2021 Blue Notes Remedial Law

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THE ATENEO LAW SCHOOL
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THE ATENEO CENTRAL BAR OPERATIONS 2020-2021
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Ad maiorem Dei gloriam.

GRACE ANN Q. BAJO
TIMOTHY JACOB J. PALAFOX
20 21 C H AI R PE R S O N S
KATHLEEN KAE Z. ENDOZO MEG V. BUENSALIDO

ARISTEO RAPHAEL T. MARBELLA III MARIE KAYLA C. GALIT
20 21 AD MI NI ST R A TI V E CO M MI T TE E HE A D S 20 21 A C AD E MI C C O M MI T TE E HE AD S
CARLOS ROSAURO N. MANALO

MA. CRISTINA ASUNCION
20 21 A C AD E MI C C O M MI T TE E U N D E R ST U D I E S
JUSTICE MAGDANGAL M. DE LEON

ATTY. AXEL RUPERT M. CRUZ
ATTY. ERDELYNE C. GO
ATTY. CARLOS LOPEZ
20 21 R E ME D I AL LA W F A CU L TY A D V I S E R S
JASON DON S. DIZON LOUIE EMMANUEL G. PAGTAKHAN

JAMES PATRICK L. URQUIOLA STEFFI GAYLE C. BULLECER
JAIMS GABRIEL L. ORENCIA STEFFI MARTINA S. VALLE
LESLIELYN L. NGO JENWIN ELLA M. BACCAY
20 21 R E ME D I AL LA W SU BJE CT HE AD S 20 21 R E ME D I AL LA W U ND E R S TU D I E S
MARIA JOSEFINA CONCIO NADINE ONG NORBERTO SARIGUMBA III

JAMES ANDREW ESPIRITU ANGELICA OIDEM ROSEANNE REALUBIN
RACHEL LEIGH COLLADO PATRICIA JOY IGNACIO STEPHANIE SERAPIO
JEFFREY ABRAZALDO RAYMIELLE MAGCALAS JONATHAN TORRES
LORIEDEL FAJARDO MARC ANGELO GUIBONE ISABELLA SABIO
SHAULA FLORESTA SAMANTHA ROSE MORALES VERA DE VERA
CAMILLE BULATAO ANA SAMANTHA ISABELA PARUNGAO MIKKO RINGIA
20 21 R E ME D I AL LA W V OLU NTE E R S
JONATHAN DF. TORRES
GAEL PAULINE R. MORALES
RIA ALEXANDRA D. CASTILLO
NICOLE ANN C. PAGLICAWAN
JULIANNE BEATRICE N. ROSARIO
20 21 C R E ATI V E S
JOSEPH BILL P. QUINTOS STEFI MONIKA S. SUERO

SAMANTHA J. MAGAOAY KATHLEEN C. ROMINA
FREEDOM JUSTIN B. HERNANDEZ SERMAE ANGELA G. PASCUAL
20 21 TE C H NI CA L 2 02 1 FI N AN CE
AINA RAE L. CORTEZ CHRISTIAN GIO R. SENARLO

LUMINA ALINEA O. AQUINO MAEDEN M. BORCELANGO
ANNA MARIE GRACE M. ANTONIO IMI LIZA B. ESPINA
MARY STEPHANIE CABRERA CRUZ FRANCIS SABIN BELTRAN
CLARISSE MAE D. ZAPLAN ANTHONY JEFFERSON Y. JULIO
20 21 S PE CI AL P R OJ E C TS 20 21 LO GI STI C S
DONN MARIE ISABELLE BALINA MELISSA GABRIELLE P. REMULLA

ALISHA BEATRICE A. VERGARA GRACIELLA RACHEL D. ROBLES
PRISHA LEIGH D. CRUZ DANELLA DIANE D. DIMAPILIS
ALITHEA C. SORIANO REYNALDO M. REVECHE
AARON C. CHENG CZAREANA JOUSCH T. PARRA
20 21 M AR K E TI N G 20 21 PU BLI C R E L A TI ON S
JUSTIN LUIGI V. HERNANDEZ
20 2 0 C HAI R P E R SO N
YVES PETER CARLO D. MEDINA THERESE ANNE C. ESPINOSA

KATRINA ISABELLE G. PIMENTEL HAZEL VIANCA I. ORTEGA
GENICA GALE F. LAHOZ VINCE ZYRENCE T. BARLONGAY
20 2 0 AD MI NI S TR ATI V E CO M MI T TE E HE A D S 20 2 0 HO TE L C O M MI TTE E HE A D S
EUNICE A. MALAYO MEG V. BUENSALIDO

FRANCES CHRISTINE P. SAYSON MARIE KAYLA C. GALIT
20 2 0 A CAD E MI C CO M MI T TE E HE AD S 2 02 0 A CA D E M I C CO M MIT T E E U N D E R S T U DI E S
JUSTICE MAGDANGAL M. DE LEON

ATTY. AXEL RUPERT M. CRUZ
ATTY. ERDELYNE C. GO
ATTY. CARLOS LOPEZ
20 2 0 R E ME D I AL L A W F A CU L TY A D V I S E R S
BRYAN GEORGE M. MANZANO

ALGA MAE V. SAN DIEGO JASON DON S. DIZON
ROWELL NICO S. MACALINO JAMES PATRICK L. URQUIOLA
REI LUIS ANTON A. DOMINGO JAIMS GABRIEL L. ORENCIA
20 2 0 R E ME D I AL L A W SU BJE CT HE AD S 20 2 0 R E ME D I AL L A W U ND E R S TU D I E S
ANNA BEATRICE, L. SALAZAR ISABELLA SABIO ANDREA RIOFLORIDO

APRILLE VINCIE P. TAGUDAR SOFIA GATCHALIAN CLEON MAGAYANES
IRISH SELENE S. AQUINO DOROTHY DULNOAN VICTORIA CHANG
AILEEN LOVE H. REYES ROSEANNE REALUBIN RIZZA MATIONG
LORIEDEL FAJARDO MARIA ANGELICA TORIO REM GUEVARRA
SHIKYNA CASTILLO KRISTINE MAE D. MEDEL ZEKE GARCIA
SIEGFRED G. PEREZ JEBEL DHANNA C. CLAUDIO VEYA JOSEF
LESLIELYN L. NGO SAMANTHA ROSE K. MORALES JUNE LIM
JEFFREY ROGER T. ABRAZALDO
20 2 0 R E ME D I AL L A W V OLU NTE E R S
ATENEO CENTRAL
BAR OPERATIONS 2020/21 REMEDIAL LAW
TABLE OF CONTENTS
I. GENERAL PRINCIPLES .......................................................................................................................................... 2
A. SUBSTANTIVE LAW AS DISTINGUISHED FROM REMEDIAL LAW...................................................................... 2

B. RULE-MAKING POWER OF THE SUPREME COURT.......................................................................................... 3
1. LIMITATIONS ON THE RULE-MAKING POWER OF THE SUPREME COURT....................................................... 3
2. POWER OF THE SUPREME COURT TO AMEND AND SUSPEND PROCEDURAL RULES ...................................... 3
C. NATURE OF PHILIPPINE COURTS .................................................................................................................... 4
1. MEANING OF A COURT................................................................................................................................ 4
2. DISTINGUISH: COURT AND JUDGE ............................................................................................................... 4
3. CLASSIFICATION OF PHILIPPINE COURTS...................................................................................................... 5
4. COURTS OF ORIGINAL AND APPELLATE JURISDICTION ................................................................................. 5
5. COURTS OF GENERAL AND SPECIAL JURISDICTION ....................................................................................... 6
6. CONSTITUTIONAL AND STATUTORY COURTS ............................................................................................... 6
7. COURTS OF LAW AND EQUITY ..................................................................................................................... 6
8. PRINCIPLE OF JUDICIAL HIERARCHY ............................................................................................................. 7
9. DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF JUDICIAL STABILITY .................................................... 7
II. JURISDICTION .................................................................................................................................................. 10
A. CLASSIFICATION OF JURISDICTION ............................................................................................................... 11

1. DISTINGUISH: ORIGINAL AND APPELLATE .................................................................................................. 11
2. DISTINGUISH: GENERAL AND SPECIAL........................................................................................................ 11
3. DISTINGUISH: EXCLUSIVE AND CONCURRENT ............................................................................................ 11
B. DOCTRINES OF HIERARCHY OF COURTS AND CONTINUITY OF JURISDICTION............................................... 11
(ADHERENCE OF JURISDICTION) ....................................................................................................................... 11
C. JURISDICTION OF VARIOUS PHILIPPINE COURTS .......................................................................................... 12
D. ASPECTS OF JURISDICTION........................................................................................................................... 26
1. JURISDICTION OVER THE PARTIES .............................................................................................................. 26
2. JURISDICTION OVER THE SUBJECT MATTER ............................................................................................... 26
3. JURISDICTION OVER THE ISSUES ................................................................................................................ 31
4. JURISDICTION OVER THE RES OR PROPERTY IN LITIGATION........................................................................ 31
5. JURISDICTION OVER THE REMEDIES .......................................................................................................... 31
E. DISTINGUISH: ERROR OF JURISDICTION VS. ERROR OF JUDGMENT .............................................................. 32
F. JURISDICTION VS. VENUE ............................................................................................................................. 32
G. JURISDICTION OVER SMALL CLAIMS, CASES COVERED BY THE RULES ON SUMMARY PROCEDURE AND
BARANGAY CONCILIATION............................................................................................................................... 32
H. HOW JURISDICTION IS DETERMINED ........................................................................................................... 35
III. CIVIL PROCEDURE ........................................................................................................................................... 37
A. GENERAL PROVISIONS ................................................................................................................................. 41

B. ACTIONS ...................................................................................................................................................... 41
1. MEANING OF ORDINARY CIVIL ACTIONS .................................................................................................... 41
2. MEANING OF SPECIAL CIVIL ACTIONS ........................................................................................................ 41
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3. MEANING OF CRIMINAL ACTIONS.............................................................................................................. 41

4. CIVIL ACTIONS VERSUS SPECIAL PROCEEDINGS .......................................................................................... 42
5. PERSONAL ACTIONS AND REAL ACTIONS ................................................................................................... 42
6. LOCAL AND TRANSITORY ACTIONS ............................................................................................................ 42
7. ACTIONS IN REM, IN PERSONAM, AND QUASI IN REM ............................................................................... 42
C. CAUSE OF ACTION ........................................................................................................................................ 44
1. MEANING OF CAUSE OF ACTION ............................................................................................................... 44
2. DISTINGUISH: RIGHT OF ACTION AND CAUSE OF ACTION........................................................................... 44
3. DISTINGUISH: FAILURE TO STATE A CAUSE OF ACTION AND LACK OF CAUSE OF ACTION ............................ 45
4. TEST OF SUFFICIENCY OF A CAUSE OF ACTION ........................................................................................... 45
5. SPLITTING A SINGLE CAUSE OF ACTION AND ITS EFFECTS........................................................................... 46
6. JOINDER AND MISJOINDER OF CAUSES OF ACTION .................................................................................... 47
D. PARTIES TO CIVIL ACTION ............................................................................................................................ 47
1. REAL PARTIES IN INTEREST; INDISPENSABLE PARTIES; REPRESENTATIVES AS PARTIES; NECESSARY PARTIES;
INDIGENT PARTIES; ALTERNATIVE DEFENDANTS............................................................................................ 48
2. COMPULSORY AND PERMISSIVE JOINDER OF PARTIES ............................................................................... 53
3. MISJOINDER AND NON-JOINDER OF PARTIES............................................................................................. 54
4. CLASS SUIT ................................................................................................................................................ 54
5. SUITS AGAINST ENTITIES WITHOUT JURIDICAL PERSONALITY ..................................................................... 55
6. EFFECT OF DEATH OF PARTY LITIGANT ...................................................................................................... 55
E. VENUE .......................................................................................................................................................... 57
1. VENUE OF REAL ACTIONS .......................................................................................................................... 57
2. VENUE OF PERSONAL ACTIONS ................................................................................................................. 58
3. VENUE OF ACTIONS AGAINST NON-RESIDENTS .......................................................................................... 58
4. WHEN THE RULES ON VENUE DO NOT APPLY ............................................................................................ 58
5. EFFECTS OF STIPULATIONS ON VENUE....................................................................................................... 59
F. PLEADINGS ................................................................................................................................................... 60
1. KINDS OF PLEADINGS AND WHEN SHOULD THEY BE FILED ......................................................................... 60
2. PLEADINGS ALLOWED IN SMALL CLAIMS CASES AND CASES COVERED BY THE RULE ON SUMMARY
PROCEDURE.................................................................................................................................................. 68
3. PARTS AND CONTENTS OF A PLEADING ..................................................................................................... 70
4. ALLEGATIONS IN A PLEADING .................................................................................................................... 75
5. EFFECT OF FAILURE TO PLEAD ................................................................................................................... 82
6. DEFAULT ................................................................................................................................................... 83
7. FILING AND SERVICE OF PLEADINGS .......................................................................................................... 87
8. AMENDMENT............................................................................................................................................ 98
G. SUMMONS ................................................................................................................................................ 102
1. NATURE AND PURPOSE OF SUMMONS.................................................................................................... 102
2. VOLUNTARY APPEARANCE ...................................................................................................................... 104
3. WHO MAY SERVE SUMMONS .................................................................................................................. 104
4. PERSONAL SERVICE (SERVICE IN PERSON ON DEFENDANT) ...................................................................... 105
5. SUBSTITUTED SERVICE ............................................................................................................................ 106
6. CONSTRUCTIVE SERVICE.......................................................................................................................... 107
7. EXTRATERRITORIAL SERVICE, WHEN ALLOWED........................................................................................ 108
8. SERVICE UPON PRISONERS AND MINORS; UPON SPOUSES ...................................................................... 109
9. SERVICE UPON DOMESTIC OR FOREIGN PRIVATE JURIDICAL ENTITY ........................................................ 109
10. PROOF OF SERVICE ................................................................................................................................ 111
H. MOTIONS................................................................................................................................................... 112
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1. MOTIONS IN GENERAL ............................................................................................................................ 112

2. MOTIONS FOR BILL OF PARTICULARS....................................................................................................... 115
I. DISMISSAL OF ACTIONS............................................................................................................................... 116
1. DISMISSAL WITH PREJUDICE.................................................................................................................... 116
2. DISMISSAL UPON NOTICE BY PLAINTIFF ................................................................................................... 117
3. DISMISSAL UPON MOTION BY PLAINTIFF; EFFECT ON EXISTING COUNTERCLAIM ..................................... 118
4. DISMISSAL DUE TO FAULT OF PLAINTIFF .................................................................................................. 119
5. DISMISSAL OF COUNTERCLAIM, CROSS-CLAIM OR THIRD-PARTY COMPLAINT .......................................... 119
J. PRE-TRIAL ................................................................................................................................................... 119
1. CONCEPT OF PRE-TRIAL ........................................................................................................................... 119
2. NATURE AND PURPOSE ........................................................................................................................... 120
3. NOTICE OF PRE-TRIAL .............................................................................................................................. 121
4. APPEARANCE OF PARTIES; EFFECT OF FAILURE TO APPEAR ...................................................................... 121
5. PRE-TRIAL BRIEF; EFFECT OF FAILURE TO FILE .......................................................................................... 122
6. PRE-TRIAL ORDER.................................................................................................................................... 122
7. DISTINCTION BETWEEN PRE-TRIAL IN A CIVIL CASE AND PRE-TRIAL IN A CRIMINAL CASE ......................... 123
K. INTERVENTION........................................................................................................................................... 127
1. REQUISITES FOR INTERVENTION.............................................................................................................. 129
2. TIME TO INTERVENE................................................................................................................................ 129
3. REMEDY OF DENIAL OF MOTION TO INTERVENE...................................................................................... 129
L. SUBPOENA ................................................................................................................................................. 129
1. SUBPOENA DUCES TECUM ...................................................................................................................... 129
2. SUBPOENA AD TESTIFICANDUM .............................................................................................................. 129
3. SERVICE OF SUBPOENA ........................................................................................................................... 130
4. COMPELLING ATTENDANCE OF WITNESSES; CONTEMPT.......................................................................... 130
5. QUASHING A SUBPOENA ......................................................................................................................... 131
M. COMPUTATION OF TIME ........................................................................................................................... 132
N. MODES OF DISCOVERY .............................................................................................................................. 132
1. DEPOSITIONS PENDING ACTION; DEPOSITIONS BEFORE ACTION OR PENDING APPEAL ............................ 133
2. WRITTEN INTERROGATORIES TO ADVERSE PARTIES ................................................................................. 139
3. REQUEST FOR ADMISSION....................................................................................................................... 141
4. PRODUCTION AND INSPECTION OF DOCUMENTS OR THINGS .................................................................. 143
5. PHYSICAL AND MENTAL EXAMINATION OF PERSONS ............................................................................... 144
6. CONSEQUENCES OF REFUSAL TO COMPLY WITH THE MODES OF DISCOVERY........................................... 145
O. TRIAL ......................................................................................................................................................... 147
1. ADJOURNMENTS AND POSTPONEMENTS ................................................................................................ 147
2. REQUISITES OF MOTION TO POSTPONE TRIAL ......................................................................................... 147
3. AGREED STATEMENT OF FACTS ............................................................................................................... 147
4. ORDER OF TRIAL; REVERSAL OF ORDER ................................................................................................... 148
5. CONSOLIDATION OR SEVERANCE............................................................................................................. 149
6. DELEGATION OF RECEPTION OF EVIDENCE .............................................................................................. 150
7. TRIAL BY COMMISSIONERS...................................................................................................................... 151
P. DEMURRER TO EVIDENCE .......................................................................................................................... 152
1. GROUNDS ............................................................................................................................................... 153
2. EFFECT OF DENIAL................................................................................................................................... 153
3. EFFECT OF GRANT ................................................................................................................................... 153
4. WAIVER OF RIGHT TO PRESENT EVIDENCE ............................................................................................... 154
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5. DISTINGUISH: DEMURRER TO EVIDENCE IN A CIVIL CASE AND DEMURRER TO EVIDENCE IN A CRIMINAL

CASE ........................................................................................................................................................... 154
Q. JUDGMENTS AND FINAL ORDERS .............................................................................................................. 155
1. JUDGMENT AFTER PRE-TRIAL .................................................................................................................. 155
2. JUDGMENT WITHOUT TRIAL.................................................................................................................... 156
3. JUDGMENT ON THE PLEADINGS .............................................................................................................. 156
4. SUMMARY JUDGMENT............................................................................................................................ 158
5. DISTINGUISH: JUDGMENT ON THE PLEADINGS AND SUMMARY JUDGMENTS........................................... 160
6. CONTENTS OF A JUDGMENT.................................................................................................................... 160
7. RENDITION OF JUDGMENTS AND FINAL ORDERS ..................................................................................... 161
8. ENTRY OF JUDGMENT AND FINAL ORDER ................................................................................................ 162
R. POST-JUDGMENT REMEDIES ...................................................................................................................... 167
1. MOTION FOR NEW TRIAL OR RECONSIDERATION .................................................................................... 167
2. APPEALS................................................................................................................................................. 171
3. RELIEF FROM JUDGMENTS, ORDERS, AND OTHER PROCEEDINGS (Rule 38) .............................................. 201
4. ANNULMENT OF JUDMENTS AND FINAL ORDERS AND RESOLUTIONS (Rule 47)........................................ 203
5. COLLATERAL ATTACK OF JUDGMENTS ..................................................................................................... 206
S. EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS .......................................................................... 206
1. DIFFERENCE BETWEEN FINAL JUDGMENT FOR PURPOSES OF APPEAL; FOR PURPOSES OF EXECUTION..... 206
2. WHEN EXECUTION SHALL ISSUE .............................................................................................................. 207
3. HOW JUDGMENT IS EXECUTED................................................................................................................ 211
4. PROPERTIES EXEMPT FROM EXECUTION.................................................................................................. 214
5. PROCEEDINGS WHERE PROPERTY IS CLAIMED BY THIRD PERSONS; IN RELATION TO THIRD PARTY CLAIM IN
ATTACHMENT AND REPLEVIN ..................................................................................................................... 215
6. RULES ON REDEMPTION.......................................................................................................................... 218
7. EXAMINATION OF JUDGMENT OBLIGOR WHEN JUDGMENT IS SATISFIED................................................. 220
8. EXAMINATION OF DEBTORS OF THE JUDGMENT OBLIGOR....................................................................... 220
9. EFFECT OF JUDGMENT AND FINAL ORDERS ............................................................................................. 221
10. ENFORCEMENT AND EFFECT OF FOREIGN JUDGMENTS OR FINAL ORDERS............................................. 222
IV. PROVISIONAL REMEDIES .............................................................................................................................. 224
A. NATURE AND PURPOSE ............................................................................................................................. 225

B. JURISDICTION OVER PROVISIONAL REMEDIES ........................................................................................... 225
C. PRELIMINARY ATTACHMENT...................................................................................................................... 225
1. GROUNDS FOR ISSUANCE OF PRELIMINARY ATTACHMENT ...................................................................... 227
2. REQUISITES ............................................................................................................................................. 228
3. ISSUANCE AND CONTENTS OF ORDER OF ATTACHMENT; AFFIDAVIT AND BOND ...................................... 229
4. RULE ON PRIOR OR CONTEMPORANEOUS SERVICE OF SUMMONS .......................................................... 230
5. MANNER OF ATTACHING REAL AND PERSONAL PROPERTY; WHEN PROPERTY ATTACHED IS CLAIMED BY
THIRD PERSON............................................................................................................................................ 230
6. DISCHARGE OF ATTACHMENT AND THE COUNTER-BOND ........................................................................ 233
7. SATISFACTION OF JUDGMENT OUT OF PROPERTY ATTACHED .................................................................. 236
8. COMPARED WITH GARNISHMENT AND LEVY ON EXECUTION .................................................................. 237
D. PRELIMINARY INJUNCTION ........................................................................................................................ 241
1. DEFINITIONS AND DIFFERENCES: PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER (TRO),
AND STATUS QUO ANTE ORDER .................................................................................................................. 241
2. REQUISITES ............................................................................................................................................. 243
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3. KINDS OF INJUNCTIONS; KINDS OF TEMPORARY RESTRAINING ORDERS................................................... 247

4. WHEN WRIT MAY BE ISSUED, WHEN WRIT MAY NOT BE ISSUED .............................................................. 248
5. GROUNDS FOR ISSUANCE OF PRELIMINARY INJUNCTION......................................................................... 249
6. GROUNDS FOR OBJECTION TO, OR FOR THE DISSOLUTION OF INJUNCTION OR RESTRAINING ORDER ...... 250
7. DURATION OF TEMPORARY RESTRAINING ORDERS.................................................................................. 250
8. RULE ON PRIOR CONTEMPORANEOUS SERVICE OF SUMMONS IN RELATION TO ATTACHMENT ............... 252
E. RECEIVERSHIP ............................................................................................................................................ 254
1. CASES WHEN RECEIVER MAY BE APPOINTED ........................................................................................... 254
2. REQUISITES ............................................................................................................................................. 255
3. REQUIREMENTS BEFORE ISSUANCE OF AN ORDER APPOINTING A RECEIVER............................................ 255
4. GENERAL POWERS OF A RECEIVER .......................................................................................................... 256
5. KINDS OF BONDS IN RECEIVERSHIP.......................................................................................................... 257
6. TERMINATION OF RECEIVERSHIP ............................................................................................................. 258
F. REPLEVIN.................................................................................................................................................... 258
1. WHEN MAY WRIT BE ISSUED ................................................................................................................... 259
2. REQUISITES ............................................................................................................................................. 259
3. AFFIDAVIT AND BOND; REDELIVERY BOND .............................................................................................. 259
4. SHERIFF’S DUTY IN THE IMPLEMENTATION OF THE WRIT; WHEN PROPERTY IS CLAIMED BY THIRD PARTY 260
G. PROVISIONAL REMEDIES AND INTERIM RELIEFS UNDER SPECIAL LAWS AND RULES .................................. 261
1. PROVISIONAL REMEDIES OF THE FAMILY COURTS (R.A. 8369) ................................................................. 261
2. HUMAN SECURITY ACT (R.A. 9372) .......................................................................................................... 262
3. ANTI-VIOLENECE AGAINST WOMEN AND CHILDREN ACT (R.A. 9262) ....................................................... 263
4. ANTI-MONEY LAUNDERING ACT (R.A. 9160, AS AMENDED) ..................................................................... 266
5. FINANCIAL REHABILITATION AND INSOLVENCY ACT (R.A. 10142) ............................................................. 267
6. PRECAUTIONARY HOLD DEPARTURE ORDERS .......................................................................................... 269
V. SPECIAL CIVIL ACTIONS .................................................................................................................................. 272
A. NATURE OF SPECIAL CIVIL ACTIONS ........................................................................................................... 273

B. DISTINGUISH: ORDINARY CIVIL ACTIONS AND SPECIAL CIVIL ACTIONS ...................................................... 273
C. JURISDICTION AND VENUE ......................................................................................................................... 274
D. INTERPLEADER ........................................................................................................................................... 274
1. REQUISITES FOR INTERPLEADER .............................................................................................................. 274
2. WHEN TO FILE ........................................................................................................................................ 274
3. DISMISSAL............................................................................................................................................... 275
E. DECLARATORY RELIEF AND SIMILAR REMEDIES.......................................................................................... 275
1. WHO MAY FILE THE ACTION .................................................................................................................... 275
2. REQUISITES OF AN ACTION FOR DECLARATORY RELIEF ............................................................................ 276
3. WHEN COURT MAY REFUSE TO MAKE JUDICIAL DECLARATION ................................................................ 277
4. CONVERSION TO ORDINARY ACTION ....................................................................................................... 277
5. PROCEEDINGS CONSIDERED AS SIMILAR REMEDIES. ................................................................................ 278
F. REVIEW OF JUDGMENTS AND FINAL ORDERS OR RESOLUTIONS OF THE COMELEC AND COA .................... 278
1. DISTINCTION IN THE APPLICATION OF RULE 65 AS TO JUDGMENTS OF THE COMELEC AND COA AND THE
APPLICATION OF RULE 65 TO OTHER TRIBUNALS, PERSONS, AND OFFICERS ................................................ 279
G. CERTIORARI, PROHIBITION, AND MANDAMUS .......................................................................................... 281
1. DEFINITIONS AND DISTINCTIONS ............................................................................................................. 281
2. REQUISITES ............................................................................................................................................. 283
3. WHEN PETITION FOR CERTIORARI, PROHIBITION OR MANDAMUS IS PROPER .......................................... 285
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4. INJUNCTIVE RELIEF .................................................................................................................................. 288

5. DISTINGUISH: CERTIORARI, APPEAL BY CERTIORARI, AND ARTICLE VIII, SECTION 1 OF HE CONSTITUTION 288
6. DISTINGUISH: PROHIBITION, MANDAMUS, AND INJUNCTION .................................................................. 288
7. WHEN AND WHERE TO FILE PETITION ..................................................................................................... 289
8. EXCEPTIONS TO FILING OF MOTION FOR RECONSIDERATION BEFORE FILING PETITION ........................... 290
9. RELIEFS PETITIONER IS ENTITLED TO........................................................................................................ 290
10. ACTIONS OR OMISSIONS OF FIRST-LEVEL/REGIONAL TRIAL COURTS IN ELECTION CASES ........................ 290
11. WHERE TO FILE PETITION ...................................................................................................................... 290
12. EFFECTS OF FILING OF AN UNMERITORIOUS PETITION........................................................................... 290
H. QUO WARRANTO ...................................................................................................................................... 291
1. DISTINGUISH: QUO WARRANTO UNDER THE RULES OF COURT AND QUO WARRANTO UNDER THE
OMNIBUS ELECTION CODE .......................................................................................................................... 292
2. WHEN GOVERNMENT COMMENCES AN ACTION AGAINST INDIVIDUALS OR ASSOCIATIONS..................... 292
3. WHEN INDIVIDUAL MAY COMMENCE AN ACTION .................................................................................. 293
4. JUDGMENT IN QUO WARRANTO ACTION ................................................................................................ 293
5. RIGHTS OF A PERSON ADJUDGED ENTITLED TO PUBLIC OFFICE ................................................................ 294
6. LIMITATIONS........................................................................................................................................... 294
I. EXPROPRIATION.......................................................................................................................................... 294
1. MATTERS TO ALLEGE IN COMPLAINT FOR EXPROPRIATION...................................................................... 295
2. TWO STAGES IN EVERY ACTION FOR EXPROPRIATION.............................................................................. 295
3. WHEN PLAINTIFF CAN IMMEDIATELY ENTER INTO POSSESSION OF THE REAL PROPERTY ......................... 296
4. NEW SYSTEM OF IMMEDIATE PAYMENT OF INITIAL JUST COMPENSATION .............................................. 297
5. DEFENSES AND OBJECTIONS.................................................................................................................... 297
6. ORDER OF EXPROPRIATION ..................................................................................................................... 298
7. ASCERTAINMENT OF JUST COMPENSATION............................................................................................. 299
8. APPOINTMENT OF COMMISSIONERS; COMMISSIONERS’ REPORT; COURT ACTION UPON COMMISSIONERS’
REPORT ...................................................................................................................................................... 299
9. RIGHTS OF PLAINTIFF UPON JUDGMENT AND PAYMENT ......................................................................... 300
10. EFFECT OF RECORDING OF JUDGMENT .................................................................................................. 300
J. FORECLOSURE OF REAL ESTATE MORTGAGE............................................................................................... 301
1. KINDS OF FORECLOSURE ......................................................................................................................... 301
2. NEED FOR SPECIAL POWER OF ATTORNEY ............................................................................................... 302
3. AUTHORITY TO FORECLOSE EXTRAJUDICIALLY ......................................................................................... 302
4. PROCEDURE ............................................................................................................................................ 302
5. POSSESSION BY PURCHASER OF FORECLOSED PROPERTY ........................................................................ 305
6. REMEDY OF DEBTOR IF FORECLOSURE IS NOT PROPER ............................................................................ 306
7. REDEMPTION .......................................................................................................................................... 306
8. WRIT OF POSSESSION.............................................................................................................................. 309
9. ANNULMENT OF SALE ............................................................................................................................. 309
K. PARTITION ................................................................................................................................................. 309
1. WHO MAY FILE COMPLAINT; WHO SHOULD BE MADE DEFENDANTS ....................................................... 310
2. MATTERS TO ALLEGE IN THE COMPLAINT FOR PARTITION ....................................................................... 311
3. TWO STAGES IN EVERY ACTION FOR PARTITION ...................................................................................... 311
4. ORDER OF PARTITION AND PARTITION BY AGREEMENT........................................................................... 311
5. PARTITION BY COMMISSIONERS; APPOINTMENT OF COMMISSIONERS; COMMISSIONER’S REPORT; COURT
ACTION UPON COMMISSIONER’S REPORT................................................................................................... 312
6. JUDGMENT AND ITS EFFECTS .................................................................................................................. 313
7. PARTITION OF PERSONAL PROPERTY ....................................................................................................... 313
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8. PRESCRIPTION OF ACTION....................................................................................................................... 313

9. WHEN PARTITION IS NOT ALLOWED ........................................................................................................ 313
L. FORCIBLE ENTRY AND UNLAWFUL DETAINER ............................................................................................. 313
1. DEFINITIONS AND DISTINCTION............................................................................................................... 313
2. DISTINGUISH: FORCIBLE ENTRY, UNLAWFUL DETAINER, ACCION PUBLICIANA, AND ACCION
REINVINDICATORIA ..................................................................................................................................... 315
3. JURISDICTION IN ACCION PUBLICIANA AND ACCION REINVINDICATORIA ................................................. 315
4. WHO MAY INSTITUTE THE ACTION AND WHEN; AGAINST WHOM MAY THE ACTION BE MAINTAINED...... 315
5. PLEADINGS ALLOWED ............................................................................................................................. 317
6. ACTION ON THE COMPLAINT................................................................................................................... 317
7. WHEN DEMAND IS NECESSARY................................................................................................................ 317
8. PRELIMINARY INJUNCTION AND PRELIMINARY MANDATORY INJUNCTION .............................................. 317
9. RESOLVING DEFENSE OF OWNERSHIP ..................................................................................................... 318
10. HOW TO STAY THE IMMEDIATE EXECUTION OF JUDGMENT................................................................... 318
11. PROHIBITED PLEADINGS AND MOTIONS ................................................................................................ 319
M. CONTEMPT ............................................................................................................................................... 319
1. KINDS OF CONTEMPT .............................................................................................................................. 319
2. PURPOSE AND NATURE OF EACH............................................................................................................. 319
3. REMEDY AGAINST DIRECT CONTEMPT; PENALTY ..................................................................................... 320
4. REMEDY AGAINST INDIRECT CONTEMPT; PENALTY .................................................................................. 321
5. HOW CONTEMPT PROCEEDINGS ARE COMMENCED ................................................................................ 321
6. ACTS DEEMED PUNISHABLE AS INDIRECT CONTEMPT .............................................................................. 321
7. WHEN IMPRISONMENT SHALL BE IMPOSED ............................................................................................ 322
8. CONTEMPT AGAINST QUASI-JUDICIAL BODIES ......................................................................................... 322
VI. SPECIAL PROCEEDINGS ................................................................................................................................. 324
A. SETTLEMENT OF ESTATE OF DECEASED PERSONS, VENUE AND PROCESS ................................................... 327

1. WHICH COURT HAS JURISDICTION........................................................................................................... 327
2. VENUE IN JUDICIAL SETTLEMENT OF ESTATE ........................................................................................... 328
3. EXTENT OF JURISDICTION OF PROBATE COURT........................................................................................ 329
4. POWERS AND DUTIES OF PROBATE COURT.............................................................................................. 329
B. SUMMARY SETTLEMENT OF ESTATES......................................................................................................... 331
1. EXTRAJUDICIAL SETTLEMENT BY AGREEMENT BETWEEN HEIRS, WHEN ALLOWED ................................... 331
2. TWO-YEAR PRESCRIPTIVE PERIOD ........................................................................................................... 332
3. AFFIDAVIT OF SELF-ADJUDICATION BY SOLE HEIR .................................................................................... 333
4. SUMMARY SETTLEMENT OF ESTATES OF SMALL VALUE, WHEN ALLOWED ............................................... 333
5. REMEDIES OF AGGRIEVED PARTIES AFTER EXTRAJUDICIAL SETTLEMENT OF ESTATE ................................ 334
C. PRODUCTION AND PROBATE OF WILL........................................................................................................ 335
1. NATURE OF PROBATE PROCEEDING......................................................................................................... 335
2. WHO MAY PETITION FOR PROBATE; PERSONS ENTITLED TO NOTICE ....................................................... 336
D. ALLOWANCE OR DISALLOWANCE OF WILL................................................................................................. 337
1. CONTENTS OF PETITION FOR ALLOWANCE OF WILL ................................................................................. 338
2. GROUNDS FOR DISALLOWANCE OF WILL ................................................................................................. 339
3. REPROBATE............................................................................................................................................. 339
4. REQUISITES BEFORE WILL PROVED OUTSIDE ALLOWED IN THE PHILIPPINES ............................................ 339
5. EFFECTS OF PROBATE .............................................................................................................................. 340
F. LETTERS TESTAMENTARY AND OF ADMINISTRATION ................................................................................. 340
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1. WHEN AND TO WHOM LETTERS OF ADMINISTRATION GRANTED ............................................................ 340

2. ORDER OF PREFERENCE........................................................................................................................... 342
3. OPPOSITION TO ISSUANCE OF LETTERS TESTAMENTARY, SIMULTANEOUS FILING OF PETITION FOR
ADMINISTRATION ....................................................................................................................................... 344
4. POWERS AND DUTIES OF EXECUTORS AND ADMINISTRATORS; RESTRICTION ON THEIR POWERS ............ 344
5.APPOINTMENT OF SPECIAL ADMINISTRATOR ........................................................................................... 346
6. GROUNDS FOR REMOVAL OF EXECUTORS AND ADMINISTRATORS........................................................... 348
F. CLAIMS AGAINST THE ESTATE .................................................................................................................... 349
1. TIME WITHIN WHICH CLAIMS SHALL BE FILED; EXCEPTIONS .................................................................... 351
2. STATUTE OF NON-CLAIMS ....................................................................................................................... 351
3.CLAIM OF EXECUTOR OR ADMINISTRATOR AGAINST THE ESTATE ............................................................. 352
4. PAYMENT OF THE DEBTS OF THE ESTATE ................................................................................................. 352
G. ACTIONS THAT MAY BE BROUGHT AGAINST EXECUTORS AND ADMINISTRATORS .................................... 355
1. ACTIONS THAT MAY BE BROUGHT AGAINST EXECUTORS AND ADMINISTRATORS .................................... 355
2. REQUISITES BEFORE CREDITOR MAY BRING AN ACTION FOR RECOVERY OF PROPERTY FRAUDULENTLY
CONVEYED BY THE DECEASED ..................................................................................................................... 356
H. Distribution and Partition .......................................................................................................................... 357
1. LIQUIDATION .......................................................................................................................................... 357
2. PROJECT OF PARTITION ........................................................................................................................... 357
3. REMEDY OF AN HEIR ENTITLED TO RESIDUE BUT NOT GIVEN HIS SHARE .................................................. 357
4. INSTANCES WHEN PROBATE COURT MAY ISSUE WRIT OF EXECUTION ..................................................... 357
I. TRUSTEES .................................................................................................................................................... 358
1. TRUSTEE DISTINGUISHED FROM EXECUTOR OR ADMINISTRATOR ............................................................ 359
2. CONDITIONS OF THE BOND ..................................................................................................................... 360
3. REQUISITES FOR REMOVAL AND RESIGNATION OF A TRUSTEE ................................................................. 360
4.GROUNDS FOR REMOVAL AND RESIGNATION OF A TRUSTEE.................................................................... 360
5. EXTENT OF AUTHORITY OF TRUSTEE........................................................................................................ 360
J. ESCHEAT ..................................................................................................................................................... 361
1. WHEN TO FILE; THREE INSTANCES OF ESCHEAT ....................................................................................... 361
2. REQUISITES FOR FILING OF PETITION....................................................................................................... 362
3. REMEDY OF RESPONDENT AGAINST PETITION; PERIOD FOR FILING A CLAIM ........................................... 362
K. GUARDIANSHIP .......................................................................................................................................... 362
1. VENUE .................................................................................................................................................... 363
2. APPOINTMENT OF GUARDIANS ............................................................................................................... 363
3. GENERAL POWERS AND DUTIES OF GUARDIANS ...................................................................................... 365
4. TERMINATION OF GUARDIANSHIP ........................................................................................................... 367
5. RULE ON GUARDIANSHIP OVER MINORS (A.M. No. 03-02-05-SC, effective May 1, 2003) .......................... 367
N. ADOPTION ................................................................................................................................................. 369
1. DOMESTIC ADOPTION V. INTER-COUNTRY ADOPTION ............................................................................. 369
2. DOMESTIC ADOPTION ............................................................................................................................. 372
3. INTER-COUNTRY ADOPTION .................................................................................................................... 375
M. WRIT OF HABEAS CORPUS ........................................................................................................................ 384
1. CONTENTS OF THE PETITION ................................................................................................................... 385
2. CONTENTS OF RETURN............................................................................................................................ 386
3. DISTINGUISH PEREMPTORY WRIT FROM PRELIMINARY CITATION ............................................................ 388
4. WHEN NOT PROPER/APPLICABLE ............................................................................................................ 388
5.WHEN WRIT DISALLOWED/ DISCHARGED ................................................................................................. 388
6. DISTINGUISH FROM WRIT OF AMPARO AND HABEAS DATA ..................................................................... 389
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7. RULES ON CUSTODY OF MINORS AND WRIT OF HABEAS CORPUS IN RELATION TO CUSTODY OF MINORS
(A.M. NO. 03-04-04-SC) ............................................................................................................................... 389
N. WRIT OF AMPARO (A.M. No. 07-9-12-SC) .................................................................................................. 391
1. COVERAGE .............................................................................................................................................. 391
2. DIFFERENCES BETWEEN AMPARO AND SEARCH WARRANT ..................................................................... 392
3. WHO MAY FILE........................................................................................................................................ 393
4. CONTENTS OF RETURN............................................................................................................................ 394
5. EFFECTS OF FAILURE TO FILE RETURN...................................................................................................... 394
6. OMNIBUS WAIVER RULE ......................................................................................................................... 394
7. PROCEDURE FOR HEARING...................................................................................................................... 395
8. INSTITUTION OF SEPARATE ACTION......................................................................................................... 395
9. EFFECT OF FILING A CRIMINAL ACTION.................................................................................................... 395
10.CONSOLIDATION .................................................................................................................................... 395
11.INTERIM RELIEFS AVAILABLE TO PETITIONER AND RESPONDENT ............................................................ 395
12. QUANTUM OF PROOF IN APPLICATION FOR ISSUANCE OF WRIT OF AMPARO ........................................ 396
O. WRIT OF HABEAS DATA (A.M. No. 08-1-16-SC) .......................................................................................... 397
1. SCOPE AND AVAILABILITY OF WRIT.......................................................................................................... 397
2. DISTINGUISH FROM HABEAS CORPUS AND AMPARO ............................................................................... 397
3. CONTENTS OF THE PETITION ................................................................................................................... 398
4. CONTENTS OF RETURN ........................................................................................................................... 398
5. INSTANCES WHEN PETITION IS HEARD IN THE CHAMBERS ....................................................................... 399
6. CONSOLIDATION ..................................................................................................................................... 399
7. EFFECT OF FILING A CRIMINAL ACTION.................................................................................................... 399
8. INSTITUTION OF SEPARATE ACTION......................................................................................................... 399
9. QUANTUM OF PROOF IN APPLICATION FOR ISSUANCE OF WRIT OF HABEAS DATA .................................. 399
P. CHANGE OF NAME ..................................................................................................................................... 399
1. DIFFERENCES UNDER RULE 103, REPUBLIC ACT NO. 9048 AND RULE 108 ................................................. 399
2. GROUNDS FOR CHANGE OF NAME .......................................................................................................... 401
Q. ABSENTEES ................................................................................................................................................ 402
1. PURPOSE OF THE RULE ............................................................................................................................ 402
2. WHO MAY FILE; WHEN TO FILE................................................................................................................ 403
R. CANCELLATION OR CORRECTION OF ENTRIES IN THE CIVIL REGISTRY ........................................................ 403
1. ENTRIES SUBJECT TO CANCELLATION OR CORRECTION UNDER RULE 108, IN RELATION TO R.A. 9408 ...... 404
S. APPEALS IN SPECIAL PROCEEDINGS ............................................................................................................ 404
1. JUDGMENTS AND ORDERS FOR WHICH APPEAL MAY BE TAKEN............................................................... 404
2. WHEN TO APPEAL ................................................................................................................................... 405
3. MODES OF APPEAL.................................................................................................................................. 405
4. RULE ON ADVANCE DISTRIBUTION .......................................................................................................... 405
VII. CRIMINAL PROCEDURE ................................................................................................................................ 408
A. GENERAL MATTERS.................................................................................................................................... 410

1. DISTINGUISH JURISDICTION OVER SUBJECT MATTER FROM JURISDICTION OVER PERSON OF THE ACCUSED
................................................................................................................................................................... 410
2. REQUISITES FOR EXERCISE OF CRIMINAL JURISDICTION ........................................................................... 411
3. JURISDICTION OF CRIMINAL COURTS....................................................................................................... 413
4. WHEN INJUNCTION MAY BE ISSUED TO RESTRAIN CRIMINAL PROSECUTION ........................................... 418
B. PROSECUTION OF CRIMINAL OFFENSES ..................................................................................................... 419
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1. CRIMINAL ACTIONS, HOW INSTITUTED .................................................................................................... 419

2. WHO MAY FILE THEM, CRIMES THAT CANNOT BE PROSECUTED DE OFICIO.............................................. 422
3. CRIMINAL ACTIONS, WHEN ENJOINED ..................................................................................................... 422
4. CONTROL OF PROSECUTION.................................................................................................................... 422
5. SUFFICIENCY OF COMPLAINT OR INFORMATION ..................................................................................... 425
6. DESIGNATION OF OFFENSE...................................................................................................................... 427
7. CAUSE OF THE ACCUSATION.................................................................................................................... 431
8. DUPLICITY OF THE OFFENSE; EXCEPTION ................................................................................................. 431
9. AMENDMENT OR SUBSTITUTION OF COMPLAINT OR INFORMATION....................................................... 432
10. VENUE OF CRIMINAL ACTIONS .............................................................................................................. 434
11. INTERVENTION OF OFFENDED PARTY .................................................................................................... 435
C. PROSECUTION OF CIVIL ACTION ................................................................................................................. 435
1. RULE ON IMPLIED INSTITUTION OF CIVIL ACTION WITH CRIMINAL ACTION.............................................. 435
2. WHEN CIVIL ACTION MAY PROCEED INDEPENDENTLY ............................................................................. 437
3. WHEN SEPARATE CIVIL ACTION IS SUSPENDED ........................................................................................ 437
4. EFFECT OF THE DEATH OF ACCUSED OR CONVICT ON CIVIL ACTION......................................................... 438
5. PREJUDICIAL QUESTION .......................................................................................................................... 439
6. RULE ON FILING FEES IN CIVIL ACTION DEEMED INSTITUTED WITH THE CRIMINAL ACTION ...................... 440
D. PRELIMINARY INVESTIGATION................................................................................................................... 441
1. NATURE OF RIGHT................................................................................................................................... 442
2. PURPOSES OF PRELIMINARY INVESTIGATION........................................................................................... 443
3. WHO MAY CONDUCT DETERMINATION OF EXISTENCE OF PROBABLE CAUSE ........................................... 443
4. RESOLUTION OF INVESTIGATION PROSECUTOR ....................................................................................... 447
5. REVIEW ................................................................................................................................................... 447
6. WHEN WARRANT OF ARREST MAY ISSUE................................................................................................. 449
7. CASES NOT REQUIRING A PRELIMINARY INVESTIGATION ......................................................................... 451
8. REMEDIES OF ACCUSED IF THERE WAS NO PRELIMINARY INVESTIGATION ............................................... 451
9. INQUEST ................................................................................................................................................. 451
E. ARREST....................................................................................................................................................... 453
1. ARREST, HOW MADE ............................................................................................................................... 453
2. ARREST WITHOUT WARRANT, WHEN LAWFUL ........................................................................................ 454
3. METHOD OF ARREST ............................................................................................................................... 456
4. REQUISITES OF A VALID WARRANT OF ARREST ........................................................................................ 457
5. DETERMINATION OF PROBABLE CAUSE FOR ISSUANCE OF WARRANT OF ARREST .................................... 457
F. BAIL ............................................................................................................................................................ 458
1. NATURE .................................................................................................................................................. 458
2. WHEN A MATTER OF RIGHT; EXCEPTIONS ............................................................................................... 460
3. WHEN A MATTER OF DISCRETION ........................................................................................................... 461
4. HEARING OF APPLICATION FOR BAIL IN CAPITAL OFFENSES .................................................................... 462
5. GUIDELINES IN FIXING AMOUNT OF BAIL................................................................................................. 463
6. BAIL WHEN NOT REQUIRED ..................................................................................................................... 466
7. INCREASE OR REDUCTION OF BAIL .......................................................................................................... 467
8. FORFEITURE AND CANCELLATION OF BAIL ............................................................................................... 467
9. APPLICATION NOT A BAR TO OBJECTIONS IN ILLEGAL ARREST, LACK OF OR IRREGULAR PRELIMINARY
INVESTIGATION .......................................................................................................................................... 469
G. ARRAIGNMENT AND PLEA ......................................................................................................................... 469
1. HOW MADE ............................................................................................................................................ 469
2. WHEN SHOULD PLEA OF NOT GUILTY BE ENTERED .................................................................................. 471
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3. WHEN MAY ACCUSED ENTER A PLEA OF GUILTY TO A LESSER OFFENSE ................................................... 472
4. ACCUSED PLEAD GUILTY TO CAPITAL OFFENSE, WHAT THE COURT SHOULD DO....................................... 473
5. SEARCHING INQUIRY ............................................................................................................................... 473
6. IMPROVIDENT PLEA ................................................................................................................................ 474
H. MOTION TO QUASH ................................................................................................................................... 476
1. GROUNDS ............................................................................................................................................... 477
2. DISTINGUISH FROM DEMURRER TO EVIDENCE ........................................................................................ 478
3. EFFECTS OF SUSTAINING THE MOTION TO QUASH................................................................................... 479
4. EXCEPTION TO THE RULE THAT SUSTAINING THE MOTION IS NOT A BAR TO ANOTHER PROSECUTION .... 480
5. DOUBLE JEOPARDY ................................................................................................................................. 480
6. PROVISIONAL DISMISSAL......................................................................................................................... 482
I. PRE-TRIAL.................................................................................................................................................... 484
1. MATTERS TO BE CONSIDERED DURING PRE-TRIAL ................................................................................... 484
2. WHAT THE COURT SHOULD DO WHEN PROSECUTION AND OFFENDED PARTY AGREE TO THE PLEA OFFERED
BY THE ACCUSED ........................................................................................................................................ 484
3. PRE-TRIAL AGREEMENT ........................................................................................................................... 486
4. NON-APPEARANCE DURING PRE-TRIAL .................................................................................................... 486
5. PRE-TRIAL ORDER.................................................................................................................................... 486
J. TRIAL .......................................................................................................................................................... 490
1. INSTANCES WHEN PRESENCE OF ACCUSED IS REQUIRED BY LAW............................................................. 493
2. REQUISITE BEFORE TRIAL CAN BE SUSPENDED ON ACCOUNT OF ABSENCE OF WITNESS .......................... 493
3. TRIAL IN ABSENTIA .................................................................................................................................. 495
4. REMEDY WHEN ACCUSED IS NOT BROUGHT TO TRIAL WITHIN THE PRESCRIBED PERIOD ......................... 496
5. REQUISITES FOR DISCHARGE OF ACCUSED TO BECOME A STATE WITNESS ............................................... 496
6. EFFECTS OF DISCHARGE OF ACCUSED AS STATE WITNESS ........................................................................ 497
7. DEMURRER TO EVIDENCE........................................................................................................................ 498
8. GUIDELINES ON CONTINUOUS TRIAL ....................................................................................................... 499
K. JUDGMENT ................................................................................................................................................ 503
1. REQUISITES OF A JUDGMENT .................................................................................................................. 503
2. CONTENTS OF JUDGMENT....................................................................................................................... 503
3. PROMULGATION OF JUDGMENT; INSTANCES OF PROMULGATION OF JUDGMENT IN ABSENTIA .............. 504
4. WHEN DOES JUDGMENT BECOME FINAL ................................................................................................. 505
L. NEW TRIAL OR RECONSIDERATION............................................................................................................. 507
1. GROUNDS FOR NEW TRIAL ...................................................................................................................... 507
2. GROUNDS FOR RECONSIDERATION ......................................................................................................... 507
3. REQUISITES BEFORE A NEW TRIAL MAY BE GRANTED ON GROUND OF NEWLY DISCOVERED EVIDENCE ... 508
4. EFFECTS OF GRANTING A NEW TRIAL OR RECONSIDERATION .................................................................. 508
M. APPEAL ..................................................................................................................................................... 509
1. EFFECT OF AN APPEAL ............................................................................................................................. 509
2. WHERE TO APPEAL .................................................................................................................................. 512
3. HOW APPEAL TAKEN ............................................................................................................................... 512
4. EFFECT OF APPEAL BY ANY OF SEVERAL ACCUSED ................................................................................... 512
5. GROUNDS FOR DISMISSAL OF APPEAL ..................................................................................................... 512
N. SEARCH AND SEIZURE ................................................................................................................................ 513
1. NATURE OF SEARCH WARRANT ............................................................................................................... 513
2. DISTINGUISH FROM WARRANT OF ARREST .............................................................................................. 514
3. APPLICATION FOR SEARCH WARRANT, WHERE FILED............................................................................... 514
4. PROBABLE CAUSE FOR ISSUANCE OF SEARCH WARRANT ......................................................................... 516
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5. PERSONAL EXAMINATION BY JUDGE OF THE APPLICANT AND WITNESS ................................................... 516

6. PARTICULARITY OF PLACE TO BE SEARCHED AND THINGS TO BE SEIZED................................................... 517
7. PERSONAL PROPERTY TO BE SEIZED ........................................................................................................ 517
8. EXCEPTIONS TO SEARCH WARRANT REQUIREMENT................................................................................. 519
9. REMEDIES FROM UNLAWFUL SEARCH AND SEIZURE................................................................................ 521
10. CYBERCRIME WARRANTS ...................................................................................................................... 521
O. PROVISIONAL REMEDIES ........................................................................................................................... 529
VIII. EVIDENCE ................................................................................................................................................... 532
A. GENERAL PRINCIPLES OF EVIDENCE ........................................................................................................... 534

1. CONCEPT OF EVIDENCE ........................................................................................................................... 534
2. SCOPE OF THE RULES OF EVIDENCE ......................................................................................................... 534
3. DISTINGUISH: PROOF AND EVIDENCE ...................................................................................................... 536
4. DISTINGUISH: FACTUM PROBANS AND FACTUM PROBANDUM ............................................................... 536
5. ADMISSIBILITY OF EVIDENCE ................................................................................................................... 536
6. BURDEN OF PROOF AND BURDEN OF EVIDENCE ...................................................................................... 543
7. PRESUMPTIONS ...................................................................................................................................... 544
8. CONSTRUCTION OF RULES OF EVIDENCE ................................................................................................. 554
9. QUANTUM OF EVIDENCE ........................................................................................................................ 554
B. JUDICIAL NOTICE AND ADMISSIONS .......................................................................................................... 557
1. WHAT NEED NOT BE PROVED .................................................................................................................. 557
2. MATTERS OF JUDICIAL NOTICE ................................................................................................................ 557
3. JUDICIAL ADMISSIONS............................................................................................................................. 563
C. OBJECT (REAL) EVIDENCE ........................................................................................................................... 565
1. NATURE OF OBJECT EVIDENCE ................................................................................................................ 565
2. REQUISITES OF ADMISSIBILITY................................................................................................................. 566
3. CATEGORIES OF OBJECT EVIDENCE .......................................................................................................... 567
4. CHAIN OF CUSTODY IN RELATION TO SEC. 21 OF THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
................................................................................................................................................................... 568
5. DNA EVIDENCE ........................................................................................................................................ 570
D. DOCUMENTARY EVIDENCE ........................................................................................................................ 572
1. MEANING OF DOCUMENTARY EVIDENCE ................................................................................................ 572
2. REQUISITES OF ADMISSIBILITY................................................................................................................. 573
3. ORIGINAL DOCUMENT RULE (FORMERLY THE BEST EVIDENCE RULE) ....................................................... 573
4. ELECTRONIC EVIDENCE............................................................................................................................ 579
5. PAROL EVIDENCE RULE............................................................................................................................ 583
6. AUTHENTICATION AND PROOF OF DOCUMENTS ..................................................................................... 589
E. TESTIMONIAL EVIDENCE............................................................................................................................. 595
1. QUALIFICATIONS OF A WITNESS .............................................................................................................. 595
2. DISQUALIFICATIONS OF A WITNESS ......................................................................................................... 595
3. EXAMINATION OF A WITNESS ................................................................................................................. 606
4. ADMISSIONS AND CONFESSIONS ............................................................................................................. 617
5. HEARSAY RULE ........................................................................................................................................ 626
6. OPINION RULE ........................................................................................................................................ 640
7. CHARACTER EVIDENCE ............................................................................................................................ 642
8. JUDICIAL AFFIDAVITS............................................................................................................................... 643
F. OFFER AND OBJECTION .............................................................................................................................. 646
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1. OFFER OF EVIDENCE ................................................................................................................................ 646

2. WHEN TO MAKE AN OFFER ..................................................................................................................... 646
3. OBJECTION.............................................................................................................................................. 647
4. REPETITION OF AN OBJECTION (CONTINUING OBJECTION) ...................................................................... 648
5. RULING ................................................................................................................................................... 648
6. STRIKING OUT OF AN ANSWER ................................................................................................................ 648
7. TENDER OF EXCLUDED EVIDENCE ............................................................................................................ 649
IX. REVISED RULES ON SUMMARY PROCEDURE ................................................................................................. 651
A. CASES COVERED BY THE RULE .................................................................................................................... 651

B. EFFECT OF FAILURE TO ANSWER ................................................................................................................ 652
C. PRELIMINARY CONFERENCES AND APPEARANCES OF PARTIES .................................................................. 652
D. PROHIBITED PLEADINGS AND MOTIONS.................................................................................................... 653
E. APPEAL ....................................................................................................................................................... 654
X. KATARUNGANG PAMBARANGAY................................................................................................................... 656
A. CASES COVERED......................................................................................................................................... 656

B. SUBJECT MATTER FOR AMICABLE SETTLEMENT ......................................................................................... 657
C. VENUE........................................................................................................................................................ 658
D. WHEN PARTIES MAY DIRECTLY GO TO COURT ........................................................................................... 659
E. EXECUTION................................................................................................................................................. 659
F. REPUDIATION ............................................................................................................................................. 659
XI. RULES OF PROCEDURE FOR SMALL CLAIMS CASES ........................................................................................ 662
A. SCOPE AND APPLICABILITY OF THE RULE ................................................................................................... 662

B. COMMENCEMENT OF SMALL CLAIMS ACTION; RESPONSE......................................................................... 664
C. PROHIBITED PLEADINGS AND MOTIONS .................................................................................................... 666
D. APPEARANCES ........................................................................................................................................... 666
E. HEARING; DUTY OF THE JUDGE .................................................................................................................. 667
F. FINALITY OF JUDGMENT ............................................................................................................................. 667
XII. RULES OF PROCEDURE FOR ENVIRONMENTAL CASES (AM No. 09-6-8-SC) ................................................... 669
A. SCOPE AND APPLICABILITY OF THE RULE ................................................................................................... 669

B. CIVIL PROCEDURE ...................................................................................................................................... 670
1. PROHIBITION AGAINST TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION .................... 670
2. PRE-TRIAL CONFERENCE; CONSENT DECREE ............................................................................................ 670
3. PROHIBITED PLEADINGS AND MOTIONS .................................................................................................. 670
4. TEMPORARY ENVIRONMENTAL PROTECTION ORDER (Rule 2, Sec. 8) ....................................................... 671
5. JUDGMENT AND EXECUTION; RELIEFS IN A CITIZEN’S SUIT....................................................................... 671
6. PERMANENT ENVIRONMENTAL PROTECTION ORDER; WRIT OF CONTINUING MANDAMUS ..................... 671
7. STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION ............................................................................ 671
C. SPECIAL PROCEEDINGS............................................................................................................................... 672
1. WHAT IS A WRIT OF KALIKASAN .............................................................................................................. 672
2. PROHIBITED PLEADINGS AND MOTIONS .................................................................................................. 674
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3. WHAT DISCOVERY MEASURES ARE AVAILABLE TO THE PARTIES? ............................................................. 674

4. WHAT IS A WRIT OF CONTINUING MANDAMUS? ..................................................................................... 675
D. CRIMINAL PROCEDURE .............................................................................................................................. 677
1. WHO MAY FILE........................................................................................................................................ 677
2. INSTITUTION OF CRIMINAL AND CIVIL ACTION ........................................................................................ 677
3. ARREST WITHOUT WARRANT, WHEN VALID ............................................................................................ 677
4. PROCEDURE IN THE CUSTODY AND DISPOSITION OF SEIZED ITEMS.......................................................... 677
5. BAIL ........................................................................................................................................................ 678
6. ARRAIGNMENT AND PLEA ....................................................................................................................... 678
7. PRE-TRIAL ............................................................................................................................................... 678
8. SUBSIDIARY LIABILITIES ........................................................................................................................... 679
E. EVIDENCE ................................................................................................................................................... 679
1. PRECAUTIONARY PRINCIPLE .................................................................................................................... 679
2. DOCUMENTARY EVIDENCE ...................................................................................................................... 680
XIII. ALTERNATIVE DISPUTE RESOLUTION .......................................................................................................... 682
A. TYPES OF PROCESSES AND PROCEDURES IN ALTERNATIVE DISPUTE RESOLUTION ..................................... 682

B. DOMESTIC ARBITRATION ........................................................................................................................... 685
C. JUDICIAL REVIEW OF ARBITRAL AWARDS................................................................................................... 688
D. APPEAL FROM COURT DECISIONS ON ARBITRAL AWARDS ........................................................................ 690
E. VENUE AND JURISDICTION ......................................................................................................................... 691
F. SPECIAL RULES ON COURT ALTERNATIVE DISPUTE RESOLUTION ................................................................ 691
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GENERAL
PRINCIPLES
Remedial Law
ATENEO CENTRAL
I. GENERAL PRINCIPLES A. SUBSTANTIVE LAW AS

DISTINGUISHED FROM REMEDIAL LAW
TOPIC OUTLINE UNDER THE SYLLABUS:
Remedial Law
I. GENERAL PRINCIPLES It is a branch of law that prescribes the methods of
A. DISTINGUISH: SUBSTANTIVE LAW AND enforcing rights and obligations created by
REMEDIAL LAW substantive law. It provides a procedural system
B. RULE-MAKING POWER OF THE SUPREME for obtaining redress for the invasion of rights and
COURT violations of duties. It also prescribes rules as to
1. Limitations on the rule-making power of the how suits are filed, tried and decided upon by the
Supreme Court courts. (Bustos v. Lucero, G.R. No. L-2068, 1948)
2. Power of the Supreme Court to amend and
suspend procedural rules Major Aspects:
C. NATURE OF PHILIPPINE COURTS Civil Procedure;
1. Meaning of a court Criminal Procedure;
2. Distinguish: court and judge Special Proceedings;
3. Classification of Philippine courts Evidence. (RIANO, 2019, p. 2).
4. Courts of original and appellate jurisdiction
5. Courts of general and special jurisdiction
Retroactive Application of Procedural Rules to
6. Constitutional and statutory courts
Pending Actions; Exception
7. Courts of law and equity
The retroactive application of procedural laws
8. Principle of judicial hierarchy
9. Doctrine of non-interference or doctrine of does not violate any personal rights because no
judicial stability vested rights may attach to nor rise therefrom. (In
the Matter to Declare in Contempt of Court Hon.
Simeon Datumanong, G.R. No. 150274, 2006).
Retroactive application does not apply when the

statute itself expressly or impliedly provides that
pending actions are excepted from its operation,
or when applying it to pending proceedings would
impair vested rights. Under appropriate
circumstances, courts may deny the retroactive
application of procedural laws in the event that it
would not be feasible or would work injustice. (Tan
v. CA, G.R. No. 136368, 2002).
Substantive Law vs. Remedial Law
SUBSTANTIVE LAW REMEDIAL LAW
Substantive law is Remedial law

that part of the law prescribes the
which creates, method of enforcing
defines, and rights or obtaining
regulates rights, or redress for their
which regulates the invasions.
rights and duties (Primicias v. Ocampo,
which give rise to a G.R. No. L-6120,
cause of action 1953)
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(Bustos v. Lucero, a. The rules shall provide a simplified and

G.R. No. L-2068, inexpensive procedure for the speedy
1948) disposition of cases;
Makes vested rights No vested rights may b. The rules shall be uniform for courts of the same
possible. (Fabian v attach to nor arise grade; and
Desierto, G.R. therefrom (Go v. c. The rules shall not diminish, increase, or modify
129742, 1998) Sunbanun, G.R. No. substantive rights. (PHIL. CONST. art. VIII, § 5)
168240, 2011)
Prospective in Retroactive in 2. POWER OF THE SUPREME COURT TO
application. (Spouses application. (Calacala AMEND AND SUSPEND PROCEDURAL
Tirona v Alejo, G.R. v. Republic, G.R. No. RULES
129313, 2001) 154415, 2005)
Power to Amend Procedural Rules
Originates from the Does not originate
The Supreme Court has the power to amend,
legislature, and it is from the legislature,
repeal, or even establish new rules for a more
not embraced by the but has the force and
simplified and inexpensive process, and the
rule-making power of effect of law if not in
speedy disposition of cases. (Neypes v Court of
the Supreme Court conflict with
Appeals, G.R. No. 141524, 2005).
(Primicias v Ocampo, substantive law.
G.R. L-6120, 1953) (Alvero v. De La
Power to Relax/Suspend Procedural Rules
Rosa, G.R. No. L-286,
The Supreme Court’s constitutional power to
1946)
promulgate rules of practice and procedure and to
amend or repeal the same necessarily carries with
it the power to overturn judicial precedents on
B. RULE-MAKING POWER OF points of remedial law through the amendment of
THE SUPREME COURT the Rules of Court. (Pinga v. Heirs of Santiago,
G.R. No. 170354, 2006).
Power to Promulgate Procedural Rules
The Supreme Court shall have the power to Compliance with the procedural rules is the
promulgate rules concerning the protection and general rule, and abandonment thereof should
enforcement of constitutional rights, pleading, only be done in the most exceptional
practice, and procedure in all courts, the circumstances. (Pilapil v. Heirs of Briones, G.R.
admission to the practice of law, the Integrated No. 150175, 2007).
Bar, and legal assistance to the under-privileged.
(PHIL. CONST. art. VIII, §5[5]) The courts have the power to relax or suspend
technical or procedural rules, or to except a case
Separation of Powers from their operation when compelling reasons so
The 1987 Constitution took away the power of the warrant or when the purpose of justice requires it;
Congress to repeal, alter, or supplement rules what constitutes good and sufficient cause that
concerning pleading, practice, and procedure. In would merit suspension of the rules is
fine, the power to promulgate rules is no longer discretionary upon the courts. (Commissioner of
shared by the Supreme Court with Congress, Internal Revenue v. Migrant Pagbilao Corporation,
more so with the executive. (Echegaray v G.R. No. 159593, 2006)
Secretary of Justice, 301 SCRA 96)
The power to suspend or even disregard rules can
1. LIMITATIONS ON THE RULE-MAKING be so pervasive and compelling as to alter even
POWER OF THE SUPREME COURT that which the Court itself had already declared to
be final. (Apo Fruits Corporation v. Land Bank of
the Philippines, G.R. No. 164195, Oct. 12, 2010).
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Reasons That Would Warrant the Suspension C. NATURE OF PHILIPPINE COURTS

of the Rules:
1. Most persuasive and weighty reasons; 1. MEANING OF A COURT
2. To relieve a litigant from an injustice not
commensurate with his failure to comply with It is an organ of the government belonging to the
the prescribed procedure; judicial department, the function of which is the
3. Good faith of the defaulting party by immediately application of the laws to controversies brought
payment within a reasonable time from the time before it as well as the public administration of
of the default; justice. (Black’s, 5th Edition, p. 356, see RIANO,
4. The existence of special or compelling 2019, p. 27).
circumstances;
5. The merits of the case; Judicial Power
6. A cause not entirely attributable to the fault or It includes the duty of the courts of justice:
negligence of the party favored by the 1. To settle actual controversies involving rights,
suspension of the Rules; which are legally demandable and enforceable;
7. A lack of any showing that the review sought is and
merely frivolous and dilatory; 2. To determine whether or not there has been
8. The other party will not be unjustly prejudiced grave abuse of discretion amounting to lack or
thereby; excess of jurisdiction on the part of any branch
9. Fraud, accident, mistake, or excusable or instrumentality of the Government. (PHIL.
negligence without appellant's fault; CONST. art. VIII, § 1).
10. Peculiar legal and equitable circumstances
attendant to each case; The Supreme Court’s power of judicial review is
11. In the name of substantial justice and fair play; limited to actual cases and controversies. There is
12. Importance of the issues involved; and an actual case or controversy when the case
13. Exercise of sound discretion by the judge presents conflicting or opposite legal rights that
guided by all the attendant circumstances. may be resolved by the court in a judicial
(Labao v. Flores, G.R. No. 187984, Nov. 11, proceeding. A case becomes moot and academic
2010) when, by virtue of supervening events, the
conflicting issue that may be resolved by the court
Power to Discipline Judiciary Employees for ceases to exist. There is no longer any justiciable
Non-Compliance with Rules and Regulations controversy that may be resolved by the court.
The Supreme Court is given exclusive (Republic of the Philippines v. Moldex Realty Inc.,
administrative supervision over all courts and GR No. 171041, 2016)
judicial personnel. Only the Supreme Court can
2. DISTINGUISH: COURT AND JUDGE
oversee the judges’ and court personnel’s
compliance with all laws, rules and regulations. No
other branch of government may intrude into this COURT JUDGE
power, lest it violates the doctrine of separation of A tribunal officially An officer of such
powers. (PHIL. CONST. art. VIII, § 6) assembled under tribunal
authority of law;
Administrative jurisdiction over a court employee
belongs to the Supreme Court, regardless of An organ of the Person who sits on the
whether the offense was committed before or after government with a court
employment in the judiciary. (Sarah Ampong v. personality separate &
CSC, GR No. 167916, Aug. 26, 2008) distinct from the judge
A being in imagination A natural person

comparable to a
corporation
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An office A public officer instance must nevertheless proceed by trial de

novo. Conversely, as long as the records are taken
(RIANO, 2019, p. 28) of the trial, these records may be the basis of the
review and decision of the appellate court,
The continuity of a court and the efficacy of its notwithstanding that the inferior court is not a court
proceedings are not affected by the death, of record. (Ramirez v. Court of Appeals, G.R. No.
resignation, or cessation from the service of the L-33300, Oct. 22, 1975)
judge presiding over it. In other words, the judge
may resign, become incapacitated, or be Note: R.A. No. 6031 mandates all Municipal Trial
disqualified to hold office, but the court Courts to be courts of record.
remains. (ABC Davao Auto Supply, Inc. v Court of
Appeals, G.R. No. 113296, Jan. 16, 1998) Criminal Court and Civil Court
CRIMINAL COURT CIVIL COURT
3. CLASSIFICATION OF PHILIPPINE
COURTS Those which Those which
adjudicate offenses determine
Superior and Inferior Courts alleged to have been controversies between
SUPERIOR COURT INFERIOR COURT committed against the private persons. (21
State (21 CJS, Courts, CJS, Courts, Sec. 4)
Superior courts are Inferior courts are Sec. 4)
courts with controlling those which are
authority over some subordinate to other 4. COURTS OF ORIGINAL AND APPELLATE
other court or courts, courts and whose JURISDICTION
and with certain original judgments and
jurisdiction of its decrees can be
APPELLATE
own. (RIANO, 2019, p. reviewed by the ORIGINAL COURT
COURT
24) higher tribunals.
(RIANO, 2019, p. 24) Actions or proceedings Has the power of
are originally filed with review over the
These are courts which These are courts, in
it. decisions or orders of
have the power of relation to a superior
a lower court.
review or supervision court, which are
over lower courts (1 lower in rank and (21 CJS, Courts, Sec. 3)
REGALADO, p. 1). subject to review and
supervision by the Metropolitan Trial Courts, Municipal Trial Courts,
latter (1 REGALADO, and Municipal Circuit Trial Courts are courts of
p. 1). original jurisdiction. The Regional Trial Court,
Court of Appeals, and the Supreme Court are both
courts of original and appellate jurisdiction.
Courts of Record and Not of Record.
(RIANO, 2019, pp. 25-26)
Court of record are those which are bound to
keep a record of their proceedings for a perpetual
Note: The Supreme Court En Banc is not an
memorial and testimony thereof. (Melgar v.
appellate court to which decisions or resolutions
Delgado, G.R. No. 30892, Jul. 22, 1929) A court
of a division of the Supreme Court may be
not of record is one which does not keep written
appealed. (Id.)
accounts of its proceedings.
Even if an inferior court has already been officially

declared a court of record, but if for one reason or
another, no record of its proceedings has actually
been taken in a given case, the appeal in such an
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5. COURTS OF GENERAL AND SPECIAL (RIANO, 2019, p. 23).

JURISDICTION
7. COURTS OF LAW AND EQUITY
COURTS OF
COURT OF SPECIAL Courts of Law and Equity, Defined
GENERAL A court of law is any tribunal duly administering
JURISDICTION
JURISDICTION the laws of the land. (US v. Tamparong, G.R. No.
Those with Those which have L-9527, Aug. 23, 1915).
competence to decide jurisdiction only for a
on their own particular purpose, or A court of equity is one when the Court relaxes
jurisdiction and take are clothed with the strict application of the rules where strong
cognizance of all special powers for the considerations of justice are manifest. (Lefebre v
cases, whether civil performance of A Brown Company, G.R. 224973, Sep. 27, 2017).
and criminal, of a specified duties
particular nature. (21 beyond which they Philippine courts are both courts of law and equity.
CJS Courts, Sec. 3) have no authority of (US v. Tamparong, G.R. No. L-9527, Aug. 23,
any kind (21 CJS 1915)
Courts, Sec. 3)
Equity and Equity Jurisdiction Defined
It has the competence These are tribunals Equity is justice outside legality. (Ocampo v
to exercise jurisdiction exercising limited Enriquez (Resolution), G.R. 225973, Aug. 8,
over cases not falling jurisdiction over 2017).
within the jurisdiction particular or
of any court, tribunal, specialized categories Equity jurisdiction is the power of the court to
person, or body of actions, e.g., Family resolve issues presented in a case, in accordance
exercising judicial or Courts, Commercial with the natural rules of fairness and justices, and
quasi-judicial Courts, Court of Tax in the absence of a clear positive law governing
functions, i.e., the Appeals, such issues (RIANO, 2019, p. 16-17), and must
RTC. (Sec. 19[6] and Sandiganbayan. (Re: always be anchored on the basic consideration
20, BP 129) Problem of Delays in that the same must be warranted by the
Cases Before the circumstances obtaining in the case. (Visayan
Sandiganbayan, A.M. Electric Co. Employees Union-ALU-TUCP v.
No. 00-8-05-SC Visayan Electric Co., Inc., G.R. No. 205575, Jul.
(Resolution), Nov. 28, 22, 2015)
2001)
Equity jurisdiction is based on the rule of liberality
6. CONSTITUTIONAL AND STATUTORY in the interpretation of the Rules to achieve
COURTS substantial justice.
CONSTITUTIONAL When Equity Does Not Apply

STATUTORY COURT a. When there is a law applicable to a given case
COURT
(Smith Bell Co. v. CA, 267 SCRA 530);
One created by a One created by a law b. When there is a judicial pronouncement
direct constitutional other than the available to the issue (RIANO, p. 17); or
provision. constitution. c. When the one seeking its active interposition
has been guilty of unlawful or inequitable
In the Philippines, only All courts in the conduct in the matter with relation to which he
the Supreme Court is Philippines, except the seeks relief. (Manotok IV v. Heirs of Barque,
a constitutional court. Supreme Court, are G.R. Nos. 162335 & 16260 (Resolution), Dec.
(PHIL. CONST., art. 8, statutory courts. 18, 2008)
Sec. 1)
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8. PRINCIPLE OF JUDICIAL HIERARCHY c. When demanded by the broader interest of

justice;
Doctrine of Hierarchy of Courts d. When the challenged orders were patent
Under the principle of hierarchy of courts, direct nullities;
recourse to the Supreme Court is improper e. When analogous exceptional and compelling
because this Court is a court of last resort and circumstances called for and justified our
must remain to be so in order for it to satisfactorily immediate and direct handling of the case (for
perform its constitutional functions, thereby a-e, Republic v. Caguioa, G.R. No. 174385,
allowing it to devote its time and attention to 2013);
matters within its exclusive jurisdiction and f. When there are genuine issues of
preventing the overcrowding of its docket. (Dy v. constitutionality that must be addressed at the
Bibat-Palamos, G.R. No. 196200, 2013) most immediate time (The Diocese of Bacolod
v. Commission on Elections, G.R. 205728,
The judicial system follows a ladderized scheme 2015);
which, in essence, requires that lower courts g. When the issues raised are of transcendental
initially decide on a case before it is considered by importance. (Rama v Moises, G.R. 197146,
a higher court. This means that a higher court will 2017)
not entertain direct resort to it unless the redress
cannot be obtained in the appropriate courts 9. DOCTRINE OF NON-INTERFERENCE OR
below. (Capalla v. Commission on Elections, G.R. DOCTRINE OF JUDICIAL STABILITY
Nos. 201112, June 13, 2012)
General Rule
The doctrine of hierarchy of courts finds This principle holds that courts of equal and
application where courts have concurrent coordinate jurisdiction cannot interfere with each
jurisdiction – that which is exercised by different other’s orders. (Lapu-lapu Development and
courts over the same subject matter. (Unduran v Housing Corp v. Group Management Corp, G.R.
Aberasturi, G.R. 181284, 2017) This concurrence No. 141407, 2002).
of jurisdiction is not, however, to be taken as
according to parties seeking any of the writs an Hence, a Regional Trial Court has no power or
absolute, unrestrained freedom of choice of the authority to nullify or enjoin the enforcement of a
court to which application therefor will be directed. writ of possession issued by another Regional
A becoming regard for that judicial hierarchy most Trial Court. (Suico Industrial Corporation v. Court
certainly indicates that petitions for the issuance of of Appeals, G.R. No. 123050, 1999).
extraordinary writs against first level ("inferior")
courts should be filed with Regional Trial Court, The principle also bars a court from reviewing or
and those against the latter, with the Court of interfering with the judgment of a co-equal court
Appeals. (Tolentino v. People, G.R. No. 170396, over which it has no appellate jurisdiction or power
Aug. 31, 2006) of review. (Villamor v. Salas, G.R. No. L-101041,
1991).
Exceptions to the Doctrine
A direct invocation of the Supreme Court’s original This doctrine applies with equal force to
jurisdiction to issue a writ of certiorari should be administrative bodies; when the law provides for
allowed only when there are special and important an appeal from the decision of an administrative
reasons, clearly and specifically set out in the body to the Supreme Court or Court of Appeals, it
petition. (First United v. Poro Point, GR No. means that such body is co-equal with the
178799, 2009) These cases are: Regional Trial Court in terms of rank and stature,
a. When special and important reasons are and logically beyond the control of the latter
clearly stated in the petition; (Philippine Sinter Corporation v. Cagayan Electric
b. When dictated by public welfare and the Power and Light Co., Inc., G.R. No. 127371,
advancement of public policy; 2002).
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Exceptions to the Doctrine

The doctrine of judicial stability does not apply:
1. Where a third-party claimant is involved (Santos
v. Bayhon, G.R. No. 88643, 1991);
2. Execution through a separate action (Rule 39,
Sec. 16);
3. Preliminary Attachment (Rule 57, Sec. 14);
4. Replevin, through intervention, since the main
action is still pending (Rule 60, Sec. 7).
————- end of topic ————-
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JURISDICTION
Remedial Law
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II. JURISDICTION SUMMARY PROCEDURE AND BARANGAY

CONCILIATION
H. HOW JURISDICTION IS DETERMINED
II. JURISDICTION
A. CLASSIFICATION OF JURISDICTION
1. Distinguish: original and appellate
2. Distinguish: general and special
3. Distinguish: exclusive and concurrent
B. DOCTRINE OF HIERARCHY OF COURTS
AND CONTINUITY OF JURISDICTION
C. JURISDICTION OF VARIOUS PHILIPPINE
COURTS
1. Supreme Court
2. Court of Appeals
3. Court of Tax Appeals
4. Sandiganbayan
5. Regional Trial Courts
6. Family Courts
7. Metropolitan Trial Courts, Municipal Trial
Courts, Municipal Trial Courts in Cities,
Municipal Circuit Trial Courts
D. ASPECTS OF JURISDICTION
1. Jurisdiction over the parties
a. How jurisdiction over the plaintiff is
acquired
b. How jurisdiction over the defendant is
acquired
2. Jurisdiction over the subject matter
a. Meaning of jurisdiction over the subject
matter
b. Distinguish: jurisdiction and exercise of
jurisdiction
c. How jurisdiction is conferred and
determined
d. Distinguish: doctrine of primary
administrative jurisdiction and doctrine
of exhaustion of administrative
remedies
e. Doctrine of adherence of jurisdiction
f. Objections to jurisdiction over the
subject matter
g. Effect of estoppel on objection to
jurisdiction
3. Jurisdiction over the issues
4. Jurisdiction over the res or property in
litigation
5. Jurisdiction over the remedies
E. DISTINGUISH: ERROR OF JURISDICTION
AND ERROR OF JUDGMENT
F. DISTINGUISH: JURISDICTION AND VENUE
G. JURISDICTION OVER SMALL CLAIMS,
CASES COVERED BY THE RULES ON
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A. CLASSIFICATION OF JURISDICTION Where there is concurrence of jurisdiction, the

court first taking cognizance of the case assumes
Definition of Jurisdiction jurisdiction to the exclusion of others. (RIANO,
The power and authority of the court to hear, try, 2019, p. 27).
and decide a case. (Cuenca v. PCGG, G.R. No.
159104-05, 2007)
It also includes the authority of the court to execute B. DOCTRINES OF HIERARCHY OF

its decisions. The power to control the execution COURTS AND CONTINUITY OF
of the decision of the court is an essential aspect JURISDICTION
of jurisdiction. (Echegaray v. Secretary of Justice,
G.R. 132601, Jan. 19, 1999) (ADHERENCE OF JURISDICTION)
It is not the authority of the judge, but of the court. Doctrine of Hierarchy of Courts
(ABC Davao v. Auto Supply, G.R. No. 113296, See previous discussion on Hierarchy of Courts.
1998)
Continuity of Jurisdiction/Adherence of
Four Concepts of Jurisdiction Jurisdiction
1. Jurisdiction over the Subject Matter; Once jurisdiction has attached, it cannot be ousted
2. Jurisdiction over the Parties; by subsequent happenings or events, although the
3. Jurisdiction over the Issues; and event is of such character which would have
4. Jurisdiction over the Res. (Boston Equity prevented jurisdiction from attaching in the first
Resources, Inc. v. CA, G.R. No. 173946, Jun. 19, instance. Once jurisdiction has been acquired by
2013). the court, it retains that jurisdiction until it finally
disposes of the case (Baritua v. Mercader, G.R.
1. DISTINGUISH: ORIGINAL AND No. 136048, 2001).
APPELLATE
General Rule: A law enacted during the pendency
See above discussion on Original vs. Appellate of a case which transfers jurisdiction to another
Jurisdiction. court does not affect cases prior to its enactment.
2. DISTINGUISH: GENERAL AND SPECIAL Exceptions:

1. When the new law expressly provides for
See above discussion on General vs. Special
retroactive application;
Jurisdiction.
2. When the change of jurisdiction is curative in
3. DISTINGUISH: EXCLUSIVE AND character (Vda. de Ballesteros v. Rural Bank of
CONCURRENT Canaman, G.R. No. 176250, 2010).
Applications of the Doctrine

EXCLUSIVE CONCURRENT
1. Jurisdiction of the court is not lost by the mere
Jurisdiction which fact that a judge ceases to be in office (Victory
precludes the idea of Jurisdiction which is Liner v. Belosillo, A.M. No. MTJ-00-1321, Mar.
co-existence and held by different courts 10, 2004);
refers to jurisdiction to to take cognizance of 2. Retirement of the public official during the
the exclusion of the same subject pendency of an administrative case does not
others. matter. render the case moot and academic (Office of
the Ombudsman v. Dechaves, G.R. No.
176702, Nov. 13, 2013);
(RIANO, 2019, p. 26) 3. Finality of the judgment does not deprive the
court of its jurisdiction over the case, as it
retains the jurisdiction to enforce and execute
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it. What is lost is the power to amend, modify, legislation. (Atlas Fertilizer v. Navarro, G.R. No.
or alter the judgment. (Echegaray v. Secretary 72074, 1987)
of Justice, G.R. 132601, Jan. 19, 1999).
The courts acquire jurisdiction over a case only
C. JURISDICTION OF VARIOUS upon payment of the prescribed docket fee.
PHILIPPINE COURTS (Pacific Redhouse Corp v. EIB Securities, G.R.
No. 184036, 2010)
General Rule
The jurisdiction of the court is determined by the
statute in force at the time of the commencement
of the action. (Narra Nickel Mining v. Redmont,
G.R. No. 195580, 2014)
Exception
Unless such statute provides for its retroactive
application, such as where it is a curative
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1. SUPREME COURT
(a) ORIGINAL JURISDICTION
i. Original and Exclusive

(FERIA, 2013, p.167-168)
Petitions for the issuance of writs of certiorari, prohibition and mandamus against:
1. Court of Appeals.
2. Commission on Elections.
3. Commission on Audit.
4. Sandiganbayan.
5. Court of Tax Appeals.
ii. Original and Concurrent

(FERIA, 2013, p.168-172)
1. With the CA 1. Petitions for the issuance of writs of certiorari, prohibition and mandamus
against:
a. National Labor Relations Commission (NLRC);
b. Civil Service Commission (CSC);
c. Quasi-Judicial Agencies;
d. RTC and lower courts.
2. Petitions for the issuance of a writ of kalikasan.
NOTE: This is subject to the doctrine of hierarchy of courts.
2. With the CA, SB 1. Petition for writ of amparo;

and RTC 2. Petition for writ of habeas data.
NOTE: For a petition for a writ of habeas data, the action may be filed with the
Sandiganbayan when the action concerns public data files of government
offices.
3. With the CA and 1. Petitions for habeas corpus and quo warranto;
RTC 2. Petitions for the issuance of writs of certiorari, prohibition and mandamus
against lower courts or bodies;
3. Petitions for the issuance of writ of continuing mandamus in environmental
cases.
4. With the RTC Actions affecting ambassadors, other public ministers and consuls.
NOTE: Under R.A. 10660, Sandiganbayan has jurisdiction in criminal cases

involving “officials of the diplomatic service occupying the position of consul and
higher”
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(b) APPELLATE JURISDICTION
1. Appeal by Notice of In criminal cases where:

Appeal 1. The CA renders a judgment imposing reclusion perpetua, life
imprisonment, or a lesser penalty, the judgment is appealable to the
Supreme Court by notice of appeal filed with the CA. (Sec. 13 (c), Rule
124, as amended; Dungo v. People, G.R. No. 209464, Jul. 1, 2015).
2. The Sandiganbayan decides a case in the exercise of its original
jurisdiction; the notice of appeal shall be filed with the Sandiganbayan and
served upon the adverse party. (Sec. 1(a), Rule XI, 2018 Revised Internal
Rules of the Sandiganbayan).
2. Appeal by Certiorari In civil cases involving:

/ Petition for Review 1. Appeals from the Regional Trial Court, in the exercise of its original
on Certiorari (Rule jurisdiction, involving pure questions of law;
45) 2. Appeals from the following, involving questions of law, fact, or both:
a. Court of Appeals;
b. Court of Tax Appeals, en banc; and
c. Sandiganbayan (Sec. 1(a), Rule XI, 2018 Revised Internal Rules of the
Sandiganbayan)
3. Appeals in the following cases involving questions of law, fact, or both:
a. Petition for a writ of amparo (Sec. 19, The Rule on the Writ of Amparo);
b. Petition for a writ of kalikasan (Sec. 16, The Rules of Procedure in
Environmental Cases
c. Petition for a writ of habeas data. (Sec. 19, The Rule on the Writ of
Habeas Data)
In criminal cases where:

1. The Court of Appeals renders a judgment imposing reclusion perpetua, life
imprisonment, or a lesser penalty, and the appeal raises pure questions
of law. (Dungo v. People, G.R. No. 209464, Jul. 1, 2015);
2. The Sandiganbayan decides a case in the exercise of its appellate
jurisdiction, involving pure questions of law, fact or both. (Sec. 1(a), Rule
XI, 2018 Revised Internal Rules of the Sandiganbayan).
3. Special Civil Action Decision, order or ruling of:

of Certiorari within 1. Commission on Elections;
30 days (Rule 64) 2. Commission on Audit.
4. Appeal by In criminal cases:

Automatic Review 1. Whenever the CA finds that the penalty of death should be imposed, the
CA shall render judgment but refrain from making an entry of judgment and
forthwith certify the case and elevate its entire record to the Supreme Court
for review. (Sec. 13(a), Rule 124, as amended);
2. Where the judgment of the CA also imposes a lesser penalty for offenses
committed on the same occasion or which arose out of the same
occurrence that gave rise to the more severe offense for which the penalty
of death is imposed, and the accused appeals, the appeal shall be included
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in the case certified for review to the Supreme Court. (Sec. 13(b), Rule 124,
as amended);
3. Whenever the Sandiganbayan, in the exercise of its original jurisdiction,
imposes the death penalty, the records of the case, together with the
stenographic notes, shall be forwarded to the SC for automatic review and
judgment. (Sec. 1(b), Rule XI, 2018 Revised Internal Rules of the
Sandiganbayan).
2. COURT OF APPEALS

(FERIA, 2013, p.182-184)
Actions for annulment of judgments of the RTC on the grounds of extrinsic fraud and lack of jurisdiction.

(FERIA, 2013, p.182-184)
1. With the SC 1. Petitions for the issuance of writs of certiorari, prohibition and mandamus
against:
a. NLRC;
b. CSC;
c. Quasi-Judicial Agencies;
d. RTC and lower courts.
2. Petitions for the issuance of a writ of kalikasan.
NOTE: This is subject to the doctrine of hierarchy of courts.
2. With the SC, SB, 1. Petition for writ of amparo;

and RTC 2. Petition for writ of habeas data.
NOTE: For a petition for a writ of habeas data, the action may be filed with the
Sandiganbayan when the action concerns public data files of government
offices.
3. With the SC and 1. Petitions for habeas corpus and quo warranto;
RTC 2. Petitions for the issuance of writs of certiorari, prohibition and mandamus
against lower courts or bodies;
3. Petitions for the issuance of writ of continuing mandamus in environmental
cases.
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(FERIA, 2013, p.184-189)
i. Exclusive Appellate
1. Ordinary Appeal by Appeals from:

Notice of Appeal or 1. RTC in the exercise of its original jurisdiction, except in all cases where
Record on Appeal only questions of law are raised or involved, which are appealable to the
SC by petition for review on certiorari in accordance with Rule 45;
2. RTC on constitutional and jurisdictional questions which involve questions
of fact;
3. Family Courts.
In criminal cases when:

1. RTC decides a case in the exercise of its original jurisdiction; and
2. RTC imposes penalty of reclusion perpetua or life imprisonment, or where
lesser penalty is imposed but for offenses committed on the same occasion
or which arose out of the same occurrence that gave rise to the more
serious offense for which death, reclusion perpetua or life imprisonment is
imposed, appeal shall be by notice of appeal to the CA. (Sec. 3 (a) & (c),
Rule 122).
2. Appeal by Petition An appeal may be taken to the CA whether the appeal involves questions of
for Review fact, mixed questions of fact and law, or questions of law, in the following
cases:
Regular
1. Appeals from RTC in the exercise of its appellate jurisdiction.
Special
1. Appeals from CSC;
2. Appeals from Quasi-Judicial Agencies;
3. Securities and Exchange Commission;
4. Office of the President;
5. Land Registration Authority;
6. Social Security Commission;
7. Civil and Aeronautics Board;
8. Intellectual Property Office;
9. National Electrification Administration;
10. Energy Regulatory Commission;
11. National Telecommunications Commission;
12. Department of Agrarian Reform under RA 6657;
13. Government Service Insurance System;
14. Employees’ Compensation Commission;
15. Insurance Commission;
16. Philippine Atomic Energy Commission;
17. Board of Investments;
18. Construction Industry Arbitration Commission;
19. Voluntary Arbitrators authorized by law;
20. Ombudsman, in administrative disciplinary cases;
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21. National Commission on Indigenous Peoples;
From the judgments or final orders or resolutions of the CA, the aggrieved party
may appeal by certiorari to the SC as provided in Rule 45.
Judgments and final orders of the CTA en banc are now appealable to the SC
through a petition for review under Rule 45, pursuant to RA 9282.
3. Appeal by Automatic If RTC imposes death penalty, no notice of appeal is necessary; CA will
Review automatically review the judgment. (Sec. 3(d), Rule 122).
3. COURT OF TAX APPEALS (RA 9282)
(A) EXCLUSIVE APPELLATE JURISDICTION (BY APPEAL):
1. Decisions from the COMMISSIONER OF INTERNAL REVENUE

 in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges,
penalties in relation thereto, or other matters arising under the National Internal Revenue Code
(NIRC) or other laws administered by the Bureau of Internal Revenue (BIR).
2. Inaction by the COMMISSIONER INTERNAL REVENUE
 in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges,
penalties in relation thereto, or other matters arising under the NIRC or other laws administered
by the BIR, where the NIRC provides a specific period of action, in which case the inaction shall
be deemed a denial.
3. Decisions, orders or resolutions of REGIONAL TRIAL COURTS
 in local tax cases originally decided or resolved by them in the exercise of their original and
appellate jurisdiction.
4. Decisions of the COMMISSIONER OF CUSTOMS
 in cases involving liability for custom duties, fees or other money charges, seizure, detention or
release of property affected, fines, forfeitures or other penalties in relation thereto, or other matters
arising under the Customs Law or other laws administered by the Bureau of Customs.
5. Decisions of the CENTRAL BOARD OF ASSESSMENT APPEALS in the exercise of its appellate
jurisdiction
 over cases involving the assessment and taxation of real property originally decided by the
provincial or city board of assessment appeals.
6. Decisions of the SECRETARY OF FINANCE
 on customs cases elevated to him/her automatically for review from decisions of the Commissioner
of Customs which are adverse to the Government under Section 2315 of the Tariff and Customs
Code.
7. Decisions of the SECRETARY OF TRADE AND INDUSTRY
 in the case of non-agricultural product, commodity or article; and
8. Decisions of the SECRETARY OF AGRICULTURE
 in the case of agricultural product, commodity or article involving dumping and countervailing
duties under Sections 301 and 302, respectively, of the Tariff and Customs Code and safeguard
measures under the RA 8800, where either party may appeal the decision to impose or not to
impose said duties.
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(b) CRIMINAL CASES
1. Exclusive Original Criminal cases arising from violations of the:

Jurisdiction 1. National Internal Revenue Code.
2. Tariff and Customs Code.
3. Other laws administered by the BIR or the Bureau of Customs.
Provided, however, that offenses or felonies mentioned in this paragraph

where the principal amount of taxes and fees, exclusive of charges and
penalties, claimed in less than P1M or where there is no specified amount
claimed shall be tried by the regular courts and the jurisdiction of the CTA shall
be appellate.
Any provision of law or the Rules of Court to the contrary notwithstanding, the
criminal action and the corresponding civil action for the recovery of civil
liability for taxes and penalties shall be at all times be simultaneously
instituted with, and jointly determined in the same proceeding by the
CTA, the filing of the criminal action being deemed to necessarily carry with it
the filing of the civil action, and no right to reserve the filing of such civil action
separately from the criminal action will be recognized.
2. Exclusive Appellate 1. Over appeals from the judgments, resolutions or orders of the RTC in tax
Jurisdiction cases originally decided by them, in their respective territorial jurisdiction.
2. Over petitions for review of the judgments, resolutions or orders of the RTC
in the exercise of their appellate jurisdiction over tax cases originally
decided the MeTC, MTC and MCTC in their respective jurisdiction.
(c) TAX COLLECTION CASES
1. Exclusive Original Cases involving final and executory assessment for taxes, fees, charges and
Jurisdiction penalties: Provided, however, that collection cases where the principal amount
of taxes and fees, exclusive of charges and penalties, claimed is less than P1M
shall be tried by the proper MTC, MeTC and RTC.
2. Exclusive Appellate In tax collection cases:

Jurisdiction 1. Over appeals from the judgments, resolutions or orders of the RTC in tax
collection cases originally decided by them, in their respective territorial
jurisdiction.
2. Over petitions for review of judgments, resolutions or orders of the RTC in
the exercise of their appellate jurisdiction over tax collection cases originally
decided the MeTC, MTC and MCTC in their respective jurisdiction.
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4. SANDIGANBAYAN
(P.D. 1606, as amended by R.A. 10660, promulgated April 16, 2015)
(a) EXCLUSIVE ORIGINAL
A. Violations of the following:

1. The Anti-Graft and Corrupt Practices Act (Republic Act No. 3019);
2. An Act Declaring Forfeiture in Favor of the State any Property Found to Have Been Unlawfully
Acquired by any Public Officer or Employee and Providing for the Proceedings Therefor (Republic
Act No. 1379); and
3. Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, which are:
a. Direct Bribery;
b. Indirect Bribery;
c. Qualified Bribery; and
d. Corruption of Public Officials
Provided that one or more of the accused are officials occupying the following positions in the
government, whether in a permanent, acting or interim capacity, at the time of the commission of the
offense:
1. Officials of the executive branch occupying the positions of regional director and higher,
otherwise classified as Salary Grade ‘27’ and higher, of the Compensation and Position
Classification Act of 1989 (Republic Act No. 6758), specifically including:
i. Provincial governors, vice-governors, members of the sangguniang panlalawigan, and
provincial treasurers, assessors, engineers, and other provincial department heads:
ii. City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers,
assessors, engineers, and other city department heads;
iii. Officials of the diplomatic service occupying the position of consul and higher;
iv. Philippine army and air force colonels, naval captains, and all officers of higher rank;
v. Officers of the Philippine National Police while occupying the position of provincial director and
those holding the rank of senior superintendent and higher;
vi. City and provincial prosecutors and their assistants, and officials and prosecutors in the Office
of the Ombudsman and special prosecutor;
vii. Presidents, directors or trustees, or managers of government-owned or controlled
corporations, state universities or educational institutions or foundations.
2. Members of Congress and officials thereof classified as Grade ‘27’ and higher under the
Compensation and Position Classification Act of 1989;
3. Members of the judiciary without prejudice to the provisions of the Constitution;
4. Chairmen and members of the Constitutional Commissions, without prejudice to the provisions
of the Constitution; and
5. All other national and local officials classified as Grade ‘27’ and higher under the Compensation
and Position Classification Act of 1989.
B. Other offenses or felonies whether simple or complexed with other crimes committed by the public
officials and employees mentioned in “A” above in relation to their office; and
C. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and
14-A, issued in 1986.
Provided that the RTC of the judicial region other than where the official holds office shall have exclusive
original jurisdiction where the information:
1. Does not allege any damage to the government or any bribery; or
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2. Alleges damage to the government or bribery arising from the same or closely related transactions
or acts in an amount not exceeding P1,000,000.
Furthermore, the proper RTC or MTC shall have jurisdiction in cases where:
1. None of the accused are occupying positions corresponding to Salary Grade ‘27’ or higher, as
prescribed under the Compensation and Position Classification Act of 1989; or
2. Military and PNP officers mentioned above
NOTE: In case private individuals are charged as co-principals, accomplices or accessories with the
public officers or employees, including those employed in government-owned or controlled corporations,
they shall be tried jointly with said public officers and employees in the proper courts which shall exercise
exclusive jurisdiction over them.
NOTE: Any provisions of law or Rules of Court to the contrary notwithstanding, the criminal action and
the corresponding civil action for the recovery of civil liability shall at all times be simultaneously instituted
with, and jointly determined in, the same proceeding by the Sandiganbayan or the appropriate courts,
the filing of the criminal action being deemed to necessarily carry with it the filing of the civil action, and
no right to reserve the filing of such civil action separately from the criminal action shall be recognized.
NOTE: Where the civil action had heretofore been filed separately but judgment therein has not yet been
rendered, and the criminal case is hereafter filed with the Sandiganbayan or the appropriate court, said
civil action shall be transferred to the Sandiganbayan or the appropriate court, as the case may be, for
consolidation and joint determination with the criminal action, otherwise the separate civil action shall be
deemed abandoned.
D. Money Laundering cases committed by public officers and private persons, who are in conspiracy
with such public officers, shall be under the jurisdiction of the Sandiganbayan. (Sec. 5, RA 9160, Anti
Money Laundering Act of 2001).
E. All prosecutions under the Anti-Plunder Law shall be within the original jurisdiction of the
Sandiganbayan. (Sec. 3, RA 7080, An Act Defining and Penalizing the Crime of Plunder).
F. Petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas
corpus, injunctions, and other ancillary writs and processes in aid of its appellate jurisdiction and
over petitions of similar nature, including quo warranto, arising or that may arise in cases filed or
which may be filed under Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986. Note that the
jurisdiction over these petitions shall not be exclusive of the Supreme Court.
(b) EXCLUSIVE APPELLATE
The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or
orders of regional trial courts whether in the exercise of their own original jurisdiction or of their appellate
jurisdiction.
1. Appeal by Notice of Appeal In civil and criminal cases, appeal to the Sandiganbayan from a
decision rendered by the RTC, in the exercise of its original
jurisdiction, shall be by ordinary appeal (i.e., filing of notice of appeal
with the RTC), under Rules 41 and 44, and Rules 122 and 124 of the
Rules of Court. (Sec. 1, Rule XIII, 2018 Revised Internal Rules of the
Sandiganbayan).
2. Appeal by Petition for Review In civil and criminal cases, appeal to the Sandiganbayan from a
decision rendered by the RTC, in the exercise of its appellate
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jurisdiction, shall be by petition for review under Rule 42 of the Rules

of Court. (Sec. 2, Rule XIII, 2018 Revised Internal Rules of the
Sandiganbayan).
5. REGIONAL TRIAL COURTS
1. Civil Cases 1. Civil actions in which the subject of litigation is incapable of pecuniary
estimation;
2. Civil actions which involve the title to, or possession of, REAL property, or any
interest therein, where the assessed value of the property involved exceeds
P20K, or P50K if in Metro Manila, except actions forcible entry and unlawful
detainer which are cognizable by the MeTC, MTC, MCTC;
3. Actions in admiralty and maritime jurisdiction where the demand or claim
exceeds P300K, or P400K if in Metro Manila;
4. Matters of probate, both testate and intestate, where the gross value of the
estate exceeds P300K, or P400K if in Metro Manila;
5. Cases not within the exclusive jurisdiction of any court, tribunal, person or body
exercising judicial or quasi-judicial functions, as RTC being a court of general
jurisdiction;
6. Actions involving the contract of marriage and marital relations in areas where
there are no established Family Courts;
7. Civil actions and special proceedings falling within the exclusive original
jurisdiction of the Special Agrarian Courts as now provided by law;
8. Other cases in which the demand, exclusive of interest, damages of whatever
kind, attorney’s fees, litigation expenses, and costs or the value of the property
in controversy, exceeds P300K, or P400K if in Metro Manila.
(RIANO, p. 139-140)
IMPORTANT: If the claim for damages is the main cause of action, the amount
thereof shall be considered in determining the jurisdiction of the court.
2. Criminal Cases Criminal cases not within the exclusive jurisdiction of any court, tribunal or body,
such as the following:
1. Penalty provided by law exceeds 6 years imprisonment, irrespective of fine.
2. Under no. 1 above not falling under the original jurisdiction of the
Sandiganbayan where none of the principal accused are occupying positions
corresponding to salary grade “27” or higher, or military and PNP officers
occupying the rank of superintendent or higher, or their equivalent;
3. Those officers falling under the jurisdiction of the Sandiganbayan but the
related information:
a. Does not allege any damage to the government or any bribery;or
b. Alleges damages damage to the government or bribery arising from the
same or closely related transactions or acts in an amount not exceeding
P1,000,000.
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NOTE: Subject to the rules promulgated by the Supreme Court, the cases falling
under the jurisdiction of the Regional Trial Court shall be tried in the judicial region
other than where the official holds office.
4. Only penalty provided by law is a fine exceeding P4K.
5. Violations of the:
a. Comprehensive Dangerous Drugs Act of 2002.
b. Anti-Violence against Women and their Children Act of 2004 (specifically,
those involving violence against women and children as defined under
Section 5).
c. Comprehensive Agrarian Reform Law.
d. Omnibus Election Code and other election laws.
(FERIA, 2013, p.193-194)
N.B.: Family Courts have exclusive original jurisdiction over criminal cases where
one or more of the accused is below 18 years old, or when one or more of the
victims is a minor at the time of the commission of the offense. However, if the
victim has already died, such as in homicide cases, the regular courts can have
jurisdiction. (People v Dela Torre-Yadao,G.R. Nos. 162144-54, 2012)
3. Other Cases 1. Actions for recognition and enforcement of an arbitration agreement or for
vacation, setting aside, correction or modification of an arbitral award, and any
application with a court for arbitration assistance and supervision.
2. Actions for determination of just compensation to land under the CARL.
(FERIA, 2013, p.193-194

(FERIA, 2013, p.195-196)
1. With the SC Actions affecting ambassadors and other public ministers and consuls.
2. With the SC and 1. Issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas
CA corpus, and injunction which may be enforced in any part of their respective
regions.
2. Petition for the issuance of writ of continuing mandamus in environmental
cases.
3. With the SC, CA 1. Petition for writ of amparo.

and SB 2. Petition for writ of habeas data.
4. With the Claims not exceeding P100K. This is applicable if subject of the action is incapable
Insurance of pecuniary estimation; otherwise, jurisdiction is concurrent with the MeTC.
Commissioner

(FERIA, 2013, p.196)
Cases decided by the MeTC, MTC, MTCC and MCTC in their respective territorial Jurisdiction.
(c) SPECIAL JURISDICTION

(FERIA, 2013, p.197)
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The SC may designate certain branches of the RTC to handle exclusively criminal cases, juvenile and
domestic relations cases, agrarian cases, urban land reform cases which do not fall under the jurisdiction
of quasi-judicial bodies and agencies, and/or such other special cases as the SC may determine in the
interest of a speedy and efficient administration of justice.
6. FAMILY COURTS
(FERIA, 2013, p.206-208)
ORIGINAL AND EXCLUSIVE JURISDICTION
1. Criminal cases where one or more of the accused is 15≤x<18 years old, or where one or more of the
victims is a minor at the time of the commission of the offense: provided, that if the minor is found
guilty, the court shall promulgate sentence and ascertain any civil liability which the accused may
have incurred. The sentence, however, shall be suspended without need of application pursuant to
the Child and Youth Welfare Code (PD 603).
2. Petitions for guardianship, custody of children, habeas corpus in relation to the latter.
3. Petitions for adoption of children and revocation thereof.
4. Complaints for annulment of marriage, declaration of nullity of marriage and those relating to marital
status and property relations of husband and wife or those living together under different status and
agreements, and petitions for dissolution of conjugal partnership or gains
5. Petitions for support and/or acknowledgment.
6. Summary judicial proceedings brought under the provisions of the Family Code of the Philippines
(E.O No. 209).
7. Petitions for declaration of status of children as abandoned, dependent or neglected children;
petitions for voluntary or involuntary commitment of children; the suspension, termination, or
restoration of parental authority and other cases cognizable under the Child and Youth Welfare Code
(PD 603), Authorizing the Ministry of Social Services and Development to Take Protective Custody
of Child Prostitutes and Sexually Exploited Children, and for Other Purposes (E.O. 56), and other
related laws.
8. Petitions for constitution of the family home.
9. Cases against minors cognizable under the Comprehensive Dangerous Drugs Act of 2005.
10. Violations of Special Protection of Children against Child Abuse, Exploitation and Discrimination Act
(RA 7610), as amended by RA 7658 and RA 9231.
11. Cases of domestic violence against:
1. Women – which are acts of gender-based violence that results, or are likely to result in physical,
sexual or psychological harm or suffering to women; and other forms of physical abuse such as
battering or threats and coercion which violate a woman’s personhood, integrity and freedom of
movement; and
2. Children – which include the commission of all forms of abuse, neglect, cruelty, exploitation,
violence, and discrimination and all other conditions prejudicial to their development.
If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal proceedings
and the corresponding penalties.
If any question involving any of the above matters should arise as an incident in any case pending in the
regular courts, said incident shall be determined in that court.
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7. MUNICIPAL TRIAL COURTS – MeTC, MTC and MCTC

(FERIA, 2013, p.197-204)
1. Civil 1. Civil actions and probate proceedings, testate and intestate, including the grant of
cases provisional remedies in proper cases, where the value of the personal property,
estate or amount of demand does NOT exceed P300K, or P400K if in Metro Manila,
exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses,
and costs, the amount of which must be specifically alleged. However, interest,
damages of whatever kind, attorney’s fees, litigation expenses, and costs shall be
included in the determination of the filing fees.
2. Admiralty and maritime cases where the demand or claim does NOT exceed P300K,
or P400K if in Metro Manila.
3. Forcible entry and unlawful detainer regardless of value of property involved, with
jurisdiction to determine the issue of ownership only to resolve the issue of
possession.
4. Civil actions which involve title to, or possession of, REAL property, or any interest
therein where the assessed value of the property or interest therein does NOT
exceed P20K, or P50K if in Metro Manila, exclusive of interest, damages of whatever
kind, attorney’s fees, litigation expenses, and costs. In cases of land not declared for
taxation purposes, the value of such property shall be determined by the assessed
value of the adjacent lots.
5. Inclusion and exclusion of voters.
Where there are several claims or causes of action between the same or different
parties, embodied in the same complaint, the amount of the demand shall be the totality
of the claims in all the causes of action irrespective of whether the causes of action
arose out of the same or different transactions.
2. Crimin EXCEPT in cases falling within the exclusive original jurisdiction of the RTC or SB—
al 1. Violations of city or municipal ordinances committed within their respective territorial
cases jurisdiction.
2. Offenses punishable with imprisonment NOT exceeding 6 years irrespective of the
amount of fine, and regardless of other imposable accessory or other penalties,
including the civil liability arising from such offenses or predicated thereon,
irrespective of kind, nature, value or amount thereof.
3. Offenses under (2) above include those NOT falling within the exclusive original
jurisdiction of the SB where none of the accused is occupying positions
corresponding to salary grade ‘27’ or higher.
4. Offenses involving damage to property through criminal negligence.
5. In cases where the only penalty provided by law is a fine of not more than P4K.
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(b) DELEGATED JURISDICTION
Cadastral or land registration cases covering lots where there is no controversy or opposition, or
contested lots where the value of which does NOT exceed P100K, such value to be ascertained by
the affidavit of the claimant or by agreement of the respective claimants if there are more than one, or
from the corresponding tax declaration of the real property. These cases are assigned and not
automatically delegated.
(c) SPECIAL JURISDICTION
In the absence of all the RTC Judges in a province of city—

1. Hear and decide petitions for writ of habeas corpus.
2. Hear and decide applications for bail in criminal cases.
(d) SUMMARY PROCEDURE
1.Civil 1. All cases of forcible entry and unlawful detainer, irrespective of the amount of
cases damages or unpaid rentals sought to be recovered, but if attorney’s fees are awarded,
the same shall not exceed P20,000.00; and
2. All other cases, except probate proceedings, where the total amount of the plaintiff’s
claim does not exceed one hundred thousand pesos (P100,000) or two hundred
thousand pesos (P200,000) in Metropolitan Manila, exclusive of interests and costs.
(Sec. 1(A), Revised Rule on Summary Procedure, as amended)
2. Criminal 1. Traffic violations.

cases 2. Rental law violations.
3. Violations of city or municipal ordinances.
4. Violations of B.P. 22 (Bouncing Checks Law).
5. All other cases where penalty does NOT exceed 6 months and/or fine of P1K,
irrespective of other imposable penalties, accessory or otherwise.
6. In offenses involving damage to property through criminal negligence, where the
imposable fine does not exceed P10K.
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D. ASPECTS OF JURISDICTION
When Jurisdiction Over Defendant is Required
1. JURISDICTION OVER THE PARTIES Jurisdiction over the person of the defendant is
required only in an action in personam. It is not
Jurisdiction over the parties is the power of a court required in an action in rem or quasi in rem.
to render personal judgment or to subject the (RIANO, 2019, p. 88).
parties in a particular action to the judgment or
other rulings rendered in an action. (Villagracia v. 2. JURISDICTION OVER THE SUBJECT
Fifth Shari’a Court, G.R. No. 188832, 2014) MATTER
a. How jurisdiction over the plaintiff is a. Meaning of jurisdiction over the subject
acquired matter
Jurisdiction over the plaintiff is acquired by his Jurisdiction over the subject matter is the power to
filing of the complaint, petition, or other initiatory deal with the general subject involved in the action.
pleading. (Davao Light & Power v. CA, G.R. No. It refers to jurisdiction of the class of cases to
93262, 1991) which the particular case belongs. (Allied Domecq
v. Villon, G.R. No. 156264, 2004).
Effect of Unauthorized Complaint
An unauthorized complaint (i.e., one which is filed It refers to the power of a particular court to hear
by a person not authorized by the plaintiff) does the type of case that is then before it. (RIANO,
not produce any legal effect. Hence, the court 2019, p. 61)
should dismiss the complaint on the ground that it
has no jurisdiction over the complaint and the Meaning of Subject Matter
plaintiff. (Palmiano-Salvador v. Angeles, G.R. No. The subject matter is the item with respect to
171219, 2012) which the controversy has arisen, or concerning
which the wrong has been done, and it is ordinarily
b. How jurisdiction over the defendant is the right, the thing, or the contract under dispute.
acquired (Spouses Ley v. Union Bank of the Philippines,
G.R. No. 167961, Apr. 3, 2007).
Jurisdiction over the defendant is acquired either
by: b. Distinguish: jurisdiction and exercise of
1. A valid service of summons upon him; or jurisdiction
2. His voluntary submission to the court’s
authority. (Macaset v. Co, G.R. No. 156759,
EXERCISE OF
Jun. 5, 2013) JURISDICTION
JURISDICTION
As a general rule, one who seeks an affirmative The authority to hear The exercise of such
relief is deemed to have submitted to the and decide a case. power or authority.
jurisdiction of the court. (David v. Agbay, G.R. No.
199113, 2015) It constitutes the actual It constitutes the acts
power and authority of the court in
As an exception, a motion to dismiss raising the itself. accordance with such
ground of lack of jurisdiction over the person of the jurisdiction, renders a
defendant is not deemed voluntary appearance. decision on the case,
Under the 2019 Amendments, if a movant raises and executes its
other grounds aside from lack of jurisdiction over decision.
the person of the defendant, this shall be deemed (RIANO, 2019, p.63)
as voluntary appearance. (Sec. 23, Rule 14).
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c. How jurisdiction is conferred and If the court has no jurisdiction, but the case was
determined tried and decided upon the theory that it has
jurisdiction, the parties are not barred, on appeal,
How Jurisdiction is Conferred from assailing such jurisdiction, for the same must
Jurisdiction over the subject matter is conferred exist as a matter of law, and may not be conferred
only by the Constitution or the law. It cannot be by consent of the parties or by estoppel. (Lozon v.
contingent upon the action or inaction of the court. NLRC, G.R. No. 107660, Jan. 2, 1995)
(Republic v. Bantigue, G.R. No. 162322, 2012).
How Jurisdiction is Determined
Jurisdiction is conferred by substantive law, and Jurisdiction over the subject matter is determined
not by a procedural law. (Malaloan v. Court of by the allegations of the complaint and the
Appeals, G.R. No. 104879, May 6, 1994). character of the relief sought. (Heirs of Alfredo
Bautista v. Lindo, G.R. No. 208232, 2014)
Consequences of Jurisdiction Being
Conferred by Law Determining Jurisdiction From the Allegations
Since jurisdiction is conferred only by the of the Complaint
Constitution or by law: It is not the title of the pleading but its allegations
1. It does not depend on the regularity of its that must control. (Jordan v. Grandeur Security,
exercise by a court or tribunal. (Salvador v. G.R. No. 206716, 2014)
Patricia, Inc. G.R. No. 195834, Nov. 9, 2016);
2. It cannot be acquired, waived, enlarged, or The general rule is that jurisdiction is based on the
diminished by any act or omission of the allegations in the initiatory pleading. The defenses
parties. (Department of Agrarian Reform v. in the answer are deemed irrelevant and
Republic, G.R. No. 160560, Jul. 29, 2005); immaterial in its determination. (De la Cruz v.
3. It cannot be conferred by acquiescence of the Court of Appeals, G.R. No. 139442, December 6,
courts. (Knights of Rizal v. DMCI Homes, Inc., 2006)
G.R. No. 213948, Apr. 25, 2017);
4. It cannot be conferred by administrative policy Thus, if by the averments of the complaint, the
of the court. (Cudia v. Court of Appeals, G.R. court has jurisdiction, it does not lose that
No. 110315, Jan. 16, 1998) jurisdiction just because the defendant makes a
5. It cannot be presumed or implied, but it must contrary allegation in his motion or answer or
appear clearly from the law or it will not be held because the court believes that the plaintiff’s
to exist, but it may be conferred on a court or claims are ridiculous and therefore, untrue.
tribunal by necessary implication as well as by (Tomas Claudio Memorial College, Inc., v. Court of
express terms. (Salvador v. Patricia, Inc. G.R. Appeals, G.R. No. 124262, 1999)
No. 195834, Nov. 9, 2016);
Exceptions: Exception: In an ejectment case filed with the
1. Estoppel by laches (Tijam v. Sibonghanoy, G.R. MTC, where it has been determined that tenancy
No. L-21450, 1968); is the real issue, the court should dismiss the case
2. Estoppel by deed or estoppel in pais (Soliven v. for lack of jurisdiction. (Hilado v. Chavez, G.R.
Fastforms, G.R. No. 139031, 2004) 134742, Sep. 22, 2004)
Effect of Lack of Jurisdiction Over The Subject Determining Jurisdiction From the Primary
Matter of the Action Relief or Ultimate Objective of the Complaint
Any judgment, order or resolution issued without 1. A case denominated as one for cancellation of
jurisdiction is void and cannot be given any several deeds of sale, transfer certificates of
effect. This rule applies even if the issue on title, and the joint venture agreement was
jurisdiction was raised for the first time on appeal deemed to be a real action because the
or even after final judgment. (Magno v. People, allegations therein actually sought for the
G.R. No. 171542, 2011)
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recovery of real properties. (Serrano v. Delica, consequence of the main cause of

G.R. 136325, Jul. 28, 2005); action. However, in cases where the claim for
2. A complaint was filed for reconveyance of real damages is the main cause of action, or one of
property with declaration of nullity of original the causes of action, the amount of such claim
certificate of title, alleging that the title had been shall be considered in determining the
obtained by fraud. In determining jurisdiction, jurisdiction of the court. (Sante v. Claravall, G.R.
the Court found that the primary relief was to No. 173915, 2010).
recover real property. The case did not involve
a subject matter incapable of pecuniary Totality Rule
estimation. (Maslag v. Monzon, G.R. No. Where there are several claims or causes of action
174908, Jun. 17, 2013); between the same or different parties, embodied
3. A complaint to redeem a land subject of a free in the same complaint, the jurisdictional amount of
patent is a civil action incapable of pecuniary the demands shall be the totality of the claims in
estimation. Jurisdiction of the court is all the causes of action, irrespective of whether the
determined by the allegations in the complaint causes of action arose out of the same or different
and the character of the relief sought. His transactions. (B.P. Blg. 129, Sec. 33[1]; Pantranco
cause of action being one for specific North Express v. Standard Insurance, G.R. No.
performance, it is incapable of pecuniary 140746, 2005).
estimation and cognizable by the RTC. (Heirs
of Bautista v. Lindo, G.R. No. 208232, 2014). The totality rule presupposes that the various
claims of the same or different parties are allowed
Note: If the objective of the action to recover to be embodied in the same complaint or that the
property, title or interest therein – the action is different causes of action which are joined accrue
based on the assessed value of the property. in favor of the same plaintiffs or against the same
(See discussion under Jurisdictional Amounts defendants and that no misjoinder of the parties
for Real Actions) are involved. (RIANO, 2019, p. 115)
Determining Jurisdictional Amounts for Determining Jurisdictional Amounts for Real

Personal Actions Actions
In personal actions, the jurisdictional amount The basis for jurisdiction in real actions is the
refers to the value of the personal property, estate, assessed value of the real property involved as
or amount of the demand involved in the civil alleged in the complaint. (Salvador v. Patricia, Inc.
action or proceedings. (Cabrera v. Francisco, G.R. G.R. No. 195834, Nov. 9, 2016)
No. 172293)
With the modifications introduced by R.A. No.
The jurisdictional amount does not include: 7691 in 1994, the jurisdiction of the first level
1. Interest; courts has been expanded to include jurisdiction
2. Damages of whatever kind; over other real actions where the assessed value
3. Attorney’s fees; does not exceed P20,000, or P50,000 where the
4. Litigation expenses; and action is filed in Metro Manila. The first level
5. Costs. courts thus have exclusive original jurisdiction over
Nevertheless, the above items are included in accion publiciana and accion reinvindicatoria
determining filing fees. (Sec. 33(1), B.P. 129, as where the assessed value of the real property
amended by RA No, 7691) does not exceed the aforestated
amounts. Accordingly, the jurisdictional element
The exclusion of the term damages of whatever is the assessed value of the property. (Barrera v.
kind in determining the jurisdictional amount under Legaspi, G.R. No. 174346, 2008)
Section 19 (8) and Section 33 (1) of B.P. Blg. 129,
as amended by R.A. No. 7691, applies to cases The assessed value must be alleged in the
where the damages are merely incidental to or a complaint to determine which court has jurisdiction
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over the action. (Heirs of Julao v. Spouses de Exhaustion of Administrative Remedies

Jesus, G.R. No. 176020, 2014). General Rule: If a remedy within the
administrative machinery can still be resorted to by
General Rule: If the assessed value is not alleged giving the administrative officer concerned every
in the complaint, the action should be dismissed opportunity to decide on a matter that comes
for lack of jurisdiction, for the trial court is not within his jurisdiction, then such remedy should be
afforded the means of determining from the exhausted first before resort to the courts.
allegations of the pleading whether jurisdiction Exception: when the proceeding before the
over the subject matter pertains to it or to another administrative agency is merely investigative, as
court. (Cabling v. Dangcalan, G.R. No. 187696, opposed to adjudicative. (Republic v. Transunion
Jun. 15, 2016) Corp, G.R. No. 191590, 2014).
Exception: The non-inclusion of the assessed Effect of Failure to Observe Exhaustion of

value is not fatal if attached to the complaint is a Administrative Remedies
tax declaration showing the assessed value of the Failure to observe the doctrine of exhaustion of
property. Annexes to the complaint have been administrative remedies does not affect the
held to be part of, and should be considered jurisdiction of the Court. We have repeatedly
together with the complaint in determining the stressed this in a long line of decisions. The only
jurisdiction of the court. (Banko Sentral ng effect of non-compliance with this rule is that it will
Pilipinas v. Legaspi, G.R. No. 205966, Mar. 2, deprive the complainant of a cause of action (i.e.,
2016). failure to comply with a condition precedent),
which is an affirmative defense.
d. Distinguish: doctrine of primary
jurisdiction and doctrine of exhaustion of If not invoked at the proper time, this ground is
administrative remedies deemed waived and the court can take cognizance
of the case and try it. (Republic v. Sandiganbayan,
Doctrine of Primary Jurisdiction G.R. No. 112708-09, 1996)
The doctrine of primary jurisdiction precludes the
courts from resolving a controversy over which The law’s intendment was to grant jurisdiction over
jurisdiction has initially been lodged in an the enforcement of settlement/arbitration awards
administrative body of special competence. (See to the city or municipal courts the regardless of the
also Sta. Ana v. Carpo, GR No. 164340, 2008) amount. (Sebastian v. Lagmay, G.R. No. 164594,
2015)
Courts will not resolve a controversy involving a
question which is within the jurisdiction of an Doctrine of Primary Jurisdiction vs. Doctrine of
administrative tribunal, especially where the Exhaustion of Administrative Remedies
question demands the exercise of sound
administrative discretion requiring the special EXHAUSTION OF
PRIMARY
knowledge, experience, and services of the ADMINISTRATIVE
JURISDICTION
administrative tribunal to determine technical and REMEDIES
intricate matters of fact. (Paloma v. Mora, G.R. No. Precludes the courts Available remedy
157783, 2005) from resolving a before an
controversy over which administrative body
The practice is to refer specialized disputes to jurisdiction has been must first be sought
administrative agencies of specialized lodged in an before bringing an
competence and the courts will not determine a administrative body of action in court
controversy prior to the resolution of the question special competence.
by the administrative tribunal (Fabia v. Court of
Appeals, G.R. No. 132684, 2002). Rationale is that some Rationale is the
controversies demand agency should be
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the exercise of sound given an opportunity proceedings, even for the first time on appeal
administrative to correct the errors, if (Calimlim v. Ramirez, G.R. No. L-34362, 1982).
discretion requiring the any, of its
special knowledge, subordinates. Courts may motu propio take cognizance of the
experience, and issue even if not raised by the parties themselves
services of the tribunal. (Asia International Auctioneers v. Parayno, G.R.
No. 163445, 2007).
Involves a situation Involves a situation
where both the court where the remedy is When the court dismisses the complaint based on
and administrative cognizable at first such ground, it cannot refer or forward the case to
agency have instance by an another court with the proper jurisdiction. This is
jurisdiction to pass administrative because jurisdiction over the subject is a “matter
upon the question. agency prior to of law” and “may not be conferred by consent or
judicial review. agreement of the parties.” (Villagracia v. Fifth
Shari’a District Court, G.R. No. 188832, 2014)
Applies to a particular Applies to
case brought as an administrative g. Effects of estoppel on objections to
original matter. remedies in the jurisdiction
nature of a review.
While jurisdiction over the subject matter may be
Its effect is to suspend Its effect is to raised at any stage of the proceedings, a party
judicial process withhold judicial may still be barred from raising it on the ground of
pending referral of such interference until the estoppel or laches. (Tijam v. Sibonghanoy, G.R.
issues to the administrative No. L-21450, 1968).
administrative process has run its
agencies. course. The general rule is that the issue of jurisdiction
(DE LEON, Administrative Law, 2016 ed., p.423- may be raised at any stage of the proceedings,
424; RIANO, 2019, p. 76-77;) even on appeal, and is not lost by waiver or by
estoppel. Estoppel by laches, to bar a litigant from
e. Doctrine of adherence of jurisdiction asserting the court’s absence or lack of
(continuity of jurisdiction) jurisdiction, only supervenes in exceptional cases
similar to the factual milieu of Tijam v.
Doctrine of Adherence of Jurisdiction or Sibonghanoy. The fact that a person attempts to
Continuity of Jurisdiction invoke unauthorized jurisdiction of a court does not
See prior discussion on Doctrine of estop him from thereafter challenging its
Continuity/Adherence of Jurisdiction. jurisdiction over the subject matter, since such
jurisdiction must arise by law and not by mere
f. Objections to jurisdiction over subject
consent of the parties. (Figueroa v. People, G.R.
matter No. 147406, 2008)
The earliest opportunity of a party to raise the
issue of jurisdiction is in a motion to dismiss filed Courts are not only courts of law but also of equity.
before the filing or service of an answer. Failure to Thus, where the respondent did not vigorously
question the jurisdiction of the court and instead
raise such objection shall NOT to be deemed as a
waiver. (Sec. 1, Rule 9) Similarly, lack of actively participated for ten years, a motion to
dismiss based on lack of jurisdiction would render
jurisdiction over the subject matter may also be
raised as an affirmative defense. (Sec. 5, Rule 6) the effort, time and expenses of the parties for
naught. (Bernardo v. Heirs of Villegas, G.R. No.
183357, 2010)
Thus, the prevailing rule is that jurisdiction over the
subject matter may be raised at ANY stage of the
If the lower court had jurisdiction, and the case
was heard and decided upon a given theory, for
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instance, that the court had no jurisdiction, the 4. JURISDICTION OVER THE RES OR
party who induced it to adopt such theory will not PROPERTY IN LITIGATION
be permitted, on appeal, to assume an
inconsistent position that the lower court had Definition; How Acquired
jurisdiction. (Cudiamat v. Batangas Savings, G.R. Jurisdiction over the res refers to the court’s
No. 182403, 2010). jurisdiction over the thing or property which is the
subject of the action. (RIANO, 2019, p. 95)
3. JURISDICTION OVER THE ISSUES
Jurisdiction over the res or property in litigation is
Jurisdiction over the issues refers to the power of acquired either by:
the court to try and decide the issues raised in the 1. Actual or constructive seizure of the property
pleadings of the parties. (Reyes v. Diaz, G.R. No. under legal process, whereby it is brought into
L-48754, 1941) the custody of the law; or
2. As a result of the institution of legal proceedings,
An ISSUE is a disputed point or question to which in which the power of the court is recognized
parties to an action have narrowed down their and made effective (Biaco v. Philippine
several allegations and upon which they are Countryside Rural Bank, G.R. No. 161417,
desirous of obtaining a decision. (RIANO, 2019, p. 2007).
92)
If the action is in rem or quasi in rem, jurisdiction
With respect to an issue raised by the pleadings, over the person of the defendant is not required.
an issue arises because the material allegations of What is required is jurisdiction over the res,
a claiming party are specifically denied by the although summons must be served upon the
defending party. (Id.) defendant in order to satisfy the requirements of
due process (Gomez v. CA, G.R. No. 127692,
How Conferred and Determined: 2004)
General Rule: It is conferred and determined by
the pleadings of the parties that present the issues In cases where jurisdiction over the person of a
to be tried and determined whether or not the defendant cannot be acquired, the preliminary
issues are of fact or of law. (Id.) seizure is to be considered necessary in order to
Exceptions: confer jurisdiction upon the court. In this case the
It may be conferred: lien on the property is acquired by the seizure; and
1. By stipulation of the parties, as when in the pre- the purpose of the proceedings is to subject the
trial, the parties enter into stipulations of facts property to that lien. (El Banco Español-Filipino v.
and documents or enter into an agreement Palanca, G.R. No. L-11390, Mar. 26, 1918) In this
simplifying the issues of the case. (Sec. 2 (b), instance, the action is converted from one in
Rule 18); personam to one in rem. (Villareal v. CA, G.R. No.
2. By express or implied consent of the parties, 107314, 1998.)
when issues not raised by the pleadings are
tried, such issues shall be treated in all 5. JURISDICTION OVER THE REMEDIES
respects as if they had been raised in the
pleadings. (Sec. 5, Rule 10) Fundamental is the rule that the provisions of the
law and the rules concerning the manner and
Effect of No Issue in a Case period of appeal are mandatory and jurisdictional
It is proper for the court to render judgment on the requirements; hence, cannot simply be discounted
pleadings if the answer fails to tender an issue, under the guise of liberal construction.(Zosa v.
except in actions for declaration of nullity of Consilium, Inc., G.R. No. 196765, Sep. 19, 2018).
annulment of marriage or legal separation. (Sec.
1, Rule 34). Post-judgment remedies, such as an appeal, is
neither a natural right nor is a component of due
process. It is a mere statutory privilege and may
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be exercised only in the manner and in Establishes a relation Establishes a relation

accordance with the provisions of the law. (People between plaintiff and between the court and
v. Hilario, G.R. No. 210610, Jan. 11, 2018) defendant, or the subject matter
petitioner and
respondent
E. DISTINGUISH: ERROR OF May be conferred by Fixed by law and
JURISDICTION VS. ERROR OF the act or agreement cannot be conferred
JUDGMENT of the parties. by agreement of the
parties
ERROR OF ERROR OF
The venue, being Lack of jurisdiction
JURISDICTION JUDGMENT
improperly laid, is not over the subject matter
Occurs when the court Occurs when a court a ground for a motion is both a ground for a
exercises a jurisdiction or tribunal clothed with to dismiss, but can be motion to dismiss and
not conferred upon it jurisdiction commits raised as an an affirmative
by law or when a court mistakes in the affirmative defense. defense. (Sec. 5 (b),
or tribunal acts in appreciation of the (Sec. 12, Rule 8). Rule 6; Sec. 12, Rule
excess of its facts and evidence 15).
jurisdiction or with leading to an
May be waived only in Cannot be waived.
grave abuse of its erroneous judgment.
civil cases. In criminal
discretion.
cases, venue is
Correctible by Correctible by appeal jurisdictional.
certiorari (RIANO, 2019, p. 163-164)
(RIANO, 2019, p.64-65)
G. JURISDICTION OVER SMALL CLAIMS,

F. JURISDICTION VS. VENUE CASES COVERED BY THE RULES ON
SUMMARY PROCEDURE AND
VENUE is the place, or the geographical area BARANGAY CONCILIATION
where an action is to be filed and tried. (Manila
Railroad Company v. Attorney General, G.R. No. RULE ON SMALL CLAIMS
L-6287, 1911)
Scope and Applicability of Rules for Small
JURISDICTION is the power and authority of the Claims Cases
tribunal to hear, try and decide a case. The Rules of Procedure for Small Claims Cases
(Veneracion v. Mancilla, G.R. No. 158238, 2006) shall govern the procedure in the Metropolitan
Trial Courts (MeTCs), Municipal Trial Courts in
VENUE JURISDICTION Cities (MTCCs), Municipal Trial Courts (MTCs),
and Municipal Circuit Trial Courts (MCTCs)
The place where the The authority to hear involving all actions that are purely civil in nature
case is to be heard or and determine a case where the claim or relief prayed for by the plaintiff
tried (e.g., Regional is solely for payment or reimbursement of sum
Trial Court of Makati of money. The claims or demands may be:
City or Quezon City) 1. For money owed under a contract of lease, loan,
services, sale, or mortgage;
A matter of procedural A matter of
2. For liquidated damages arising from contracts;
law substantive law
3. Enforcement of a barangay amicable
settlement; or
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4. Arbitration award involving a money claim Exceptions:

covered by this Rule pursuant to the Local 1. Where one party is the government, or any
Government Code. (Sec. 5, Revised Rules of subdivision or instrumentality thereof;
Procedure for Small Claims Cases, as 2. Where one party is a public officer or employee
amended) and the dispute relates to the performance of
his official functions;
These Rules shall govern the procedure in actions 3. Where the dispute involves real properties
before the MTCs for payment of money where the located in different cities and municipalities,
value of claim does not exceed the jurisdictional unless the parties thereto agree to submit their
amount of P400,000.00 for the MeTCs and difference to amicable settlement by an
P300,000.00 for the MTCCs, MTCs, and MCTCs, appropriate Lupon;
exclusive of interest and cost. (Sec. 2, Revised 4. Any complaint by or against corporations,
Rules of Procedure for Small Claims Cases, as partnerships or juridical entities, since only
amended) individuals shall be parties to Barangay
conciliation proceedings either as
Venue complainants or respondents [Sec. 1, Rule VI,
For small claims cases, the regular rules of venue Katarungang Pambarangay Rules];
shall apply, at the election of the plaintiff, in the 5. Disputes involving parties who actually reside in
MeTC, MTCC, MTC, and MCTC: barangays of different cities or municipalities,
1. Where the plaintiff resides; except where such barangay units adjoin each
2. Where the defendant resides; or other, and the parties thereto agree to submit
3. Where he may be found, in the case of a non- their differences to amicable settlement by an
resident defendant. appropriate Lupon;
However, if the plaintiff is engaged in the business 6. Offenses for which the law prescribes a
of lending, banking and similar activities, in the city maximum penalty of imprisonment exceeding
where the defendant resides, if the plaintiff has a one [1] year or a fine of over P5,000.00.
branch in that city. (Sec. 7, Revised Rules of 7. Offenses where there is no private offended
Procedure for Small Claims Cases, as amended) party;
8. Disputes where urgent legal action is necessary
KATARUNGANG PAMBARANGAY to prevent injustice from being committed or
(A.C. No. 14-93) further continued, specifically the following:
a) Criminal cases where accused is under
General Rule: police custody or detention [Sec. 412 (b) (1),
ALL disputes between individuals/natural persons Revised Katarungang Pambarangay Law];
are subject to barangay conciliation pursuant to b) Petitions for habeas corpus by a person
the Revised Katarungang Pambarangay Law and illegally deprived of his rightful custody over
prior recourse thereto is a pre-condition before another or a person illegally deprived of or
filing a complaint in court or any government on acting in his behalf;
offices is allowed. c) Actions coupled with provisional remedies
such as preliminary injunction, attachment,
There must have been confrontation between the delivery of personal property and support
parties before the lupon chairman or pangkat and during the pendency of the action;
a showing that there was no settlement reached or d) Actions which may be barred by the Statute
that it was repudiated by the parties before a of Limitations.
complaint, petition, action or proceeding may be 9. Any class of disputes, which the President may
filed or instituted in court or in a government office determine in the interest of justice or upon the
for adjudication. recommendation of the Secretary of Justice;
10. Where the dispute arises from the
Comprehensive Agrarian Reform Law (Secs.
46 & 47, R. A. 6657);
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11. Labor disputes or controversies arising from

employer-employee relations (Montoya v. Scope and Applicability of Rules on Summary
Escayo, et al., G.R. No. 82211-12, 1989); (Art. Procedure for Civil Cases
226, Labor Code) 1. All cases of forcible entry and unlawful detainer,
12. Actions to annul judgment upon a compromise irrespective of the amount of damages or
that may be filed directly in court (Sanchez v. unpaid rentals sought to be recovered, but if
Tupaz, G.R. No. 76690, 1988) attorney’s fees are awarded, the same shall not
exceed P20,000.00; and
A case filed in court without compliance with prior 2. All other cases, except probate proceedings,
barangay conciliation, which is a pre-condition for where the total amount of the plaintiff’s claim
formal adjudication, may be dismissed upon does not P100,000 or P200,000 in Metropolitan
motion of defendant/s on the ground of failure to Manila, exclusive of interests and costs. (Sec.
comply with a condition precedent. The non- 1(A), Revised Rule on Summary Procedure, as
referral of a case for barangay conciliation is not amended)
jurisdictional in nature, thus it necessitates a
motion to dismiss before it may be considered by In small claims cases, the following amounts are
the Court. (Royales v. Intermediate Appellate excluded in determining jurisdictional amount:
Court, G.R. No. L-65072, Jan. 31, 1984). 1. Interest;
2. Costs.
A prior recourse to barangay conciliation is a pre- (Sec. 1(A)(2), Revised Rule on Summary
condition before filing a complaint in court or any Procedure, as amended)
government offices. Non-compliance with the
said condition precedent could affect the Scope and Applicability of Rules on Summary
sufficiency of the plaintiff’s cause of action and Procedure for Criminal Cases
make his complaint vulnerable to dismissal on 1. Traffic violations.
ground of lack of cause of action or prematurity; 2. Rental law violations.
but the same would not prevent a court of 3. Violations of city or municipal ordinances.
competent jurisdiction from exercising its power of 4. Violations of B.P. 22 (Bouncing Checks Law).
adjudication over the case before it, where the 5. All other cases where penalty does NOT exceed
defendants failed to object to such exercise of 6 months and/or fine of P1K, irrespective of
jurisdiction. (Sps. Santos v. Sps. Lumbao, G.R. other imposable penalties, accessory or
No. 169129, 2007) otherwise.
6. In offenses involving damage to property
Interruption of Prescriptive Period: through criminal negligence, where the
While the dispute under mediation, conciliation, or imposable fine does not exceed P10K.
arbitration, the prescriptive periods for offenses (Sec. 1 (B), Revised Rule on Summary Procedure,
and cause of action under existing laws shall be as amended)
interrupted upon filing of the complaint with the
Punong Barangay. Exception:
The Rule on Summary Proceedings shall not apply
Agreement to Arbitrate: to a civil case where the plaintiff’s cause of action
The parties may, at any stage of the proceedings, is pleaded in the same complaint with another
agree in writing to have the matter in dispute cause of action subject to the ordinary procedure.
decided by arbitration by the Lupon Chairman or
Pangkat. Nor is it applicable to a criminal case where the
offense charged is necessarily related to another
RULE ON SUMMARY PROCEDURE criminal case subject to the ordinary procedure.
(Sec. 1, Revised Rule on Summary Procedure, as
The rule shall govern the summary procedure in amended)
the MeTCs, MTCCs, MTCs, and MCTCs.
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Appeal:
The judgment or final order shall be appealable to
the appropriate Regional Trial Court.
The decision of the Regional Trial Court in civil

cases governed by this Rule, including forcible
entry and unlawful detainer, shall be immediately
executory, without prejudice to further appeal that
may be taken therefrom. (Sec. 22, Revised Rule
on Summary Procedure, as amended)
H. HOW JURISDICTION IS DETERMINED
See prior discussion on How Jurisdiction is

Conferred and Determined.
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Remedial Law
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III. CIVIL PROCEDURE ii. Permissive counterclaim

iii. Effect on the counterclaim when the
complaint is dismissed
d. Cross-claims
e. Third (fourth, etc.) party complaints
III. CIVIL PROCEDURE
f. Complaint-in-intervention
A. GENERAL PROVISIONS
g. Reply
B. ACTIONS
h. Extensions of time to file
1. Meaning of ordinary civil actions
2. Pleadings allowed in small claims cases
2. Meaning of special civil actions
and cases covered by the Rules on
3. Meaning of criminal actions
Summary Procedure
4. Distinguish: civil actions and special
3. Parts and contents of a pleading
proceedings
a. Caption
5. Personal actions and real actions
b. Signature and address
6. Local and transitory actions
c. Verification
7. Actions in rem, in personam and quasi in
d. Certification against forum shopping
rem
e. Contents of a pleading
C. CAUSE OF ACTION
4. Allegations in a pleading
1. Meaning of cause of action
a. Manner of making allegations
2. Distinguish: right of action and cause of
i. Condition precedent
action
ii. Fraud, mistake, malice, intent,
3. Distinguish: failure to state a cause of action
knowledge and other condition of the
and lack of cause of action
mind, judgments, official documents or
4. Test of the sufficiency of a cause of action
acts
5. Splitting a single cause of action and its
b. Pleading an actionable document
effects
c. Specific denials
6. Joinder and misjoinder of causes of action
i. Effect of failure to make specific
D. PARTIES TO CIVIL ACTIONS
denials
1. Real parties in interest; indispensable
ii. When a specific denial requires an
parties; representatives as parties;
oath
necessary parties; indigent parties;
d. Affirmative defenses
alternative defendants
5. Effect of failure to plead
2. Compulsory and permissive joinder of
a. Failure to plead defenses and objections
parties
b. Failure to plead a compulsory
3. Misjoinder and non-joinder of parties
counterclaim and cross-claim
4. Class suit
6. Default
5. Suits against entities without juridical
a. When a declaration of default is proper
personality
b. Effect of an order of default
6. Effect of death of party litigant
c. Relief from an order of default
E. VENUE
d. Effect of a partial default
1. Venue of real actions
e. Extent of relief
2. Venue of personal actions
f. Actions where default are not allowed
3. Venue of actions against non-residents
7. Filing and service of pleadings
4. When the rules on venue do not apply
a. Payment of docket fees
5. Effects of stipulations on venue
b. Distinguish: filing and service of
F. PLEADINGS
pleadings
1. Kinds of pleadings and when they should be
c. Periods of filing of pleadings
filed
d. Manner of filing
a. Complaint
i. Personal filing
b. Answer
ii. Filing by registered mail
i. Negative defenses
iii. Filing by accredited courier
ii. Negative pregnant
iv. Transmittal by electronic mail or
c. Counterclaims
other electronic means
i. Compulsory counterclaim
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e. Modes of service e. Omnibus motion rule

i. Personal service f. Prohibited motions
ii. Service by registered mail 2. Motions for Bill of Particulars
iii. Service by accredited courier a. Purpose and when applied for
iv. Service by electronic mail, facsimile b. Actions of the court
transmission, or other electronic c. Compliance with the order and effect of
means noncompliance
v. Service as provided for in d. Effect on the period to file a responsive
international conventions pleading
f. Service of judgments, final orders or I. DISMISSAL OF ACTIONS
resolutions; service of court-issued 1. Dismissal with prejudice
orders and other documents 2. Dismissal upon notice by plaintiff
g. Conventional service or filing of orders, 3. Dismissal upon motion by plaintiff; effect on
pleadings, and other documents existing counterclaim
h. When service is deemed complete 4. Dismissal due to the fault of plaintiff
i. Proof of filing and service 5. Dismissal of counterclaim, cross-claim or
8. Amendment third-party complaint
a. Amendment as a matter of right J. PRE-TRIAL
b. Amendments by leave of court 1. Concept of pre-trial
c. Formal amendment 2. Nature and purpose
d. Effect of amended pleading 3. Notice of pre-trial
e. Supplemental pleadings 4. Appearance of parties; effect of failure to
G. SUMMONS appear
1. Nature and purpose of summons 5. Pre-trial brief; effect of failure to appear
a. In relation to actions in personam, in rem 6. Pre-trial order
and quasi in rem 7. Distinguish: pre-trial in civil cases and pre-
b. When summons are issued trial in criminal cases
c. Contents of summons K. INTERVENTION
d. Duty of counsel 1. Requisites for intervention
e. Return 2. Time to intervene
2. Voluntary appearance 3. Remedy for the denial of motion to
3. Who may serve summons intervene
4. Personal service L. SUBPOENA
5. Substituted service 1. Subpoena duces tecum
6. Constructive service 2. Subpoena ad testificandum
a. Service upon a defendant where his 3. Service of subpoena
identity is unknown or where his 4. Compelling attendance of witnesses;
whereabouts are unknown contempt
b. Service upon residents temporarily 5. Quashing of subpoena
outside the Philippines M. COMPUTATION OF TIME
7. Extraterritorial service, when allowed N. MODES OF DISCOVERY
8. Service upon prisoners and minors; upon 1. Depositions pending action; depositions
spouses before action or pending appeal
9. Service upon domestic or foreign private a. Meaning of deposition
juridical entities b. Uses; scope of examination
10. Proof of service c. When may objections to admissibility be
H. MOTIONS made
1. Motions in general d. When may taking of deposition be
a. Definition of a motion terminated or its scope limited
b. Distinguish: motions and pleadings 2. Written interrogatories to adverse parties
c. Contents and form of motions a. Consequences of refusal to answer
d. Litigious and non-litigious motions; when b. Effect of failure to serve written
notice of hearing necessary interrogatories
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3. Request for admission a. Grounds

a. Implied admission by adverse party b. When to file
b. Consequences of failure to answer c. Denial of the motion; effect
request for admission d. Grant of the motion; effect
c. Effect of admission e. Remedy when motion is denied, fresh
d. Effect of failure to file and serve request 15-day period rule
for admission 2. Appeals in general
4. Production or inspection of documents or a. Judgments and final orders subject to
things appeal
5. Physical and mental examination of b. Matters not appealable
persons c. Remedy against judgments and orders
6. Consequences of refusal to comply with which are not appealable
modes of discovery d. Modes of appeal
O. TRIAL i. Ordinary appeal
1. Adjournments and postponements ii. Petition for review
2. Requisites of motion to postpone trial iii. Petition for review on certiorari
a. For absence of evidence e. Issues to be raised on appeal
b. For illness of party or counsel f. Period of appeal
3. Agreed statement of facts g. Perfection of appeal
4. Order of trial; reversal of order h. Appeal from judgments or final orders of
5. Consolidation or severance of hearing or the Metropolitan Trial Courts/Municipal
trial Trial Courts/Municipal Trial Courts in
6. Delegation of reception of evidence Cities/Municipal Circuit Trial Courts
7. Trial by commissioners i. Appeal from judgments or final orders of
a. Reference by consent or ordered on the Regional Trial Courts
motion j. Appeal from judgments or final orders of
b. Powers of the commissioner the Court of Appeals
c. Commissioner's report; notice to parties k. Appeal from judgments or final orders of
and hearing on the report the Sandiganbayan
P. DEMURRER TO EVIDENCE l. Appeal from judgments or final orders of
1. Ground the Court of Tax Appeals
2. Effect of denial m. Review of final judgments or final orders
3. Effect of grant of the Commission on Audit
4. Waiver of right to present evidence n. Review of final judgments or final orders
5. Distinguish: Demurrer to evidence in a civil of the Commission on Elections
case and demurrer to evidence in a o. Review of final judgments or final orders
criminal case of the Civil Service Commission
Q. JUDGMENTS AND FINAL ORDERS p. Review of final judgments or final orders
1. Judgment after pre-trial of the Ombudsman
2. Judgment without trial q. Review of final judgments or final orders
3. Judgment on the pleadings of the National Labor Relations
4. Summary judgments Commission
a. For the claimant r. Review of final judgments or final orders
b. For the defendant of quasi-judicial agencies
c. When the case not fully adjudicated 3. Relief from judgments, orders and other
d. Affidavits and attachments proceedings
5. Distinguish: judgment on the pleadings and a. Grounds for availing of the remedy
summary judgments b. Time to file petition
6. Contents of a judgment c. Contents of petition
7. Rendition of judgments and final orders 4. Annulment of Judgments or final orders and
8. Entry of judgment and final order resolutions
R. POST-JUDGMENT REMEDIES a. Grounds for annulment
1. Motion for new trial or reconsideration b. Period to file action
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c. Effects of judgment of annulment

5. Collateral attack of judgment
S. EXECUTION, SATISFACTION, AND EFFECT
OF JUDGMENTS
1. Difference between finality of judgment for
purposes of appeal; for purposes of
execution
2. When execution shall issue
a. Execution as a matter of right
b. Discretionary execution
3. How judgment is executed
a. Execution by motion or by independent
action
b. Issuance and contents of a writ of
execution
c. Execution of judgments for money
d. Execution of judgments for specific acts
e. Execution of special judgments
f. Effect of levy on third persons
4. Properties exempt from execution
5. Proceedings where property is claimed by
third persons; in relation to third party claim
in attachment and replevin
6. Rules on redemption
7. Examination of judgment obligor when
judgment is unsatisfied
8. Examination of obligor of judgment obligor
9. Effect of judgment or final orders
10. Enforcement and effect of foreign
judgments or final orders
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A. GENERAL PROVISIONS Keppel Philippines Mining Inc., GR No. 177382, 17

February 2016)
Applicability of the Rules of Court
The Rules shall apply in all the courts, except as
otherwise provided by the Supreme Court. (Sec. 2,
Rule 1). B. ACTIONS
Cases when the Rules are Available and Not 1. MEANING OF ORDINARY CIVIL ACTIONS
Available
Meaning of Actions and Ordinary Civil Actions
Cases where Rules are available:
An action is a formal demand of one's legal rights
1. Civil cases;
in a court of justice in the manner prescribed by
2. Criminal cases;
the court or by the law. It is the method of applying
3. Special Proceedings. (Sec. 3, Rule 1).
legal remedies according to definite established
rules. (Hagans v. Wislizenus, G.R. No. 16680,
Cases where Rules are not available
Sep. 13, 1920).
1. Election cases;
2. Land registration;
A civil action is one by which a party sues another
3. Cadastral;
for the enforcement or protection of a right or the
4. Naturalization;
prevention or redress of a wrong. (Sec. 3 (a)(1),
5. Insolvency proceedings; and
Rule 1).
6. Other cases not herein provided for.
Except by analogy or in a suppletory character and
An ordinary action includes those proceedings
whenever practicable and convenient. (Sec. 4,
which are instituted and prosecuted according to
Rule 1).
the ordinary rules and provisions relating to
actions at law or suits in equity. (Natcher v. Court
How Cases are Commenced
of Appeals, G.R. No. 133000, Oct. 2, 2001).
A civil action is commenced by the filing of the
original complaint in court. (Sec. 5, Rule 1).
A civil action may be either ordinary or special.
(Sec. 3 (a)(1), Rule 1).
If an additional defendant is impleaded in a later
pleading, the action is commenced with regard to
him on the date of the filing of such later 2. MEANING OF SPECIAL CIVIL ACTIONS
pleading, irrespective of whether the motion for its
admission, if necessary, is denied by the court. A special civil action contains special features
(Id.). not found in ordinary civil actions. It is also
governed by rules on ordinary civil actions, subject
Construction to specific rules (Rules 62-71) for special civil
The Rules are liberally construed in order to actions. (Id.).
promote their objective of securing a just, speedy,
and inexpensive disposition of every action and 3. MEANING OF CRIMINAL ACTIONS
proceeding. (Sec. 6, Rule 1).
A criminal action is one by which the State
Rule 1, Section 6 of the Rules of Court provides prosecutes a person for an act or omission
that the "rules shall be liberally construed in order punishable by law. (Sec. 3 (b), Rule 1).
to promote their objective of securing a just,
speedy and inexpensive disposition of every
action and proceeding.” However, resort to liberal
construction must be rational and well-grounded,
and its factual bases must be so clear such that
they outweigh the intent or purpose of an apparent
reading of the rules. (Viva Shipping Lines Inc., v.
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4. CIVIL ACTIONS VERSUS SPECIAL A personal action is transitory, i.e., its venue
PROCEEDINGS depends upon the residence of the plaintiff or the
defendant at the option of the plaintiff. An example
SPECIAL of such action is recovery of sum of money. (Sec.
CIVIL ACTIONS
PROCEEDINGS 2, Rule 4, supra).
One by which a party Remedy by which
sues another for the party seeks to 7. ACTIONS IN REM, IN PERSONAM, AND
enforcement or establish the status or QUASI IN REM
protection of a right or right of a party, or a
the prevention or particular fact. (Sec. 3 Actions in Rem
redress of a wrong. (c), Rule 1). An action in rem is:
(Sec. 3 (a)(1), Rule 1). 1. A proceeding to determine the state or condition
of a thing;
5. PERSONAL ACTIONS AND REAL 2. Directed against the thing itself;
ACTIONS 3. Jurisdiction over the person of the defendant is
not required; and
Real Actions, Defined 4. Judgment is binding on the whole world.
Real actions are those which affect title to or (Frias v. Alcayde, G.R. No. 194262, Feb. 28,
possession of real property or an interest therein. 2018).
(Sec. 1, Rule 4).
In an action in rem, jurisdiction over the res (or
For an action to be a real action, it is not enough thing) is acquired either: (a) by the seizure of the
that the action must deal with real property. It is property under legal process, whereby it is brought
important that the matter in litigation must involve into actual custody of the law; or (b) as a result of
or affect title to or possession of real property or the institution of legal proceedings, in which the
any interest therein. (RIANO, 2019, p. 216). power of the court is recognized and made
effective. (Alba v. Court of Appeals, G.R. No.
Personal Actions, Defined 164041, Jul. 29, 2005).
Personal actions are all other actions, except
criminal actions, not involving title to or possession Examples of actions in rem are: petition for
of real property or any interest therein. It involves adoption, correction of entries in the birth
actions in which personal property is sought to be certificate; or annulment of marriage; nullity of
recovered or damages for breach of contract are marriage; petition to establish illegitimate filiation;
sought. (Sec. 2, Rule 4). registration of land under the Torrens system; and
forfeiture proceedings. (Frias v. Alcayde, G.R. No.
Importance of Knowing the Distinction 194262, Feb. 28, 2018).
Between Real and Personal Actions
The distinction between real and personal action Nevertheless, in a proceeding in rem, summons
is important for the purpose of determining the must be served upon the defendant not for the
venue of the action and knowing which court has purpose of vesting the court with jurisdiction but
jurisdiction. (RIANO, 2019, p. 220). merely for satisfying the due process
requirements. (Gomez v. CA, G.R. No. 127692,
6. LOCAL AND TRANSITORY ACTIONS Mar. 10, 2004)
A real action is local, i.e., its venue depends upon Actions in Personam
the location of the property involved in the 1. An action to impose a responsibility or liability
litigation. It is filed in the court where the property upon a person directly.
or any part thereof is situated. (Sec. 1, Rule 4; 2. Directed against a particular person.
supra). 3. Jurisdiction over the person of the defendant is
required.
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4. Judgment is binding only upon the parties between the parties and does not bind the State or
impleaded or their successors in interest. the other riparian owners who may have an
(Frias v. Alcayde, G.R. No. 194262, Feb. 28, interest over the island involved herein. (Jagualing
2018). v. Court of Appeals, G.R. No. 94283, Mar. 4, 1991)
Where the action is in personam, that is, one Converting an Action In Personam to an Action
brought against a person on the basis of her In Rem or Quasi In Rem
personal liability, jurisdiction over the person of the If the defendant is a non-resident and, who
defendant is necessary for the court to validly remains beyond the range of the personal process
try and decide the case. Service of summons of the court and he refuses to come in voluntarily,
upon the defendants is essential in order for the the court never acquires jurisdiction over the
court to acquire jurisdiction over their persons. person at all. Here the property itself is in fact the
(Velayo-Fong v. Spouses Velayo, G.R. No. sole thing which is impleaded and is the
155488, Dec. 6, 2006). responsible object which is the subject of the
exercise of judicial power. It follows that the
Examples of actions in personam are: action for jurisdiction of the court in such case is based
collection of sum of money and damages; action exclusively on the power which, under the law, it
for unlawful detainer or forcible entry; action for possesses over the property. Upon acquisition of
specific performance; action to enforce a foreign jurisdiction over the property, the court can validly
judgment in a complaint for a breach of contract. hear the case. (El Banco Español-Filipino v.
(Frias v. Alcayde, G.R. No. 194262, Feb. 28, Palanca, G.R. No. L-11390, Mar. 26, 1918).
2018).
In converting an action in personam against a non-
Actions Quasi in Rem resident defendant, to an action in rem or quasi in
1. It is a proceeding, the purpose of which is to rem, jurisdiction over the res must be acquired by
subject the interest of a named defendant over attachment. (Perkin Elmer Singapore Pte Ltd. v.
a particular property to an obligation or lien Dakila Trading Corp., G.R. No. 172242, Aug. 14,
burdening it. 2007)
2. Directed against particular persons.
3. Jurisdiction over the person of the defendant is But it does not mean that notice or summons to the
not required as long as jurisdiction over the res parties interested is not necessary. Due process
is acquired. still requires that they be notified and given an
4. Judgment is binding upon the particular opportunity to defend their interest. (Gomez v. CA,
persons. (Id.). G.R. No. 127692, Mar. 10, 2004). This is satisfied
through extraterritorial service. (Sec. 17, Rule 14).
Similar to an action in rem, in actions quasi in rem,
jurisdiction over the person of the defendant is not Importance of Distinction Between Actions In
a prerequisite to confer jurisdiction on the court Rem, In Personam and Quasi In Rem
provided that the court acquires jurisdiction over The distinction between the three types of actions
the res. (Banco Do Brasil v. Court of Appeals, is important to determine:
G.R. Nos. 121576-78, Jun. 16, 2000). 1. Whether or not jurisdiction over the person of
the defendant is required;
Examples of actions quasi in rem: suits to quiet 2. The type of summons to be employed and how
title; actions for foreclosure; and attachment it is served; and
proceedings. (Frias v. Alcayde, G.R. No. 194262, 3. Upon whom judgment is binding.
Feb. 28, 2018).
An action quasi in rem is an action in personam

concerning real property. Thus, the judgment in
proceedings of this nature is conclusive only
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C. CAUSE OF ACTION of the primary rights of the plaintiff. (Sec. 2, Rule

2).
1. MEANING OF CAUSE OF ACTION
Right of Action
A cause of action is an act or omission of one “Right of action" is the right to commence and
party in violation of the legal rights of another. maintain an action. The right of action springs from
(Sec. 2, Rule 2). the cause of action but does not accrue until all the
facts which constitute the cause of action have
Every ordinary civil action must be based on a occurred. (Spouses Borbe v. Calalo, G.R. No.
cause of action. (Sec. 1 Rule 2). 152572, Oct. 5, 2007).
Elements of a Cause of Action (ROB): It is the right of a person to bring and prosecute an
1. Legal Right of the plaintiff; action to obtain a judgment, the elements of which
2. Correlative Obligation of the defendant to are as follows:
respect plaintiff’s right; 1. There must be a cause of action;
3. Act or omission (i.e. Breach) of the defendant in 2. Compliance with all the conditions precedents;
violation of plaintiff’s legal right. and
(Heirs of Spouses Mesina v. Heirs of Fian, Sr., 3. Action must be instituted by the proper party.
G.R. No. 201816, Apr. 8, 2013). (Turner v. Lorenzo Shipping Corp., G.R. No.
157479, Nov. 24, 2010).
Recall: The obligations referred to above are
those arising from: (Civil Code, Art. 1157): Performance or fulfillment of all conditions
1. Law precedent upon which a right of action depends
2. Contract must be sufficiently alleged, considering that the
3. Quasi-Contract burden of proof to show that a party has a right of
4. Delict action is upon the person initiating the suit.
5. Quasi-Delict (Philippine American General Insurance Co., v.
Sweet Lines, G.R. No. 87434, Aug. 5, 1992)
Even a third party outside the contract can have a
cause of action against either or both contracting
parties, provided all the above requisites are CAUSE OF ACTION RIGHT OF ACTION
present. (Camarines Sur IV Electric Cooperative, An act or omission of Right to commence
Inc. v. Aquino, G.R. No. 167691, 2008). one party in violation of and maintain an action.
the legal rights of
The phrase “financial and business difficulties” in another.
the complaint is a vague notion, ambiguous in Formal statement of A remedial right
concept. With no “particular injury” alleged in the operational facts that belonging to persons.
complaint, there is no delict or wrongful act or give rise to remedial
omission attributable to the petitioner that would rights.
violate the primary rights of the respondent; thus, Governed by Governed by
there is failure to state a cause of action. (Vinzons- substantive law. procedural law.
Chato v. Fortune, G.R. No. 141309, December 23, The reason for the The remedy afforded.
2008) action.
Not affected by May be lost or waived
2. DISTINGUISH: RIGHT OF ACTION AND affirmative defenses. due to affirmative
CAUSE OF ACTION defenses.
(Multi-Realty Development Corp. v. Makati
Tuscany Condominium Corp., G.R. No. 146726,
Cause of Action
Jun. 16, 2006; Turner v. Lorenzo Shipping Corp.).
A cause of action is a delict or wrongful act or
omission committed by the defendant in violation
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3. DISTINGUISH: FAILURE TO STATE A

CAUSE OF ACTION AND LACK OF CAUSE FAILURE TO STATE
LACK OF CAUSE
OF ACTION A CAUSE OF
OF ACTION
ACTION
Failure to State a Cause of Action
Insufficiency of the Insufficiency of the
The failure to state a cause of action refers to allegations in the factual basis for the
insufficiency of allegation in the pleading. Its pleading. action.
examination is limited to the complaint, whether it
Raised before a Raised after the
contains an averment of the 3 essential elements
responsive pleading plaintiff has rested its
of a cause of action. The test is whether or not,
has been filed. case.
admitting hypothetically the allegations of fact
Remedy is to raise the Remedy is to file a
made in the complaint, a judge may validly grant
same as an Demurrer to Evidence
the relief demanded. (Philippine National Bank v.
affirmative defense in under Rule 33, Sec. 1.
Abello, G.R. No. 242570, Sep.18, 2019).
the answer. (see Sec.
12, Rule 8).
If the allegations of the complaint do not state the
(Asia Brewery, Inc. v. Equitable PCI Bank, G.R.
concurrence of the elements of a cause of action,
No. 190432, Apr. 25, 2017).
the complaint becomes vulnerable to a motion to
dismiss on the ground of failure to state a cause of 4. TEST OF SUFFICIENCY OF A CAUSE OF
action. (Zuñiga-Santos v. Santos-Gran, G.R. No. ACTION
197380, Oct. 8, 2014).
The cause of action in a complaint is not what the
NOTE: Under the 2019 Amendments, failure to designation of the complaint states, but what the
state cause of action is now an affirmative defense allegations in the body of the complaint define and
(see Sec. 12, Rule 8), and a motion to dismiss is describe.. (Dela Cruz v. Court of Appeals, G.R.
now a prohibited pleading, save for certain No. 139442, Dec. 6, 2006).
grounds (see, Sec. 12, Rule 15).
The test of the sufficiency of the facts alleged in
Lack of Cause of Action the complaint as constituting a cause of action is
Lack of cause of action refers to the insufficiency whether or not admitting the facts alleged, the
of factual basis for the action. (Philippine National court could render a valid verdict in accordance
Bank v. Abello, G.R. No. 242570, Sep.18, 2019). with the prayer of the complaint. (see Misamis
Occidental II Cooperative v. David, G.R. No.
In a dismissal due to lack of cause of action, the 129928, Aug. 25, 2005)
court, in effect, declares that the plaintiff is not
entitled to a favorable judgment for failure to If the allegations in the complaint furnish sufficient
substantiate his or her cause of action by basis by which the complaint can be maintained,
preponderance of evidence. Considering that the same should not be dismissed regardless of
questions of fact are involved, the dismissal of the the defense that may be raised by the defendants.
complaint due to "lack of cause of action" is usually (Ceroferr Realty Corp. v. Court of Appeals, G.R.
made after trial, when the parties are given the No. 139539, 2002)
opportunity to present all relevant evidence on
such question of fact. (Id.). In order to sustain a dismissal on the ground of
lack of cause of action, the insufficiency must
If the plaintiffs claim lacks a cause of action, the appear on the face of the complaint. And the test
procedural recourse is for the respondent to raise of the sufficiency of the facts alleged in the
such ground in a demurrer to evidence taken only complaint to constitute a cause of action is
after the plaintiff's presentation of evidence. whether or not, admitting the facts alleged, the
(Zuñiga-Santos v. Santos-Gran, G.R. No. 197380, court can render a valid judgment thereon in
Oct. 8, 2014). accordance with the prayer of the complaint.
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(Danfoss, Inc v Continental Cement Corp, G.R. Test to Determine Singleness of Cause of
No. 143788, Sep. 9, 2005). Action
The true rule which determines whether a party
In determining the sufficiency of stating the cause has only a single and entire cause of action, or has
of action, to be taken into account are only the a severable demand for which he may maintain
material allegations in the complaint; extraneous separate suits, is whether the entire amount arises
facts and circumstances or other matters aliunde from one and the same act or contract or the
are not considered. Nevertheless, the court may several parts arise from distinct and different acts
consider in addition to the complaint the appended or contracts. (BPI Family v. Vda. De Coscolluela,
annexes or documents, other pleadings of the G.R. No. 167724, Jun. 27, 2006).
plaintiff, or admissions in the records. (Spouses
Zepeda v. China Banking Corp., G.R. No. 172175, When the facts clearly show that the filing of the
Oct. 9, 2006). first ejectment case was grounded on the violation
of stipulations in the lease contract, while the filing
Anticipatory Breach of the second case was based on the expiration of
An anticipatory breach may occur, for example, if the lease contract, the dismissal of the civil action
the obligor manifests an unqualified and positive would not prosper.
refusal to perform a contract, though the
performance of the same is not yet due, and the To ascertain whether two suits relate to a single or
renunciation goes to the whole contract, it may be common cause of action, several tests exist:
treated as a complete breach, which will entitle the 1. Whether the same evidence would support and
injured party to bring his action at once. (Blossoms sustain both the first and second causes of
& Co. v. Manila Gas Corporation, G.R. No. L- action (same evidence test);
32958, 1930) 2. Whether the defenses in one case may be used
to substantiate the complaint in the other.
5. SPLITTING A SINGLE CAUSE OF ACTION 3. Whether the cause of action in the second case
AND ITS EFFECTS existed at the time of the filing of the first
complaint. (Umale v. Canoga, G.R. No.
Effect of Splitting Cause of Action 167246, Jul. 20, 2011)
A party may not institute more than 1 suit for a
single cause of action. If two or more suits are Divisible Contracts
instituted on the basis of the same cause of action, General Rule: A contract embraces only one
the filing of one or a judgment upon the merits in cause of action because it may be violated only
any one is available as a ground for the dismissal once even if it contains several stipulations.
of the others on the ground of res judicata or litis (Quiogue v. Bautista, G.R. No. L-13159, Feb. 28,
pendentia. (Secs 3 & 4, Rule 2; Sec. 12, Rule 15). 1962)
NOTE: If the first action is pending when the Exception: A contract to do several things at
second action is filed, the latter may be dismissed several times is divisible by its nature. This kind of
based on LITIS PENDENTIA. obligation authorizes successive actions and a
judgment recovered for a single breach does not
If a final judgment had been rendered in the first bar a suit for a subsequent breach. (Blossoms &
action when the second action is filed, the latter Co. v. Manila Gas Corporation, G.R. No. L-32958,
may be dismissed based on RES JUDICATA. 1930)
Splitting of a single cause of action violates the Exception to the exception: When a contract of
policy against multiplicity of suits. (Dynamic lease provides for the payment of the rent in
Builders & Construction Co. v. Presbitero, G.R. separate installments, each installment may be
No. 174202, Apr. 7, 2015). considered an independent cause of action, but in
an action upon such a lease for the recovery of
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rent, the installments due at the time the action (Flores v. Mallare-Philipps, G.R. No. L-66620,
was brought must be included in the complaint, Sep. 24, 1986).
and failure to do so constitutes a bar to a
subsequent action for such overdue rent. (Larena However, the joinder of causes of action does
v. Villanueva, G.R. No. L-29155, 1928) NOT include special civil actions or those actions
governed by special rules, i.e., ejectment, REM
Prohibition Applies to Other Pleadings foreclosure and partition. (Sec. 5, Rule 2).
It is to be noted that splitting a cause of action is
NOT allowed by the Rules of Court and such Misjoinder of Causes of Action
prohibition applies not only to complaints but also There is misjoinder of causes of action when the
to counterclaims and cross-claims. (Mariscal v. conditions for joinder under Section 5, Rule 2 are
CA, G.R. No. 123926, 1999) not met. (Spouses Perez v. Hermano, G.R. No.
147417, Jul. 8, 2005).
6. JOINDER AND MISJOINDER OF CAUSES
OF ACTION When there is a misjoinder of causes of action, the
erroneously joined cause of action can be severed
Joinder of Causes of Action from the rest of the causes of action and may
Joinder of causes of action is the assertion of as proceed separately upon motion by a party or
many causes of action as a party may have upon the court’s own initiative. (Rule 2, Sec. 6)
against another in one pleading alone. It is not
compulsory, but merely permissive. (RIANO, When after severance, the case falls outside the
2019, p. 208; Sec. 5, Rule 2). jurisdiction of the court, the case may be
dismissed motu propio or on motion for lack of
A party may in one pleading assert, in the jurisdiction. (Sec. 1, Rule 9)
alternative or otherwise, as many causes of action
as he may have against an opposing party, subject If no one objects to the misjoinder, it would be tried
to the following conditions: and decided together with the other causes of
The party joining the causes of action shall comply action. (Ada v. Baylon, G.R. No. 182432, 2012).
with the rules on joinder of parties, to wit:
The right to relief should arise out of the SAME Misjoinder of causes of action and parties do not
transaction or series of transactions; and involve a question of jurisdiction of the court to
That there exists a question of law or fact common hear and proceed with the case. They are not even
to ALL parties; accepted grounds for dismissal thereof. Instead,
The joinder shall not include special civil actions or under the Rules of Court, the misjoinder of causes
actions governed by special rules; of action and parties involve an implied admission
Where the causes of action are between the same of the court's jurisdiction. (Republic v. Herbieto,
parties but pertain to different venues or G.R. No. 156117, May 26, 2005).
jurisdictions, the joinder may be allowed in the
Regional Trial Court provided one of the causes of But if a party, despite the order from the court, fails
action falls within the jurisdiction of said court and or refuses to sever the misjoined causes of action,
the venue lies therein; and the complaint is dismissible under Rule 17, Sec. 3
Where the claims in all the causes action are of the Rules of Court. (RIANO, 2019, p. 212).
principally for recovery of money, the aggregate
amount claimed shall be the test of jurisdiction.
(Sec. 5, Rule 2).
D. PARTIES TO CIVIL ACTION
When there are two or more defendants, or one or
more plaintiffs, the causes of action against the Who May Be Parties
defendants can only be joined if there is Only the following may be parties to a civil action
compliance with the rules on joinder of parties. 1. Natural persons;
2. Juridical persons; and
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3. Entities authorized by law. (Sec. 1, Rule 3). Who are Plaintiffs and Defendants
PLAINTIFF DEFENDANT
A complaint commenced by a plaintiff not
authorized to be a party to a case can be raised as Generally refers to the Does not only refer to
an affirmative defense based on the ground of lack claiming party or more the original defending
of legal capacity to sue. (Sec. 12, Rule 8). appropriately, the party.
original claiming
Juridical Persons as Parties party, and is the one
The following are juridical persons under the law: who files the
1. The State and its political subdivisions; complaint.
2. Other corporations, institutions, and entities for
public interest or purpose, created by law; The term may refer to If a counterclaim is
and the claiming party, the filed against the
3. Corporations, partnerships, and associations for counter-claimant, the original plaintiff, the
private interest or purpose, to which the law cross-claimant or the latter becomes a
grants a juridical personality separate and third-party plaintiff. defendant and the
distinct from its shareholders, partners, or former, a plaintiff in the
members. (Art. 44, Civil Code). counterclaim.
(Sec. 1, Rule 3).
Entities Authorized by Law to be Parties
One need not be a natural or juridical person to be Defenses When a Party Impleaded is Not
a party to a civil action, so long as it is authorized Authorized to be a Party:
by law to be such. Examples of such entities are:
1. Corporation by estoppel; 1. If PLAINTIFF- raise an affirmative defense in
2. Partnership which failed to comply with the answer that the plaintiff has no legal capacity
registration requirements; to sue. (Sec. 12, Rule 8).
3. Estate of a deceased person;
4. Legitimate labor organization; Note: Under the 2019 Amendments, the plaintiff’s
5. The Roman Catholic Church; lack of legal capacity to sue is no longer a ground
6. Dissolved corporation prosecuting and for a motion to dismiss (See Sec. 12, Rule 15 of
defending suits within 3 years from its the New Rules) It is now considered an affirmative
dissolution pursuant to its liquidation; defense (See Sec. 12, Rule 8 of the New Rules).
7. Partnership in the exercise of a profession. Rule 16 on Motions to Dismiss under the 1997
(RIANO, 2019, p. 236); Rules has been deleted.
When two or more persons not organized as an 2. If DEFENDANT- raise an affirmative defense
entity without juridical personality enter into a that the pleading states no cause of action. (Sec.
transaction, they may be sued under the name by 12, Rule 8).
which they are generally or commonly known.
(Sec. 15, Rule 3). 1. REAL PARTIES IN INTEREST;
INDISPENSABLE PARTIES;
An unlicensed foreign corporation doing business REPRESENTATIVES AS PARTIES;
in the Philippines cannot sue before Philippine NECESSARY PARTIES; INDIGENT
courts. On the other hand, an unlicensed foreign PARTIES; ALTERNATIVE DEFENDANTS
corporation not doing business in the Philippines
can sue before Philippine courts in cases involving Real Party-in-Interest
an isolated transaction. (Van Zuiden v. GTVL, One who stands to be benefited or injured by the
G.R. No. 147905, 2007) judgment in the suit, or the party entitled to the
avails of the suit. (Sec. 2, Rule 3).
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Every action must be prosecuted and defended in rescinded when the creditors cannot collect the
the name of the real party-in-interest. (Id.). claims due them. (Civil Code, Art. 1177)
The interest must be real, which is a present Examples Involving Real Parties in Interest
substantial interest as distinguished from a mere 1. In one case, the Court debunked the petitioners’
expectancy or a future, contingent, subordinate, or contention that they are not real parties-in-
consequential interest. (Rayo v. Metrobank, G.R. interest since they are not parties nor
No. 165142, Dec. 10, 2007) signatories to the contract and hence should
not have been impleaded as defendants. It is
The purposes of the requirement for the real party- undeniable that petitioner Chan is an heir of
in-interest prosecuting or defending an action at Ramon Chan and, together with petitioner Co,
law are: was a successor-in-interest to the restaurant
i. To prevent the prosecution of actions by persons business of the late Ramon Chan. Both
without any right, title or interest in the case; continued to operate the business after the
ii. To require that the actual party entitled to legal death of Ramon. Thus, they are real parties-in-
relief be the one to prosecute the action; interest in the case filed by private respondent,
iii. To avoid a multiplicity of suits; and notwithstanding that they are not signatories to
iv. To discourage litigation and keep it within the Contract of Lease. (Sui Man Hui Chan v.
certain bounds, pursuant to sound public CA, G.R. No. 147999, Feb. 27, 2004);
policy. (Stronghold Insurance Company, Inc. v. 2. A lawful possessor (who is not the owner) who
Cuenca, G.R. No. 173297, 2013) was disturbed of his possession can bring an
action to recover possession. (Phil. Trust
Determining the Real Party-in-Interest Company v. CA, G.R. No. 124658, Dec. 15,
The determination of who is the real party-in- 1999);
interest requires consideration of the elements of 3. Unless otherwise authorized by a special power
a cause of action. A cause of action involves the of attorney, an agent may not file a suit on
existence of a right and a violation of such right. behalf of the principal as he is not the real
Thus, the owner of the right violated stands as the party-in-interest. (Art. 1878, Civil Code);
real party-in-interest as plaintiff, and the person 4. Any one of the co-owners may bring an action
responsible for violation is the real party in interest for ejectment (Art. 487, Civil Code);
as defendant. (RIANO, 2019, p. 239). 5. Condominium unit owners and residents thereof
affected by the oil leaks of the pipelines of the
If a suit is brought not against a real party-in- defendant may sue as real parties-in-interest.
interest, a motion to dismiss (now an affirmative (West Tower Condominium, et.al., v. First Phil.
defense) may be filed on the ground that the Industrial Condominium, G.R. No. 194239,
complaint states no cause of action. (Sps. Laus v. Jun. 16, 2015).
Optimum Security Services, Inc., G.R. No.
208343, Feb. 3, 2016). Locus Standi vs. Real Party-in-Interest
Legal standing or locus standi refers to a party's
General Rule: Only parties to a contract may sue. personal and substantial interest in a case, arising
from the direct injury it has sustained or will
Exceptions: sustain as a result of the challenged
1. A beneficiary of a stipulation pour autrui may governmental action. (Chamber of Real Estate
demand fulfillment of the contract. (Civil Code, and Builders' Association, Inc. v. Energy
Art. 1311) A beneficiary is a real party-in- Regulatory Commission, G.R. No. 174697, July 8,
interest/indispensable party. 2010).
2. Those who are not principally or subsidiarily
obligated in a contract may show the detriment Locus standi calls for more than just a generalized
that could result from it i.e., when contracts grievance. The term "interest" means a material
entered into in fraud of creditors may be interest, an interest in issue affected by the
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decree, as distinguished from mere interest in the Meanwhile, a party is not indispensable if his
question involved, or a mere incidental interest in the controversy or subject matter is
interest.|||(Abaya v. Ebdane, Jr., G.R. No. 167919, distinct and divisible from the interest of the other
Feb. 14, 2007) parties and will not necessarily be prejudiced by a
judgment which does complete justice to the
Standing is a peculiar concept in constitutional law parties in court. (Benedicto v. Cacho, G.R. No.
because in some cases, suits are not brought by 179121, Nov. 9, 2015)
parties who have been personally injured by the
operation of a law or any other government act but Effect of Absence of Indispensable Party
by concerned citizens, taxpayers or voters who Absence of an indispensable party renders all
actually sue in the public interest. (Agan, Jr. v. subsequent actions of the court null and void for
Philippine International Air Terminals Co., Inc., want of authority to act, not only as to the absent
G.R. No 155001, May 5, 2003). parties but even as to those present. (MWSS v.
Court of Appeals, G.R. No. 126000, Oct. 7, 1998)
On the other hand, a real party in interest involves
private suits, wherein he is "the party who would Failure to implead an indispensable party makes
be benefited or injured by the judgment, or the available the affirmative defense of failure to state
'party entitled to the avails of the suit. (Kilosbayan, a cause of action. (Sec. 12, Rule 8)
Inc. v. Morato, G.R. No. 118910, July 17, 1995)
Outright dismissal is not the immediate remedy for
REAL PARTY-IN- failure to implead an indispensable party because
LOCUS STANDI under the Rules, non-joinder or misjoinder is not a
INTEREST
ground to dismiss, and parties may be dropped or
Refers to a party’s Refers to a party who added at any stage upon motion of any party or on
personal or stands to be benefited court’s own initiative (see Sec. 11, Rule 3); only
substantial interest of or injured by the when the order of the court to implead an
a case involving a judgment in a private indispensable party goes unheeded may the case
government action. suit, or the party be dismissed (see Sec. 3, Rule 17).
entitled to the avails of
the same. Compulsory Joinder of Indispensable Party
Parties in interest without whom no final
May be relaxed when May not be relaxed, determination can be had of an action shall be
brought by taxpayers, and a suit brought by a joined either as plaintiffs or defendants. (Sec. 7,
citizens, voters, or party not a real party in Rule 3).
lawmakers pursuant interest is subject to
to public interest. the affirmative defense Thus, it is mandatory to implead indispensable
of lack of capacity to parties to the suit. If it appears to the court that an
sue (plaintiff) or failure indispensable party has not been joined, it is its
to state a cause of duty to stop the trial and order the inclusion of such
action (defendant). party. The responsibility to implead rests on the
plaintiff, and the defendant has no right to compel
Indispensable Party the plaintiff to prosecute the action against a party
A real party-in-interest without whom NO FINAL if he does not wish to do so, but the latter is to
DETERMINATION can be had of an action. They suffer the consequences of any error he might
are those with such an interest in the controversy commit in exercising his option. (Uy v. CA, GR.
that a final adjudication cannot be made, in his 157065, Jul. 11, 2006).
absence, without injuring or affecting that interest.
(Sec. 7, Rule 3). NOTE: While the general rule is that joinder of
parties is permissive, it becomes compulsory
when the one involved is an indispensable party.
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Examples Involving Indispensable Parties who, by the substantive law has the right sought to
1. In an action for the cancellation of memorandum be enforced. Nowhere in Rule 3, Sec. 3 is it stated
annotated at the back of a certificate of title, the or implied that the representative is likewise
persons considered as indispensable include deemed as the real party in interest. The Rule
those whose liens appear as annotations simply states that in actions which are allowed to
pursuant to Section 108 of Presidential Decree be prosecuted or defended by a representative,
(PD) No. 1529. (Crisologo v. JEWM Agro, G.R. the beneficiary shall be deemed the real party in
No. 196894, Mar. 32014); interest and hence, should be included in the title
2. In a suit for breach of contract, the contracting of the case. (Ang v. Ang, G.R. No. 186993, 2012)
parties are indispensable parties (St. Luke’s
College of Medicine v. Sps. Perez, G.R. No. If a complaint is filed for and on behalf of the
222740, Sep. 28, 2016); plaintiff [by one] who is not authorized to do so, the
3. The registered owner of a lot whose title the complaint is not deemed filed. An unauthorized
plaintiff seeks to nullify is an indispensable complaint does not produce any legal effect.
party (Tumagan v. Kairuz, G.R. No. 198124, Hence, the court should dismiss the complaint on
Sep. 12, 2018); the ground that it has no jurisdiction over the
4. In an action for partition of real property, the co- complaint and the plaintiff (Palmiano-Salvador v.
heirs and persons having interest in the Angeles, G.R. No. 171219, 2012)
property are indispensable parties.
(Divinagracia v. Parilla, G.R. No. 196750, Mar. Grandchildren-heirs will only be deemed to have a
11, 2015); material interest over the subject land - and the
5. A transferee pendente lite is not an rest of the decedent’s estate for that matter - if the
indispensable party because in any event he right of representation provided under Article
will be bound by the judgment against his 970, in relation to Article 982, of the Civil Code is
predecessor (Santiago Land Dev. Corp. v. CA, available to them. In this situation, representatives
GR No. 106194, Jan. 28, 1997); will be called to the succession by the law and not
6. A person whose right to the office is challenged by the person represented; and the representative
(quo warranto) is an indispensable party does not succeed the person represented but the
(Galarosa v. Valencia, G.R. No. 109455, Nov. one whom the person represented would have
11, 1993). succeeded. (Ang v. Pacunio, G.R. No. 208928,
7. In a joint obligation, a joint debtor is not an 2015)
indispensable party in the suit against his co-
debtor/s. (Art. 1208, Civil Code). Necessary Party
(RIANO, 2019, pp. 250-252). A necessary party is one who is not indispensable
but who ought to be joined as a party if complete
Representatives as Parties relief is to be accorded as to those already parties,
Even where the action is allowed to be prosecuted or for a complete determination or settlement of
or defended by a representative party or someone the claim subject of the action; he should
acting in a fiduciary capacity, the beneficiary shall nevertheless be joined whenever possible. (Sec.
be included in the title of the case and shall be 8, Rule 3; Law Firm of Laguesma Magsalin
deemed to be the real party in interest (Sec. 3, Consulta and Gastardo v. Commission on Audit,
Rule 3.) G.R. No. 185544, 2015)
NOTE: Impleading the beneficiary as a party is Effect of Non-Joinder of Necessary Parties

mandatory. The non-inclusion of a necessary party does NOT
prevent the court from proceeding in the action,
The attorney-in-fact of the principal plaintiff filed and the judgment rendered therein shall be without
the complaint in his residence. An attorney-in-fact prejudice to the rights of such necessary party.
is not a real party in interest. Hence, his residence (Sec. 9, Rule 3; Agro Conglomerates, Inc. v. CA,
is immaterial. A real party-in-interest is the party G.R. No. 117660, Dec. 18, 2000).
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Indigent Party
Whenever a necessary party is not joined, the A party may be authorized to litigate as an indigent
pleader shall set forth his: if the court is satisfied that the party is one who has
1. Name, if known; and no money or property sufficient and available for
2. Shall state why he is omitted. (Sec. 9, Rule 3). food, shelter and basic necessities. (Sec. 21, Rule
3).
Should the court find the reason for the omission
unmeritorious, it may order the inclusion of the The application and the hearing to litigate as an
omitted necessary party if jurisdiction over his indigent litigant may be made ex parte. (Id.).
person may be obtained. (Id.).
When an application to litigate as an indigent
The failure to comply with the order for his litigant is filed, the court shall determine if the
inclusion, without justifiable cause, shall be applicant complies with the income and property
deemed a waiver of the claim against the standards prescribed in the present Section 19 of
necessary party. (Id.). Rule 141—that is:
1. The applicant’s gross income and that of the
Distinction Between an Indispensable and a applicant’s immediate family do not exceed an
Necessary Party amount double the monthly minimum wage
INDISPENSABLE NECESSARY PARTY of an employee; and
PARTY 2. The applicant does not own real property with a
fair market value of more than P300,000, as
Must be joined under Should be joined stated in the current tax declaration. (Sec. 19,
any and all conditions. whenever possible. Rule 141).
No final decree can be A final decree can be Further, the applicant must:
had in case of his or had despite his or her 1. Execute an affidavit stating he falls within the
her absence. absence. income and property value thresholds;
2. Such affidavit must be supported by:
Decision rendered Decision rendered
a. Affidavit of a disinterested person attesting
without impleading the when necessary not
to such fact;
indispensable party is impleaded is still valid,
b. The current tax declaration, if any, which
null and void. without prejudice to
shall be attached to the indigent’s affidavit.
the rights of such
party.
If the trial court finds that the applicant meets the
(RIANO, 2019, p. 255). income and property requirements, the authority to
litigate as indigent litigant is automatically granted
Examples Involving Necessary Parties and the grant is a matter of right. However, if the
1. A joint debtor in a joint obligation is merely a trial court finds that one or both requirements have
necessary party because each debt is separate not been met, then it would set a hearing to enable
and distinct from the other. However, the the applicant to prove that the applicant has “no
creditor cannot collect the entire debt unless all money or property sufficient and available for food,
joint debtors are impleaded. (RIANO, 2019, shelter and basic necessities for himself and his
p.256); family.” (Spouses Algura v. City of Naga, G.R. No.
2. Where the obligation of the parties is solidary, 150135, Oct. 30, 2006).
either of the parties is indispensable, and the
other is not even a necessary party because Only a natural party litigant may be regarded as
complete relief is available from either. (Cerezo an indigent litigant. (Re : Query of Mr. Roger C.
v. Tuazon, G.R. No. 141538, 2004) Prioreschi, A.M. No. 09-6-9-SC, Aug. 19, 2009).
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Exemption of Indigent Party from Fees 2. COMPULSORY AND PERMISSIVE

If one is authorized to litigate as an indigent, such JOINDER OF PARTIES
authority shall include an exemption from the
payment of: General Rule: Joinder of parties is not
1. Docket fees; compulsory, but merely permissive.
2. Other lawful fees; and
3. Transcripts of stenographic notes which the Exception: When it refers to joinder of
court may order to be furnished by him. (Sec. indispensable parties. (Sec. 7, Rule 3).
21, Rule 3).
Compulsory Joinder of Parties
However, the amount of the docket and other The joinder of parties is compulsory if the parties
lawful fees, which the indigent was exempt from to be joined are indispensable parties. (Id.).
paying, shall be lien on the judgment rendered in
the case favorable to the indigent, unless the Note: See prior discussions on Compulsory
court otherwise provides. (Id.). Joinder of Indispensible Parties.
Consequences of Falsity Committed by the Permissive Joinder of Parties

Indigent Litigant A permissive joinder of parties is allowed when the
Any falsity in the affidavit of the litigant or following is complied with:
disinterested person shall cause: 1. The right to relief should arise out of the SAME
1. The dismissal of the complaint or action; transaction or series of transactions; and
2. The striking out of the indigent litigant’s 2. That there exists a question of law or fact
pleading; and common to ALL parties. (Sec. 6, Rule 3;
This is without prejudice to any criminal liability Central Bank Board of Liquidators v. Banco
that may have been incurred. (Sec. 19, Rule Filipino Savings and Mortgage Bank, G.R. No.
141). 173399, Feb. 21, 2017).
Alternative Defendant Note that there must be at least two or more

Where the plaintiff cannot definitely identify who plaintiffs and/or defendants to be joined. (RIANO,
among two or more persons should be impleaded 2019, p. 210)
as a defendant, he may join all of them as
defendants in the alternative, although a right to But the court may make such orders as may be
relief against one may be inconsistent with a right just to prevent any party from:
of relief against the other. (Rule 3, Sec. 13) a. Being embarrassed; or
b. Put to expense in connection with any
Spouses as Parties proceedings in which he may have no interest.
Husband and wife shall sue or be sued jointly, (Sec. 6, Rule 3).
except as provided by law. (Sec. 4, Rule 3).
NOTE: Same transaction means that it pertains to
Under the 2019 Amendments, when the spouses transactions connected with the same subject
are sued jointly, summons must nevertheless be matter of the suit.
served on each of them individually. (Sec. 11,
Rule 14). Examples of Permissive Joinder of Parties
i. A is the passenger of the bus owned by B and
Minors or Incompetents as Parties driven by C. Due to the negligent driving of C,
A suit may be brought by OR against a minor or a A suffered injuries. Here, A may join B and C
person alleged to be incompetent with the as defendants in a complaint for quasi-delict;
assistance of his parents or his guardian. (Rule 3, ii. D1 and D2 signed a promissory note in favor of
Sec. 5) C for P1 million. By law, D1 and D2 are joint
debtors, unless otherwise indicated.
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Nevertheless, C may join D1 and D2 as An action does not become a class suit merely
defendants in a collection suit. because it is designated as such in the pleadings;
(RIANO, 2019 p.210). it depends upon the attendant facts. (Banda v.
Ermita, G.R. No. 166620, Apr. 20, 2010).
3. MISJOINDER AND NON-JOINDER OF
PARTIES Courts must exercise utmost caution before
allowing a class suit, which is the exception to the
Misjoinder of Parties requirement of joinder of all indispensable parties.
A party is MISJOINED when he is made a party to A quandary may result if the decision was
the action although he should not be impleaded. unfavorable as those who were deemed
(supra at 254). impleaded by their self-appointed representatives
would certainly claim denial of due process.
Non-Joinder of Parties (Manila International Airport Authority v. Rivera
A party is NOT JOINED when he is supposed to Village Lessee Homeowners Association, Inc.,
be joined but is not impleaded in the action. (Id.). G.R. No. 143870, Sep. 30, 2005).
Effect of Misjoinder or Non-Joinder of Parties Requisites of a Class Suit:

Neither of the two is a ground for the dismissal of For a class suit to prosper, the following must
an action, as parties may be dropped or added by concur:
order of the court or on motion of any party OR on 1. Subject matter of the controversy of common
its own initiative at any stage of the action and on or general interest to many persons;
such terms as are just. (Sec. 11, Rule 3). 2. Persons are so numerous that it is
impracticable to join all as parties;
Only when the party fails to obey the order of 3. The parties actually before the court are
dropping or adding parties can the court order the sufficiently numerous and representative;
dismissal of the case. (Sec. 3, Rule 17). and
4. The representatives sue or defend for the
Unwilling Co-Plaintiff benefit of all. (Juana Complex I Homeowners
If the consent of any party who should be joined as Association v. Fil-Estate Land, G.R. No.
plaintiff cannot be obtained, he may be made a 152272, Mar. 5 2012).
defendant and the reason therefor shall be stated
in the complaint. (Sec. 10, Rule 3). Common Interest in a Class Suit
As a requisite for a class suit to prosper, common
4. CLASS SUIT
interest in the subject matter (e.g., money, land,
Nature of a Class Suit chattel) of the litigation is required. It does not
A class suit is an action where one or more may pertain to the delict or wrong committed by the
sue for the benefit of all if the requisites for said defendant. (Arigo v. Swift, G.R. No. 206510, Sep.
action are complied with. (RIANO, 2019, p. 267). 16, 2014).
A class suit is a representative suit insofar as the Adequacy of Representation in a Class Suit
persons who institute it represent the entire class In determining the question of fair and adequate
of persons who have the same interest or who representation of members of a class, the court
suffered the same injury. However, unlike must consider:
representative suits, the persons instituting a class i. Whether the interest of the named party is
suit are not suing merely as representatives. They coextensive with the interest of the other
themselves are real parties in interest directly members of the class;
injured by the acts or omissions complained of. ii. The proportion of those that were made a party,
(Paje v. Casiño, G.R. No. 207257, Feb. 3, 2015). as it so bears, to the total membership of the
class; and
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iii. Any other factor bearing on the ability of the 5. SUITS AGAINST ENTITIES WITHOUT
named party to speak for the rest of the class. JURIDICAL PERSONALITY
(Banda v. Ermita, G.R. No. 166620, Apr. 20,
2010) When two or more persons not organized as an
entity with juridical personality enter into a
Examples Involving Class Suits transaction, they may be sued under the name by
i. The Court upheld the institution of a class suit in which they are generally or commonly known.
a case against a developer where its (Sec. 15, Rule 3).
excavation and other activities led to the
closure of a common road. The plaintiffs are The responsive pleading of the entity sued must
commuters and motorists who regularly use the disclose the names and addresses of its members
said road and that its permanent closure would since they are the persons ultimately liable to the
cause them great and irreparable injury. (Juana plaintiff. (Id.).
Complex I Homeowners Assoc. v. Fil-Estate
Land, Inc. G.R. No. 152272); 6. EFFECT OF DEATH OF PARTY LITIGANT
ii. There can be no class suit in an action for
Effect of Death of a Party on the Attorney-
damages filed by the relatives against the
Client Relationship
airline owner in a plane crash. There is no
Juridical capacity and civil personality are
common or general interest in the injuries or
extinguished upon death of a person. (Arts. 37 &
death of the passengers, and separate
42, Civil Code).
interests must be proven individually; (RIANO
2019, p. 269);
Attorney-client relationship is terminated upon the
iii. There can be no class suit where the interests
client's death. A dead client has no personality and
of the plaintiffs are conflicting (Ibañes v. Roman
cannot be represented by an attorney. (Borlongan
Catholic Church; G.R. No. L-4695, Dec. 12,
v. Buenaventura, G.R. No. 167234, Feb. 27,
1908);
2006).
iv. There can be no class suit filed by a corporation
on behalf of its members for the recovery of
Neither does the counsel become the counsel of
parcels of land belonging to its members (Sulo
the heirs of the deceased, unless said heirs
ng Bayan, Inc. v. Araneta, G.R. No. L-31061,
engage his services. (Lawas v. Court of Appeals,
Aug. 17, 1976);
G.R. No. L-45809, Dec. 12, 1986).
v. There is no common or general interest of the
plaintiffs in a suit against a libelous article. Each
Duty of Counsel Upon Death of Client
of the plaintiffs has a separate and distinct
Whenever a party to a pending action dies, and the
reputation not shared with others. NT
claim is not thereby extinguished, it shall be the
(Newsweek, Inc. v. Intermediate Appellate
duty of his counsel to:
Court, G.R. No. L-63559, May 30, 1986);
1. Inform the court within 30 days after such death
vi. There is a class suit in an action filed to cancel
of the fact thereof, and
the timber license agreements granted by the
2. Give the name and address of his legal
defendants and forthwith enjoin them from
representative or representatives.
issuing further timber license agreements.
Failure of counsel to comply with this duty shall be
There is a common and general interest in the
a ground for disciplinary action. (Sec. 16, Rule 3).
plaintiffs suing in behalf of succeeding
generations’ right to a balance and healthful
The heirs of the deceased may be allowed to be
ecology, based on the concept of
substituted for the deceased, without requiring the
intergenerational responsibility. (Oposa v.
appointment of an executor or administrator and
Factoran, G.R. No. 101083, Jul. 30, 1993).
the court may appoint a guardian ad litem for the
minor heirs. (Id.).
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Although the heirs may be allowed to substitute for jurisdiction over the substitute. (Ferreria v. Vda. de
the deceased without requiring the appointment of Gonzales, G.R. No. L-11567, Jul. 17, 1958).
an administrator or executor, however, if within the
specified period a legal representative fails to When Formal Substitution is Not Necessary
appear, the court may order the opposing counsel, The substitution is not necessary and would not be
within a specified period, to process the ordered if the death would extinguish the action.
appointment of an administrator or executor who The proper course is for the court to dismiss the
shall immediately appear for the estate of the case. (RIANO, 2019, pp. 259, 263).
deceased (San Juan v. Cruz, G.R. No. 167321,
Jul. 31, 2006) Formal substitution of heirs is not necessary when
the heirs themselves voluntarily appeared,
The purpose behind this rule is the protection of participated in the case and presented evidence in
the right to due process of every party to the defense of deceased defendant. (Vda. de Salazar
litigation who may be affected by the intervening v. CA, G.R. No. 121510, Nov. 23, 1995).
death. The deceased litigant is herself or himself
protected as he/she continues to be properly Where the deceased has no heirs, the court
represented in the suit through the duly appointed shall require the appointment of an executor or
legal representative of his estate. (Sumaljag v. administrator; if the heir is a minor, a guardian ad
Spouses Literato, G.R. No. 149787, Jun. 18, litem. (Rule 3, Sec. 16)
2008).
Examples of Claims Not Extinguished by Death
Effect of Non-Substitution i. Recovery of real and personal property against
The court may order the opposing party, within a the estate. (RIANO, 2019, pp. 262-263);
specified time, to procure the appointment of an ii. Enforcement of liens on such properties.
executor or administrator for the estate of the (RIANO, 2019, pp. 262-263);
deceased in cases when: iii. Recovery for an injury to person or property by
a. If no legal representative is named by the reason of tort or delict committed by the
counsel for the deceased party; or deceased.
b. If the legal representative so named shall fail to (Sec. 1, Rule 87);
appear within the specified period. (Sec. 16, iv. Actions to recover personal or real property
Rule 3). (Saligumba v. Palanog, G.R. No. 143365, Dec.
4, 2008);
The court charges in procuring such appointment, v. An ejectment case against the deceased
if defrayed by the opposing party, may be defendant (Vda. de Salazar v. Court of
recovered as costs. (Id.). Appeals, G.R. No. 121510, Nov. 23, 1995);
vi. Action to recover damages arising from delict
Non-compliance with the rule on substitution of a (Sec. 4, Rule 111);
deceased party renders the proceedings and vii. Actions based on the tortious conduct of a
judgment of the trial court infirm, because the trial deceased defendant (Melgar v. Buenviaje,
court acquired no jurisdiction over the persons of G.R. No. L-55750, Nov. 8, 1989).
the legal representatives or of the heirs on whom viii. Action for collection against the deceased
the trial and judgment would be binding on. (Brioso defendant based on contractual claims (Sec.
v. Rili-Mariano, G.R. No. 132765, Jan. 31, 2003). 20, Rule 3).
It is not the amendment of the pleading but the Action on Contractual Money Claims – Plaintiff
substitution of his legal representatives or heirs Dies
that is required. Service of summons upon the Plaintiff’s heirs or legal representatives will be
heirs or representatives is also not required. It is substituted for him and case will proceed. (Sec.
the order of the court that enables it to acquire 16, Rule 3)
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Action on Contractual Money Claims – b. Such other designation as the case may require.
Defendant Dies Before Entry of Final Judgment When his identity or true name is discovered, the
The case shall not be dismissed but shall be pleading must be amended accordingly. (Sec. 14,
allowed to continue until entry of final judgment. Rule 3).
(Sec. 20, Rule 3).
Party Becoming Incompetent or Incapacitated
The judgment favorable to the plaintiff shall be filed If a party becomes incompetent or incapacitated,
as a money claim against the estate. (Id.). the court, upon motion with notice, may allow the
action to be continued by or against the
NOTE: The action may arise from an implied incompetent or incapacitated person assisted by
contract (Id.). his legal guardian or guardian ad litem. (Sec.
18, Rule 3).
Action on Contractual Money Claims –
Defendant Dies After Entry of Final Judgment Notice to the Solicitor General
If the judgment obligor (defendant) dies, but before The court, in its discretion, may require the
levy or execution, the judgment may be enforced appearance of the Solicitor General in any action
against his executor or administrator or involving the validity of:
successors in interest filed as a claim against the i. Treaty;
estate. (Sec. 7 (b), Rule 39). ii. Law;
iii. Ordinance;
But if the judgment obligor dies after the judgment iv. Executive order;
has been enforced or his property has already v, Presidential decree; or
been levied, such property may actually be sold for vi. Rules or regulations.
the satisfaction of the judgment obligation. (Sec. 7 The Solicitor General may be heard in person or
(c), Rule 39). through a representative duly designated by
him. (Sec. 22, Rule 3).
Death or Separation of Party Who is a Public
Officer
When a public officer is a party in an action, in his
official capacity and during its pendency, dies, E. VENUE
resigns, or otherwise ceases to hold office, the
Definition of Venue
action may be continued and maintained by or
Venue is the place where the case is to be heard
against his successor provided that:
or tried. (Nocum v. Tan, G.R. No. 145022, Sept.
1. Satisfactory proof by any party that there is
23, 2005).
substantial need for continuing or maintaining
the action; 1. VENUE OF REAL ACTIONS
2. The successor adopts or continues or threatens
to adopt or continue the acts of his or her The venue for real actions shall be in the proper
predecessor; court which has jurisdiction over the area wherein
3. The substitution must be effected within 30 days the real property involved, or a portion thereof, is
after the successor assumes office or within the situated. (Sec. 1, Rule 4).
time granted by the court; and,
4. Notice of the application to the other party. (Sec. Forcible entry and detainer actions shall be
17, Rule 3, Rufus v. Jardine, G.R. No.141834, commenced and tried in the municipal trial court of
Jul. 30, 2007). the municipality or city wherein the real property
involved, or a portion thereof, is situated. (Id.).
Unknown Identity or Name of Defendant
Whenever the identity or name of a defendant is
unknown, he may be sued as:
a. The unknown owner, heir, devisee; or
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2. VENUE OF PERSONAL ACTIONS NOT reside or is NOT found in the Philippines, the
venue of the action may be the court:
The venue for personal actions shall be, at the a. Where the plaintiff resides, if the case affects
election of the plaintiff: the status of the latter; or
a. Where the plaintiff or any of the principal b. Where the property or portion thereof is
plaintiffs resides; situated, if the case involves the property of the
b. Where the defendant or any of the principal defendant. (Sec. 3, Rule 4).
defendants resides; or
c. In the case of a non-resident defendant, where If Defendant Does Not Reside But is Found in
he may be found. (Sec. 2, Rule 4). the Philippines
When it is a personal action, the action may be
Based on the allegations of the complaint, if the commenced and tried in the court of the place
respondent seeks the nullification of promissory where the plaintiff resides or where the
notes, continuing surety agreements, checks and defendant may be found, e.g., if the defendant is
mortgage agreements for being executed against a U.S. resident, but is on vacation in Makati,
their will and vitiated by irregularities, not the summons may be served on defendant in Makati.
recovery of the possession or title to the properties (Sec. 2, Rule 4).
burdened by the mortgages, then the action is
personal in nature and not real, therefore, the If there are several defendants, but one of them is
proper venue would be governed by Rule 4 a resident, or a nonresident but can be found in
Section 2(b) of the Rules of Court. (BPI v the Philippines, the action may be commenced
Hontanosas, G.R. No. 157163, Jun. 25, 2014). where the plaintiff resides or where the resident
defendant resides or where the nonresident
Meaning of Residence defendant may be found. (Id.).
Residence means physical or actual habitation or
actual residence or place of abode, (Fule v. CA, 4. WHEN THE RULES ON VENUE DO NOT
G.R. No. L-40502, 1976) whether permanent or APPLY
temporary as long as he resides with continuity
and consistency therein. (Dangwa Transportation The rules on venue are not applicable in any of the
Co v. Sarmiento, G.R. No. L-22795, 1977) following cases:
a. Where a specific rule or law provides otherwise;
When there is more than one plaintiff in a personal or
action case, the residences of the principal b. Where the parties have validly agreed in writing
parties should be the basis for determining before the filing of the action on the exclusive
proper venue. Otherwise, the purpose of the Rule venue thereof. (Sec. 4, Rule 4).
would be defeated since a nominal or formal party
is impleaded in the action since the latter would not First Exception: When a Specific Rule or Law
have the degree of interest in the subject of the Provides Otherwise
action which would warrant and entail the Venue for Derivative Suits
desirably active participation expected of litigants As regards the venue of derivative suits, Section
in a case. (Marcos-Araneta v. CA, G.R. No. 5, Rule 1 of A.M. No. 01-2-04-SC states: all
154096, Aug. 22, 2008) actions covered by these Rules shall be
commenced and tried in the Regional Trial Court,
3. VENUE OF ACTIONS AGAINST NON- which has jurisdiction over the principal office
RESIDENTS of the corporation, partnership, or association
concerned.
If the Action Involves the Personal Status of
the Plaintiff or Property of Defendant Where the principal office of the corporation,
If the action involves the personal status of the partnership or association is registered in the
plaintiff, or any property of said defendant Securities and Exchange Commission as
located in the Philippines and the defendant does Metro Manila, the action must be filed in the city
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or municipality where the head office is located. Second Exception: When the Parties Agree to
(Hi-Yield Realty, Inc. v. CA, G.R. No. 168863, an Exclusive Venue
2009). The parties may stipulate on the venue as long as
the agreement to that effect is:
Venue for Revival of Judgment 1. In writing;
The proper venue in an action for revival of 2. Made before the filing of the action; and
judgment depends on the determination of 3. Exclusive as to the venue. (Sec. 4(b), Rule 4;
whether the present action for revival of judgment RIANO, 2019, p. 172).
is a real or personal action. The allegations in the
complaint for revival of judgment determine 5. EFFECTS OF STIPULATIONS ON VENUE
whether it is a real action or a personal action.
(Infante v. Aran Builders, G.R. No. 156596 Aug. Restrictive and Permissive Written
24, 2007). Stipulations
Written stipulations as to venue are either
Venue for Petition of Declaration of Nullity and mandatory (restrictive) or permissive. In
Annulment of Voidable Marriage interpreting stipulations, inquiry must be made as
The petition shall be filed in the Family Court of the to whether or not the agreement is restrictive in the
province or city where: sense that the suit may be filed only in the place
a. The petitioner or the respondent has been agreed upon or merely permissive in that the
residing for at least 6 months prior to the date parties may file their suits not only in the place
of filing; or agreed upon but also in the places fixed by the
b. In case of nonresident respondent, where he rules. (Supena v. Dela Rosa, A.M. No. RTJ-93-
1031, Jan. 28, 1997).
may be found in the Philippines, at the election
of the petitioner; or
c. In stations where no branches of the Regional The mere stipulation on the venue of an action is
Trial Court are designated as Family Courts, not enough to preclude parties from bringing a
the cases falling within the jurisdiction of the case in other venues. In the absence of
Family Courts shall be raffled among the qualifying or restrictive words, the stipulation
branches of the Regional Trial Court with the should be deemed as merely an agreement on an
same station which shall try and decide such additional forum, not as limiting venue to the
cases according to the existing issuances. specified place. (Sps. Lantin v. Lantion, G.R. No.
(Sec. 4, A.M. No. 02-11-10-SC, Re: Rule on 160053, Aug. 28, 2006)
Declaration of Absolute Nullity of Void
Marriages and Annulment of Voidable Examples of Restrictive Words
Marriages, as amended). Examples of qualifying or restrictive
words: "exclusively" and "waiving for this
Venue for Adoption purpose any other venue," "shall only"
The petition for adoption shall be filed with the preceding the designation of venue, "to the
Family Court of the province or city where the exclusion of the other courts," or words of similar
prospective adoptive parents reside. (Sec. 6, A.M. import. (Auction in Malinta, Inc. v. Luyaben, G.R.
No. 02-6-02-SC, Rule on Adoption). No. 173979, Feb. 12, 2007).
Venue for Probate of Wills Stipulations of Venue Apply Only When the
Cause of Action is Breach of Contract
If the decedent died in the Philippines: Where the
deceased last resided at his time of death. (Sec. Exclusive venue stipulation embodied in a contract
1, Rule 73). restricts or confines parties thereto ONLY when
the suit relates to breach of said contract. Since
If the decedent died abroad: in any of the the other causes of action in petitioner’s complaint
provinces where he has property. (Id.). do not relate to the breach of the agreement it
forged embodying the exclusive venue stipulation,
they should not be subject to the exclusive venue.
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The stipulation should be strictly confined to the but before filing the answer to the complaint,” the
specific undertaking or agreement. (Uniwide v. matter of improper venue. (Marcos-Araneta v.
Cruz, G.R. No. 171456, Aug. 9, 2007). Court of Appeals, G.R. No. 154096, Aug. 22,
2008).
If the complaint was assailing the validity of the
written instrument itself, the parties should not be Note: Under the 2019 Amendments, the ground of
bound by the exclusive venue stipulation improper venue is now an affirmative defense.
contained therein and should be filed in (Sec. 12, Rule 8).
accordance with the general rules on venue. It
would be inherently inconsistent for a complaint of
this nature to recognize the exclusive venue
stipulation when it, in fact, precisely assails the F. PLEADINGS
validity of the instrument in which such stipulation
is contained. (Briones v. Court of Appeals, G.R.
1. KINDS OF PLEADINGS AND WHEN
No. 204444, Jan. 14, 2015) SHOULD THEY BE FILED
Pleadings, defined
A restrictive stipulation on the venue of actions
The written statements of the respective claims
contained in a promissory note applies to the
and defenses of the parties submitted to the court
surety agreement supporting it, because the
for appropriate judgment (Rule 6, Sec. 1)
nature of the two contracts and the factual
circumstances surrounding their execution are
Nature and purpose
intertwined or interconnected. The surety
Pleadings are designed to develop and present
agreement is merely an accessory to the principal
the precise points in dispute between the parties.
loan agreement embodied in the promissory note.
Their office is to inform the court and the parties of
Hence, the enforcement of the former depends
the facts in issue. (RIANO, 2019, p. 274).
upon the latter. (PBCOM v. Lim, G.R. No. 158138,
Apr. 12, 2005)
Pleading vs. Motion
A motion is an application for relief other than by a
The exclusive venue, as stipulated by the parties
pleading. (Rule 15, Sec. 1)
and sanctioned by Rule 4 of the Rules of Court,
cannot be made to apply to the Petition for
The rules that apply to pleadings shall also apply
Extrajudicial Foreclosure because the provisions
to written motions so far as concerns caption,
of Rule 4 pertain to venue of actions, which an
designation, signature, and other matters of form.
extrajudicial foreclosure is not. Rule 2 of the Rules
(Rule 15, Sec. 11)
of Court defines an action as means an ordinary
suit in a court of justice, by which one party
prosecutes another for the enforcement or PLEADING MOTION
protection of a right, or the prevention or redress
of a wrong. (Ochoa v. Chinabank, G.R. No. A submission of claims An application for an
or defenses for order not included in
192877, Mar. 23, 2011).
appropriate judgment. the judgment.
Waiver of Venue May be initiatory or not. Cannot be initiatory as
The ground of improperly laid venue must be motions are made in a
raised seasonably, else it is deemed waived. case already filed in
Where the defendant failed to either file a motion court.
to dismiss on the ground of improper venue or
include the same as an affirmative defense, he is Must be written. May be oral when
deemed to have waived his right to object to made in open court or
improper venue. Here, petitioners raised at the in the course of a
earliest time possible, meaning “within the time for hearing or a trial.
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Must be filed before May be filed after admission of the substantial facts alleged in the
judgment. judgment. pleading. (Valdez v. Dabon, Jr., A.C. No. 7353,
November 16, 2015).
PLEADINGS ALLOWED BY THE RULES OF Where a fact is alleged with qualifying or modifying
COURT: language and the words of the allegation as so
1. Complaint; qualified or modified are literally denied, it has
2. Answer; been held that the qualifying circumstances alone
3. Counterclaim; are denied while the fact itself is admitted.
4. Cross-claim; (Serrano Mahilum v. Spouses Ilano, G.R. No.
5. Third (fourth, etc. – party complaint); 197923, June 22, 2015)
6. Complaint-in-intervention; and
7. Reply. (Rule 6, Sec. 2) Example of a Negative Pregnant
A complaint, in par. 4, alleged that the plaintiff was
a. Complaint
unable to take actual possession of the property
The complaint is the pleading alleging the because of the “unwarranted adverse claim of
plaintiff’s or claiming party’s cause or causes of rights of ownership and possession by the
action. The names and residences of the plaintiff defendant, alleging sale by a certain Fe of said
and defendant must be stated in the complaint. property to defendant, which if true, had no right
(Rule 6, Sec. 3) whatsoever to legally dispose the above-
described property not being the owner
b. Answer thereof.” In response, the answer of the defendant
stated: “The defendant denies the material
An answer is a pleading in which a defending party averments contained in par. 4, the truth being, that
sets forth his defenses. (Sec. 6, Rule 4) It may be the defendant never asserted title of ownership to
an answer to a complaint, a counterclaim or a the property described in the complaint to
cross-claim but not to a reply. Since it responds to anybody, much less to the herein plaintiff in virtue
a claim, an answer is called a responsive pleading. of any deed of conveyance executed in favor of the
(RIANO, 2019, p. 323). defendant by one Fe, nor claimed any possessory
right over the said property, either by himself or
i. Negative Defenses through another.
Negative defenses refer to the specific denial of The Court held that there was a negative pregnant
the material fact or facts alleged in the pleading of in the defendant’s reply, which is to be construed
the claimant essential to his cause or causes of as an implied admission. Particularly, when the
action. (Rule 6 Sec. 5(a)) plaintiff alleged that his inability to take actual
possession of the parcel of land due to "an
ii. Negative Pregnant unwarranted adverse claim of rights of ownership
and possession by the defendant," followed by an
It is a denial pregnant with the admission of the allegation of how such claim was exercised, the
substantial facts in the pleading responded to defendant’s denial is as to "the material averments
which are not squarely denied. It was, in effect, an contained in par. 4 of the Complaint," conjoined
admission of the averments it was directed with his disclaimer of dominical or possessory
at. (Marcos, Jr. v. PCGG, G.R. No. 189434, April rights in the manner alleged in the complaint. It
25, 2012) thus appeared that he denied the averments in
par. 4, but he did not deny the fact of ownership
A negative pregnant is a form of negative and right to possession of the plaintiff. (Galofa v.
expression which carries with it an affirmation or at Nee Bon Sing, G.R. No. L-22018, 1968).
least an implication of some kind favorable to the
adverse party. It is a denial pregnant with an
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c. COUNTERCLAIMS Despite the lack of jurisdiction of the court to

adjudicate on the counterclaim, the same may
Counterclaims, Defined nevertheless be pleaded in the same action, not to
A counterclaim is any claim, which a defending obtain affirmative relief because the court, for want
party may have against an opposing party. (Rule of jurisdiction cannot do so. The purpose would
6, Sec. 6) merely be as a defense to weaken the plaintiff’s
claim. (Maceda v. Court of Appeals, G.R. No.
A counterclaim is in itself a distinct and 83545, 1989).
independent cause of action and when filed, there
are two simultaneous actions between the same Incompatibility Between a Compulsory
parties. (Padilla v. Globe Asiatique Realty Counterclaim and a Motion to Dismiss
Holdings Corporation, G.R. No. 207376, August 6, A compulsory counterclaim is auxiliary to the
2014). proceeding in the original suit and derives its
jurisdictional support therefrom. A counterclaim
When a defendant files a counterclaim against the presupposes the existence of a claim against the
plaintiff, he becomes the plaintiff in the party filing the counterclaim. Hence, where there
counterclaim and the original plaintiff becomes the is no claim against the counterclaimant, the
defendant. (RIANO, 2019, p. 346). counterclaim is improper and it must be dismissed.
(Financial Building Corporation v. Forbes Park
i. Compulsory Counterclaim Association, G.R. No. 133119, August 17, 2000).
Elements of a Compulsory Counterclaim A party who desires to plead a compulsory

1. Arises out of or is necessarily connected with counterclaim should NOT file a motion to
the transaction or occurrence which is the dismiss. If he files a motion to dismiss and the
subject matter of the opposing party’s claim; complaint is dismissed, then there will be no
2. It does not require for its adjudication the chance to invoke the counterclaim. The better
presence of third parties over whom the court move is to file an answer with a counterclaim.
cannot acquire jurisdiction; (RIANO, 2019, p. 351).
3. The court has jurisdiction over the amount and
nature of the case; and Rule on Barring of Compulsory Counterclaims
4. It must be cognizable by the regular courts of A compulsory counterclaim that a defending party
justice. (Rule 6, Sec. 7, see Alba v. Malapajo, has at the time he or she files his or her answer
G.R. No. 198752, January 13, 2016). shall be contained therein. (Sec. 8, Rule 11)
Test to Determine Whether a Counterclaim is General Rule: A compulsory counterclaim that a

Compulsory or Permissive defending party has at the time he or she files his
i. Are the issues of fact or law raised by the claim or her answer shall be contained therein. (Sec. 8,
and the counterclaim largely the same? Rule 11; Sec. 2, Rule 9). A compulsory
ii. Would res judicata bar a subsequent suit on counterclaim not initially set up in the same action
defendant’s claim absent the compulsory is barred. (Sec. 7, Rule 6).
counterclaim rule?
iii. Will substantially the same evidence support or If it is filed concurrently with the main action but in
refute plaintiff’s claim as well as the a different proceeding, it would be abated on the
defendant’s counterclaim? And ground of litis pendentia; if filed subsequently, it
iv. Is there any logical relation between the claim would meet the same fate on the ground of res
and the counterclaim? Affirmative answers to judicata. (Alba, Jr. v. Malapajo, G.R. No. 198752,
the above queries indicate the existence of a Jan. 13, 2016).
compulsory counterclaim. (Financial Building v.
FPA, G.R. No. 133119, 2000).
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Exceptions:
a. A counterclaim which either matured or was If the compulsory counterclaim is by reason of an
acquired by a party after serving his or her unfounded suit, then it may prosper even if the
pleading may, with permission of the court, be main complaint is dismissed. The cause of action
presented as a counterclaim by supplemental of the counterclaimant is not eliminated by the
pleading before judgment (Sec. 9, Rule 11); or mere dismissal of the main complaint. (Padilla v.
b. When a pleader fails to set up the counterclaim Globe Asiatique, G.R. No. 207376, 2014)
through oversight, inadvertence, or excusable
negligence, or when justice requires, he or she Compulsory vs. Permissive Counterclaim
may set up the counterclaim by amendment COMPULSORY PERMISSIVE
before judgment. (Sec. 10, Rule 11). COUNTERCLAIM COUNTERCLAIM
It arises out of or is It does not arise out of
Difference between Counterclaims filed in the necessarily connected or is it necessarily
Municipal Trial Court / Metropolitan Trial Court with the transaction or connected with the
and in the Regional Trial Court: occurrence that is the subject matter of the
A counterclaim filed in the Municipal Trial Court or subject matter of the opposing party’s
in the Metropolitan Trial Court must be within the opposing party’s claim.
court’s jurisdiction both as to the nature and to the claim.
amount of the claim. (Sec. 7, Rule 6). It shall be contained in It may be set up as an
the answer. If not set independent action
A counterclaim filed in the RTC may be deemed up it shall be barred. and will not be barred
compulsory regardless of the amount, but it must if not contained in the
be within its jurisdiction as to nature – i.e., the RTC answer to the
cannot try an unlawful detainer case as a complaint.
counterclaim, but it may take cognizance of a It is not an initiatory It is an initiatory
counterclaim involving an amount below its pleading. pleading.
jurisdictional threshold. (Sec. 7, Rule 6). Does not require Should be
certification of forum accompanied by a
ii. Permissive Counterclaim shopping. certification against
forum shopping and
Nature of Permissive Counterclaim whenever required by
A counterclaim is permissive if any of the elements law, a certificate to file
of a compulsory counterclaim is absent (see prior action issued by
discussion on Elements of Compulsory Lupong
Counterclaim; see also Sec. 7, Rule 6). Tagapamayapa.
A compulsory It must be answered
The most commonly treated feature of a counterclaim that by the party against
permissive counterclaim is its absence of a logical merely reiterates whom it is interposed
connection with the subject matter of the special defenses are otherwise, he may be
complaint. (International Container Terminal deemed controverted declared in default as
Services Inc. v. CA, G.R. No. 90530, 1992). even without a reply. to the counterclaim.
A permissive counterclaim does not necessarily Issues raised in a The answer must be
arise out of or is not directly connected with the counterclaim are made within ten (10)
subject matter of the first claim; it can be filed as a deemed automatically days from service.
separate case altogether. There is a need to pay joined by the
for docket fees since it is seen as a different action allegations of the
altogether with defendants becoming ‘plaintiffs’ in complaint, which need
respect of such counterclaim. (Reillo v. San Jose, not be answered.
G.R. No. 166393, 2009)
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COMPULSORY PERMISSIVE his counterclaim in the same or separate action.

COUNTERCLAIM COUNTERCLAIM (Sec. 3, Rule 17).
No requirement for the May require for its
presence of third adjudication the The counterclaim is not dismissed, whether it is a
parties whom the presence of third compulsory or a permissive counterclaim,
court cannot acquire parties over whom the because the Rules make no distinction. (RIANO,
jurisdiction over for its court cannot acquire 2019, p. 461).
adjudication. jurisdiction.
Does not require the Requires the payment d. Cross-claims
payment of docket of docket fees.
Nature of Cross-claims
fees
A cross-claim is any claim by one party against a
Failure to answer is Must be answered by
co-party arising out of the transaction or
not a ground to be the party against
occurrence that is the subject matter either of the
declared in default. whom it is interposed.
original action or of a counterclaim therein. Such
Otherwise, the party
cross-claim may cover all or part of the original
may be declared in
claim. (Sec. 8, Rule 6).
default.
If not raised in the Failure to set it up in
A cross-claim that a party has at the time the
same action, it shall the same action does
answer is filed shall be contained in the answer.
be barred. not bar its filing.
(Sec.8, Rule 11).
(RIANO, 2019, p. 353 – 356).
Requirements:
iii. Effect On The Counterclaim When The
1. A claim by one party against a co-party;
Complaint Is Dismissed
2. Must arise out of the transaction or occurrence
that is the subject matter either of the original
Three Situations Involving the Effect of a
action or of a counterclaim; and
Dismissal of a Complaint on the Counterclaim
3. The cross-claimant is prejudiced by the claim
Already Set Up
against him by the opposing party.
1. When the defendant files an answer raising
therein an affirmative defense, as well as a
Effect of Failure to Set Up Cross-Claim
counterclaim, and upon hearing of the affirmative
General Rule: a cross-claim which is not set up in
defenses, the court dismisses the case – Under the action is barred. (Sec. 2, Rule 9).
Rule 16, Sec. 6 of the 1997 Rules on Civil Exceptions:
Procedure, the dismissal of the complaint shall be a. A cross-claim which either matured or was
without prejudice to the prosecution of the acquired by a party after serving his or her
counterclaim in the same or a separate action. pleading may, with permission of the court, be
2. When the plaintiff himself files a motion to
presented as a cross-claim by supplemental
dismiss his complaint after the defendant has pleading before judgment (Sec. 9, Rule 11);
pleaded his answer with a counterclaim, and the or
court grants the motion - Again, the dismissal shall
b. When a pleader fails to set up the cross-claim
be without prejudice to the right of the defendant through oversight, inadvertence, or excusable
to prosecute his counterclaim in a separate action negligence, he or she may set up the cross-
unless within 15 days from notice of the motion he claim by amendment before judgment. (Sec.
manifests his preference to have his counterclaim 10, Rule 11).
resolved in the same action. (Sec. 2, Rule 17).
c. When it is outside the jurisdiction of the court;
3. When complaint is dismissed through the d. If the court cannot acquire jurisdiction over third
plaintiff’s fault and at a time when a counterclaim
parties whose presence is necessary for the
has already been set up - The dismissal is without
adjudication of said cross-claim. In which case,
prejudice to the right of the defendant to prosecute the cross-claim is considered PERMISSIVE;
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e. Cross claim that may mature or may be fendant. (Sy Tiong Shiou v. Sy Chim, G.R. Nos.
acquired after service of the answer. 174168 & 179438, Mar. 30, 2009)
A cross-claim cannot be set up for the first time on Requisites for a Third-party Action
appeal. (Loadmasters Customs Services v. Glodel 1. The party to be impleaded must not yet be a
Brokerage Corp., G.R. No. 179446, 2011) party to the action;
2. The claim against the third-party defendant
The dismissal of the complaint carries with it the must belong to the original defendant;
dismissal of a cross-claim which is purely 3. The claim of the original defendant against the
defensive, but not a cross-claim seeking an third-party defendant must be based upon the
affirmative relief. (Torres v. CA, G.R. No. L-25889, plaintiffs claim against the original defendant;
1973) and
4. The defendant is attempting to transfer to the
Counter-counterclaims and Counter-cross- third-party defendant the liability asserted
claims against him by the original plaintiff. (Philtranco
A counter-counter claim is filed when there is a Services v. Paras, G.R. No. 161909, 25 April
claim against the original counter-claimant. A 2012).
counter-cross-claim is filed against an original
cross-claimant. (Rule 6, Sec. 9) A prerequisite to the exercise of such right is that
some substantive basis for a third-party claim be
e. Third, (Fourth, etc.) Party Complaint found to exist, whether the basis be one of
indemnity, subrogation, contribution or other
Nature of Third-party Complaint substantive right. There must be a causal
A claim that a defending party may, with leave of connection between the claim of the plaintiff in his
court, file against a person not a party to the complaint and a claim for contribution, indemnity
action, in respect of his opponent’s claim, for: or other relief of the defendant against the third-
a. Contribution; party defendant. (Asian Construction & Dev’t Corp
b. Indemnity; v. CA, G.R. No. 160242, 2005)
c. Subrogation; or
d. Any other relief. (Sec. 11, Rule 6) Denial of Admission of Third-party Complaint
Under Rule 6, Sec. 11 of the 2019 Amendments,
The Rules permit defendant to bring in a third party the third-party complaint shall be denied
defendant or so to speak, to litigate his separate admission, and the court shall require the
cause of action in respect of plaintiff's claim defendant to institute a separate action, where:
against a third party in the original and principal a. The third-party defendant cannot be located
case with the object of avoiding circuitry of action within 30 calendar days from the grant of such
and unnecessary proliferation of lawsuits and of leave;
disposing expeditiously in one litigation the entire b. Matters extraneous to the issue in the principal
subject matter arising from one particular set of case are raised; or
facts. (Development Bank of the Philippines v.
c. The effect would be to introduce a new and
Clarges Realty Corp., G.R. No. 170060, 2016) separate controversy into the action.
The defendant may implead another as third- Causal Connection Between Third-party
party defendant: Complaint and Plaintiff’s Complaint
a. On an allegation of liability of the third-party There must be a causal connection between the
defendant to the defendant for contribution, claim of the plaintiff in his complaint and a claim for
indemnity, subrogation or any other relief; contribution, indemnity or other relief of the
b. On the ground of direct liability of the third- defendant against the third-party defendant.
party defendant to the plaintiff; or (Asian Construction & Dev’t Corp v. CA, G.R. No.
c. The liability of the third- 160242, 2005).
party defendant to both the plaintiff and the de
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counterclaim or cross-claim, the court shall order

To check whether there is a causal connection, the them to be brought in as defendants, if jurisdiction
Court made out the following tests: over them can be obtained. (Sec. 12, Rule 6)
1. Whether it arises out of the same transaction on
which the plaintiff’s claim is based, or although Bringing New Parties vs. Third-party
arising out of another or different transaction, is Complaint
connected with the plaintiff’s claim; BRINGING NEW THIRD-PARTY
2. Whether the third-party defendant would be PARTIES COMPLAINT
liable to the plaintiff or to the defendant for all Other necessary The third-party
or part of the plaintiff’s claim against the original parties are brought in defendants are NOT
defendant; and when one or more of one of the parties to
3. Whether the third-party defendant may assert the defendants in a the main action.
any defenses that the third-party plaintiff has or counterclaim or cross-
may have to plaintiff’s claim. (Id.). claim is ALREADY a
party to the action.
Jurisdiction Over Third-party Defendant (FERIA, 2013 Vol. 1, p. 338)
Summons on third, fourth etc.-party defendant
must be served for the court to obtain jurisdiction Cross-claim vs. Counterclaim vs. Third-party
over his person, since he is not an original party. Complaint
(FERIA, 2013 Vol. 1, p. 333) CROSS COUNTER- 3RD PARTY
CLAIM CLAIM COMPLAINT
Since the trial court had acquired jurisdiction over Against a co- Against an Against a
the complaint, it necessarily follows that it likewise party opposing person not a
had jurisdiction over the third-party complaint party. party to the
which is but an incident thereof. This must be so action.
because jurisdiction over the main case embraces No need for No need for Leave of
all incidental matters arising therefrom and leave of leave of court is
connected therewith. (Republic v. Central Surety & court. court. required.
Insurance Co., G.R. No. L-27802, October 26, Must arise out May arise out Must be in
1968) of the of or be respect of the
transaction necessarily opponent’s
Effect of Dismissal and Appeal of Complaint on that is the connected (plaintiff)
Third-party Complaint subject with the claim.
If the complaint is dismissed, the third-party matter of the transaction or
complaint will also necessarily be dismissed. If the original action that is the
plaintiff appeals, the third-party plaintiff should also or of a subject
appeal so that judgment could be rendered against counterclaim matter of the
third-party defendant. In this jurisdiction, the rule is therein. opposing
pretty well-settled that a party who does not appeal party’s claim
from the decision may not obtain any affirmative in which case,
relief from the appellate court other than what he it is called a
has obtained from the lower court, if any, whose compulsory
decision is brought up on appeal. (FERIA, 2013 counterclaim,
Vol. 1, p. 337, citing Go v. Court of Appeals, G.R. or it may not,
No. L-25393, October 30, 1980) in which case
it is called a
Bringing New Parties permissive
When the presence of parties other than those to counterclaim.
the original action is required for the granting of
complete relief in the determination of a
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f. Complaint-In-Intervention (Asia's Emerging Dragon Corp. v. Department of

Transportation and Communications, G.R.
Nature of Intervention Nos. 169914 Mar. 24, 2008).
Intervention is a remedy by which a third party,
who is not originally impleaded in a proceeding, Meaning of Legal Interest
becomes a litigant for purposes of protecting his or The interest contemplated by law must be actual,
her right or interest that may be affected by the substantial, material, direct and immediate, and
proceedings. (Neptune Metal Scrap Recycling, not simply contingent or expectant. It must be of
Inc. v. Manila Electric Co., G.R. No. 204222, July such direct and immediate character that the
4, 2016) intervenor will either gain or lose by the direct legal
operation and effect of the judgment. (Asia's
If the purpose of the motion for intervention is to Emerging Dragon Corp. v. Department of
assert a claim against either or all of the original Transportation and Communications, G.R. Nos.
parties, the pleading shall be called a 169914 & 174166, Mar. 24, 2008)
COMPLAINT-IN-INTERVENTION. Meanwhile, if
the purpose is to unite with the defending party in Procedure for Intervention
resisting a claim against the latter, the pleading is 1. The motion for intervention must be filed before
called an ANSWER-IN-INTERVENTION. (Rule judgment (Rule 19, Sec. 2);
19, Sec. 3) 2. A copy of the pleading-in-intervention shall be
attached to the motion and served on the
Intervention is not an absolute right but may be original parties. (Rule 19, Sec. 2).
granted by the court when the movant shows facts 3. The answer to the complaint-in-intervention
which satisfy the requirements of the statute shall be filed within 15 calendar days from the
authorizing intervention. (Executive Secretary v. notice of the order admitting the complaint-in-
Northeast Freight Forwarders, Inc., G.R. No. intervention, unless otherwise fixed by the
179516, March 17, 2009) court. (Rule 19, Sec. 4).
The allowance or disallowance of a motion to Effect of Dismissal of the Original Action on

intervene is within the sound discretion of the the Complaint-in-intervention
court. (Heirs of Restrivera v. De Guzman, G.R. No. It has been held that the simple fact that the trial
146540, July 14, 2004). court properly dismissed plaintiff’s action does not
require dismissal of the action of the intervenor. An
Requisites for Intervention intervenor has the right to claim the benefit of the
The intervention shall be allowed when: original suit and to prosecute it to judgment. The
1. A person has legal interest: right cannot be defeated by dismissal of the suit by
a. In the matter in litigation; the plaintiff after the filing of the petition and notice
b. In the success of any of the parties; thereof to the other parties. A person who has an
c. An interest against the parties; or interest in the subject matter of the action has the
d. He is so situated as to be adversely affected right, on his own motion, to intervene and become
by a distribution or disposition of property in a party to the suit, and even after the complaint
the custody of the court or an officer thereof. has been dismissed, may proceed to have any
(Rule 19, Sec. 1, Mactan-Cebu International actual controversy established by the pleadings
Airport Authority v. Heirs of Miñoza, G.R. determined in such action. The trial court's
No. 186045, Feb. 2, 2011) dismissal of plaintiff's action does not require
2. The intervention will not unduly delay or dismissal of the action of the intervenor.
prejudice the adjudication of the rights of the (Metropolitan Bank and Trust Co. v. Presiding
original parties; and Judge, RTC Manila, Br. 39, G.R. No. 89909,
3. The intervenor’s rights may not be fully September 21, 1990)
protected in a separate proceeding.
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Client May Settle Even if Attorney Does Not Examples of an actionable document:
Intervene in the Case i. Promissory note in an action for collection of sum
A client has an undoubted right to settle her of money;
litigation without the intervention of the attorney, ii. Deed of mortgage in an action for foreclosure of
for the former is generally conceded to have mortgage;
exclusive control over the subject matter of the iii. Official receipt of payment on the part of a
litigation and may at any time, if acting in good defendant raising payment as a defense.
faith, settle and adjust the cause of action out of (RIANO, 2019, p. 310)
court before judgment, even without the attorney’s
intervention. (Malvar v. Kraft Food Phils., Inc., Effect of Not Filing a Reply
G.R. No. 183952, 2013). If a party does not file such reply, all the new
matters alleged in the answer are deemed
g. Reply controverted or denied. No admission follows from
the failure to file a reply. (Rule 6, Sec. 10)
Nature of a Reply
A reply is a pleading, the office or function of which h. Extension Of Time To File Pleadings
is to deny, or allege facts in denial or avoidance
of new matters alleged in, or relating to, an Extension is Allowed Only for Filing an Answer
actionable document. (Rule 6, Sec. 10). It is the A defendant may, for meritorious reasons, be
responsive pleading to an answer. (RIANO, 2019, granted an additional period of not more than 30
p. 367). calendar days to file an answer. A defendant is
only allowed to file 1 motion for extension of
The allegations in plaintiffs' reply were in answer time to file an answer.
to defendants' defenses, and the nature of
plaintiffs' cause of action, as set forth in their A motion for extension to file any pleading, other
complaint, was not and could not be amended or than an answer, is prohibited and considered a
changed by the reply (Calo v. Roldan, G.R. No. L- mere scrap of paper. (Sec. 11, Rule 11).
252, March 30, 1946)
The court, however, may allow any other pleading
A reply to a counterclaim or cross-claim is to be filed after the time fixed by the Rules. (Id.).
improper. An answer thereto must be filed instead.
(FERIA, 2013 Vol. 1, p. 327) 2. PLEADINGS ALLOWED IN SMALL
CLAIMS CASES AND CASES COVERED BY
When Filing of Reply is Allowed THE RULE ON SUMMARY PROCEDURE
The plaintiff may file a reply only if the defending
party attaches an actionable document to his or a. Pleadings Allowed In Small Claims Cases
her answer. If the plaintiff wishes to interpose any
Under the Revised Rules of Procedure for Small
claim arising out of the new matters so alleged,
Claims Cases, the pleadings allowed in small
such claims shall be set forth in an amended or
supplemental complaint. (Rule 6, Sec. 10) claims cases are:
i. Statement of Claims (Sec.6);
ii. Response (Sec. 13); and
Actionable Document
iii. Counterclaim (Sec. 15).
An actionable document is a document upon
which an action or defense is based. (Rule 8, Sec.
Procedure for Small-Claims Cases
7).
A small-claims action is commenced by filing with
the court:
A document is actionable when an action or
1. An accomplished and verified Statement of
defense is grounded upon such written instrument
Claim in duplicate;
or document. (Asian Construction & Dev’t Corp. v.
2. A Certification of Non-forum Shopping,
Mendoza, G.R. No. 176949, Jun. 26, 2012)
Splitting a Single Cause of Action, and
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Multiplicity of Suits accompanying the Prohibited Pleadings in Small Claims Cases

Statement of Claim; and The prohibited pleadings in small-claims cases
3. Two (2) duly certified photocopies of the are:
actionable document/s subject of the claim, i. Motion to dismiss the complaint;
as well as the affidavits of witnesses and ii. Motion for a bill of particulars;
other evidence to support the claim. (Sec. 6, iii. Motion for new trial, or for reconsideration of a
Revised Rules of Procedure for Small Claims judgment, or for reopening of trial;
Cases, as amended) iv. Petition for relief from judgment;
v. Motion for extension of time to file pleadings,
The plaintiff may join in a single statement of claim affidavits or any other paper;
one or more separate small claims against a vi. Memoranda;
defendant provided that the total amount claimed, vii. Petition for certiorari, mandamus, or prohibition
exclusive of interest and costs, does not exceed against any interlocutory order issued by the
the jurisdictional amounts. (Sec. 8, Revised Rules court;
of Procedure for Small Claims Cases, as viii. Motion to declare the defendant in default;
amended) ix. Dilatory motions for postponement;
x. Reply and rejoinder;
If the court finds no grounds for dismissal, it shall xi. Third-party complaints; and
issue summons to the defendant accompanied by xii. Interventions. (Sec. 16, Revised Rules of
a copy of the Statement of Claim and documents Procedure for Small Claims Cases, as
submitted by the plaintiff, and a blank Response amended)
Form to be accomplished by the defendant. (Sec.
12, Revised Rules of Procedure for Small Claims Venue for Small-Claims Cases
Cases, as amended) For small-claims cases, the regular rules of venue
shall apply, to wit, at the election of the plaintiff, in
The defendant shall file his Response within 10 the MeTC, MTCC, MTC, and MCTC:
days from the receipt of the summons and serve a. Where the plaintiff resides;
the same upon the plaintiff. It shall be b. Where the defendant resides; or
accompanied by certified photocopies of the c. Where he may be found, in the case of a non-
documents, as well as the affidavits of resident defendant.
witnesses and other evidence to support his However, if the plaintiff is engaged in the business
defense. (Sec. 13, Revised Rules of Procedure for of lending, banking and similar activities, in the city
Small Claims Cases, as amended) where the defendant resides, if the plaintiff has a
branch in that city. (Sec. 7, Revised Rules of
Any claim that the defendant has against the Procedure for Small Claims Cases, as amended)
plaintiff shall be filed as a Counterclaim in the
Response, if at the time the action is b. Pleadings Allowed By The Rules On
commenced, the defendant has a claim against Summary Procedure
the plaintiff that:
1. Is within the coverage of this Rule exclusive of Allowed Pleadings in Summary-Procedure
interests and costs; Cases
2. Arises out of the same transaction or event that The pleadings allowed in summary proceedings
is the subject matter of the plaintiff’s claim; are:
3. Does not require the joinder of third parties; and i. Complaint;
4. Is not the subject of another pending action. ii. Compulsory Counterclaim pleaded in the
(Sec. 15, Revised Rules of Procedure for Small Answer;
Claims Cases, as amended) iii. Cross-Claims pleaded in the Answer; and
iv. Answers to the above pleadings.
All pleadings shall be verified (Sec. 3, Revised

Rule on Summary Procedure, as amended)
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vii. Petition for certiorari, mandamus, or prohibition

Procedure for Cases Under Summary against any interlocutory order issued by the
Procedure court;
Should the court find that the case falls under viii. Motion to declare the defendant in default;
summary procedure and there are no grounds for ix. Dilatory motions for postponement;
dismissal of the complaint, it shall then issue x. Reply;
summons stating that the rules for summary xi. Third party complaints; and
procedure shall apply. (Sec. 4, Revised Rule on xii. Interventions. (Sec. 19, Revised Rule on
Summary Procedure, as amended) Summary Procedure, as amended)
An answer shall then be filed within 10 days from 3. PARTS AND CONTENTS OF A PLEADING
the service of summons and serve a copy thereof
to the plaintiff. (Sec. 5, Revised Rule on Summary a. Caption
Procedure, as amended)
The caption contains the following:
1. The name of the court;
Defenses not pleaded are deemed waived except
2. The title of the action, which indicates:
for lack of jurisdiction over the subject matter.
a. The names of all the parties to the original
Cross-claims and compulsory counterclaims not
complaint or petition, but in subsequent
asserted in the answer are likewise barred. (Sec.
pleadings, the name of the first party on
5, Revised Rule on Summary Procedure, as
each side with an indication that there are
amended)
other parties shall be sufficient; and
b. The parties’ respective participation in the
Answer to the counterclaims or cross-claims shall
case;
be filed and served within 10 days from the service
3. The docket number, if assigned. (Sec. 1, Rule
of the answer in which they are pleaded. (Sec. 5,
7).
Revised Rule on Summary Procedure, as
amended)
Insufficiency in form and substance, as a ground
for dismissal of the complaint, should not be based
Failure to file an answer the complaint within the
on the title or caption, especially when the
reglementary period shall allow the court, motu
allegations of the pleading support an action. (Sps.
propio, or on motion by the plaintiff, render
Munsalud v. NHA, G.R. No. 167181, 2008)
judgment as may be warranted by the facts
alleged in the complaint and limited to what is
Body
prayed for therein. (Sec. 6, Revised Rule on
The body of the pleading sets forth:
Summary Procedure, as amended)
1. Its designation;
2. The allegation of the party’s claims and
Prohibited Pleadings
defenses;
The prohibited pleadings in cases falling under
3. The relief(s) prayed for; and
summary procedure are:
4. The date of the pleading. (Sec. 2, Rule 7)
i. Motion to dismiss the complaint or to quash the
complaint or information except on the ground
The pleadings shall specify the relief sought, but it
of lack of jurisdiction over the subject matter, or
may add a general prayer for such further or other
failure to comply with the preceding section;
reliefs as may be deemed just or equitable. (Sec.
ii. Motion for a bill of particulars;
2(c), Rule 7).
iii. Motion for new trial, or for reconsideration of
judgment, or for opening of trial;
It is settled that courts cannot grant a relief not
iv. Petition for relief from judgment;
prayed for in the pleadings or in excess of what is
v. Motion for extension of time to file pleadings,
being sought by the party. (Diona v. Balangue,
affidavits or any other paper;
G.R. No. 173559, January 7, 2013).
vi. Memoranda;
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Nevertheless, even without the prayer for a law firm, or party violated the above rule. (Sec.
specific remedy, proper relief may be granted by 3(c), Rule 7).
the court if the facts alleged in the complaint and
the evidence introduced so warrant. The prayer in A counsel's signature is such an integral part of a
the complaint for other reliefs equitable and just in pleading that failure to comply with this
the premises justifies the grant of a relief not requirement reduces a pleading to a mere scrap of
otherwise specifically prayed for. (Prince paper totally bereft of legal effect. Thus, faithful
Transport v. Garcia, G.R. No. 167291, 2011) compliance with this requirement is not only a
matter of satisfying a duty to a court but is as much
Insufficiency in form and substance, as a ground a matter of fidelity to one's client. A deficiency in
for dismissal of the complaint, should not be based this respect can be fatal to a client's cause. (Uy v.
on the title or caption, especially when the Maghari, III, A.C. No. 10525, Sep.r 1, 2015).
allegations of the pleading support an action. (Sps.
Munsalud v. NHA, G.R. No. 167181, 2008) c. Verification
b. Signature And Address Requirement of Verification

Generally, a pleading need not be verified or
Requirement of Signature under oath except only when verification is
The complaint must be signed by the plaintiff or required by a law or by a rule. (Sec. 4, Rule 7)
counsel representing him/her indicating his/her
address. (Sec. 3(a), Rule 7) How Verification is Made
A pleading is verified by an affidavit of an affiant
The signature of the counsel constitutes a duly authorized to sign said verification. The affiant
certification that he or she: shall allege the following attestations:
1. Has read the pleading and documents; and 1. The allegations in the pleading are true and
2. That to best of his knowledge, information, and correct based on his or her personal knowledge
belief, and formed after an inquiry reasonable or based on authentic documents;
under the circumstances: 2. The pleading is not filed to harass, cause
i. The pleading is not being presented for any unnecessary delay, or needlessly increase the
improper purpose, such as to harass, cause cost of litigation; and
unnecessary delay, or needlessly increase 3. The factual allegations therein have evidentiary
the cost of litigation; support or, if specifically, so identified, will
ii. The claims, defenses, and other legal likewise have evidentiary support after a
contentions are warranted by existing law or reasonable opportunity for discovery.
jurisprudence, or by a non-frivolous The signature of the affiant shall further serve as
argument for extending, modifying, or certification of the truthfulness of the allegations in
reversing existing jurisprudence; the pleading. (Sec. 4, Rule 7).
iii. The factual contentions have evidentiary
support or if specifically, so identified, will The authorization of the affiant to act on behalf of
likely have evidentiary support after availing another party shall be attached to the pleading.
of the modes of discovery; (Sec. 4, Rule 7).
iv. The denials of factual contentions are
warranted on the evidence or, if specifically, Significance of Verification
so identified, are reasonably based on belief Verification is intended to assure that the
or a lack of information. (Sec. 3(b), Rule 7) allegations in the pleading have been prepared in
good faith or are true and correct, not mere
The court, upon motion or motu propio, and after speculations. (Pfizer Inc. v. Galan, G.R. No.
notice and hearing, may impose an appropriate 143389, May 25, 2001)
sanction or refer the disciplinary action to the
proper office upon determination that any attorney,
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Effect of Lack of Verification previous case having been resolved with

A pleading which is required to be verified but finality (res judicata); and
lacks the proper verification shall be treated as an c. Filing multiple cases based on the same
unsigned pleading which produces no legal effect causes of action but with different prayers
and is dismissible. (Sec. 4, Rule 7). (splitting causes of action where the ground for
dismissal is also either litis pendentia or res
Furthermore, a pleading which requires a judicata). (In re: Ferrer, A.C. No. 8037, Feb. 17,
verification shall also be treated as an unsigned 2016).
pleading if:
a. It contains a verification based on “information Test to Determine Existence of Forum
and belief”; or Shopping
b. It contains a verification based upon There is forum shopping when the following
“knowledge, information, and belief”. elements concur:
1. Identity of the parties or, at least, of the parties
However, it has been held that the requirement who represent the same interest in both
regarding verification of a pleading is formal, not actions;
jurisdictional—non-compliance with which does 2. Identity of the rights asserted and relief prayed
not necessarily render the pleading fatally for, as the latter is founded on the same set of
defective. The court may order the correction of facts; and
the pleading if verification is lacking or act on the 3. Identity of the two preceding particulars, such
pleading although it is not verified, if the attending that any judgment rendered in the other action
circumstances are such that the strict compliance will amount to res judicata in the action under
with the rules may be dispensed with in order that consideration or will constitute litis pendentia
the ends of justice may thereby be served. (PAL Employees Savings and Loan
(Republic v. Coalbrine International Philippines, Association, Inc. v. Philippine Airlines, Inc.,
Inc., G.R. No. 161838, 2010) G.R. No. 161110, March 30, 2006)
d. Certification Against Forum Shopping Otherwise stated, to determine forum shopping,

the test is to see whether in the two or more cases
Meaning of Forum Shopping pending, there is identity of parties, rights or
The essence of forum shopping is the filing of causes of action, and reliefs
multiple suits involving the same parties for the sought.||| (Huibonhoa v. Concepcion, G.R. No.
same cause of action, either simultaneously or 153785,[August 3, 2006)
successively, for the purpose of obtaining a
favorable judgment. It exists when, as a result of Simultaneously pursuing an appeal (or motion for
an adverse opinion in one forum, a party seeks a reconsideration) and a petition for annulment of
favorable opinion in another, or when he institutes judgment is an act of forum shopping. (City of
two or more actions or proceedings grounded on Taguig v. City of Makati, G.R. No. 208393, Jun. 15,
the same cause to increase the chances of 2016)
obtaining a favorable decision. (Alonso v.
Relamida, A.C. No. 8481, August 3, 2010). The rule against forum shopping was violated
when petitioner filed its petition for Certiorari
Three Ways of Committing Forum Shopping despite its pending appeal before the CTA. (PPA
Forum shopping can be committed in 3 ways: v. City of Davao, G.R. No. 190324, 2018)
a. Filing multiple cases based on the same cause
of action and with the same prayer, the Certification Against Forum Shopping
previous case not having been resolved (litis The certification against forum shopping is a
pendentia); statement executed by the plaintiff or the principal
b. Filing multiple cases based on the same cause party under oath and must be signed by the party
of action and with the same prayer, the
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himself/herself and not merely by his shall be cause for dismissal of the case, without
attorney. (Sec. 5, Rule 7) prejudice, unless otherwise provided. Dismissal
shall be upon motion and after hearing. (Sec. 5,
The certification against forum shopping is a sworn Rule 7)
statement certifying the following matters:
1. That the party has not commenced any action Willful and deliberate forum shopping shall be a
or filed any claim involving the same issues in ground for summary dismissal and shall
any court, tribunal, or quasi-judicial agency constitute direct contempt as well as a cause for
and, to the best of his/her knowledge, no such administrative sanctions. (Id.).
other action or claim is pending therein;
2. That if there is such other pending action or Submission of false certification or non-
claim, a complete statement of the present compliance with the undertakings therein shall
status thereof; and constitute indirect contempt of court, without
3. That if he/she should thereafter learn that the prejudice to corresponding administrative and
same or similar action or claim has been filed criminal actions. (Id.).
or is pending, he/she shall report that fact
within 5 days therefrom to the court wherein If the forum shopping is not willful and deliberate,
his/her complaint or initiatory pleading was the subsequent cases shall be dismissed without
been filed. (Sec. 5, Rule 7) prejudice on one of the two grounds mentioned
above. But if the forum shopping is willful and
The authorization of the affiant to act on behalf of deliberate, both (or all, if there are more than two)
a party should be attached together with the actions shall be dismissed with prejudice. (Heirs of
pleading and the certification against forum Sotto v. Palicte, G.R. No. 159691, 2014).
shopping (Sec. 5, Rule 7)
In order to be held liable for willful and deliberate
A certification against forum shopping signed by forum shopping, there should be, on the party’s
counsel is a defective certification that is part, either a failure to include the certification in
equivalent to non-compliance with the requirement one's initiatory pleading, or a misrepresentation as
and constitutes a valid cause for the dismissal of to the pendency of another case involving the
the petition. (Ty-De Zuzuarregui v. Villarosa, G.R. same issues, parties, and causes of actions with
No. 183788, 2010) the second complaint. But where plaintiff files his
second complaint, after the court with jurisdiction
The certificate of non-forum shopping is a over the first complaint had granted a dismissal
mandatory requirement in filing a complaint and order, and such dismissal order has attained
other initiatory pleadings asserting a claim or finality, the plaintiff cannot be made liable for forum
relief. (Sec. 5, Rule 7) shopping. (Daswani v. BDO Universal, G.R. No.
190983, 2015).
Aside from a complaint, an initiatory pleading also
includes: Summary of Violations and the Corresponding
1. Permissive counterclaim; Sanctions Under Sec. 5, Rule 7
2. Cross-claim; VIOLATION SANCTION
3. Third (fourth, etc.)-Party complaint;
Failure to comply with Cause for dismissal
4. Complaint-in-intervention; and
the requirements of a without prejudice,
5.Petition or any application in which a party
asserts his claim for relief. (A.M. No. 04-94) certificate of non- unless otherwise
forum shopping. provided
Effect of Failure Comply with the Rule on Submission of false Indirect contempt of
Certification Against Forum Shopping certification or non- court, without
The failure to comply with the requirements is not compliance with prejudice to
curable by mere amendment of the pleading but certification corresponding
undertaking
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administrative and the certification against forum shopping, executes

criminal actions a special power of attorney in favor of a manager
Willful and deliberate Summary dismissal of the corporation, and it is the latter who signs the
forum shopping with prejudice, direct verification and certificate against forum shopping.
contempt, In other words, the power granted by a corporation
administrative to a corporate officer to sign the verification and
sanctions certificate may be further delegated, via special
power of attorney, to another. (Fuji Television
Requirement of a Corporation Executing the Network v. Espiritu, G.R. No. 204944-45, 2014).
Verification/ Certification of Non-Forum .
Shopping Verification and Certification Against Forum
The certification may be executed by an Shopping When Petitioner is a Government
authorized person as long as he/she is duly Entity
authorized by the corporation and has personal Where the petitioner is a government entity
knowledge of the facts required to be disclosed in created by the Constitution, and headed by its
the certification against forum shopping, the Chairman, there is no need for the Chairman
certification may be signed by the authorized himself to sign the verification. Its representative,
lawyer. (National Steel Corporation v. CA, G.R. lawyer or any person who personally knew the
No. 134468, 2002) truth of the facts alleged in the petition could sign
the verification.
If the petitioner is a corporation, a board
resolution authorizing a corporate officer to HOWEVER, with regard to the certification of non-
execute the certification against forum shopping is forum shopping, the established rule is that it must
necessary—a certification not signed by a duly be executed by the plaintiff or any of the principal
authorized person renders the petition subject to parties and not by counsel. Failure to show such
dismissal. (Gonzales v. Climax Mining Ltd., 452 authority to execute the petition on behalf of the
SCRA 607, 2005) plaintiff or principal party renders the petition
dismissible. (People v. Iroy, G.R. No. 187743,
Where a general manager of a corporation signs 2010).
the verification and certification against forum
shopping without attaching therewith a Differentiating the Rules on Verification and
corporate secretary’s certificate or board Certificate Against Forum Shopping
resolution that he is authorized to sign for and on CERTIFICATE
behalf of the petitioner-corporation, such failure VERIFICATION AGAINST FORUM
is not fatal to the complaint of the corporation. SHOPPING
This is especially true where the requisite board
resolution was subsequently submitted to the Non-compliance or a Non-compliance or a
court together with the pertinent documents. The defect therein does not defect therein, is
dismissal on a purely technical ground is frowned necessarily render the generally not curable
upon especially if it will result in unfairness. The pleading fatally by its subsequent
rules of procedure ought not to be applied in a very defective. The court submission or
rigid, technical sense for they have been adopted may order its correction thereof,
to help secure, not override, substantial justice. submission, correction unless there is a need
(Mid-land Pasig Land Development Co. v. Mario or act on the pleading to relax the Rule on the
Tablante, G.R. No. 162924, 2010) depending on the ground of "substantial
attending compliance" or
There is substantial compliance with the Rules circumstances. presence of "special
regarding the need for an authorized person to circumstances or
sign the certificate when a corporate officer, compelling reasons.
previously empowered via board resolution to sign
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Substantially complied Must be signed by all evidence on which the party pleading relies for
with when one who has the plaintiffs in a case; his or her claim or defense, as the case may be.
ample knowledge to those who did not sign (Sec. 1, Rule 8).
swear to the truth of the will be dropped as
allegations in the parties. If a cause of action or defense relied on is based
complaint signs the on law, the pertinent provisions thereof and
verification. Under justifiable their applicability to him or her shall be clearly and
circumstances, concisely stated. (Id.).
however, as when all
the plaintiffs or The allegations must also be supported by their
petitioners share a respective documentary and object evidence.
common interest and (Sec. 6, Rule 7).
invoke a common
cause of action or Ultimate Facts
defense, the signature The ultimate facts are the facts essential to a
of only one of them party’s cause of action or defense, or such facts as
substantially complies are so essential that they cannot be stricken out
with the Rule. without leaving the statement of the cause of
action inadequate. They are to be stated in a
(Fuji Television Network v. Espiritu, G.R. No. methodical and logical form, and in a plain,
204944-45, 2014). concise, and direct manner. (RIANO, 2019, p. 280)
e. Contents of a pleading
Ultimate facts refer to the principal, determinative,
The following are the contents of a pleading: constitutive facts upon the existence of which the
1. Designation of the pleading; cause of action rests. The term does not refer to
2. Allegation of the party’s claims and defenses; details of probative matter or particulars of
3. Reliefs prayed for; evidence which establish the material ingredients.
4. Date of the pleading (Sec. 2, Rule 7); (Philippine Bank of Communications v. Trazo,
5. Names of witnesses who will be presented to G.R. No. 165500, Aug. 30, 2006).
prove a party’s claim or defense;
6. Summary of the witnesses’ intended Test of Sufficiency of Facts Alleged in the
testimonies, as supported by judicial affidavits Complaint to Constitute a Cause of Action
attached to the pleading; and The test of sufficiency of the facts alleged in a
7. Documentary and object evidence in support of complaint to constitute a cause of action is
the allegations contained in the pleading. (Sec. whether, admitting the facts alleged, the court
6, Rule 7) could render a valid judgment upon the same in
accordance with the prayer of the petition or
Only witnesses whose judicial affidavits are complaint. To determine whether the complaint
attached in the pleading shall be presented by the states a cause of action, all documents attached
parties during trial, except if a party presents thereto may, in fact, be considered, particularly
meritorious reasons as basis for the admission of when referred to in the complaint. But the
additional witnesses. (Sec. 6, Rule 7) consideration of the annexed documents should
only be taken in the context of ascertaining the
4. ALLEGATIONS IN A PLEADING sufficiency of the allegations in the complaint.
(Lazaro v. Brewmaster International, Inc., G.R. No.
a. Manner Of Making Allegations 182779, Aug. 23, 2010).
Manner of Making Allegations in General

Every pleading shall contain in a methodical and
logical form, a plain, concise and direct
statement of the ultimate facts, including the
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What are NOT Ultimate Facts: How to Allege Fraud or Mistake

i. Evidentiary or immaterial facts (Id.); In averments of fraud or mistake, the
ii. Legal conclusions, conclusions or inferences of circumstances constituting such fraud or mistake
facts not stated, or incorrect inferences or must be stated with particularity. (Sec. 5, Rule 8)
conclusions from facts stated (Dalandan v.
Julio, G.R. No. L-19101, Feb. 29, 1964); How to Allege Malice, Intent, or Other
iii. The details of probative matter or particulars of Conditions of the Mind
evidence, statements of law, inferences and Malice, intent, knowledge or other conditions of the
arguments (Biñan Rural Bank v. Carlos, G.R. mind of a person may be averred generally. (Id.)
No. 193919, June 15, 2015], 759 PHIL 416-
422); or How to Plead a Judgment
iv. An allegation that a contract is valid or void is a In pleading a judgment, it is sufficient to aver the
mere conclusion of law (Cañete v. Genuino Ice judgment or decision without alleging matters
Co., Inc., G.R. No. 154080, Jan. 22, 2008). showing the jurisdiction to render judgment or
decision. (Sec. 6, Rule 8).
Evidentiary Facts
Evidentiary facts are those which are necessary to Note that jurisdiction is merely a disputable
prove the ultimate fact or which furnish evidence presumption and not conclusive. (Sec. 3 (n), Rule
of the existence of some other facts. (Locsin v. 131). Hence, lack of jurisdiction may be used as
Sandiganbayan, G.R. No. 134458, Aug. 9, 2007) an affirmative defense (Sec. 5 (b), Rule 6) or as a
ground for a motion to dismiss (Sec. 12 (a)(1),
i. Condition precedent Rule 15).
Nature of a Condition Precedent It is required to attach an authenticated copy of the

Conditions precedent are matters which must be judgment or decision together with the pleading.
complied with before a cause of action arises. (Sec. 6, Rule 8).
(RIANO, 2019, p. 304).
How to Plead an Official Document or Act
The characteristic of a condition precedent is that In pleading an official document or act, it is
the acquisition of the right is not effected while said sufficient to aver that the official document or the
condition is not complied with or is not deemed act was issued or done in compliance with law.
complied with. (Parks v. Tarlac, G.R. No. 24190, (Sec. 9, Rule 8)
Jul. 13, 1926)
The written official acts, or records of the
How Are Conditions Precedent Alleged sovereign authority, official bodies and tribunals,
A general averment of the performance or and public officers, whether of the Philippines, or
occurrence of all conditions precedent shall be of a foreign country are considered public
sufficient. (Sec. 3, Rule 8) documents. (Sec. 19 (a), Rule 132).
Effect of Failure to Comply with a Condition Public documents are admissible in evidence
Precedent without further proof of their due execution and
The defendant may raise as an affirmative defense genuineness, and has, in their favor, the
the failure of the plaintiff to comply with a condition presumption of regularity (Pen Development
precedent for filing the claim. (Sec. 12 (a)(5), Rule Corporation v. Martinez Leyba, Inc., G.R. No.
8). 211845, Aug. 9, 2017).
ii. Fraud, Mistake, Malice, Intent, Knowledge Capacity to Sue

And Other Condition Of The Mind, Judgments, Facts showing the capacity of a party to sue or be
Official Documents, And Acts sued or the authority of a party to sue or be sued
in a representative capacity or the legal existence
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of an organized association of persons that is b. Pleading An Actionable Document

made a party, must be averred. (Sec. 4, Rule 8)
Example: In pleading an actionable document, the pleader
i. If X is suing on behalf of Y as an agent, the fact must:
of Y being an agent must be alleged; 1. Set forth in the pleading the substance of the
ii. If a corporation is to sue, its due incorporation in instrument or the document, and
accordance with the law must be duly alleged. 2. Attach the original or the copy of the document
(RIANO, 2019, p. 306). to the pleading as an exhibit and which shall
form part of the pleading, (Sec. 7, Rule 8).
Facts That May be Averred Generally
i. Conditions precedent (BUT there must still be an Note that under the 2019 Amendments, an original
allegation that the specific condition precedent or a copy of the actionable document must be
has been complied with, otherwise, it will be attached to the pleading. It can no longer be
dismissed); (Sec. 3, Rule 8) merely set forth in the pleading.
ii. Capacity to sue or be sued; (Sec. 4, Rule 8)
iii. Capacity to sue or be sued in a representative How to Contest an Actionable Document
capacity; (Sec. 4, Rule 8) An actionable document can be contested:
iv. Legal existence of an organization; (Sec. 4, 1. By specific denial under oath; and
Rule 8) 2. By setting forth what is claimed to be the
v. Malice, intent, knowledge, or other condition of facts. (Sec. 8, Rule 8).
the mind; (Sec. 5, Rule 8)
vi. Judgments of domestic or foreign courts, If the defending party attaches an actionable
tribunals, boards, or officers (no need to show document to his or her answer, the plaintiff may file
jurisdiction); and (Sec. 6, Rule 8) a reply. (Sec. 10, Rule 6).
vii. Official document or act. (Sec. 9, Rule 8)
In current usage, the requirement that the denial
Alternative Causes of Action or Defenses must be under oath means that the denial must be
A party may set forth two or more statements of a verified. (RIANO, 2019, p. 310).
claim or defense alternatively or hypothetically,
either in one cause of action or defense or in Specific denial under oath is not required when:
separate causes of action or defenses. (Sec. 2, a. The adverse party does not appear to be a party
Rule 8). to the instrument; or
b. The compliance with an order for an inspection
For example, a plaintiff may raise in the alternative of the original instrument is refused. (Sec. 8,
that the liability of the defendant may be based on Rule 8).
either a quasi-delict or a breach of contract even
though he is not yet certain which of the causes of Effect of Failure to Properly Contest an
action will fit the set of facts alleged in the Actionable Document
complaint. (RIANO, 2019, p. 307). Save for the aforementioned exceptions, failure to
specifically deny under oath an actionable
Note that defenses may also be raised in the document results in the admission of the
alternative. This is consistent with the Omnibus genuineness and due execution of the instrument
Motion Rule. (Sec. 9, Rule 15). by the adverse party. (Sec. 8, Rule 8)
When two or more statements are made in the Thus, where the defense in the answer is based
alternative and one of them if made independently on an actionable document, a reply specifically
would be sufficient, the pleading is not made denying it under oath must be made; otherwise,
insufficient by the insufficiency of one or more of the genuineness and due execution of the
the alternative statements. (Sec. 2, Rule 8). document will be deemed admitted. (Casent
Realty v. Philbanking, G.R. No. 150731, 2007).
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Note: under the 2019 Amendments, a reply is filed

only when an actionable document is attached in Defenses Not Cut Off by the Admission of
the answer. (Sec. 10, Rule 6). Genuineness and Due Execution
i. Payment or non-payment;
Admission of Genuineness and Due Execution ii. Want or illegality of consideration;
By the admission of the genuineness and due iii. Fraud;
execution of an instrument is meant that the party iv. Mistake
whose signature it bears admits that he signed it v. Usury; (Id.)
or that it was signed by another for him with his vi. Prescription;
authority; that at the time it was signed it was in vii. Release;
words and figures exactly as set out in the viii. Statute of Frauds;
pleading of the party relying upon it; that the ix. Estoppel;
document was delivered; and that any formal x. Former Recovery or Discharge; and
requisites required by law, such as a seal, an xi. Bankruptcy. (RIANO, 2019, p. 313, 330, citing
acknowledgment, or revenue stamp, which it Acabal v. Acabal, G.R. No. 148376, Mar. 31,
lacks, are waived by him. (Hibberd v. Rohde, G.R. 2005).
No. 8418, Dec. 9, 1915).
Failure to specifically deny under oath the
GENUINENESS DUE EXECUTION genuineness and due execution of an actionable
document generally implies an admission of the
Means that the Means that the same by the other party. However, such implied
document is not document was signed admission is deemed waived if the party
spurious, counterfeit, voluntarily and asserting the same has allowed the adverse party
or of different import on knowingly by the party to present evidence contrary to the contents of
its face from the one whose signature such document without objection. (Central Surety
executed by the party; appears thereon; if v. Hodges, G.R. No. L-28633, 1971).
that the party whose signed by somebody
signature it bears has else, such c. Specific Denials
signed it; or representative had the
How Made and Purpose
that at the time it was authority to do so; and
A specific denial is made by specifying each
signed, it was in words it was duly delivered,
material allegation of fact, the truth of which the
and figures exactly as and that the formalities
defendant does not admit and, whenever
set out in the were complied.
practicable, setting forth the substance of the
pleadings.
matters upon which he/she relies to support
his/her denial. (Sec. 10, Rule 8; UA vs. Wallem
(FERIA, 2013, p. 358-359). Philippines Shipping, Inc G.R. No. 171337. July
11, 2012).
Defenses Cut Off by the Admission of
Genuineness and Due Execution The purpose of requiring the defendant to make a
By the admission of the genuineness and due specific denial is to make him disclose the matters
execution of the instrument, the following defenses alleged in the complaint which he succinctly
are waived: intends to disprove at the trial, together with the
1. Forgery in the signature; matter which he relied upon to support the denial.
2. Lack of authority or capacity to execute the (Aquintey vs. Tibong, G.R. No. 166704, Dec. 20,
document; 2006, see Rule 8, Sec. 10).
3. Want of delivery; or
4. At the time the document was signed, it was not
in words and figures exactly as set out in the
pleading. (Hibberd v. Rohde, G.R. No. 8418,
Dec. 9, 1915).
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Three Types of Specific Denial Where an answer states that the defendants
Under Rule 8, Sec.10, there are three modes of “specifically deny the allegations in pars. 2 and 3
specific denial: of the complaint for want of knowledge or
i. Absolute Denial - by specifying each material information sufficient to form a belief as to the truth
allegation of the fact in the complaint, the truth thereof, the truth of the matter being those alleged
of which the defendant does not admit, and in the special and affirmative defenses of the
whenever practicable, setting forth the defendants...," this is considered a valid denial, as
substance of the matters which he will rely the explanation is said to be provided for in the
upon to support his denial; affirmative and special defenses. (Gaza v. Lim,
ii. Partial Denial - by specifying so much of an G.R. No. 126863, Jan. 16, 2003).
averment in the complaint as is true and
material and denying only the remainder i. Effect Of Failure To Make A Specific Denial
(Partial Denial); and
iii. Denial by Disavowal of Knowledge - by stating General Rule on Effect of Failure to Make or
that the defendant is without knowledge or Absence of Specific Denial
information sufficient to form a belief as to the Failure to make a specific denial will be considered
truth of a material averment in the complaint, an admission of the material averments in a
which has the effect of a denial. (Republic v. pleading asserting a claim or claims. (Sec. 11,
Gimenez, G.R. No. 174673, Jan. 11, 2016). Rule 8).
Examples: The answer should be so definite and certain in its

i. Absolute Denial – “Defendant denies the truth allegations that the pleader's adversary should not
of the allegation in par. 7 of the complaint that be left in doubt as to what is admitted, what is
he owes the plaintiff P450,000; the truth is that denied, and what is covered by denials of
the plaintiff is the one who owes the defendant knowledge as sufficient to form a belief. (Republic
the same amount.” v. Spouses Gimenez, G.R. No. 174673, Jan. 11,
ii. Partial Denial – “Defendant admits the 2016).
allegations in par. 5 of the complaint that
plaintiff sustained injuries in a collision with the The purpose of requiring specific denials from the
former’s car but denies that the collision was defendant is to make the defendant disclose the
through the defendant’s fault.” matters alleged in the complaint which he [or she]
iii. Denial by Disavowal of Knowledge – In a succinctly intends to disprove at the trial, together
complaint for collection of a sum of money, the with the matter which he [or she] relied upon to
complaint duly pleaded a promissory note as support the denial. (Id.).
an actionable document. Defendant did not
sign the note and thus denied knowledge of the Matters Not Deemed Admitted
note in good faith. (RIANO, 2019, p. 326-327). Notwithstanding the absence of a specific denial,
the following are not deemed admitted:
But the rule, which specifically authorizes an 1. Allegations as to the amount of unliquidated
answer of the defendant that he has no knowledge damages;
or information sufficient to form a belief to the truth 2. Allegations immaterial as to the cause of action;
of an averment and which would have an effect of and
a denial, does not apply where the fact as to 3. Conclusions of law and fact in a pleading. (Sec.
which want of knowledge is asserted is to the 8, Rule 11; RIANO, 2019, p. 331;).
knowledge of the court as plainly and necessarily
within the defendant’s knowledge that his Conclusions of Law
averment of ignorance must be palpably untrue. A “conclusion of law" is defined as a proposition
(Warner Barnes v. Reyes, G.R. No. L-9531, May not arrived at by any process of natural reasoning
14, 1958). from a fact or combination of facts stated but by
the application of the artificial rules of law to the
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facts pleaded. (Siquian v. People, G.R. No. 82197,

Mar. 13, 1989). ii. When A Specific Denial Requires An Oath
A pleading should state the ultimate facts essential When Oath is Required in a Specific Denial
to the rights of action or defense asserted, as When an action or defense is based on an
distinguished from mere conclusions of fact, or actionable document, the denial must be under
conclusions of law. General allegations that a oath and must set forth what he or she claims to
contract is valid or legal, or is just, fair and be the facts. (Sec. 8, Rule 8)
reasonable, are mere conclusions of law.
Likewise, allegations that a contract is void, The 2019 Amendments do not require anymore
voidable, invalid, illegal, ultra vires, or against that allegations of usury in a complaint to recover
public policy, without stating facts showing its usurious interest be denied under oath.
invalidity, are mere conclusions of law. (Abad v.
Court of First Instance of Pangasinan, Branch VIII, See prior discussions on Denial of an Actionable
G.R. Nos. 58507-08, February 26, 1992). Document.
Labelling an obligation to have prescribed without d. Affirmative Defenses

specifying the circumstances behind it is a mere
conclusion of law. (Mercene v. Government Definition
Service Insurance System, G.R. No. 192971, An affirmative defense is an allegation of a new
January 10, 2018). matter which, while hypothetically admitting the
material allegations in the pleading of the claimant
General Denial Amounting to Admission would nevertheless prevent or bar recovery by
him. (Sec. 5(b), Rule 6)
A general denial is one which puts in issue all the
material averments of the complaint or petition and
permits the defendant to prove any and all facts Before an allegation qualifies as an affirmative
which tend to negate those averments or someone defense, it must be of such nature as to bar the
or all of them. (Loyola vs. House of plaintiff from claiming on his cause of action
Representatives Electoral Tribunal, G.R. No. (Pesane Animas Mongao v. Pryce Properties
109026, Jan. 4, 1994). Corp., G.R. No. 156474, 2005)
A general denial does not become specific by the Classification of Affirmative Defenses
use of the word "specifically." When matters of Under the 2019 Amendments, the affirmative
whether the defendant alleges having no defenses can be classified into three groups:
knowledge or information sufficient to form a belief i. Affirmative defenses under the first paragraph of
are plainly and necessarily within the defendant’s Section 5 (b) of Rule 6;
knowledge, an alleged "ignorance or lack of ii. Affirmative defenses under the second
information" will not be considered as a specific paragraph of Section 5 (b) of Rule 6; and
denial. (Republic v. Gimenez, G.R. No. 174673, iii. Affirmative defenses under Section 12 (a), Rule
Jan. 11, 2016). 8.
Negative Pregnant Amounting to Admission Affirmative Defenses Under the First

It is a denial pregnant with the admission of the Paragraph of Section 5 (b) of Rule 6
substantial facts in the pleading responded to The affirmative defenses under the first paragraph
which are not squarely denied. It was in effect an of Section 5 (b) of Rule 6 are:
admission of the averments it was directed 1. Fraud;
at. (Marcos, Jr. v. PCGG, G.R. No. 189434, April 2. Statute of limitations (Prescription);
25, 2012) 3. Release;
4. Payment;
Note: See prior discussions on Negative Pregnant. 5. Illegality;
6. Statute of frauds;
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7. Estoppel; Exception: The following affirmative defenses are

8. Former recovery; not deemed waived:
9. Discharge in bankruptcy; and 1. The court has no jurisdiction over the subject
10. Any other matter by way of confession and matter;
avoidance. 2. There is another action pending between the
same parties for the same cause;
In resolving the above affirmative defenses, the 3. The action is barred by a prior judgment; or
court may conduct a summary hearing within 15 4. The action is barred by the statute of limitations.
calendar days from the filing of the answer. Such (Sec. 1, Rule 9).
affirmative defenses shall be resolved by the court
within 30 calendar days from the termination of the When the above grounds appear from the
summary hearing. (Sec. 12 (d), Rule 8). pleadings or from the evidence on record, the
court shall dismiss the claim motu propio. (Id;
Affirmative Defenses Under the Second (Heirs of Valientes v. Ramas, G.R. No. 157852,
Paragraph of Section 5 (b) of Rule 6 Dec. 15, 2010).
The affirmative defenses under the second
paragraph of Section 5 (b) of Rule 6 are: However, the ground for dismissal must be evident
1. That the court has no jurisdiction over the from the pleadings or from the evidence on record
subject matter; before a Court can dismiss a case motu proprio
2. That there is another action pending between (De Leon v. Chu, G.R. No. 186522 Sep. 2, 2015).
the same parties for the same cause;
3. That the action is barred by prior judgment. Summary of Affirmative Defenses
Under Rule Under Rule Under Sec.
Under the 2019 Amendments, the above 6, Sec. 5(b) 6, Sec. 5(b) 12 (a), Rule 8
affirmative defenses, including prescription, are par. 1 par. 2
also the grounds for a motion to dismiss under 1. Fraud; 2. Lack of 1. Lack of
Section 12 (a) of Rule 15. 2. Statute of jurisdiction jurisdiction
limitations; over the over the
Affirmative Defenses Under Section 12 (a) of 3. Release; subject person of the
Rule 8 4. Payment; matter; defendant
The affirmative defenses under Section 12 (a) of 5. Illegality; 2. Res 2. Improper
Rule 8 are: 6. Statute of judicata; venue;
1. That the court has no jurisdiction over the frauds; 3. Litis 3. Lack of
person of the defending party; 7. Estoppel; pendentia capacity to
2. That venue is improperly laid; 8. Former sue of the
3. That the plaintiff has no legal capacity to sue; recovery; plaintiff;
4. That the pleading asserting the claim states no 9. Discharge 4. Failure to
cause of action; and in bankruptcy; state a cause
5. That a condition precedent for filing the claim and of action;
has not been complied with. 10. Any other 5. Non-
matter by way compliance
As to the above affirmative defenses, the court of confession with condition
shall motu propio resolve them within 30 days from and precedent
the filing of the answer. (Sec. 12 (c), Rule 8). avoidance.
Effect of Failure to Raise Affirmative Defenses Court may Resolved by Resolved by

Failure to raise the affirmative defenses at the conduct a the court motu the court motu
earliest opportunity shall constitute waiver thereof. summary propio when propio within
(Sec. 12 (b), Rule 8). hearing within the grounds 30 days from
15 days from (including
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Under Rule Under Rule Under Sec. Grounds Not Deemed Waived
6, Sec. 5(b) 6, Sec. 5(b) 12 (a), Rule 8 Failure to plead the following defenses does not
par. 1 par. 2 result in their waiver:
filing the prescription) filing the i. Lack of jurisdiction over the subject matter;
answer and appear from answer. ii. Litis pendentia;
resolve the the pleadings iii. Res judicata
same within or the iv. Prescription or Statute of limitations. (Id.).
30 days from evidence on
the record. While not included in the above enumeration
termination of under Section 1, Rule 9 of the Rules of Court, the
the summary Court has ruled in previous cases that laches need
hearing. not be specifically pleaded and may be considered
Affirmative Affirmative Affirmative by the court on its own initiative in determining the
defenses not defenses are defenses not a rights of the parties. (Heirs of Valientes v. Ramas,
a ground for a grounds for a ground for a G.R. No. 157852, Dec. 15, 2010).
motion to motion to motion to
dismiss dismiss. dismiss. Lack of jurisdiction over the subject matter may be
except for raised at any stage of the proceedings, even for
statute of the first time on appeal.
limitations/
prescription. Exception: Estoppel by laches (Tijam v.
Sibonghanoy, G.R. No. L-21450, 1968)
Striking Out of Pleading or Matter Contained
Therein See prior discussion on Effect of Failure to Raise
The court may order any pleading to be stricken Affirmative Defenses regarding defenses not
out or that any sham or false, redundant, deemed waived.
immaterial, impertinent, or scandalous matter be
stricken out therefrom. (Sec. 13, Rule 8). b. Failure To Plead A Compulsory
Counterclaim Or Cross-Claim
When Can Striking Out be Made
Effect of Failure to Set Up Counterclaim or
a. Upon motion by a party before responding to a
Cross-Claim
pleading;
A compulsory counterclaim, or cross-claim, not set
b. Upon motion by a party within 20 days after
up at the time a defending party files his answer,
service of the pleading upon him if no
shall be BARRED. (Sec. 2, Rule 9).
responsive pleading is permitted; or
c. Upon court’s own initiative at any time. (Id.).
Note, however, that this applies to a compulsory
5. EFFECT OF FAILURE TO PLEAD counterclaim. A permissive counterclaim will not
be barred. (RIANO, 2019, p. 356).
a. Failure To Plead Defenses And
Objections How to Set Up Omitted Counterclaim or Cross-
claim
Effect of Failure to Plead Defenses and An AMENDED ANSWER is proper if the
Objections counterclaim or cross claim ALREADY EXISTED
Defenses and objections not pleaded either in a at the time the original answer was filed, but due
motion to dismiss or in the answer are deemed to oversight, inadvertence, or excusable neglect, it
waived. (Sec. 1, Rule 9). was not set up. (Sec. 10, Rule 11; FERIA, 2013, p.
379).
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A SUPPLEMENTAL ANSWER is proper if the to file an answer. Thus, if these two motions are
counterclaim or cross-claim matures or is acquired filed, a defendant may NOT be declared in default
AFTER the answer is filed. (Sec. 9, Rule 11; pending the resolution of these two motions. (see
FERIA, 2013, p. 379). Sec. 5, Rule 12; Spouses Barraza v. Campos, Jr.,
G.R. No. L-50437, Feb. 28, 1983).
See prior discussions on Counterclaims and
Cross-claims Extension of Time to File an Answer
Under the 2019 Amendments, a defendant may,
6. DEFAULT for meritorious reasons, be granted an additional
period of not more than 30 days to file an answer.
Nature of Default A defendant is only allowed to file one motion for
Default is a procedural concept that occurs when extension of time to file an answer. (Sec. 11, Rule
the defending party fails to file his answer within 11).
the reglementary period. It does not occur from the
failure of the defendant to attend either the pre-trial Admission of Answer Filed Out of Time
or the trial. (RIANO, 2019, p.333). When there is no declaration of default yet, the
answer may be admitted even if filed out of time.
A declaration or order of default is issued as a The rule is that the defendant's answer should be
punishment for unnecessary delay in joining admitted where it is filed before a declaration of
issues. In such event, defendants lose their default and no prejudice is caused to the plaintiff.
standing in court, and they cannot expect the trial Where the answer is filed beyond the
court to act upon their pleadings. (Vlason reglementary period but before the defendant is
Enterprises Corp. v. Court of Appeals, G.R. Nos.
declared in default and there is no showing that
121662-64, Jul. 6, 1999).
defendant intends to delay the case, the answer
should be admitted. (Spouses Lumanas v. Sablas,
The defendant’s non-appearance in the hearing G.R. No. 144568, Jul. 3, 2007).
and the failure to adduce evidence does NOT
constitute default when an answer has been filed Requisites Before a Party May be Declared in
within the reglementary period. Instead, it amounts Default:
to a waiver of the defendant’s right to object to the 1. The court has validly acquired jurisdiction over
evidence presented during such hearings and to the person of the defending party, either by
cross-examine the witness presented. (Monzon v. service of summons or voluntary appearance;
Sps Relova v. Addio Properties, G.R. No. 17182,
2. The defending party failed to file the answer
2008)
within the time allowed therefore;
3. The claiming party must file a motion to declare
a. When A Declaration Of Default Is Proper
the defending party in default;
4. The claiming party must prove that the
Declaration of Default defending party has failed to answer within the
If the defending party fails to answer within the period provided by the Rules of Court;
time allowed therefor, the court shall, upon motion 5. The defending party must be notified of the
of the claiming party with notice to the defending motion to declare him in default;
party, and proof of such failure, declare the 6. There must be a hearing of the motion to declare
defending party in default. (Sec. 3, Rule 9). the defending party in default.
(FERIA, 2013 p. 383, citing Sps. Delos Santos v.
An answer is to be filed by the defendant within 30 Carpio, G.R. No. 153696, Sep. 11, 2006).
days after service of summons, unless the court
fixes a different period. (Sec. 1, Rule 11). The default of the defending party cannot be
declared motu proprio. (Momarco Import Co., Inc.
Filing a motion to dismiss or a motion for a bill of v. Villamena, G.R. No. 192477, Jul. 27, 2016).
particulars will interrupt the running of the period
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Two Stages of Default notices of subsequent but it shall not exceed

1. Declaration or Order of Default; and proceedings. the amount or be
2. Rendition of Judgment by Default different in kind from
(Sec. 3, Rule 9). that prayed for nor
award unliquidated
General Rule: A default order and consequently, damages.
a default judgment are triggered by the failure to Interlocutory Order – Final Order –
file the required answer by the defending party. Not appealable Appealable.
(Id.). through ordinary
appeal.
Exceptions: (Sec. 3, Rule 9; Manila Electric Co. v. La Campana
Despite an answer being filed, a JUDGMENT BY Food Products, Inc., G.R. No. 97535, Aug. 4,
DEFAULT may still be rendered in the following 1995).
circumstances:
a. If a party refuses to obey an order requiring him b. Effect Of An Order Of Default
to comply with the various modes of discovery
(Sec. 3 (c), Rule 29); or Effects of an Order of Default
b. If a party or officer or managing agent of a party Once a party has been declared in default, he shall
willfully fails to appear before the officer who is not take part in the trial, but he shall be entitled to
to take his deposition (Sec. 5, Rule 29). notices of subsequent proceedings. (Sec. 3 (a),
Rule 9).
But note that the failure to attend the pre-trial does
not result in the “default” of the defendant. Instead, A defendant declared in default loses his or her
the failure to attend shall be cause to allow the standing in court. He or she is deprived of the right
plaintiff to present evidence ex parte and for the to take part in the trial and forfeits his or her rights
court to render judgment on the basis thereof. as a party litigant, has no right to present evidence
(RIANO, 2019, p. 334, citing Aguilar v. supporting his or her allegations, and has no right
Lightbringers Credit Cooperative, G.R. No. to control the proceedings or cross-examine
209605, Jan. 12, 2015). witnesses. Moreover, he or she has no right to
expect that the court would act upon his or her
While the effect of the failure of the defendant to pleadings, or that he or she may oppose motions
appear at the pre-trial is similar to that of default, filed against him or her. (Lui Enterprises, Inc. v.
this consequence is not to be called “declaration Zuellig Pharma Corp., G.R. No. 193494, Mar. 12,
of default.” (Id.) 2014).
Order of Default vs. Judgment by Default While the defendant can no longer take part in the
ORDER OF JUDGMENT BY trial, he is nevertheless entitled to notices of
DEFAULT DEFAULT subsequent proceedings. He may participate in
the trial not as a party but as a witness. (Cavili v.
Issued by the court Rendered by a court
Florendo, G.R. No. 73039, Oct. 9, 1987).
upon plaintiff’s motion after a default order
for failure of the has been issued or
Notices Which Party in Default is Entitled To
defendant to file his after it has received,
1. Motion to declare him in default;
responsive pleading ex parte, plaintiff’s
2. Order declaring him in default;
within the evidence.
3. Subsequent proceedings; and
reglementary period.
4. Service of final orders and judgments.
Bars the party in Grants the claimant
(Sec. 3, Rule 9).
default from the relief his pleading
participating in trial, may warrant, unless
but he is entitled to the court requires him
to submit evidence,
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Options of the Court After Declaration of

Default The remedies of the motion to set aside order of
The court, upon its own discretion may: default, motion for new trial, and petition for relief
a. Proceed to render judgment; OR from judgment are mutually exclusive, not
b. Require the plaintiff to present his evidence ex alternative or cumulative. Depending on when
parte according to judicial discretion. The the default was discovered and whether a default
reception of the evidence may be done by the judgment was already rendered, a defendant
court or delegated to the clerk of court. declared in default may avail of only one of the
(Id.). three remedies. (Lui Enterprises, Inc. v. Zuellig
Pharma Corp., G.R. No. 193494, Mar. 12, 2014).
A declaration of default is NOT an admission of the
truth or the validity of the plaintiff’s claims. Requisites for Motion to Set Aside Order of
(Monarch Insurance v. CA, G.R. No. 92735, Jun. Default
8, 2000) The defendant's motion to set aside order of
default must satisfy three conditions:
Complainants are not automatically entitled to the 1. The defendant must challenge the default order
relief prayed for, once the defendants are declared before judgment by filing a motion under oath.
in default. Favorable relief can be granted only 2. The defendant must have been prevented from
after the court has ascertained that the relief is filing his answer due to fraud, accident, mistake
warranted by the evidence offered and the facts or excusable negligence;
proven by the presenting party. Quantum of proof 3. The defendant must have a meritorious
of plaintiff remains the same even with defendant’s defense. (Sec. 3 (b), Rule 9; Lui Enterprises,
default. (Gajudo v. Traders Royal Bank, G.R. No. Inc. v. Zuellig Pharma Corp., G.R. No. 193494,
151098, Mar. 21, 2006). Mar. 12, 2014).
4. The motion to lift order of default must be
c. Relief From An Order Of Default appended an affidavit showing the invoked
ground, and another, denominated affidavit of
Remedies of a Party Declared in Default merit, setting forth facts constituting the party's
1. After notice of order of default but before meritorious defense or defenses. (Spouses
judgment: motion under oath to set aside order Manuel v. Ong, G.R. No. 205249, Oct. 15,
of default when failure to answer is based on 2014).
fraud, accident, mistake, excusable negligence
and the defendant has a meritorious defense Rule 9, Section 3 (b) gives an exclusive list of only
(Sec. 3 (b), Rule 9).
4 grounds that allow for relief from orders of
2. After judgment but before it becomes final and default. Moreover, these grounds — extrinsic
executory: motion for new trial (Sec. 1 (a), Rule fraud, accident, mistake, and excusable
37); or appeal from the judgment rendered negligence — relate to factors that are
against him as contrary to the evidence or to extraneous to a defendant, that is, grounds that
the law, even if no petition to set aside the order show that a defendant was prevented, by reasons
of default has been presented by him (Sec. 2, beyond his or her influence, from timely filing an
Rule 41); answer. (Id.).
3. After the judgment has become final and
executory: petition for relief (Sec. 1, Rule 38) Excusable negligence is one which ordinary
4. After an improvident declaration of default: diligence and prudence could not have guarded
Petition for certiorari to declare the nullity of a against. (Lui Enterprises, Inc. v. Zuellig Pharma
judgment by default is also available if the trial Corp., G.R. No. 193494, Mar. 12, 2014).
court improperly declared a party in default, or
even if the trial court properly declared a party
in default, if grave abuse of discretion attended
such declaration. (Gomez v. Montalban, G.R.
No. 174414, Mar. 14, 2008).
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d. Effect Of A Partial Default Example:

If the complaint seeks to recover P1 million, but the
Elements of Partial Default evidence shows that the plaintiff has a right to
1. The default asserting a claim states a common recover P1.5 million, only P1 million should be
cause of action against several defending granted because a judgment rendered against a
parties; party in default shall not exceed the amount
2. Some of the defending parties answer and the prayed for. (RIANO, 2019, p. 343).
others fail to do so; and
3. The answer interposes a common defense. f. Actions Where Default Is Not Allowed
(Sec. 3(c), Rule 9).
Cases Where a Declaration of Default Cannot
Effects of Partial Default be Made
The court shall try the case against ALL the 1. Annulment of marriage;
defending parties based on the answers filed and 2. Declaration of nullity of marriage;
render judgment upon the evidence presented 3. Legal Separation; (Sec. 3(e), Rule 9).
where the claim states a common cause of action 4. Special civil actions of certiorari, prohibition and
against them. (Id.). mandamus where comment instead of an
answer is required to be filed (Sec. 6, Rule 65);
The effects, therefore, of a failure to file a separate and
answer when other co-defendants had already 5. Cases under Rules on Summary
filed theirs, are limited to the following: Procedure (Sec. 19, Revised Rule on
1. While the non-answering defendants may be Summary Procedure, as amended);
declared in default, the court would still try the 6. Cases under Rules on Small Claims (Sec. 16,
case against them on the assumption that they Revised Rules of Procedure for Small Claims
are deemed to have adopted the answer of the Cases, as amended).
answering defendants; and 7. Cases under the Rules on the Writ of Amparo
2. If declared in default, the defaulting party is (Sec. 11, Rule on the Writ of Amparo); and
deprived of no more than the right to take part 8. Cases under the Rules on the Writ of Habeas
in the trial. Consequently, the result of the Data (Sec. 13, Rules on the Writ of Habeas
litigation, whether favorable or unfavorable, Data).
shall affect and bind the defaulting party and
the answering defendant with equal force and Failure to File a Comment in Cases of
effect. (Grageda v. Gomez, G.R. No. 169536, Certiorari, Prohibition and Mandamus
Sep. 21, 2007). When no comment is filed by any of the
respondents, the case may be decided on the
The rule on partial default does not apply where basis of the record, without prejudice to any
the defenses of the answering defendants were disciplinary action which the court may take
personal to them, such as forgery. (Luzon Surety against the disobedient party. (Sec. 7, Rule 47).
Co v. Magbanua, G.R. No. L-41804, Jul. 30,
1976). Failure to File an Answer in the Cases of
Annulment or Nullity of Marriage or Legal
e. Extent Of Relief Separation
If the defending party in an action for annulment
Extent of Relief Granted to Claiming Party or declaration of nullity of marriage or for legal
A judgment rendered against a party declared in separation fails to answer, the court shall order
default shall not: the Solicitor General or his or her deputized public
1. Exceed the amount prayed for; prosecutor, to investigate whether or not a
2. Be different in kind from that prayed for; collusion between the parties exists, and if there is
3. Award unliquidated damages. no collusion, to intervene for the State in order
(Sec. 3(d), Rule 9). to see to it that the evidence submitted is not
fabricated. (Sec. 3 (e), Rule 9).
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7. FILING AND SERVICE OF PLEADINGS

Failure to File Response In Small Claims Cases
Should the defendant fail to file his/her/its a. Payment Of Docket Fees
Response within the required period, and likewise
fail to appear on the date set for hearing, the court Payment of Docket Fees – Jurisdictional For
shall render judgment on the same day, as may be Initiatory Pleadings
warranted by the facts alleged in the Statement of It is not simply the filing of the complaint or
Claim/s. (Sec. 14, Revised Rules of Procedure for appropriate initiatory pleading, but the payment of
Small Claims Cases, as amended). the prescribed docket fees that vests a trial court
with jurisdiction over the subject matter or nature
Should the defendant fail to file his/her/its of the action. (Serrano v. Delica, G.R. No. 136325,
Response within the required period but appears Jul. 29, 2005).
on the date set for hearing, the court shall
ascertain what defense he/she/it has to offer which A case is deemed filed only upon payment of the
shall constitute his/her/its Response and proceed docket fee regardless of the actual date of filing in
to hear or adjudicate the case on the same day as court. And neither can the amendment of the
if a Response has been filed. (Id.). complaint thereby vest jurisdiction upon the Court.
For all legal purposes, there is no such original
Failure to File an Answer in Cases Covered by complaint that was duly filed which could be
the Rule on Summary Proceeding amended. (Manchester Development Corp v. CA,
The defendant who fails to file an answer G.R. No. 75919, May 7, 1987)
seasonably is not supposed to be declared in
default. Instead, the court, motu proprio or upon The court requires that all complaints, petitions,
motion of the plaintiff, shall render judgment as answers, and similar pleadings must specify the
may be warranted by the facts alleged in the amount of damages being prayed for both in the
complaint and limited to what is prayed for. (Sec. body of the pleading and in the prayer, and said
6, Revised Rule on Summary Procedure, as damages shall be considered in the assessment of
amended). the filing fees in any case. Any pleading that fails
to comply with this requirement shall not be
Failure to File a Return Under the Rules on the accepted nor admitted or shall otherwise be
Writ of Amparo expunged from the record. (Id.)
Upon the service of the writ of amparo, the
respondent is required to file a verified return Aggregate Amount Claimed as Basis for
which contains his lawful defenses (Sec. 9, Rule Assessment of Docket Fees
on the Writ of Amparo). For actions involving recovery of money or
damages, the aggregate amount claimed should
Should respondent fail to file a return, the court, be the basis for assessment of docket fees. Thus,
justice, or judge shall proceed to hear the petition the basis for the assessment of the filing fees
ex parte. (Sec. 12, Rule on the Writ of Amparo). should not have been only the principal amounts
due on the loans, but also the accrued interests,
Failure to File a Return Under the Rules on the penalties, and attorney's fees. (Heirs of Dragon v.
Writ of Habeas Data The Manila Banking Corp., G.R. No. 205068,
If the respondent fails to file his return which 2019)
contains his lawful defenses, the court, justice, or
judge shall proceed to hear the petition ex parte, Liberal Interpretation on the Non-Payment of
granting such relief as his petition may warrant, or Docket Fees
require the petitioner to submit further evidence. Notwithstanding the mandatory nature of the
(Sec. 4, Rules on the Writ of Habeas Data). requirement of payment of appellate docket fees,
we also recognize that its strict application is
qualified by the following:
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i. Failure to pay those fees within the reglementary complaint or similar pleading, for then it will not be
period allows only discretionary, not automatic, possible for the claimant to specify nor speculate
dismissal; as to the amount thereof. (GSIS v. Caballero, G.R.
ii. Such power should be used by the court in No. 158090, 2010).
conjunction with its exercise of sound
discretion in accordance with the tenets of But the general rule remains that the amount of
justice and fair play, as well as with a great deal any claim for damages, therefore, arising on or
of circumspection in consideration of all before the filing of the complaint or any pleading
attendant circumstances. should be specified. It is the duty of the parties
(Heirs of Reinoso, Sr. v. Court of Appeals, G.R. claiming such damages to specify the amount
No. 116121, Jul. 18, 2011) sought on the basis of which the court may make
a proper determination, and for the proper
While the court acquires jurisdiction over any case assessment of the appropriate docket fees. (Ayala
only upon the payment of the prescribed docket Corp. v. Madayag, G.R. No. 88421, Jan. 30,
fees, its non-payment at the time of filing of the 1990).
initiatory pleading does not automatically cause its
dismissal provided that: (a) the fees are paid within Effect of Failure to Pay Docket Fees on the
a reasonable period; and (b) there was no Amended or Supplemental Complaint
intention on the part of the claimant to defraud the The lower court acquired jurisdiction over the case
government. (Camaso v. TSM Shipping (Phils), when private respondent paid the docket fee
Inc., G.R. No. 223290, Nov. 7, 2016). corresponding to its claim in its original complaint.
Its failure to pay the docket fee corresponding to
Note: the payment of docket fees for compulsory its increased claim for damages under the
counterclaim is no longer required. A.M. No. 04-2- amended complaint should not be considered as
04-SC which included the payment of docket fees having curtailed the lower court's jurisdiction. The
of compulsory counterclaims has been suspended unpaid docket fee should be considered as a lien
since September 21, 2004 by virtue of OCA on the judgment even though private respondent
Circular 96-2009. specified the amount of P600,000.00 as its claim
for damages in its amended complaint. (PNOC
Insufficient Payment of Docket Fees Shipping and Transport Corp. v. Court of Appeals,
If the amount of docket fees paid is insufficient G.R. No. 107518, Oct. 8, 1998).
considering the amount of the claim, the clerk of
court of the lower court involved or his duly What the plaintiffs failed to pay was merely the
authorized deputy has the responsibility of making filing fees for their Supplemental Complaint. The
a deficiency assessment. The party filing the case RTC acquired jurisdiction over plaintiffs' action
will be required to pay the deficiency, but from the moment they filed their original complaint
jurisdiction is not automatically lost. (Rivera v. Del accompanied by the payment of the filing fees due
Rosario, G.R. No. 144934, Jan. 15, 2004). on the same. The plaintiffs' non-payment of the
additional filing fees due on their additional claims
Where the court in its final judgment awards a did not divest the RTC of the jurisdiction it already
claim not alleged, or a relief different from, or more had over the case. (Do-All Metals Industries, Inc.
than that claimed in the pleading, the party v. Security Bank Corp., G.R. No. 176339, Jan. 10,
concerned shall pay the additional fees which shall 2011).
constitute a lien on the judgment in satisfaction of
said lien. The clerk of court shall assess and b. Distinguish: Filing And Service Of
collect the corresponding fees. (Sec. 2, Rule 141). Pleadings
The rule that “the additional docket fee therefor Filing and Service, Defined
shall constitute a lien on the judgment” applies Filing is the act of submitting the pleading or other
only to damages arising after the filing of the paper to the court. (Sec 2, Rule 13).
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Service is the act of providing a party with a copy 9. Offers of judgment; and
of the pleading or any other court submission. (Id.). 10. Similar papers. (Rule 13, Sec. 4)
Note that service may also be made by the court. Pleadings subsequent to original complaint and
(see Secs. 13 and 18, Rule 13). written motions should first be served on the
parties before they are filed with court. (FERIA,
To Whom Service is Made 2013, p. 425).
a. If the party appears without a counsel – service
is to be made upon such party; But for ex parte written motions, the original
b. If the party appears by counsel - service upon complaint is first filed, and then served, although
such party shall be made upon his or her they need not be set for hearing. (Supra. at p.425-
counsel, unless service upon the party and 426).
the party's counsel is ordered by the court;
c. If one counsel appears for several parties – For judgments, resolutions, and orders of the
same as above, but such counsel shall only be court, they should first be filed with the clerk of
entitled to one copy of any paper served by the court before they are served upon the parties
opposite side; affected. The act of filing constitutes rendition or
d. If several counsels appear for one party - such promulgation thereof. (Sec. 1, Rule 36; FERIA,
party shall be entitled to only one copy of any 2013, p. 425).
pleading or paper to be served upon the lead
counsel if one is designated, or upon any one c. Periods Of Filing Of Pleadings
of them if there is no designation of a lead
counsel. (Id.). Answer to Complaint
The defendant shall file his answer to the
Service of the petition on a party, when that party complaint within 30 days after service of
is represented by a counsel of record, is a patent summons, unless a different period is fixed by
nullity and is not binding upon the party wrongfully the court.
served. (Republic v. Caguioa, G.R. No. 174385,
Feb. 20, 2013). Extension of Time to File an Answer
A defendant may, for meritorious reasons, be
The above rule, however, is a procedural standard granted an additional period of not more than 30
that may admit of exceptions when faced with calendar days to file an answer. A defendant is
only allowed to file 1 motion for extension of
compelling reasons of substantive justice manifest
time to file an answer. (Sec. 11, Rule 11).
in the petition and in the surrounding
circumstances of the case. The Republic’s
subsequent compliance with the rule after being Under the 2019 Amendments, a motion for
informed of the presence of counsels of record extension to file any pleading, other than an
sufficiently warrants the rule's relaxed application. answer, is prohibited and considered a mere
(Id.). scrap of paper. (Id.; also see Sec. 12, Rule 15).
Papers Required to be Filed and Served on the The court, however, may allow any other pleading
Parties Affected: to be filed after the time fixed by these Rules.
1. Judgments; (Sec. 11, Rule 11).
2. Resolutions;
3. Orders; Where the Defendant is a Foreign Private
4. Pleadings subsequent to the complaint; Juridical Entity
5. Written motion; a. Within 30 days after service of summons if
6. Notices; there exists a resident agent. (Sec. 1, Rule
7. Appearances; 11).
8. Demands;
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b. Within 30 days after service of summons if Reply

there is no resident agent but there is an agent Reply, if allowed (i.e, answer attaches an
or officer in the Philippines. (Sec. 1, Rule 11). actionable document), may be filed within 15 days
c. Within 60 days after receipt of summons by from service of the pleading responded
the home office of the foreign private entity, to. (Sec. 6, Rule 11).
if there is no resident agent nor agent or officer
in the Philippines and summons is made to the Answer to Supplemental Complaint
proper government office which is tasked to A supplemental complaint may be answered
send a copy of such to the home office of the within 20 days from notice of the order
foreign private entity. (Sec. 2, Rule 11). admitting the same, unless a different period is
fixed by the court. (Sec. 7, Rule 11).
If the service of summons was made by
publication, within the time specified in the order The answer to the complaint shall serve as the
granting leave to serve summons by publication, answer to the supplemental complaint if no new or
which shall not be less than 60 days after notice. supplemental answer is filed. (Id.).
(Sec. 17, Rule 14).
Summary of Periods to File Pleadings
If the service of summons was made by PERIOD TO RECKONED
extraterritorial service to a non-resident defendant, PLEADING
FILE FROM
the period to answer is the time specified by the Answer 30 days, unless Service of
court which should not be less than 60 days after otherwise summons
notice. (Id.). specified by the
court.
Answer to Amended Complaint
Answer of a a. 30 days, if a. Service of
a. Where the plaintiff files an amended complaint
defendant with agent, summons to
as a matter of right, the defendant shall
foreign officer, or the agent,
answer the same within 30 days after
private resident agent. officer or
being served with a copy thereof.
juridical entity resident
b. Where filing is NOT a matter of right, the
agent; or
defendant shall answer the amended complaint
within 15 days from notice of the order
b. 60 days if b. Receipt of
admitting the same. An answer earlier filed may
summons was the foreign
serve as the answer to the amended complaint,
served to a entity, if
if no new answer is filed. (Sec. 3, Rule 11).
government summon is
official served to the
The above shall also apply to the answer to an
designated by government
amended counterclaim, amended crossclaim,
law to receive official
amended third (fourth, etc.)-party complaint, and
the same. designated by
amended complaint-in-intervention. (Id.).
law to receive
summons.
Answer to Counterclaim or Cross-Claim
A counterclaim or cross-claim must be answered Answer if Time specified Notice of the
within 20 days from service. (Sec. 4, Rule 11). summons are by the order of extraterritorial
served the court, but service/
Answer to Third-party Complaint through must not be less publication of
The time to answer a third (fourth, etc.)-party extraterritorial than 60 days. summons.
complaint shall be governed by the same rule as service or
the answer to the complaint, i.e., 30 days after the publication
service of summons. (Sec. 5, Rule 11).
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PERIOD TO RECKONED The original copies intended for the court should
PLEADING be plainly indicated in order to distinguish them
FILE FROM
Answer to 30 days. Service of the from the copies of the parties. (FERIA, 2013, p.
amended amended 424).
complaint as complaint.
a matter of Failure to comply with the requirement that the
right petition be accompanied by a duplicate original or
certified true copy of the judgment, order,
Answer to 15 days. Notice of the
resolution or ruling being challenged is sufficient
amended order
ground for the dismissal of said petition. (William
complaint as admitting the
Golangco Construction Corp v. Ray Burton
a matter of amended
Development Corp, G.R. No. 163582, Aug. 9,
discretion of complaint.
2010)
the court
Answer to 20 days. Service of the When Personal Filing Deemed Made
counterclaim counterclaim/ Filing is deemed made based on the clerk of
or cross-claim cross-claim. court’s endorsement on the pleading of the date
and hour of filing. (Sec. 3, Rule 13).
Answer to 30 days, unless Service of the
third-party otherwise summons. When a pleading is sent through private courier,
complaint specified by the the date of actual receipt of the court is considered
court. as the date of filing. (Heirs of Miranda v. Miranda,
Reply 15 days. Service of the GR No. 179638, Jul. 8, 2013).
pleading
responded to. ii. Filing By Registered Mail
Answer to 20 days, unless Notice of the How Filing by Registered Mail is Made
supplemental otherwise fixed order Filing by registered mail is made by sending the
complaint by the court. admitting the pleading or other court submission to the court via
supplemental registered mail. (Sec. 3 (b), Rule 13).
complaint.
It is required that the envelope shall be attached to
d. Manner Of Filing the record of the case. (Id.).
Different Manners of Filing
When Filing By Registered Mail Deemed Made
Filing of pleadings and other court submissions
The date of the mailing of motions, pleadings,
shall be made by:
and other court submissions, and payments or
i. By personal filing;
deposits, shall be deemed as the date of filing,
ii. By registered mail;
payment, or deposit as shown by either:
iii. By accredited courier;
a. The post office stamp on the envelope; or
iv. By electronic mail or other electronic means, as
b. The registry receipt. (Id.).
authorized by the court in places where it is
electronically equipped. (Sec. 3, Rule 13).
Thus, the date of filing is determinable from the
above two sources. If the date stamped on one is
i. Personal Filing
earlier than the other, the former may be accepted
as the date of filing. This presupposes, however,
How Personal Filing is Made
that the envelope or registry receipt and the dates
Personal filing is made by submitting personally
appearing thereon are duly authenticated before
the original thereof, plainly indicated as such, to
the tribunal where they are presented.
the court. (Sec. 3 (a), Rule 13).
(Government Service Insurance System v.
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National Labor Relations Commission, G.R. No. The modes of service are mandatorily intended to
180045, Nov. 17, 2010). provide a uniform procedure affecting a matter of
public interest which may not be changed by the
iii. Filing By Accredited Courier parties. Thus, notice given orally in open court as
to the denial of a motion is not sufficient and does
How Filing by Accredited Courier is Made not constitute service. (De Pineda v. Veloira, G.R.
Filing by accredited courier is made by sending the No. L-15145, Jun. 30, 1961).
pleading or other court submission to the court via
accredited courier. (Sec. 3, Rule 13). A party is not considered as having been served
with the judgment merely because he heard the
When Filing by Accredited Courier is Made judge dictating the said judgment in open court; it
The date of the mailing of motions, pleadings, is necessary that he be served with a copy of the
and other court submissions, and payments or signed judgment that has been filed with the clerk
deposits via accredited courier, shall be deemed in order that he may legally be considered as
as the date of filing, payment, or deposit. (Id.). having been served with the judgment. (Ago v.
Court of Appeals, G.R. No. L-17898, 1962)
iv. Transmittal By Electronic Mail Or Other
Electronic Means i. Personal Service
How Filing by Electronic Mail or Other How Personal Service is Made

Electronic Means is Made Through personal service, court submissions may
Filing by electronic mail or other electronic means be served by:
is made by sending the pleading or other court a. Personally delivering a copy to the party or to
submission to the court through such manner, the party's counsel;
provided: b. Personally delivering a copy to their authorized
1. Such mode is authorized by the court; and representative named in the appropriate
2. The court is electronically equipped. (Id.). pleading or motion;
c. Leaving a copy in the office of the party, counsel,
When Filing by Electronic Mail or Other or authorized representative, with his or her
Electronic Means is Deemed Made clerk, or any person having charge thereof;
In cases of filing by electronic mail or through other d. Leaving the copy, between the hours of eight in
electronic means, the date of electronic the morning and six in the evening, at the
transmission shall be considered as the date of party's or counsel's residence, if known, with a
filing. (Id.). person of sufficient age and discretion residing
therein, if he or she has no office or such office
e. Modes Of Service is unknown.
(Sec. 6, Rule 13).
Different Modes of Service
Pleadings, motions, notices, orders, judgments, But when the notice was sent to the lawyer's given
and other court submissions shall be served: address but did not reach him because he had
i. By personal service; moved out without informing the court of his new
ii. By registered mail; location, the service at the old address should be
iii. By substituted service; (Sec. 8, Rule 13). considered valid. (Vill Transport Service, Inc. v.
iv. By accredited courier; Court of Appeals, G.R. No. 76232, Jan. 18, 1991).
v. By electronic mail, facsimile transmission, or
other electronic means; and When a party's counsel, however, serves a notice
vi. By other means as provided for in international of change in address upon a court, and the court
conventions where the Philippines is a party. acknowledges this change, service of papers,
(Sec. 5, Rule 13). processes, and pleadings upon the counsel's
former address is ineffectual. Service is deemed
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completed only when made at the updated There must be clear proof of compliance with the
address. (Gatmaytan v. Dolor, G.R. No. 198120, postal regulations governing the sending and
2017) receipt of the first notice. The mere exhibition in
court of the envelope containing the unclaimed
Note: Under service of pleadings, papers, and mail is not sufficient proof that a first notice was
other court submissions, leaving copies thereof at sent. (Barrameda v. Castillo, G.R. No. L-27211,
the office of the party, counsel, or authorized Jul. 6, 1977).
representative or leaving it in his or her residence
to a person of sufficient age or discretion is How Service by Ordinary Mail is Made
considered personal service. Meanwhile, under If no registry service is available in the locality of
service of summons, the same manner of service either the sender or the addressee, service may
is considered as substituted service. (see Sec. 6, be done by ordinary mail, following the steps for
Rule 13 and Sec. 6, Rule 14). service through regular mail. (Sec. 7, Rule 13).
When Personal Service Deemed Completed When Service by Ordinary Mail Deemed
Personal service is complete upon actual delivery. Completed
(Sec. 15, Rule 13). Service by ordinary mail is complete upon the
expiration of 10 calendar days after mailing, unless
ii. Service By Registered Mail the court otherwise provides. (Sec. 15, Rule 13).
How Service by Registered Mail is Made Substituted Service

Service by registered mail shall be made by:
1. Depositing the copy in the post office; Substituted Service of Pleadings, Papers, and
2. The deposited copy must be: Other Court Submissions
i. In a sealed envelope; Substituted service of pleadings, motions, notices,
ii. Plainly addressed to the party or to the resolutions, orders and other papers is made by
party's counsel at his or her office, if known, delivering the copy to the clerk of court provided
otherwise at his or her residence, if known; that:
3. The postage fully pre-paid; and 1. Service cannot be made by personal service or
4. An instruction must be given to the postmaster by registered mail;
to return the mail to the sender after 10 2. Failure is due to the office and place of
calendar days if undelivered. residence of the party or his or her counsel
(Sec. 7, Rule 13). being unknown; and
3. Proof of failure of both personal service and
When Service by Registered Mail Deemed service by mail is presented to the clerk of
Completed court.
Service by registered mail is considered complete, (Sec. 8, Rule 13).
whichever is earlier, upon:
a. Actual receipt by the addressee; or The service is complete at the time of such
b. After 5 calendar days from the date the delivery. (Id.).
addressee received the first notice of the
postmaster. (Sec. 15, Rule 13) iii. Service By Accredited Courier
Not only that the notice of the registered mail be How Service by Accredited Courier is Made
sent but that it should also be delivered to and Pleadings, motions, notices, orders, judgments,
received by the addressee. (Vill Transport Service, and other court submissions are served by
Inc. v. Court of Appeals, G.R. No. 76232, Jan. 18, accredited courier by depositing the copy thereof
1991). with an accredited courier. (Sec. 5, Rule 13).
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When Service by Accredited Courier Deemed v. Service As Provided For In International

Completed Conventions
Service by accredited courier is complete,
whichever is earlier, upon: Service can also be effected by means provided
a. Actual receipt by the addressee; or for in international conventions provided that the
b. After at least 2 attempts to deliver by the courier Philippines is a party thereof. (Sec. 5, Rule 13.).
service; or
c. The expiration of five (5) calendar days after the f. Service Of Judgments, Final Orders Or
first attempt to deliver. Resolutions; Service Of Court-Issued
(Sec. 15, Rule 13). Orders And Other Documents
iv. Service By Electronic Mail, Facsimile How Judgments, Final Orders, or Resolutions
Transmission, Or Other Electronic Means are Served
Judgments, final orders, or resolutions shall be
How Service by Electronic Mail, Facsimile served either:
Transmission, or Other Electronic Means is i. By personally service;
Made ii. By registered mail;
Service by electronic means shall be made by iii. By accredited courier, upon ex parte motion of
sending an e-mail to the party's or counsel's any party in the case courier at his or her
electronic mail address, or through other electronic expense; or
means of transmission as the parties may agree iv. By publication, when a party summoned by
on, or upon direction of the court. (Sec. 9, Rule publication has failed to appear in the action, at
13). the expense of the prevailing party.
(Sec. 13, Rule 13).
Service by facsimile shall be made by sending a
facsimile copy to the party's or counsel's given Final judgments or orders are appealable. Hence,
facsimile number. (Id.). it is necessary that they be served personally or by
registered mail (save for accredited courier or
Note that service through electronic mail, facsimile publication) in order that the period for taking an
transmission, or other electronic means can only appeal may be computed. (FERIA, 2013, p. 429).
be made if the party concerned consents to
such modes of service. (Id.). If a defendant who had been served with
summons subsequently absconds and his present
When Service by Electronic Mail, Facsimile address is unknown, the court may order that
Transmission, or Other Electronic Means judgments, final orders, or resolutions be served
Deemed Completed upon him by publication. (Id.).
Electronic service is complete:
a. At the time of the electronic transmission of the How Court-issued Orders and Other
document; or Documents are Served
b. At the time that the electronic notification, when Aside from the various modes of service allowed
available, of service of the document is sent. by the Rules on service of judgments, final orders,
(Sec. 15, Rule 13.). or resolutions, other court-issued orders or
Electronic service is not effective or complete if documents may be electronically served to all
the party serving the document learns that it did the parties in the case which shall have the same
not reach the addressee or person to be served. effect and validity as provided herein. (Sec. 18,
(Id.). Rule 13).
A paper copy of the order or other document

electronically served shall be retained and
attached to the record of the case. (Id.).
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g. Conventional Service Or Filing Of Orders, 1. The registry receipt; and

Pleadings, And Other Documents 2. The affidavit of the person who mailed it,
containing a full statement of:
When Conventional Service is Required i. The date and place of deposit of the mail in
The following orders, pleadings, and other the post office;
documents must be served or filed personally or ii. That the document is in a sealed envelope;
by registered mail when allowed: iii. That the mail is addressed to the court;
1. Initiatory pleadings and initial responsive iv. That the postage fully prepaid; and
pleadings, such as an answer; v. That it is with instructions to the postmaster
2. Subpoena, protection orders, and writs; to return the mail to the sender after 10
3. Appendices and exhibits to motions, or other calendar days if not delivered.
documents that are not readily amenable to (Sec. 16 (b), Rule 13).
electronic scanning may, at the option of the
party filing such, be filed and served Proof of Filing by Accredited Courier
conventionally; and If the pleading or any other court submission was
4. Sealed and confidential documents or records. filed through an accredited courier service, the
(Sec. 14, Rule 13). filing shall be proven by:
1. An affidavit of service of the person who
The above submissions may not be filed brought the pleading or other document to the
electronically, unless with the express service provider; and
permission of the court. (Id.). 2. The courier's official receipt and document
tracking number.
h. When Service Is Deemed Complete (Sec. 16 (c), Rule 13).
Note: the discussions on Completeness of Service
Proof of Filing by Electronic Mail
is placed together with the Modes of Service.
If the pleading or any other court submission was
i. Proof Of Filing And Service filed by electronic mail, the same shall be proven
by:
Proof of Filing, General Rule 1. An affidavit of electronic filing of the filing
As a general rule, the filing of a pleading or any party; and
other court submission shall be proved by its 2. A paper copy of the pleading or other
existence in the record of the case. (Sec. 16, document transmitted or a written or
Rule 13). stamped acknowledgment of its filing by the
clerk of court.
Thus, the various proofs of filing contemplate a (Sec. 16 (d), Rule 13).
situation where the pleading or court submission is
not in the record. (Id.). If the paper copy sent by electronic mail was filed
by registered mail, the rules on proof of filing
Proof of Personal Filing by registered mail shall apply. (Id.).
If the pleading or any other court submission is
claimed to have been filed personally, the filing Proof of Filing by Other Authorized Electronic
shall be proven by the written or stamped Means
acknowledgment of its filing by the clerk of If the pleading or any other court submission was
court on a copy of the pleading or court filed through other authorized electronic means,
submission. (Sec. 16 (a), Rule 13). the same shall be proven by:
1. An affidavit of electronic filing of the filing
Proof of Filing by Registered Mail party; and
If the pleading or any other court submission was 2. A copy of the electronic acknowledgment of
filed by registered mail, the filing shall be proven its filing by the court.
by: (Sec. 16 (e), Rule 13).
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iii. That the postage was fully pre-paid; and

Proof of Service iv. An instruction was given to the postmaster
When service of notice is an issue, the rule is that to return the mail to the sender after 10
the person alleging that the notice was served calendar days if undelivered. (see Sec. 7,
must prove the fact of service. The burden of Rule 13); and
proving notice rests upon the party asserting its 2. The registry receipt issued by the mailing office.
existence. (Republic v. Wee, G.R. No. 147212, (Sec. 17 (b), Rule 13).
Mar. 24, 2006).
The registry return card shall be filed
Proof of Personal Service immediately upon its receipt by the sender, or
Proof of personal service shall consist of: in lieu thereof, the unclaimed letter AND the
a. A written admission of the party served; or certified or sworn copy of the notice given by
b. The official return of the server; or the postmaster to the addressee. (Id.).
c. The affidavit of the party serving, containing a
statement of the date, place, and manner of In civil cases, service made through registered
service. mail is proved by the registry receipt issued by the
(Sec. 17, Rule 13). mailing office and an affidavit of the person mailing
of facts showing compliance with Section 7 of Rule
In one case, the Court held that the CA correctly 13. (Ting v. Court of Appeals, G.R. No. 140665,
dismissed the petitioner's appeal on the ground of, Nov. 13, 2000).
among others, non-attachment of the affidavit of
service to its petition, as required by Rule 13, Proof of Service by Ordinary Mail
Section 13 of the Rules of Court (now Sec. 17, Proof of service by ordinary mail shall consist of an
Rule 13). The rule obliges litigants to attach an affidavit of the person mailing stating the facts
affidavit of service to their petitions/appeals. While showing compliance with the rule on service for
this is required merely as proof that service has ordinary mail (Sec. 13 (a), Rule 13; see also the
been made on the other party, it is nonetheless affidavit requirement for Proof of Service by
essential to due process and the orderly Registered Mail; Sec. 7, Rule 13).
administration of justice. (Ang Biat Huan Sons
Industries, Inc. v. Court of Appeals, G.R. No. Proof of Service by Accredited Courier
154837, Mar. 22, 2007). Proof of service by accredited courier shall be
made by:
If the written admission of the party served is not 1. An affidavit of service executed by the person
obtained, an affidavit is necessary to prove who brought the pleading or paper to the
service. A mere certificate is not enough. (FERIA, service provider; and
2013, p. 435). 2. The courier's official receipt or document
tracking number.
Proof of Service by Registered Mail (Sec. 17 (c), Rule 13).
Proof of service by registered mail shall be made
by: Proof of Service by Electronic Mail, Facsimile,
1. The affidavit stating compliance with the rules or Other Authorized Electronic Means
on service by registered mail, to wit: Proof shall be made by:
i. That the copy was deposited in the post 1. An affidavit of service executed by the person
office; who sent the e-mail, facsimile, or other
ii. That the deposited copy must be: electronic transmission; and
(i) In a sealed envelope; 2. A printed proof of transmittal.
(ii) Plainly addressed to the party or to the (Sec. 17 (d), Rule 13).
party's counsel at his or her office, if
known, otherwise at his or her residence,
if known;
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Notice Of Lis Pendens 4. An action for partition; and

5. Any other proceedings of any kind in Court
Nature of Notice of Lis Pendens directly affecting the title to the land or the use
Lis pendens, which literally means pending suit, or occupation thereof or the buildings thereon.
refers to the jurisdiction, power or control which a (Magdalena Homeowners Association, Inc. v.
court acquires over property involved in a suit, Court of Appeals, G.R. No. 60323, Apr. 17,
pending the continuance of the action, and until 1990).
final judgment. Its notice is an announcement to
the whole world that a particular property is in But it has no application in the following cases:
litigation and serves as a warning that one who 1. Preliminary attachments;
acquires an interest over said property does so at 2. Proceedings for the probate of wills;
his own risk or that he gambles on the result of the 3. Levies on execution;
litigation over said property. (Spouses Romero v. 4. Proceedings for administration of estate of
Court of Appeals, G.R. No. 142406, May 16, deceased persons; and
2005). 5. Proceedings in which the only object is the
recovery of a money judgment.
The purposes of lis pendens are: (Heirs of Lopez, Sr. v. Enriquez, G.R. No. 146262,
1. To protect the rights of the party causing the Jan. 21, 2005).
registration of the lis pendens; and
2. To advise third persons who purchase or How to Record Notice of Lis Pendens
contract on the subject property that they do so In an appropriate action, the plaintiff or defendant
at their peril and subject to the result of the seeking affirmative relief, may record a notice of
pending litigation. (Heirs of Lopez, Sr. v. the pendency of the action with the registry of
Enriquez, G.R. No. 146262, Jan. 21, 2005). deeds of the province in which the property is
situated. (Sec. 19, Rule 13).
Actions Where Lis Pendens is Appropriate
Notice of lis pendens may be applied for in actions The said notice shall contain:
affecting the title or the right of possession of real 1. The names of the parties; and
property. (Sec. 19, Rule 13). 2. The object of the action or defense;
3. A description of the property in that province
A notice of lis pendens may also deal with the use affected thereby.
or occupation of a property and to suits seeking to (Id.).
establish a right to, or an equitable estate or
interest in, a specific real property; or to enforce a Only the parties to a case can request for the
lien, a charge or an encumbrance against it. (Heirs recording of the pendency of an action on the title
of Lopez, Sr. v. Enriquez, G.R. No. 146262, Jan. of the subject property. Applications for notice of
21, 2005). lis pendens filed by persons claiming interest over
the property by have no standing in the case must
But the doctrine of lis pendens has no application be denied. (Heirs of Lopez, Sr. v. Enriquez, G.R.
to a proceeding in which the only object sought is No. 146262, Jan. 21, 2005).
the recovery of a money judgment, though the title
or right of possession to property be incidentally When Notice of Lis Pendens Takes Effect
affected. (Atlantic Erectors Inc. v. Herbal Cove Only from the time of filing such notice for record
Realty Corp., G.R. No. 148568, Mar. 20, 2003). shall a purchaser, or encumbrancer of the property
affected thereby, be deemed to have constructive
Specifically, a notice of lis pendens is appropriate notice of the pendency of the action, and only of
in the following cases: its pendency against the parties designated by
1. An action to recover possession of real estate; their real names. (Sec. 19, Rule 13).
2. An action to quiet title thereto;
3. An action to remove clouds thereon;
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Cancellation of Notice of Lis Pendens e. Correcting a mistaken or inadequate description

The notice of lis pendens hereinabove mentioned in any other respect. (Id.).
may be cancelled only upon order of the court,
after proper showing that the notice is: Compared to Rule 129, Sec. 4
a. For the purpose of molesting the adverse party; Section 4 of Rule 129 contains the rule prohibiting
or a party from contradicting his judicial admission
b. Not necessary to protect the rights of the party unless it is shown that such admission is made
who caused it to be recorded. (Id.). through palpable mistake or no such admission is
made.
In one case, the Republic, through the Philippine
Commission on Good Government (PCGG), Matters involving the amendment of pleadings are
sought to recover the ill-gotten wealth of the primarily governed by the pertinent provisions of
respondents. The Republic caused the annotation Rule10 and not by Section 4 of Rule 129 of the
of a notice of lis pendens over the respondents’ Rule of Court. Hence, allegations (and
title over the Cabuyao property. The respondents admissions) in a pleading—even if not shown to
then moved for the cancellation of the notice of lis be made through "palpable mistake"—can still be
pendens, which the Sandiganbayan granted, on corrected or amended provided that the
the ground that the Cabuyao property was not the amendment is sanctioned under Rule 10 of the
subject of this case; thus, the notice of lis pendens Rules of Court. (Yujuico v. United Resources
was not necessary to protect the Republic’s rights. Asset Management, G.R. No. 211113, Jun. 29,
In reversing the Sandiganbayan, the SC ruled that 2015).
the Sandiganbayan erred in cancelling the notice
of lis pendens. The Republic actually sought to Two Types of Amendments
include the Cabuyao property in the present action a. Amendments as a matter of right (Sec. 2, Rule
through an amended complaint. Nonetheless, the 10);
Sandiganbayan did not admit the amended b. Amendments by leave of court/matter of
complaint because it found that the pleading failed discretion (Sec. 3, Rule 10).
to comply with the requirement that the
amendments in a pleading be indicated by a. Amendment As A Matter Of Right
appropriate marks. However, E.O. 14 specifically
states that the technical rules of procedure and When Amendment is a Matter of Right
evidence shall not be strictly applied to the civil An amendment is considered as a matter of right
if it is made at any time before a responsive
cases filed under it so that the efforts of the PCGG
will not be hampered (Republic v. Sandiganbayan, pleading is served or, in the case of a reply, at
G.R. No. 195295, Oct. 5, 2016). any time within 10 calendar days after it is
served. (Sec. 2, Rule 10).
8. AMENDMENT
In amendments as a matter of right, there is no
Reason for Allowing Amendments need to file a motion for leave to amend the
Amendments are permitted so that the actual pleading. But a party may amend his pleading
merits of the controversy may speedily be ONCE as a matter of right. Subsequent
determined, without regard to technicalities, in the amendments must be WITH LEAVE of court. (Id.).
most expeditious and inexpensive manner. (Sec.
1, Rule 10). Section 2 Rule 10 refers to an amendment made
before the trial court and not to amendments
How Pleadings are Amended before the Court of Appeals. The Court of Appeals
a. Adding or striking out an allegation of a party; is vested with jurisdiction to admit or deny
b. Adding or striking out the name of a party; amended petitions filed before it. (Navarro v. Vda
c. Correcting a mistake in the name of a party; De Taroma, G.R. No. 160214, Dec. 16, 2005).
d. Correcting a mistaken or inadequate allegation;
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Motion to Dismiss Not a Responsive Pleading b. Amendments By Leave Of Court

A motion to dismiss is not the responsive pleading
contemplated by the Rule. Plaintiff may file an When Leave of Court is Required for Amending
amended complaint even after the original Pleadings
complaint was ordered dismissed, provided that Leave of court is required for an amendment
the order of dismissal is not yet final. (Bautista v. when:
Maya-Maya Cottages Inc., G.R. No. 148361, Nov. 1. The amendment is made after service of a
29, 2005). responsive pleading; AND
2. It involves a substantial amendment.
Responsive pleadings are those which seek (Sec. 3, Rule 10).
affirmative relief and/or set up defenses, like an
answer. A motion to dismiss is not a responsive Under Sec. 3, Rule 10, the amendment may
pleading for purposes of Section 2 of Rule 10. substantially alter the cause of action or the
(Marcos-Araneta v. CA, G.R. No. 154096, Aug. 22, defense, provided that it is not intended for delay
2008). and will serve the higher interest of substantial
justice. (Philippine Ports Authority v. William
Amendment to Correct Jurisdictional Defect Gothong & Aboitiz, Inc., G.R. No. 158401, Jan. 28,
When Made as a Matter of Right 2008).
Pleader has a right to amend his complaint before
a responsive pleading is served even if it is to Requisites for Amendment by Leave of Court
correct a jurisdictional defect. (RIANO, 2019, p. 1. There must be a motion filed in court;
377). 2. Notice to the adverse party;
3. Opportunity to be heard afforded to the adverse
Mandamus Applicable to Compel Trial Court to party; and
Admit Amended Pleading as a Matter of Right
As the plaintiffs have the right to amend their Motion must not be intended:
complaint, it is the correlative duty of the i. To cause delay;
respondent judge to accept the amended ii. To confer jurisdiction to the court; or
complaint; in refusing to permit the amendment of iii. To cure a pleading which stated no cause of
the plaintiffs' complaint, the judge unlawfully action from the beginning.
neglected to perform an act which the law (Sec. 3, Rule 10).
specifically enjoins as a duty resulting from his
office, or excluded the plaintiffs from the The defect of lack of cause of action at the
enjoyment of a right to which they are entitled. commencement of the suit cannot be cured by the
Thus, mandamus will prosper provided that there accrual of a cause of action during the pendency
is no other plain, speedy and adequate remedy in of the case. There must be some cause of action
the ordinary course of law. (Breslin v. Luzon at the commencement of the suit. (Swagman
Stevedoring Co., G.R. No. L-3346 Sep. 29, 1949). Hotels & Travel v. CA, G.R. No. 161135. Apr. 8,
2005).
When New Service of Summons is Required
When defendants have not yet appeared in court No Amendment Necessary to Conform to or
and no summons has been validly served, new Authorize Presentation of Evidence
summons for the amended complaint must be When issues not raised by the pleadings are tried
served on them. It is not the change of cause of with the express or implied consent of the parties,
action that gives rise to the need to serve another they shall be treated in all respects as if they had
summons for the amended complaint, but rather been raised in the pleadings. (Sec 5, Rule 10).
the acquisition of jurisdiction over the persons of
the defendants. (Vlason Enterprises v. CA, G.R. Under the 2019 Amendments, no amendment of
No. 121662-64, Jul. 6, 1999) such pleadings is necessary to conform them with
the evidence. (Id.).
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Prior to the 2019 Amendments, the Rules Effect of the Amended Pleading on
permissively allow parties to amend the pleadings Admissions in the Original Pleading
to conform them to the evidence presented. Admissions in superseded pleadings are not
Nevertheless, in both cases, failure to amend does carried over in the amended pleadings unless
not affect the result of the trial of such issues not contained in the amended pleading and claims or
formerly raised. defenses alleged therein not incorporated in the
amended pleading shall be deemed waived. (Sec.
But the curing effect under Sec. 5, Rule 10 is 8, Rule 10).
applicable only if a cause of action in fact exists at
the time the complaint is filed and evidence Nonetheless, admissions in superseded pleadings
showing such cause of action was presented may be offered in evidence against the pleader,
subsequently. (Swagman Hotels & Travel v. CA, (Id.).
G.R. No. 161135. Apr. 8, 2005).
Under the Rules, pleadings superseded or
c. Formal Amendment amended disappear from the record, lose their
status as pleadings and cease to be judicial
A defect in the designation of the parties and other admissions. (Ching v. Court of Appeals, G.R. No.
clearly CLERICAL or TYPOGRAPHICAL errors 110844, Apr. 27, 2000).
may be summarily corrected by the court at ANY
stage of the action, at its initiative or on motion, Having been amended, the original complaint lost
provided no prejudice is caused thereby to the its character as a judicial admission, which would
adverse party. (Sec. 4, Rule 10). have required no proof, and became merely an
extrajudicial admission. (Torres v. Court of
d. Effect Of Amended Pleading
Appeals, G.R. No. L-37420, L-37421, Jul. 31,
Effects of Amended Pleading on the Original 1984).
Pleading
An amended pleading supersedes the pleading Admissions in Original Pleadings
that it amends. (Sec. 8, Rule 10). Admissions made in the original pleadings are
considered as EXTRAJUDICIAL admissions.
When a pleading is amended, the original ceases However, admissions in superseded pleadings
to perform any further function as a pleading and may be received in evidence against the pleader
the case stands for trial on the amended pleading as long as they are formally offered in evidence.
only. (Ascano-Cupino v. Pacific Rehouse (Rule 10, Sec. 8)
Corporation; G.R. No. 205113, Aug. 26, 2015).
Effect of Amendment of Complaint on the
Effect of Amendments in Relation to Statute of Requisite of Service of Summons
Limitations If new causes of action are alleged in the amended
But for purposes of determining the complaint filed BEFORE the defendant has
commencement of a suit, the original complaint is appeared in court, another summons must be
deemed abandoned and superseded by the served on the defendant with the amended
amended complaint only if the amended complaint complaint.
introduces a new or different cause of action or
demand. In such a case, it is the actual filing in However, if the defendants have ALREADY
court that controls and not the date of the formal APPEARED before the court by virtue of summons
admission of the amended pleading. (Verzosa v. in the original complaint (e.g., by filing an entry of
Court of Appeals, G.R. Nos. 119511-13, Nov.r 24, appearance or motion for extension of time to file
1998). a responsive pleading), the amended complaint
may be served upon them without need of another
summons EVEN IF new causes of action are
alleged.
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e. Supplemental Pleadings annulment of extrajudicial foreclosure and loan

contracts. The court held that the new causes of
Nature of Supplemental Pleadings action raised in the supplemental complaint are
Supplemental pleadings set forth the transactions, germane to, and are in fact, intertwined with the
occurrences, or events which have happened cause of action of nullification of the real estate
since the date of the pleading sought to be mortgage and the extrajudicial foreclosure thereof,
supplemented. (Sec. 6, Rule 10). as well as the sale at public auction. (Planters
Development Bank v. LZK Holdings &
It is but a continuation of the complaint. Its usual Development Corp., G.R. No. 153777, Apr. 15,
office is to set up new facts which justify, enlarge 2005).
or change the kind of relief with respect to the
same subject matter as the controversy referred to Answer to Supplemental Pleading Not
in the original complaint. (Chan v. Chan, G.R. No. Mandatory
150746, Oct. 15, 2008). The adverse party MAY plead thereto within 10
days from notice of the order admitting the
A supplemental pleading assumes that the original supplemental pleading. (Sec. 6, Rule 10).
pleading is to stand and that the issues joined with
the original pleading remained an issue to be tried Since it is not mandatory to file an answer, the
in the action. (Young v. Spouses Sy, G.R. Nos. court cannot declare respondent in default simply
157745, Sep. 26, 2006). because the latter opted not to file an answer to
the supplemental petition. (Chan v. Chan, G.R.
How to File Supplemental Pleading No. 150746, Oct. 15, 2008).
Filing of a supplemental pleading must be:
1. Upon motion of the party; Filing Fees for a Supplemental Complaint
2. With reasonable notice to the other party; Additional filing fees are due to a supplemental
(Sec. 6, Rule 10). complaint and it is not for the party or the trial court
to waive such payment. Failure to pay filing fees
Introduction of a New Cause of Action in for supplemental complaint is fatal only for the
Supplemental Pleading supplemental complaint. The original complaint is
When the cause of action stated in the not affected. (Do-All Metals Industries Inc., v.
supplemental complaint is different from the Security Bank, G.R. No. 176339, Jan. 10, 2011)
causes of action mentioned in the original
complaint, the court should not admit the Amended vs. Supplemental Pleading
supplemental complaint; the parties cannot AMENDED SUPPLEMENTAL
introduce new and independent causes of action. PLEADING PLEADING
(Leobera v. CA; G.R. No. 80001; Feb. 27, 1989). Refers to facts Refers to facts arising
existing at the time of after the filing of the
But the fact that the supplemental pleading the commencement original pleading.
technically states a new cause of action should not of the action.
be a bar to its allowance but only a factor to be Takes the place of the Taken together with
considered by the court in the exercise of its original pleading. the original pleading.
discretion; and of course, a broad definition of
"cause of action" should be applied here as Can be made as a Always with leave of
elsewhere. (Young v. Spouses Sy, G.R. Nos. matter of right when court.
157745, Sep. 26, 2006). no responsive
pleading has yet been
In one case, the plaintiff filed a supplemental filed.
pleading to include the payment of rental in arrears
as well as damages due to the subsequent acts of
the defendant of depriving the plaintiff of its rentals
from a potential lessee pending its original suit of
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When an amended A supplemental a. In Relation To Actions In Personam, In

pleading is filed, a pleading does not Rem, And Quasi In Rem
new copy of the entire require the filing of a
pleading must be new copy of the entire Summons in Actions In Personam
filed. pleading. Where the action is in personam, that is, one
An answer must be The filing of an brought against a person on the basis of her
filed by the defendant; answer is not personal liability, jurisdiction over the person of the
but an answer earlier mandatory. defendant is necessary for the court to validly
filed may serve as the try and decide the case. Service of summons
answer to the upon the defendants is essential in order for the
amended pleading. court to acquire jurisdiction over their persons.
(Velayo-Fong v. Spouses Velayo, G.R. No.
155488, Dec. 6, 2006).
G. SUMMONS In actions in personam, the judgment is for or

against a person directly. Jurisdiction over the
1. NATURE AND PURPOSE OF SUMMONS parties is required in actions in personam because
they seek to impose personal responsibility or
Nature of Summons liability upon a person. (Frias v. Alcayde, G.R. No.
Summons is a writ by which the defendant is 194262, Feb. 28, 2018).
notified of the action brought against him/her.
Service of such writ is the means by which the Knowledge of the Defendant of the Action
court may acquire jurisdiction over his/her person. Cannot Replace Service of Summons
(Cano-Gutierrez v. Gutierrez, G.R. No. 138584, Jurisdiction of the court over the person of the
2000) defendant or respondent cannot be acquired
notwithstanding his knowledge of the pendency of
Purpose of Summons a case against him unless he was validly served
Its purpose is two-fold: to acquire jurisdiction with summons. Such is the important role a valid
over the person of the defendant and to notify service of summons plays in court actions. (Frias
the defendant that an action has been commenced v. Alcayde, G.R. No. 194262, Feb. 28, 2018).
so that he may be given an opportunity to be
heard on the claim against him. (RIANO, 2019, p. Deceased Person Cannot be Validly Served
391). with Summons
The lower court's judgment against the deceased
The service of summons is a vital and is void for lack of jurisdiction over his person.
indispensable ingredient of due process and Deceased was not, and could not have been,
compliance with the rules regarding the service of validly served with summons. He had no more civil
the summons is as much an issue of due process personality. His juridical capacity, which is the
as it is of jurisdiction. (Borlongan v. Banco de fitness to be the subject of legal relations, was lost
Oro, G.R. Nos. Apr. 5, 2017). through death.” (Dumlao v. Quality Plastic
Products Inc., G.R. No. L-27956, Apr. 30, 1976)
Without service of summons, or when summons
are improperly made, both the trial and the Summons in Actions In Rem and Quasi In Rem
judgment, being in violation of due process, are An action in rem is an action against the thing itself
null and void, unless the defendant waives the instead of against the person. Meanwhile, an
service of summons by voluntarily appearing and action quasi in rem is where an individual is named
answering the suit. (Guiguinto Credit Cooperative, as defendant and the purpose of the proceeding is
Inc. v. Torres, G.R. No. 170926, Sep. 15, 2006). to subject his interest therein to the obligation or
loan burdening the property. This is so inasmuch
as, in in rem and quasi in rem actions, jurisdiction
over the person of the defendant is not a
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prerequisite to confer jurisdiction on the court b. When Summons Are Issued

provided that the court acquires jurisdiction
over the res. (Banco Do Brasil v. Court of The court shall direct the clerk of court to issue the
Appeals, G.R. Nos. 121576-78, Jun. 16, 2000). corresponding summons to the defendants within
5 calendar days from:
Nevertheless, in a proceeding in rem or quasi in 1. Receipt of the initiatory pleading; and
rem, summons must be served upon the 2. Proof of payment of the required legal fees.
defendant not for the purpose of vesting the court (Sec. 1, Rule 14).
with jurisdiction but merely for satisfying the due
process requirements. (Gomez v. CA, G.R. No. But the court will not issue the summons, and
127692, Mar. 10, 2004) instead dismiss the case, if the complaint, on its
face, shows:
Jurisdiction over the res is acquired either (a) by 1. That the court has no jurisdiction over the
the seizure of the property under legal process, subject matter;
whereby it is brought into actual custody of the law; 2. That there is another action pending between
or (b) as a result of the institution of legal the same parties for the same cause;
proceedings, in which the power of the court is 3. That the action is barred by a prior judgment;
recognized and made effective. (Alba v. Court of 4. That the action is barred by the statute of
Appeals, G.R. No. 164041, Jul. 29, 2005). limitations. (Id., Sec. 1, Rule 9).
Acquiring Jurisdiction Over the Res Instead of Within 30 calendar days from issuance of
the Person summons by the clerk of court and receipt thereof,
If the defendant is a non-resident, who remains the sheriff or process server, or person authorized
beyond the range of the personal process of the by the court, shall complete its service. (Sec. 20,
court and he refuses to come in voluntarily, the Rule 14).
court never acquires jurisdiction over the person at
all. Here the property itself is in fact the sole thing c. Content Of Summons
which is impleaded and is the responsible object
Contents of and Attachments to the Summons
which is the subject of the exercise of judicial
The summons shall contain:
power. It follows that the jurisdiction of the court in
1. The name of the court and the names of the
such case is based exclusively on the power
parties to the action;
which, under the law, it possesses over the
2. When authorized by the court upon ex parte
property. Upon acquisition of jurisdiction over the
motion, an authorization for the plaintiff to
property, the court can validly hear the case. (El
serve summons to the defendant;
Banco Español-Filipino v. Palanca, G.R. No. L-
3. A direction that the defendant answer within
11390, Mar. 26, 1918).
the time fixed by these Rules; and
4. A notice that unless the defendant so
But it does not mean that notice or summons to the
answers, plaintiff will take judgment by default
parties interested is not necessary. Due process
and may be granted the relief applied for. (Sec. 2,
still requires that they be notified and given an
Rule 14).
opportunity to defend their interest. (Gomez v. CA,
G.R. No. 127692, Mar. 10, 2004)
Attached to the summons are:
i. Copy of the complaint; and/or
But in an action in rem or quasi in rem, where the
ii. Order for appointment of guardian ad litem, if
defendant appears, the cause becomes mainly an
any. (Id.).
action in personam. (El Banco Español-Filipino v.
Palanca, G.R. No. L-11390, Mar. 26, 1918). d. DUTY OF COUNSEL
Under the 2019 Amendments, where the counsel

for the defendant makes a special appearance to
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question the validity of a summons invalidly served 2. VOLUNTARY APPEARANCE

on his client, such counsel shall be deputized by
the court to serve the summons to his or her client. As a general rule, defendant's voluntary
(Sec. 13, Rule 14). appearance in the action shall be equivalent to
service of summons, and filing a motion to dismiss
e. Return constitutes voluntary appearance, except on the
ground of lack of jurisdiction over the person
Filing and Service of Return of Personal of the defendant. (Sec. 23, Rule 14).
Service of Summons
Within 5 calendar days from service of summons, Note: Under the 2019 Amendments, a motion to
the server shall file with the court and serve a copy dismiss is a prohibited pleading unless it is based
of the return to the plaintiff's counsel, either: on the grounds of: lack of jurisdiction over the
a. By personal service; subject matter, res judicata, litis pendentia, or
b. By registered mail; or prescription. (Sec. 12, Rule 15).
c. By electronic means authorized by the Rules.
(Sec. 20, Rule 14). Even if jurisdiction was not originally acquired due
to defective service of summons, the court
Filing and Service of Return of Substituted acquires jurisdiction over his person by his act of
Service of Summons subsequently filing a motion for reconsideration.
The return of substituted service of summon shall (Soriano v. Palacio, G.R. No. L-17469, Nov. 28,
be filed and served in the same manner as that of 1964)
personal service of summons. (Id.).
3. WHO MAY SERVE SUMMONS
In addition, for substituted service, the return shall
state: Who May Serve Summons
1. The impossibility of prompt personal service The summons may be served by:
within a period of 30 calendar days from issue a. Sheriff;
and receipt of summons; b. Sheriff’s deputy; or
2. The date and time of the 3 attempts on at 2 c. Other proper court officers;
two different dates to cause personal service d. Plaintiff, upon authorization of the court in cases
and the details of the inquiries made to where:
locate the defendant residing thereat; and a. Failure of the above to serve the summons,
3. The name of either the: in which case it shall be served together
a. Person at least 18 years of age and of with the sheriff;
sufficient discretion residing thereat; b. Summons is to be served outside the court’s
b. Competent person in charge of the judicial region;
defendant's office or regular place of (Rule 14, Sec. 3);
business; e. Counsel of the defendant, whereby he makes a
c. Officer of the homeowners' association or special appearance to contest the improper
condominium corporation or its chief service of summons and was thereafter
security officer in charge of the community deputized by the court to serve summons.
or building where the defendant may be (Sec. 13, Rule 14).
found. (Id.).
Plaintiff’s Duties When Authorized to Serve
Non-service or irregular service of summons may Summons
be a ground for dismissal for lack of jurisdiction If the authorized plaintiff is a juridical entity, it shall
over the person of the defending party. notify the court, in writing:
1. That it is in fact a juridical entity;
2. The name of its duly authorized representative;
Attached to the notice is the board resolution or
secretary certificate stating that such
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representative is duly authorized to serve the

summons on behalf of the plaintiff. (Sec. 3, Rule The service of summons must be completed within
14). 30 calendar days from issuance of summons by
the clerk of court and receipt thereof by the sheriff
If summons is returned without being served on or process server, or person authorized by the
any or all the defendants, the court shall order the court. (Sec. 20, Rule 14).
plaintiff to cause the service of summons by other
means available under the Rules. And if, despite Summons may be served personally wherever the
the order, the plaintiff still fails to serve the defendant is found within the Philippines.
summons, the case shall be dismissed without (Sansio Philippines Inc. v Sps, Mogol, G.R. No.
prejudice. (Id.). 177007, Jul. 14, 2009).
The plaintiff, who is authorized to serve the Personal service of summons has nothing to do
summons, must not misrepresent that he had with the location where summons is served. A
duly served the summons defendant. If it is proven defendant's address is inconsequential. Rule 14,
that he committed such misrepresentation: Section 6 (now Section 5) of the 1997 Rules of
1. The case shall be dismissed with prejudice; Civil Procedure is clear in what it requires:
2. The proceedings shall be nullified; and personally handing the summons to the defendant
3. The plaintiff shall be appropriately sanctioned. (albeit tender is sufficient should the defendant
(Id.). refuse to receive and sign). What is determinative
of the validity of personal service is, therefore, the
Validity of Summons person of the defendant, not the locus of service.
Under the 2019 Amendments, summons shall (Spouses Manuel v. Ong, G.R. No. 205249, 2014)
remain valid until duly served, unless it is recalled
by the court. (Sec. 4, Rule 14). Hence, there is no Against a NONRESIDENT, jurisdiction over the
need to reissue an alias summons upon the failure defendant is acquired by service upon his person
of the sheriff to serve the summons. while said defendant is within the Philippines. If
the non-resident defendant is not in the
Alias Summons Philippines, and the action is an action in
Upon motion by the plaintiff, the court may issue personam, Philippine courts cannot acquire
an alias summons in case of loss or destruction jurisdiction over the defendant, unless he
of the summons. (Id.). voluntarily appears in court. (Macasaet v. Co, G.R.
No. 156759, Jun. 5, 2013).
One issued by the clerk of court on demand of the
plaintiff when the original summons was returned SERVICE IN
PERSONAL
without being served on any or all of the PERSON ON
SERVICE (Rule 13,
defendants, or when summons has been lost. DEFENDANT (Rule
Sec. 6)
When issued, it supersedes the first summons. 14, Sec. 5)
Applies only to Applies to all
4. PERSONAL SERVICE (SERVICE IN summons pleadings (except
PERSON ON DEFENDANT) complaint),
judgments, orders,
Personal Service of Summons – How Made
and other papers and
Personal service of summons is made by:
court submissions
a. Handing a copy thereof to the defendant in
person and informing the defendant that he
or she is being served; or,
b. If he or she refuses to receive and sign for it,
by leaving the summons within the view and
in the presence of the defendant (tendering
the summons). (Sec. 6, Rule 14).
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SERVICE IN Duty of the Sheriff Serving the Summons

PERSONAL
PERSON ON Sheriffs are asked to discharge their duties on the
SERVICE (Rule 13,
DEFENDANT (Rule service of summons with due care, utmost
Sec. 6)
14, Sec. 5) diligence, and reasonable promptness and speed
1. By handing a copy 1. By delivering so as not to prejudice the expeditious dispensation
thereof to the personally a copy to of justice. Thus, they are enjoined to try their best
defendant in person; the party or his efforts to accomplish personal service on
2. If he/she refuses to counsel, or by leaving defendant. On the other hand, since the
receive and sign for it, it in his office with his defendant is expected to try to avoid and evade
summons will be clerk or with a person service of summons, the sheriff must be
tendered by server to having charge resourceful, persevering, canny, and diligent in
defendant. thereof; serving the process on the defendant.
2. If no person is (Constantino Pascual v. Lourdes Pascual, G.R.
found in his office, or No. 171916, 2009)
his office is not
known, or he has no 5. SUBSTITUTED SERVICE
office, then by leaving
When Substituted Service Can Be Made
the copy, between the
Substituted service can be made if the defendant
hours of eight in the
cannot be served personally for:
morning and six in the
1. At least 3 attempts; and
evening, at the party's
2. On 2 different dates. (Sec. 6, Rule 14).
or counsel's
residence, if known,
There is failure of service after unsuccessful
with a person of
attempts to personally serve the summons on the
sufficient age and
defendant in his or her address indicated in the
discretion then
complaint. (Sec. 4, Rule 14). The service of
residing therein.
summons must be completed within 30 calendar
days from issuance of summons by the clerk of
court and receipt thereof by the sheriff or process
Note: Under service of pleadings, papers, and server, or person authorized by the court. (Sec. 20,
other court submissions, leaving copies thereof at Rule 14).
the office of the party, counsel, or authorized
representative or leaving it in his or her residence Under the 2019 Amendments, the Court’s ruling in
to a person of sufficient age or discretion is Manotoc vs. CA as regards the number of
considered personal service. Meanwhile, under unsuccessful attempts of personal service of
service of summons, the same manner of service summons before resorting to substituted service,
is considered as substituted service. (see Sec. 6, as well as the specific details required in the
Rule 13 and Sec. 6, Rule 14). return, are now codified under Secs. 6 and 20 of
Rule 14. (see Manotoc v. CA, G.R. No. 130974,
Personal Service as the Preferred Mode Aug. 16, 2006).
Personal service of summons is the preferred
mode. The rules on the service of summons other How Substituted Service Made
than by personal service may be used only as Substituted service is effected by:
prescribed and only in the circumstances a. Leaving copies of the summons at the
authorized by statute. Thus, the impossibility of defendant’s residence to a person:
prompt personal service must be shown. i. At least 18 years of age;
(Borlongan v. Banco de Oro, G.R. Nos. Apr. 5, ii. With sufficient discretion; and
2017). iii. Must be residing therein.
Note: "Discretion" is defined as "the ability to
make decisions which represent a
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responsible choice and for which an 6. CONSTRUCTIVE SERVICE

understanding of what is lawful, right or wise
may be presupposed". Thus, to be of a. Service Upon A Defendant Where His
sufficient discretion, such person must Identity Is Unknown Or Where His
know how to read and understand English Whereabouts Are Unknown
to comprehend the import of the summons,
and fully realize the need to deliver the How Service of Summons Effected
summons and complaint to the defendant at In any action, service of summons may be
the earliest possible time for the person to effected by publication in a newspaper of general
take appropriate action. (Manotoc v. CA, circulation where:
G.R. No. 130974, Aug. 16, 2006). 1. A leave of court is secured; and
b. By leaving copies of the summons at the 2. The defendant is designated as an unknown
defendant's office or regular place of owner; or
business with some competent person. A 3. The defendant’s whereabouts are unknown and
competent person includes, but is not limited cannot be ascertained by diligent inquiry, within
to, one who customarily receives 90 calendar days from the commencement of
correspondences for the defendant; the action. (Sec. 16, Rule 14).
c. If the server is refused entry upon making his
authority or purpose known, by leaving copies Any order granting such leave shall specify a
of the summons to the following: reasonable time, which shall not be less than 60
(a) Any officer of the homeowner’s calendar days after notice, within which the
association or condominium defendant must answer. (Id.).
corporation;
(b) Chief security officer in charge of the The Rule expressly states that it applies "in any
community or building where the defendant action…" Thus, it now applies to any action,
may be found. whether in personam, in rem, or quasi in rem.
Note: It was not shown that the security guard (Santos, Jr. v. PNOC Exploration Corp., G.R. No.
who received the summons in behalf of the 170943, Sep. 23, 2008).
petitioner was authorized and possessed a
relation of confidence that petitioner would Hierarchy in the Modes of Service
definitely receive the summons. This is not It is not correct to proceed immediately to service
the kind of service contemplated by law. by publication, as there is a hierarchy of rules in
Thus, service on the security guard could the service of summons, to wit:
not be considered as substantial 1. Personal service;
compliance with the requirements of 2. Substituted service; and
substituted service. (Chu v. Mach Asia 3. Service by publication, whenever the
Trading, G.R. No. 184333, 2013) defendant's whereabouts are unknown and
d. If allowed by the court, by sending an cannot be ascertained by diligent inquiry.
electronic mail to the defendant. (Sec. 6, Rule Only upon failure of the first two modes can
14). service by publication can be made, in cases
where the defendant’s identity or whereabouts are
The failure to comply faithfully, strictly and fully unknown. (RIANO, 2019, p. 423, citing Borlongan
with all the foregoing requirements of substituted v. Banco de Oro, G.R. No. 217617, Apr. 5, 2017).
service renders the service of summons
ineffective. (San Pedro v. Ong, G.R. No. 177598, Period to File an Answer
Oct. 17, 2008). Any order granting such leave shall specify a
reasonable time, which shall not be less than 60
calendar days after notice, within which the
defendant must answer. (Sec. 16, Rule 14).
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b. Service Upon Residents Temporarily a. That which affects the personal status of
Outside The Philippines the plaintiff;
b. That which relates to or the subject matter of
How Service of Summons Effected which is property within the Philippines,
In any action where the defendant who resides in in which the defendant claims a lien or
the Philippines is temporarily out of it, service may interest, actual or contingent;
be effected by: c. That in which the relief demanded consists,
a. Personal service; wholly or in part, in excluding the
b. Substituted service (PCIB v. Alejandro, G.R. No. defendant from an interest in property
175587, Sep. 21, 2007); located in the Philippines; or
c. As provided in international conventions where d. That in which the defendant property has
the Philippines is a party; been attached in the Philippines; and
d. By publication in a newspaper of general 4. Leave of court is secured. (Sec. 17, Rule 14).
circulation in places and time as the court may
order and a copy of the summons shall be sent Extraterritorial service can only involve actions that
by registered mail to the defendant’s last are either in rem or quasi in rem. (Spouses Jose v.
known address; and Spouses Boyon, G.R. No. 147369, Oct. 23, 2003).
e. Any other manner as the court may deem
sufficient. (Sec. 18, Rule 14 vis-à-vis Sec. 17, If the defendant is non-resident and, remaining
Rule 14). beyond the range of the personal process of the
court and he refuses to come in voluntarily, the
Leave of court is necessary to effect a service of court never acquires jurisdiction over the person at
summons on a resident defendant who is all. Here the property itself is in fact the sole thing
temporarily out of the Philippines. (Sec. 17, Rule which is impleaded and is the responsible object
14). which is the subject of the exercise of judicial
power. It follows that the jurisdiction of the court in
The Rule refers to “any action.” Thus, in actions in such case is based exclusively on the power
personam against residents temporarily out of the which, under the law, it possesses over the
Philippines, the court need not always attach the property. Upon acquisition of jurisdiction over the
defendant's property in order to have authority to property, the court can validly hear the case. (El
try the case as jurisdiction may be acquired Banco Español-Filipino v. Palanca, G.R. No. L-
through substituted service or publication. (PCIB 11390, Mar. 26, 1918).
v. Alejandro, G.R. No. 175587).
Note that in extraterritorial service, jurisdiction over
Period to File an Answer the person of the defendant is not acquired.
Any order granting such leave shall specify a Nevertheless, summons must still be served to
reasonable time, which shall not be less than 60 satisfy the requirements of due process.
calendar days after notice, within which the (Gomez v. CA, G.R. No. 127692, Mar. 10, 2004).
defendant must answer. (Sec. 18, Rule 14 vis-à-
vis Sec. 17, Rule 14). In one case, the Court carved out a very narrow
exception to the requirement of personal service.
7. EXTRATERRITORIAL SERVICE, WHEN In said case, the Court deemed valid the summons
ALLOWED to the non-resident defendant was served upon
the resident spouse who was also the defendant’s
When Extraterritorial Service Allowed
attorney-in-fact. It was shown therein that the
Extraterritorial service of summons is allowed
spouse had authority to sue on behalf of her
when:
husband, and in fact had done so, and had the
1. The defendant is a non-resident;
power to represent him in suits against him. of,
2. He or she is not found in the Philippines;
(Gemperle v. Schenker, G.R. No. L-18164, Jan 23,
3. The action involves:
1967).
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How Extraterritorial Service of Summons Service Upon Minors and Incompetents

Effected When the defendant is a minor, insane or
Extraterritorial service may be effected by: otherwise an incompetent person, service of
a. Personal service; summons shall be made:
b. As provided in international conventions where 1. Personally upon him or her; and
the Philippines is a party; 2. His or her legal guardian, if any; or in the
c. By publication in a newspaper of general absence of a legal guardian, his or her guardian
circulation in places and time as the court may ad litem, whose appointment shall be applied
order and a copy of the summons shall be sent for by the plaintiff. (Sec. 10, Rule 14).
by registered mail to the defendant’s last
known address; and If the defendant is a minor, service can also be
d. Any other manner as the court may deem made to his or her parent or guardian. (Id.).
sufficient. (Sec. 17, Rule 14).
9. SERVICE UPON DOMESTIC OR FOREIGN
“In Any Other Manner the Court May Deem PRIVATE JURIDICAL ENTITY
Sufficient”
In one case, the leave granted by the lower court What are Domestic Private Juridical Entities
to effect extraterritorial service by means of A defendant is a domestic private juridical entity
registered mail sent by the clerk of court at the when it is a:
instance of the plaintiffs was considered valid as it a. Corporation;
falls under the last mode of extraterritorial service b. Partnership; or
which is “in any other manner as the court may c. Association organized under the laws of the
deem sufficient.” (Cariaga Jr. v. Malaya, G.R. No. Philippines with a juridical personality. (Sec.
L-48375, Aug. 13, 1986). 12, Rule 14).
Leave of Court To Whom Summons on Domestic Private

Any application to the court under Rule 14 for Juridical Entities May be Served
leave to effect service in any manner for which Service of summons upon a domestic private
leave of court is necessary shall be made by: juridical entity may be made on its:
1. A motion in writing; a. President;
2. Supported by affidavit of the plaintiff or some b. Managing partner;
person on his behalf; and c. General manager;
3. The motion shall set forth the grounds for the d. Corporate secretary;
application. (Sec. 19, Rule 14). e. Treasurer; or
f. In-house counsel. (Sec. 12, Rule 14).
8. SERVICE UPON PRISONERS AND
MINORS; UPON SPOUSES Service of summons may be made on the above
persons wherever they may be found. (Id.).
Service Upon Prisoners
When the defendant is a prisoner confined in a The above list is “restricted, limited, and
jail or institution, service shall be effected upon exclusive.” (Paramount Insurance Corp. v. A.C.
him or her by the officer having the management Ordoñez Corporation, G.R. No. 175109, Aug. 6,
of such jail or institution who is deemed as a 2003)
special sheriff for said purpose. (Sec. 8, Rule 14).
Note: under the 2019 Amendments, in the
The jail warden shall file a return 5 calendar days absence or unavailability of the foregoing
from service of summons to the defendant. (Id.). persons, service may be made upon their
secretaries. (Sec. 12, Rule 14).
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If such service cannot be made upon any of the 3. There must be actual receipt of the summons by
foregoing persons, it shall be made upon the the corporation through the person on whom
person who customarily receives the the summons was actually served. The third
correspondence for the defendant at its requisite is the most important for it is through
principal office. (Id.). such receipt that the purpose of the rule on
service of summons is attained. (Porac
Should there be a refusal on the part of the Trucking, Inc. v. Court of Appeals G.R. No.
persons above-mentioned to receive summons 81093, Mar. 6, 1990).
despite at least 3 attempts on 2 different dates,
service may be made electronically, if allowed Service of Summons Upon Domestic Private
by the court, as provided under Section 6 of this Juridical Entity Under Receivership
Rule. (Id.). In case the domestic juridical entity is under
receivership or liquidation, service of summons
How Summons on Domestic Private Juridical shall be made on the receiver or liquidator, as the
Entities May be Served case may be. (Sec. 12, Rule 14.).
Service of summons upon a domestic private
juridical entity may be made in the following Types of Foreign Private Juridical Entity
hierarchical order: Under Sec. 14, Rule 14 and Secs. 140 and 150 of
1. To the juridical entity’s president, managing the Revised Corporation Code, the following are
partner, general manager, corporate secretary, the types of foreign private juridical entities:
treasurer, or in-house counsel, wherever they a. Foreign private juridical entity doing business
may be found; AND registered in the Philippines;
2. In the absence or unavailability of the foregoing, b. Foreign private juridical entity doing business
to their respective secretaries; NOT registered in the Philippines’
3. If service cannot be made to the foregoing c. Foreign private juridical entity NOT registered in
persons or their secretaries, to the person who the Philippines but transacted therein in an
customarily receives the correspondence ISOLATED TRANSACTION.
for the defendant at his principal office; and A duly registered foreign corporation has the
4. Should there be refusal on the above-mentioned power to sue and be sued. (Sec. 146, Revised
person to receive the summons despite at least Corporation Code).
3 attempts on 2 different dates, service may
be made electronically if allowed by the General Rule: A corporation not registered, but is
court. (Id.). doing business, or has transacted in a non-
isolated manner shall have NO power to sue but it
Doctrine of Substantial Compliance may be sued. (Sec. 150, Revised Corporation
The requisites for the application of the doctrine of Code).
substantial compliance are:
1. There must be actual receipt of the summons by Exceptions:
the person served, i.e., transferring possession a. Jurisprudence allows foreign corporations not
of the copy of the summons from the Sheriff to registered but has dealt in an isolated
the person served; transaction to sue pursuant to such transaction.
Note: Service of summons upon any of the (Rimbuan Group of Companies v. Oriental
enumerated persons in the respective modes Wood Processing Corp., G.R. No. 152228,
allowed by Sec. 12, Rule 14 is deemed valid Sept. 23, 2005);
service of summons upon the domestic private b. Foreign corporations are also allowed to sue to
juridical entity and not mere “substantial protect its trade name or goodwill. (Philip
compliance”. Morris, Inc. v. Court of Appeals, G.R. No.
2. The person served must sign a receipt or the 91332, Jul. 16, 1993).
sheriffs return; and
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To Whom Service of Summons Upon Foreign Service of Summons Upon Public

Private Juridical Entity Registered in the Corporations
Philippines is Made When the defendant is the Republic of the
When the defendant is a registered foreign private Philippines, service may be effected on the
juridical entity which is doing business in the Solicitor General. (Sec. 15, Rule 14).
Philippines, as defined by law, summons may be
served on: In case the defendant is a province, city or
a. Its resident agent designated in accordance municipality, or like public corporations,
with law for that purpose; or service may be effected on its executive head, or
b. If there be no such agent, the government on such other officer or officers as the law or
official designated by law to that effect; or the court may direct.
c. On any of its officers, agents, directors or
trustees within the Philippines. (Sec. 14, Rule Service of Summons Upon Entities Without
14). Juridical Personality
When persons associated in an entity without
To Whom Service of Summons Upon Foreign juridical personality are sued under the name by
Private Juridical Entity Not Registered in the which they are generally or commonly known,
Philippines But Has Transacted or is Doing service may be effected upon all the defendants
Business in the Philippines by serving upon:
Meanwhile, when the defendant is a foreign a. Any one of them; or
private juridical entity NOT registered but has b. Upon the person in charge of the office or place
transacted or is doing business in the of business maintained in such name. (Sec. 7,
Philippines or has transacted therein, by leave Rule 14).
of court, summons may be served to:
i. The government official designated by law to that However, such service shall not bind individually
effect; any person whose connection with the entity has,
ii. Any of its officers, agents, directors or trustees upon due notice, been severed before the action
within the Philippines. was brought. (Id.).
Furthermore, such foreign private juridical entities 10. PROOF OF SERVICE

may be served with summons through the
following means: Proof of Service for Personal or Substituted
Service of Summons
a. By personal service coursed through the
appropriate court in the foreign country with the For personal or substituted service of summons,
assistance of the department of foreign affairs; proof of service shall be made:
b. By publication once in a newspaper of general 1. In writing by the server;
circulation in the country where the defendant 2. Shall set forth the manner, place, and date of
may be found and by serving a copy of the service;
summons and the court order by registered 3. Shall specify any papers which have been
mail at the last known address of the served with the process and the name of the
defendant; person who received the same; and
c. By facsimile; 4. Shall be sworn to when made by a person other
d. By electronic means with the prescribed proof than a sheriff or his or her deputy. (Sec. 21,
Rule 14).
of service; or
e. By such other means as the court, in its
discretion, may direct. (Id.). In addition, for substituted service, the return of the
summons shall state the required details under
Sec. 20, Rule 14 (see discussions on Return).
The certificate of service of the process server of

the court a quo is prima facie evidence of the facts
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as set out therein. This is fortified by the

presumption of the regularity of performance of A motion is an application made to a court or judge
official duty. To overcome the presumption of for the purpose of obtaining a rule or order
regularity of official functions in favor of such directing some act to be done in favor of the
sheriff’s return, the evidence against it must be applicant. (Donton v. Loria, A.M. No. P-03-1684,
clear and convincing. Sans the requisite quantum March 10, 2006).
of proof to the contrary, the presumption stands
deserving of faith and credit. (Guanzon v. b. Distinguish: Motion And Pleadings
Arradaza, G.R. No. 155392, Dec. 12, 2006)
Motion vs. Pleading
The impossibility of personal service justifying PLEADING MOTION
availment of substituted service should be Written statements of An application, other
explained in the proof of service; and why efforts the respective claims than a pleading,
exerted towards personal service failed. The and defenses of the made to a court or
pertinent facts and circumstances attendant to the parties submitted to judge for the purpose
service of summons must be stated in the proof of the court for of obtaining a rule or
service or Officer’s Return; otherwise, the appropriate order directing some
substituted service cannot be upheld. (Samartino judgment. (Sec. 1, act to be done in favor
v. Raon et. al., G.R. No. 131482, Jul. 3, 2002). Rule 6). of the applicant. (Sec.
1, Rule 15; Donton v.
Proof of Service of Summons by Electronic Loria).
Mail May be initiatory (see Cannot be initiatory
If summons was served by electronic mail, the Sec. 2, Rule 6). as motions are made
proof of service shall be: in a case already filed
1. A printout of said e-mail, with a copy of the in court (see
summons as served; and Rimbunan Hijau
2. An affidavit of the person mailing. (Sec. 21, Rule Group v. Oriental
14).
Wood Processing
G.R. No. 152228,
Proof of Service by Publication Sep. 23, 2005).
Proof of service of summons by publication shall
Must be written (Sec. May be written or oral
be proven by: 1, Rule 6). when made in open
1. Affidavit of the publisher, editor, business or
court or in the course
advertising manager, to which a copy of the
of a hearing or a trial
publication shall be attached; and
(Sec. 2, Rule 15).
2. Affidavit showing the deposit of a copy of the
Must be filed before May be filed after
summons and order for publication in the post
judgment because it judgment (e.g.,
office, postage prepaid, directed to the
is subject to motion for new trial or
defendant by registered mail to his or her last
adjudication. (Sec. 1, reconsideration, see
known address. (Sec. 22, Rule 14).
Rule 6). Rule 37).
c. Contents And Form Of Motions

H. MOTIONS Form of Motions
Generally, motions shall be in writing, unless
1. MOTIONS IN GENERAL
made in open court or in the course of a hearing
a. Definition Of A Motion or trial. If made in open court or during trial, the
motion must be immediately resolved after the
An application for relief other than by a pleading. adverse party is given the opportunity to argue his
(Sec. 1, Rule 15). or her opposition. (Sec. 2, Rule 15).
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When a motion is based on facts not appearing Litigious motions shall be served by personal
on record, the court may hear the matter on service, accredited private courier, registered mail,
affidavits or depositions presented by the or by electronic means so as to ensure their
respective parties, but the court may direct that receipt by the other party. (Sec. 5 (b), Rule 15). No
the matter be heard wholly or partly on oral written motion shall be acted upon by the court
testimony or depositions. (Id.). without proof of service thereof. (Sec. 7, Rule 15).
The Rules applicable to pleadings shall apply to No other submissions shall be considered by the
written motions so far as concerns caption, court in the resolution of the motion except for the
designation, signature, and other matters of form. opposition of the adverse party to the motion,
(Sec. 11, Rule 15). which must be filed within 5 days from receipt of
the motion. (Sec. 5 (c), Rule 15).
Contents of a Motion
1. Statement of relief sought to be obtained. The court shall resolve the motion within 15
2. Grounds upon which the motion is based. calendar days from receipt of the opposition or
3. Supporting affidavits and other papers when upon the lapse of the period to file the same. (Id.).
required by the Rules or when necessary to
prove facts stated in motion. (Sec. 3, Rule 15). The court, in its discretion and if it deems it
necessary, may call a hearing on the litigious
A motion for leave to file a pleading or motion shall motion. The notice of hearing shall be addressed
be accompanied by the pleading or motion sought to all parties concerned and shall specify the time
to be admitted. (Sec. 10, Rule 15) and date of the hearing. (Sec. 6, Rule 15).
d. Litigious And Non-Litigious Motions; Motions are generally set for hearing on a Friday,
When Notice Of Hearing Necessary unless they require immediate action. (Sec. 8,
Rule 15).
Litigious Motions
Litigated (Litigious) motions are those which the Note that the rule requiring the notice to be given
Rules call for the service of copy thereof upon the to the adverse party at least 3 days prior to the
opposing party and which may be set for hearing. hearing day (3-day notice rule) AND the rule
(Tabujara III v. Gonzales-Asdala, A.M. No. RTJ- requiring the hearing to be set not later than 10
08-2126, Jan. 20, 2009). days from the filing of the motion was REMOVED
by the 2019 Amendments.
The following are litigious motions:
1. Motion for bill of particulars; Non-Litigious Motions
2. Motion to dismiss; Motions which the court may act upon without
3. Motion for new trial; prejudicing the rights of adverse parties are non-
4. Motion for reconsideration; litigious motions. They shall not be set for hearing
5. Motion for execution pending appeal; and shall be resolved by the court within 5
6. Motion to amend after a responsive pleading calendar days from receipt thereof. (Sec. 4, Rule
has been filed; 15).
7. Motion to cancel statutory lien;
8. Motion for an order to break in or for a writ of The following are non-litigious motions:
demolition; 1. Motion for the issuance of an alias summons;
9. Motion for intervention; 2. Motion for extension to file answer;
10. Motion for judgment on the pleadings; 3. Motion for postponement;
11. Motion for summary judgment; 4. Motion for the issuance of a writ of execution;
12. Demurrer to evidence; 5. Motion for the issuance of an alias writ of
13. Motion to declare defendant in default; and execution;
14. Other similar motions. (Sec. 5 (a), Rule 15).
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6. Motion for the issuance of a writ of possession; objections not so included shall be deemed
7. Motion for the issuance of an order directing the WAIVED. (Sec. 9, Rule 15).
sheriff to execute the final certificate of sale;
and This is in conjunction with Sec. 1 of Rule 9 which
8. Other similar motions. requires that defenses and objections must be
(Id.). pleaded in either the answer or in a motion to
dismiss, otherwise, they are deemed waived.
The notice requirement does not apply to motions
which may be heard ex-parte (non-litigious). The Exceptions to the Omnibus Motion Rule
reason for this is that these motions are non- The following grounds, although not raised, are not
contentious and do not as a rule involve the deemed waived:
substantial rights of the other parties in the suit. a. Lack of jurisdiction over subject matter;
(Denso (Phils.), Inc. v. Intermediate Appellate b. Litis pendentia;
Court, G.R. No. 75000, Feb. 27, 1987). c. Res judicata; and
d. Prescription. (Sec. 1, Rule 9)
Litigious vs. Non-litigious Motions
LITIGIOUS NON-LITIGIOUS f. Prohibited Motions
MOTIONS MOTIONS
The following are prohibited motions:
Motions which are Motions which the
1. Motion to dismiss, except for certain grounds;
allowed to be court may act upon
2. Motion to hear affirmative defenses;
opposed and may be without prejudicing
3. Motion for reconsideration of the court's action
set for hearing. (Sec. the rights of adverse
on the affirmative defenses;
5(c), Rule 15). parties and are not
4. Motion to suspend proceedings without a
set for hearing. (Sec.
temporary restraining order or injunction issued
4, Rule 15).
by a higher court;
Must be served to the Need not be served to
5. Motion for extension of time to file pleadings,
adverse party and the adverse party.
affidavits or any other papers, except a motion
service must be duly (Id.).
for extension to file an answer;
proven. (Sec. 5 (b),
6. Motion for postponement intended for delay,
Sec. 7, Rule 15).
save for certain exceptions.
Opposition to the No opposition may be
(Sec. 12, Rule 15).
motion may be filed. filed. (Id.).
(Sec. 5(c), Rule 15)
Motion to Dismiss
Resolved by the court Resolved by the court A motion to dismiss is now a prohibited motion,
within 15 days from within 5 calendar save for the following grounds:
the filing of the days from receipt a. Lack of jurisdiction of the court over the subject
opposition or from the thereof. (Sec. 4, Rule matter;
expiration to file the 15). b. Litis pendentia;
same, unless the c. Res judicata; and
court decide to set the d. Prescription. (Sec. 12 (a), Rule 15).
motion for hearing.
(Sec. 5(c), Rule 15) Motion to Hear Affirmative Defenses
Under Sec. 12 (c) of Rule 8, the court shall motu
e. Omnibus Motion Rule propio resolve the affirmative defenses. Thus, a
motion to hear affirmative defenses is not allowed.
The omnibus motion rule is a procedural principle However, for affirmative defenses under the first
which requires that every motion that attacks a paragraph of Section 5 (b) of Rule 6, the court
pleading, judgment, order or proceeding shall MAY opt to conduct a summary hearing. (See Sec.
include ALL objections THEN AVAILABLE and all 12 (c) and (d) of Rule 8; Sec 5 (b), Rule 6).
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Note: See previous discussion on Affirmative 2. MOTIONS FOR BILL OF PARTICULARS

Defenses.
a. Purpose And When Applied For
Motion for Reconsideration of the Court's
Action on the Affirmative Defenses Purpose of a Bill of Particulars
Affirmative defenses, if denied, shall not be the A bill of particulars is a complementary procedural
subject of a motion for reconsideration or document consisting of an amplification or more
petition for certiorari, prohibition or mandamus, but particularized outline of a pleading, and being in
may be among the matters to be raised on appeal the nature of a more specific allegation of the facts
after a judgment on the merits. (Sec. 12 (e), Rule recited in the pleading. It is the office of the bill of
8). particulars to inform the opposite party and the
court of the precise nature and character of the
Motion to Suspend Proceedings Without A cause of action or defense which the pleader has
Temporary Restraining Order Or Injunction attempted to set forth and thereby to guide his
Issued By A Higher Court adversary in his preparations for trial, and
Under the 2019 Amendments, a motion to reasonably to protect him against surprise at the
suspend proceedings cannot be filed unless trial. (Virata v. Sandiganbayan, G.R. No. 114331,
supported by a temporary restraining order or an May 27, 1997).
injunction coming from a higher court. (Sec. 12 (d),
Rule 15). A motion for a bill of particulars may be addressed
to any pleading, and is not merely limited to a
Motion for Extension of Time to File Pleadings, complaint. (RIANO, 2019, p.435).
Affidavits or Any Other Papers
A motion for extension to file any pleading, other An allegation that the “defendant acted in unlawful
than an answer, is prohibited and considered a concert with the other defendant in illegally
mere scrap of paper. The court, however, may amassing assets, property and funds in amounts
allow any other pleading to be filed after the time disproportionate to the latter’s income,” is a proper
fixed by these Rules. (Sec. 11, Rule 11). subject of a motion for bill of particulars. Plaintiff is
bound to clarify the specific nature, manner and
A motion for extension to file an answer can only extent of the alleged collaboration between the
be filed ONCE. (Id.). defendants. Allegations couched in general terms
are not statements of ultimate facts. (Republic v
Motion for Postponement Intended for Delay Sandiganbayan, G.R. No. 148154, Dec. 17, 2007)
Generally, a motion to postpone proceedings is
not allowed, except if it is based on: A bill of particulars becomes part of the pleading
a. Acts of God; for which it is intended. (Sec 6, Rule 12)
b. Force majeure; or
c. Physical inability of the witness to appear and When Bill of Particulars is Applied For
testify. (Sec. 12 (f), Rule 15). A motion for a bill of particulars must be filed
BEFORE responding to a pleading. (Sec. 1, Rule
The presentation of evidence must still be 12)
terminated on the dates previously agreed upon
despite the grant of the motion to postpone the If the pleading is a reply, the motion must be filed
proceedings. (Id.). within 10 calendar days from service thereof. (Id.).
The postponement fee must be duly paid, and the Contents of the Motion
official receipt evidencing the payment must be The motion for bill of particulars shall point out:
filed together with the motion, or to be submitted 1. Defects complained of;
on the next hearing day. Otherwise, the motion will 2. The paragraphs wherein they are contained;
not be accepted. (Id.). 3. The details desired by the movant. (Id.).
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b. Actions Of The Court When Filing for a Bill of Particulars is Not

Appropriate
Upon the filing of the motion, the clerk of court A motion for bill of particulars will not be granted if
must immediately bring it to the attention of the the complaint, while not very definite, nonetheless
court. Thereafter, the court may: already states a sufficient cause of action. A
a. Deny the motion outright; motion for bill of particulars may not call for matters
b. Grant the motion outright; or which should form part of the proof of the
c. Allow the parties the opportunity to be complaint upon trial. Such information may be
heard. (Sec. 2, Rule 15). obtained by other means. (Salita v. Magtolis, G.R.
No. 106429, Jun. 13, 1994).
c. Compliance With The Order And Effect Of
Non-Compliance It would not be proper for a motion for a bill of
particulars to call for the production of particulars
Compliance
constituting malice, intent, knowledge, or
When the motion is granted (in whole or in part),
conditions of the mind as such matters may be
compliance must be effected within 10 calendar
averred generally. (RIANO, 2019, p. 436).
days from notice of the order, unless the court
fixes a different period. (Sec. 3, Rule 12).
In complying with the order, the pleader may file I. DISMISSAL OF ACTIONS
and serve to the adverse party the bill of
particulars either: 1. DISMISSAL WITH PREJUDICE
a. In a separate pleading; or
b. In the form of an amended pleading. (Id.). A dismissal with prejudice bars the refiling of the
complaint and, when the law permits, is subject to
Effect of Noncompliance or Insufficient the right of appeal. (Heirs of Sadhwani v.
Compliance Sadhwani, G.R. No. 217365, Aug. 14, 2019).
If the order is not obeyed or the compliance
therewith is insufficient, the court may: Dismissal Due to the Fault of the Plaintiff –
a. Order striking out of the pleading; With Prejudice
b. Order striking out portions of pleading to which The complaint may be dismissed upon motion of
the order was directed; the defendant or upon the court's own motion
c. Make such other order as it deems just; (Sec. 4, and shall have the effect of an adjudication on
Rule 12). the merits, unless otherwise declared by the
court, if for no justifiable cause the plaintiff:
d. Effect On The Period To File A a. Fails to appear on the date of the presentation
Responsive Pleading of his or her evidence in chief on the
complaint;
Filing of bill of particulars stays the period to file a b. Fails to prosecute his or her action for an
responsive pleading. (Sec. 5, Rule 12). unreasonable length of time; or
c. Does not comply with the Rules of Court or
Movant may file his responsive pleading within the any order of the court.
period to which he is entitled (balance of (Sec. 3, Rule 17).
reglementary period) at the time the bill of
particulars is filed, which shall NOT be less than In granting the dismissal, the trial court specifically
FIVE (5) DAYS in any event AFTER: orders the dismissal to be without prejudice. In
a. Service of the bill of particulars upon him; or case of dismissal due to plaintiff’s failure to
b. Notice of the denial of his motion. (Id.). prosecute, it is only when the trial court's order is
either silent on the matter, or states otherwise, that
the dismissal will be considered an adjudication on
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the merits. (Ching v. Cheng, G.R. No. 175507, v. Dismissal by notice of the plaintiff where such
Oct. 8, 2014). notice provides that the dismissal is with
prejudice (Sec. 1, Rule 17);
The fundamental test for non prosequitur is vi. Dismissal by notice of the plaintiff covered by
whether, under the circumstances, the plaintiff is the two-dismissal rule (Id.);
chargeable with want of due diligence in failing to vii. Dismissal by motion of the plaintiff and the
proceed with reasonable promptitude. There must court orders that it is with prejudice. (Sec. 2,
be unwillingness on the part of the plaintiff to Rule 17).
prosecute. (Shimizu Philippines Contractors v.
Magsalin, G.R. No. 170026, June 20, 2012). The above dismissals are subject to the right of
appeal. (see Sec. 1, Rule 41).
Dismissal for failure to prosecute is an adjudication
on the merits. Therefore, such dismissal should be The Rules of Court accommodates the outright
challenged by APPEAL within the reglementary dismissal of a complaint upon plaintiff's failure to
period. (3A Apparel Corporation vs. Metropolitan show justifiable reason for not setting the case for
Bank and Trust Co. G.R. 186175, Aug. 23, 2010). pre-trial within the period provided by the
Rules. Although Section 1, Rule 14 of the Rules
Dismissals with Prejudice by Motion to imposes upon the clerk of court the duty to serve
Dismiss or Affirmative Defenses summons, this does not relieve the petitioner of
Subject to the right of appeal, an order granting a her own duty as the plaintiff in a civil case to
motion to dismiss or an affirmative defense based prosecute the case diligently, and if the clerk had
on the following shall bar the refiling of the same been negligent, it was petitioner's duty to call the
action: court's attention to that fact. (Bank of the Philippine
i. Res judicata; Islands v. Spouses Genuino, G.R. No. 208792,
ii. Prescription; or July 22, 2015.)
iii. The claim or demand of the plaintiff has been:
(i) Paid; 2. DISMISSAL UPON NOTICE BY PLAINTIFF
(ii) Waived;
(iii) Abandoned; When Dismissal By Notice Allowed
(iv) Extinguished; or A complaint may be dismissed by the plaintiff by
(v) Unenforceable under the Statute of Frauds. filing a notice of dismissal at any time before:
(Sec. 13, Rule 15). a. Service of the answer; or
b. Motion for summary judgment.
Other Dismissals With Prejudice (Sec. 1, Rule 17).
The following dismissal shall likewise bar the
refiling of the same action: After the notice has been filed, the court shall issue
i. Willful and deliberate forum shopping by the an order confirming the dismissal. (Id.).
party or his or her counsel (Sec. 5, Rule 7);
ii. Plaintiff’s misrepresentation that he or she has But in case of a class suit, dismissal of the action
requires approval of the court. (Sec. 2, Rule 17).
served summons to the defendant, in cases
where plaintiff is authorized by the court to
serve summons. (Sec. 3, Rule 14); It is not the order confirming the dismissal which
iii. Failure of the plaintiff or counsel to appear, operates to dismiss the complaint. Said order
without valid cause, during the pre-trial, court- merely confirms a dismissal already effected by
annexed mediation, and judicial dispute the filing of the notice of dismissal. (RIANO, 2019,
resolution (Secs. 3 and 5, Rule 18); p. 457).
iv, Failure of the party to file his or her pre-trial brief
(Sec. 5 and 6, Rule 18); The trial court has no choice but to consider the
complaint as dismissed, since the plaintiff may opt
for such dismissal as a matter of right, regardless
of the ground. Upon filing of notice, the motion to
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dismiss by the defendants therein is rendered 3. DISMISSAL UPON MOTION BY

moot and academic. (Dael v. Spouses Beltran, PLAINTIFF; EFFECT ON EXISTING
G.R. No. 156470, Apr. 30, 2008). COUNTERCLAIM
Dismissal By Notice - Without Prejudice When Dismissal by Motion is Required

As a general rule, dismissal by notice of the If an answer or a motion for summary judgment
plaintiff is without prejudice to the refiling of the has already been served, a complaint shall be
same action, except: dismissed only upon motion of the plaintiff and by
a. The notice expressly provides that the dismissal approval of the court, based on such terms and
is with prejudice; or conditions as the it deems proper. (Sec. 2, Rule
b. The dismissal is covered by the two-dismissal 17).
rule.
(Sec. 1, Rule 17). Dismissal by Motion of Plaintiff – Without
Prejudice
But even if the notice of dismissal does not The dismissal by motion of the plaintiff is without
expressly state that it is with prejudice, the prejudice to the refiling of the same, unless the
dismissal shall be considered with prejudice if the order of dismissal specifies that it is with prejudice.
notice provides a reason that bars the refiling of (Sec. 2, Rule 17).
the complaint. This happens when, for instance,
the reason for the dismissal was that the Effect of Dismissal by Motion on Prescriptive
defendant has already paid the claim, or the Period
plaintiff recognizes that his claim is barred by The dismissal upon motion by plaintiff is NOT for
prescription. (RIANO, 2019, p. 458). the purpose of voluntarily abandoning his claim
when the intention was to expedite the
Two-dismissal Rule enforcement of his rights and there was clearly no
The notice operates as an adjudication upon the inaction nor lack of interest on his part. In
merits when: prescription, there must be a categorical showing
1. Filed by the same plaintiff; that due to plaintiff's negligence, inaction, lack of
2. The same plaintiff has once dismissed an action interest, or intent to abandon a lawful claim or
in a competent court by notice; cause of action, no action whatsoever was taken.
3. The second action is based on or including the Prescription, therefore, does not run. (Antonio, Jr.
same claim as the first action. vs. Morales G.R. 165552, Jan. 23, 2007).
4. The second action was also dismissed by mere
notice of the plaintiff. Effect on Dismissal by Motion on the
(Sec. 1, Rule 17). Counterclaim
The dismissal of the action by motion shall not
The Two-dismissal Rule applies only when both affect the right of the defendant to prosecute his
dismissals (the first and the second), were at the counterclaim either:
instance of the plaintiff. Here, the dismissal of the a. In a separate action; or
first case was at the instance of the defendant b. In the same action, after manifesting his
(motion to dismiss on the ground of lack of intention to do so within 15 calendar days from
jurisdiction over the subject matter), while that of the filing of the motion to dismiss by the plaintiff.
the second case was at the instance of the plaintiff. (Sec. 2, Rule 17).
The circumstances surrounding each dismissal
must first be examined to determine before the The dismissal of the complaint does not
rule may apply, as in this case. (Ching v. Cheng, necessarily carry with it the dismissal of the
G.R. No. 175507, Oct. 8, 2014). counterclaim, compulsory or otherwise. The
dismissal of the complaint is without prejudice to
the right of the defendants to prosecute the
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counterclaim. (Pinga v. Santiago, G.R. No. counterclaim also cannot survive. Conversely, if
170354, Jun. 30, 2006) the counterclaim itself states sufficient cause of
Three Situations Involving the Effect of a action then it should stand independently and
Dismissal of a Complaint on the Counterclaim survive the dismissal of the complaint. (Perkin
Already Set Up Elmer Singapore Pte. Ltd. vs. Dakila Trading
Corporation G.R. 172242, Aug. 14, 2007)
1. When the defendant files an answer raising
therein an affirmative defense, as well as a 4. DISMISSAL DUE TO FAULT OF
counterclaim, and upon hearing of the PLAINTIFF
affirmative defenses, the court dismisses the
case – Under Rule 16, Sec. 6 of the1997 Rules Note: see discussions on Dismissals Due to the
on Civil Procedure, the dismissal of the Fault of the Plaintiff under Dismissals With
complaint shall be without prejudice to the Prejudice
prosecution of the counterclaim in the same or
5. DISMISSAL OF COUNTERCLAIM,
a separate action.
CROSS-CLAIM OR THIRD-PARTY
COMPLAINT
Note: Rule 16 has been entirely deleted in the
2019 Amendments. The previous grounds for a
The provisions under Rule 17 apply to the
motion to dismiss are now affirmative
dismissal of any counterclaim, cross-claim or third-
defenses, with certain exceptions. (see party complaint. (Sec 4. Rule 17).
discussions on affirmative defenses and
motions; see also Sec. 12, Rule 8 and Sec.
A voluntary dismissal of the counterclaim, cross-
12(a), Rule 15)
claim, or third-party claim by notice of the
claimant can be made before:
ii. When the plaintiff himself files a motion to
a. Service of a responsive pleading thereto;
dismiss his complaint after the defendant has
b. Service of a motion for summary judgment;
pleaded his answer with a counterclaim, and
or
the court grants the motion - Again, the
c. In the absence of a responsive pleading and
dismissal shall be without prejudice to the right
motion for summary judgment, before the
of the defendant to prosecute his counterclaim
introduction of evidence.
in a separate action unless within 15 days from
(Id.).
notice of the motion he manifests his
preference to have his counterclaim resolved in
the same action. (Sec. 2, Rule 17).
J. PRE-TRIAL
iii. When complaint is dismissed through the
plaintiff’s fault and at a time when a 1. CONCEPT OF PRE-TRIAL
counterclaim has already been set up - The
dismissal is without prejudice to the right of the Concept under A.M. No. 03-1-9-SC
defendant to prosecute his counterclaim in the An undeniably important and vital component of
same or separate action. (Sec. 3, Rule 17). case management in trial courts, the purpose of
which is to abbreviate court proceedings, ensure
The phraseology of the provision is clear: the prompt disposition of cases and decongest court
counterclaim is not dismissed, whether it is a dockets.
compulsory or a permissive counterclaim,
because the rules make no distinction. (RIANO, Pre-trial shall endeavor to persuade the parties to
2019, p. 461). arrive at a settlement of the dispute, with due
regard to the rights of the parties.
If the dismissal of the complaint somehow
eliminates the cause of the counterclaim, then the The court shall endeavor to make the parties
agree to an equitable compromise or settlement at
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any stage of the proceedings before rendition of (2) Examine and make comparisons of the
judgment. adverse parties’ evidence vis-à-vis the
copies to be marked
Concept Derived from Jurisprudence (3) Manifest for the record stipulations
Pre-trial is primarily intended to make certain that regarding the faithfulness of the
all issues necessary to the disposition of a case reproductions and the genuineness and
are properly raised. To eliminate the element of dues execution of the adverse parties’
surprise during actual trial, parties are expected to evidence
disclose at the pre-trial conference all issues of law (4) Reserve evidence not available at pre-trial,
and fact that they intend to raise at the but only in the following manner:
trial. However, in cases in which the issue may a. For testimonial evidence – by giving the
involve privileged or impeaching matters, or if the name or position and the nature of the
issues are impliedly included therein or may be testimony of the proposed witness
inferable therefrom by necessary implication as b. For documentary evidence and other
integral parts of the pre-trial order, then the object evidence – by giving particular
general rule does not apply. A pre-trial order is not description of the evidence; and
meant to be a detailed catalogue of each and 8. Such other matters as may aid in the prompt
every issue that is to be or may be taken up during disposition of the action. (Rule 18, Sec. 2)
the trial. (LCK Industries v. Planters Development
Bank, G.R. No. 170606, 2007) Setting for Pre-Trial
The pre-trial brief serves as a guide during the pre-
2. NATURE AND PURPOSE trial conference so as to simplify, abbreviate and
expedite the trial if not to dispense with it. It is a
Nature of Pre-trial
devise essential to the speedy disposition of
Pre-trial is mandatory and should be terminated disputes, and parties cannot brush it aside as a
promptly. (Rule 18, Sec. 2) The pre-trial is mere technicality. In addition, pre-trial rules are
mandatory BOTH in civil and in criminal cases. not to be belittled or dismissed, because their non-
(Rule 118, Sec. 1) observance may result in prejudice to a party’s
substantive rights. Like all rules, they should be
Purpose of Pre-trial followed except only for the most persuasive of
The purpose of the pre-trial is to allow the court to reasons when they may be relaxed to relieve a
consider: litigant of an injustice not commensurate with the
1. The possibility of an amicable settlement or of a degree of his thought[less]ness in not complying
submission to alternative modes of dispute with the procedure. (Eufemia Balatico vda. De
resolution; Agatep vs Roberta L. Rodriguez and Natalia
2. The simplification of the issues; Aguinaldo Vda. De Lim, G.R. No. 170540, 2009)
3. The possibility of obtaining stipulations or
admissions of facts and of documents to avoid Stipulations freely and voluntarily made are valid
unnecessary proof; and binding and will not be set aside unless for
4. The limitation of the number and identification of good cause. The Rules of Court mandate parties
witnesses and the setting of trial dates in a criminal case to stipulate facts. Once they
5. The advisability of a preliminary reference of have validly and voluntarily signed the stipulations,
issues to a commissioner; the accused and their counsel may not set these
6. The propriety of rendering judgment on the aside on the mere pretext that they may be placed
pleadings, or summary judgment, or dismissing at a disadvantage during the trial. (Sixto Bayas vs
the action should a valid ground exist; Sandiganbayan, G.R. No. 143689-91, 2002).
7. The requirement of the parties to:
(1) Mark their respective evidence if not yet
marked in the judicial affidavits of their
witnesses
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3. NOTICE OF PRE-TRIAL 4. APPEARANCE OF PARTIES; EFFECT OF

FAILURE TO APPEAR
When Pre-trial is Conducted; When Notice of
Pre-trial is Sent Duty to Appear During Pre-Trial
After the last responsive pleading has been served Parties and their counsel both have the duty to
and filed, the branch clerk of court shall issue, appear during the pre-trial, court-annexed
within five (5) calendar days from filing, a notice of mediation, and judicial dispute resolution, if
pretrial which shall be set not later than sixty (60) necessary.
calendar days from the filing of the last responsive
pleading. (Rule 18, Sec. 1).
Non-appearance may be excused only for:
Note that even prior to the amendment, A.M. No. a. Acts of God;
03-1- 09-SC, July 13, 2004 provides that within b. Force Majeure; or
five (5) days from date of filing of the reply, the c. Duly substantiated physical inability. (Rule 18,
plaintiff must promptly move ex parte that the case Sec. 4).
be set for pre-trial conference. If the plaintiff fails
to file said motion within the given period, the The parties and their counsels are required to
branch clerk of court shall issue a notice of pre- attend the pre-trial the purpose of which is to
trial. With that administrative matter, it became the exhaust all possibilities of reaching a compromise.
duty of the clerk of court to set the case for pre-trial Having failed to justify their absence, they have no
if the plaintiff fails to do so within the prescribed valid ground to request for a new trial. Further, an
period; however this did not relieve the plaintiff of improvident termination of legal services is not a
his own duty to prosecute the case diligently. valid excuse to be absent at the pretrial. (Jonathan
(Bank of the Philippines v. Genuino, G.R. No. Landoil International Co v Sps. Mangudadatu,
208792, Jul. 22, 2015). G.R. No. 155010, 2004)
With the amendment, there is no need for the Representative to Appear on Behalf of Party
plaintiff to file or the clerk of court to await the lapse A representative may appear on behalf of a party,
of the period to file an ex-parte motion to set case but must be fully authorized in writing to enter
for pretrial, before a notice of pre-trial shall be into:
issued. (Rule 18, Sec. 1) 1. An amicable settlement;
2. To submit to alternative modes of dispute
Branch clerk of court shall also prepare the resolution; and
minutes of the pre-trial. (Rule 18, Sec. 2) 3. To enter into stipulations or admissions of facts
and of documents. (Rule 18, Sec. 4).
Contents of Notice of Pre-trial
Notice of pre-trial shall include the dates The authorization in writing must be in the form of
respectively set for: a special power of attorney. Entering into an
1. Pre-trial; amicable settlement for a client, who is the
2. Court Annexed Mediation; and principal in the attorney-client relationship,
3. Judicial Dispute Resolution, if necessary. (Rule involves entering into a compromise. (RIANO,
18, Sec. 3) 2019, p. 471, see also Civil Code, Article 1878(3)).
Notice shall be served on: Failure to Appear During Pre-trial Despite

1. Counsel; and Notice
2. The party himself, if he or she has no counsel. If plaintiff AND counsel failed to appear without
(Rule 18, Sec. 3) valid cause when so required:
1. The case shall be dismissed with prejudice
unless otherwise ordered by the court; OR
2. The plaintiff will be allowed to present evidence
ex-parte within ten (10) calendar days from
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termination of pre-trial, and the court shall 7. A brief statement of points of law and citation of
render judgment on the basis of the evidence authorities. (Rule 18, Sec. 6(a) to (g)).
offered. (Rule 18, Sec. 5); AND
3. The party shall be deemed to waive any objects Effect of Failure to File a Pre-Trial Brief
to the faithfulness of the reproductions marked, Failure to file the pre-trial brief shall have the same
or their genuineness and due execution. (Rule effects as failure to appear at the pre-trial. (Rule
18, Sec. 2). 18, Sec. 6).
The dismissal is to be considered as a final Having no counsel in a civil case is not a

judgment; thus, the remedy of the plaintiff is to reasonable excuse to not file a pre-trial brief. It
appeal. Since appeal is available, certiorari is not does not also deprive one of due process. Failure
the remedy because it is conditioned upon the to file a pre-trial brief will have the same effect as
absence of an appeal or any plain, speedy, and not appearing during pre-trial. (Saguid v. CA, G.R.
adequate remedy in the ordinary course of 150611, 2003).
Failure to Bring Evidence During Pre-trial 6. PRE-TRIAL ORDER

Despite Notice
Failure without just cause of a party AND/OR Contents of Pre-Trial Order
counsel to bring the evidence required shall be Upon termination of the pre-trial, the court shall
deemed a waiver of the presentation of such issue an order within ten (10) calendar days which
evidence. (Rule 18, Sec. 2) shall recite in details the matters taken up during
the pre-trial. This shall include:
Failure to Appear in Court Annexed Mediation 1. An enumeration of the admitted facts;
and Judicial Dispute Resolution 2. The minutes of the pre-trial conference;
Non-appearance at court annexed mediation and 3. The legal and factual issue/s to be tried;
judicial dispute resolution shall be deemed as non- 4. The he applicable law, rules, and jurisprudence;
appearance at the pre-trial and shall merit the 5. The evidence marked
same sanctions. (Rule 18, Sec. 3) 6. The specific trial dates for continuous trial,
which shall be within the period provided for by
5. PRE-TRIAL BRIEF; EFFECT OF FAILURE the Rules
TO FILE 7. The case flowchart to be determined by the
court, which shall contain the different stages
Filing and Contents of the Pre-trial Brief of the proceedings up to the promulgation of
A pre-trial brief is required to be filed at least three the decision and the use of time frames for
(3) calendar days before the date of the pre-trial each stage in settings the trial dates
conference and it must also be served on the 8. A statement that the one-day examination of
adverse party. (Rule 18, Sec. 6). witness rules and most important witness rule
under the Guidelines for Pre-Trial (AM 3-1-9-
The pre-trial brief shall contain the following: SC) shall be strictly followed; and
1. A concise statement of the case and the reliefs 9. A statement that the court shall render judgment
prayed for; on the pleadings or summary judgment, as the
2. A summary of admitted facts and proposed case may be. (Rule 18, Sec. 7).
stipulation of facts;
3. The main factual and legal Issues to be tried or Use of Judicial Affidavits
resolved; The direct testimony of witnesses for the plaintiff
4. The propriety of referral or factual issues to shall be in the form of judicial affidavits. After the
commissioners; identification of such affidavits, cross-examination
5. The documents or other object evidence to be shall proceed immediately. (Rule 18, Sec. 7).
marked, stating the purpose thereof;
6. The names of witnesses, and the summary of
their respective testimonies; and
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Postponements of the Presentation of the

Witnesses of the Parties Failure to Appear During Presentation of
The postponement of presentation of the parties’ Witnesses Without Valid Cause
witnesses is prohibited, except if it is based on: Should the opposing party fail to appear during the
a. Acts of God; scheduled dates of presentation of the parties’
b. Force Majeure; or witnesses without valid cause, the presentation of
c. Duly substantiated physical inability of the the scheduled witness will proceed with the absent
witness to appear and testify. party being deemed to have waived the right to
The party who causes the postponement is interpose objection and conduct cross-
warned that the presentation of its evidence must examination. (Rule 18, Sec. 7)
still be terminated within the remaining dates
previously agreed upon. (Rule 18, Sec. 7).
7. DISTINCTION BETWEEN PRE-TRIAL IN A CIVIL CASE AND PRE-TRIAL IN A CRIMINAL

CASE
IN CIVIL CASES IN CRIMINAL CASES

Commencement Pre-trial is set after the last responsive Pre-trial is ordered by the court after
pleading has been served and filed. arraignment and within thirty (30) days
The branch clerk of court shall issue, from the date the court acquired
within 5 calendar days from filing, a jurisdiction over the person of the
notice of pre-trial. accused (either through voluntary
surrender or arrest).
NO MOTION to set the case for pre-

trial is required.
As to purpose Among others, it considers the Among others, it considers the
possibility of an amicable settlement. possibility of a plea bargaining.
As to matters Minutes of each pre-trial conference Agreements or admissions made or

discussed shall contain matters taken up therein, entered during the pre-trial conference
more particularly admissions of facts shall be reduced in writing and signed
and exhibits and shall be signed by the by BOTH the accused and counsel;
parties and/or their counsel. (AM 3-1- otherwise, they cannot be used against
9-SC) the accused.
As to Pre-Trial Shall set forth in detail: an enumeration Shall set forth the actions taken during
Order of the admitted facts, the minutes of the pre-trial conference, the facts
the pre-trial conference, legal and stipulated, the admissions made,
factual issue/s to be tried, applicable evidence marked, the number of
law, rules, and jurisprudence, witnesses to be presented and the
evidence marked, specific trial dates schedule of trial.
for continuous trial, which shall be
within the period provided for by the
Rules, case flowchart to be determined
by the court, which shall contain the
different stages of the proceedings up
to the promulgation of the decision and
the use of time frames for each stage
in settings the trial dates, a statement
that the one-day examination of
witness rules and most important
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witness rule under AM 3-1-9-SC shall

be strictly followed, and a statement
that the court shall render judgment on
the pleadings or summary judgment,
as the case may be.
As to non- Sanction of the court for plaintiff or his If the counsel for the accused or the
appearance of or her counsel is the action’s dismissal, prosecutor does not appear at the pre-
parties with prejudice. As for defendant or his trial conference, and does not offer an
or her counsel, court may allow plaintiff acceptable excuse, the court may
to present his or her evidence ex-parte. impose proper sanctions and
It shall also result in the waiver of any penalties.
objections to the faithfulness of the
reproductions marked, or their
genuineness and due execution.
As to requirement Specifically required (Sec. 6, Rule 18) Not specifically required.(RIANO,
of pre-trial brief 2019, p. 477) The Rules do not require
the filing of a pre-trial brief but only
require attendance at a pre-trial
conference to consider the matters
stated in Sec. 1, Rule 118. (Sec. 2,
Rule 118)
Referral Of Some Cases For Court Annexed second attempt, the mediator-judge must turn over
Mediation And Judicial Dispute Resolution the case to another judge (a new one by raffle or
nearest/pair judge) who will try the unsettled case.
After pre-trial and, after issues are joined, the court
shall refer the parties for mandatory court-annexed Third Stage: During the appeal where covered
mediation. (Rule 18, Sec. 8). cases are referred to the PMC-Appeals Court
Mediation (ACM) unit for mediation
The diversion of pending court cases both to
Court-Annexed Mediation (CAM) and to Judicial Court-Annexed Mediation
Dispute Resolution (JDR) is plainly intended to Section 8 under the Amended Rules: CAM is a
put an end to pending litigation through a mediation presided over by an accredited
compromise agreement of the parties and mediator. (A.M. No. 11-1-6-SC-PHILJA)
thereby help solve the ever-pressing problem of
court docket congestion. (A.M. No. 11-1-6-SC- When Conducted
PHILJA). After the pretrial and, after issues are joined, the
court shall refer the parties for mandatory CAM.
Three Stages of Diversion
Court Diversion is a three-stage process The period for CAM shall not exceed thirty (30)
calendar days, without further extension.
First Stage: Court-Annexed Media (CAM), where
the judge refers the parties to the Philippine Thus, under the amended rule, it is clear that pre-
Mediation Center (PMC) for the mediation of their trial proper shall first proceed. Thereafter, the case
dispute by trained and accredited mediators shall be referred to CAM and the proceedings in
CAM cannot exceed 30 calendar days. (Rule 18,
Second Stage: Judicial Dispute Resolution (JDR), Sec. 8).
the JDR judge sequentially becomes a mediator-
conciliator-early neutral evaluator in a continuing
effort to secure a settlement. Still failing that
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BAR OPERATIONS 2020 REMEDIAL LAW
CAM Procedure (A.M. No. 11-1-6-SC-PHILJA) If Settlement is Reached in CAM (A.M. No. 11-
1. Judge shall issue an order of mediation, 1-6-SC-PHILJA)
requiring the parties to appear before the 1. Draft a compromise agreement which shall be
concerned PMC Unit Staff submitted the court
i. Order may include a warning that sanctions 2. Where compliance is forthwith made, the parties
may be imposed for non-compliance shall instead submit a satisfaction of claims or
2. Individual parties are required to personally a mutual withdrawal, thereafter, the court shall
appear for mediation. order a dismissal
3. Corporation, partnership, or other juridical
entities shall be represented by a ranking If Partial Settlement is Reached in CAM (A.M.
corporate officer fully authorized by a Board No. 11-1-6-SC-PHILJA)
Resolution. 1. Parties shall submit the terms thereof with
4. Parties shall proceed to select a mutually appropriate action of the court, without waiting
acceptable mediator, who shall then start with for resolution of the unsettled part
the mediation process 2. With regard to the unsettled part, the court shall
i. Mediator – He shall be an officer of the court proceed to conduct JDR proceedings
while performing his duties as such or in
connection therewith Judicial Dispute Resolution
5. Initial Conference – Mediator shall explain to JDR is a mediation presided over by the judge.
both parties the mediation process, stressing (A.M. No. 11-1-6-SC-PHILJA)
the benefits of an early settlement
6. Mediator may hold separate caucuses to When Conducted
determine real interests. Only if the judge of the court to which the case was
7. Mediator shall not record the proceedings of the originally raffled is convinced that settlement is
joint conferences or separate caucuses. No still possible, the case may be referred to another
transcript or minutes; no personal notes. court for judicial dispute resolution. JDR shall be
Should such exist, it shall not be admissible as conducted within a non-extendible period of
evidence. fifteen (15) calendar days from notice of failure of
8. If not settled – refer back to the judge. the court annexed mediation (Rule 18, Sec. 9).
Under the Consolidated and Revised Guidelines to Under the Consolidated and Revised Guidelines to
Implement the Expanded Coverage of Court- Implement the Expanded Coverage of Court-
Annexed Mediation and Judicial Dispute Annexed Mediation and Judicial Dispute
Resolution, A.M. No. 11-1-6-SC-PHILJA, an Resolution, A.M. No. 11-1-6-SC-PHILJA, first level
extended period of another 30 days may be courts had a period of 30 days will second level
granted by the court, upon motion filed by the courts had 60 days, to conduct JDR. A longer
Mediator, with the conformity of the parties. It period could be granted upon the discretion of the
appears that this will no longer apply as the rule JDR judge if there is high probability of settlement
categorically states that the mediation shall not and upon joint written motion of the parties. Now,
exceed 30 calendar days without further with the amendment, the period is shortened, and
extension. it is non-extendible.
Failure to Appear in CAM Cases Subject to Mediation for CAM & JDR
Non-appearance in CAM is deemed as non- 1. All civil cases
appearance at the pre-trial. (Rule 18, Sec. 3). 2. Settlement of estates
3. Cases covered by the Summary Procedure,
except:
i. Traffic violations
ii. Violation of municipal or city ordinances
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4. Cases cognizable by the Lupong impartial evaluation of the chances of each

Tagapamayapa party’s success.
5. Civil aspect of BP22 (bouncing checks) cases 5. On the basis of the evaluation, the judge
6. Civil aspect of quasi-offenses persuades the parties to a fair and mutually
7. Civil aspect of estafa and libel acceptable settlement.
8. Civil aspect of theft 6. Cases may be referred to JDR even during the
9. Civil aspect of less grave offenses punishable trial stage upon written motion of one or both
by correctional penalties not exceeding 6 years parties indicating willingness to discuss a
imprisonment, where the offended person is a possible compromise. (A.M. No. 11-1-6-SC-
private person PHILJA)
10. All civil cases and probate proceedings, testate
or intestate, brought on appeal from the original If Settlement is reached in JDR (A.M. No. 11-1-
jurisdiction of first level courts 6-SC-PHILJA)
11. All cases of forcible entry and unlawful detainer 1. Drafting of compromise agreement w/ the
brought on appeal from the exclusive and assistance of their lawyers
original jurisdiction of first level courts 2. Prior to the signing, the JDR judge may opt to
12. All cases involving title to or possession of real explain the contents of the agreement.
property or an interest therein brought on 3. Signing of the compromise agreements and the
appeal from the exclusive and original filing of a joint motion to approve the
jurisdiction of first level courts compromise.
13. All habeas corpus cases decided by the first 4. Judge renders a judgment based on
level courts in the absence of the RTC judge, compromise.
that are brought on appeal. 5. Copy of the judgment is sent to the Phil.
(A.M. No. 11-1-6-SC-PHILJA) Mediation Center for statistical purposes.
Cases Not Subject to Mediation for CAM & JDR Failure to Appear in JDR
(A.M. No. 11-1-6-SC-PHILJA) Non-appearance in JDR is deemed as non-
1. Civil Cases which by law cannot be appearance at the pre-trial. (Rule 18, Sec. 3).
compromised (Art. 2035, New Civil Code)
2. Other criminal cases Failure to Reach Settlement in JDR
3. Habeas corpus petitions If there is no full or partial settlement reached in
4. All cases under RA 9262 (VAWC) the JDR, the judge presiding in the JDR shall turn
5. Cases with pending application for Restraining over the case to the trial judge, determined by re-
Orders/Preliminary Injunctions raffle in multiple sala courts or to the originating
court in single sala courts, as the case may be, to
JDR Procedure: (A.M. No. 11-1-6-SC-PHILJA) conduct pre-trial proper (XII, A.M. No. 11-1-6-SC-
This part will be handled by the JDR judge (who is PHILJA)
different from the trial judge).
1. JDR judge briefs the parties and counsels of the Note that judicial affidavit shall be submitted 5
CAM and JDR processes. days prior the pre-trial.
2. All incidents and motions filed during the first
stage shall be dealt with by the JDR judge. If JDR fails, trial before the original court shall
3. As mediator and conciliator, the judge facilitates proceed on the dates agreed upon. (Rule 18, Sec.
the settlement discussion between the parties 9)
and tries to reconcile their differences.
4. As a neutral evaluator, the judge assesses the
relative strengths and weaknesses of each
party’s case and makes a non-binding and
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Judgment After Pre-Trial

AM NO. 01- 2019
10-5-SC- AMENDMENT The court shall motu proprio include in the pre-trial
PHILJA S order that the case be submitted for summary
Mandatory – Discretionary – judgment or judgment on the pleadings,
after CAM, after CAM, without need of position papers or memoranda,
parties are parties are should there/it be:
immediately referred to 1. No more controverted facts;
Nature referred to JDR if judge is 2. No more genuine issue as to any material fact;
JDR for convinced that 3. Absence of an issue; or
settlement settlement is 4. That the answer fails to tender an issue.
possible This is without prejudice to a party moving for
Confidential Confidential judgment on the pleadings or summary judgment.
Judge of court Judge of
where case another court In such cases, judgment shall be rendered within
was originally within the ninety (90) calendar days from termination of the
raffled same pre-trial.
jurisdiction
Conducted The order of the court to submit the case for
JDR judge
by judgment pursuant to this Rule shall not be the
acts as JDR judge acts
mediator- as mediator- subject to appeal or certiorari. (Rule 18, Sec.
conciliator – conciliator – 10)
early neutral early neutral
evaluator evaluator
First level Non-
courts – 30 extendible
K. INTERVENTION
days period of 15 Nature of Intervention
Period Second level calendar days
Intervention is a remedy by which a third party,
courts – 60 counted from
who is not originally impleaded in a proceeding,
days notice of failure
becomes a litigant for purposes of protecting his or
of CAM
her right or interest that may be affected by the
Parties submit Parties submit proceedings. (Neptune Metal Scrap Recycling,
a compromise a compromise Inc. v. Manila Electric Co., G.R. No. 204222, July
agreement to agreement to 4, 2016).
the court, for the court, for
Successful approval. approval. Its main purpose is to settle in one action and by a
JDR Court to issue Court to issue single judgment all conflicting claims of, or the
judgment judgment whole controversy among, the persons involved.
based on based on (Office of the Ombudsman vs. Maximo Sison, G.R.
compromise compromise 185954, Feb. 16, 2010)
agreement agreement
If JDR fails, JDR is A complaint-in-intervention can’t be treated as an
JDR is terminated and independent action as it is merely ancillary to and
terminated and case is a supplement upon the principal action. The
Failed case is re- referred back complaint-in-intervention essentially latches on
JDR raffled to to court of the complaint for its legal efficacy so much so that
another court origin to the dismissal of the complaint leads to its
to proceed proceed to trial concomitant dismissal. (Sta. Rita Co v. Angeline
with pre-trial Gueco, G.R. 193087, 2013),
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resolve. There is no longer anything that would

Although as a rule, when the main action ceased aﬀect the petitioner's alleged right. Thus, as far as
to exist, there is no pending proceeding whereon its intervention is concerned, it no longer has any
the intervention may be based. In the case at bar, standing. (Express Telecommunications Co., Inc.
however, there was no such final or complete v. AZ Communications, Inc. Clemente v. Status
dismissal but rather an approval of a compromise Maritime Corp, G.R. No. 196902, 2020)
agreement which was embodied in what was
specifically designated as a 'Partial Decision' Subject to Discretion of the Court
affecting only the interests of herein petitioner and The court shall consider whether or not the
the defendant in said case but not those of her co- intervention will unduly delay or prejudice the
plaintiff municipality and the intervenor. (Camacho adjudication of the rights of the original parties,
v. CA, G.R. No. 79564, Nov. 24, 1989). and whether or not the intervenor's rights may be
fully protected in a separate proceeding. (Sec. 1,
Who May Intervene Rule 19).
The following persons may intervene:
1. Those having a legal interest in the matter in The trial court must not only determine if the
litigation; requisite legal interest is present, but also take into
2. Those having legal interest in the success of consideration the delay and the consequent
either of the parties; prejudice to the original parties that the
3. Those having an interest against both parties; intervention will cause. Both requirements must
or concur, as the first requirement on legal interest is
4. A party that is so situated as to be adversely not more important than the second requirement
affected by a distribution or other disposition of that no delay and prejudice should result. To help
property in the custody of the court or of an ensure that delay does not result from the granting
officer thereof. (Sec. 1, Rule 19). of a motion to intervene, the Rules also explicitly
say that intervention may be allowed only before
Legal Interest rendition of judgment by the trial court. (Lorenza C.
The interest contemplated by law must be actual, Ongco vs Valeriana Ungco Dalisay, G.R. No.
substantial, material, direct and immediate, and 190810, Jul. 18, 2012).
not simply contingent or expectant. It must be of
such direct and immediate character that the Pleadings-in-intervention
intervenor will either gain or lose by the direct legal If the purpose of the motion for intervention is to
operation and effect of the judgment. (Asia's assert a claim against either or all of the original
Emerging Dragon Corp. v. Department of parties, the pleading shall be called a
Transportation and Communications, G.R. Nos. COMPLAINT-IN-INTERVENTION. Meanwhile, if
169914 & 174166, Mar. 24, 2008) the purpose is to unite with the defending party in
resisting a claim against the latter, the pleading is
A law firm whose services were unjustly called an ANSWER-IN-INTERVENTION. (Rule
terminated was allowed to intervene in the case 19, Sec. 3)
despite the compromise agreement between the
parties. (Czarina Malvar v. Kraft Foods, G.R. Procedure for Intervention
183952, 2013) 1. The motion for intervention must be filed before
judgment (Sec. 2, Rule 19);
Motion to Intervene Improper When Case is 2. A copy of the pleading-in-intervention shall be
Already Moot attached to the motion and served on the
Motion to intervene is improper when the case is original parties. (Sec. 2, Rule 19).
already moot. A case is moot when a supervening 3. The answer to the complaint-in-intervention
event has terminated the legal issue between the shall be filed within 15 calendar days from the
parties, such that this Court is left with nothing to notice of the order admitting the complaint-in-
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intervention, unless otherwise fixed by the controversy or cause of action, are generally not
court. (Sec. 4, Rule 19). reviewable. The only exception is a limited one, in
that when there is no plain, speedy, and adequate
1. REQUISITES FOR INTERVENTION remedy, and where it can be shown that the court
acted without, in excess, or with such grave abuse
Requisites for Intervention of discretion that such action ousts it of jurisdiction.
The intervention shall be allowed when: Thus, certiorari may lie. (E.I. Dupont De Nemours
1. A person has legal interest: and Co. v. Francisco, G.R. No. 174379, Aug. 31,
a. In the matter in litigation; 2016).
b. In the success of any of the parties;
c. An interest against the parties; or
d. He is so situated as to be adversely affected
by a distribution or disposition of property in L. SUBPOENA
the custody of the court or an officer thereof.
(Rule 19, Sec. 1, Mactan-Cebu International 1. SUBPOENA DUCES TECUM
Airport Authority v. Heirs of Miñoza, G.R.
No. 186045, Feb. 2, 2011) It is a process directed to a person requiring him
2. The intervention will not unduly delay or to bring with him or her books, documents, or other
prejudice the adjudication of the rights of the things under his or her control at a scheduled
original parties; and hearing (Sec. 1, Rule 21).
3. The intervenor’s rights may not be fully
protected in a separate proceeding. Tests for a Valid Subpoena Duces Tecum
(Asia's Emerging Dragon Corp. v. Department of In determining whether the production of the
Transportation and Communications, G.R. documents described in a subpoena duces tecum
Nos. 169914 Mar. 24, 2008). should be enforced by the court, it is proper to
consider:
2. TIME TO INTERVENE 1. Whether the subpoena calls for the production
of specific documents, or rather for specific
General Rule: The motion to intervene may be proof (test of definiteness); and
fied at any time before rendition of judgment by 2. Whether that proof is prima facie sufficiently
the trial court. (Sec. 2, Rule 19). relevant to justify enforcing its production (test
of relevancy). (FERIA, 2013, p. 578 citing
Exceptions: Liebenow v. Philippine Vegetable Oil Co., G.R.
1. With respect to indispensable parties, No. 13463, Nov. 9, 1918).
intervention may be allowed even on appeal.
2. When the intervenor is the Republic. 2. SUBPOENA AD TESTIFICANDUM
3. Where intervention is necessary to protect some
interest which cannot otherwise be protected, A process directed to a person, requiring him or
and for the purpose of preserving the her to attend and to testify at a hearing or trial of
intervenor’s right to appeal. (FERIA, 2013, p. an action, or at any investigation conducted by a
572). competent authority, or for the taking of his or her
deposition (Sec. 1, Rule 21).
3. REMEDY OF DENIAL OF MOTION TO
INTERVENE The subpoena duces tecum is like the ordinary
subpoena ad testificandum with the exception that
Intervention results in an interlocutory order it concludes with an injunction that the witness
ancillary to a principal action. Its grant or denial is shall bring with him and produce at the
subject to the sound discretion of the court. examination the books, documents, or things
Interlocutory orders, or orders that do not make a described in a subpoena. (Roco v Contreras, G.R.
final disposition of the merits of the main 158275, Jun. 28, 2005).
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The clerk shall not, however, issue a

Absent any proceedings, suit, or action subpoena duces tecum to any such person
commenced or pending before a court, a without an order of the court. (Sec. 5, Rule 21).
subpoena may not issue (Collado v. Bravo, A.M.
P-99-1307, Apr. 10, 2001). Form and Contents of a Subpoena
A subpoena:
Personal Appearance in Court 1. Shall state the name of the court and the title of
A person present in court before a judicial officer the action or investigation;
may be required to testify as if he or she were in 2. Shall be directed to the person whose
attendance upon a subpoena issued by such court attendance is required; and
or officer. (Sec. 7, Rule 21). 3. In a subpoena duces tecum, it shall contain a
reasonable description of the books, documents or
3. SERVICE OF SUBPOENA things demanded which must appear to the court
prima facie relevant. (Sec. 3, Rule 21).
Who May Issue a Subpoena
A subpoena may be issued by: How Subpoena is Served
1. The court before whom the witness is required Service of subpoena shall be made:
to attend; 1. In the same manner as personal or
2. The court of the place where the deposition is to substituted service of summons;
be taken; 2. The original must be exhibited, and a copy
3. The officer or body authorized by law to issue a delivered to the person on whom it is served;
subpoena in connection with investigations 3. Service must be made as to allow the witness
conducted by said officer of body; or a reasonable time for preparation and travel
4. Any justice of the Supreme Court or of the Court to the place of attendance; and
of Appeals in any case or investigation pending 4. Costs for court attendance and production
within the Philippines. (Sec. 2, Rule 21). of documents and other materials subject of the
subpoena shall be tendered or charged
Service of Subpoena to Prisoners accordingly. (Sec. 6, Rule 21).
Before a subpoena is issued to compel a prisoner
to testify, the judge or officer shall examine and The failure of a server to pursue substituted
study carefully the application if it is for a valid service after a frustrated attempt to personally
purpose. (Id.).
serve the complainant a copy of the subpoena
constitutes simple neglect of duty. (Macaspec v.
If the prisoner is sentenced to death, reclusion Flores, A.M. No. P-05-2072, Aug. 13, 2008).
perpetua or life imprisonment and is confined in
any penal institution, he shall not be brought 4. COMPELLING ATTENDANCE OF
outside the penal institution for appearance or WITNESSES; CONTEMPT
attendance in any court unless authorized by the
Supreme Court. (Id.). Warrant of Arrest to Compel Witness to Appear
The court which issued the subpoena may issue a
Subpoena for Depositions warrant to the sheriff to arrest the witness and
Proof of service of a notice to take a deposition, as bring him before the court or officer upon proof of:
provided in Sections 15 and 25 of Rule 23, shall 1. Service of the subpoena to the witness; and
constitute sufficient authorization for the issuance 2. Failure of the witness to attend. (Sec. 8, Rule
of subpoenas for the persons named in said notice 21).
by the clerk of the court of the place in which the
deposition is to be taken.
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The cost of such warrant and seizure of such 2. Witness is a detention prisoner and there was
witness shall be paid by the witness if the court no permission obtained from the court in which
issuing it shall determine that: the case is pending (Sec. 10, Rule 21).
1. The witness’s failure to answer the subpoena
was willful; and 5. QUASHING A SUBPOENA
2. He has no just excuse for such failure. (Id.).
Quashing a Subpoena Duces Tecum
Note that the above is only applicable for a To quash a subpoena duces tecum, the following
subpoena ad testificandum and not subpoena must be met:
duces tecum. (Id.). 1. A proper motion must be filed with the court;
2. The motion must be promptly made before or at
A judge may issue a warrant of arrest against a the time specified in the subpoena; and
witness simply upon proof that the subpoena had 3. The quashal must be based on the following
been served upon him but he failed to attend the grounds:
hearing. The purpose is to bring the witness before a. The subpoena is unreasonable and
the court where his attendance is required, not to oppressive;
punish him for contempt which requires a previous b. The relevancy of the books, documents, or
hearing. (Pagdilao, Jr. v. Angeles, A.M. No. RTJ- things sought to be produced does not
99-1467, Aug. 5, 1999). appear;
c. The person in whose behalf the subpoena
Punishment for Failure to Obey Subpoena was issued failed to advance the
If a subpoena issued by a court and duly served reasonable cost of the production; or
is disobeyed without adequate cause, his or her d. The person in whose behalf the subpoena
failure to obey shall be deemed contempt of court. was issued failed to tender witness fees and
(Sec. 9, Rule 21). kilometrage. (Sec. 4, Rule 21).
If a subpoena is not issued by the court, the Only a subpoena duces tecum may be quashed
disobedience thereto shall be punished in on the ground that it is oppressive or unreasonable
accordance with the applicable law or Rule. (Id.). because it has a tendency to infringe on the right
to privacy. (Lee v. CA, G.R. No. 177861, Jul. 13,
Note that this applies to both types of subpoenas 2010).
(Id.).
Quashing a Subpoena Ad Testificandum
Only a judicial officer and quasi-judicial officer To quash a subpoena ad testificandum, the
specifically authorized by law can exercise the following must be met:
power of contempt in relation to subpoena. 1. A proper motion must be filed with the court;
(Nazareno v. Barnes, G.R. No. 59072, Apr. 25, 2. The motion must be promptly made before or at
1984). the time specified in the subpoena; and
3. The quashal must be based on the following
Exceptions from Arrest or Punishment for grounds:
Disobedience: a. The witness is not bound thereby; or
The arrest, contempt, or any other punishment by b. The person in whose behalf the subpoena
any law or Rule shall not apply when: was issued failed to tender witness fees and
1. Witness resides more than 100 km away from kilometrage. (Sec. 4, Rule 21).
the place where he is to testify.
This applies only to civil and not to criminal
cases (Genorga v Quitain, AM No CFI -891,
Jul. 21, 1977; Rule 119, Sec. 14; & Rule 115,
sec. 1 par. (g)).
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Summary of Grounds for Quashal of Subpoena Effect of Interruption

SUBPOENA DUCES SUBPOENA AD If an act was done which interrupts the running of
TECUM TESTIFICANDUM the period, the allowable period after such
It is unreasonable and The witness is not interruption shall start to run on the day after
oppressive bound by such notice of the cessation of the cause thereof.
Relevancy of the subpoena (Sec. 2, Rule 22).
books, documents or
things does not The day of the act that caused the interruption
appear shall be excluded in the computation of the
When the witness fees and kilometrage allowed period. (Id.).
by the Rules were not tendered when the
subpoena was served N. MODES OF DISCOVERY
Purpose of Rules of Discovery

The broad purpose of discovery procedures is to
M. COMPUTATION OF TIME permit mutual knowledge before trial of all relevant
facts gathered by both parties so that either party
How to Compute Time may compel the other to disgorge facts whatever
In computing any period of time prescribed or he has in his possession. In the practical sense,
allowed by these Rules, or by order of the court, or the modes of discovery are designed to serve as
by any applicable statute, the following rules shall an additional device for settlement aside from a
be followed: pre-trial. (RIANO, 2019, p.479).
1. The day of the act or event from which the
designated period of time begins to run is to be Modes of Discovery Under the Rules of Court
excluded; The following are the modes of discovery under
2. The date of performance included; and the Rules of Court:
3. The last day of the period shall not run until the 1. Depositions pending action (Rule 23);
next working day if it falls on: 2. Depositions before action or pending appeal
a. Saturday; (Rule 24);
b. Sunday; or 3. Interrogatories to parties (Rule 25);
c. A legal holiday (Sec. 1, Rule 22). 4. Admission by adverse party (Rule 26);
5. Production or inspection of documents or things
Section 1, Rule 22 provides that when the last day (Rule 27);
on which a pleading is due falls on a Saturday, 6. Physical and mental examination of persons
Sunday, or legal holiday, time shall not run until the (Rule 28);
next working day. This rule speaks only of "the last
day of the period," so that when a party seeks an Discovery Still Applies Even if Motion For Bill
extension and the same is granted, the due date of Particulars Was Denied
ceases to be the last day and hence, the provision That the matters on which discovery is desired are
no longer applies. Any extension of time to file the the same matters subject of a prior motion for bill
required pleading should therefore be counted of particulars and denied for lack of merit is beside
from the expiration of the original period the point. A bill of particulars may elicit
regardless of the fact that said due date is a only ultimate facts, not evidentiary facts. The latter
Saturday, Sunday or legal holiday. (Reinier Pacific are without doubt a proper subject of discovery.
International Shipping, Inc. v. Guevarra, G.R. No. (Republic v. Sandiganbayan, G.R. No. 90478,
157020, Jun. 19, 2013). 1991).
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Order Requiring the Availment of Modes of depositions may be taken only by leave and under
Discovery such terms of the court. (Sec. 1, Rule 23).
Trial courts are directed to issue orders requiring
parties to avail of interrogatories to parties under Note: the 2019 Amendments deleted the phrase
Rule 25 and request for admission of adverse “By leave of court after jurisdiction has been
party under Rule 26 or other measures under obtained over any defendant or over property
Rules 27 and 28 within five days from filing of the which is the subject of the action, or without such
answer. leave after an answer has been served…” Thus,
the requirement of leave of court is now replaced
The parties are likewise required to submit, at least with an ex parte motion.
3 days before the pre-trial, pre-trial brief,
containing among others a manifestation of the For depositions before action, the testimonies of
parties having of their having availed or their the following may be taken by deposition:
intention to avail themselves of discovery a. Any person who wants to perpetuate his/her
procedures or referral to commissioners. (A.M. No. own testimony; or
03-01-09-SC). b. Any person who wants to perpetuate the
testimony of another person.
1. DEPOSITIONS PENDING ACTION; Such person may perpetuate his/her testimony or
DEPOSITIONS BEFORE ACTION OR that of another by filing a verified petition in the
PENDING APPEAL court of the place of the residence of any expected
adverse party. (Sec. 1, Rule 24)
a. Meaning Of Deposition
A non-resident foreign corporation may request for
Deposition
depositions, whether oral or written. (San Luis v.
A deposition is the testimony of a witness taken
Rojas, G.R. No. 159127, 2008).
upon oral question or written interrogatories, not in
open court, but in pursuance of a commission to
Before Whom Taken
take testimony issued by a court, or under a
No deposition shall be taken before:
general law or court rule on the subject, and
a. A person who is a relative within the sixth
reduced to writing and duly authenticated, and
degree of consanguinity or affinity of any of the
intended to be used in preparation and upon the
parties;
trial of a civil or criminal prosecution. (People vs.
b. An employee or counsel of any of the parties;
Webb, G.R. No. 176389, 1999).
c. An employee or relative of such counsel within
the same degree in no. 1; and
It is a testimony of a witness, taken in writing,
d. A person financially interested in the action.
under oath or affirmation, before some judicial
(Sec. 13, Rule 23).
officer in answer to questions or interrogatories.
(People v. Webb, G.R. No. 132577, 1999).
Within the Philippines, depositions may be taken
before:
It is a way for either party to compel the other to
a. Any judge;
disgorge whatever facts he has in his possession.
b. A notary public; or
(Republic v. Sandiganbayan, G.R. No. 90478,
c. If the parties so stipulate in writing, before any
1991).
person authorized to administer oaths. (Rule
23, Secs. 10 and 14).
From Whom And When Depositions Taken
For depositions pending action or appeal, the
testimony of any person, whether a party or not,
may be taken by deposition upon ex parte motion
of a party. For persons confined in prison, their
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Outside the Philippines, depositions may be taken LETTERS

COMMISSION
before: ROGATORY
a. A secretary of an embassy or legation, consul Methods of procedure Taken in accordance
general, consul, vice-consul, or consular agent are under the control with the rules laid
of the Republic of the Philippines; of the foreign tribunal. down by the court
b. Such person or officer as may be appointed by issuing the
commission or letters rogatory; or commission.
c. If the parties so stipulate in writing, before any
person authorized to administer oaths. (Rule
23, Secs. 10 and 14). (Dulay v. Dulay, G.R. No. 158857, 2005).
That neither the presiding judge nor the parties will Effect of Taking and Using Deposition
be able to personally examine and observe the General Rule: A party shall not be deemed to
conduct of a deponent does not justify denial of the make a person his/her own witness for any
right to take deposition. This objection is common purpose by taking his/her deposition (Rule 23,
to all depositions. Allowing this reason will render Sec. 7).
nugatory the provisions in the Rules of Court that Exception: When the deposition is introduced in
allow the taking of depositions. The parties may evidence, then he/she will be deemed to have
also well agree to take deposition by written made the deponent his/her witness. (Rule 23, Sec.
interrogatories to afford petitioners the opportunity 8)
to cross-examine. (Santamaria v. Cleary, G.R. Exception to the exception: The exception will not
Nos. 197122 &197161, June 15, 2016). apply if the deposition used is that of an opposing
party or the deposition is used to impeach or
A commission or letters rogatory shall be issued contradict the deponent i.e., the deponent is still
only: not a witness of the party taking the deposition.
1. When necessary or convenient;
2. On application or notice; and While depositions may be used as evidence in
3. On such terms as may be just and appropriate. court proceedings, they are generally not meant to
(Rule 23, Sec. 12). be a substitute for the actual testimony in open
court of a party or witness. A deposition is not to
LETTERS be used when the deponent is at hand. (Sales v.
COMMISSION
ROGATORY Sabino, G.R. No. 133154, 2005).
An instrument sent in An instrument issued
the name and by the by a court of justice or Oral Depositions
authority of a judge or other competent A party desiring to take the deposition of any
court to another, tribunal, to authorize a person upon oral examination shall:
requesting the latter to person to take 1. Give reasonable notice in writing to every other
cause to be examined, depositions, or do any party to the action;
upon interrogatories other act by authority 2. The notice shall state the time and place for
filed in a case before of such court or taking the deposition and the name and
the former, a witness tribunal (Dasmarinas address of each person to be examined, if
who is within the Garments, Inc. vs. known;
jurisdiction of the Reyes, G.R. No. 3. And if the name is not known, a general
judge where the letters 108229, 1993). description sufficient to identify him or the
are addressed. particular class or group to which he belongs.
On motion of any party upon whom the notice is

served, the court may for cause shown enlarge or
shorten the time (Rule 23, Sec. 15).
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Process of Deposition depositions, the case must partake of the nature

1. The officer before whom the deposition is to be of a criminal proceeding. The fact that there are
taken shall put the witness on oath and shall two criminal cases pending which are allegedly
personally, or by anyone authorized in his based on the same set of facts as that of this civil
presence, record the testimony of the witness. case will not give them the right to refuse to take
(Rule 23, Sec.17); the witness stand and to give their depositions.
2. The testimony shall be taken stenographically. Hence, like an ordinary witness, they can invoke
(Rule 23, Sec. 17); the right against self-incrimination only when the
3. All objections made at the time of the incriminating question is actually asked of them.
examination to the qualifications of the officer (Rosete v. Lim G.R. No. 136051, Jun. 8, 2006).
or on any matters regarding the proceedings
shall be merely NOTED by the officer upon the Depositions By Written Interrogatories
deposition. (Rule 23, Sec. 17); A deposition need not be conducted through oral
4. When the testimony is fully transcribed, the examination. It may be conducted through written
deposition shall be submitted to the witness for interrogatories. (Rule 23, Sec. 1).
examination and shall be read to or by him,
unless waived and the witness will then sign the A party desiring to take the deposition of any
deposition. (Rule 23, Sec. 19); person upon written interrogatories shall serve
5. If the deposition is not signed by the witness, the them upon every other party with a notice stating:
officer shall sign it and state on record the 1. The name and address of the person who is
reason of non-signing. (Rule 23, Sec. 19); to answer them;
6. The officer shall certify on the deposition that the 2. The name or descriptive title and address of the
witness was duly sworn by him and that the officer before whom the deposition is to be
deposition is a true record of the testimony taken. (Rule 23, Sec 25).
given by the witness. He shall then securely
seal the deposition in an envelope with the title A copy of the notice and copies of all
of the action and marked as a deposition and interrogatories served shall be delivered by the
shall promptly file it to the court and shall party taking the deposition to the officer
promptly file if with the court in which the action designated in the notice, who shall proceed
is pending or send it by registered mail to the promptly, to take the testimony of the witness in
clerk thereof for filing. (Rule 23, Sec. 20); and response to the interrogatories. (Rule 23, Sec. 26).
7. The officer taking the deposition shall give
prompt notice of its filing to all the parties. (Rule It shall also be the duty of the officer designated to
23, Sec. 21) prepare, certify, and file or mail the deposition,
attaching thereto the copy of the notice and the
When the deposition was taken inside the interrogatories received by him or her. (Rule 23,
courtroom by the clerk of court in the presence of Sec. 26).
the parties and their lawyers, and the entire
proceedings was transcribed by the When a deposition upon interrogatories is filed, the
stenographers of the court, the requirements that officer taking it shall promptly give notice thereof
the deposition has to be sealed, examined and to all the parties and may furnish copies to them or
signed by the deponent, and also certified, sealed to the deponent upon payment of reasonable
and signed by the deposition officer would be, to charges therefor. (Rule 23, Sec. 27).
the mind of the court, already superfluous. (Ayala
Land Inc. v. Tagle, G.R. No. 153667 Aug. 11, Within ten (10) calendar days thereafter, a party so
2005). served may serve cross-interrogatories upon the
party proposing to take the deposition. Within five
In order for petitioners to exercise the right to (5) calendar days thereafter the latter may serve
refuse to take the witness stand and to give their
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redirect interrogatories upon a party who has The court in which the action is pending or the
served cross-interrogatories. (Rule 23, Sec. 25). Regional Trial Court of the place where the
deposition is being taken may order the officer
Within three (3) calendar days after being served conducting the examination to:
with redirect interrogatories, a party may serve a. Cease forthwith from taking the deposition; or
recross-interrogatories upon the party proposing b. May limit the scope and manner of the taking of
to take the deposition. (Rule 23, Sec. 25). the deposition, as provided in Section 16 of this
Rule.
Orders for Protection of Parties and Deponents
After notice is served for taking a deposition by If the order made terminates the examination, it
oral examination, upon motion seasonably made shall be resumed thereafter only upon the order of
by any party or by the person to be examined and the court in which the action is pending.
for good cause shown, the court in which the
action is pending may make the following Upon demand of the objecting party or
orders: deponent, the taking of the deposition shall be
a. That the deposition shall not be taken; suspended for the time necessary to make a
b. That the deposition may be taken only at some notice for an order. In granting or refusing such
designated place other than that stated in the order, the court may impose upon either party or
notice; upon the witness the requirement to pay such
c. That the deposition may be taken only on costs or expenses as the court may deem
written interrogatories; reasonable. (Rule 23, Sec 18).
d. That certain matters shall not be inquired into;
e. That the scope of the examination shall be held NOTE: This is the remedy DURING the taking of
with no one present except the parties to the deposition)
action and their officers or counsel;
f. That after being sealed the deposition shall be After the service of the interrogatories and prior
opened only by order of the court; to the taking of the testimony of the deponent,
g. That secret processes, developments, or the court in which the action is pending, on motion
research need not be disclosed; or promptly made by a party or a deponent, and for
h. That the parties shall simultaneously file good cause shown, may make any order specified
specified documents or information enclosed in in Sections 15, 16 and 18 of this Rule which is
sealed envelopes to be opened as directed by appropriate and just or an order that the deposition
the court. shall not be taken before the officer designated in
the notice or that it shall not be taken except upon
The court may make any other order which justice oral examination. (Rule, 23, Sec 28)
requires to protect the party or witness from
annoyance, embarrassment, or oppression. (Rule NOTE: This is the remedy for BEFORE the taking
23, Sec 16) of DEPOSITION THROUGH WRITTEN
INTERROGATORIES
NOTE: This is the remedy BEFORE taking the
deposition A plain reading of this provision shows that there
are two (2) requisites before a court may issue a
At any time during the taking of the deposition, on protective order:
motion or petition of any party or of the deponent 1. There must be notice; and
and upon a showing that: 2. The order must be for good cause shown.
a. The examination is being conducted in bad faith; (Santamaria v. Cleary, G.R. Nos. 197122
or &197161, Jun. 15, 2016).
b. In such manner as unreasonably to annoy,
embarrass, or oppress the deponent or party.
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Depositions in Civil vs. Criminal Proceedings written interrogatories is in order. (People v.

1. The procedure under Rule 23 to 28 of the Rules Sergio, G.R. No. 240053, October 9, 2019).
of Court allows the taking of depositions in civil
cases, either upon oral examination or written b. Uses And Scope Of Examination
interrogatories, before any judge, notary public
or person authorized to administer oaths at any Use of Depositions
time or place within the Philippines; or before The deposition may be used for the following
any Philippine consular official, commissioned purposes:
officer or person authorized to administer oaths 1. For the purpose of contradicting or impeaching
in a foreign state or country, with no additional the testimony of the deponent as witness by
requirement except reasonable notice in writing any party;
to the other party. 2. If the deponent is a party or anyone who was at
2. For purposes of taking the deposition in criminal the time of the deposition was an officer,
cases, more particularly of a prosecution director, or managing agent of a public or
witness who would foreseeably be unavailable private corporation, partnership or association
for trial, the testimonial examination should be which is a party, his/her deposition can be used
made before the court, or at least before the by an adverse party for any purpose.
judge, where the case is pending as required 3. If the deponent is a witness, whether or not a
by the clear mandate of Section 15, Rule 119 party to the case, his/her deposition may be
of the Revised Rules of Criminal Procedure. used by any party for any purpose if the court
(Go v. People, G.R. No. 185527, 2012). finds that:
a. The witness is dead; or
Suppletory Application of Rule on Depositions b. The witness resides at a distance more than
in Criminal Cases one hundred (100) kilometers from the
In one case, the prosecution’s witness (Mary Jane) place of trial or hearing, or is out of the
is neither too sick nor infirm to appear at the trial Philippines (UNLESS it appears that his/her
nor has to leave the Philippines indefinitely. To absence was procured by the party offering
recall, Mary Jane is currently imprisoned in the deposition); or
Indonesia for having been convicted by final c. The witness is unable to attend or testify
judgment of the crime of drug trafficking, a grave because of age, sickness, infirmity or
offense in the said state. Her situation is not akin imprisonment; or
to a person whose limitation of mobility is by d. The party offering the deposition has been
reason of ill-health or feeble age, the grounds cited unable to procure the attendance of the
in Section 15 of Rule 119. Thus, Go v. People witness by subpoena; or
(aforecited case) is not on all fours with this case. e. Upon application and notice, that such
exceptional circumstances exist as to make
Depositions, however, are recognized under Rule it desirable, in the interest of justice to allow
23 of the Rules on Civil Procedure. Although the the deposition to be used.
rule on deposition by written interrogatories is
inscribed under the said Rule, the Court holds that If only part of a deposition is offered in evidence by
it may be applied suppletorily in criminal a party, the adverse party may require him or her
proceedings so long as there is compelling reason. to introduce all of it which is relevant to the part
introduced, and any party may introduce any other
Verily, in light of the unusual circumstances parts. (Rule 23, Sec. 4).
surrounding the instant case, the Court sees no
reason not to apply the provisions of Rule 23 of the
Rules on Civil Procedure in the interest of
substantial justice and fairness. Hence, the taking
of testimony of Mary Jane through a deposition by
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For perpetuation of testimonies before action Objections and Rebuttal of Depositions

(depositions before action), it may be used in any At the trial or hearing, any party may rebut any
action subsequently brought involving the same relevant evidence contained in a deposition
subject matter, provided: whether introduced by him or her or by any other
a. It is taken in accordance with the provisions of party. (Rule 23, Sec. 9). Any reason that would
Rule 25; or require the exclusion of the evidence if the witness
b. If not so taken, it remains admissible in were then present and testifying may be used as a
evidence. (Rule 24, Sec. 6). reason for objection. (Rule 23, Sec. 6).
Effect of Substitutions of Parties All objections made at the time of the examination
The substitution of parties does not affect the right to the qualifications of the officer taking the
to use depositions previously taken. (Rule 23, Sec. deposition, manner of taking it, to evidence
5). presented, conduct of any party and any other
objection to the proceedings shall be NOTED by
When an action is dismissed and another is the officer taking the deposition. (Rule 23, Sec.
subsequently brought, all depositions taken in the 17). The provision does not provide that the officer
former action may be used in the latter action, as has to rule on the objection. (RIANO, p. 486).
if originally taken, provided:
1. The latter action involves the same parties, their However, for the following errors or irregularities in
representatives, or their successors in interest; the depositions, objections must be made under
and the following circumstance:
2. The latter action involves the same subject as a. Errors and irregularities in the notice for taking
that of the former action. (Rule 23, Sec. 5). of the deposition are waived unless written
objection is served;
Against Whom Depositions May Be Used b. The disqualification of the officer before
Any part or all of the deposition, so far as whom it is taken is deemed waived unless
admissible under the rules of evidence, may be made before the taking of the deposition
used: begins or as soon thereafter as the
1. Against any party who was present or disqualification becomes known or could
represented at the taking of the deposition; or be discovered with reasonable diligence;
2. Against one who had due notice of the c. Objections to the competency, relevance, or
deposition. (Rule 23, Sec. 4). materiality of the witness and/or testimony
are not waived when not raised during the
Scope of Examination taking of the deposition unless such ground
The deponent may be examined regarding any have been obviated or removed if presented
matter which is not privileged and which is at that time;
relevant to the subject of the pending action, d. Same rules as above applies to oral
which may include: examinations;
i. Claim or defense of any other party; e. Errors in the manner in which the deposition is
ii. Existence, description, nature, custody, prepared is waived unless a motion to
condition and location of any books, suppress deposition is made. (Rule 23, Sec.
documents, or other tangible things; and 29).
iii. Identity and location of persons having
knowledge of relevant facts. If the ground of the objection is one which might
have been obviated or removed if presented at
c. When May Objections To Admissibility that time, it should be made during the taking of
Be Made the deposition, as otherwise, it will be waived
(Gana vs. Roman Catholic Archbishop of Manila,
43 O.G. 3224).
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d. When The Taking Of Deposition May Be Contents of the Petition

Terminated Or Its Scope Limited 1. That the petitioner expects to be a party to an
action in a court of the Philippines but is
When and How Made presently unable to bring it or cause it to be
The taking of deposition may be terminated or its brought;
scope limited at any time during the taking of the 2. The subject matter of the expected action and
deposition, provided: his interest therein;
1. It is made upon motion or petition of any party 3. The facts which he desires to perpetuate;
or of the deponent; and 4. The names or a description of his expected
2. Upon showing that the examination is being adverse parties; and
conducted in bad faith or in such manner as 5. The names and addresses of the persons to be
unreasonably to annoy, embarrass or oppress examined and the substance of the testimony.
the deponent or party. (Rule 24, Sec. 2).
Upon demand of the objecting party or deponent,
the taking of the deposition shall be suspended for Where Petition is Filed
the time necessary to make a notice for an order. A person desiring to perpetuate his or her
(Rule 23, Sec. 18). testimony or that of another may file a verified
petition in the court of the place of the residence of
Who May Order Limitation or Termination any expected adverse party. (Rule 24, Sec. 1).
The order may be made by:
a. The court in which the action is pending; or Notice
b. The RTC of the place where the deposition is The petitioner shall serve notice upon each person
being taken. (Rule 23, Sec. 18) named in the petition as an expect adverse party.
(Rule 24, Sec. 3).
Scope of the Order
The court may order the officer conducting the Order and Examination
examination: If the court is satisfied that the perpetuation of the
a. To cease forthwith from the taking of the testimony may prevent a failure or delay of justice,
deposition; it shall make an order designating or describing
b. To limit the scope and manner of the taking of the persons whose deposition may be taken and
the deposition. specifying the subject matter of the examination
If the order terminates the action, it shall be and whether the depositions shall be taken upon
resumed thereafter only upon the order of the oral examination or written interrogatories. (Rule,
court in which the action is pending. (Rule 23, Sec. 24, Sec. 4).
18)
Use of Deposition
Deposition In Perpetuam Rei Memoriam It is admissible in evidence, it may be used in any
Deposition for use in future proceedings as in the action involving the same subject matter
case where it is sought before the existence of an subsequently brought. (Rule 24, Sec. 6).
action or for cases on appeal. (Rule 24).
2. WRITTEN INTERROGATORIES TO
It was intended to preserve known testimony ADVERSE PARTIES
against danger of loss. For instance, the petitioner
has a cause of action which has not yet accrued. Purpose of Written Interrogatories
In such case, inasmuch as he cannot bring the Upon ex parte motion, any party desiring to elicit
action until the cause of action accrues, he may material and relevant facts from any adverse party
perpetuate his testimony or that of another person. shall file and serve, upon the latter, written
(Rule 24, Sec. 1) interrogatories. (Rule 25, Sec. 1).
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But no party may serve more than one set of Strategic Holdings, Inc. v. Asia Amalgamated
interrogatories to be answered by the same party Holdings Corp., G.R. No. 217360, Nov. 13, 2019).
without leave of court. (Rule 25, Sec. 4).
Objections to Interrogatories
Unless thereafter allowed by the court for good Objections to the interrogatory may be presented
cause shown and to prevent a failure of justice, a to the court within ten (10) calendar days after
party not served with written interrogatories may service thereof.
not be compelled by the adverse party to give
testimony in open court, or to give a deposition Difference Between Interrogatories to Parties
pending appeal. (Sps. Afulugencia v. Metrobank, and Bill of Particulars
G.R. No. 185145, February 5, 2014) INTERROGATO- BILL OF
RIES TO PARTIES PARTICULARS
Since the calling party is deemed bound by the
adverse party’s testimony, compelling the adverse Directed to an Directed to a
party to take the witness stand may result in the Adverse Party. Pleading.
calling party damaging its own case. Another Seeks the disclosure Designed to seek for
reason for the rule is that by requiring prior written of all material and a more definite
interrogatories, the court may limit the inquiry to relevant facts from a statement or for
what is relevant, and thus prevent the calling party party. particulars of any
from straying or harassing the adverse party when matter not averred
it takes the latter to the stand. (Id.). with sufficient
definiteness in a
Use and Scope of Written Interrogatories pleading.
The use and scope of written interrogatories are
the same with that of depositions. (Rule 25, Sec. Difference Between Interrogatories to Parties
5, see Rule 23, Secs. 2 and 4). and Written Interrogatories in a Deposition
Answer to Interrogatories WRITTEN

INTERROGATORIES
The written interrogatories shall be answered by: INTERROGATORIES
TO PARTIES
a. The party served; or IN A DEPOSITION
b. If the party served is a corporation, partnership,
Purpose is to elicit Purpose is the same
or association which is a party, any officer
facts from any adverse as other types of
thereof competent to testify. (Rule 25, Sec. 1).
party. The answers depositions.
may constitute judicial
The interrogatories shall be answered fully in
admissions.
writing and shall be signed and sworn to by the
person making them. Such answer shall be filed Directed to an Directed to any
and served to the party submitting the Adverse Party. person, including the
interrogatory within fifteen (15) days from service adverse party.
of such interrogatories unless the court on motion
and for good cause extends or shortens the time.
(Rule 25, Sec. 2). Written interrogatories Written interrogatories
are served to the are served to the
Considering that the case is in the cross- adverse party. officer who shall take
examination stage already, the use of written the deposition.
interrogatories will not serve its purpose anymore.
It cannot aid in the preparation and speedy
disposition of the pending case. Instead, it will only
cause further delay in the proceedings. (BDO
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Interrogatories are Officer shall take the d. That the action or proceeding or any part
answered fully in oral responses of the thereof be stayed until the order is obeyed.
writing. deponent to the (Rule 29, Secs. 3(c) and 5);
written interrogatories. e. That the action or proceeding or any part
thereof be dismissed. (Rule 29, Secs. 3(c)
and 5);
The service of written interrogatories is a mode of f. That a judgment shall be rendered by default
deposition separate and distinct from against the disobedient party. (Rule 29,
interrogatories to parties. (RIANO 2019, p.492). Secs. 3(c) and 5);
g. That, in addition to the above, the
a. Consequences Of Refusal To Answer
disobedient party may be required to pay
the proponent reasonable fees for filing the
The following are the consequences of refusal to
order, including attorney’s fees. (Rule 29,
answer written interrogatories:
Sec. 5); and
i. If a party refuses to answer any question any
h. That the disobedient party or agent of such
interrogatory, the examination may be
party be arrested. (Rule 29, Sec. 3(d));
completed on other matters or adjourned as the
proponent of the question may prefer. (Rule 29,
Sec. 1). However, where a party refuses only to answer a
PARTICULAR question, Section 3 [c], Rule 29
ii. The proponent of the question may apply for an
order to the court where the deposition is being shall apply (the only difference being that in
Section 3[c], there is no provision on payment of
taken to compel the adverse party to answer. If
reasonable expenses/ penalty).
granted, the refusing party will be required to
answer; he may also be required to pay the b. Effect Of Failure To Serve Written
proponent reasonable fees for filing the order,
Interrogatories
including attorney’s fees. (Rule 29, Sec. 1).
iii. If after being ordered by the court, the party or General Rule: A party not served with written
witness still refuses to answer, the refusal may interrogatories may not be compelled by the
be considered a contempt of that court. (Rule adverse party to give testimony in open court, or
29, Sec. 2). to give a deposition pending appeal.
iv. The court may likewise make such orders, upon
motion and notice, in regard to the refusal of Exception: When allowed by the court for good
the party or witness to answer the cause and to prevent a failure of justice. (Rule 25,
interrogatories despite proper service thereof: Sec. 6).
a. That the matters regarding which the
questions were asked shall be taken to be 3. REQUEST FOR ADMISSION
established for the purposes of the action in
accordance with the claim of the party Purpose of Admission
obtaining the order. (Rule 29, Sec. 3(a)); The purpose of this mode of discovery is to allow
b. That the disobedient party be refused to be one party to request the adverse party, in writing,
allowed to support or oppose the to admit certain material and relevant matters
designated claims or defenses or which, most likely, will not be disputed in trial.
prohibiting him or her from introducing in (RIANO 2019, p.493).
evidence designated documents or things
or items of testimony. (Rule 29, Sec. 3(b)); A party should not be compelled to admit matters
c. That any part of of any pleading of the of fact already admitted by his pleading and
disobedient party be stricken out. (Rule 29, concerning which there is no issue, nor should he
Secs. 3(c) and 5); be required to make a second denial of those
already denied in his answer to the complaint.
[xxx] A request for admission is not intended to
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merely reproduce or reiterate the allegations of the Objections to Requests for Admission
requesting party's pleading but should set forth Objections to any request for admission shall be
relevant evidentiary matters of fact, or documents submitted to the court within the period for and
described in and exhibited with the request, whose prior to the filing of the sworn statement, i.e.,
purpose is to establish said party's cause of action fifteen (15) days after service of request. Such
or defense. objections will defer compliance until such have
been resolved by the court. (Rule 26, Sec. 2(2)).
Unless it serves that purpose, it is, as correctly
observed by the Court of Appeals, "pointless, a. Implied Admission By Adverse Party
useless," and "a mere redundancy.” (Po v. CA,
G.R. No. L-34341, 1988) There is an implied admission if the party to whom
the request is made does not file and serve a
How Request for Admission Made sworn statement either:
At any time after the issues have been joined, a a. Denying specifically the matters of which an
party may file and serve upon another party a: admission is requested; or
a. Request for the admission of the genuineness b. Setting forth the reasons why he or she cannot
of any material and relevant document truthfully admit or deny those matters.
described in and exhibited with the request; or The sworn statement must be filed and served
b. Request for the admission of the truth of any within the period designated in the request for
material and relevant matter of fact set forth in admission but shall not be less than fifteen (15)
the request. calendar days after service of the request. (Rule
Copies of the documents shall be delivered with 26, Sec. 2).
the request unless the same have already been
furnished. (Rule 26, Sec. 1) To avoid the implied admission, the party
requested may have the compliance of the filing
The court may allow the party making an and service of the sworn statement deferred. This
admission, whether express or implied, to deferment may be effected by the filing with the
withdraw or amend it upon such terms as may be court objections to the request for admission.
just. (Rule 23, Sec. 4). To effect the withdrawal, (RIANO, 2019, p. 495, also see Rule 26, Sec. 2(2))
the admitting party should file a motion to be
relieved of the effects of his admission. (RIANO, That the Comment was not under oath is not a
2019, p. 494) substantive, but merely a formal, defect which can
be excused in the interest of justice conformably
Defect in the Request for Admission to the well-entrenched doctrine that all pleadings
The request for admission of documentary should be liberally construed as to do substantial
evidence was held to be defective for the petitioner justice. The filing of such Comment substantially
failed to comply with the requirements under complied with Rule 26. Consequently, the DBP
Section 1 of Rule 26 which provides that a party cannot be deemed to have impliedly admitted the
may serve upon any other party a written request matters set forth in the Request for Admission for
for the admission by the latter of the genuineness the mere reason that its Comment was not under
of any material and relevant document described oath. (DBP v CA, G.R. No. 153034, 2005).
in and exhibited with the request; and that copies
b. Consequences Of Failure To Answer
of the documents should be delivered with the
Request For Admission
request unless copies have already been
furnished. (Duque v. Court of Appeals, G.R. No. If a sworn denial (see Rule 26, Sec. 2) is filed and
125383, 2002) served to the party requesting for admission, and
the latter thereafter proves the genuineness of
such document or the truth of any matter of fact,
the party requesting, upon motion, apply for an
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order requiring the other party to pay him b. Order any party to permit entry upon designated
reasonable expenses incurred in making such land or other property in his possession or
proof, including attorney’s fees. control for purpose of inspecting, measuring,
surveying, or photographing the property or
The order shall be issued unless the court finds any designated object or operation therein.
that there were good reasons for the denial or that (Rule 27, Sec. 1).
admissions sought were of no substantial
importance. (Rule 29, Sec. 4). Filing of a Motion; Order of the Court
1. The motion must be filed by the party seeking
If the party to whom the written request for the production or inspection of documents and
admission is directed does not file the required things, and the motion must show good cause
sworn statement, each of the matters of which an supporting the same.
admission is requested shall be deemed admitted 2. The order shall specify the time, place and
(Estate of Ferdinand E. Marcos v. Republic, G.R. manner of making the inspection and taking
No. 213037) copies and photographs and may prescribe
such terms and conditions as are just. (Rule 27,
c. Effect Of Admission Sec. 1).
Any admission made by a party pursuant to such This mode of discovery is not only for the benefit
request is for the purpose of the pending action of a party, but also for the court and for it to
only and shall not constitute an admission by him discover all relevant and material facts in
or her for any other purpose nor may the same be connection with the case before it. (RIANO, 2019,
used against him or her in any other proceeding. p. 496).
(Rule 26, Sec. 3)
The scope of discovery under this mode is to be
d. Effect Of Failure To File And Serve
liberally construed so as to provide the litigants
Request For Admission
with information essential to the fair and amicable
As a consequence of the failure to avail of this settlement or expeditious trial of the case. While
mode of discovery, the party shall not be permitted the grant of a motion for the production of a
to present evidence on facts that are material and document is admittedly discretionary on the part of
relevant and which are, or ought to be, within the the trial court judge, nevertheless, it cannot be
personal knowledge of the other party, unless arbitrarily or unreasonably denied because to do
otherwise allowed by the court for good cause so would bar access to relevant evidence that may
shown and to prevent a failure of justice. (RIANO, be used by a party-litigant. The test to be applied
2019, p. 494; see also Rule 26, Sec. 5). by the trial judge in determining the relevancy of
the documents is one of reasonableness and
4. PRODUCTION AND INSPECTION OF practicability. (Eagleridge Development
DOCUMENTS OR THINGS Corporation v Cameron Granville 3 Asset
Management Inc., G.R. No. 204700, 2013).
Purpose
The purpose of this mode of discovery is to allow In Security Bank Corporation v. Court of Appeals
a party to seek an order from the court in which an (G.R. No. 135874, 2000), the Court enumerated
action is pending to: the requisites in order that a party may compel the
a. Order any party to produce and permit the other party to produce or allow the inspection of
inspection and copying or photographing of any documents or things, viz.:
designated document, not privileged, which 1. The party must file a motion for the production
constitute or contain evidence material to any or inspection of documents or things, showing
matter; or good cause therefor;
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2. Notice of the motion must be served to all other Others privileged documents not mentioned
parties of the case; by Rule 130
3. The motion must designate the documents, 1. Editors may not be compelled to disclose the
papers, books, accounts, letters, photographs, source of published news;
objects or tangible things which the party 2. Voters may not be compelled to disclose for
wishes to be produced and inspected; whom they voted;
4. Such documents, etc., are not privileged; 3. Trade secrets;
5. Such documents, etc., constitute or contain 4. Information contained in tax census returns; and
evidence material to any matter involved in the 5. Bank Deposits. (Air Philippines Corporation v.
action, and Pennswell, Inc., G.R. No. 172835, December
6. Such documents, etc., are in the possession, 13, 2007).
custody or control of the other party.
Order Merely Interlocutory
Limitation of Order An order for the discovery and production by
A motion for production and inspection of defendants of documents for inspection, copying
documents should not demand a roving inspection and photographing by the plaintiff for use at trial of
of a promiscuous mass of documents. The the action was interlocutory and not appealable.
inspection should be limited to those documents (Apex Hoisery Co. v. Leader, et al., 102 F 2d 702,
designated with sufficient particularity in the 1939).
motion, such that the adverse party can easily
identify the documents he is required to produce, 5. PHYSICAL AND MENTAL EXAMINATION
otherwise the petition cannot prosper. (Alvero v. OF PERSONS
Dizon, G.R. No. L-342, May 4, 1946).
Purpose
This is essentially a mode of discovery limited to This mode of discovery applies to an action in
the parties to the action. This is to be differentiated which the mental or physical condition of a party is
from a subpoena duces tecum which is a means in controversy (Rule 28, Sec. 1). such as:
to compel the production of evidence, which may i. Annulment of a contract where the ground relied
be directed to a person who may or may not be a on is insanity;
party to the action. (RIANO, 2014, p.525) ii. Petition for guardianship of a person alleged to
be insane; and
Documents to be Produced iii. An action to cover damages for personal injury
1. It should NOT be privileged; where the issue is the extent of the injuries of
2. It should constitute or contain evidence material the plaintiff. (RIANO, 2019, p. 498).
to any matter involved in the action; and
3. It must be within the party’s possession, custody Procedure
or control. A motion must show good cause for the
examination with notice to the other parties aside
Privileged Documents (Rule 130, Sec. 24) from the party to be examined
1. Communication between Husband and Wife;
2. Communication between Attorney and Client; The motion shall likewise specify the time, place,
3. Communication between Physician and Patient; manner, conditions, and scope of the examination
4. Communication between Priest and Penitent; and the person or persons by whom it is to be
and made. The motion is to be filed with the court
5. Communication of Public Officers involving where the action is pending. (Rule 28, Sec. 2).
public interest.
Rights of the Examined Party and Party
Causing the Examination
The examined party has the right to request the
party causing the examination to be made to
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deliver to him a copy of a detailed written report of

or deponent or the
the examining physician setting out his findings
counsel advising the
and conclusions.
refusal, or both of them, to
pay the proponent the
After such request and delivery, the party causing
amount of the reasonable
the examination shall be entitled, upon request to
expenses incurred in
receive from, the party examined a like report of
obtaining the order,
any examination, previously or thereafter made, of
including attorney's fees.
the same mental or physical condition.
(Rule 29, Sec. 1)
c. If the motion is DENIED -
If the party examined refuses to deliver the report,
and the court finds that the
the court may make an order requiring the delivery
motion was filed
on terms as are just. If it is the physician who fails
WITHOUT SUBSTANTIAL
or refuses to make a report, the court may exclude
JUSTIFICATION, the court
his testimony if offered in trial. (Rule 28, Sec. 3).
may require the proponent
or the counsel advising
Waiver of Privilege
the filing of the
By requesting and obtaining a report of the
application, or both of
examination or by taking the deposition of the
them, to pay to the
examiner, the party examined waives any privilege
refusing party or
he may have in that action or any other involving
deponent the amount of
the same controversy regarding the testimony of
the reasonable expenses
every other person who has examined or may
incurred in opposing the
thereafter examine him. (Rule 28, Sec. 4).
application, including
6. CONSEQUENCES OF REFUSAL TO attorney's fees (Rule 29,
Sec. 1)
COMPLY WITH THE MODES OF
DISCOVERY
If despite the court order, the
party or deponent still
ACT OF CONSEQUENCES refuses to answer, the refusal
REFUSAL may be considered contempt
of that court (Rule 29, Sec. 2)
To answer a. If a party refuses to answer
any/all any question any To answer a a. Matters, regarding which the
question(s) interrogatory, the particular questions were asked,
upon oral examination may be question, shall be taken established
examination/ completed on other produce for purposes of the
refuses to matters or adjourned as documents, action (Rule 29, Sec 3[a])
answer the proponent of the or submit to b. The court may issue an
question in question may prefer. (Rule physical or order refusing to allow
the 29, Sec. 1). mental the disobedient party to
interrogatory b. If the motion is GRANTED– examination support or oppose
(with court the court shall require the designation claims or
motion to refusing party to answer. defenses, or presenting
compel an If the refusal to answer evidence designated
answer) was without documents or physical or
SUBSTANTIAL mental condition (Rule
JUSTIFICATION, it may 29, Sec. 3[b])
require the refusing party
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c. The court may issue an propounded

order striking pleadings by the court
or part thereof, staying during
further proceedings until deposition
the order is obeyed, or in the court
dismiss the complaint or
part thereof, or render the
Expenses Against the Republic of the
disobeying party in
Philippines
default (Rule 29, Sec. 3[c])
Expenses and attorney's fees are not to be
d. May direct the arrest of the
imposed upon the Republic of the Philippines
disobeying party or the
under this Rule.
agent except an order to
submit to physical or
In Zepeda v. Chinabank, G.R. No. 172175, 2006,
mental examination (Rule
the Supreme Court ruled that the consequences
29, Sec. 3[d])
enumerated in Section 3(c) of Rule 29 would only
To be sworn Contempt of court (Rule 29, apply where the party upon whom the written
interrogatories is served, refuses to answer a
Sec. 2)
particular question in the set of written
To admit If the requesting party later interrogatories and despite an order compelling
genuinenes proves the genuineness of him to answer the particular question, still refuses
s of the document or truth of fact, to obey the order.
document or the court may order the
truth of fact refusing party to pay the If such party refuses to answer the whole set of
reasonable expenses in written interrogatories and not just a particular
making such proof. Including question, the opposing party should have filed a
attorney’s fees motion based on Section 5 and not Section 3(c) of
Rule 29.
Unless the court finds that
there were good reasons for
the denial or that admissions
sought were of no substantial
importance, such order shall
be issued. (Rule 29, Sec. 4)
Attend The court may issue an order

depositions striking pleadings or part
or to serve thereof, or dismiss the
any/all complaint or part thereof, or
answer to the render the disobeying party in
questions in default, or to pay the
the reasonable expenses in
interrogatorie making such proof. Including
s attorney’s fees. (Rule 29, Sec.
5)
To answer Contempt of court (Rule 29,

any question Sec. 2)
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O. TRIAL General Rule: A court does not have power to

adjourn trial for a longer period than one (1) month
Trial vs. Hearing for each adjournment and not for more than three
Trial is the judicial process of investigating and (3) months total for all adjournments.
determining the legal controversies, starting with
the production of evidence by the plaintiff and Exception: When authorized in writing by the
ending with his closing arguments. (Velarde v. Court Administrator, Supreme Court. (Rule 30,
SJS, G.R. No. 159357, 2004). Sec. 2).
Hearing is a broader term. It is not only confined to 2. REQUISITES OF MOTION TO POSTPONE

the trial and presentation of evidence, but it also TRIAL
includes pre-trial, determination of granting or
denying a motion and several stages of litigation. a. For Absence Of Evidence
(Trocio v. Labayo. 53 SCRA 97,100, 1973).
The section covering the requisites of motion to
Necessity of Trial postpone trial for absence of evidence (former
Sec. 3 of Rule 30) has been deleted. Under the
General Rule: A trial is necessary when there are 2019 Amendments, trial may only be postponed
issues to be tried as a result of the specific on the ground of illness of party or counsel (now
denials of the material allegations in the complaint Sec. 3 of Rule 30).
(RIANO, 2019, p. 503).
b. For Illness Of A Party Or Counsel
Exceptions: Requisites:
Trial is unnecessary: 1. Affidavit or sworn certification showing that the
a. Where the pleadings of the parties tender to no presence of such party or counsel at the trial is
issue at all: Judgment on the Pleadings (Rule indispensable; and
34) 2. The character of the illness is such as to render
b. Wherefrom the pleadings, affidavits, the non-attendance excusable. (Sec 3, Rule.
depositions and other papers, there is actually 30).
no genuine issue: Summary Judgment (Rule
35) Postponement is NOT a matter of right. It is
c. Where the parties have entered into a addressed to the sound discretion of the court.
compromise or an amicable settlement: (Go-Bangayan v. Bangayan, Jr. G.R. No. 201061,
Judgment on Compromise (Rule 18) July 3, 2013)
d. Dismissal of complaint with prejudice
e. Summary procedure cases The party who caused the postponement is
f. Where the parties agree, in writing, upon the warned that the presentation of its evidence must
facts involved in the litigation, and submit the still be terminated on the remaining dates
case for judgement on the facts agreed previously agreed upon. (Rule 30, Sec. 2).
upon: Judgment on Facts Stipulated/Agreed
Upon (Sec. 6, Rule 30, ROC) 3. AGREED STATEMENT OF FACTS
(RIANO, 2019, p. 504)
Parties to ANY action may agree upon the facts
1. ADJOURNMENTS AND involved in the litigation.
POSTPONEMENTS
Such agreement must be in WRITING and upon
A court may adjourn a trial from day to day and to facts involved in the litigation. The case will then
postpone it to any stated time. be submitted for judgment on the facts agreed
upon WITHOUT need for introduction of evidence.
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the relative order of presentation of their evidence.

If the parties agree only on some of the facts, trial (Sec. 5, Rule 30).
shall be held as to the disputed facts. (Sec. 7, Rule
30) Schedule of Trial
The 2019 Amendments incorporated in the Rules
4. ORDER OF TRIAL; REVERSAL OF of Court the Revised Rules on Continuous Trial
ORDER (A.M. 15-06-10 S.C, see Sec 1, Rule 30).
Order of Trial The parties shall strictly observe the scheduled

The trial shall proceed as follows: hearings as agreed upon and set forth in the pre-
1. Plaintiff shall adduce evidence in support of his trial order.
complaint;
2. Defendant shall then adduce evidence in The schedule of trial dates, for both plaintiff and
support of his defense, counterclaim, cross- defendant, shall be continuous and within the
claim or third-party complaint; following periods:
3. Third-party defendant shall adduce evidence
in support of his defense, counterclaim, cross- STEP WHEN DONE TIME
claim, fourth-party complaint; ALLOWED
4. Fourth-party defendant and so on shall
adduce evidence of the material facts pleaded Initial Not later than Within 3
by him; Presentation 30 days from months/90
5. The parties against whom any counterclaim of Plaintiff’s the calendar days
or cross-claim has been pleaded, shall evidence. termination of which shall
adduce evidence in support of their defense, in the pre-trial include the
the order prescribed by the court; conference. Judicial
6. Parties may then adduce rebutting evidence Dispute
only, unless the court permits them to adduce Resolution, if
evidence upon their original case; necessary.
7. Oral argument and submission of
Initial Not later than Within the 3
memoranda and any further pleadings, if
Presentation 30 days after months/ 90
required by the court; and
of the court’s calendar
8. Case deemed submitted for decision.
Defendant’s ruling on the days.
evidence. plaintiff’s
The trial shall be limited to the issues stated in the
formal offer of
pre-trial order. (Sec. 5, Rule 30).
evidence.
The above order is only the general rule. In Determined
Presentation Shall not
furtherance of justice and to avoid any prejudice, of evidence by the court. exceed 90
the court may order a separate trial of: of third, calendar
a. Any claim, cross-claim, counterclaim, or third-
(fourth etc.) days.
party complaint; party claim,
b. Any separate issue; or cross-claim,
c. Any number of claims, crossclaims, or
counterclaims, third-party complaints or issues. counterclaim
(Sec.5, Rule 30 & Sec. 2, Rule 31). .
If the several defendants or third-party defendants, Presentation Determined Shall be

and so forth, having separate defenses appear of parties’ by the court. completed
by different counsel, the court shall determine rebuttal
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Hearing Days and Calendar Call

evidence, if within a period
Under the 2019 Amendments, trial shall be held
necessary. of 30 days.
from Monday to Thursday, and the courts having
Decision by After Period not to call the cases at exactly 8:30 am to 2:00 pm
the court. submission of exceeding 90 pursuant to ADMINISTRATIVE CIRCULAR NO. 3-
the case for days, with or 99.
resolution. without
memoranda Hearing on motions shall be held on Fridays,
pursuant to Sec. 8, Rule 15.
(Sec 1, Rule 30).
All courts must ensure that posting of their court
The trial dates may be shortened determined on calendars outside their courtrooms at least one
the number of witnesses presented, provided that day before the scheduled hearings, pursuant to
the presentation of evidence of all parties shall be OCA Cir. No. 250-2015. (Sec 4, Rule 30).
terminated within a period of 10 months or 300
calendar days. (Sec 1, Rule 30). Suspension of Actions
The suspension of actions shall be governed by
If there are no third (fourth, etc.) party claim, the Civil Code and other laws. (Sec. 8, Rule 30.)
counterclaim, or cross-claim, the presentation of
evidence shall be terminated within a period of 6 5. CONSOLIDATION OR SEVERANCE
months or 180 calendar days. (Sec 1, Rule 30).
When Consolidation is Proper
Reversal or Modification of Order of Trial A court may order consolidation when:
If the defendant relies upon an affirmative defense 1. There are actions involving a common
in his answer, then the order of the trial may be question of law or fact; and
properly reversed. This is because the plaintiffs 2. The actions are pending before the same court.
need not present evidence as judicial admissions (Sec. 1, Rule 31).
do not require proof. (see Sec. 5, Rule 6).
How Consolidation Made
The defendant in this case will present evidence When circumstances warrant the consolidation to
ahead of the plaintiff. (People of the Philippines v. be proper, the court may order:
SPO1 Marcial, G.R. No. 152864-65, September a. A joint hearing or trial of any and all matters or
27, 2006) issue in the action;
b. Consolidation of all actions; or
In the exercise of its discretion, it courts, in c. Such orders concerning proceedings therein as
receiving evidence, may use a method aside from may tend to avoid unnecessary costs or delay.
the traditional modes mentioned in the rules of (Sec. 1, Rule 31).
court. An example of this is the “hot tubbing
method” where the judge can hear all the experts Consolidation of cases may take place in any of
discussing the same issue at the same time to the following ways:
explain each of their points in a discussion with a a. Where all except one of several actions are
professional colleague (International Service for stayed until one is tried, in which case the
the Acquisition of the Agri-Biotech Applications, judgment in the one trial is conclusive as to the
Inc. v. Greenpeace Southeast Asia Philippines, others. This is not actually consolidation but is
G.R. No. 209271, Dec. 8, 2015). referred to as such. (quasi-consolidation);
b. Where several actions are combined into one,
lose their separate identity, and become a
single action in which a single judgment is
rendered. This is illustrated by a situation
where several actions are pending between the
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same parties stating claims which might have In the appellate stage, the rigid policy is to make
been set out originally in one complaint. (actual the consolidation of all cases and proceedings
consolidation); resting on the same set of facts, or involving
c. Where several actions are ordered to be tried identical claims or interests or parties mandatory.
together but each retains its separate character Such consolidation should be made regardless of
and requires the entry of a separate judgment. whether or not the parties or any of them
This type of consolidation does not merge the requests it. (In re: Fabiana, A.M. No. CA-12-51-J,
suits into a single action, or cause the parties 2013)
to one action to be parties to the other.
(consolidation for trial) (Producers Bank of the Proceedings for the issuance of a writ of
Phils. V. Excelsa Industries, Inx., GR No. possession being ex parte and non-litigious in
173820, 2012). nature, cannot be consolidated with proceedings
seeking to nullify the extra-judicial foreclosure or
Civil cases MAY now be consolidated with criminal the certificate of sale. (Espinoza v. UOB, G.R. No.
cases. (Rule 111, Section 2[a]). 175380, 2010).
Consolidation is a matter of discretion with the When Severance is Proper

court. Consolidation becomes a matter of right In furtherance of justice and to avoid any
only when the cases sought to be consolidated prejudice, the court may order a separate trial of:
involve similar questions of fact and law, provided a. Any claim, cross-claim, counterclaim, or third-
certain requirements are met. An essential party complaint;
requisite of consolidation is that the court must b. Any separate issue; or
have jurisdiction over all the cases consolidated c. Any number of claims, cross-claims,
before it. In this case, since the Sandiganbayan counterclaims, third-party complaints or issues.
does not have jurisdiction over the collection case, (Sec.5, Rule 30 & Sec. 2, Rule 31).
the same cannot be consolidated with the criminal
cases even if these cases involve similar 6. DELEGATION OF RECEPTION OF
questions of fact and law. (Republic v. Court of EVIDENCE
Appeals, G.R. No. 116463, 2013).
General Rule: The JUDGE of the court where the
Under the Rules of Court, the consolidation of case is pending shall personally receive the
cases for trial is permissive and a matter of judicial evidence to be adduced by the parties.
discretion. This is because trials held in the first
instance require the attendance of the parties, Exception: The court may delegate the reception
their respective counsel and their witnesses, a of evidence to its clerk of court, who is a
task that surely entails an expense that can member of the Bar, in:
multiply if there are several proceedings upon the 1. a. Default or ex parte hearings; or
same issues involving the same parties. At the trial 2. b. Any case where the parties so agree in writing.
stage, the avoidance of unnecessary expenses
and undue vexation to the parties is the primary The clerk of court has the duty to submit his report,
objective of consolidation of cases. objections, and transcripts of the proceedings
within 10 days from the termination of hearing.
But the permissiveness of consolidation does not
carry over to the appellate stage where the primary The CLERK OF COURT shall have NO power:
objective is less the avoidance of unnecessary a. To rule on objections to any question; or
expenses and undue vexation than it is the ideal b. To rule on the admission of exhibits.
realization of the dual function of all appellate
adjudications. Such power shall remain with the judge. The judge
shall resolve such objections within ten (10)
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calendar days from the termination of

hearing. (Sec. 9, Rule 30). An irregularity in the appointment of a
commissioner must be seasonably raised in the
7. TRIAL BY COMMISSIONERS trial court where the defect could still be remedied,
either before the parties proceed with the hearing
a. Reference By Consent Or Ordered On or before the court hands down its ruling. It is a
Motion procedural point that can be waived by consent of
the parties, express or implied.
Reference by Consent
By written consent of both parties, the court may
However, if the errors in the procedure for the
order the trial of any or all of the issues in a case
appointment of the commissioner are not
to be referred to a COMMISSIONER. (Sec. 1, Rule
prejudicial to the parties because there is no proof
32)
that the commissioner committed any mistake or
abuse in the performance of the task entrusted to
Reference Ordered by the Court
him, the holding of a new trial by reason thereof
If there is no written consent from both of the
alone is not justified (CCC Insurance Corporation
parties, the court may direct a reference to a
v. Court of Appeals 31 SCRA 264, 1970)
Commissioner, either:
a. Upon motion of either party, or b. Powers Of The Commissioner
b. Upon the court’s own motion, when none of the
parties do not consent. (Sec. 2, Rule 32) Order of Reference
When a reference to a commissioner is made, the
Reference to a commissioner may be made by the clerk of court shall furnish the commissioner a
court in only the following cases: copy of the order of reference. Such order shall:
a. When the trial of an issue of fact requires the 1. Specify or limit the powers of the commissioner;
examination of a long account on either side, 2. May direct him or her to report only upon
in which case the commissioner may be particular issues;
directed to hear and report upon the whole 3. May direct him or her to do or perform particular
issue or any question involved; acts only;
b. When the taking of an account is necessary 4. May direct him or her to receive and report
for the information of the court before evidence only;
judgment; 5. Fix the date for beginning and closing the
c. When carrying a judgment or order into hearings; and
effect; 6. Fix the date for the filing of his or her report. (Sec
d. When a question of fact, other than upon the 3, Rule 32).
pleadings, arises upon motion or otherwise, in
any stage of the case. (Sec 2. Rule 32) Powers of the Commissioner
Subject to the limitations set forth by the order of
Who are Commissioners reference, the Commissioner has the power to:
As contemplated by the Rules of Court, a i. Regulate the proceedings before him;
commissioner includes a referee, an auditor, and ii. Do all acts and take measures necessary for the
an examiner. The commissioner may either be: efficient performance of his duties;
a. Agreed upon by both parties; or iii. Issue subpoena and subpoena duces tecum;
b. Appointed by the court. (e.g., in cases of iv. Swear in witnesses;
expropriation, partition, settlement of Estate). v. Rule on the admissibility of evidence, unless
(Sec. 1, Rule 32). otherwise provided in the order of reference;
and
Before entering upon his or her duties, the vi. Do all acts and take all measures necessary or
commissioner shall be sworn to a faithful and proper, for the efficient performance of his
honest performance thereof. (Sec. 4, Rule 32) duties.
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The trial or hearing before him or her shall proceed testimonial evidence presented before him. (Sec.
in all aspects as it would if held before the court. 9, Rule 32).
(Sec 3, Rule 32).
Notice to Parties
Proceeding Before the Commissioner Upon filing of the Commissioner’s Report, the
Upon receipt of the order of reference, unless Clerk of Court shall notify the parties.
provided therein, the commissioner shall forthwith
set a time and place for the first meeting of the Parties are allowed ten (10) calendar days from
parties of their counsel to be held within 10 such notice to signify grounds for objections to the
calendar days after the date of the order of findings.
reference and shall notify the parties or their
counsel. (Sec. 5, Rule 32). Objections to the report based upon grounds
which were available to the parties during the
It is the duty of the commissioner to proceed with proceedings before the commissioner, other than
all reasonable diligence. Either party, on notice objections to the findings and conclusions herein
to the party and commissioner, may apply to the set forth, shall not be considered by the court
court for an order requiring the commissioner to UNLESS they were made before the
expedite the proceedings and to make his or commissioner. (Sec. 11, Rule 32)
her report. (Sec. 8, Rule 32).
Hearing on the Report
Failure of Party to Appear Before the After the expiration of the ten (10) calendar day
Commissioner period after notice to file an objection, a hearing
If a party fails to appear at the time and place shall be set on the report.
appointed, the commissioner may:
a. Proceed with the proceedings ex parte; or After hearing the court shall issue an order
b. In his or her discretion, adjourn the proceeding adopting, modifying or rejecting the
to a future day, giving notice to the absent party Commissioner’s Report.
or his or her counsel of the adjournment. (Sec
6, Rule 32). When the parties stipulate that a commissioner's
findings of fact shall be final, only questions of law
The refusal of a witness to obey to a subpoena shall thereafter be considered. (Sec. 12, Rule 32).
issued by the commissioner or to give evidence
before him or her, shall be deemed a contempt of
court which appointed the commissioner. (Sec. 7,
Rule 32). P. DEMURRER TO EVIDENCE
c. Commissioner’s Report; Notice To Nature of Demurrer

Parties And Hearing On The Report A demurrer to evidence is an objection by one of
the parties in an action, to the effect that the
Commissioner’s Report evidence which his adversary produced is
Upon completion of trial or hearing or proceeding insufficient in point of law, whether true or not, to
before the Commissioner, the Commissioner shall make out a case or sustain the issue. (Felipe v
file a report in writing: MGM Motor Trading, GR No 191849, Sep. 23,
1. Showing the matters submitted to him in the 2015).
order of reference; or
2. His or her findings of fact or conclusions of law, A demurrer to evidence is actually a motion to
when his or her power is not so limited. dismiss on the ground of insufficiency of evidence.
He shall also attach all exhibits affidavits, The question in a demurrer to evidence is whether
depositions, papers and the transcript of the plaintiff, by his evidence in chief, had been able
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to establish a prima facie case. (Republic v. De 2. EFFECT OF DENIAL

Borja, G.R. No. 187448, Jan. 9, 2017).
Effect of Denial of Demurrer to Evidence
The review of a dismissal of the complaint on If the defendant’s motion is denied, the defendant
based on a demurrer to evidence naturally entails shall have the right to present evidence. (Sec. 1,
a calibration of the evidence to determine whether Rule 33).
the material allegations of the complaint were
sufficiently backed by evidence. Hence, the same The trial court erred in deciding the entire case on
involves a question of fact. Rule 45 is a wrong its merits. It had no choice other than to grant or to
mode of appeal for a demurrer. (Felipe v. MGM deny the demurrer. It could not deny the motion
Motor Trading Corp., G.R. No. 191849 Sep. 23, and then forthwith grant the plaintiff’s claims on a
2015). finding that the latter has established a
preponderance of evidence in support of such
1. GROUNDS claims. (Northwest Airlines, Inc. v. Court of
Appeals, G.R. Nos. 120334, Jan. 20, 1998).
Insufficiency of Evidence as Ground for a
Demurrer But in an election case, a party whose demurrer
After the plaintiff has completed the presentation was denied does not have the right to present
of his evidence, the defendant may move for evidence. The nature of an election protest case
dismissal on the ground that upon the facts and differs from an ordinary civil action. Because of this
the law, the plaintiff has shown NO RIGHT TO difference, the Rules of Civil Procedure on
RELIEF (Sec. 1, Rule 33). demurrer to evidence cannot apply to election
cases even "by analogy or in a suppletory
The evidence contemplated by the rule on character." (Gementiza v. Commission on
demurrer is that which pertains to the merits of Elections, G.R. No. 140884, Mar. 6, 2001).
the case, excluding technical aspects such as
capacity to sue. (Celino v. Heirs of Alejo and An order denying a demurrer to the evidence is
Teresa Santiago, G.R. No. 161817, Jul. 30, 2004). INTERLOCUTORY and is therefore NOT
appealable. (Katigbak v. Sandiganbayan, G.R.
In a demurrer to evidence, however, it is No. 140183, Jul. 10, 2003).
premature to speak of "preponderance of
evidence" because it is filed prior to the Furthermore, under the 2019 Amendments, the
defendant's presentation of evidence; it is order denying the demurrer to evidence shall not
precisely the office of a demurrer to evidence to be:
expeditiously terminate the case without the need 1. Subject of an appeal; or
of the defendant's evidence. (Republic v. De Borja, 2. Petition for certiorari, prohibition, or mandamus
G.R. No. 187448, Jan. 9, 2017). before judgment. (Sec. 2, Rule 33).
What should be resolved in a motion to dismiss Note: In case of the denial of the demurrer and the
based on a demurrer to evidence is whether the case was decided against the defendant, the
plaintiff is entitled to the relief based on the facts remedy is to appeal from the judgment raising as
and the law. The “facts” referred to include judicial error the denial of the demurrer. (Id.).
admissions, matters of judicial notice, stipulations
made during the pre-trial and trial, admissions, and 3. EFFECT OF GRANT
presumptions, the only exclusion being the
defendant’s evidence. (GMA Network v. Central Effects of Granting the Demurrer to Evidence
CATV, G.R. No. 176694, 2014) The court, upon granting the demurrer, shall
dismiss the case. (Sec. 1, Rule 33).
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It is axiomatic that a dismissal on the basis of a 5. DISTINGUISH: DEMURRER TO

demurrer to evidence is similar to a judgment; it is EVIDENCE IN A CIVIL CASE AND
a final order ruling on the merits of a case. DEMURRER TO EVIDENCE IN A CRIMINAL
(Republic v. De Borja, G.R. No. 187448, Jan. 9, CASE
2017).
CIVIL CASE CRIMINAL CASE
Effect of Denial vs. Granting Demurrer NO need for leave of Leave of court is
MOTION DENIED MOTION GRANTED court for defendant to NECESSARY so that
file demurrer to the accused could
Movant shall have the The case shall be evidence. present his evidence
right to present his dismissed. if his demurrer is
evidence. denied.
If court finds plaintiff’s If court finds
INTERLOCUTORY; ADJUDICATION ON
evidence insufficient, prosecution’s
however, the denial of THE MERITS. It is
demurrer will be evidence insufficient,
the demurrer is not appealable on the
granted and demurrer will be
subject to appeal, part of the plaintiff.
complaint will be granted and judgment
certiorari, prohibition, dismissed. This will be rendered
or mandamus. The dismissal is acquitting the
remedy is to appeal
appealable. accused. The
from the adverse
judgment is not
judgment on the part appealable based on
of the defendant.
double jeopardy.
If on appeal of the If on appeal, demurrer If plaintiff appeals and Judgment is NOT
judgment, denial of is reversed, the judgment is appealable by reason
demurrer is reversed, defendant deemed to reversed, the of the double jeopardy
the case shall be have waived his right appellate court will rule.
dismissed. to present evidence; decide the case on
appellate court shall the basis of plaintiff’s
render judgment evidence and the
based on the defendant loses his
evidence of the right to present
plaintiff. evidence.
If court denies If court denies
4. WAIVER OF RIGHT TO PRESENT demurrer, defendant demurrer, either of the
EVIDENCE will present his following will happen:
evidence
Effect of Reversal of Demurrer on Appeal 1. If demurrer was
If on appeal, the order granting the motion for WITH express leave
demurrer is reversed, the defendant loses his right of court, accused may
to present evidence. (Sec. 1, Rule 33). present evidence;
If, upon appeal, the demurrer is reversed, the 2. If demurrer was

appellate court should not remand the case back WITHOUT leave of
to the trial court. Instead, it should render judgment court, accused can no
on the basis of the evidence submitted by the longer present
plaintiff. (Radiowealth Finance Corp. v. Del evidence and the
Rosario, G.R. No. 138739, Jul. 6, 2000). case is submitted for
decision based on
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CIVIL CASE CRIMINAL CASE 5. Filed with the clerk of court. (Sec. 1, Rule 36).
prosecution’s
evidence. Furthermore, due process dictates that before any
decision can be validly rendered in a case, the
The court cannot, on The court, after the
following safeguards must be met:
its own make a prosecution has
1. The court or tribunal must be clothed with
demurrer. rested its case, shall
judicial authority to hear and determine the
inquire from the
matter before it;
accused if he desires
2. It must have jurisdiction over the person of the
to move for leave of party or over the property subject of the
court to file a
controversy;
demurrer or proceed 3. The parties thereto must have been given an
with the presentation opportunity to adduce evidence in their behalf,
of his evidence.
and
(Revised Guidelines
4. Such evidence must be considered by the
for Continuous Trial in
tribunal in deciding the case. (Acosta v.
Criminal Cases). COMELEC, G.R. No. 131488, August 3, 1988).
(RIANO, 2019, p.516).
1. JUDGMENT AFTER PRE-TRIAL
Similarities of Both Demurrer in a Civil case
and a Criminal Case Proprietary of Rendering Judgment at Pre-Trial
Both are based on insufficiency of evidence During the pre-trial, among the matters that the
presented by the plaintiff or the prosecution to court should consider is the proprietary of
warrant the grant of affirmative relief in favor of the rendering judgment on the pleadings, or summary
plaintiff nor conviction of accused. (Sec. 1, Rule judgment, or of dismissing the action should a
33; Sec. 23, Rule 119). valid ground therefore be found to exist. (Sec. 2(f),
Rule 18).
In both, the motion is filed after the plaintiff or the
prosecution has presented evidence and closed The court shall motu proprio include in the pre-trial
his or its case. (Id.). order that the case be submitted for summary
judgment or judgment on the pleadings,
without need of position papers or memoranda,
should there/it be:
Q. JUDGMENTS AND FINAL ORDERS a. No more controverted facts;
b. No more genuine issue as to any material fact;
Meaning of Judgment
c. Absence of an issue; or
A judicial act which settles the issues, fixes the
d. That the answer fails to tender an issue.
rights and liabilities of the parties, and determines This is without prejudice to a party moving for
the proceeding, and is regarded as the sentence
judgment on the pleadings or summary judgment
of the law pronounced by the court on the action
under Rules 34 and 35, respectively.
or question before it. (Legarda v. Court of Appeals,
G.R. No. 94457, Oct. 16, 1997).
In such cases, judgment shall be rendered within
ninety (90) calendar days from termination of the
Requisites of a Valid Judgment
pre-trial.
The requisites of a valid judgment are:
1. In writing;
The order of the court to submit the case for
2. Personally and directly prepared by the judge;
judgment pursuant to this Rule shall not be the
3. State clearly and distinctly the facts and the law subject to appeal or certiorari. (Rule 18, Sec.
on which it is based;
10).
4. Signed by the judge;
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In one case, petitioner moved for a summary

judgment after pre-trial. Respondent countered, Judgment upon a compromise is immediately
arguing that by agreeing to proceed to trial during executory upon the signing of the compromise
the pre-trial conference, petitioner waived its right agreement in the absence of a motion to set aside
to summary judgment. The Court ruled in favor of on the ground of fraud, mistake, etc. Hence, it has
the petitioner, holding that if plaintiff was allowed the effect of res judicata. (World Machine
to move for summary judgment even after trial and Enterprises v. IAC, G.R. No. 72019, 1990).
submission of the case for resolution, more so
should we permit it in the present case where It is well-settled that a judicial compromise has the
petitioner moved for summary judgment before effect of res judicata and is immediately
trial. Whenever it becomes evident at any stage of executory and not appealable unless a motion to
the litigation that no triable issue exists, or that the set aside the same is led on the ground of fraud,
defenses raised by the defendants are sham or mistake or duress, in which event an appeal may
frivolous, plaintiff may move for summary be led from an order denying the same. A court
judgment. (Republic v. Sandiganbayan, G.R. No. cannot set aside a judgment based on
152154, Jul. 15, 2003). compromise without having declared in an
incidental hearing that such a compromise is
2. JUDGMENT WITHOUT TRIAL vitiated by any of the grounds for nullity
enumerated (Salvador v. Ortoll, G.R. No. 140942,
A decision rendered without a full-blown trial. Oct. 18, 2000).
Examples include judgment by confession and
judgment upon a compromise. 3. JUDGMENT ON THE PLEADINGS
Judgment by Confession When Judgment on the Pleadings Made

This is a judgment rendered by the court after a The court upon motion of the claimant on the
party expressly agrees to the other party’s claim or ground that an answer:
acknowledges the validity of the claim against him. a. Fails to tender an issue; or
(RIANO, 2019, p. 543). b. Otherwise admits the material allegations of
the adverse party’s pleading. (Sec. 1, Rule 34)
Judgment Upon a Compromise
A compromise judgment is a decision rendered by It is a form of judgment that is exclusively based
a court sanctioning the agreement between the on the submitted pleadings without the
parties concerning the determination of the introduction of evidence as the factual issues
controversy at hand. remain uncontroverted. (GSIS v. Prudential, G.R.
No. 165585, 2013)
Essentially, it is a contract, stamped with judicial
imprimatur, between two or more persons, who, A judgment on the pleadings will not apply when
for preventing or putting an end to a lawsuit, adjust no answer is filed. It will come into operation only
their difficulties by mutual consent in the manner when an answer is served and filed but the same
which they agree on, and which each of them fails to tender an issue or admits the material
prefers in the hope of gaining, balanced by the allegations of the adverse party’s pleading.
danger of losing. (RIANO, 2019, p. 544)
However, upon court approval of a compromise When Answer Fails to Tender An Issue
agreement, it transcends its identity as a mere An answer fails to tender an issue if it does not
contract binding only upon the parties thereto, as comply with the requirements of a specific denial
it becomes a judgment that is subject to execution. as set out in Sections 8 (actionable document
(Diamond Builders Conglomeration v. Country denial under oath) and 10 (specific denial) [of Rule
Bankers Insurance Corp., G.R. No. 171820, Dec. 8]. Failure to deny such would result in the
13, 2007). admission of the material allegations of the
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adverse party’s pleadings. (Asian Construction v. the motion shall be subject to the provisions of
Sanneadle, G.R. No. 181676, June 11, 2014) Rule 15 (Motions). (Sec. 2, Rule 34).
The defense of the defendant was that plaintiff was A motion for judgment on the pleadings is a
in bad faith. The court ruled that the answer in fact litigious motion. (Sec. 5, Rule 15)
tendered an issue hence judgment on the
pleadings would be inapplicable. The plaintiff, in Also, if at pre-trial, the court finds that a judgment
this case, prayed for an accounting which required on the pleadings is proper, it may render such
a full blown trial (requires presentation of evidence judgment motu proprio. (Sec. 2(f), Rule 18; see
on partial payment) hence, there was a genuine discussion on judgment at pre-trial)
issue in the case at bar. (Sps. Ong v. Roban
Lending, G.R. No. 172592, 2008) Any action of the court on a motion for judgment
on the pleadings shall not be subject of an appeal
When Answer Otherwise Admits Material or petition for certiorari, prohibition, or mandamus.
Allegations of a Pleading (Sec. 2, Rule 34)
The answer admits the material allegations of the
adverse party’s pleading by: A Motion for Judgment on the Pleadings is one
a. Expressly admitting the truth of such that is considered ex parte because upon
allegations; particular facts thus presented, the plaintiff is
b. Failing to make a specific denial of the material entitled to judgment. (Dino v. Valencia, G.R. No. L-
allegations; or 43886, 1989)
c. Omitting to deal with the material allegations at
all. (Medical Enterprises, Inc. v. Wesleyan Cases Where Judgment on the Pleadings Do
University Philippines, G.R. No. 207970, Not Apply
January 20, 2016; RIANO, 2019, p. 544) In the following cases, a judgment on the
pleadings will not apply:
Normally, it is the plaintiff who files a judgment on a. Declaration of nullity of marriage;
pleadings. But in one case, the defendant was the b. Annulment of marriage; and
one who moved for judgment on pleadings without c. Legal separation;
offering proof as to the truth of her allegations and Note: for items 1 to 3, the material facts alleged in
without giving the plaintiff opportunity to introduce the complaint shall always be proven. The purpose
evidence. The Court ruled that the defendant is is to prevent collusion between the parties. (Sec.
deemed to have admitted the material and 1, Rule 34, see Articles 48 and 60 of the Family
relevant matters of the complaint. (Sunbanun v. Code)
Go, G.R. No. 163280, 2010). d. Cases involving unliquidated damages;
e. Cases where a pleading contains a conclusion
Sham denials, consisting of an avowed lack of of law since it is the court which makes such
knowledge of facts which could not but be clearly conclusions; and
known by them, in effect tender no issue, or f. Cases where the pleading contains non-
otherwise admit the allegations of the complaint material averments or allegations.
material to a valid decision. (Manufacturer’s Bank For numbers 4 to 6, there can be no deemed
v. Diversified, G.R. No. 33695, 1989) admission for failure to make a specific denial in
the answer. (RIANO, 2019, p. 331, see Sec. 11,
Action on Motion for Judgment on the Rule 8)
Pleadings
The court may motu propio or on motion render By moving for judgment on the pleading, plaintiff
judgment on the pleadings if it is apparent from the waives his claim for unliquidated damages. Claim
answer that there are grounds for such. Otherwise, for such damages must be alleged and proved.
(see Sec. 11, Rule 8)
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2. The party presenting the motion for summary

In actions for declaration of nullity or annulment of judgment must be entitled to a judgment as a
marriage or for legal separation, the material facts matter of law. (Rivera v. Solidbank Corporation,
alleged in the complaint shall always be proven. G.R. No. 163269, April 19, 2006)
4. SUMMARY JUDGMENT Meaning of Genuine Issue

A genuine issue is an issue of fact which requires
Nature of Summary Judgment the presentation of evidence as distinguished from
A summary judgment, also called accelerated a sham, fictitious, contrived or false claim. The trial
judgment, is proper where, upon a motion filed court can determine a genuine issue on the basis
after the issues had been joined and on the basis of the pleadings, admissions, documents,
of the pleadings and papers filed, the court finds affidavits, or counter affidavits submitted by the
that there is no genuine issue as to any material parties. (Smart Communications, Inc. v. Aldecoa,
fact except as to the amount of damages. (Ley G.R. No. 166330, September 11, 2013)
Construction and Development Corp. v. Union
An issue of material fact exists if the answer or
Bank of the Philippines, G.R. No. 133801, Jun. 27, responsive pleading filed specifically denies the
2000). material allegations of fact set forth in the
complaint or pleading. If the issue of fact requires
What triggers a summary judgment is the absence the presentation of evidence, it is a genuine issue
of a genuine factual issue. It is not proper where of fact. However, if the issue could be resolved
there are factual issues to be resolved by the judiciously by plain resort to the pleadings,
presentation of evidence. Even if there is a affidavits, depositions, and other papers on file,
complicated question of law, if there is no issue as the issue of fact raised is sham, and the trial court
to the facts, a summary judgment is not barred. may resolve the action through summary
(Velasco v. CA, G.R. No. 121517, 2000). judgment. (Olivares Realty v. Castillo GR 196251,
2014)
The very objective of the Rule on Summary
Judgment which is to weed out sham claims or Burden of Proving Genuine Issue of Fact
defenses thereby avoiding the expense and loss The party who moves for summary judgment has
of time involved in a trial. (Republic v. the burden of demonstrating clearly the absence
Sandiganbayan, G.R. No. 152154, July 15, 2003). of any genuine issue of fact, or that the issue
posed in the complaint is patently unsubstantial so
Subject Matter of Summary Judgment as not to constitute a genuine issue for trial.
A summary judgment may cover matters involving: (Philippine Bank of Communications v. Go, G.R.
a. Recovery based on a claim, counterclaim, or No. 175514, 2011)
cross-claim; or
b. Obtaining a declaratory relief. (Sec. 1 & 2, Rule Motion and Proceedings for Summary
35) Judgment
To invoke the rule on summary judgments, a
An action for annulment of marriage cannot be motion must be filed. Such motion must cite the
decided by summary judgment proceeding supporting affidavits, depositions, admissions, and
(Roque v. Encarnacion, G.R. No. L-6505, 1954).
specific law relied upon.
Requisites for Summary Judgment Within a non-extendible period of 5 calendar days

For a summary judgment to be proper, the movant from receipt of the motion, the adverse party may
must establish two requisites: file a comment and serve opposing affidavits,
1. There must be no genuine issue as to any depositions, or admissions.
material fact, except for the amount of
damages; and
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Unless the court otherwise orders the conduct of a no triable issue exists, or that the defenses raised
hearing, the court shall render the summary by the defendants are sham or frivolous, plaintiff
judgment sought should: may move for summary judgment. (Republic v.
1. The supporting affidavits, depositions, Sandiganbayan, G.R. No. 152154, Jul. 15, 2003).
admissions show that there is no genuine
issue as to any material fact, except as to b. For The Defendant
the amount of damages; and
2. The moving party, as a matter of law, is A party against whom a claim, counterclaim, or
entitled to judgment. cross-claim is asserted or a declaratory relief is
sought may, at ANY TIME, move with supporting
Any action of the court on a motion for summary affidavits, depositions or admissions for summary
judgment shall not be subject of an appeal, or judgment in his favor upon all or any part thereof.
petition for certiorari, prohibition, or mandamus. (Sec. 2, Rule 35).
(Sec. 3, Rule 35)
c. When The Case Not Fully Adjudicated On
Motion
A motion for summary judgment is a litigious
motion. (Sec. 5, Rule 15) Partial Summary Judgment
If based on the motion, a trial is necessary
The trial court cannot motu proprio decide that because judgment was not rendered on the
summary judgment on an action is in order. The whole case or for all reliefs sought, the court
defending party or claimant, as the case may be, may:
must invoke the rule on summary judgment by 1. Ascertain what material facts exist without
filling a motion. The adverse party must be notified substantial controversy, including the extent to
of the motion for summary judgment and furnished which the amount of damages or other relief is
with supporting, affidavits, depositions or not in controversy; and
admissions before hearing is conducted. (Pineda 2. Direct further proceedings in the action as are
v. Heirs of Eliseo Guevara, G.R. No. 143188, just.
February 14, 2007)
In ascertaining the material facts, the court can:
Under Section 3, Rule 35 of the Rules of Court, a 1. Examine the pleadings and evidence before it;
summary judgment may not be rendered on the and
amount of damages, although such judgment may 2. Interrogate the parties' counsel.
be rendered on the issue relating to the existence
of the right to damages. (Ybiernas v. Tanco- The facts so ascertained shall be deemed
Gabaldon, G.R. No. 178925, 2011) established, and the trial shall be conducted on the
controverted facts accordingly. (Sec. 4, Rule 35)
a. For The Claimant
A party seeking to recover upon a claim, The test is whether or not the pleadings, affidavits
counterclaim, or cross-claim or to obtain a and exhibits in support of the motion are sufficient
declaratory relief may, at any time AFTER the to overcome the opposing papers and to justify the
pleading in answer thereto has been served, move finding that, as a matter of law, there is no defense
with supporting affidavits, depositions or to the action or claim clearly meritorious. (Estrada
admissions for summary judgment in his favor v. Consolacion, G.R. No. L-40948, 1976)
upon all or any part thereof. (Sec. 1, Rule 35).
A partial summary judgment is an interlocutory
The phrase "anytime after the pleading in answer order, because it does not completely and finally
thereto has been served" in Section 1, Rule 35 dispose of a litigation. (GSIS v. PH Village Hotel,
means "at any stage of the litigation." Whenever it G.R. No. 150922, 2004).
becomes evident at any stage of the litigation that
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d. Affidavits And Attachments b. The court may, after hearing, further adjudge
the offending party or counsel guilty of
Form and Other Requisites of Affidavits contempt. (Sec. 6, Rule 35)
The requisites of the supporting and opposing
affidavits are: 5. DISTINGUISH: JUDGMENT ON THE
1. It should be based on personal knowledge; PLEADINGS AND SUMMARY JUDGMENTS
2. It shall set forth facts as would be admissible in
evidence; JUDGMENT ON SUMMARY
3. It must show affirmatively that the affiant is THE PLEADINGS JUDGMENT
competent to testify to the matters stated There is an absence There is an issue, but
therein; and of a factual issue in the same is not a
4. Certified true copies of all papers or parts the case because the genuine issue.
referred in the affidavit be attached there to and answer tenders no Controversy is only as
served therewith. issue at all or there is to the amount of
an admission of damages but not as to
Bases of Summary Judgment material allegations. any material fact.
a. Affidavits supporting the motion (Rule 35, Sec. Solely based on the Based on the
5); pleadings. pleadings,
b. Depositions of the adverse party or a third party depositions,
(Rule 23); admissions, and
c. Admissions of the adverse party (Rule 26); or affidavits.
d. Answers to interrogatories under (Rule 25). Available only to a Available to both
claiming party like a plaintiff and
All the above must show that: plaintiff or a defendant.
1. There is no genuine issue as to any material counterclaimant.
fact, EXCEPT damages which must always be On the merits May be interlocutory,
proved; and if partial, or on the
2. The movant is entitled to a judgment as a merits.
matter of law. (see Sec. 3, Rule 35). Can only be initiated If filed by the
when an answer has PLAINTIFF, it must
Even if the answer does tender an issue, and already been filed. be filed at any time
therefore a judgment on the pleadings is not after an answer is
proper, a summary judgment may still be rendered served;
if the issues tendered are not genuine, are sham,
fictitious, contrived, set up in bad faith, and If filed by
patently unsubstantial. (Vergara v. Suelto, G.R. DEFENDANT, it may
No. L-74766, 1987). be filed at any time
even before there is
Affidavits in Bad Faith an answer.
Should it appear that the affidavits are:
a. Presented in bad faith; or 6. CONTENTS OF A JUDGMENT
b. Solely for the purpose of delay,
The court shall order the offending party or Parts of a Judgment
counsel to: The Constitution and the Rules of Court apparently
a. Pay to the other party the amount of reasonable delineate two main essential parts of a judgment,
expenses, which the filing of the affidavits namely:
caused him to incur, including attorney’s fees; 1. The body (ratio decidendi); and
or 2. The decretal or dispositive portion (fallo).
(University of the Philippines v. Dizon, G.R. No.
171182, Aug. 23, 2012)
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Test of Completeness of Dispositive Portion

The general rule is that where there is a conflict In a civil case as well as in a special civil action,
between the fallo, or the dispositive part, and the the disposition should state whether the complaint
body of the decision or order, the fallo prevails on or petition is granted or denied, the specific relief
the theory that the fallo is the final order and granted, and the costs. The following test of
becomes the subject of execution, while the body completeness may be applied:
of the decision merely contains the reasons or 1. The parties should know their rights and
conclusions of the court ordering nothing. obligations;
However, where one can clearly and 2. They should know how to execute the decision
unquestionably conclude from the body of the under alternative contingencies;
decision that there was a mistake in the dispositive 3. There should be no need for further
portion, the body of the decision will prevail. proceedings to dispose of the issues;
(Cobarrubias v. People, G.R. No. 160610, Aug.14, 4. The case should be terminated by according
2009). the proper relief.
The "proper relief" usually depends upon what the
In detail, the essential parts of a good decision parties seek in their pleadings. It may declare their
consist of the following: rights and duties, command the performance of
1. Statement of the case; positive prestations, or order them to abstain from
2. Statement of facts; specific acts. The disposition must also adjudicate
3. Issues or assignment of errors; costs. (Velarde v. Social Justice Society, G.R. No.
4. Court ruling, in which each issue is, as a rule, 159357, Apr. 28, 2004).
separately considered and resolved; and
5. Dispositive portion. 7. RENDITION OF JUDGMENTS AND FINAL
The foregoing parts need not always be discussed ORDERS
in sequence. But they should all be present and
plainly identifiable in the decision. (Velarde v. Rendition of a Judgment
Social Justice Society, G.R. No. 159357, Apr. 28, Rendition of a judgment is the filing of the same
2004). with the clerk of court. (Ago v. Court of Appeals,
G.R. No. L-17898, October 31, 1962) It is not the
According to Article VIII, Section 14 of the writing or signing of the judgment which
Constitution and Rule 36, Section 1 of the Rules of constitutes rendition of the judgment. (Castro v.
Court, a court must state the factual and legal Malazo, A.M. No. 1237-CAR, 1980).
basis for its decisions. Faithful adherence to this is
a paramount component of due process and fair This includes an amended decision because an
play. The losing party is entitled to know why he amended decision is a distinct and separate
lost, so he may appeal to the higher court, if judgment and must follow the established
permitted, should he believe that the decision procedural rule. (Balquidra v. Court of First
should be reversed. Instance of Capiz, G.R. No. L-40490, October 28,
1977) .
A decision that does not clearly and distinctly state
the facts and the law on which it is based leaves Even if the order or judgment has already been put
the parties in the dark as to how it was reached into writing and signed, while it has not yet been
and is precisely prejudicial to the losing party, who delivered to the clerk for filing, it is still subject to
is unable to pinpoint the possible errors of the amendment or change by the judge.|(Ago v. Court
court for review by a higher tribunal. (Philippine of Appeals, G.R. No. L-17898, 1962).
National Bank v. Heirs of Entapa, G.R. No.
215072, 2016) Period to Render a Decision
The court shall decide and serve copies of its
decision to the parties within a period not
exceeding 90 calendar days from the submission
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of the case for resolution, with or without findings of fact and conclusions of law contained
memoranda. (Sec. 1(c), Rule 30). in the decision or order under review. (RIANO,
2019, p. 522).
A case is deemed submitted for resolution upon
admission of all evidence and, if the court so The memorandum decision, to be valid, cannot
requires, the filing of the parties' memoranda or incorporate the findings of fact and the conclusions
conclusion of the oral arguments. (see Sec. 5(g), of law of the lower court only by remote reference,
Rule 30). which is to say that the challenged decision is not
easily and immediately available to the person
Judgment on the Merits reading the memorandum decision. For the
Judgment is on the merits when it amounts to a incorporation by reference to be allowed, it must
legal declaration of the respective rights and duties provide for direct access to the facts and the law
of the parties based upon the disclosed facts. being adopted, which must be contained in a
“Merits” refer to the real or substantial grounds of statement attached to the said decision. (Briones-
action or defense as a matter of substance in law Vasquez v. Court of Appeals, G.R. No. 144882,
as distinguished from technical or collateral Feb. 4, 2005)
grounds as a matter of form. Nonetheless, there
could be a judgment on the merits even if there is As long as the memorandum decision (1) states
no trial. (RIANO, 2019, p. 538). the nature of the case; (2) summarizes the facts
with references to the record; (3) contains a
A judgment dismissing an action for want of statement of the applicable laws and
jurisdiction (over the subject matter) cannot jurisprudence; and (4) contains the tribunal’s
operate as res judicata on the merits. assessment and conclusions on the case, the
constitutional requirement of a valid judgment will
Judgment Sin Perjuicio not be transgressed. (Oil and Natural Gas
A judgment sin perjuicio is traditionally understood Commission v. Court of Appeals, G.R. No.
to be a brief judgment containing only the 114323, Jul. 23, 1998).
dispositive portion, without prejudice to the making
of a more extensive discussion of the findings of Although a memorandum decision is permitted
fact and law to support it. It is not a final decision under certain conditions, the appellate court
and should be avoided and not be looked with cannot merely refer to the findings of fact and the
favor. (Director of Lands v. Sanz, G.R. No. 21183, conclusions of law of the lower court. The court
Aug. 31, 1923) must make full findings of fact and conclusion of
law of its own. (Ong Chiu Kwan v. Court of
Its current use may also refer to a dismissal of an Appeals, G.R. No. 113006, Nov. 23, 2000).
action without prejudice, such as in Sec. 1 of
Rule 17 and Sec. 5 of Rule 7. (RIANO, 2019, p. 8. ENTRY OF JUDGMENT AND FINAL
541). ORDER
Promulgation Entry of Judgment

The process by which a decision is published, If no appeal or motion for new trial or
officially announced, made known to the public or reconsideration is filed within the reglementary
delivered to the clerk of court for filing, coupled period, the judgment or final order shall be entered
with notice to the parties or their counsel. (Lindo v. by the Clerk in the Book of Entries of Judgment.
COMELEC, G.R. No. 95016, Feb. 11, 1991).
The date of the finality of the judgment or final
Memorandum Decision order shall be deemed to be the DATE OF ITS
A memorandum decision is one rendered by an ENTRY. (Sec. 2, Rule 36)
appellate court and incorporates, by reference, the
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Entry of judgment or final order is important for the favored by the suspension of the rules; (e) the lack
reckoning of reglementary periods such as the 5- of any showing that the review sought is merely
year period for execution by motion or the 6-month frivolous and dilatory; and (f) that the other party
period for a petition for relief (Regalado, Remedial will not be unjustly prejudiced thereby. (People v.
Law Compendium, 9th Ed.) Santiago y Magtuloy, G.R. No. 228819, Jul. 24,
2019).
Finality of Judgment
The term “final” when used to describe a judgment When a supervening event renders the execution
may be used in two senses: First, judgment is of a judgment impossible or unjust, the interested
deemed final when it disposes of a case in a party can petition the court to modify the judgment
manner that leaves nothing more to be done by the to harmonize it with justice and the facts. A
court in respect thereto. Second, the judgment is supervening event is a fact which transpires or a
also deemed FINAL when it is no longer new circumstance which develops after a
appealable and is already capable of being judgment has become final and executory. This
executed because the period of appeal has includes matters which the parties were unaware
already lapsed. (RIANO, 2019, p. 530) of prior to or during trial because they were not yet
in existence at that time. (Dy v. Bibat-Palamos,
Doctrine of Immutability of Judgments G.R. No. 196200, Sep. 11, 2013).
General Rule: A decision that has acquired finality
becomes immutable and unalterable, and may no Judgment Nunc Pro Tunc
longer be modified in any respect, even if the The office of a judgment nunc pro tunc is to record
modification is meant to correct erroneous some act of the court done at a former time which
conclusions of fact and law, and whether it be was not then carried into the record, and the power
made by the court that rendered it or by the of a court to make such entries is restricted to
Highest Court of the land. Any act which violates placing upon the record evidence of judicial action
this principle must immediately be struck down. which has been actually taken. (Briones-Vasquez
(Sps. Valarao v. MSC and Co., G.R. No. 185331, v. Court of Appeals, G.R. No. 144882, Feb. 4,
Jun. 8, 2016). 2005).
Exceptions: The exceptions to the immutability of It may be used to make the record speak the truth,
final judgments are: but not to make it speak what it did not speak but
a. Correction of clerical errors; ought to have spoken. (Id.)
b. Nunc pro tunc entries which cause no prejudice
to any party; If the court has not rendered a judgment that it
c. Void judgments; and might or should have rendered, or if it has
d. Whenever circumstances transpire after the rendered an imperfect or improper judgment, it has
finality of the decision rendering its execution no power to remedy these errors or omissions by
unjust and inequitable. (Ocampo v. RPN- ordering the entry nunc pro tunc of a proper
9/Radio Philippines Network, Inc., G.R. No. judgment. (Id.)
192947, 2015)
In all cases the exercise of the power to enter
The immutability of final judgments is not a hard judgments nunc pro tunc presupposes the actual
and fast rule as the Court has the power and rendition of a judgment, and a mere right to a
prerogative to relax the same in order to serve the judgment will not furnish the basis for such an
demands of substantial justice considering: (a) entry. (Id.)
matters of life, liberty, honor, or property; (b) the
existence of special or compelling circumstances; Void Judgments
(c) the merits of the case; (d) a cause not entirely A void judgment is in legal effect no judgment, by
attributable to the fault or negligence of the party which no rights are divested, from which no rights
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can be obtained, which neither binds nor bars any subsequent action based on the same claim or
one, and under which all acts performed and all cause of action. (see Sec. 39(b), Rule 47)
claims flowing out of are void, and considering 2. Conclusiveness of Judgment – the judgment
further, that the decision, for want of jurisdiction of or final order precludes the re-litigation of
the court, is not a decision in contemplation of law, particular issues or facts on a different demand
and, hence, can never become executory, it or cause of action. (see Sec. 39(c), Rule 47)
follows that such a void judgment cannot (San Pedro v. Binalay, G.R. 126207, Aug. 25,
constitute a bar to another case by reason of res 2005)
judicata. (Tambunting, Jr. v. Spouses Sumabat,
G.R. No. 144101, Sep. 16, 2005) Res Judicata – Bar by Prior Judgment
To be an absolute bar to the subsequent action,
The failure of petitioners to allege the key the following requisites must concur:
jurisdictional facts constitutive of unlawful detainer 1. There must be a final judgment or order;
is fatal. Since the complaint did not satisfy the 2. the court rendering it must have jurisdiction
jurisdictional requirement of a valid cause for over the subject matter and the parties;
unlawful detainer, the MCTC corollarily failed to 3. It must be a judgment or order on the merits;
acquire jurisdiction over the case, and thus its and
judgment is a void judgment for lack of jurisdiction. 4. There must be between the two cases identity
It cannot be the source of any right neither can it of parties, subject matter and causes of action.
be the creator of any obligation. (Diaz vs. Spouses (Id.)
Punzalan, G.R. No. 203075, Mar. 16, 2016)
In one case, the plaintiff filed a case for specific
Res Judicata Effect of Final Judgments performance to deliver to him the title and
Res judicata is defined as a matter adjudged; a necessarily the ownership of a parcel of land he
thing judicially acted upon or decided; a thing or allegedly purchased from the defendant, but
matter settled by judgment. (Oropeza Marketing subsequently, he filed a Motion to Withdraw
Corp. v. Allied Banking Corp., G.R. No. 129788, Complaint resulting to its dismissal. Subsequently,
Dec. 3, 2002) the same plaintiff filed an accion reivindicatoria
against the same defendant covering the same
Res judicata aims to accord stability to judgments. parcel of land. The Court held that the
Without it, multiplicity of action would be the order requirements of res judicata were met and thereby
of the day. Do away with the principle and there bars the same by prior judgment. The net effect of
shall be no end to litigation. (San Pedro v. Binalay, the two actions is to peremptorily secure title,
G.R. 126207, Aug. 25, 2005) possession and ownership of the same piece of
land. (Id.)
According to the doctrine of res judicata, an
existing final judgment or decree rendered on the Res Judicata – Conclusiveness of Judgment
merits, and without fraud or collusion, by a court of The general rule precluding the relitigation of
competent jurisdiction, upon any matter within its material facts or questions which were in issue and
jurisdiction, is conclusive of the rights of the parties adjudicated in former action are commonly applied
or their privies, in all other actions or suits in the to all matters essentially connected with the
same or any other judicial tribunal of concurrent subject matter of the litigation. Thus, it extends to
jurisdiction on the points and matters in issue in questions necessarily involved in an issue, and
the first suit. (Agustin v. Spouses Delos Santos, necessarily adjudicated, or necessarily implied in
G.R. No. 168139, Jan. 20, 2009) the final judgment, although no specific finding
may have been made in reference thereto, and
Two Aspects of Res Judicata although such matters were directly referred to in
1. Bar by Prior Judgment – the judgment or final the pleadings and were not actually or formally
order is a bar to the prosecution of a
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presented. (Smith Bell & Co. vs. CA, G.R. No. Sugar Producers Association, Inc. v. Department
56294, May 20, 1991) of Agrarian Reform, G.R. No. 169514, Mar. 30,
2007)
In one case, an accident involving two ships
occurred, and two cases were filed by two different Decisions of lower courts or other divisions of the
sets of cargo owners. The two cases were filed in same court are not binding on others. No grave
different trial courts but both held that Ship 1 is abuse of discretion is committed when a judge
negligent and that it must pay damages to the sets aside an earlier ruling rendered by the
owners of the cargoes in Ship 2. The first case was previous judge in the same trial court branch for
appealed and reviewed by the CA and the SC, the same case, especially when, as in this case, a
respectively, and both courts affirmed the ruling of reversible error had been committed. (Gotesco
the trial court. This case became final and Properties, Inc. v. International Exchange Bank,
executory. However, upon appeal in the CA of the G.R. No. 212262, Aug. 26, 2020)
second case, the latter reversed the trial court
ruling and held that Ship 2 and not Ship 1 was Doctrine of Law of the Case
negligent. Applying the rule of conclusiveness of Law of the case has been defined as the opinion
judgment, the question of which vessel had been delivered on a former appeal. It means that
negligent in the collision had long been settled by whatever is once irrevocably established as the
this Court and could no longer be relitigated. (Id.) controlling legal rule of decision between the same
parties in the same case continues to be the law
Stare Decisis of the case whether correct on general principles
The rule of stare decisis is entrenched in Article 8 or not, so long as the facts on which such decision
of the Civil Code which states that judicial was predicated continue to be the facts of the case
decisions applying and interpreting the laws shall before the court. (Radio Communications of the
form part of the legal system. (Castillo v. Philippines v. CA, G.R. No. 139762, Apr. 26, 2006)
Sandiganbayan, G.R. No. 138231, February 21,
2002) The rationale behind this rule is to enable an
appellate court to perform its duties satisfactorily
The doctrine enjoins adherence to judicial and efficiently, which would be impossible if a
precedents and requires courts in a country to question, once considered and decided by it, were
follow the rule established in a decision of the to be litigated anew in the same case upon any
Supreme Court thereof. (Umali v. Judicial and Bar and every subsequent appeal. (Spouses Sy v.
Council, G.R. No. 228628, Jul. 25, 2017). Young, G.R. No. 169214, June 19, 2013)
The interpretation or construction of a law by This principle finds application in cases where an
courts constitutes a part of the law as of the appellate court passes on a question and remands
date the statute is enacted. It is only when a prior the case to the lower court for further proceedings.
ruling of this Court is overruled, and a different (RIANO, 2019, p. 539)
view is adopted, that the new doctrine may have
to be applied prospectively in favor of parties who In one case, the petitioner filed an injunction
have relied on the old doctrine and have acted in against the private respondent to open the gates
good faith. (Ting v. Velez-Ting, G.R. No. 166562, in an alley over which an easement exists. The
Mar. 31, 2009). RTC, in a summary judgment, ruled in favor of
petitioner, upholding the existence of the
The doctrine of stare decisis is based upon the easement. The CA reversed the RTC, holding that
legal principle or rule involved and not upon the the case should not have been summarily
judgment which results therefrom. In this particular adjudged. The SC then reversed the CA. In so
sense stare decisis differs from res judicata which ruling, the SC held that in another case decided by
is based upon the judgment. (Confederation of the CA (CA-GR No. 13421), the latter denied the
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private respondent’s petition to cancel the 2. The judgment for or against one of them will not
annotation of the easement in his title. The SC necessarily affect the other. (Fernandez v. Sta.
ruled that CA-GR No. 13421 is the law of the case Maria, G.R. No. 160730, 2004)
because clearly, it was brought to determine the
rights of the parties regarding the easement, which It is NOT proper in actions against solidary
is the subject of the controversy in this case, debtors. (Id.)
although as a petition for "cancellation of
annotation," it may have suggested a different Where a common cause of action exists against
cause of action. (Solid Manila Corp. v. Bio Hong the defendants, as in actions against solidary
Trading Co., Inc., G.R. No. 90596, Apr. 8, 1991). debtors, a several judgment is not proper. (De
Leon v. Court of Appeals, G.R. No. 138884, June
Res Judicata v. Law of the Case 6, 2002)
RES JUDICATA LAW OF THE CASE
Judgment for or against one or more of several
Involves the Involves the
parties judgment may be given for or against one
preclusion to the controlling legal rule
or more of several plaintiffs, and for or against one
subsequent action irrevocably
or more of several defendants.
involving the same established on a
parties and same former appeal which
When justice so demands, the court may require
cause of action OR shall govern the
the parties on each side to file adversary pleadings
the finality of the parties in the same
as between themselves and determine their
issues or facts settled case.
ultimate rights and obligations. (Rule 36, Sec. 3)
in the case.
Applies to a Applies only to the Separate Judgment
subsequent case. same case.
Judgment rendered to dispose of one of the
Relates to issues of Relates to questions several claims for relief presented in an action.
fact and law. of law Such judgment terminates the claim, leaving the
(Spouses Sy v. Young, G.R. No. 169214, Jun. 19, action to proceed as to the remaining claims. (Sec.
2013). 5, Rule 36).
Several Judgments When Can Court Render Separate Judgment

It is a judgment rendered by a court, when proper, The court may render a separate judgment when
against one or more defendants and NOT against the following are present:
all of them leaving the action to proceed against 1. There is more than one claim for relief
the others. (Sec. 4, Rule 36). presented in the action; and
2. There is a determination of the issues material
Judgment may be given for or against one or more to a particular claim and all counterclaims
of the several plaintiffs or one or more of the arising out of the transaction, or occurrence
several defendants. When justice so requires, the which is the subject matter of the claim; (Id.)
court may require such parties on each side to file
adversary pleadings as between themselves and The court may render a separate judgment at any
determine their ultimate rights and obligations. stage of the trial. (Id.)
(Sec. 3, Rule 36).
In case of a separate judgment, the court may stay
Several judgment is proper where: its enforcement until rendition of the subsequent
1. The liability of each party is clearly separable judgment/s. The court may likewise prescribe
and distinct from his co-parties such that the conditions to secure the benefit thereof to the party
claims against each of them could have been in whose favor the judgment is rendered. (Id.)
the subject of separate suits, and
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Judgment against Entity without Juridical

Personality
When judgment is rendered against two or more
persons sued as an entity without juridical
personality, the judgment shall set out their
individual or proper names, if known. (Sec. 6, Rule
36).
R. POST-JUDGMENT REMEDIES
1. MOTION FOR NEW TRIAL OR

RECONSIDERATION
Requirements
MOTION FOR NEW TRIAL MOTION FOR RECONSIDERATION
1. Must be in writing; 1. Must be in writing;

2. Must be supported by evidence: 2. Must point out specifically the conclusion/s of
a. If ground is Fraud, Accident, Mistake, or judgment or final order being questioned;
Excusable Negligence (FAME): 3. Grounds:
i. Affidavit of merit setting forth the a. Excessive damages
particular facts claimed to constitute a b. Insufficient evidence (factual ground)
meritorious cause of action; c. Contrary to law (legal ground)
b. If ground is newly-discovered evidence (Rule 37, Sec. 1)
(NDE): 4. Specific assignment of the findings that are
i. Affidavit of new witnesses; and challenged with express reference to
ii. Duly authenticated documents to be testimonial or documentary evidence or to
introduced. provisions of law;
3. Written notice served to adverse party (Sec. 2, 5. Written notice served to adverse party (Sec. 2,
Rule 37) Rule 37)
Effect of Motion for New Trial or

Affidavit of Merit Reconsideration and Notice Thereof
One which recites the nature and character of It suspends or tolls the running of the reglementary
FAME on which the motion for new trial is based. period to appeal. (Sec. 2, Rule 40; Sec. 3, Rule
It must state the movant’s good and substantial 41).
cause of action or defense and the evidence
he/she intends to present if the motion is granted Pro forma Motion (Sec. 2, Rule 37)
which evidence should be such as to warrant A pro forma motion is a motion that does NOT
reasonable belief that the result of the case would comply with Rule 37, i.e., that the motion must:
probably be otherwise. (Nuguid & Nuguid v. a. Point out specifically the findings or
Cariño, G.R. No. L-12379, 1958). conclusions of the judgment as are contrary to
law;
The allegations contained in an affidavit of merit b. Fails to make express reference to the
required to be attached to a motion for a new trial testimonial or documentary evidence or to the
need not be embodied in a separate document but provisions of law alleged to be contrary to such
may be incorporated in the petition itself. (Capuz findings or conclusions;
vs. CA, G.R. No. 112795, 1994) c. Merely intended to delay the proceedings; or
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d. There is no affidavit of merit. (Marikina Valley

Development Corp. v. Flojo, G.R. No. 110801, Example: preventing a witness from testifying or
1995). collusive suppression by plaintiff’s counsel of a
material evidence vital to plaintiff’s cause of action.
A pro forma motion will not stay or suspend the
reglementary period. (Id.). Intrinsic Fraud
Intrinsic fraud takes the form of acts of a party in a
A motion for reconsideration is NOT pro forma just litigation during the trial which did not affect the
because it reiterated the arguments earlier passed presentation of the case but did prevent a fair and
upon and rejected by the appellate court. This is just determination of the case. (Libudan vs. Gil,
because a movant may raise the same arguments G.R. No. L-21163, 1972)
precisely to convince the court that its ruling was
erroneous. (Security Bank v. Cuenca, GR No. Example: use of forged instruments or perjured
151914, 2002) testimony during trial.
Moreover, the rule (that a motion is pro forma if it For the next three grounds – accident, mistake,
only repeats the arguments in the previous and excusable negligence, it must be something
pleadings) will NOT apply if said arguments were which ordinary prudence could not have guarded
not squarely passed upon and answered in the against and by reason of which the party applying
decision sought to be reconsidered. (Ong Yong v. has probably been impaired in his rights. (De
Tiu, GR No. 144476, 2003) Leon, Appellate Remedies, 2013, p.21)
Where the circumstances of a case do not show Accident

an intent on the part of the pleader to merely delay It is an event that takes place without one’s
the proceedings, and his motion reveals a bona reasonable foresight or expectation. (McEntee v.
fide effort to present additional matters or to Manotok, G.R. No. L-14968, 1961)
reiterate his arguments in a different light, the
courts should be slow to declare the same outright Mistake
as pro forma. (Philippine National Bank v. Paneda, The general rule is that only mistakes of fact (as
G.R. No. 149236, 2007). opposed to mistake of law) may be a ground for
new trial. Thus, the petitioner’s claim of having
a. Grounds committed an honest mistake in not filing an
answer to respondent’s petition for prohibition and
MOTION FOR NEW TRIAL declaratory relief because of its belief that the RTC
did not acquire jurisdiction over it was held to be a
Grounds for Motion for New Trial mistake of law which cannot be a ground for new
a. Extrinsic FAME – that which ordinary trial. (Viking Industrial Corporation v. CA GR No.
prudence could not have guarded against and 143794, 2004)
by reason of which such aggrieved party has
probably been impaired in his rights Excusable Negligence
b. Newly-discovered evidence (NDE) – that The test of excusable negligence is whether a
which could not, with reasonable diligence, party has acted with ordinary prudence while
have been discovered and produced at the transacting an important business. (Philippine
trial, and which, if presented, would probably Phosphate Fertilizer Corporation v. Commissioner
alter the result. (Sec. 1, Rule 37) of Internal Revenue, 2005).
Extrinsic Fraud General Rule: Negligence and mistakes of

Extrinsic or collateral fraud connotes any counsel are binding on the client. (Lagua v. Court
fraudulent scheme executed by a prevailing litigant of Appeals, G.R. No. 173390, 2012).
outside the trial of a case against the defeated Exception: Such negligence of a counsel may be
party, or his agents, attorneys, or witnesses a ground for new trial if it is so patent that the party
whereby said defeated party is prevented from is prejudiced and prevented from fairly presenting
presenting fully and fairly his side of the case. his/her case:
(Libudan vs. Gil, G.R. No. L-21163, 1972)
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1. Where the gross negligence of counsel

deprives the client of due process of law; Motion for New Trial in the Court of Appeals
2. When the application of the rule will result in the Rule 53 (Motion for New Trial in the Court of
deprivation of client’s right and the party was Appeals) has its own rules:
prejudiced; and 1. It may be filed anytime after an appeal has
3. Where the interest of justice so requires. been perfected and before the Court of
(Redena vs. CA, G.R. No. 146611, 2007) Appeals loses jurisdiction over the case;
2. The only ground is newly discovered
For a claim of counsel’s negligence to prosper, the evidence. (Sec. 1, Rule 53).
clear abandonment of the client’s cause must be
shown. (Multi-trans Agency v. Oriental Assurance Motion for New Trial in the Supreme Court
G.R. No. 180817, 2009) As a general rule, the judgment of the Court of
Appeals is conclusive as to the facts, and cannot
Newly-Discovered Evidence be reviewed by the Supreme Court Accordingly, in
Requisites: an appeal by certiorari to the Supreme Court, as
1. The evidence was discovered after trial; the latter has no jurisdiction to entertain a motion
2. Such evidence could not have been discovered for new trial on the ground of newly-discovered
and produced at trial despite the exercise of evidence, for only questions of fact are involved
reasonable diligence; therein. Nonetheless, the rule now appears to
3. It is material, not merely cumulative, have been relaxed, if not abandoned, in
corroborative or impeaching; and subsequent cases, as the Court, opting to brush
4. It is of such weight that, if admitted, will aside technicalities, granted new trials to the
probably change the judgment. (Tumang v. CA, convicted accused concerned on the basis of
G.R. Nos. 82346-47, 1989) proposed testimonies or affidavits of persons
which the Court considered as newly discovered
Forgotten Evidence and probably sufficient evidence to reverse the
As distinguished from newly-discovered evidence, judgment of conviction. (Cuenca v. Court of
forgotten evidence may be seen to refer to Appeals, G.R. No. 109870, 1995)
evidence already in existence or available before
or during trial, which was known to and obtainable If an accused has been the victim of an unfair and
by the party offering it, and which could have been partial trial, the Supreme Court will not hesitate to
presented and offered in a seasonable manner order a new trial in the interest of justice. (Martinez
were it not for the oversight or forgetfulness of v. Gironella, G.R. No. L-37635, Jul. 22, 1975)
such party or his counsel. (Tumang v. Court of
Appeals, G.R. No. 82072, 1989). MOTION FOR RECONSIDERATION
The question of whether evidence is newly Grounds for a Motion for Reconsideration
discovered has two aspects: a temporal one a. The damages awarded are excessive;
(where was the evidence discovered), and a b. The evidence is insufficient to justify the
predictive one (when it should or could have been decision or final order (factual question); or
discovered). (Dinglasan v. CA, G.R. No. 145420, c. The decision or final order is contrary to law
2006) (legal question)
(Sec. 1, Rule 37)
If the documents belatedly submitted are public
records, they cannot be considered as “newly The purpose of a motion for reconsideration is for
discovered” since these are readily available and the moving party to point to purported errors in the
accessible and could be secured during trial with
assailed judgment or final order which that party
the use of reasonable diligence. (Heirs of Emilio
Santioque v. Heirs of Emilio Calma, GR No. views as unsupported by law or evidence. It grants
160832, 2006) an opportunity for the court to correct any actual or
perceived error attributed to it by reexamination of
Newly-discovered evidence need not be newly- the legal and factual circumstances of the case.
created evidence. (Tumang v. CA, G.R. Nos. (Gotesco Properties, Inc. v. International
82346-47, 1989) Exchange Bank, G.R. No. 212262, 2020)
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c. Denial Of The Motion; Effect

A winning litigant may also move for
reconsideration of a part or parts of a decision or
MOTION FOR MOTION FOR
final order. (Balanoba v. Madriaga, GR No.
160109, 2005) NEW TRIAL RECONSIDERATION
If denied, not Same as Motion for

Motions for Extension Of Time
appealable; remedy is New Trial
Motions for extension of time to file a motion for
to appeal from the
reconsideration may be filed only in connection
judgment or final order.
with cases pending before the Supreme Court,
(Rule 37, Sec. 9)
which may in its sound discretion either grant or
deny the extension requested. (Habaluyas
If the motion is denied,
Enterprises v Japson, GR No. 70895, 1986; see
the movant has a
also Sec. 2, Rule 40; Sec. 3, Rule 41)
“fresh period” of 15
The Habaluyas ruling applies even if the motion is days from receipt or
notice of the order
filed before the expiration of the reglementary
denying or dismissing
period. (Fernandez v. CA, GR No. 131094, 2005)
the motion for new trial
b. When To File from which to file a
notice of appeal.
(Neypes v. CA, G.R.
MOTION FOR MOTION FOR No. 141524, Sep. 14,
NEW TRIAL RECONSIDERATION 2005)
WHEN TO FILE Exception: appeal

(Rule 37, Sec. 1; Rule 40, Sec. 2; Rule 41, denial via R65
Sec. 3) certiorari on grave
abuse of discretion
Within the period for Same as Motion for amounting to lack or
taking an appeal. This New Trial excess of jurisdiction
is within 15 days if a
notice of appeal is to
be filed or 30 days if a d. Grant Of The Motion; Effect
record on appeal is
required after receipt of MOTION FOR MOTION FOR
notice to the appellant NEW TRIAL RECONSIDERATION
of the judgment or final
order appealed from. GRANT OF MOTION
WHERE TO FILE (Rule 37, Sec. 6)
(Rule 37, Sec. 1) If a new trial is granted, If the court finds that
With the court which Same as Motion for the trial court will set excessive damages
rendered the New Trial. aside the judgment or have been awarded or
questioned judgment final order. The case that the judgment or
stands for trial de novo final order is contrary
or final order.
and will be tried anew. to the evidence or law,
The recorded evidence it may amend such
taken upon the former judgment or final order
trial, insofar as the accordingly.
same is material and
competent to establish
the issues, shall be
used at the new trial
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without retaking the 2. APPEALS

same.
a. Judgments And Final Orders Subject To
Appeal
PARTIAL GRANT OF MOTION
(Rule 37, Sec. 7) Nature of an Appeal
The right to appeal is neither a natural right nor a
A partial new trial is A partial
allowed where less reconsideration is part of due process. It is merely a statutory
than all of the issues allowed when the court privilege and may be exercised only in the manner
are ordered retried. finds that a motion and in accordance with the provisions of law.
The court may either affects the issues of Thus, one who seeks to avail of the right to appeal
enter a judgment or the case as to only a must comply with the requirements of the Rules.
final order as to the part, or less than all of Failure to do so often leads to the loss of the right
rest or stay the the matters in to appeal. (Neypes v. CA, G.R. No. 141524, 2005)
enforcement of such controversy, or only
judgment or final order one, or less than all, of An appeal may be taken only from judgments or
until after new trial. the parties to it. The
final orders that completely dispose of the case.
order may grant a
reconsideration as to (Sec. 1, Rule 37; Sec. 2, Rule 40; Sec. 3, Rule 41)
such issues if
severable without Final Order vs. Interlocutory Order
interfering with the final A final judgment or order is one that finally
judgment or order disposes of a case, leaving nothing more for the
upon the rest. court to do with respect to it. It is an adjudication
on the merits which, considering the evidence
e. Remedy When Motion Is Denied, Fresh presented at the trial, declares categorically what
15-Day Period the rights and obligations of the parties are; or it
may be an order or judgment that dismisses an
A party shall have a FRESH PERIOD of 15 days action. (Neypes v. CA, G.R. No. 141524, 2005)
to file a notice of appeal to the RTC from receipt of
the order denying a motion for new trial or motion An interlocutory order is one which does not in
for reconsideration. (Neypes v. CA, G.R. No.
itself definitely settle or conclude any of the rights
141524, 2005)
of the parties to the action. (Dais v. Garduño, G.R.
This rule shall apply to Rules 40, 41, 42, 43 and No. 25523, 1926)
45 and in criminal cases under Section 6 of Rule
122 of the Revised Rules of Criminal Procedure. An interlocutory order is NOT appealable until after
(Yu vs. Tatad, G.R. No. 170979, 2011) a judgment on the merits has been rendered. (Sec.
1(b), Rule 41).
Note:
1. Rule 40 – Appeals from MTC to RTC Certiorari under Rule 65 may be availed of to
2. Rule 41 – Appeals from RTC to CA from contest an interlocutory order to correct a patent
decisions rendered by the RTC in the exercise
abuse of discretion by the lower Court in issuing
of its original jurisdiction
3. Rule 42 – Petitions for review from RTC to CA the same. (Villalon, Jr. v. IAC, G.R. No. 73751,
from decisions of the RTC in the exercise of its 1986)
appellate jurisdiction
4. Rule 43 – Appeals from Quasi-Judicial Appeals in Criminal Cases
Agencies to CA Where the RTC imposes the death penalty, the CA
5. Rule 45 – Appeals by petition for review on automatically reviews the judgment (Sec. 3[d],
certiorari to SC Rule 122).
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If the CA finds that the death penalty shall be e. Issues To Be Raised On Appeal
imposed, it shall not render judgment but certify
and elevate the case to the SC for review. (Sec. NOTE: The issues that may be raised on appeal
13[a], Rule 124) depend on the kind of appeal filed.
b. Matters Not Appealable 1) Questions of FACT – exists when the doubt

or difference arises as to the truth or the
Please see the discussions under Rule 41. falsehood of alleged facts; or when the query
necessarily invites calibration of the whole
c. Remedy Against Judgments And Orders
evidence considering mainly the credibility of
Which Are Not Appealable witnesses, existence and relevancy of specific
surrounding circumstances, their relation to
In those instances where the judgment or final
each other and to the whole and the
order is not appealable, the aggrieved party may
probabilities of the situation (Sesbreno vs. CA,
file a special civil action for certiorari under Rule
G.R. No. 84096, 1995); (Cirtek Employees
65. (Id.)
Labor Union vs. Cirtek Electronics, Inc., G.R.
d. Modes Of Appeal No. 190515, 2011);
2) Questions of LAW – exists when the doubt or
i. Ordinary Appeal difference arises as to what the applicable law
is on certain state of facts (Sesbreno vs. CA,
An appeal where judgment was rendered by the G.R. No. 84096, 1995); (Cirtek Employees
court in the exercise of its original jurisdiction. It is Labor Union vs. Cirtek Electronics, Inc., G.R.
also known as an appeal by writ of error. (RIANO, No. 190515, 2011);
2019, p. 589). 3) Mixed Questions of FACT and LAW
MODE OF APPEAL
RULE 40 – appeal from MTC to RTC and
RULE 41 – appeal from RTC from its decisions ISSUES TO BE RAISED
rendered in the exercise of its original jurisdiction
Questions of Fact, Law, or Both
ii. Petition For Review (Rule 42)
1) Rule 40 - Appeal from MTC to RTC
An appeal where judgment was rendered by the  Notice of Appeal filed with the MTC and
court in the exercise of its appellate jurisdiction. payment of fees
(Id.)
2) Rule 41 - Appeal from RTC (exercising
iii. Petition For Review On Certiorari (Rule 45) original jurisdiction) to CA
 Notice of Appeal filed with the RTC and
An appeal from a judgment or final order of the payment of fees
Regional Trial Court in the exercise of its original
jurisdiction directly to the Supreme Court on pure 3) Rule 42 - Appeal from RTC (exercising
questions of law. (Id.) appellate jurisdiction) to CA
 Petition for Review filed with RTC with
Note: It also pertains to an appeal from the payment of fees
judgment, final order or resolutions of the Court of
Appeals, Sandiganbayan, Court of Tax Appeals en 4) Rule 43 - Appeal from QJA to CA
banc. (Sec. 1, Rule 45).  Petition for Review filed with CA with
payment of fees
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5) Rule 45 - Appeal from CA, CTA en banc, 4. When there is a grave abuse of
and Sandiganbayan to SC discretion in the appreciation of facts;
 Petition for Review on Certiorari 5. When the appellate court, in making its
filed with the SC with payment of findings, went beyond the issues of the
fees case and such findings are contrary to
the admissions of both appellant and
Generally, Question of Law Only appellee;
6. When the judgment of the Court of
1) Rule 45 - Appeal from RTC to SC. Appeals is premised on a
 Petition for Review on Certiorari misapprehension of facts;
filed with the SC with payment of 7. When the Court of Appeals failed to
fees notice certain relevant facts which, if
properly considered, would justify a
Exceptions (may raise questions of fact): different conclusion;
Based on SC Circulars: 8. When the findings of fact are
1. Writ of Amparo themselves conflicting;
2. Writ of Habeas Data 9. When the findings of fact are
3. Writ of Kalikasan conclusions without citation of the
specific evidence on which they are
Exceptions Based on Jurisprudence: based; and
1. When the factual findings of the Court of 10. When the findings of fact of the Court of
Appeals and the trial court are Appeals are premised on the absence
contradictory; of evidence but the evidence on record
2. When the conclusion is a finding contradicts such findings. (Local
grounded entirely on speculation, Superior vs. Jody King, G.R.
surmises, or conjectures; No. 141715, 2005)
3. When the inference made by the Court
of Appeals from its findings of fact is
manifestly mistaken, absurd, or
impossible;
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f. Period Of Appeal
REMEDY PERIOD
Rule 37 MR/MNT - Within 15 days (if notice of appeal) or 30 days (if record on appeal) from
notice of final judgment or final order (Sec. 1, Rule 37 in relation to Sec.
2, Rule 40; Sec. 3, Rule 41).
- No extension allowed (Id.)
- 2nd MR not allowed (Sec. 5, Rule 37)
Rule 38 Petition for Relief - Within 60 days after knowledge but not more than 6 months after entry
from Judgment of judgment
- Non-extendible (Sec. 3, Rule 38).
Rule 40 Appeal from MTC - Within 15 days (if notice of appeal) or 30 days (if record on appeal) from
to RTC notice of final judgment or final order (Sec. 2, Rule 40).
- MR/MNT will toll the period to file appeal; fresh period is given from
receipt of order of denial of MNT/MR (Neypes v. CA, G.R. No. 141524,
2005).
- Non-extendible (Sec. 2, Rule 40)
- Full payment of appeal fees within the period to appeal (Sec. 5, Rule
40)
Rule 41 Appeal from RTC - Within 15 days (if notice of appeal)) or 30 days (if record on appeal)
(original) to CA from notice of final judgment or final order (Sec. 3, Rule 41).
- MR/MNT will toll the period to file appeal; fresh period is given from
receipt of order of denial of MNT/MR (Neypes v. CA, G.R. No. 141524,
2005).
- Non-extendible (Sec. 3, Rule 41).
- Full payment of appeal fees within the period to appeal (Sec. 4, Rule
41).
Rule 42 Petition for Review - Within 15 days from notice of decision (Sec. 1, Rule 42).
from RTC (appellate) to CA - Extendible for 15 days upon proper motion and payment of the full
amount of docket and other lawful fees and deposit for costs before the
expiration of the reglementary period (Id.).
- Extendible again up to 15 days but only based on the most compelling
reasons (Id.).
Rule 43 Appeals from - 15 days from notice of the award, judgment, final order or resolution, or
quasi-judicial agencies to from the date of its last publication, if publication is required by law for
CA its effectivity, or of the denial of petitioner's motion for new trial or
reconsideration duly filed in accordance with the governing law of the
court or agency a quo (Sec. 4, Rule 43).
- Only one (1) motion for reconsideration shall be allowed (Id.).
- Extendible again up to 15 days but only based on the most compelling
reasons (Id.).
Rule 45 Petition for review - Within 15 days from notice of the judgment or final order or resolution
on certiorari from RTC, CA, appealed from, or of the denial of the petitioner's motion for new trial or
CTA En Banc to the SC reconsideration (Sec. 2, Rule 45).
- Extendible for 30 days on justifiable reasons upon motion duly filed and
served, with full payment of the docket and other lawful fees and the
deposit for costs before the expiration of the reglementary period (Id.).
Rule 47 Annulment of - Extrinsic fraud: 4 years from discovery (Sec. 3, Rule 47).
Judgments - Lack of jurisdiction: before it is barred by laches or estoppel (Id.).
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RULE 64 Review of - Within 30 days from notice of the judgment or final order or resolution
Judgments and Final sought to be reviewed. (Sec. 3, Rule 64).
Orders or Resolutions of - MR or MNT, if allowed under the procedural rules of the Commission
COMELEC and the COA concerned, shall interrupt the period herein fixed (no fresh period)
(Lokin, Jr. v. Commission on Elections, G.R. No. 193808, Jun. 26,
2012).
- If the motion is denied, the aggrieved party may file the petition within
the remaining period, which shall not be less than 5 days, reckoned
from notice of denial. (Sec. 3, Rule 64).
Rule 65 – Certiorari, - Within 60 days from notice of the judgment, order or resolution (Sec.
Prohibition, Mandamus 4, Rule 65).
- MR/MNT will trigger fresh period of 60 days from receipt of order of
denial (Id.).
with each part susceptible of being finally

g. Perfection Of Appeal determined and terminated independently of the
other parts. (Id.)
Rules 40 And 41
Rule 42
1. If by notice of appeal:
- Appeal is deemed perfected as to the party How to Appeal
appealing upon the filing of the notice of Appeal is perfected as to petitioner upon timely:
appeal and full payment of appeal fees in 1. FILING of a notice of appeal within 15 or 30
due time. days from notice of judgment or final order with
the court that rendered it, and SERVE upon the
2. If by record on appeal: adverse party; and
- Appeal is deemed perfected as to the party 2. PAYMENT of the full amount of the appellate
appealing upon the approval of the record on court docket and other legal fees to the clerk of
appeal filed in due time. (Sec. 4, Rule 40; Sec. the court which rendered the judgment or final
9, Rule 41) order. (BUT, failure to pay warrants only
discretion to dismiss the appeal.) (Sec. 3, Rule
40)
NOTICE OF APPEAL RECORD ON
APPEAL The notice of appeal should indicate:
1. Parties to the appeal.
An appeal by notice of The record on appeal 2. Date of judgment or final order or part thereof
appeal is the elevation enables the trial court appealed from.
of the original records to continue with the 3. Court to which the appeal is being taken; and
to the appellate court. rest of the case Material dates showing the timeliness of the
because the original appeal (i.e., when the judgment or final order was
records remain with received, when the motion for reconsideration or
the trial court even as it new trial was filed, and when denial of the motion
affords the appellate for reconsideration or motion for new trial was
court the full received) (i.e., Material Data Rule). (Id.).
opportunity to review
and decide the Participation of the Solicitor General During
appealed matter.
Appeal
(De Leon, Appellate Remedies, 2013, p. 53, citing According to Book IV, Title III, Chapter 12, Section
Lebin vs. Mirasol, G.R. No. 164255, 2011) 35(1) of the Administrative Code of 1987, the
Office of the Solicitor General shall “represent the
The ostensible reason for requiring a record on
Government in the Supreme Court and the Court
appeal instead of only a notice of appeal is the
multi-part nature of nearly all special proceedings, of Appeals in all criminal proceedings; represent
the Government and its officers in the Supreme
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Court and Court of Appeals, and all other courts or an appeal. (Crisologo v. Daray A.M. No. RTJ-07-
tribunals in all civil actions and special 2036, 2006)
proceedings in which the Government or any
officer thereof in his official capacity is a party.” Record on Appeal
A record of appeal is required only in:
The Solicitor General is the sole representative of a. Certain kinds of special proceedings; or
the People of the Philippines in appeals before the b. Other cases of multiple or separate appeals.
CA and the SC. Failure to have a copy of a petition (Sec. 3, Rule 40)
served on the People of the Philippines, through
the OSG, is a sufficient ground for the dismissal of The record of appeal should:
the petition as provided in Section 3, Rule 42 of the 1. State the full names of the parties to the
Rules of Court. (People v. Duca, G.R. No. 171175, proceedings in its caption
2009) 2. Include:
i. Judgment or final order from which the
If there is a dismissal of a criminal case by the trial appeal is taken.
court or if there is an acquittal of the accused, it is ii. In chronological order, copies of such
only the OSG that can bring an appeal on the pleadings, petitions, motions, and all
criminal aspect representing the People, the State interlocutory orders as are related to the
being the real party in interest in the criminal case. appealed judgment or final order for the
(People v. Piccio, et al., G.R. No. 193681, 2014) proper understanding of the issue involved;
and
h. Appeal From Judgments Or Final Orders iii. Such data as will show that the appeal was
Of The Mtc (Rule 40) perfected on time.
3. Contain a subject index, if it exceeds 20 pages.
Where to Appeal (Sec. 3, Rule 40 in relation to Sec. 6, Rule 41).
The appeal may be taken to the RTC exercising
jurisdiction over the area to which the former Copies of the notice of appeal and the record on
pertains. (Rule 40, Sec. 1) appeal (when required) shall be served on the
adverse party.
The title of the case shall remain as it was in the
court of origin, but the party appealing shall be Material Data Rule
further referred to as the appellant and the adverse The material dates required to be stated in the
party, the appellee. petition are the following:
1. The date of receipt of the judgment or final
After an appeal to the RTC has been perfected, order or resolution subject of the petition;
the MTC loses jurisdiction over the case and any 2. The date of filing of a motion for new trial or
motion for the execution of the judgment should be reconsideration, if any; and
filed with the RTC (Rule 40, Section 1), subject to 3. The date of receipt of the notice of the denial of
the MTC’s residual jurisdiction under Rule 41, the motion. (Castilex Industrial Corp. v.
Section 9 in relation to Rule 40, Section 4. Vasquez, Jr., G.R. No. 132266, 1999).
Mode of Appeal The whole purpose of the statutory and

The appeal is taken by filing a notice of appeal reglementary requirements on material dates is to
with the court that rendered the judgment or final established the timeliness of the appeal or petition
order appealed from. (Sec. 3, Rule 40) for review, since otherwise, the appealed decision
would already be final and executory and the
The notice of appeal does not require the approval appellate or reviewing court would be rendered
of the court. The function of the notice of appeal without jurisdiction, where there exist no valid
is merely to notify the trial court that the appellant grounds to seek relief from final judgment.
was availing of the right to appeal, and not to seek (Canturna v. Court of Appeals, G.R. No. L-40934,
the court’s permission that he be allowed to pose [Apr. 30, 1976)
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Exceptions: The following instances warrant a

Appellate Court Docket and Other Lawful Fees relaxation of the application of rules on payment of
Within the period for taking an appeal, the docket fees:
appellant shall pay to the Clerk of the Court which a. Most persuasive and weighty reasons;
rendered the judgment or final order appealed b. To relieve a litigant from an injustice not
from, the full amount of the appellate court docket commensurate with his/her failure to comply
and other lawful fees. (Sec. 5, Rule 40) with the prescribed procedure;
c. Good faith of the defaulting party by
Proof of payment shall be transmitted to appellate immediately paying within a reasonable time
court together with the original record or the record from the time of default;
on appeal, as the case may be. (Id.) d. The existence of special or compelling
circumstances;
Note: It is the responsibility of the MTC clerk of e. The merits of the case;
court to attach appellant’s proof of payment to the f. A cause not entirely attributable to the fault or
original record. Whatever omission or negligence negligence of the party favored by the
on the part of such clerk of court should not suspension of the rules;
adversely affect the appellant. (De Leon, Appellate g. A lack of any showing that the review sought is
Remedies, 2013, p. 42) merely frivolous and dilatory;
h. The other party will not be unjustly prejudiced
Payment of docket fees within the period to appeal thereby;
is MANDATORY for the perfection of an appeal. i. Fraud, accident, mistake or excusable
Without such payment, the appellate court does negligence without appellant’s fault;
not acquire jurisdiction over the subject matter of j. Peculiar legal and equitable circumstances
the action and the decision sought to be appealed attendant to each case;
becomes final and executory. (Alfonso vs. Andres, k. In the name of substantial justice and fair play.;
G.R. 139611, 2002). l. Importance of the issues involved; and
m. Exercise of sound discretion by the judge
The payment of the appellate docket fee is not a guided by all the attendant circumstances.
mere technicality of law or procedure but an (Villena v. Rupisan, GR No. 167620, 2007)
essential requirement for the perfection of an
appeal (Enriquez vs. Enriquez, G.R. No. 139303, Considerations in Invoking Liberality
2005), and without which, the decision or final The party invoking liberality should adequately
order appealed from would become final and explain his failure to abide by the rules. (Navarro
executory, as if no appeal was filed at all. (Sps. vs. Metrobank, G.R. No. 138031, 2004)
Manalili vs. Sps. De Leon, G.R. No. 140858, 2001)
Anyone seeking an exemption has the burden of
Note: While, in appealed cases, the full payment proving that exceptionally meritorious instances
of the appellate docket fees within the prescribed exist which warrant departure from the Rule (RP
period is mandatory, even jurisdictional, the vs. CA, G.R. No. 129846, 2000).
decision to dismiss the case is only discretionary
as opposed to automatic dismissal of the appeal. Duty of the Clerk of Court
(De Leon, Appellate Remedies, 2013, p. 41) This Within fifteen (15) days from the perfection of the
is true under Rule 40 (Badillo v. Tayag, G.R. No. appeal, the clerk of court or the branch clerk of
143976, 2003) court of the lower court shall transmit the original
record on appeal, together with the transcripts and
General Rule: The court will dismiss the appeal exhibits, which he/she shall certify as complete, to
when there is no full payment of appellate docket the proper RTC.
fees within the prescribed period to appeal.
A copy of his/her letter of transmittal of the records
shall be furnished the parties. (Rule 40, Sec. 6)
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Note: Still, it must be emphasized that the

reckoning point for the RTC to acquire jurisdiction Notice Requirement
over the appeal is NOT the receipt of the letter of The notice to be sent to the parties cannot be
transmittal and of the notice of appealed case, but downplayed as a mere formality, for it is such
the timely filing of the notice of appeal in notice which sets in motion the appellate
accordance with Sec. 9, Rule 41. (De Leon, procedure before the RTC and the running of the
Appellate Remedies, 2013, p. 44) prescriptive period within which the appellant must
file his/her appeal memorandum.
Residual Jurisdiction of the Court
Prior to the transmittal of the original record or Moreover, the notice must be categorical enough
record on appeal, the court which rendered in stating that the RTC has already received the
judgement may: records of the case. If there is no such notice or
a. Issue orders for the protection and preservation the notice is defective in that it does not contain a
of the rights of the parties, which do not involve statement that the RTC is already in possession of
any matter litigated by the appeal. the records of the case, the appellant stands to
b. Approve compromises; lose his/her right to seek a judicial review of his/her
c. Permit appeals of indigent litigants; case.
d. Order execution pending appeal in accordance
with Sec. 2, Rule 39; and Thus, a notice to the effect that a case under
e. Allow withdrawal of the appeal. (Sec. 9, Rule appeal “is entered in the Docket Book of the RTC”
41). was deemed insufficient to commence the appeal
before the RTC and the running of the 15-day
Procedure in the Regional Trial Court period within which the appellant must file his
1. Upon receipt of the complete record or the appeal memorandum. (De Leon, Appellate
record on appeal, the clerk of court of the RTC Remedies, 2013, p. 45)
shall notify the parties of such fact;
2. Within fifteen (15) days from notice, it shall be The RTC Can Decide Errors Not Assigned in
the duty of the appellant to submit a the Appeal Memorandum
MEMORANDUM OF APPEAL to briefly The RTC presently decides all appeals from the
discuss the errors imputed to the lower court, MTC based on the entire record of the
and a copy shall be furnished by him/her to the proceedings had in the court of origin and such
adverse party; memoranda or briefs as may be submitted by the
3. Within fifteen (15) days from receipt of the parties or required by the RTC. As a
appellant’s memorandum, the appellee may consequence, the RTC, in exercising its appellate
file his/her MEMORANDUM OF APPEAL; and jurisdiction (i.e., in appeals from MTC to RTC), is
4. Upon filing of the memorandum of the appellee, not limited to errors assigned in the appeal
OR the expiration of the period to do so, the memorandum.
case shall be considered SUBMITTED FOR
DECISION. (Sec. 7, Rule 40) Thus, in Macaslang v. Zamora (G.R. No. 156375,
2011), it was held that the RTC, as an appellate
The RTC shall decide the case on the basis of the court, could rule on the failure of the complaint to
entire record of the proceedings in the court of state a cause of action and the lack of demand to
origin and such memoranda as are filed. (Sec. vacate even if not assigned in the appeal. (De
7(c), Rule 40). Leon, Appellate Remedies, 2013, p. 49)
Failure of the APELLANT to file a memorandum Appeal from Orders Dismissing Case Without
shall be a ground for the dismissal of the appeal. Trial; Lack of Jurisdiction
The requirement for the submission of appellant’s If an appeal is taken from an order of the lower
memorandum is a mandatory and compulsory court dismissing the case without a trial on the
rule. Non-compliance therewith authorizes the merits, the Regional Trial Court may affirm or
dismissal of the appeal. (Sec. 7(b), Rule 40). reverse it, as the case may be. (Sec. 8, Rule 40).
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APPEAL FROM THE REGIONAL TRIAL

If the ground for dismissal in the MTC is lack of COURTS (Rule 41)
jurisdiction:
A. If the RTC affirms the dismissal: Subject of Appeal
a. It shall try the case on the merits as if the As mentioned, an appeal may be taken only from
case was originally filed with it, if it has judgments or final orders that completely
jurisdiction over the subject matter; or dispose of the case. An interlocutory order is
b. It shall not try the case if it has no jurisdiction NOT appealable until after judgment on the merits
over the subject matter. has been rendered. (Sec. 1, Rule 37; Sec. 2, Rule
B. If the RTC reverses the dismissal, the case 40; Sec. 3, Rule 41)
shall be remanded to the MTC for further
proceedings. Matters Not Appealable
(Sec. 8, Rule 40). No appeal may be taken from:
1. An order denying a petition for relief or any
Appeal from Orders Dismissing Case With similar motion seeking relief from judgment;
Trial; Lack of Jurisdiction 2. An interlocutory order;
If the case was tried on the merits by the lower 3. An order disallowing or dismissing an appeal;
court without jurisdiction over the subject matter, 4. An order denying a motion to set aside a
the RTC on appeal, shall NOT dismiss the case if judgment by consent, confession or
it has original jurisdiction thereof, BUT shall decide compromise on the ground of fraud, mistake or
the case WITHOUT prejudice to the admission of duress, or any other ground vitiating consent;
amended pleadings and additional evidence in the 5. An order of execution;
interest of justice. (Id.) 6 A judgment or final order for or against one or
more of several parties or in separate claims,
Applicability of Rule 41 counterclaims, cross-claims, and third party
The other provisions of Rule 41 shall apply to complaints, while the main case is ending,
appeals provided in this Rule. Thus, the inferior unless the court allows an appeal therefrom;
courts also exercise residual jurisdiction in the and
same manner provided under paragraph 5, 7. An order dismissing an action without
Section 9 of Rule 41. (Rule 40, Sec. 9) prejudice. (Section 1, Rule 41)
i. Appeal From Judgments And Final Orders In all the above instances where the judgment or
Of The RTC final order is not appealable, the aggrieved party
may file an appropriate special civil action under
Three Modes of Appeal Rule 65. (Id.).
A. RULE 41 – Ordinary Appeal or Appeal by Writ
of Error by Notice of Appeal from RTC, Issues Cannot be Raised For the First Time on
exercising original jurisdiction, to the CA. Appeal
B. RULE 42 – Petition for Review from RTC, General Rule: Parties cannot raise issues for the
exercising appellate jurisdiction, to the CA. first time on appeal.
C. RULE 45 – Petition for Review on Certiorari or Exceptions:
Appeal by Certiorari by Appeal to SC from a. Grounds not assigned as errors but affecting
decisions of the RTC in its original jurisdiction, jurisdiction over the subject matter;
only on questions of law (RIANO, 2019, p. 589; b. Matters not assigned as errors on appeal but
Five Star Marketing Corp v. Booc, G.R. No. are evidently plain or clerical errors within
133331, 2007) contemplation of law;
c. Matters not assigned as errors on appeal but
consideration of which is necessary in arriving
at a just decision and complete resolution of the
case or to serve the interests of justice or to
avoid dispensing piecemeal justice;
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d. Matters not specifically assigned as errors on Modes of Appeal from RTC

appeal but raised in the trial court and are
ORDINARY PETITION APPEAL BY
matters of record having some bearing on the
APPEAL FOR REVIEW CERTIORARI
issue submitted which the parties failed to raise
(RULE 41) (RULE 42) (RULE 45)
or which the lower court ignored;
e. Matters not assigned as errors on appeal but Appeal to the Appeal to the Appeal to the
closely related to an error assigned; and Court of Court of Supreme
f. Matters not assigned as errors on appeal but Appeals in Appeals in Court in all
upon which the determination of a question cases decided cases decided cases decided
properly assigned, is dependent. (Spouses by the RTC in by the RTC in by the RTC
Devisfruto v. Greenfell, G.R. No. 227725, its original the exercise of where only
2020) jurisdiction. its appellate questions of
jurisdiction. law are raised
Rule 41 vs. Rule 42 or involved
ORDINARY APPEAL PETITION FOR
(Rule 41) REVIEW Appeal to SC
(Rule 42) from the CA,
Sandiganbaya
Appeal is not a right Discretionary. n, CTA en
but a statutory banc, where
privilege; thus, appeal questions of
must be made strictly fact, law, or
in accordance with the both are
provision set by law. raised.
(Enriquez vs.
Enriquez, G.R. No. By NOTICE By PETITION By PETITION
139303, 2005) OF APPEAL FOR REVIEW FOR REVIEW
with the court filed with the ON
All the records are No records are which Court of CERTIORARI
elevated from the court elevated unless the rendered the Appeals in filed with the
of origin. court decrees it. judgment or accordance Supreme
final order with Rule 42 Court in
Notice and record on Filed with the Court of appealed from and serving a accordance
appeal if required are Appeals. (i.e., RTC) and copy thereof with Rule 45
filed with the court of serving a copy upon the and serving a
origin; thereof upon adverse party. copy thereof
The case was decided The case was decided the adverse upon the
by the RTC pursuant to by the RTC pursuant to party. adverse party.
its original jurisdiction. its appellate
jurisdiction (i.e., the RECORD OF
case emanated from APPEAL shall
the MTC). be required
only in:
Period to file is a Period to file is a 1. Special
matter of right but is matter of right and is proceedings;
NON-EXTENDIBLE. EXTENDIBLE. 2. Multiple or
separate
appeals where
the law or the
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Rules so Period of Ordinary Appeal; Appeal in Habeas

require. Data Cases (A.M. No. 08-1-16-SC, Sec. 19)
1. The period of appeal shall be five (5) working
Questions of Questions of Question of (not calendar) days from the date of notice of
fact or mixed fact, of law, or law only from the judgment or final order.
questions of mixed judgment or 2. Appeal shall be made directly to the Supreme
fact and law questions of final order Court under Rule 45 where questions of fact or
fact and law rendered by of law or both may be raised.
RTC in the
exercise of its Period of Ordinary Appeal; Appeal in Writ of
original Amparo Cases (A.M. No. 07-9-12-SC, Sec. 19)
jurisdiction. 1. The period of appeal shall be five (5) working
(not calendar) days from the date of notice of
Questions of the adverse judgment.
fact, law, or 2. Appeal shall be made directly to the Supreme
both from Court under Rule 45 where questions of fact or
decisions of of law or both may be raised.
the CA,
Sandiganbaya Period of Ordinary Appeal; Appeal in Writ of
n, or CTA en Kalikasan Cases (A.M. No. 09-6-8-SC, Section
banc. 16)
1. The period of appeal shall be fifteen (15)
working (not calendar) days from the date of
Special Cases
notice of the adverse judgment.
i. RTC acting as Special Agrarian Court – 2. Appeal shall be made directly to the Supreme
Petition for review to CA Court under Rule 45 where questions of fact or
ii. RTC acting as a Commercial Court – of law or both may be raised.
Petition for review to CA
Rule on Filing Appeal Within Reglementary
Period of Ordinary Appeal; Period; Exception
 Fifteen (15) days from notice of the judgment General Rule: The failure to timely perfect an
or final order appealed from. appeal cannot simply be dismissed as a mere
 If a record on appeal is required, file notice of technicality, for it is jurisdictional. (Nuñez v. GSIS
appeal and record on appeal within thirty (30) Family Bank, G.R. No. 163988, Nov. 17, 2005)
days from notice of the judgment or final order. Exception: If there has been extrinsic FAME, then
 In HABEAS CORPUS cases, forty-eight (48) resort to Petition for Relief from Judgment under
hours from notice of judgment or final order Rule 38 may be had. (Habaluyas v. Japson, G.R.
appealed from. No. 70895, 1986)
 The period shall be interrupted by a timely
Motion for New Trial or Motion for Appellate Court Docket and Other Lawful Fees
Reconsideration. Within the period for taking an appeal, the
 No motion for extension of time to file a Motion appellant shall pay to the Clerk of the Court, which
for Reconsideration or Motion for New Trial rendered the judgment or final order appealed
shall be allowed (same rule as MTC-RTC from, the full amount of the appellate court docket
appeals), except in cases pending with the and other lawful fees. (Rule 41, Sec. 4)
Supreme Court. (Rule 41, Section 3)
Proof of payment shall be transmitted to appellate
court together with the original record or the record
on appeal, as the case may be. (Id.)
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Please refer to the previous discussions on A record on appeal does not have to be set for
General Rule and Exceptions with regard to hearing in the trial court by the appellant, as it is
Payment of Docket Fees under Rule 40. deemed submitted for approval upon its filing and
the rule merely requires the adverse party to file
Notice of Appeal any objection thereto within five (5) days.
The notice of appeal must:
1. Indicate the parties to the appeal; Joint Record on Appeal
2. Specify judgment or final order or part thereof Can be applied when both parties are appellants.
appealed from; (Rule 41, Sec. 8)
3. Specify the court to which the appeal is being
taken; and Perfection of Appeal; Effect Thereof
4. State the material dates showing the timeliness Upon the timely filing of a notice of appeal and the
of the appeal. (Rule 41, Section 5) payment of the corresponding docket and other
lawful fees, the appeal is deemed perfected as to
Record on Appeal the appellant. (Rule 41, Sec. 9)
The Record on Appeal shall include:
1. The full names of all the parties to the In appeals by notice of appeal, the court loses
proceedings shall be stated in the caption jurisdiction over the case upon the perfection of
2. The judgment or final order from which the the appeals filed in due time and the expiration of
appeal is taken. the time to appeal of the other parties. (Id.).
3. In chronological order, copies of only such
pleadings, petitions, motions and all In appeals by record on appeal, the court loses
interlocutory orders as are related to the jurisdiction only over the subject matter thereof
appealed judgment or final order for the proper upon the approval of the records on appeal filed in
understanding of the issues involved; and due time and the expiration of the time to appeal
4. Together with such data as will show that the of the other parties. (Id.).
appeal was perfected on time (i.e., Material
Data Rule). (Rule 41, Sec. 6) In either case, prior to the transmittal of the original
record or the record on appeal, the court may
Approval of Record on Appeal exercise residual powers – to issue orders for the
Upon filing of the record on appeal for approval protection and preservation of the rights of the
AND if no objection is filed by the appellee within parties which do not involve any matter litigated by
five (5) days from receipt of the copy thereof the the appeal, approve compromises, permit appeals
RTC may: of indigent litigants, order execution pending
a. Approve it as presented; OR appeal in accordance with Section 2 of Rule 39,
b. Upon its own motion or at the instance of the and allow withdrawal of the appeal. (Id.).
appellee, may direct its amendment by the
inclusion of any omitted matters which are Execution Pending Appeal
deemed essential to the determination of the
issue of law or fact involved in the appeal. (Rule General Rule: A perfected appeal stays the
41, Sec. 7) challenged judgment or final order; such judgment
or final order cannot yet be the subject of a motion
If the trial court orders the amendment thereof, the for execution (except in instances where execution
appellant shall redraft the record by including pending appeal is allowed). (Id.).
therein, in their proper chronological sequence,
such additional matters as the court may have Exception: The law, the Rules, or the Court of
directed him/her to incorporate, and shall Appeals, provide otherwise. (Id.)
thereupon submit the redrafted record for
approval, upon notice to the appellee, in like This is NOT applicable to civil cases under the
matter as the original draft. (Id.). Rule on Summary Procedure which provides that
the decision of the RTC in civil cases governed by
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said Rule, including forcible entry and unlawful Transcript

detainer cases; shall be immediately executory Upon perfection of the appeal, the clerk shall
without prejudice to a further appeal that may be immediately direct stenographers concerned to
taken therefrom. (Id., see also Sec. 25, Revised attach to the record of the case:
Rules on Summary Procedure) 1. 5 copies of the transcripts of the testimonial
evidence referred to in the record on appeal.
Rehabilitation proceedings are not bound by 2. Transcription of such testimonial evidence.
procedural rules spelled out in the Rules of Court. 3. An index containing the names of the
The Interim Rules of Procedure for Corporate witnesses and the pages where their
Rehabilitation, not the Rules of Court, was the testimonies could be found; and
procedural law governing rehabilitation 4. List of exhibits and pages wherein they appear.
proceedings. To quote Rule 3, Section 5 of the (Sec. 11, Rule 41)
Interim Rules: “A petition for review or an appeal
therefrom shall not stay the execution of the order Transmittal
unless restrained or enjoined by the appellate The branch clerk of court of the RTC shall transmit
court.” (Home Guaranty Corporation vs. La Savoie to the appellate court the original record or the
Development Corporation, G.R. No. 168616, approved record on appeal:
2015) 1. Within 30 days from the perfection of the
appeal;
Duty of the Clerk of Court of the Lower Court 2. With proof of payment of the appellate court
upon Perfection of Appeal docket and other lawful fees;
Within thirty (30) days after perfection of all the 3. A certified true copy of the minutes of the
appeals in accordance with the preceding section, proceedings;
it shall be the duty of the clerk of court of the lower 4. An order of approval;
court: 5. A certificate of correctness;
1. To verify the correctness of the original record 6. Original documentary evidence; and
or the record on appeal, as the case may be, 7. Original and three copies of the transcript.
and to make a certification of its correctness; (Sec. 12, Rule 41)
2. To verify the completeness of the records that
will be transmitted to the appellate court; Dismissal of Appeal
3. If found to be incomplete, to take such PRIOR to the transmittal of the original record or
measures as may be required to complete the the record on the appeal to the appellate court, the
records, availing of the authority that he or the trial court may, motu proprio or on motion,
court may exercise for this purpose; and dismiss the appeal for having been taken out of
4. To transmit the records to the appellate court. time OR for non-payment of the docket and other
(Sec. 10, Rule 41) lawful fees within the reglementary period. (Sec.
13, Rule 41)
If the efforts to complete the records fail, he shall
indicate in his letter of transmittal the exhibits or Rule 41 does not allow a trial court to disallow an
transcripts not included in the records being appeal on grounds other than an appeal being
transmitted to the appellate court, the reasons for taken out of time or non-payment of docket and
their non-transmittal, and the steps taken or that other fees within reglementary period. Rule 41 is
could be taken to have them available. an appeal as a matter of right, once it is perfected,
only the CA may disallow an appeal (Kho v.
The clerk of court shall furnish the parties with Camacho, G.R. No. 82789, 1991)
copies of his letter of transmittal of the records to
the appellate court. (Id.).
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PETITION FOR REVIEW FROM THE REGIONAL Covers questions of Appeals to the Court of
TRIAL COURT TO THE COURT OF APPEALS fact, law or both. Appeals from the
(Rule 42) Regional Trial Court
An appeal on pure under this rule MAY be
How Appeal Taken Time for Filing questions of law made on questions of
Requisites: cannot be taken to the fact or of law or on
1. File a verified petition for review with the Court Court of Appeals and mixed questions of fact
of Appeals within 15 days from notice of the such improper appeal and law
decision or of the denial of Motion for will be dismissed
Reconsideration/Motion for New Trial; pursuant to Section 2,
 The Court of Appeals may grant an Rule 50 of the Rules of
additional period of 15 days within which to Court.
file the petition for review. No further
extension shall be granted except for the Note: An appeal taken
most compelling reason and in no case to to either the Supreme
exceed 15 days. Court or the Court of
2. Pay docket and lawful fees and deposit Appeals by the wrong
P500.00 to the Clerk of Court of the Court of or inappropriate mode
Appeals; shall be dismissed. No
3. Furnish the Regional Trial Court and adverse transfers of appeals
party with a copy of the petition (Sec. 1, Rule erroneously taken to
42). the Supreme Court or
to the Court of Appeals
RULE 41 RULE 42 to whichever of these
Tribunals has
Refers to regular Governs appeals from appropriate appellate
appeals from the RTC the decision of the jurisdiction will be
exercising original RTC in the exercise of allowed; continued
jurisdiction its appellate ignorance or willful
jurisdiction (Case disregard of the law on
originally filed with appeals will not be
MTC) tolerated. (SC Circular
2-90, March 9, 1990)
Form and Contents

The Petition shall contain:
1. Full names of the parties, without impleading
the lower courts/judges thereof as petitioners
or respondents;
2. Specific material dates to show it was filed on
time;
3. A statement of the matters involved, the issues
raised, the specification or errors of fact or law,
or both, allegedly committed by the Regional
Trial Court, and the reasons or arguments
relied upon for the allowance of the appeal;
4. Clearly legible duplicate originals or true copies
of judgments of both lower courts, certified
correct by the RTC Clerk of Court; and
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5. Certificate of non-forum shopping. (Sec. 2,

Rule 42) The practical aspect of this duty is to enable the
CA to determine at the earliest possible time
The lower courts or judges that rendered the the existence of prima facie merit in the petition.
judgment or final order complained of should not Moreover, Rule 42, Sec. 3 provides that if
be impleaded as parties. The same prohibition is petitioner fails to comply with the submission of
now provided in petitions for review on certiorari "documents, which should accompany the
under Rule 45, since these are petitions for appeal petition," it "shall be sufficient ground for the
and NOT original actions. (Sec. 2(a), Rule 42). dismissal thereof." (Canton vs. City of Cebu,
G.R. No. 152898, 2007)
Effect of Failure to Comply With Requirements Note: In Quintin Lee vs. CA, the Court of
The failure of the petitioner to comply with any of Appeals correctly dismissed petitioner's appeal
the following requirements shall be sufficient not only because he purportedly employed the
ground for the dismissal thereof: wrong mode of appeal. It likewise found that
a. Payment of the docket and other lawful fees. petitioner failed to comply with the
b. Deposit for costs. requirements of (Rule 42, Sec. 2[d]).
Note: Before the Court of Appeals may grant In his petition before the appellate court,
the 15-day extension to file a petition for review, petitioner attached only plain machine copies
Sec. 1, Rule 42 of the Rules of Court requires of the certified photocopies of the assailed
the payment of the full amount of the docket decisions of the lower courts. Neither did he
and other lawful fees and the deposit of the submit the pleadings and other material
necessary amount for costs before the portions of the record to support his allegations.
expiration of the reglementary period. (Heirs of (Quintin Lee vs. CA, G.R. No. 165918, 2008)
Esplana vs. CA, G.R. No. 155758, 2008)
c. Proof of service of the petition; Extension of Period to File Petition for Review
Note: The service of judgment serves as the General Rule: the CA may allow only 1 extension
reckoning point to determine whether a of 15 days to file the petition for review after docket
decision had been appealed within the fees are paid and if the motion for extension of time
reglementary period or has already become is filed within the 15-day reglementary period.
final. (Mindanao Terminal and Brokerage vs. Exception: for the most compelling reasons, the
CA, G.R. No. 163286, 2012); CA may allow another extension not to exceed 15
In Teh vs People, the Court of Appeals days
correctly dismissed the petition for being
insufficient in form, not being accompanied by Action on the Petition
duplicate original or certified true copies of the The Court of Appeals may:
documents and material parts of the record that A. Require the respondent to comment, not file a
would support the allegations. Moreover, there motion to dismiss, within 10 days from notice,
was no written explanation why service of the or
petition was not done personally. (Teh vs. B. Dismiss the petition if it finds it to be:
People, G.R. No. 141180, 2005); and a. Patently without merit;
d. Contents of and the documents, which should b. Prosecuted manifestly for delay; or
accompany the petition. (Rule 42, Sec. 3) c. Questions raised are too insubstantial to
Note: It is petitioner who knows best what require consideration. (Sec. 4, Rule 42)
pleadings or material portions of the record of
the case would support the allegations in the Contents of Comment
petition. Petitioner’s discretion in choosing the Requisites of the comment of the respondent:
documents to be attached to the petition is, 1. File in 7 legible copies, accompanied by
however, not unbridled. The CA has the duty to certified true copies of material portions of
check the exercise of this discretion, to see to records referred to;
it that the submission of supporting documents 2. State whether or not he/she accepts the
is not merely perfunctory. statement of matters involved in the petition;
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3. Point out insufficiencies/inaccuracies as he/she Perfection of Appeal; Effect thereof

believes exist in petitioner’s statement of The appeal is deemed perfected as to the
matters involved but without repetition; and petitioner upon the timely:
4. State reasons why petition should not be given 1. Filing of the petition for review; and
due course. 2. Payment of docket and lawful fees. (Sec. 8,
Rule 42)
A copy of the comment shall be served on the
petitioner. (Sec. 5, Rule 42) The RTC loses jurisdiction over the case upon:
a. The perfection of the appeals; and
Due Course b. The expiration of the time to appeal of the
If the Court of Appeals finds prima facie that the other parties.
RTC committed an error of fact or law that will
warrant a reversal or modification of the decision, However, before the Court of Appeals gives
it may give due course to the petition. (Sec. 6, Rule due course to the petition, the RTC may still
42) exercise residual powers:
a. Issue orders for the protection and preservation
Petition for review is not a matter of right but of the rights of the parties, which do not involve
discretionary on the Court of Appeals. It may any matter litigated by the appeal;
only give due course to the petition if it shows on b. Approve compromises;
its face that the lower court has committed an error c. Permit appeals of indigent litigants;
of fact and/or law that will warrant reversal or d. Order execution pending appeal in accordance
modification of the decision or judgment sought to with Sec. 2 of Rule 39; and
be reviewed. e. Allow withdrawal of the appeal. (Id.)
Elevation of Record Rule on Perfected Appeal

Whenever the Court of Appeals deems it General Rule: A perfected appeal stays the
necessary, it may require the RTC to elevate the challenged judgment or final order.
original records of the case within 15 days. (Sec. Exception: If the Court of Appeals, the law, or the
7, Rule 42) Rules provide otherwise.
Records remain with the trial court because it MAY This is NOT applicable to civil cases under the
still issue a writ of execution pending appeal and Rule on Summary Procedure, which provides that
also because in some cases (e.g., ejectment and the decision of the RTC in civil cases governed by
those of Summary Procedure), the judgments are said Rule, including forcible entry and unlawful
immediately executory. detainer cases. It shall be immediately executory
without prejudice to a further appeal that may be
A REJOINDER (to the reply) is no longer taken therefrom.
required under AM No. 99-2-04-SC.
Submission for Decision
Upon the Filing of the Reply, the Court Shall If the petition is given due course, the Court of
Resolve Either to: Appeals (CA) may:
A. Give due course to the petition; and a. Set the case for oral argument; and/or
a. Consider the case submitted for decision b. Require the parties to submit memoranda
based on the pleadings; or within a period of 15 days from notice. (Sec. 9,
b. Require the parties to submit their Rule 42)
respective memoranda; or
B. Deny or dismiss the petition. No new issues may be raised by a party in the
Memorandum.
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Issues raised by a party in previous pleadings but raises only questions of law, the appeal must
not included in the Memorandum shall be be taken to the Supreme Court on a petition for
deemed waived or abandoned. review on certiorari under Rule 45;
 All appeals from judgments rendered by the
Being a summation of the parties’ previous RTC in the exercise of its appellate
pleadings, the Memoranda alone may be jurisdiction, regardless of whether the
considered by the CA in deciding or resolving the appellant raises questions of fact, questions of
petition. law, or mixed questions of fact and law, shall
be brought to the Court of Appeals by filing a
The case shall be deemed submitted for decision petition for review under Rule 42. (Quezon City
upon the filing of the last pleading or memorandum v. ABS-CBN Broadcasting Corp., G.R. No.
required by these Rules or by the CA itself. 166408, 2008)
PETITION FOR REVIEW ON CERTIORARI Note: In all cases decided by the RTC in the
(APPEAL BY CERTIORARI) TO THE SUPREME exercise of its original jurisdiction, appeal may be
COURT (Rule 45) made to the Court of Appeals by mere notice of
appeal where the appellant raises questions of fact
Please refer to the subsequent section for the or mixed questions of fact and law (Id.)
discussions on Rule 45.
Certiorari as a Mode of Appeal (Rule 45) v.
j. Appeal From Judgments And Final Orders Certiorari as an Original Special Civil Action
Of The Court Of Appeals (Rule 65)
Appeal by Certiorari under Rule 45 APPEAL BY CERTIORARI AS AN

A party desiring to appeal by certiorari from a CERTIORARI ORIGINAL ACTION
judgment, final order or resolution of the following (RULE 45) (RULE 65)
courts may file with the Supreme Court a verified
Petition based only on Petition raises the
petition for review on certiorari:
questions of law which issue as to whether the
a. Court of Appeals;
the appellant desires lower court acted with
b. Sandiganbayan;
the appellate court to grave abuse of
c. Regional Trial Court;
resolve. discretion amounting
d. Court of Tax Appeals (en banc); or
to lack or excess of
e. Other courts, whenever authorized by law
jurisdiction.
(Sec. 1, Rule 45)
Involves review of the May be directed
The petition may include an application for a writ judgment, award or against an
of preliminary injunction or other provisional final order on the interlocutory order of
remedies and shall raise only questions of law merits. the court prior to
which must be distinctly set forth. (Id.). appeal from the
judgment or where
The petitioner may seek the same provisional there is no appeal or
remedies by verified motion filed in the same any other plain, speedy
action or proceeding at any time during its or adequate remedy.
pendency. (As amended by A.M. No. 07-7-12 SC,
Dec. 12, 2007)
Mode of Appeal Involving Pure Questions of

Law in Cases where RTC Exercises Original vs.
Appellate Jurisdiction
 In all cases decided by the RTC in the exercise
of its original jurisdiction where the appellant
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APPEAL BY CERTIORARI AS AN APPEAL BY CERTIORARI AS AN

CERTIORARI ORIGINAL ACTION CERTIORARI ORIGINAL ACTION
(RULE 45) (RULE 65) (RULE 45) (RULE 65)
Must be made within May be filed not later The appellate court is The higher court
the reglementary than 60 days from in the exercise of its exercises original
period for appeal. notice of the judgment, appellate jurisdiction jurisdiction under its
order or resolution and power of review. power of control and
sought to be assailed, supervision over the
or 60 days from receipt It is a continuation of proceeding of lower
of denial of a motion for the proceedings in the courts.
reconsideration. lower court.
It is an original action.
Note that, as a general
rule, before a party can Treating Rule 45 Petitions as Rule 65 Petitions,
file a petition for and Vice-versa
certiorari under Rule The Supreme Court, in accordance with the liberal
65, he/she must first spirit pervading the Rules of Court and in the
file a motion for interest of justice, may decide to treat a petition for
reconsideration with certiorari as having been filed under Rule 45.
the lower court. (Delsan v. CA, G.R. 112288, 1997).
Stays the judgment, Does not stay the
award or order challenged proceeding The Supreme Court has, on appropriate
appealed from unless a writ of occasions, treated a petition for certiorari as a
preliminary injunction petition for review on certiorari, particularly when:
or a temporary i. The petition for certiorari was filed within the
restraining order shall reglementary period to file a petition for review
have been issued by on certiorari;
the higher court. ii. The petition avers errors of judgment; and
iii. When there is sufficient reason to justify the
The petitioner and The parties are the relaxation of the rules. (Navarez v. Abrogar III,
respondent are the aggrieved party G.R. No. 191641, 2015).
original parties to the (petitioner) against the
action, and the lower lower court or quasi- Likewise, the Supreme Court exercised liberality
court or quasi-judicial judicial agency (public and considered, recognized a petition for certiorari
agency is not to be respondent) and the (Rule 65) as an appeal raising questions of law
impleaded. prevailing party in the (Rule 45) based on the following exceptions:
lower court (private a. When public welfare and the advancement of
respondent). public policy dictates;
b. When the broader interest of justice so
The prior filing of a A motion for requires;
motion for reconsideration is, as a c. When the writs issued are null and void; or
reconsideration is not general rule, a d. When the questioned order amounts to an
required. condition precedent. oppressive exercise of judicial authority.
The purpose is to give (Spouses Godinez v. Spouses Norman, GR
the lower court an No. 225449, 2020)
opportunity to correct
itself. However, the Supreme Court does not tolerate the
practice of categorizing a petition to be “both under
Rule 65 and Rule 45, Rules of Court,” as the
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petition cannot be subsumed simultaneously Questions of Law in Rule 45 Petition;

under Rule 45 and Rule 65, and neither may Exceptions
petitioners delegate upon the court the task of General Rule: Only QUESTIONS OF LAW may
determining under which rule the petition should be raised in a petition for review under Rule 45 of
fall. Wrong or inappropriate mode of appeal, merits the Rules of Court. (Sec. 1, Rule 45)
an outright dismissal. (Ybaňez v. CA, G.R. No. Exceptions: QUESTIONS OF LAW, FACT, or
117499, 1996) BOTH may be determined, in the following
instances:
When Rule 65 Petition is Available A. Appeal from CA, CTA en banc, and
A special civil action for certiorari under Rule 65 Sandiganbayan to SC
lies only when there is no appeal or any plain, B. Exceptions under the SC Circulars:
speedy and adequate remedy in the ordinary a. Appeals from a Petition for the Writ of
course of law. Thus, certiorari cannot be allowed Habeas Data cases;
when a party to a case fails to appeal a judgment b. Appeals from a Petition for the Writ of
despite the availability of that remedy. Certiorari is Amparo cases; or
not a substitute for a lost appeal. (Indoyon vs. CA, c. Appeals from a Petition for the Writ of
G.R. No. 193706, 2013) (N.B.: In this case, the Kalikasan cases.
Petition for Certiorari under Rule 65 was filed 35 C. Exceptions Under Jurisprudence
days after notice of resolution, by which time a. When the factual findings of the Court of
petitioner had therefore lost his appeal under Rule Appeals and the trial court are contradictory;
45.) b. When the conclusion is a finding grounded
entirely on speculation, surmises, or
The remedies of appeal and certiorari are conjectures;
mutually exclusive and not alternative or c. When the inference made by the Court of
successive. Although it is true that the SC may Appeals from its findings of fact is manifestly
treat a petition for certiorari (under Rule 65) as mistaken, absurd, or impossible;
having been filed under Rule 45 to serve the d. When there is a grave abuse of discretion in
higher interest of justice, it cannot be availed of the appreciation of facts;
when the petition is filed well beyond the e. When the Appellate Court, in making its
reglementary period for filing a petition for review findings, went beyond the issues of the case
(under Rule 45) and without offering any reason and such findings are contrary to the
therefor. (Banco Filipino v. CA, G.R. No. 132703, admissions of both appellant and appellee;
2000; Sandoval v. Calipan G.R. No. 200727, f. When the judgment of the Court of Appeals
2013) is premised on a misapprehension of
facts;
To be sure, the distinctions between Rules 45 and g. When the Court of Appeals failed to notice
65 are far and wide. However, the most apparent certain relevant facts which, if properly
is that errors of jurisdiction are best reviewed in a considered, would justify a different
special civil action for certiorari under Rule 65, conclusion;
while errors of judgment can only be corrected by h. When the findings of fact are themselves
appeal in a petition for review under Rule 45. This conflicting;
Court, however, in accordance with the liberal i. When the findings of fact are conclusions
spirit, which pervades the Rules of Court, and in without citation of the specific evidence on
the interest of justice may treat a petition for which they are based; and
certiorari as having been filed under Rule 45, more j. When the findings of fact of the Court of
so if the same was filed within the reglementary Appeals are premised on the absence of
period for filing a petition for review. (Nuñez v. evidence but such findings are contradicted
GSIS Family Bank, G.R. No. 163988, 2005) by the evidence on record. (Local Superior
vs. Jody King, G.R. No. 141715, 2005)
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Basic Procedural Standards Under Rule 45 Docket and Other Lawful Fees; Proof of
A petition under Rule 45 must satisfy the following: Service of the Petition
1. That the petition does not only exclusively raise Unless he/she has theretofore done so, the
questions of law, but also that it distinctly sets petitioner shall pay the corresponding docket and
forth those legal issues (Sec. 1, Rule 45); other lawful fees to the clerk of court of the
2. That it be filed within 15 days of notice of the Supreme Court and deposit the amount of
adverse ruling that impels it (Sec. 2, Rule 45); P500.00 for costs at the time of the filing of the
3. That docket and other lawful fees are paid petition. (Sec. 3, Rule 45)
(Secs 3 & 5, Rule 45);
4. Tat proper service is made (Sec. 5(1), Rule 45); The phrase “unless he has theretofore done so”
5. That all matters that Section 4 specifies are refers to the situation in Sec. 2, Rule 45, wherein
indicated, stated, or otherwise contained in it a motion for extension of time to file the petition for
(Secs. 4 & 5(1), Rule 45); review was filed, in which case the petitioner had
6. That it is manifestly meritorious (Sec. 5(2), Rule already paid the docket and other lawful fees and
45); made the deposit for costs as requisites therefore.
7. That it is not prosecuted manifestly for delay;
and Although a copy of the petition is served upon the
8. That the questions raised in it are of such lower court concerned, it is only for the purpose of
substance as to warrant consideration. (Kumar giving notice that its judgment should not be
v. People, G.R. No. 247661, 2020) entered since it is not yet executory because of the
pending petition for review thereof. The lower
Time for Filing; Exceptions; Extension court does not become a party to the case since
General Rule: The petition shall be filed within 15 Rule 45 provides a mode of appeal. (Sec. 4(a),
days from the notice of the judgment appealed Rule 45)
from, or of the denial of the petitioner’s motion for
new trial or reconsideration filed in due time after Nevertheless, proof of service of a copy thereof on
notice of the judgment. (Sec. 2, Rule 45) the lower court concerned AND on the adverse
Exceptions: party shall be submitted together with the petition.
a. Writ of Amparo – 5 working days (Id.).
b. Writ of Habeas Data – 5 working days
Contents of petition
Within the fifteen (15) day period, the petitioner The petition shall be filed in 18 copies with the
may, for good cause, file a motion for original intended for the court being indicated as
extension of time to file his/her petition for review such by the petitioner. The verified petition shall
on certiorari. The petitioner must submit the contain:
requisite proof of service of such motion on the 1. Full names of the appealing party as the
respondents, pay the docket and other lawful fees petitioner and the adverse party as respondent,
in full, as well as deposit the costs of suit. without impleading the lower courts/judges
thereof either as petitioners or respondents.
The Supreme Court may, for justifiable reasons, 2. Material dates showing:
grant an extension of 30 days within which to file i. When notice of the judgment or final order
the petition, provided the following requisites or resolution subject thereof was received.
concur: ii. When a motion for new trial or
1. A motion duly filed and served (within the reconsideration, if any, was filed; and
original 15-day period); and iii. When notice of the denial thereof was
2. Full payment of the docket and other lawful received.
fees and the deposit for costs (within the 3. A statement of the matters involved and the
original 15-day period). (Sec. 2, Rule 45) reasons or arguments relied on for the
allowance of the petition.
4. Clearly legible duplicate original, or a certified
true copy of the judgment or final order or
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resolution certified by the clerk of court of the

court a quo and the requisite number of plain The following, while neither controlling nor fully
copies thereof, and such material portions of measuring the court’s discretion, indicate the
the record as would support the petition. character of the reasons which will be considered:
5. Certificate of non-forum shopping. (Sec. 4, a. When the court a quo (the court “from which”)
Rule 45) has decided a question of substance, not
theretofore determined by the Supreme Court,
Rule 45, Section 4 of the Rules of Court indeed or has decided it in a way probably not in
requires the attachment to the petition for review accord with law or with the applicable decision
on certiorari “such material portions of the record of the Supreme Court; or
as would support the petition.” However, such a b. When the court a quo has so far departed from
requirement was not meant to be an ironclad rule the accepted and usual course of judicial
such that the failure to follow the same would merit proceedings, or so far sanctioned such
the outright dismissal of the petition. Dismissal is departure by a lower court, as to call for an
discretionary on the appellate court. (F.A.T. Kee exercise of the power of supervision. (Id.).
Computer Systems, Inc. v. Online Networks
International, Inc., G.R. No. 171238, 2011) Pleadings and Documents That May be
Required; Sanctions
In accordance with Section 7 of Rule 45, “the For the purposes of determining whether the
Supreme Court may require or allow the filing of petition should be dismissed or denied pursuant to
such pleadings, briefs, memoranda or documents Section 5 of this rule, or where the petition is given
as it may deem necessary within such periods and due course under Section 8 hereof, the Supreme
under such conditions as it may consider Court may:
appropriate.” More importantly, Section 8 of Rule A. Require or allow the filing of pleadings, briefs,
45 declares that “if the petition is given due course, memoranda or documents as it may deem
the Supreme Court may require the elevation of necessary within such periods and under such
the complete record of the case or specified parts conditions as it may consider appropriate.
thereof within fifteen (15) days from notice.” (Id.). B. Impose sanctions in the following cases:
a. Non-filing of such pleadings or documents.
Dismissal or Denial of Petition b. Unauthorized filing of such pleadings or
The failure of the petitioner to comply with any of documents; or
the following requirements shall be sufficient c. Non-compliance with the conditions
ground for the dismissal thereof: therefor. (Sec. 7, Rule 45)
a. Payment of the docket and other lawful fees.
b. Deposit for costs. Due course; Elevation of Records
c. Proof of service of the petition; and If the petition is given due course, the Supreme
d. Contents of and the documents which should Court may require the elevation of the complete
accompany the petition. (Sec. 5, Rule 45) record of the case or parts thereof within 15 days
from notice. (Rule 45, Sec. 8)
The Supreme Court may, on its own initiative,
deny the petition on the following grounds: Rule Applicable to Both Civil and Criminal
a. The appeal is without merit. Cases
b. It is prosecuted manifestly for delay; or General Rule: The mode of appeal prescribed in
c. The questions raised therein are too this Rule shall be applicable to both civil and
unsubstantial to require consideration. (Id.). criminal cases.
Exception: It is not applicable to criminal cases
Review discretionary where the penalty imposed is:
A review is not a matter of right, but of sound a. Death.
judicial discretion and will be granted only when b. Reclusion perpetua; or
there are special and important reasons thereof. c. Life imprisonment. (Sec. 9, Rule 45)
(Sec. 6, Rule 45)
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Procedure in Criminal Cases Where the notice thereof. (Sec. 11, R.A. 1125, as amended
Penalty is Death, Reclusion Perpetua, or Life by R.A. 9282).
Imprisonment
 If RTC imposes the penalty of reclusion A party adversely affected by a resolution of a
perpetua or life imprisonment, or where a Division of the CTA on a motion for
lesser penalty is imposed but for offenses reconsideration or new trial, may file a petition for
committed on the same occasion or which review with the CTA en banc. (Sec. 18, R.A.
arose out of the same occurrence that gave rise 1125, as amended by R.A. 9282).
to the more serious offense for which death,
reclusion perpetua or life imprisonment is A party adversely affected by a decision or ruling
imposed, appeal shall be by notice of appeal. of the CTA en banc may file with the Supreme
(Sec. 3(c), Rule 122) Court a verified petition for review on certiorari
 No notice of appeal is necessary if RTC pursuant to Rule 45 of the Rules of Court. (Sec.
imposes death penalty; CA will automatically 19, R.A. 1125, as amended by R.A. 9282).
review the judgment. (Sec. 3(e), Rule 122).
 If the Court of Appeals should affirm the penalty m. Review Of Final Judgments Or Final
of death, reclusion perpetua or life Orders Of The Commission On Audit (Coa)
imprisonment, it could then render judgment
A judgment or final order or resolution of the
imposing the corresponding penalty as the
Commission on Audit may be brought by the
circumstances so warrant, refrain from entering
aggrieved party to the Supreme Court on certiorari
the judgment and elevate the entire records of
under Rule 65. (Sec. 2, Rule 64)
the case to the SC for its final disposition.
(People v. Mateo, G.R. Nos. 147678-87, 2004)
The petitioner must show that the COA has acted
k. Appeal From Judgments Or Final Orders without or in excess of its jurisdiction or with grave
Of The Sandiganbayan abuse of discretion amounting to lack or excess of
jurisdiction. (Nayong Pilipino Foundation, Inc. v.
A party desiring to appeal from a judgment or final Pulido Tan, G.R. No. 213200, 2017)
order or resolution of the Sandiganbayan may file
with the Supreme Court a verified petition for Period to File
review on certiorari. (Sec. 1, Rule 45) The petition shall be filed within thirty (30) days
from notice of the judgment or final order or
The proper remedy is an appeal under Rule 45 resolution sought to be reviewed. The filing of a
and not a petition for certiorari under Rule 65. motion for new trial or reconsideration of said
Section 7 of Presidential Decree No. 1606, as judgment or final order or resolution, if allowed
amended by Republic Act No. 8249, provides that under the procedural rules of the Commission
“decisions and final orders of the Sandiganbayan concerned, shall interrupt the period herein fixed.
shall be appealable to the Supreme Court by a (Sec. 3, Rule 64).
petition for review on certiorari raising pure
questions of law in accordance with Rule 45 of the If the motion is denied, the aggrieved party may
Rules of Court." (People v. Espinosa, G.R. Nos. file the
153714-20, Aug. 15, 2003) petition within the remaining period, but which
shall not be less than five (5) days in any event,
l. Appeal From Judgments Or Final Orders reckoned from notice of denial. (Id.).
Of The Court Of Tax Appeals (CTA)
The reglementary period includes the time taken
A party adversely affected by a ruling, order or to file the motion for reconsideration and is only
decision of a Division of the CTA may file a motion interrupted once the motion is filed. If the motion is
for reconsideration or new trial before the same denied, the party may file the petition only within
Division of the CTA within fifteen (15) days from the period remaining from the notice of judgment.
(Law Firm of Laguesma Magsalin Consulta and
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Gastardo v. Commission on Audit, G.R. No. Sec. 27 of R.A. 6770, which provides that
185544, 2015) administrative disciplinary cases decided by the
Ombudsman shall be directly appealed to the
n. Review Of Final Judgments Or Final Supreme Court in accordance with Rule 45, was
Orders Of The Commission On Elections declared unconstitutional because it violated
(COMELEC) Section 30 of Article VI of the Constitution when
the said provision increased the appellate
A judgment or final order or resolution of the jurisdiction of the Supreme Court without the
Commission on Elections may be brought by the latter’s concurrence and advice. (Fabian v.
aggrieved party to the Supreme Court on certiorari Desierto, G.R. No. 129742, 1998)
under Rule 65 in relation to Rule 64. (Sec. 2, Rule
64) Final Judgments or Orders of the Ombudsman
in Criminal Cases
But this mode of appeal is only limited to cases Where the finding of the Ombudsman as to the
where the COMELEC exercises its adjudicatory or existence of probable cause is tainted with grave
quasi-judicial powers. (Querubin v. Commission abuse of discretion, amounting to lack or excess
on Elections (En Banc), G.R. No. 218787, 2015) of jurisdiction, an aggrieved party may file a
petition for certiorari under Rule 65 of the 1997
In the exercise of its administrative functions, such Rules of Civil Procedure. (Tirol, Jr. v. Del Rosario,
as when it acts as a procuring entity, then the G.R. No. 135913, Nov. 4, 1999).
proper remedy is a Rule 65 petition with the RTC
pursuant to Sec. 58 of R.A. 9184 (Id.). q. Review Of Final Judgments Or Final
Orders Of The National Labor Relations
The period to file is governed by the same rules as Commission (NLRC)
that with the COA, as discussed above. (Sec. 3,
Rule 64). Appeals from the NLRC shall be by petitions for
certiorari under Rule 65, to be filed with the
o. Review Of Final Judgments Or Final Court of Appeals in strict observance of the
Orders Of The Civil Service Commission doctrine on the hierarchy of courts. (St. Martin
(CSC) Funeral Home v. National Labor Relations
Commission, G.R. No. 130866, 1998).
Appeals from awards, judgments, final orders or
resolutions of the Civil Service Commission shall A special civil action for certiorari under Rule 65 is
be taken to the Court of Appeals. (Secs. 1 and 3, not the same as an appeal. In an appeal, the
Rule 43). appellate court reviews errors of judgment. On the
other hand, a petition for certiorari under Rule 65
p. Review Of Final Judgments Or Final
is not an appeal but a special civil action, where
Orders Of The Ombudsman the reviewing court has jurisdiction only over errors
of jurisdiction. Thus, the CA may review NLRC
The rulings of the Office of the Ombudsman may
either be in: decisions only when there is grave abuse of
discretion amounting to lack or excess of
i. Administrative disciplinary cases; or
jurisdiction. (Philippine National Bank v. Gregorio,
ii. Criminal cases (RIANO, 2019, p. 621).
G.R. No. 194944, 2017)
Final Judgments or Orders of the Ombudsman
in Administrative Disciplinary Cases Grave abuse of discretion may be ascribed to the
NLRC when:
The Court of Appeals, under Rule 43, has
1. Its findings and conclusions are not supported
jurisdiction over orders, directives and decisions of
by substantial evidence or in total disregard of
the Office of the Ombudsman in administrative
evidence material to, or even decisive of, the
cases. (Indoyon vs. CA, G.R. No. 193706, 2013).
controversy;
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2. It is necessary to prevent a substantial wrong (subject to exceptions). (PBA vs. Gaite, G.R.
or to do substantial justice; No. 170312, 2009)
3. The findings of the NLRC contradict those of
the Labor Arbiter; and v. Land Registration Authority.
4. It is necessary to arrive at a just decision of the vi. Social Security Commission.
case. (Almagro v. Philippine Airlines, Inc., G.R. vii. Civil Aeronautics Board.
No. 204803, Sep. 12, 2018). viii. Bureau of Patents.
ix. Trademarks and Technology Transfer.
r. Review Of Final Judgments Or Final x. National Electrification Administration.
Orders Of Quasi-Judicial Agencies (Rule xi. Energy Regulatory Board.
43) xii. National Telecommunications Commission.
xiii. Dept. of Agrarian Reform under R.A. No.
Quasi-judicial Body; Nature of Quasi-judicial 6657.
Function xiv. Government Service Insurance System.
A quasi-judicial agency or body is an organ of xv. Employees Compensation Commission.
government other than a court and other than a xvi. Agricultural Invention Board.
legislature, which affects the rights of private xvii. Insurance Commission.
parties through either adjudication or rule-making. xviii. Philippine Atomic Energy Commission.
xix. Board of Investments.
A "quasi-judicial function" is a term which applies xx. Construction Industry Arbitration
to the action, discretion, etc. of public Commission; and
administrative officers or bodies, who are required xxi. Voluntary arbitrators authorized by law.
to investigate facts, or ascertain the existence of
facts, hold hearings, and draw conclusions from Note: The decision or award of the voluntary
them, as a basis for their official action and to arbitrator or panel of arbitrators under the
exercise discretion of a judicial nature. (Monetary Labor Code should likewise be appealable to
Board v. Philippine Veterans Bank, G.R. No. the Court of Appeals, in line with the
189571, 2015) procedure outlined in Revised Administrative
Circular No. 1-95 (now embodied in Rule 43
Quasi-judicial Agencies Covered by Rule 43 of the 1997 Rules of Civil Procedure), just like
Under Section 1 and 3 of Rule 43, appeals from those of the quasi-judicial agencies, boards
awards, judgments, final orders, resolutions of or and commissions enumerated therein, and
authorized by any quasi-judicial agency in the consistent with the original purpose to provide
exercise of its quasi-judicial functions shall be a uniform procedure for the appellate review
taken to the Court of Appeals. The list below is of adjudications of all quasi-judicial entities.
not exclusive: (Samahan ng mga Manggagawa sa Hyatt vs.
i. Civil Service Commission (see Special Bacungan, G.R. No. 149050, 2009)
Rules and the end of this subsection) A motion for reconsideration must first be filed
ii. Central Board of Assessment Appeals. by the party adversely affected by the ruling
iii. Securities and Exchange Commission. of the Voluntary Abitrator or Panel of
iv. Office of the President (OP). Voluntary Arbitrator within 10 days from such
Note: The parties may file a motion for ruling. Only after the resolution of the motion
reconsideration of the order, ruling, or for reconsideration may the aggrieved party
decision of the OP. Since the OP is appeal to the CA by filing the petition for
essentially an administrative agency review under Rule 43 of the Rules of Court
exercising quasi-judicial functions, its within 15 days from notice pursuant to
decisions or resolutions may be appealed to Section 4 of Rule 43. (Guagua National
the CA through a petition for review under Colleges v. Court of Appeals, G.R. No.
Rule 43 of the Rules of Court. Rule 65 bars 188492, 2018)
its use as a mode of review when an appeal
or any other remedy at law is available
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Preliminary Investigation Not a Quasi-judicial Federation of Hog Farmers, Inc. v. Board of

Proceeding Investments, G.R. No. 205835, 2020)
A preliminary investigation is not a quasi-judicial
proceeding, and that the DOJ is not a quasi- Exhaustion of Administrative remedies;
judicial agency exercising a quasi-judicial function Common Examples:
when it reviews the findings of a public prosecutor. i. Office of the President (OP) - reviewable by
A quasi-judicial body is as an organ of the CA;
government other than a court and other than a ii. Housing and Land Use Regulatory Board
legislature which affects the rights of private (HLURB) – go to the OP first, then the OP
parties through either adjudication or rule-making. decision is reviewable by CA;
Such is not the case when a public prosecutor iii. National Labor Relations Commission (NLRC)
conducts a preliminary investigation to determine – only by Rule 65 to CA (labor case);
probable cause to file an information against a iv. Department of Agriculture Adjudication Board
person charged with a criminal offense, or when (DARAB) – reviewable by CA;
the Secretary of Justice is reviewing the former's v. Provincial Agrarian Reform Adjudicator
order or resolutions (Santos v. Go, G.R. No. (PARAD) – go to the DARAB first, then to the
156081, Oct. 19, 2005). CA;
vi. RTC as commercial court – reviewable by the
Court of Tax Appeals Not Covered by Rule 43 CA;
The CTA is on the level of the CA and thus not vii. RTC as special agrarian court – reviewable by
covered by Rule 43. (Sec. 1, R.A. 1125, as the CA
amended by R.A. 9282).
Steps to Determine Coverage of Rule 43:
Modes of Appeal Under the Omnibus 1. Check the listing in Sec. 1;
Investments Code 2. Determine if it is a decision rendered in the
The Omnibus Investment Code allows two exercise of a quasi-judicial function;
avenues of appeal from an action or decision of 3. If so, follow the rules on appeals, i.e., only final
the Board of Investments (BOI): order/decisions are appealable;
A. Elevate an appeal to the Office of the President 4. If the agency is not listed in Sec. 1, look at the
when an action pertains to: charter or rules that govern such administrative
a. The decisions of the BOI over controversies agency:
concerning the implementation of the a. If the charter explicitly states that Rule 43
relevant provisions of E.O. No. 226 that may applies – file a Rule 43;
arise between registered enterprises or b. If the charter merely states that the
investors and government agencies (see decisions are appealable – file a Rule 43.
Article 7, E.O. 226); or
b. An action of the BOI over applications for Applicability to NLRC
registration under the investment priorities General Rule: This Rule shall not apply to
plan (see Article 36, E.O. 226); judgments or final orders issued under the Labor
B. Elevate the matter directly to judicial tribunals Code of the Philippines. (Rule 43, Sec. 2)
in actions pertaining to: Exception: Judgments and final orders or
a. A party adversely affected by the issuance resolutions of the National Labor Relations
of a license to do business in favor of an Commission are now reviewable, in the first
alien or a foreign firm. instance, by the Court of Appeals on certiorari
 The aggrieved party may file with the under Rule 65, but those of the Employees
proper RTC an action to cancel the said Compensation Commission should be brought to
license; the CA through a petition for review under this
b. Direct appeal to the Supreme Court from Rule. (St. Martin Funeral Homes v. NLRC, G.R.
any order or decision of respondent BOI. No. 130866, 1998)
(see Article 82, E.O. 226) (National
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Applicability to SEC rehabilitation. Now, there is no more need to file a

Special rules of procedure have also been notice of appeal and record on appeal. An appeal
adopted for cases formerly within the jurisdiction may now be perfected by filing a petition for review
and adjudicatory processes of the SEC. (See within fifteen (15) days from notice of the decision
Regalado 10th ed. P. 573) or final order of the trial court, directly to the CA
under Rule 43 of the Rules of Court. (China
The Supreme Court issued A.M. No. 04-9-07-SC Banking Corp. vs. Cebu Printing, G.R. No.
as a clarification on the proper mode of appeal of 172880, 2010)
cases which were formerly under the jurisdiction of
the SEC, such as those cases involving corporate
SPECIAL RULES When Appealing From Judgments and Final Orders of CSC, DOJ, NLRC, Office Of
The Ombudsman, and Secretary of Labor
Judgment or Final REMEDY

Orders of:
CIVIL SERVICE General Rule:

COMMISSION (CSC) Rule 43 with the CA
Note: The petitioner’s failure to state the date of receipt of the copy of the October
10, 2011 CSC decision is not fatal to her case since the dates are evident from
the records. Besides, we have ruled that the more important material date which
must be duly alleged in the petition is the date of receipt of the resolution of denial
of the motion for reconsideration, which the petitioner has duly complied with. As
to the failure to state the notary public’s office address, the omission was rectified
with the attachment in the motion for reconsideration of the verification and
certification of non-forum shopping and of the affidavit of service, with the notary
public’s office address. (Barra vs. CSC, G.R. No. 205250, 2013)
Exceptions:
Rule 65 with the CA
a. When public welfare and the advancement of public policy dictates;
b. When the broader interest of justice so requires;
c. When the writs issued are null and void; or
d. When the questioned order amounts to an oppressive exercise of judicial
authority.(DepEd vs. Cunanan, G.R. No. 169013, 2008)
DEPARTMENT OF a. If punishable by reclusion perpetua to death - Appeal to the OP, then file an
JUSTICE (DOJ) appeal via Rule 43 with the CA
b. If less than reclusion perpetua to death - Rule 65 with the CA (Elma vs. Jacobi,
Decisions, orders, G.R. No. 155996, 2012)
resolutions of the
Secretary of Justice
on preliminary
investigations
involving an
offense/determination
of probable cause
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OFFICE OF THE Administrative Cases

OMBUDSMAN The decision shall be final, executory and unappealable where the respondent is:
a. Absolved of the charge; and
b. In case of conviction where the penalty imposed is public censure or
reprimand, suspension of not more than one month, or a fine equivalent to one
month salary,.
In all other cases, the deci-,sion may be appealed to the CA in accordance with
Rule 43 within fifteen (15) days from receipt of the written Notice of the Decision
or Order denying the MR.
Note: An appeal shall not stop the decision from being executory. In case the
penalty is suspension or removal and the respondent wins such appeal, he shall
be considered as having been under preventive suspension and shall be paid the
salary and such other emoluments that he did not receive by reason of the
suspension or removal.
A decision of the Office of the Ombudsman in administrative cases shall be

executed as a matter of course. The Office of the Ombudsman shall ensure that
the decision shall be strictly enforced and properly implemented. The refusal or
failure by any officer, without just cause, to comply with an order of the Office of
the Ombudsman to remove, suspend, demote, fine, or censure shall be a ground
for disciplinary action against said officer.
Criminal Cases
File a petition under Rule 65 with the SC.
Consolidated Administrative and Criminal Liability

Rule 43 with the CA (Administrative)
Rule 65 to the SC (Criminal)
NATIONAL LABOR File an MR with the NLRC, then file a Rule 65 petition with the CA. (St. Martin
RELATIONS Funeral Homes v. NLRC, G.R. No. 130866, 1998)
COMMISSION
(NLRC)
VOLUNTARY File an MR with the voluntary arbitrator within 10 days from the decision, then file
ARBITRATORS a petition under Rule 43 within 15 days with the CA. (Guagua National Colleges
UNDER THE LABOR v. Court of Appeals, G.R. No. 188492, 2018)
CODE
SECRETARY OF File an MR with the Secretary of Labor, then file a petition under Rule 65 with the
LABOR (even if CA. (Philtranco v. Philtranco Workers Union, G.R. No. 180962 , 2014)
acting as voluntary
arbitrator)
RTC as a File a petition under Rule 43 with the CA. (China Banking Corp. vs. Cebu Printing,
Commercial Court G.R. No. 172880, 2010)
(formerly SEC)
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Where to Appeal 2. Pay to the Clerk of Court of the Court of

An appeal under this Rule may be taken to the Appeals the docket and other lawful fees and
Court of Appeals within the period and in the deposit P500.00 for costs.
manner herein provided, whether the appeal i. Exemption from payment of docket and
involves questions of fact, of law, or mixed lawful fees may be granted by the Court of
questions of fact and law. (Rule 43, Sec. 3) Appeals upon a verified motion setting forth
the valid grounds therefor;
Period of Appeal ii. If the Court of Appeals denies the motion,
The period shall be within 15 days from: petitioner shall pay the docket and other
1. Notice of the award, judgment, final order or lawful fees within 15 days from notice of
resolution; or denial. (Sec. 5, Rule 43)
2. Date of last publication, if publication is
required by law for its effectivity; or REGIONAL TRIAL QUASI-JUDICIAL
3. Denial of petitioner’s Motion for New Trial or COURT AS AGENCIES
Motion for Reconsideration duly filed in APPELLATE COURT (RULE 43)
accordance with the governing law of the court (RULE 42)
or agency a quo. Only one (1) Motion for
Reconsideration is shall be allowed. (Sec. 4, Decision is stayed by Decision is
Rule 43) an appeal immediately executory,
not stayed by an
Note: Rule 43, Section 4 specifically allows appeal unless TRO is
only one motion for reconsideration to an issued
appealing party; as such, the reckoning of the
fifteen (15)-day period to perfect the appeal Factual findings not Factual findings are
starts from the receipt of the resolution denying conclusive upon the conclusive upon the
the motion for reconsideration. (Yinlu Bicol Court of Appeals Court of appeals if
Mining Corporation v. Trans-Asia Oil and supported by
Energy Development Corporation, 2015) substantial evidence
Upon proper motion and the payment of the full Contents of the Petition
amount of the docket fees before the expiration of The petition for review shall contain:
the reglementary period, the Court of Appeals may 1. Full names of the parties, without impleading
grant an additional period of fifteen (15) days the court/agencies either as petitioners or
only within which to file the petition for review. respondents.
(Sec. 4, Rule 43) 2. Concise statement of the facts and issues
involved and the grounds relied upon for
No further extension shall be granted except for review.
the most compelling reason and in no case to 3. Clearly legible duplicate original or a certified
exceed 15 days. (Id.). true copy of the award, judgment, final order or
resolution appealed from, together with:
How Appeal is Taken 4. Certified true copies of such material portions
Requisites: of the record referred to therein.
1. File a verified petition for review: 5. Other supporting papers;
i. With the Court of Appeals in seven 3 legible 6. Certificate of non-forum shopping.
copies (per Efficient Use of Paper Rule, 7. Material dates to show it was filed within the
A.M. No. 11-9-4-SC); period fixed therein. (Sec. 6, Rule 43)
ii. Attach proof of service of a copy thereof on
the adverse party and on the court or Sec. 6 of Rule 43 does not require that all of the
agency a quo. supporting papers or annexes accompanying the
petition should be certified true copies or duplicate
originals. What is mandatory is to attach the
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clearly legible duplicate originals or certified true A copy thereof shall be served on the petitioner
copies of the judgment or final orders of the and proof of such service shall be filed with the
lower courts, which is/are being Court of Appeals. (Id.).
questioned/assailed. (Jaro v. CA, G.R. No.
127536, 2002) The appeal shall not stay the award, final order,
or resolution sought to be reviewed UNLESS the
Effect of Failure to Comply With Requirements Court of Appeals shall direct otherwise upon such
Failure of petitioner to comply with any of the terms as it may deem just. (Sec. 12, Rule 43).
following requirements shall be sufficient ground
for the dismissal thereof: Due Course
a. Payment of the docket and other lawful fees; If from the records the Court of Appeals finds
b. Deposit for costs; prima facie that the court or agency committed
c. Proof of service of the petition; and errors of fact or law that would warrant a reversal
d. Contents of and the documents which should or modification of the decision sought to be
accompany the petition. (Sec. 7, Rule 43) reviewed, it may give due course to the petition.
Otherwise, it shall dismiss the same.
Petitioner failed to comply with the requirement by
not impleading its creditors as respondents. Sec 7 The findings of fact of the court or agency
of the same rule provides that failure to comply concerned, when supported by substantial
with requirements shall be sufficient ground for the evidence, shall be binding on the Court of Appeals.
dismissal thereof. (Viva Shipping Lines Inc., v. (Sec. 10, Rule 43)
Keppel Philippines Mining Inc., GR No. 177382,
2016) Transmittal of Record
Within 15 days from notice that the petition has
Action on the Petition been given due course, the Court of Appeals may
The Court of Appeals may: require the court or agency concerned to transmit
A. Require the respondent to file a comment on the record of the proceeding under review.
the petition, not a motion to dismiss, within 10
days from notice; or The record to be transmitted may be abridged by
B. Dismiss the petition if it finds the petition to be: the agreement of all parties to the proceeding.
a. Patently without merit.
b. Prosecuted manifestly for delay; or The Court of Appeals may require or permit the
c. The questions raised therein are too subsequent correction of or addition to the record.
unsubstantial to require consideration. (Sec. 11, Rule 43)
(Sec. 8, Rule 43)
Submission for Decision
Contents of a Comment If the petition is given due course, the Court of
The following are the requisites of a comment of Appeals may:
the respondent: a. Set the case for oral argument; and/or
1. Must be filed in 7 legible copies; b. Require the parties to submit memoranda
2. Accompanied by clearly legible certified true within 15 days from notice. (Sec. 10, Rule 43)
copies of such material portions of the record
referred to therein together with the supporting The case shall be deemed submitted for decision
papers; upon the filing of the last pleading or memorandum
3. Must point out insufficiencies or inaccuracies in required by these Rules or by the Court of
petitioner’s statement of facts and issues; Appeals. (Rule 43, Sec. 13)
4. Must state the reasons why the petition should
be denied or dismissed; and
5. Must be filed within 10 days from notice. (Sec.
9, Rule 43)
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DISMISSAL, REINSTATMENT, AND

WITHDRAWAL OF APPEAL; OTHER MATTERS The “Harmless Error Rule” In Appellate
Decisions
Dismissal of Appeal No error in either the admission or the exclusion of
Sec. 1, Rule 50 lists 9 grounds wherein the CA evidence and no error or defect in any ruling or
may, on its own motion or on that of the appellee, order or in anything done or omitted by the trial
dismiss an appeal. These are: court or by any of the parties is ground for granting
a. Failure of the record on appeal to show on its a new trial or for setting aside, modifying, or
face that the appeal was taken within the period otherwise disturbing a judgment or order, unless
fixed by these Rules; refusal to take such action appears to the court
b. Failure to file the notice of appeal or the record inconsistent with substantial justice. The court at
on appeal within the period prescribed by these every stage of the proceeding must disregard any
Rules; error or defect which does not affect the
c. Failure of the appellant to pay the docket and substantial rights of the parties. (Sec. 6, Rule 51).
other lawful fees as provided in section 5, Rule
40 and section 4 of Rule 41(Bar Matter No. 803, General Rule: No error which does not affect the
1998); jurisdiction over the subject matter or the validity
d. Unauthorized alterations, omissions or of the judgment appealed from or the proceedings
additions in the approved record on appeal as therein will be considered unless stated in the
provided in Section 4 of Rule 44; assignment of errors, or closely related to or
e. Failure of the appellant to serve and file the dependent on an assigned error and properly
required number of copies of his brief or argued in the brief, save as the court may pass
memorandum within the time provided by these upon plain errors and clerical errors. (Sec. 8, Rule
Rules; 51)
f. Absence of specific assignment of errors in the
appellant's brief, or of page references to the Exceptions:
record as required in section 13, paragraphs a. Those affecting jurisdiction over subject matter;
(a), (c), (d) and (f) of Rule 44; b. Evidently plain and clerical errors within
g. Failure of the appellant to take the necessary contemplation of law;
steps for the correction or completion of the c. In order to serve ends of justice;
record within the time limited by the court in its d. Matters raised in trial court having some
order; bearing on issue which parties failed to raise or
h. Failure of the appellant to appear at the which lower court ignored;
preliminary conference under Rule 48 or to e. Matters closely related to error assigned;
comply with orders, circulars, or directives of (Sps. Mario and Julia Campos v. Republic,
the court without justifiable cause; and G.R. No. 184371, 2014)
i. The fact that the order or judgment appealed
from is not appealable. Withdrawal of an Appeal
Filing a motion to withdraw appeal does not result
In deciding to dismiss an appeal, the CA is bound in automatic withdrawal of the appeal. An appeal
to exercise its sound discretion upon taking all the may be withdrawn as of right at any time before
pertinent circumstances into due consideration. the filing of the appellee's brief. Thereafter, the
(People v. Diaz, G.R. No. 180677, 2013). withdrawal may be allowed in the discretion of the
court. (Sec. 3, Rule 50; In Re: Resolution CA-G.R.
Also, a litigant’s failure to furnish his opponent with No. 94656 v. Mortel, 2016)
a copy of his appeal brief does not suffice to
warrant the dismissal of an appeal. All that is Entry of Judgments and Final Resolutions
needed is for the court to order the litigant to If no appeal or motion for new trial or
furnish opponent with a copy of brief. (Tiangco v. reconsideration is filed within the time provided in
Land Bank of the Philippines, G.R. No. 153998, these Rules, the judgment or final resolution shall
2010)
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forthwith be entered by the clerk in the book of filed, the petition was premature, i.e., there is a
entries of judgments. more adequate remedy. (Gomez v. Montalban,
G.R. No. 174414, 2008)
The date when the judgment or final resolution
becomes executory shall be deemed as the date A party who has filed a motion for new trial but
of its entry. which was denied, CANNOT file a petition for
relief. These two remedies are EXCLUSIVE of
The record shall contain the dispositive part of the each other. The remedy is to appeal the judgment.
judgment or final resolution and shall be signed by (Francisco v. Puno, G.R. No. L-55694, 1981)
the clerk, with a certificate that such judgment or
final resolution has become final and executory. a. Grounds For Availing Of The Remedy
(Sec. 10, Rule 51)
A Petition for Relief may be filed when through
Modes Of Attacking Final And Executory fraud, accident, mistake, or excusable
Judgments negligence (FAME):
a. A judgment or final order is entered into, or any
MODE GROUND other proceeding is thereafter taken against the
petitioner; or
Petition for When the judgment has been
b. When the petitioner has been prevented from
Relief under taken against the party through
taking an appeal. (Sec. 1 and 2, Rule 38).
Rule 38 FAME
Action for Extrinsic fraud, lack of Who May File

annulment of jurisdiction, denial of due A motion for new trial or reconsideration and a
judgment process petition for relief from judgment are remedies
under Rule 47 available only to parties in the proceedings where
the assailed judgment is rendered. In fact, it has
Direct action, Certiorari – when there is grave been held that a person who was never a party to
as certiorari, abuse of discretion amounting the case, or even summoned to appear therein,
OR collateral to lack or excess of jurisdiction. cannot avail of a petition for relief from judgment.
attack under A challenged judgment, void (Alaban v. Court of Appeals, G.R. No. 156021,
Rule 65 upon its face, can be the Sep,23, 2005)
subject of a collateral attack.
(Feria and Noche, Civil Procedure Annotated, Vol. Where to File; Prayer
2, 2013 Ed., p. 109) a. When the petition involves a relief from a
judgment, order, or proceeding – the petitioner
3. RELIEF FROM JUDGMENTS, ORDERS, shall pray that the judgment, order, or
AND OTHER PROCEEDINGS (RULE 38) proceeding be set aside;
b. When the petition involves a relief from being
Nature of a Petition for Relief prevented from taking an appeal – the
Relief from judgment is a remedy provided by law petitioner shall pray that the appeal be given
to any person against whom a decision or order is due course. (RIANO, 2019, p. 633).
entered through fraud, accident, mistake, or
excusable negligence. This remedy is equitable in In both cases, the petition shall be filed in the
character, allowed only in exceptional cases same court and in the same case. (Redena v.
where there is no other available or adequate CA, G.R. No. 146611, 2007)
remedy provided by law or the rules. (Cagayan
Economic Zone Authority v. Meridien Vista Cases Where Petition for Relief is Applicable
Gaming Corp., G.R. No. 194962, Jan. 27, 2016) A petition for relief may be taken from the order of
execution, inasmuch as Sec. 2, Rule 38, Revised
Thus, if a Motion for New Trial was available at the Rules, does not only refer to judgments, but also
time that the Petition for Relief from Judgment was to orders, or any other proceedings. (Cayetano
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v. Osmundo Ceguerra, G.R. No. L-18831, Jan. 30, file R65 to question civil action under Rule
1965). denial 65.
However, relief from judgment is NOT allowed in

summary proceedings. (Sec. 19, Revised Rules Legal remedy Equitable remedy
on Summary Procedure)
Motion need not be Petition must be
It is also not allowed in small claims cases (Sec. verified. verified.
16(d), Rules of Procedure for Small Claims Cases)
b. Time To File Petition
A petition for relief from judgment is not among the
remedies available in the Court of Appeals and the The petition shall be filed within sixty (60) days
Supreme Court. (Purcon, Jr. v. MRM Philippines, after the petitioner learns of the judgment, final
Inc., G.R. No. 182718, Sep. 26, 2008). order or proceeding, and NOT more than six (6)
months after such judgment or final order was
The phrase “any court” that is referred to in Rule entered, or such proceeding was taken. (Sec. 3,
38 are Metropolitan or Municipal or Regional Trial Rule 38)
Courts. (Sps. Mesina vs. Meer, G.R. No. 146845,
2002) Both periods are NOT extendible and never
interrupted. These two periods must CONCUR.
Motion for Reconsideration vs. Petition for (Quelnan v. VHF Philippines, G.R. No. 138500,
Relief 2005)
NEW TRIAL OR PETITION FOR
Note: The alternative phrase “or such proceeding
RECONSIDERATION RELIEF (RULE 38)
was taken” in Sec. 3, Rule 38 could be taken to
(RULE 37)
mean other proceedings which are NOT to be
Available before Available after entered, such as a writ of EXECUTION and an
judgment becomes judgment becomes order approving a COMPROMISE AGREEMENT.
final and executory. final and executory. In such cases, the period must have to commence
from the date of occurrence because entry is
Applies to judgments Applies to judgments, either unnecessary or inconsequential. (Feria and
or final orders only. final orders and other Noche, Civil Procedure Annotated, Vol. 2, 2013
proceedings. Ed., p. 120, citing Dirige v. Biranya, G.R. No. L-
22033, 1996)
Grounds: Grounds:
 FAME; and  FAME Petition for relief from a judgment based on a
 Newly compromise must be filed not later than 6 months
discovered from the date it was rendered (not date of entry),
evidence. since such judgment becomes final and executory
immediately upon approval of the compromise
Filed within the time to Filed within 60 days
agreement. (Republic v. Estenzo, G.R. No. L-
appeal. from knowledge of the
24656, 1968)
judgment and within 6
months from entry of
Note: A motion to dismiss the petition for relief
judgment.
may be filed on the ground of lack of jurisdiction,
If denied, the order of If denied, the order of when the latter is filed beyond the reglementary
denial is not denial is not period. (Pacific Importing v. Tinio, G.R. No. L-
appealable. The appealable. The 2634, 1949)
remedy is to appeal remedy is a special
from the judgment or
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c. Contents Of Petition
Proceedings After the Answer is Filed
The petition must contain: After the filing of the answer or the expiration of the
1. The affidavits showing the grounds relied period to file the answer, the court shall hear the
upon; petition.
2. The facts constituting the petitioner’s good
and substantial cause of action or defense Thereafter, the court may either:
(i.e., affidavit of merit); and a. Dismiss the petition if it finds that the
3. A verification; (Sec. 3, Rule 38). allegations thereof are not true; or
b. Set aside the judgment or final order or other
Note: A separate affidavit is NOT necessary if proceeding if it finds the allegations to be true.
such facts are alleged in the verified petition. The case shall then stand as if such judgment,
(Feria and Noche, 2013 Ed., p. 117, citing Fabar final order or other proceeding had never been
Incorporated v. Rodelas, G.R. No. L-46394 1977, rendered, issued, or taken. The court shall
and Samonte v. S.F. Naguiat, G.R. No. 165544, hear and determine the case as if a timely
2009) motion for a new trial or reconsideration had
been granted by it. (Sec. 6, Rule 38)
Order to File Answer
If the petition is sufficient in form and substance to IMPORTANT: An order GRANTING the petition
justify relief, the court in which it is filed, shall issue for relief is interlocutory hence not immediately
an order requiring the adverse parties to answer appealable. (Sec. 1(b), Rule 41).
the same within fifteen (15) days thereof. The
order shall be served in such manner as the court An order DENYING the petition for relief is now
may direct, together with copies subject only to certiorari under Rule 65. (Id.).
of the petition and the accompanying affidavits.
(Sec. 4, Rule 38) Procedure Where the Denial of an Appeal is Set
Aside
Note: If the petition is insufficient, as for example, The lower court shall be required to give due
no affidavit of merit is attached, the court may course to the appeal and to elevate the record of
dismiss the petition outright. (Omandam v. the appealed case as if a timely and proper appeal
Director of Lands, G.R. No. L-4301, 1954) had been made. (Sec. 7, Rule 38)
Failure to file answer does not warrant declaration 4. ANNULMENT OF JUDMENTS AND FINAL
of default. ORDERS AND RESOLUTIONS (RULE 47)
Preliminary Injunction Pending Proceedings Annulment of Judgment

Because a final and executory judgment is the A remedy in law independent of the case where
subject of a petition for relief, the judgment may be the judgment sought to be annulled was rendered.
subject to execution. A person who files a petition Consequently, an action for annulment of
under Rule 38 may file a preliminary injunction to judgment may be availed of even if the judgment
preserve the rights of the parties upon filing of a to be annulled had already been fully executed or
bond. implemented. (Bulawan v. Aquende, G.R. No.
182819, 2011; Diona v. Balangue, G.R. No.
The bond is conditioned upon the payment to the 173559, 2013)
adverse party of all damages and costs that may
be awarded to such adverse party by reason of the Coverage
issuance of the preliminary injunction. This Rule shall govern the annulment by the
Court of Appeals of judgments or final orders and
Such injunction shall not discharge any lien which resolutions in civil actions of Regional Trial
the adverse party may have acquired upon the Courts for which the ordinary remedies of new trial,
property of the petitioner. (Sec. 5, Rule 38) appeal, petition for relief or other appropriate
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remedies are no longer available through no fault 2. Lack of jurisdiction (Rule 47, Sec. 2)
of the petitioner. (Sec. 1, Rule 47) Absolute lack of jurisdiction over the person of the
defending party OR over the subject matter of the
This Rule also covers actions to annul a judgment claim.
or final order of a Municipal Trial Court which shall
be filed in the Regional Trial Court having Note: In a petition for annulment of judgment
jurisdiction over the former. It shall be treated as based on lack of jurisdiction, petitioner must show
an ordinary civil action and Sections 2, 3, 4, 7, 8 not merely an abuse of jurisdictional discretion, but
and 9 of this Rule shall be applicable thereto. (Sec. an ABSOLUTE lack of jurisdiction. (RP vs.
10, Rule 47) Technological Advocates, G.R. No. 165333, 2010)
The purpose is to set aside a final and executory 3. Denial of Due Process
judgment, so that there would be a renewal of
litigation. Denial of due process is recognized by
jurisprudence as an additional ground, where
This remedy is NOT available to decisions of there is an unconstitutional deprivation of property
quasi-judicial bodies. Rule 47 limits its without due process, or a party has not had his day
application to regional trial courts and in court (Intestate Estate of the Late Nimfa Sian v.
municipal trial courts. (Imperial v. Armes, G.R. Philippine National Bank, G.R. No. 168882, 2007;
Nos. 178842 & 195509, 2017). Sps. Benatiro vs. Heirs of Cuyos, G.R. No.
161220, 2008)
a. Grounds For Annulment
Summary of Rules on Grounds:
1. Extrinsic fraud (Rule 47, Section 2)
 If ground is extrinsic fraud – availability of
MR/MNT/Petition for relief will be a bar to Rule
Extrinsic or collateral fraud connotes any
47
fraudulent scheme executed by a prevailing litigant
 If ground is lack of jurisdiction – availability of
outside the trial of a case against the defeated
an MR/MNT/Petition for relief will not be a bar
party, or his agents, attorneys or witnesses,
to a Rule 47
whereby said defeated party is prevented from
presenting fully and fairly his side of the case.
Where Filed
(Libudan vs. Gil, G.R. No. L-21163, 1972)
 CA – over decisions of the RTC; or
 RTC – over decisions of the MTC (Sec. 1 and
The petitioner should show that the ordinary
10, Rule 47).
remedies of new trial, appeal, petition for relief or
other appropriate remedies are no longer available b. Period To File Action
without fault on the part of the petitioner. A petition
for annulment that ignores or disregards any of the a. If based on EXTRINSIC FRAUD – the action
safeguards cannot prosper. (Sibal v. Buquel, G.R. must be filed within four (4) years from its
No. 197825, Jan. 11, 2016). Thus, extrinsic fraud discovery;
will not be a valid ground if it was availed of, or b. If based on LACK OF JURISDICTION – the
could have been availed of in a motion for new trial action does not prescribe since the judgment
or a petition for relief from judgment. is void. But note that laches or estoppel can
set in as an equitable bar to the action (Sec. 3,
Note: The petition need not categorically state the Rule 47);
exact words “extrinsic fraud”; rather, the c. If based on DENIAL OF DUE PROCESS – the
allegations in the petition should be so crafted to action does not prescribe. Lack of due
easily point out the ground on which it was based. process renders the judgment void. An action
(Castigador vs. Nicolas, G.R. No. 184023, 2013) to declare the nullity of a void judgment does
not prescribe. (Sps. Benatiro vs. Heirs of
Cuyos, G.R. No. 161220, 2008)
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Filing and Contents of Petition Procedure

The action shall be commenced by filing a verified A petition for annulment of judgment filed in the
petition alleging therein with particularity: Court of Appeals shall observe the procedure in
a. The facts and the law relied upon for ordinary civil actions. Should a trial be necessary,
annulment; the reception of the evidence may be referred to a
b. Those supporting the petitioner’s good and member of the Court or a Regional Trial Court
substantial cause of action or defense, as the judge. (Rule 47, Sec. 6)
case may be. (Sec. 4, Rule 47).
c. Effects Of Judgment Of Annulment
The petition shall be filed in 7 legible copies,
together with: A judgment of annulment shall set aside the
1. Sufficient copies corresponding to the number questioned judgment or final order or resolution
of respondents. and render the same null and void, without
2. Affidavits of witnesses or documents prejudice to the original action being re-filed in the
supporting the cause of action; and proper court.
3. Certificate of non-forum shopping. (Id.)
However, where the judgment or final order or
A certified true copy of the judgment or final order resolution is set aside on the ground of extrinsic
or resolution shall be attached to the original copy fraud, the court may, on motion, order the trial
of the petition intended for the court and indicated court to try the case as if a timely motion for new
as such by the petitioner. (Id.) trial had been granted therein. (Rule 47, Sec. 7)
Suspension of Prescriptive Period

We have consistently held that a person need not
be party to the judgment sought to be annulled. The prescriptive period for the re-filing of the
What is essential is that he can prove his aforesaid original action shall be deemed
allegation that the judgment was obtained by the suspended from the filing of such original action
use of fraud and collusion and that he would be until the finality of the judgment of annulment.
adversely affected thereby. (Bulawan v. Aquende,
G.R. No. 182819, 2011) However, the prescriptive period shall not be
suspended where the extrinsic fraud is attributable
Material dates need to be stated to prove that the to the plaintiff in the original action. (Sec. 8, Rule
47)
petition was filed within 4 years from the discovery
of the fraud; fraud must be extrinsic (Ramos v.
Combong, Jr., G.R. No. 144273, 2005) Relief available
The judgment of annulment may include:
Submitted wrongly to the jurisdiction of the RTC a. Award of damages;
(should have been LBAA); once a party invokes b. Attorney’s fees; and
the jurisdiction of a court, that party cannot then c. Other relief. (Sec. 9, Rule 47)
deny it and use it as bases for a Rule 47 (Sps.
Teaño v. Navotas, G.R. No. 205814, 2016) If the questioned judgment or final order or
resolution had already been executed, the court
Action by the Court may issue:
a. Orders of restitution or
The court may:
a. Dismiss the petition outright, if it finds no b. Other relief as justice and equity may warrant
substantial merit in the petition, with specific under the circumstances. Annulment of
reasons for such dismissal; or Judgments or Final Orders of MTC. (Id.).
b. Give due course if the court finds prima facie
merit in the petition, in which case summons Remedies from a Rule 47
shall be served on the respondent. (Rule 47, a. If petition is denied – file a Rule 45 petition to
Sec. 5) SC (if questions of law are involved);
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b. If question of fact – no remedy left; S. EXECUTION, SATISFACTION AND

c. If petition was merely given due course (i.e., it EFFECT OF JUDGMENTS
is only interlocutory) – file a Rule 65 petition to
the SC 1. DIFFERENCE BETWEEN FINAL
JUDGMENT FOR PURPOSES OF APPEAL;
5. COLLATERAL ATTACK OF JUDGMENTS FOR PURPOSES OF EXECUTION
Collateral Attack of Judgments Differences for Purposes of Appeal
A collateral attack upon a judgment has been
defined to mean any proceeding in which the General Rule: Final judgments dispose of,
integrity of a judgment is challenged, except those adjudicate, or determine the rights of the parties
made in the action wherein the judgment is and leave nothing to be adjudicated upon. Only
rendered or by appeal, and except suits brought to final judgments can be the subject of an appeal.
obtain decrees declaring judgments to be void ab
initio. (15 R.C.L., 838); (Alviar vs. Carlos, G.R. No. Final judgment or Order
L-45291, 1937) A final judgment or order is one that finally
disposes of a case, leaving nothing more to be
Note: In the case of Sps. Benatiro, the CFI (RTC)'s done by the Court in respect thereto, e.g., an
order being null and void, it may be assailed adjudication on the merits which, on the basis of
anytime, collaterally or in a direct action or by the evidence presented at the trial, declares
resisting such judgment or final order in any action categorically what the rights and obligations of the
or proceeding whenever it is invoked, unless parties are and which party is in the right; or a
barred by laches. Consequently, the compromise judgment or order that dismisses an action on the
agreement and the Order approving it must be ground, for instance, of res judicata or prescription.
declared null and void and set aside. (Sps. Once rendered, the task of the Court is ended, as
Benatiro vs. Heirs of Cuyos, G.R. No. 161220, far as deciding the controversy or determining the
2008) rights and liabilities of the litigants is concerned.
Direct Attack vs. Collateral Attack Nothing more remains to be done by the Court
A DIRECT ATTACK against a judgment is made except to await the parties' next move and
through an action or proceeding the main object of ultimately, of course, to cause the execution of the
which is to annul set aside, or enjoin the judgment once it becomes "final" or, to use the
enforcement of such judgment, if not yet carried established and more distinctive term, "final and
into effect; or, if the property has been disposed of, executory." (Philippine Business Bank vs. Chua,
the aggrieved party may sue for recovery. G.R. No. 178899, 2010)
A COLLATERAL ATTACK is made when, in Differences for Purposes of Execution:

another action to obtain a different relief, an attack Execution of a final and executory judgment is a
on the judgment is made as an incident in said matter of right. A judgment is final and executory
action. This is proper only when the judgment, on when the law/rules do not provide for an appeal or
its face, is null and void, as where it is patent that the period to appeal has lapsed without an appeal
the court which rendered said judgment has no being taken.
jurisdiction. (Co vs. CA, G.R. No. 93687, 1991)
Final Judgments vs. Final and Executory
Judgments
Judgments are “FINAL” in a sense that they
finally dispose of, adjudicate, or determine the
rights of the parties. But such judgments are not
yet final and executory pending the period of
appeal. During that period, execution of the
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judgment cannot be yet demanded by the winning justice in order to consider certain circumstances
party as a matter of right. like:
i. Matters of life, liberty, honor or property;
Judgments become “FINAL AND EXECUTORY” ii. Existence of special or compelling
by operation of law. Finality of judgment becomes circumstances;
a fact upon the lapse of the reglementary period to iii. Merits of the case;
appeal if no appeal is perfected. In such a iv. Cause not being entirely attributable to the fault
situation, the prevailing party is entitled to a writ of or negligence of the party favored by the
execution, and issuance thereof is a ministerial suspension of the doctrine;
duty of the court. (Abrigo vs. Flores, G.R. No. v. Lack of any showing that the review sought is
160786, 2013); (Feria and Noche, Civil Procedure merely frivolous and dilatory;
Annotated, 2013 ed., vol. 2, p.127) vi. Other party will not be unjustly prejudiced by
the suspension. (Abrigo vs. Flores, G.R. No.
Doctrine of Immutability of Judgments 160786, 2013)
A judgment that has acquired finality becomes
immutable and unalterable, and may no longer be 2. WHEN EXECUTION SHALL ISSUE
modified in any respect even if the modification is
meant to correct erroneous conclusions of fact or NO appeal may be taken from an order of
law and whether it will be made by the court that execution. A party desiring to assail an order of
rendered it or by the highest court of the land. execution may instead file an appropriate special
civil action under Rule 65 of the Rules of Court.
The doctrine of immutability and inalterability of a
final judgment has a two-fold purpose: Requisites of a Writ of Execution
1. To avoid delay in the administration of justice The writ must conform strictly to the decision or
and thus, procedurally, to make orderly the judgment; it cannot vary the terms of the judgment
discharge of judicial business; and it seeks to enforce.
2. To put an end to judicial controversies, at the
a. Execution As A Matter Of Right
risk of occasional errors, which is precisely why
courts exist. When Execution is a Matter of Right
a. Upon judgment or order that disposes of the
Exceptions: action or proceeding;
a. Correction of clerical errors; b. Upon expiration of the period to appeal
b. Nunc pro tunc entries that cause no prejudice therefrom and no appeal has been duly
to any party; perfected;
c. Void judgments; and c. When appeal has been duly perfected and
d. Whenever circumstances transpire after the resolved with finality. (Sec. 1, Rule 39)
finality of the decision rendering its execution
unjust and inequitable. (Apo Fruits and Hijo Execution shall issue as a matter of right upon
Plantation vs. CA, G.R. No. 164195, 2009) motion. (Id.)
Note: A supervening event, to be sufficient to stay Judgments and Final Orders Which may be
or stop the execution, must alter or modify the Executed as a Matter of Right Even BEFORE
situation of the parties under the decision as to Expiration of Time to Appeal:
render the execution inequitable, impossible, or a. Judgment of lower court against defendant in
unfair. The supervening event cannot rest on forcible entry and unlawful detainer (where the
unproved or uncertain facts. (Abrigo vs. Flores, defendant fails to post a supersedeas bond or
G.R. No. 160786, 2013) deposit the rentals with the court, or where the
appeal is from a decision of the regional trial
Doctrine of immutability of a final judgment may be court against the defendant).
relaxed only to serve the ends of substantial
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b. Judgment in action for injunction, receivership,

accounting and support, unless otherwise Exceptions (i.e., when the court may refuse
ordered by the court. execution):
c. Award, judgment, final order, or resolution of a. Where the judgment turns out to be incomplete
quasi-judicial bodies appealable to the Court of or conditional;
Appeals. (Feria and Noche, Civil Procedure b. Judgment is novated by the parties (e.g.,
Annotated, 2013 ed., vol. 2, p. 127) compromise);
Note: These are without need of advance notice c. Change in the situation of the parties which
or service of a motion for execution on defeated would render execution of judgment unjust;
party. d. Execution is enjoined (e.g., there is a
preliminary injunction);
Section 1 of Rule 39 of the Revised Rules of Court e. Judgment has become dormant; or
does not prescribe that a copy of the motion for the f. Execution is unjust or impossible.
execution of a final and executory judgment be
served on the defeated party, like litigated motions A compromise agreement, once approved by final
such as a motion to dismiss (section 3, Rule 16), order of the court, has the force of res judicata
or motion for new trial (section 2, Rule 37), or a between the parties and should not be disturbed
motion for execution of judgment pending appeal except for vices of consent or forgery. Hence, a
(section 2, Rule 39), in all of which instances a decision on a compromise agreement is final and
written notice thereof is required to be served by executory and it has the force of law and is
the movant on the adverse party in order to afford conclusive between the parties. It transcends its
the latter an opportunity to resist the application. identity as a mere contract binding only upon the
parties thereto as it becomes a judgment that is
Once the judgment has become final and subject to execution in accordance with the Rules
executory, the prevailing party (judgment obligee) of Court. (Sonley v. Anchor Savings
may, by motion, ask for the issuance of a writ Bank/Equicom Savings Bank, G.R. 205623, 2016)
execution of the judgment in the court of origin.
(Far Eastern Surety vs. Vda. De Hernandez, G.R. However, a writ of execution should not vary the
No. L-30359, 1975) terms of the compromise agreement. Otherwise, it
is void. In this case, it is void because the
The prevailing party can have it executed as a Compromise Agreement only obliged the
matter of right, and the judgment debtor need not petitioners to deposit the settlement amount in
be given advance notice of the application for escrow. There was nothing in the Compromise
execution nor be afforded prior hearings thereon. Agreement that required the petitioners to ensure
(De Mesa vs. CA, G.R. No. 109387) the distribution of the settlement amount to each
claimant. (Chiquita Brands, Inc. v Omelio, GR No.
Elementary is the rule that every motion must 189102, 2017)
contain the mandatory requirements of notice and
hearing and that there must be proof of service Grounds for Quashing a Writ of Execution
thereof. The rule, however, is NOT ABSOLUTE. a. When the writ of execution varies the judgment;
There are motions that can be acted upon by the b. When there has been a change in the situation
court ex parte if these would not cause prejudice of the parties making the execution inequitable
to the other party. They are not strictly covered by or unjust;
the rigid requirement of the rules on notice and c. When execution is sought to be enforced
hearing of motions. A motion for execution is such against property exempt from execution;
kind of motion. (Anama vs. CA, G.R. No. 187021, d. When it appears that the controversy has never
2012) been submitted to the judgment of the court;
e. When the terms of the judgment are not clear
The issuance of the writ of execution is the enough and there remains room for
ministerial duty of the court. Thus, it is interpretation thereof;
compellable by MANDAMUS.
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f. When it appears that the writ of execution has Execution of a Judgment or Final Order
been improvidently issued; or Pending Appeal
g. When it appears that the writ of execution is Requisites:
defective in substance, or is issued against the 1. Motion for execution filed by the prevailing
wrong party or that the judgment debt has been party;
paid or otherwise satisfied, or the writ was 2. Notice of the motion to adverse party; and
issued without authority. 3. Good reasons stated in a special order after
due hearing. (Rule 39, Sec. 2)
You can also file a petition for certiorari under Rule
65 with prayer for TRO to restrain execution. On motion, WITH NOTICE to the adverse party,
(Albano, Remedial Law Reviewer) the prevailing party may apply for a writ of
execution of judgment or final order pending
When Execution of Final and Executory appeal.
Judgments May be ENJOINED:
a. Upon filing of a petition for relief from judgment, This must be done while trial court has
the court in which the petition is field may grant jurisdiction over the case and is in possession
preliminary injunction for the preservation of of either the original record or record on
the rights of the parties pending the appeal. The court may, in its discretion, order
proceedings; execution even before the expiration of the period
b. In an attack against a judgment which is void for appeal.
for lack of jurisdiction or was obtained through
fraud, the court in which the action for certiorari, After the trial court has lost jurisdiction, the
injunction, or annulment is filed may grant motion for execution pending appeal may be filed
preliminary injunction; and with the appellate court.
c. On equitable grounds. (Feria and Noche, Civil
Procedure Annotated, 2013 ed., vol. 2, p. 130) Note: Awards for MORAL and EXEMPLARY
damages CANNOT be the subject of execution
General Rule: The dispositive portion of the pending appeal. (International School, Inc.
decision is the part that is subject of execution. (Manila) v. CA, G.R. No. 131109, 1999)
Exceptions: Unlike the actual damages for which the

a. Where there is ambiguity, the body of the petitioners may clearly be held liable if they breach
opinion may be referred to for purposes of a specific contract and the amounts of which are
construing the judgment. (Mutual Security fixed and certain, liabilities with respect to moral
Insurance Corporation v. Court of Appeals, and exemplary damages as well as the exact
G.R. No. L-47018, 1987); amounts remain uncertain and indefinite pending
b. Where extensive and explicit discussion and resolution by the Intermediate Appellate Court
settlement of the issue is found in the body of (now CA) and eventually the Supreme
the decision. (Wilson Ong Ching Kian Chung, Court. (Radio Communications v. Lantin, G.R. No.
et al v. Chinese National Cereals Oil and L-59311, 1985)
Foodstuffs Import and Export Corp, et al. G.R.
No. 131502, June 8, 2000) Note: Execution pending appeal is NOT
applicable in land registration proceedings.
b. Discretionary Execution
Good Reasons
Types of Discretionary Execution Good reasons consist of compelling
i. Execution of a judgment or a final order circumstances justifying immediate execution lest
pending appeal; and judgment becomes illusory, or the prevailing party,
ii. Execution of several, separate or partial after the lapse of time, be unable to enjoy it,
judgments considering the tactics of the adverse party who
may have apparently no cause but to delay.
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(Archinet International, Inc. v. Beco Philippines, through the filing of a supersedeas bond. Thus, the
Inc. G.R. No. 183753, 2009) penultimate sentence of Section 3 states: “[T]he
bond thus given may be proceeded against on
Examples of GOOD REASONS: motion with notice to the surety.” Consequently, it
That the appeal was being taken for the purpose finds no application in election protest cases
of delay. (Presbitero v. Roxas, G.R. 48121, 1941) where judgments invariably include orders which
are not capable of pecuniary estimation such as
Where the education of the person to be supported the right to hold office and perform its
would be unduly delayed. (Javier v. Lucero, et al. functions. (Navarosa vs. Comelec, G.R. No.
G.R. No. L-6706, 1953) 157957, 2003)
The insolvency of the judgment debtor. (Archinet Judgments Not Stayed by Appeal
International, Inc. v. Becco Philippines, Inc. G.R. General Rule: Judgment is stayed by appeal. If so
No. 183753, 2009) stayed, it is not yet executory.
However, when there are several defendants and Exceptions: The following are instances when
the co-defendant is not insolvent, insolvency of a judgments are immediately executory:
defendant is not a good reason for execution. a. Injunction;
(Philippine National Bank v. Puno G.R. No. 76018, b. Receivership;
1989) c. Accounting;
d. Support;
Execution of Several, Separate, or Partial e. Other judgments declared to be immediately
Judgments executory as ordered by the trial court. (Sec. 4,
Several separate or partial judgments MAY be Rule 39)
executed under the SAME terms and conditions as
execution of judgment or final order pending These exceptions shall be enforceable after their
appeal. rendition and shall NOT be stayed by an appeal
taken therefrom UNLESS otherwise ordered by
Note: An award for actual/compensatory the trial court.
damages may be ordered executed pending
appeal, but not an award for moral or exemplary On appeal therefrom, the appellate court in its
damages. discretion MAY make an order suspending,
modifying, restoring or granting the injunction,
Stay of Discretionary Execution receivership, accounting, or award of support.
Discretionary execution is stayed upon approval
by the proper court of a sufficient supersedeas The stay of execution shall be upon such terms as
bond filed by the party against whom it is directed, may be considered proper for the security or
conditioned upon the performance of the judgment protection of the rights of the adverse party. (Sec.
or order allowed to be executed in case it shall be 4, Rule 39)
finally sustained in whole or in part.
Effect of Reversal of Executed Judgment
The supersedeas bond is filed by the petitioner The trial court may, on motion, issue such orders
and approved by the court BEFORE the judgment of restitution or reparation of damages as equity
becomes final and executory. It guarantees the and justice may warrant under the circumstances.
satisfaction of the judgment in case of affirmation (Sec. 5, Rule 39)
on appeal. (Rule 38, Section 3)
Note: Section 3 (Stay of Discretionary Execution)

applies to ordinary civil actions where the interest
of the prevailing party is capable of pecuniary
estimation, and consequently, of protection,
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3. HOW JUDGMENT IS EXECUTED REVIVAL OF REVIVAL OF

JUDGMENT JUDGMENT
a. Execution By Motion Or By Independent
(SECTION 6) (SECTION 34)
Action
An independent action A motion filed in court
A final and executory judgment or order may be
assigned with a new and not an
executed:
docket number, independent action.
a. On motion, within five (5) years from entry; or
requires the payment
b. By filing an independent action for revival of
of filing fees, and
judgment after five (5) years but before ten
assigned to a new
(10) years from entry.
court.
The revived judgment may be enforced: Assumes that there is Assumes that a
a. By motion, within five (5) years from date of its no execution within the judgment is executed
entry; or first five years. within the first five
b. By action, after the lapse of five (5) years, years.
before it is barred by the statute of limitations.
(Sec. 6, Rule 39) The party who files the The party who files the
action is the judgment motion is not the
Suspension of the Five Year Period for creditor himself, or his original judgment
Execution by Motion assignee, or creditor but the highest
There had been many instances where this Court successor-in-interest. bidder in the public
allowed execution by motion even after the lapse auction sale.
of five years, upon meritorious grounds. These
Filed due to lapse of Filed because movant
exceptions have one common denominator, and
the five-year period. is deprived of the
that is: the delay is caused or occasioned by
property purchased.
actions of the judgment debtor and/or is
incurred for his benefit or
advantage.||| (Republic v. Court of Appeals, G.R. Execution in Case of Death or Party
No. 91885, 1996) In case of death of the judgment obligee,
execution will issue upon the application of the
Execution by Independent Action – REVIVAL executor or administrator or successor-in-interest.
OF JUDGMENT
An action for revival of judgment is a new and In case of death of judgment obligor:
independent action. It is different and distinct from BEFORE levy:
the original judgment sought to be revived or a. Execution will issue if the action is for the
enforced. (Heirs of Miranda, Sr. v. Miranda, G.R. recovery of real or personal property or any lien
No. 179638, 2013) Hence, the five (5) year period thereon.
to enforce the judgment by motion and the ten (10) b. Execution will not issue if the action is for the
year period to enforce the judgment by action will recovery of a sum of money. The judgment
run from the date of finality of the revived judgment obligee must file a claim against the estate of
and not of the original judgment. the judgment obligor under Rule 86.
The action for revival of judgment need not AFTER levy: Execution will continue even in
necessarily be filed with the same court that money judgment. The property may be sold for the
decided the case; it shall be filed in the RTC as satisfaction of the judgment obligation, and the
one incapable of pecuniary estimation. officer making the sale shall account to the
corresponding executor or administrator for any
surplus in his hands.
(Sec. 7, Rule 39)
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b. Issuance And Contents Of A Writ Of Immediate Payment on Demand

Execution Judgment obligor shall pay in cash, certified bank
check payable to the judgment obligee, or any
Writ of Execution other form of payment acceptable to the latter of
A judicial writ issued to an officer authorizing the full amount stated in the writ of execution.
him/her to execute the judgment of the court. (Sec. 9 (a), Rule 39).
Requisites: Satisfaction by Levy

1. Must strictly conform to the decision or LEVY is an act by which an officer sets apart or
judgment which gives it life; appropriates a part of the whole property of the
2. Cannot vary the terms of judgment it seeks to judgment debtor for purposes of the execution
enforce. sale. (Llenares v. Valdeavella, G.R. No. 21572,
1924)
The writ must:
1. Be issued in the name of the Republic of the Levy is a pre-requisite to the auction sale. In order
Philippines from the court, which granted the that an execution sale may be valid, there must be
motion; a previous valid levy. A sale not preceded by a
2. State the name of the court, the case number valid levy is void and the purchaser acquires no
and title, the dispositive part of the subject title. (Valenzuela v. De Aguila, G.R. No. L-18083-
judgment or order; and 83, 1963)
3. Require the sheriff or other proper officer to
enforce the writ according to its terms. (Sec. 8, The officer shall levy upon properties of the
Rule 39) judgment obligor not otherwise exempt from
execution.
The motion for execution and the writ of execution
must state specifically the amount of interest, The judgment obligor exercises discretion to
costs, damages, rents, or profits due as of the date choose which property to levy and if not exercised;
of issuance of the writ, aside from the principal the officer shall levy first on personal property,
obligation. (Sec. 8(e), Rule 39) then on real property.
Special sheriffs for the service of a writ of The sheriff shall sell only property sufficient to
execution are not authorized by law. satisfy the judgment and other lawful fees. (Sec.
9(b), Rule 39)
An appeal is the remedy for an order denying the
issuance of a writ of execution. Mistaken Levy
Upon due application of the third person and after
Issuance of the corresponding writ of execution summary hearing, the court may command that
upon a final and executor judgment is a ministerial the property be released from the mistaken levy
duty of the court to execute which is compellable and restored to the rightful owner or possessor.
by mandamus (Ebero v. Cañizares, G.R. No. L- What said court can do in these instances,
1397, 1947) however, is limited to a determination of whether
the sheriff has acted rightly or wrongly in the
c. Execution Of Judgments For Money performance of his duties in the execution of
judgment, more specifically, if he has indeed taken
A judgment for money is enforced by:
hold of property not belonging to the judgment
i. Immediate payment on demand;
debtor. The court does not and cannot pass upon
ii. Satisfaction by levy;
the question of title to the property, with any
iii. Garnishment of debts and credits. (Sec. 9, Rule
character of finality (Magdalena T. Villasi v.
39)
Filomena Garcia, substituted by his heirs, namely,
Ermelinda H. Garcia, et al., G.R. No. 190106,
2014)
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A writ of execution directing the sheriff to cause the

Garnishment of Debts and Credits defendant to vacate is in the nature of a habere
GARNISHMENT is an act of appropriation by the facias possessionem and authorizes the sheriff to
court when the property of a debtor is in the hands break open the premises where there is no
of a third person. It is a species of attachment for occupant therein. (Arcadio v. Ylagan, A.C. No.
reaching any property or credits pertaining or 2734, July 30, 1986)
payable to a judgment debtor. (De la Victoria v.
Burgos, G.R. No. 111190, 1995) Removal of Improvements on Property Subject
of Execution
Note: Garnishment is proper only when the Officer shall not destroy, demolish, or remove
judgment to be enforced is one for payment of a improvements except upon special order of the
SUM OF MONEY. It cannot be employed to court. (Sec. 10(d), Rule 39)
implement a special judgment such as that But if demolition is involved, there must be a
rendered in a special civil action for mandamus. special order. (Id.).
(National Home Mortgage vs. Alpajaro, G.R. No.
166508, 2009) Delivery of Personal Property
The officer shall take possession of the same and
The sheriff may levy on debts due to the debtor, or forthwith deliver it to the party entitled to satisfy
other credits, including bank deposits, financial any judgment for money as therein provided. (Sec.
interests, royalties, commissions and other 10(e), Rule 39)
personal property, not capable of manual delivery
in the possession or control of 3rd parties. Notice Failure to Comply
must be served to the 3rd party. (Sec. 9(c), Rule If a party fails to comply within the time specified,
39). the court may direct the act to be done at the cost
of the disobedient party. (Sec. 10 (a), Rule 39)
Note: The unused balance of an overdraft account
is not a credit subject to garnishment. (Feria and When the party refuses to comply, the court can
Noche, Civil Procedure Annotated, 2013 ed., vol. appoint some other person at the expense of the
2, p.181) disobedient party and the act done shall have the
same effect as if the disobedient party performed
The garnishee or the 3rd person who is in it. (Id.)
possession of the property of the judgment debtor
is deemed a forced intervenor. (Bank of the e. Execution Of Special Judgments
Philippine Islands v. Lee, G.R. No. 190144, 2012)
Special Judgment
d. Execution Of Judgments For Specific A special judgment is one which requires the
Acts performance of any other act than the payment of
money, or the sale or delivery of real or personal
Sale of Real or Personal Property property. (Moslem v. Soriano, G.R. No. L-36837,
The officer must sell such property, describing it, 1983)
and apply the proceeds in conformity with the
judgment. (Sec. 10(b), Rule 39) For example, a judgment granting a petition for
mandamus is a special judgment, since a writ of
Delivery or Restitution of Real Property mandamus is a command directed to an inferior
The officer shall demand the losing party to court, tribunal, or board, or to some corporation or
peaceably vacate the property within 3 working person, requiring the performance of a particular
days, and restore possession to judgment obligee; duty, and which duty results from the official
otherwise, the officer shall oust such disobedient station of the party to whom the writ is directed, or
party. (Sec. 10(c), Rule 39) from operation of law. (National Housing Mortgage
Finance Corporation v. Abayari, G.R. No. 166508,
2009)
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ix. Salaries, wages, or earnings as are necessary

Requisites: for support of family within 4 months preceding
1. The judgment requires performance of any act levy;
other than payment of money, or the sale or x. Lettered gravestones;
delivery of real or personal property. xi. Monies, benefits, privileges, or annuities
2. A certified copy of the judgment shall be: accruing out of any life insurance; and
i. Attached to the writ of execution; and xii. Properties specially exempt from execution.
ii. Served by the office upon:
3. Party against whom the judgment is rendered; Other EXEMPTIONS:
4. Any other person required by the judgment or i. Property mortgaged to DBP. (Section 26, C.A.
by law to obey the writ. (Sec. 11, Rule 39) 458);
ii. Property taken over by Alien Property
Failure to comply with special judgment under Administration. (Section 9[f], US Trading With
Rule 39, Section 11 is punishable by contempt The Enemy Act);
by imprisonment. This is an exception to the rule iii. Savings of national prisoners deposited with
that contempt is not a remedy to enforce a the Postal Savings Bank. (Act 2489);
judgment. (Id.) iv. Backpay of pre-war civilian employees. (R.A.
304);
f. Effect Of Levy On Third Persons v. Philippine Government backpay to guerillas.
(R.A. 897);
The levy on execution creates a lien in favor of the vi. Produce, work animals, and farm implements
judgment obligee over the right, title, and interest of agricultural lessees, subject to limitations.
of the judgment obligor in such property at the time (Section 21, R.A. 6389);
of the levy, subject to liens and encumbrances vii. Benefits from private retirement systems of
then existing. (Sec 12, Rule 39) companies and establishments, with
limitations. (R.A. 4917);
4. PROPERTIES EXEMPT FROM
viii. Labor wages, except for debts incurred for
EXECUTION
food, shelter, clothing, and medical attendance.
Except as otherwise expressly provided by law, (Civil Code, Art. 1708);
the following property, and no other, shall be ix. Benefit payments from the SSS. (Section 16
EXEMPT from execution: R.A. 1161 as amended by P.D.s 24, 65, and
i. Family home, or homestead, land necessarily 177);
used in connection therewith; x. Copyrights and other rights in intellectual
ii. Ordinary tools and implements used in trade, property under the former copyright law. (P.D.
employment, or livelihood; 49 cf. Section 239.3, R.A. 8293);
iii. Three (3) horses, cows, carabaos, or other xi. Bonds issued under R.A. 1000. (NASSCO v.
beast of burden necessarily used in his/her CIR G.R. No. L-17874, 31 August 1963;
ordinary occupation; Regalado, F. Remedial Law Compendium Vol.
iv. Necessary clothing and articles for ordinary 1, 9th ed., pp. 481-482)
personal use, except jewelry;
v. Household furniture and utensils necessary for But no article or species of property mentioned
housekeeping that has value not exceeding under Section 13, Rule 39 shall be exempt from
P100K; execution issued upon a judgment recovered for
vi. Provisions for individual or family use sufficient its price or upon a judgment of foreclosure of a
for 4 months; mortgage hereon.
vii. Professional libraries and equipment;
viii. One fishing boat and accessories value of Government Retirement Benefits Subject to
which does not exceed P100K used in Execution Pursuant to a Protection Order
livelihood; Under R.A. 9262
Based on Section 8(g) of R.A. 9262 (Anti-Violence
Against Women and Their Children Act), the court
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has the power to direct the employer to withhold c. He may file "any proper action" to vindicate his
the appropriate amount from the Respondent’s claim to the property. (Id.)
salary and to automatically remit the same to the
woman, despite what other laws provide. The Note: A "proper action" is entirely distinct and
Supreme Court ruled that Section 8(g) of R.A. separate from that in which the judgment is
9262, which is a later law, should be understood being enforced, filed with the court of
to be an exception to the general rule prohibiting competent jurisdiction. Such a "proper action"
garnishment of the government benefits. In may have for its object the recovery of
addition, the Supreme Court declared that the ownership or possession of the property seized
law’s use of the term “employer” applies to all by the sheriff, as well as damages from the
employers, whether private or government. allegedly wrongful seizure and detention of the
(Republic of the Philippines vs. Daisy R. Yahon, property.
G.R. No. 201043, June 16,2014)
The availment of the remedy of terceria is not a
5. PROCEEDINGS WHERE PROPERTY IS condition sine qua non to the filing of a "proper
CLAIMED BY THIRD PERSONS; IN action." An independent action may be resorted to
RELATION TO THIRD PARTY CLAIM IN even before or without need of filing a claim in the
ATTACHMENT AND REPLEVIN court which issued the writ. (Naguit v. Court of
Appeals, G.R. No. 137675, 2000)
Who May File Third Party-Claims
Any other person other than the judgment obligor Time to File a Terceria
or his agent, i.e., the third-part claimant. (Sec. 16, A terceria may be filed at any time, so as long as
Rule 39) the sheriff has the possession of the property
levied upon, or before the property is sold under
Remedies of a Third-Party Claimant Under Sec. execution.
16, Rule 39
Based on this section, a third-party claimant has Procedure in Making a Terceria
the following cumulative remedies: Third (3rd) Party Claimant should:
a. He may avail of “terceria” by serving on the 1. Make an affidavit of his/her title thereto, or
levying officer an affidavit of his title or right of right of possession thereof, stating the
possession over the levied property, and grounds of such right or title; and
serving also a copy to the judgment creditor; 2. Serve such affidavit upon the sheriff and a
copy thereof upon the judgment obligee.
Note: Terceria is a remedy available to a third
person other than the judgment obligor or his Effect of Terceria
agent who claims a property levied on. (Fermin The officer shall not be bound to keep the property,
v. Esteves, G.R. No. 147977, 2008) UNLESS the judgment obligee, on demand the
officer files an INDEMNITY BOND approved by
b. He may file a case for damages against the the court to indemnify the third party claimant in a
bond issued by the judgment debtor within 120 sum not less than the value of the property levied
days from the date of the filing of the bond; on.
Note: By availing of terceria, the officer served In case of disagreement as to the value of the
with the affidavit of the third-party claimant shall property, the court issuing the writ shall determine
not be bound to keep the property claimed, the same.
unless the judgment creditor files an
indemnity bond. It is such bond which the The officer shall not be liable for damages to any
third-party claimant can enforce against. It shall third-party claimant if such bond is filed by the
be in a sum not less than the value of the levied judgment obligee for the taking or keeping of the
property. (Sec. 16, Rule 39). property.
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Nothing herein contained shall prevent such demand of said sheriff, shall file a bond approved
claimant or any third person from vindicating his by the court to indemnify the third-party claimant in
claim to the property in a SEPARATE action. a sum not less than double the value of the
property as stated in the applicant’s affidavit.
However, the judgment obligee can claim (Sec. 7, Rule 60)
damages against a third-party claimant who filed a
frivolous or plainly spurious claim, and such Remedy: Nothing shall prevent claimant or any 3rd
judgment obligee can institute proceedings person from vindicating his claim to the property,
therefor in the SAME or SEPARATE action. or prevent the applicant from claiming damages
against a 3rd-party claimant who filed a frivolous or
When the writ of attachment is issued in favor of plainly spurious claim, in the SAME or a
the Republic of the Philippines, or any officer SEPARATE action. (Id.)
duly representing it, the filing of such bond shall
NOT be required, and in case the sheriff is sued RETURN OF WRIT OF EXECUTION
for damages as a result of the attachment, he shall
be represented by the Solicitor General, and if The writ of execution shall be returnable to the
held liable therefor, the actual damages adjudged court immediately after the judgment has been
by the court shall be paid by the National satisfied in part or in full.
Treasurer out of the funds to be appropriated for
the purpose. (Sec. 16, Rule 39) If the judgment cannot be satisfied in full within
thirty (30) days after receipt of the writ, the officer
In Relation to Third-Party Claim in Attachment shall report to the court and state the reason
and Replevin therefor. (Sec. 14, Rule 39)
Proceedings where property is claimed by a third
person are the same as to a judgment obligee Lifetime of the Writ of Execution
(final and executory judgments), an attaching The writ shall continue in effect during the period
party (attachment), and an applicant praying for within which the judgment may be enforced by
recovery of possession of personal property motion. (Id.) Thus, the writ is enforceable within
(replevin), EXCEPT that the amount of the the five (5) year period from entry of judgment.
INDEMNITY BOND they file differs. (Sec. 5, Rule 39).
Attachment (Rule 57) EXECUTION SALE

To keep the property in the possession of the
sheriff, the ATTACHING PARTY or his AGENT, Notice of Sale of Property on Execution
on demand of the sheriff, shall file a BOND If PERISHABLE property: notice is made by
approved by the court to indemnify the third-party posting a written notice of the time and place of the
claimant in a sum not less than the value of the sale in three (3) public places, preferably in
property levied upon. (Sec. 14, Rule 57) conspicuous areas of the municipal or city hall,
post office and public market where the sale is to
Remedy: Nothing shall prevent a claimant or any take place, for such time as may be reasonable,
third person from vindicating his claim to the considering the character and condition of the
property, or prevent the attaching party from property.
claiming damages against a third-party claimant
who filed a frivolous or plainly spurious claim, in OTHER PERSONAL property: notice is made by
the SAME or a SEPARATE action. (Sec. 14, Rule posting a similar notice in three (3) public places
57) above-mentioned for not less than five (5) days.
Replevin If REAL property: notice is made by posting for

To keep the property in the possession of the 20 days in three (3) public places a similar notice
sheriff or to have the latter deliver the property to particularly describing the property and stating
the applicant, the APPLICANT or his AGENT, on where the property is to be sold.
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 If the assessed value of the property exceeds execution and the costs that have been incurred
P50,000, notice is made by: therein. (Sec. 18, Rule 39)
o Publishing a copy of the notice once a week
for two (2) consecutive weeks in one (1) How Property Sold on Execution; Who May
newspaper selected by raffle (whether in Direct Manner And Order of Sale
English, Filipino, or any major regional Sales of property under execution must be made:
language published, edited and circulated 1. At public auction;
or, in the absence thereof, having general 2. To the highest bidder; and
circulation in the province or city). 3. To start at the exact time fixed in the notice.
In ALL cases, a written notice of the sale shall be After sufficient property has been sold to satisfy
given to the judgment obligor, at least three (3) the execution, no more shall be sold and any
days before the sale, except as provided in excess shall be promptly delivered to the judgment
paragraph (a) where notice shall be given at any obligor or his/her authorized representative,
time before the sale. It shall specify the place, unless otherwise directed by the judgment or order
date and exact time of sale (between 9AM and of the court. (Sec. 19, Rule 39)
2PM). (Sec. 15, Rule 39,)
ORDINARY SALE ON SALE IN JUDICIAL
Penalty For Selling Without Notice, or EXECUTION FORECLOSURE OF
Removing or Defacing Notice MORTGAGE
The following are liable for actual and punitive
damages: No need for Must be confirmed by
a. An officer selling without the notice required confirmation of the the court
under Section 15; and court
b. A person willfully removing or defacing the
notice posted, if done before the sale, or before Right of redemption No right of redemption
satisfaction of judgment if satisfied before the exists when real except by the
sale. property is involved. mortgagor where the
mortgagee is a bank or
Actual and punitive damages may be recovered by a banking institution.
motion in the same action. (Sec. 17, Rule 39) (see Section 47 of
General Banking Law
Place of Sale of 2000)
A. It may be agreed upon by the parties; or
B. In the absence of such agreement, the sale will If the mortgagee is a
be held in: non-banking
a. Sale or Real or Personal Property NOT institution, there is no
Capable of Manual Delivery: right to redeem. Only
 Office of the Clerk of Court of MTC; or equity of redemption is
 RTC which issued the writ or was available.
designated by the appellate court Title is acquired after Title is acquired upon
b. Sale of Personal Property Capable of the expiration of the entry of the
Manual Delivery: period of redemption confirmation and
 Place where property is located. (Sec. when the final deed of registration of the
15, Rule 39) conveyance is foreclosure sale.
executed.
No Sale if Judgment and Costs Paid
At any time before the sale of property on
execution, the judgment obligor may prevent the Refusal of Purchaser to Pay
sale by paying the amount required by the The officer may again sell the property to the
highest bidder and shall not be responsible for any
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loss occasioned thereby. But the court may order Conveyance of Real Property; Certificate
the refusing purchaser to pay to the court the thereof Given to Purchaser and Filed with the
amount of such loss with costs. The court may Registry of Deeds
punish him/her for contempt if he/she disobeys the The officer must give to the purchaser a certificate
order. The officer may then reject any subsequent of sale.
bid of such purchaser who refuses to pay. (Sec.
20, Rule 39) Contents of the CERTIFICATE OF SALE:
1. A particular description of the real property
If Judgment Obligee is Purchaser sold;
When the purchaser is the judgment obligee, and 2. The price paid for each distinct lot or parcel;
no third party claim has been filed, he/she need 3. The whole price paid by him/her; and
not pay the amount of the bid if it does not exceed 4. A statement that the right of redemption expires
the amount of his/her judgment. If it does, he/she 1 year from the date of the registration of the
shall pay only the excess. (Sec. 21, Rule 39) certificate of sale. (Sec. 25, Rule 39)
Adjournment of Sale Note: The certificate of sale in this case is merely

a. With written consent of the judgment obligor provisional. No court confirmation is required.
and obligee or their duly authorized
representatives: the officer may adjourn the Certificate of Sale Where Property is Claimed
sale to any date and time agreed upon by them. by Third Person
b. Without such written consent: the officer may The certificate of sale must make express mention
adjourn the sale from day to day if it becomes of the existence of such third-party claim. (Sec. 26,
necessary to do so for lack of time. (Sec. 22, Rule 39)
Rule 39)
6. RULES ON REDEMPTION
Conveyance to Purchaser of Personal Property
Capable of Manual Delivery Right of redemption is only for real properties.
When the purchaser pays the purchase price, the
officer making the sale must deliver the property to Who may redeem REAL property
the purchaser and, if desired, execute and deliver a. The JUDGMENT OBLIGOR; or
to him/her a certificate of sale. (Sec. 23, Rule 39) b. His SUCCESSOR IN INTEREST in the whole
or any part of the property;
Conveyance to Purchaser of Personal Property
NOT Capable of Manual Delivery A creditor having a lien by virtue of an attachment,
When the purchaser pays the purchase price, the judgment or mortgage on the property sold, or on
officer must execute and deliver a certificate of some part thereof, subsequent to the lien under
sale. The certificate conveys to the purchaser all which the property was sold. Such redeeming
the rights which the judgment obligor had in the creditor is termed a REDEMPTIONER. (Sec. 27,
property as of the date of the levy on execution Rule 39)
or preliminary attachment. (Sec. 24, Rule 39)
Period to redeem
Note: The execution and delivery of a certificate of A. Judgment Debtor: Within one (1) year from
sale is mandatory for personal property not the date of registration of the certificate of sale.
B. Redemptioner:
capable of manual delivery (unlike in conveyance
of personal property capable of manual delivery). a. Within one (1) year from the date of
This constitutes symbolic delivery. registration of the certificate of sale if he/she
is the first redemptioner; and
b. Within 60 days from the last redemption, if
he/she is a subsequent redemptioner. (Sec.
28, Rule 39)
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Note: The periods for redemption are not

extendible or interrupted. The parties may, The formal offer to redeem accompanied by a
however, agree on a longer period. In such case, bona fide tender of the redemption price within the
it would be a conventional redemption. (Lazo v. period of redemption prescribed by law, is only
Republic Surety & Insurance Co., G.R. No. 27365, essential to preserve the right of redemption for
1970) future enforcement even beyond such period of
redemption. The filing of the action itself, within the
The judgment debtor has always one year from the period of redemption, is equivalent to a formal offer
registration of the certificate of sale within which to to redeem. (Tolentino v. Court of Appeals, G.R.
redeem, regardless of whether there have been No. 50405-06, 1981)
any prior redemptions and the date of such
redemptions; and the moment said judgment Certificate of Redemption
debtor redeems, there shall be no further The person to whom redemption is made must
redemption. execute and deliver a certificate of redemption
acknowledged before a notary public or other
The redemptioner, on the other hand, must officer authorized to take acknowledgments of
redeem within the one-year period, if he is the first conveyances of real property. (Sec. 29, Rule 39)
redemptioner, and within 60 days from the last
redemption, if he is a subsequent redemptioner, Proof of Redemption Required by
provided that the judgment debtor has not Redemptioner
exercised his right of redemption. (Regalado, A redemptioner must produce to the officer, or
Remedial Law Compendium, Vol. I, Sixth Revised person from whom he/she seeks to redeem, and
Edition, p. 457) serve with his/her notice to the officer:
i. A copy of the judgment or final order
Redemption Price certified by the clerk of the court wherein the
The following are included in the redemption price judgment or final order is entered; or,
to be paid by the redeeming party: ii. If he/she redeems upon a mortgage or other
A. If redeemed by the judgment obligor or first lien, a memorandum of the record thereof,
redemptioner: certified by the registrar of deeds, or an
1. Purchase price; original or certified copy of any assignment
2. 1%interest per month thereon, up to the necessary to establish his/her claim; and
time of redemption; iii. An affidavit executed by him/her or his/her
3. Any amount of assessments or taxes which agent, showing the amount then actually due
the purchaser may have paid thereon after on the lien. (Sec. 30, Rule 39)
purchase and interest on such last named
amount at the same rate; and Manner of Using Premises Pending
4. If the purchaser be also a creditor having a Redemption; Waste Restrained
prior lien to that of the redemptioner, other Until the expiration of the time allowed for
than the judgment under which such redemption, the court may, as in other proper
purchase was made, the amount of such cases, restrain the commission of WASTE on the
other lien, with interest. property by injunction, on the application of the
B. If redeemed by subsequent redemptioners: purchaser or the judgment obligee, with or without
1. Amount paid on the last redemption; notice. (Sec. 31, Rule 39)
2. 2% interest per month thereon;
3. Any amount of assessments or taxes which BUT it is NOT waste for a person in possession of
the last redemptioner may have paid the property at the time of the sale, or entitled to
thereon after redemption by him/her with possession afterwards, during the period allowed
interest on such last named amount; and for redemption:
4. Amount of any liens held by said last a. To continue to use it in the same manner in
redemptioner prior to his/her own, with which it was previously used;
interest. (Sec. 28, Rule 39)
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b. To use it in the ordinary course of husbandry; The purchaser may:

or a. File a motion in the same action or in a
c. To make the necessary repairs to buildings separate action to recover from the judgment
thereon while he/she occupies the property. obligee the price paid, with interest, or so much
(Sec. 31, Rule 39) thereof as has not been delivered to the
judgment obligor, or
Rents, Earnings and Income of Property b. File a motion to have the original judgment
Pending Redemption revived in his/her name for the whole price with
All rents, earnings and income derived from the interest, or so much thereof as has been
property pending redemption shall belong to the delivered to the judgment obligor. (Sec. 34,
judgment obligor until the expiration of his/her Rule 39)
period of redemption. (Sec. 31, Rule 39)
Note: The judgment so revived shall have the
Deed and Possession to be Given at Expiration same force and effect as an original judgment
of Redemption Period; By Whom Executed or would have as of the date of the revival and no
Given more.
a. If NO redemption is made within one (1) year
from the date of the registration of the Right to Contribution or Reimbursement
certificate of sale - the purchaser is entitled to Contribution and reimbursement may be obtained
a conveyance and possession of the property; in a separate action, unless cross claims have
b. If redeemed whenever sixty (60) days have been filed and adjudicated in the same action, in
elapsed and no other redemption has been which case, execution may issue to compel
made, and notice thereof given, and the time contribution or reimbursement. (Feria and Noche,
for redemption has expired – the last Civil Procedure Annotated, 2013 ed., vol. 2)
redemptioner is entitled to the conveyance
and possession. 7. EXAMINATION OF JUDGMENT OBLIGOR
WHEN JUDGMENT IS SATISFIED
In all cases the judgment obligor shall have the
entire period of one (1) year from the date of the Upon return of writ of execution, and judgment is
registration of the sale to redeem the property. still unsatisfied, the creditor may ask the court to
require the debtor to appear and his/her property
The deed shall be executed by: or income be examined. (Sec. 6, Rule 39)
a. The officer making the sale; or
b. His/her successor in office. Limitation
No judgment obligor shall be required to appear
Recovery of Price if Sale Not Effective; Revival before a court or commissioner outside the
of Judgment province or city in which such obligor resides or is
The purchaser may recover the purchase price if: found.
A. The purchaser or his/her successor-in-interest,
8. EXAMINATION OF DEBTORS OF THE
fails to recover the possession thereof; or
JUDGMENT OBLIGOR
B. The purchaser or his/her successor-in-interest
is evicted therefrom: The court may order to be examined any person
a. In consequence of irregularities in the or corporation who has property of the debtor, or
proceedings concerning the sale; or is indebted to the debtor in order to bind the credits
b. Because the judgment has been reversed due to debtor. (Sec. 37, Rule 39)
or set aside; or
c. Because the property sold was exempt from Enforcement of Attendance and Conduct of
execution; or Examination
d. Because a third person has vindicated A party or other person may be compelled, by an
his/her claim to the property. order or subpoena, to attend before the court or
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commissioner to testify as provided in Sections 36 between the same parties involving a different
and 37. (Sec. 38, Rule 39) cause of action.
9. EFFECT OF JUDGMENT AND FINAL Res Judicata or Bar By Prior Judgment

ORDERS A judgment or decree of a court of competent
jurisdiction concludes the litigation between the
Effects of Judgments In Rem: parties and their successors or privies and bars a
The judgment or final order is CONCLUSIVE upon new action or suit involving the same cause of
the title to the thing, the will or administration or the action.
condition, status or relationship of the person in
case of a judgment or final order: Res Judicata v Conclusiveness of Judgment
a. Against a specific thing; or Res judicata (meaning, a “matter adjudged”) is a
b. In respect to the probate of a will; or fundamental principle of law which precludes
c. The administration of the estate of a deceased parties from re-litigating issues actually litigated
person; or and determined by a prior and final judgment.
d. In respect to the personal, political, or legal There is a bar by prior judgment where there is
condition or status of a particular person or his identity of parties, subject matter, and causes of
relationship to another (Example: action between the first case where the judgment
naturalization, adoption, and annulment of was rendered and the second case that is sought
marriage) to be barred. There is conclusiveness of
judgment, on the other hand, where there is
Exception: The probate of a will or granting of identity of parties in the first and second cases, but
letters of administration shall only be PRIMA no identity of causes of action. (De Leon v Dela
FACIE evidence of the death of the testator or Llana, G.R. No. 212277, 2015)
intestate. (Sec. 47(a), Rule 39)
Estoppel by Judgment or Conclusiveness of
Effects of Judgments In Personam Judgment
In OTHER CASES, the judgment or final order is, Any right, fact or matter in issue which has been
with respect to the matter directly adjudged or as directly adjudicated upon or is necessarily
to any other matter that could have been missed involved in the determination of the action by a
in relation thereto, CONCLUSIVE between the competent court is conclusively settled by the
parties and their successors in interest, by title judgment or final order and CANNOT be litigated
subsequent to the commencement of the action or again by the parties and their privies.
special proceeding, litigating for the same thing
and under the same title and in the same capacity. Generally, decisions in administrative cases are
(RES JUDICATA or BAR BY PRIOR JUDMENT) not binding on criminal proceedings. Thus, an
(Sec. 47(b), Rule 39) absolution from a criminal charge is not a bar to an
administrative prosecution or vice versa. However,
In ANY OTHER LITIGATION BETWEEN THE this case does not involve an administrative
SAME PARTIES OR THEIR SUCCESSORS IN charge stemming from the same set of facts
INTEREST, that only is deemed to have been involved in the criminal proceeding. The DARAB
adjudged in a former judgment or final order which case involves a determination of whether there
appears upon its face to have been so adjudged, exists a tenancy relationship between X and Y,
or which was actually and necessarily included while the criminal case involves determination of
therein or necessary thereto. (ESTOPPEL BY whether X committed theft. However, the tenancy
JUDGMENT OR CONCLUSIVENESS OF relationship is a factor in determining all the
JUDGMENT) (Sec. 47(c), Rule 39) elements of theft. Hence, findings of fact of
administrative agencies in the exercise of quasi-
Judgment is deemed CONCLUSIVE when the judicial powers are entitled to respect if supported
issues actually and directly resolved in a former by substantial evidence. (People v Ligtas G.R.
suit cannot again be raised in any future case 200751, August 17, 2015)
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10. ENFORCEMENT AND EFFECT OF

FOREIGN JUDGMENTS OR FINAL ORDERS
i. In case of a judgment or final order UPON A

SPECIFIC THING:
 The judgment or final order is conclusive
upon the title to the thing.
ii. In case of a judgment or final order AGAINST
A PERSON:
 The judgment or final order is presumptive
evidence of a right as between the parties
and their successors in interest by a
subsequent title.
iii. In EITHER case, the judgment or final order
may be REPELLED by evidence of:
a. Want of jurisdiction;
b. Want of notice to the party;
c. Collusion;
d. Fraud; or
e. Clear mistake of law or fact.
Enforcement
In order to enforce a foreign judgment in the
Philippines, it is necessary to file an action
based on said judgment. A foreign judgment is
presumed valid and binding in the country from
which it comes, until the contrary is show. (Feria
and Noche, Civil Procedure Annotated, 2013 ed.,
vol. 2, p. 287)
Recognition
A defendant in a Philippine court may invoke a
foreign judgment as res judicata in his defense. It
is not necessary to institute a separate action
or proceeding for recognition of the foreign
judgment, as long as the parties opposed to the
judgment on the grounds of want of jurisdiction,
want of notice to the party, collusion, fraud, or clear
mistake of law or fact, have the opportunity to
challenge the foreign judgment. (Id. at p. 288)
———— end of topic ————
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PROVISIONAL
REMEDIES
Remedial Law
ATENEO CENTRAL
IV. PROVISIONAL REMEDIES 4. Sheriffs duty in the implementation of the

writ; when property is claimed by third
party
TOPIC OUTLNE UNDER THE 2020 SYLLABUS
G. PROVISIONAL REMEDIES AND INTERIM
RELIEFS UNDER SPECIAL LAWS AND
IV. PROVISIONAL REMEDIES
RULES
A. NATURE AND PURPOSE
1. Provisional remedies of the Family Courts
B. JURISDICTION OVER PROVISIONAL
2. Human Security Act
REMEDIES
3. Anti-Violence against Women and
C. PRELIMINARY ATTACHMENT
Children Act
1. Grounds for issuance of writ of attachment
4. Anti-Money Laundering Act
2. Requisites
5. Financial Rehabilitation and Insolvency
3. Issuance and contents of order of
Act
attachment; affidavit and bond
6. Precautionary Hold Departure Orders
4. Rule on prior or contemporaneous service
of summons
5. Manner of attaching real and personal
property; when property attached is
claimed by third person
6. Discharge of attachment and the counter-
bond
7. Satisfaction of judgment out of property
attached
8. Compared with garnishment and levy on
execution
D. PRELIMINARY INJUNCTION
1. Definitions and differences: preliminary
injunction, temporary restraining order,
and status quo ante order
2. Requisites
3. Kinds of injunctions; kinds of temporary
restraining orders
4. When writ may be issued, when writ may
not be issued
5. Grounds for issuance of preliminary
injunction
6. Grounds for objection to, or for the
dissolution of injunction or restraining order
7. Duration of temporary restraining orders
8. Rule on prior or contemporaneous service
of summons in relation to attachment
E. RECEIVERSHIP
1. Cases when receiver may be appointed
2. Requisites
3. Requirements before issuance of an order
4. General powers of a receiver
5. Two kinds of bonds
6. Termination of receivership
F. REPLEVIN
1. When may writ be issued
2. Requisites
3. Affidavit and bond; redelivery bond
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A. NATURE AND PURPOSE 5. Financial Rehabilitation an Insolvency Act of

2010 (R.A. 10142);
Nature of Provisional Remedies 6. Special rules under Alternative Dispute
Provisional remedies are temporary and ancillary Resolution Act (R.A. 9285);
remedies to which party-litigants may resort for the 7. Custody of minors (A.M. 03-04-04-SC);
preservation or protection of their rights or 8. Provisional remedies relative to the rule on
interests, and for no other purpose, during the Writ of Amparo and Writ of Habeas Data;
pendency of the principal action. (FERIA & 9. Rules of Procedure for Environmental Cases
NOCHE, 2013) (A.M. No. 09-6-8-SC);
10. Precautionary Hold Departure Orders (A.M.
Purpose of Provisional Remedies No. 18-07-05-SC).
i. To protect the rights of a party during the
litigation;
ii. To secure the judgment;
iii. To preserve the subject matter of the litigation; B. JURISDICTION OVER PROVISIONAL
iv. To preserve the status quo / status quo ante; REMEDIES
v. To prevent very serious damage; or
vi. To meet a very urgent need. The court which has jurisdiction over the main
(RIANO, 2016). action is the court which may grant or issue a
provisional remedy. (RIANO, 2009)
Provisional Remedies under the Rules of Court
1. Preliminary Attachment (Rule 57); All inferior courts can grant all appropriate
2. Preliminary Injunction (Rule 58); provisional remedies. The enforcement of said
3. Receivership (Rule 59); writs outside the territorial jurisdiction of the inferior
4. Replevin (Rule 60); and court no longer requires the approval of the RTC.
5. Support Pendente Lite (Rule 61).
Except for the provisional remedy of support
Note: This enumeration is not exclusive. (Lorenzo pendente lite, because the main case wherein this
Shipping Corp. v. Villarin, G.R. Nos. 175727 & remedy may be involved is within the jurisdiction
178713, 2019) of the Regional Trial Court. (Regalado, 2008)
In one case, the Court upheld the validity of an

order of the trial court to the petitioner to make a
C. PRELIMINARY ATTACHMENT
deposit of the down payment paid by the
respondent to the former pursuant to an Nature of Preliminary Attachment
annulment of a contract of sale. In upholding the Attachment is a provisional remedy by which the
order, the Court mentioned that there is a hiatus in property of an adverse party is taken into legal
the law and in the Rules of Court. If left alone, the custody, either at the commencement of an action
hiatus will result in unjust enrichment to the or at any time thereafter, as a security for the
petitioner at the expense of respondent. The satisfaction of any judgment that may be
hiatus may also imperil restitution. (Reyes v. Lim, recovered by the plaintiff or any proper party. (Olib
G.R. No. 134241, 2003) v. Pastoral, G.R. No. 81120, 1990)
Other Laws Providing For Provisional Preliminary attachment, under Rule 57, is an
Remedies ancillary remedy applied not for its own sake but
1. VAWC (R.A. 9282); to enable the attaching party to realize upon the
2. Marital cases (nullity, annulment, legal relief sought and expected to be granted in the
separation) (A.M. 02-11-12-SC); main or principal action; it is a measure auxiliary or
3. Human Security Act of 2007 (R.A. 9372); incidental to the main action.
4. Anti-Money Laundering Act of 2001 (R.A.
9160);
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As such, it is available during its pendency which Kinds of Attachments

may be resorted to by a litigant to preserve and 1. PRELIMINARY ATTACHMENT - issued at the
protect certain rights and interests during the commencement of the action or at any time
interim, awaiting the ultimate effects of a final before entry of judgment as security for the
judgment in the case. (Lim, Jr. v. Sps. Lazaro, satisfaction of any judgment that may be
G.R. No. 185734, Jul. 3, 2013) recovered. The court takes custody of the
property. (Sec. 1, Rule 57);
It is a proceeding quasi in rem. (Banco-Español 2. GARNISHMENT - plaintiff reaches a credit/s
Filipino v. Palanca, G.R. No. L-11390, Mar. 26, belonging to the defendant and owing to him
1918) from a third person who is a stranger to the
litigation. It does not involve actual seizure of
The attachment of the property of the defendant the property; it simply impounds the property in
converts an ordinary action in personam into an the garnishee’s possession and maintains the
action quasi in rem. In such case, jurisdiction over status quo until the main action is finally
the person of the defendant is not required as long decided. (Sec. 7(d), Rule 57; Sec. 9(c), Rule
as the court acquires jurisdiction over the res. 39);
(Biaco v. Countryside Rural Bank, G.R. No. 3. LEVY ON EXECUTION - the writ issued by the
161417, 2007) court after judgment by which the property of
the judgment obligor is taken into custody of the
Attachment is purely a statutory remedy, and it court before the sale of the property on
cannot exist without a statute. Its legal bases for execution. (Sec. 9[b], Rule 39)
application include Rule 57 of the Rules of Court
and Article 1177 of the Civil Code, which When Writ May be Availed of
authorizes a creditor to pursue the property of the An application for the issuance of a writ of
debtor. (RIANO, 2009, p. 538) attachment may be filed:
a. At the commencement of the action; or
Who May Apply For a Writ of Preliminary b. At any time before entry of judgment. (Sec. 1,
Attachment Rule 57).
A plaintiff or any proper party may have the
property of the adverse party attached. (Sec. 1, Before the determination of the liability of the
Rule 57) adverse parties, the writ of preliminary attachment
may properly issue. The attachment does not
Thus, a writ of preliminary attachment may be affect the decision of the case on the merits, the
issued in favor of a defendant who sets up a right to recover judgment on the alleged
counterclaim. (De Borja v. Platon, G.R. No. 48080, indebtedness and the right to attach the property
1942) of the debtor being entirely separate and distinct.
As a rule, the judgment in the main action neither
Purposes of Preliminary Attachment changes the nature nor determines the validity of
i. To seize the property of the debtor before final the attachment. (Peroxide Philippines Corp. v.
judgment and put the same in custodia legis Court of Appeals, G.R. No. 92813, 1991)
even while the action is pending for the
satisfaction of a later judgment. (Insular Bank Effectivity of Preliminary Attachment
of Asia and America v. Court of Appeals, G.R. The lien continues until the debt is paid, or the sale
No. L-61011, 1990) is made under execution issued on the judgment,
ii. To enable the court to acquire jurisdiction over or until the judgment is satisfied, or the attachment
the res or the property subject of the action in discharged or vacated in the same manner
cases where service in person or any other provided by law. (Lim, Jr. v. Sps. Lazaro, G.R. No.
service to acquire jurisdiction over the 185734, 2013)
defendant cannot be effected. (Philippine
Commercial International Bank v. Alejandro,
G.R. No. 175587, 2008)
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1. GROUNDS FOR ISSUANCE OF But the mere fact of failure to pay after the
PRELIMINARY ATTACHMENT obligation to do so has become due and despite
several demands is not enough to warrant the
The following are the grounds for the issuance of issuance of a writ of preliminary attachment. (Mt.
a preliminary attachment: Banahaw Wood Industries, Inc. v. Naga Dynasty
A. In an action for the recovery of a specified Allied Marketing Corp., G.R. No. 211179, 2019)
amount of money or damages, other than
moral and exemplary, on a cause of action Two Kinds of Fraud Contemplated in Rule 57,
arising from law, contract, quasi-contract, Section 1(d): Fraud in Contracting & Fraud in
delict, or quasi-delict against a party who is Performance of the Obligation
about to depart from the Philippines with the 1. Dolo causante – fraud to induce another to
intent to defraud his creditors; enter into a contract which renders it voidable.
B. In an action for money or property embezzled (Articles 1330, 1338, 1390, Civil Code);
or fraudulently misapplied or converted to his 2. Dolo incidente – fraud employed in the
own use by a public officer, or an officer of a fulfillment of the obligation which obliges the
corporation, or an attorney, factor, broker, payment of damages (Article 1344, Civil
agent, or clerk, in the course of his employment Code)
as such, or by any other person in a fiduciary
capacity, or for a willful violation of duty; Fraud Committed Need Not be Criminal Fraud
C. In an action to recover the possession of The conduct of the corporate officer was more
property unjustly or fraudulently taken, than an irregularity (i.e., unauthorized taking of
detained or converted, when the property, or corporate funds and appropriating for its own use);
any part thereof, has been concealed, removed and while it is not sufficiently serious to constitute
or disposed of to prevent its being found or criminal fraud, it is undoubtedly a fraud of a civil
taken by the applicant or an authorized person; character because it is an abuse of confidence to
D. In an action against a party who has been guilty the damage of the corporation and its stockholders
of a fraud in contracting the debt or incurring and constitutes one of the grounds enumerated for
the obligation upon which the action is brought, the issuance of a preliminary attachment. (Olsen
or in the performance thereof; and Co. v. Olsen, G.R. No. 23237, 1925)
E. In an action against a party who has removed
or disposed of his property, or is about to do so, Fraud Must be Alleged With Particularity
with intent to defraud his creditors; and A writ of preliminary attachment is too harsh a
F. In an action against a party who does not reside provisional remedy to be issued based on mere
in the Philippines, or on whom summons may abstractions of fraud. Rather, the rules require
be served by publication. (Sec. 1, Rule 57) that for the writ to issue, there must be a recitation
of clear and concrete factual circumstances
Note: In grounds 1 to 5, fraud (e.g., in fraud of manifesting that the debtor practiced fraud upon
creditors, fraudulent detention or removal, the creditor at the time of the execution of their
embezzlement, etc.) is an essential requirement. agreement in that said debtor had a preconceived
plan or intention not to pay the creditor. (Equitable
Further, the enumeration in Rule 57, Sec. 1 is Bank v. Special Steel, G.R. No. 175350, 2012)
exclusive.
Example of Fraud
Also Note: Insolvency is not a ground for As a security to the loan contracted, defendant
issuance of a writ. The fact that the defendant offered a fake title and a vehicle heavily
company’s bank account has been reduced to nil mortgaged. He subsequently sold the vehicle and
is not a ground for the issuance of attachment. his two condo units before the case was filed
(Aboitiz v. Cotabato Bus Co., G.R. No. L-35990, against him. (Liberty Insurance v. CA, G.R. No.
Jun. 17, 1981). 104405, 1993)
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Removal of Property dispense with the need for acquiring jurisdiction

Under Sec. 1(e) of Rule 57, two requisites must be over his person. (RIANO, 2009, p. 545).
satisfied to justify a preliminary attachment:
a. There is a removal or disposal of the property; 2. REQUISITES
and
b. The removal or disposal must be with intent to 1. Application - An application may be filed at the
defraud the creditor. (RIANO, 2009, p. 544). commencement of the action, or at any time before
entry of judgment. (Rule 57, Sec. 1)
Mere removal or disposal of property, by itself, is
not ground for issuance of preliminary attachment, If applied for at the commencement of the action,
notwithstanding absence of any security for the it must be incorporated in a verified complaint
satisfaction of any judgment against the alleging all the grounds relied upon and complying
defendant. The removal or disposal, to justify with all the requisites for the grant of the
preliminary attachment, must have been made application. Here, the writ may be granted ex parte
with intent to defraud defendants’ creditors. or even before summons is served. If not applied
(Carpio v. Macadaeg, G.R. No. 17797, 1963). for at the commencement of the action, it must
only be applied for after service of summons upon
The execution of a mortgage in favor of another the defendant. (Davao Light & Power Co., Inc. v.
creditor is not conceived by the Rules as one of Court of Appeals, G.R. No. 93262, 1991).
the means of fraudulently disposing of one’s
property. By mortgaging a piece of property, a See discussion on Prior or Contemporaneous
debtor merely subjects it to a lien but ownership is Service of Summons for Rules on
not parted with. (Adlawan v Torres, G.R. Nos. Implementation/Execution of Writ of Attachment.
65957-58, July 5, 1994)
2. Affidavit – To ensure that the applicant states
Service of Summons By Publication the truth by requiring him to allege the presence of
See earlier discussion on Service of Summons by all the legal requirements under oath. The affidavit
Publication. is the foundation of the writ and if none is filed or
one is filed but wholly fails to set out some facts
Rule 14, Sec. 16 of the Rules of Court expressly required by law to be stated therein, there is no
states that in any action where the defendant is jurisdiction and the proceedings are null and void.
designated as an unknown owner, or the like, or (Jardine-Manila Finance, Inc. v. Court of Appeals,
G.R. No. 55272, 1989)
whenever his whereabouts are unknown and
cannot be ascertained by diligent inquiry, service
may, with leave of court, be effected upon him by 3. Attachment Bond – Executed in favor of the
publication in a newspaper of general circulation. adverse party in an amount fixed by the court, the
Thus, the rule applies to any action, whether in bond is conditioned to pay all the costs which will
personam, in rem, or quasi in rem. (Santos v. be adjudged the adverse party and all damages he
PNOC, G.R. No. 170943, 2008) may sustain if the court should later rule that the
applicant is not entitled to the attachment. (Sec. 4,
Note: Substituted service is the normal mode of Rule 57).
service of summons that will confer jurisdiction on
the court over the person of residents temporarily The surety is liable for all damages and not only
out of the Philippines. Hence, the court may for damages sustained during the appeal as this is
acquire jurisdiction over an action in personam by its commitment. (Phil. Charter Insurance v CA,
mere substituted service without need of attaching G.R. No. 88379, 1989)
the property of the defendant. (PCIB v Alejandro,
G.R. No. 177857, 2007) The writ will not be issued if a real estate mortgage
exists to secure the obligation. (Salgado v. CA,
Under this ground, the purpose of the attachment G.R. No. 55381, 1994)
is to reach his property in the Philippines and to
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3. ISSUANCE AND CONTENTS OF ORDER demand or the value of the property attached,
OF ATTACHMENT; AFFIDAVIT AND BOND EXCLUSIVE of costs. (Secs. 2 and 3, Rule 57).
Three Stages in the Grant of Preliminary Several writs may be issued at the same time to
Attachment the sheriffs of the courts of different judicial
I. The court issues the order granting the regions. (Rule 57, Sec. 2)
application;
II. The writ of attachment is issued pursuant to an Ex parte grant of the writ is allowed because it is
order of the court granting the writ; and possible that during the course of the hearing, the
III. The writ is enforced/implemented. (Torres v. part against whom the writ is sought may dispose
Satsatin, G.R. No. 166759, 2009). of his property or abscond before the writ is issued.
(Filinvest v. Relova, G.R. No. L-50378, 1982)
Note: For Stages 1 and 2, it is NOT necessary that
jurisdiction over the person of the defendant be Affidavit
first obtained. But in Stage 3, the court must have An order of attachment shall be granted only when
acquired jurisdiction over the defendant, because it appears that it is supported by an affidavit which
without such jurisdiction, the court has no power or contains:
authority to act in any manner against the 1. A sufficient cause of action exists;
defendant. (Cuartero v. CA, G.R. No. 102448, 2. The case is one of those mentioned in Sec. 1,
1992). Rule 57;
3. There is no other sufficient security for the
Hence, when the sheriff or other proper officer claim sought to be enforced by the action; and
commences implementation of the writ of 4. The amount due to the applicant is as much as
attachment, it is essential that he serve on the the sum for which the order is granted above all
defendant not only a copy of the applicant's legal counterclaims. (Sec. 3, Rule 57).
affidavit and attachment bond, and of the order of
attachment, as explicitly required by Section 5 of The affidavit may be made by:
Rule 57, but also the summons addressed to said a. The applicant of the writ of preliminary
defendant. (Davao Light & Power Co., Inc. v. Court attachment; or
of Appeals, G.R. No. 93262, 1991). b. Some other person who personally knows the
facts. (Id.).
But prior or contemporaneous service of summons
may be dispensed with under certain exceptions. It is not enough to state that a sufficient cause of
(Sec. 5, Rule 57; see further discussions on Rule action exists. The applicant must state the facts
on Prior or Contemporaneous Service of constituting the cause of action, as well as facts,
Summons). i.e. place, time, date, to illustrate the grounds for
attachment relied upon.
Issuance of the Order
An order of attachment may be issued either ex A bare allegation that an encumbrance of property
parte or upon motion with notice and hearing by: is in fraud of creditors does not suffice. Factual
a. The court in which the action is pending; bases for such conclusion must be clearly averred.
b. The Court of Appeals; or (Adlawan v Torres, G.R. No. 65957-58, 1994)
c. The Supreme Court. (Sec. 2, Rule 57).
Bond
The order must require the sheriff of the court to The party applying for the order of attachment
attach so much of the property in the Philippines must thereafter give a bond which is:
of the party against whom it is issued (must not be 1. Executed to the adverse party;
exempt from execution) as may be sufficient to 2. In the amount fixed by the court in its order
satisfy the applicant’s demand, UNLESS such granting the issuance of the writ;
party makes a deposit or gives a bond, which may 3. Conditioned that the applicant will pay all the
be the amount sufficient to satisfy the applicant’s costs which may be adjudged to the adverse
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party and all damages which he may sustain by 5. MANNER OF ATTACHING REAL AND
reason of the attachment, if the court shall PERSONAL PROPERTY; WHEN PROPERTY
finally adjudge that the applicant was not ATTACHED IS CLAIMED BY THIRD
entitled thereto. (Sec. 4, Rule 57) PERSON
The affidavit and the bond must be duly filed with Manner of Attaching Property
the court before the writ of attachment issues. The sheriff enforcing the writ shall without delay
(Sec. 3, Rule 57) and with all reasonable diligence attach, to await
judgment and execution in the action, such
4. RULE ON PRIOR OR property:
CONTEMPORANEOUS SERVICE OF 1. Only so much of the property sufficient to
SUMMONS satisfy the applicant’s demand;
2. That which is found in the Philippines;
General Rule: No levy on attachment pursuant to 3. That which belongs to the party against whom
the writ issued under Section 2, Rule 57 shall be the writ is issued; and
enforced unless preceded, or contemporaneously 4. That which is not exempt from execution. (Sec.
accompanied by service upon the defendant within 5, Rule 57).
the Philippines of the following:
1. Summons; PROCEDURE FOR ATTACHMENT OF REAL
2. A copy of the complaint; AND PERSONAL PROPERTY
3. The application for attachment;
4. The applicant’s affidavit and bond; and Kinds of Real Property Covered
5. The order and writ of attachment. (Sec. 5, Rule Real property, or growing crops thereon, or any
57; Davao Light and Power Co., Inc. v. CA, interest therein which is:
G.R. No. 147058, 2006) a. Standing upon the record of the registry of
deeds of the province in the name of the party
Exceptions: Prior or contemporaneous service of against whom attachment is issued; or
summons shall not apply when: b. Not appearing at all upon such records; or
a. Summons could not be served personally or by c. Belonging to the party against whom
substituted service despite diligent efforts; attachment is issued and held by any other
b. Defendant is a resident of the Philippines person; or
temporarily absent therefrom; d. Standing on the records of the registry of deeds
c. Defendant is a non-resident of the Philippines; in the name of any other person. (Sec. 7(a),
or Ryle 57).
d. The action is one in rem or quasi in rem. (Sec.
5, Rule 57). Procedure for Attachment of Real Property
Real property is attached by:
Note: In exceptions 1 to 3, the principal action may 1. Filing with the registry of deeds:
be an action in personam. If the court issues a writ i. A copy of the order;
of preliminary attachment, it converts the action in ii. A description of the property attached; and
personam into an action quasi in rem. iii. A notice that it is attached, or that such real
property and any interest therein held by or
Recall: In actions in rem and quasi in rem, standing in the name of such other person
jurisdiction over the person of the defendant is not are attached; and
required. What is required is jurisdiction over the 2. Leaving a copy of such order, description, and
res although summons must also be served on the notice with the occupant of the property, if any,
defendant in order to satisfy due process or with such other person or his agent if found
requirements. (See De Pedro v. Romasan Dev’t, within the province. (Id.)
G.R. No. 194751, 2014)
Where the property has been brought under the
operation of either the Land Registration Act or the
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Property Registration Decree, the notice shall Attachment of Interest of the Party Against
contain a reference to: Whom Attachment is Issued in Property
1. The number of the certificate of title; Belonging to the Estate of the Decedent,
2. The volume and page in the registration book Whether as Heir, Legatee, or Devisee
where the certificate is registered; and Attachment is made by serving the executor or
3. The registered owner or owners thereof. (Id.) administrator or other personal representative of
the decedent with a copy of the writ and notice that
Note: The registrar of deeds must index said interest is attached. (Sec. 7(e), Rule 57).
attachments filed under this section in the names
of the applicant, the adverse party, or the person A copy of said writ of attachment and of said notice
by whom the property is held or in whose name it shall also be filed in the office of the clerk of the
stands in the records. (Id.) court in which said estate is being settled and
served upon the heir, legatee, or devisee
If the attachment is not claimed on the entire area concerned. (Id.).
covered by the certificate of title, a description
sufficiently accurate for the identification of the Attachment of Property in Custodia Legis
land or interest to be affected shall be included in If the property sought to be attached is in custodia
the registration of such attachment. (Id.) legis, a copy of the writ of attachment shall be filed
with the proper court or quasi-judicial agency, and
Attachment of Personal Property Capable of notice of the attachment served upon the
Manual Delivery custodian of such property. (Sec. 7, Rule 57).
Attachment shall be made by taking and safely
keeping it in his custody, after issuing the Property legally attached is property in custodia
corresponding receipt therefor. (Sec. 7(b), Rule legis and cannot be interfered without the
57). permission of the proper court, but this is confined
to cases where the defendant has proprietary
Attachment of Stocks or Shares interest. Otherwise, the attachment will be void.
Attachment shall be made by leaving with the (Traders Royal Bank v. IAC, G.R. No. L-66321,
president or managing agent thereof: 1984)
1. A copy of the writ; AND
2. A notice stating that the stock or interest of the Effect of Attachment of Debts, Credits, Similar
party against whom the attachment is issued, Personal Property
is attached pursuant to the writ. (Sec. 7[c], Rule Those who have in their possession or control any
57). credits or other similar personal property which
belongs to the party against whom the attachment
Attachment of Debts and Credits, Bank is issued, or owing any debts to him, shall be liable
Deposits, Financial Interest, Royalties, to the applicant for the amount of such credits,
Commissions, and Other Personal Property debts or other similar property. (Sec. 8, Rule 57).
Not Capable of Manual Delivery
Attachment shall be made by leaving with the Such liability shall accrue from the time of service
person owing such debts, or having in his upon him of the copy of the writ of attachment and
possession or under his control, such credits or until the attachment is discharged, or any
other personal property, or with his agent, a copy judgment recovered by him is satisfied, UNLESS
of the writ, and notice that the debts owing by him such property is delivered or transferred, or such
to the party against whom attachment is issued, debts are paid, to the clerk, sheriff, or other proper
and the credits and other personal property in his officer of the court issuing the attachment. (Id.).
possession, or under his control, belonging to said
party, are attached in pursuance of such writ. (Sec.
7(d), Rule 57).
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Effect of Attachment of Interests in Property The attached property may be sold by order of the
Belonging to the Estate of a Decedent court whenever it shall be made to appear that:
The attachment of the interest of an heir, legatee, a. The property is perishable, or
or devisee in the property belonging to the estate b. The interests of all the parties to the action will
of a decedent shall NOT impair the powers of the be subserved by the sale thereof. (Sec. 11,
executor, administrator, or other personal Rule 57).
representative of the decedent over such property
for the purpose of administration. (Sec. 9, Rule The court may order such property to be sold at a
57). public auction in such manner as it may direct,
and the proceeds of such sale to be deposited in
Such personal representative, however, shall court to abide the judgment in the action. (Id.).
report the attachment to the court when any
petition for distribution is filed, and in the order Such order to sell shall be made:
made upon such petition, distribution may be 1. By the court where the action is pending; and
awarded to such heir, legatee or devisee, but the 2. Upon notice and hearing to both parties. (Id.).
property attached shall be ordered delivered to the
sheriff making the levy, subject to the claim of such Remedies of the Third Person Claiming a
heir, legatee, or devisee, or any person claiming Property Subject of a Writ of Attachment
under him. (Id.). a. File a terceria by executing an affidavit of his
title or right of possession over the property
It is not necessary to serve summons upon the levied on attachment and serving the same to
garnishee to acquire jurisdiction upon him. All that the office making the levy and the adverse
is required is service upon him of the writ of party or third party claim (Sec. 16, Rule 39;
garnishment. (Perla Compania de Seguros v. Sec. 14, Rule 57);
Ramolete, G.R. No. L-60887, 1991) b. A writ of replevin (Sec. 7, Rule 60);
c. Motion for summary hearing on his claim for the
Examination of Party Whose Property is purpose of determining whether the sheriff has
Attached and Persons Indebted to Him or acted rightly or wrongly in the performance of
Controlling His Property his duties in the execution of the writ of
Any person owing debts to the party whose attachment, more specifically if he has indeed
property is attached or having in his possession or levied on attachment and taken hold of
under his control any credit or other personal property not belonging to the plaintiff;
property belonging to such party, may: d. File a separate action to nullify the levy with
a. Be required to attend before the court in which damages resulting from the unlawful levy and
the action is pending, or before a commissioner seizure.
appointed by the court, and be examined on
oath; or The remedies are CUMULATIVE and any one of
b. Be required to attend for the purpose of giving them may be resorted to without availing of the
information respecting his property, and may other remedies. (Ching v. CA, G.R. No. 124642,
be examined on oath. (Sec. 10, Rule 57). 2004).
The court may, after such examination, order Note: In that in item no. 3 above, it does not refer
personal property capable of manual delivery to intervention under the Rules of Court. It is rather
belonging to him, in the possession of the person simply an invocation of the Court's power of
so required to attend before the court, to be supervision and control over the actuations of its
delivered to the clerk of the court or sheriff on such officers and employees to the end that it be
terms as may be just, having reference to any lien assured that these conform to the law. (Ong v.
thereon or claim against the same, to await the Tating, G.R. No. L-61042, 1987).
judgment in the action. (Id.).
In resolving the motion of the third party, the court
When Attached Property May be Sold does not and cannot pass upon the question of the
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title to the property with any character of finality. It Nevertheless, nothing herein contained shall
can treat the matter only insofar as may be prevent such claimant or any third person from
necessary to decide if the sheriff has acted vindicating his claim to the property, or prevent the
correctly or not. If the claimant’s proof does not attaching party from claiming damages against a
persuade the court of the validity of the title, or right third-party claimant who filed a frivolous or plainly
of possession thereto, the claim will be denied by spurious claim, in the same or a separate action.
the court. (Ching v. CA, G.R. No. 124642, 2004) (Id.)
Terceria Exemption from Bond Requirement in Terceria

A stranger to the action, i.e., a person not a party When the writ of attachment is issued in favor of
to the action, whose property is seized pursuant to the Republic of the Philippines, or any officer duly
the writ of delivery (attachment), is accorded the representing it, the filing of the aforementioned
remedy known as a terceria, a third party claim. bond shall not be required. (Id.)
(La Tondeña Distillers, Inc. v. Court of Appeals,
G.R. No. 88938, 1992) In case the sheriff is sued for damages as a result
of the attachment, he shall be represented by the
Under the remedy of terceria, the sheriff shall not Solicitor General, and if held liable therefor, the
be bound to keep the property under attachment if actual damages adjudged by the court shall be
the property attached is being claimed by any paid by the National Treasurer out of the funds to
person, other than whom the attachment, or his be appropriated for the purpose. (Sec. 14, Rule
was issued against and such person: 57)
1. Makes an affidavit of his title thereto or right of
possession thereof; 6. DISCHARGE OF ATTACHMENT AND THE
2. The affidavit states the grounds of the right or COUNTER-BOND
title;
3. Such affidavit is served upon the sheriff while Grounds to Discharge Preliminary Attachment
he is still in possession of the attached Preliminary attachment shall be discharged when
property; and it is established that any of the following grounds
4. A copy of the affidavit is served upon the exist:
attaching party. (Sec. 14, Rule 57) a. The debtor has posted a counterbond or has
made the requisite cash deposit (Sec. 12, Rule
However, the sheriff shall be bound to keep the 57)
property if the attaching party or his agent shall file b. The attachment was improperly or irregularly
a bond, on demand of the sheriff and approved by issued as where there is no ground for
the court, to indemnify the third-party claimant. attachment under Section 1 of this Rule (Sec.
The value of the bond shall not be less than the 13, Rule 57);
value of the property levied upon. In case of c. The bond filed is defective or insufficient (Sec.
disagreement as to such value, the same shall be 13, Rule 57);
decided by the court issuing the writ of attachment. d. The attachment is excessive, but the discharge
(Id.) shall be limited to the excess (Sec. 13, Rule
57);
The sheriff shall not be liable for damages for the e. The property attached is exempt from
taking or keeping of such property, to any such execution, hence exempt from preliminary
third-party claimant, if the aforementioned bond attachment (Secs. 2 & 5, Rule 57); or
shall be filed. (Id.) f. The judgment is rendered against the attaching
creditor. (Sec. 19, Rule 57)
No claim for damages for the taking or keeping of
the property may be enforced against the bond Note: Attachment is IRREGULAR when any of the
unless the action therefor is filed within 120 days six (6) grounds for attachment are present but
from the date of the filing of the bond. (Id.) attachment was not made according to the rules.
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When the preliminary attachment is issued upon a Where the party against whom attachment had
ground which is at the same time the central issue been issued has deposited money instead of
of applicant's cause of action, the defendant is not giving counter-bond, it shall be applied under the
allowed to file a motion to dissolve the attachment direction of the court to the satisfaction of any
under Section 13 of Rule 57 by offering to show judgment rendered in favor of the attaching party,
the falsity of the factual averments in the plaintiffs and after satisfying the judgment the balance shall
application and affidavits on which the writ was be refunded to the depositor or his assignee. (Sec.
based - and consequently that the writ based 18, Rule 57).
thereon had been improperly or irregularly issued
- the reason being that the hearing on such a If the judgment is in favor of the party against
motion for dissolution of the writ would be whom attachment was issued, the whole sum
tantamount to a trial of the merits of the action. deposited must be refunded to him or his
(Watercraft Venture v. Wolfe, G.R. No. 181721, assignee. (Id.).
2015)
Counterbond is Discharged Either:
When Counterbond is Filed a. Wholly when there is full satisfaction of the
i. Before enforcement of the writ (Sec. 2, Rule judgment or court finally absolved surety; or
57); b. In part with the security given. (Sec. 12, Rule
ii. During enforcement of the writ (Sec. 5, Rule 57)
57);
iii. After enforcement of the writ. (Sec. 12, Rule 57) Distinction between Counterbond and
Attachment Bond
Note: In case of item 3 above, the moving party ATTACHMENT/
may either file a counterbond or make a cash COUNTERBOND
APPLICANT’S BOND
deposit. (Id.)
Purpose
Purpose of Counterbond
To pay all the costs To secure the payment
The purpose of a counterbond is to secure the
which may be adjudged of any judgment that
payment of any judgment that the attaching party
to the adverse party the attaching party may
may recover in the action. (Secs. 12 and 17, Rule
and all damages which recover in the action.
57)
he may sustain by (Secs. 12 and 17, Rule
reason of the 57)
Notice and Hearing
attachment, if the court
Discharge is not automatic. There must be due
shall finally adjudge
notice served on the attaching party and hearing
that the applicant was
and an order issued by the court. Should it involve
not entitled thereto.
a cash deposit, a notice of the deposit shall
(Secs. 4 and 12, Rule
likewise be served on the attaching party. (Sec.
57)
12, Rule 57).
When Discharged
Amount of the Counterbond or Cash Deposit
Not discharged even if Not discharged until full
It shall be in an amount, exclusive of cost, equal
attachment discharged, satisfaction or Court
to:
since damage may be finally absolved surety
a. That fixed by the court in the order of
adjudged by the court even if case dismissed
attachment, exclusive of costs; or
to the adverse and reinstated or
b. The value of the particular property, if the
party/defendant. (Uy attachment is
attachment sought to be discharged is with
Kimpang v. Javier, wrongfully issued. (Id.)
respect to a particular property, as determined
G.R. No. L-43461, Dec.
by the court. (Secs. 2 and 12, Rule 57)
16, 1937)
Cash Deposit
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Claimed Obligors in the bond are absolutely liable for the

amount of any judgment that the plaintiff may
Claim only after due Notice to surety and recover in the action without reference to the
notice to the surety and summary hearing; after question of whether the attachment was rightfully
proper hearing and which, the surety or wrongfully issued. The same rule applies to the
ruling shall be included becomes charged and plaintiff’s attachment bond. (Uy Kimpang v. Javier,
in the judgment on the liable to the judgment G.R. No. L-43461, 1937)
main case. obligee.
Who Files The liability of the surety on the counterbond
subsists until the Court shall have finally
Applicant files the Adverse party files the absolved the defendant from the plaintiff’s
bond. (Sec. 3, Rule 57). counterbond. (Sec. 12, claims. The liability of the surety on the bond
Rule 57). subsists because the final reckoning is when the
Court shall finally adjudge that the attaching
Procedure for Discharge of Writ of Attachment creditor was not entitled to the issuance of the
Upon Giving Counterbond attachment writ. (Mindanao Savings and Loan
1. The party whose property has been attached, Assoc. vs. CA, G.R. No. 84481, 1989)
or the person appearing on this behalf may file
a motion to discharge the attachment Discharge of An Attachment Improperly or
2. Such party may either: Irregularly Issued or Enforced or Attachment
a. Give cash deposit with the court from which Bond is Insufficient
the writ was issued; or How to obtain discharge: Motion and hearing is
b. Give a counter-bound executed to the necessary (Secs. 12 & 13, Rule 57)
attaching party. When filed: Before or after levy or after release of
3. Notice of deposit shall be served on the attached property. (Sec.13, Rule 57)
attaching party Burden of proof: The attaching creditor must show
4. After notice and hearing, the court shall order that the writ was properly issued. (Filinvest Credit
discharge of the attachment. (Sec. 12, Rule 57) Corp. v. Relova, G.R. No. L-50378, 1982).
Filing of a Counterbond Not a Waiver to Claim When Discharge Due to Improper Issuance is
Damages Under the Attachment Bond Not Available
The filing of a counter-bond does not relieve When the ground for the issuance of the writ forms
applicant’s attachment bond’s liability for the core of the complaint, the writ cannot be
damages. Liability attaches if the plaintiff is not discharged until after trial on the merits. This is
entitled to the attachment because the because the court cannot allow the litigation of the
requirements entitling him to the writ are wanting, main issue of the case prior to trial. (Liberty
or if the plaintiff has no right to the attachment Insurance Corp. v CA, G.R. No. 104405, 1993)
because the facts stated in his affidavit, or some
of them are untrue. (Calderon v IAC, G.R. No. Once the writ of attachment is lifted due to the
74696, 1987) posting of a counterbond, the adverse party may
no longer file a motion to lift the attachment on the
The attachment debtor cannot be deemed to have ground that it was improperly or irregularly issued,
waived any defect in the issuance of the since there is no longer anything to lift. (Mindanao
attachment writ by simply availing himself of one Savings & Loan Association v. Mercado, G.R. No.
way of discharging the attachment writ, instead of 84481, 1989)
the other. (Id.).
HOWEVER, this does not mean that the adverse
Counterbond Cannot be Cancelled on the party has waived all irregularity or impropriety in
Ground That Writ is Improperly Issued the issuance of the writ FOR PURPOSES OF
CLAIMING DAMAGES. (Calderon v IAC, G.R. No.
74696, 1987).
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The party seeking the discharge must also file a

Damages Recoverable by the Attachment motion in the court where the action is pending,
Defendant and due notice and hearing shall also be
Where there is wrongful attachment, the observed. (Id).
attachment defendant may recover actual
damages even without proof that the attachment 7. SATISFACTION OF JUDGMENT OUT OF
plaintiff acted in bad faith in obtaining the PROPERTY ATTACHED
attachment. However, if it is alleged and
established that the attachment was not merely Satisfaction of Judgment by Sheriff
wrongful but also malicious, the attachment If judgment be recovered by the attaching party
defendant may recover moral damages and and execution issue thereon, the sheriff may
exemplary damages as well. (Spouses Yu v. Ngo cause the judgment to be satisfied out of the
Yet Te, G.R. No. 155868, 2007). property attached, if it be sufficient for that purpose
in the following manner:
Either way, the wrongfulness of the attachment 1. By paying to the judgment obligee the
does not warrant the automatic award of damages proceeds of all sales of perishable or other
to the attachment defendant; the latter must first property sold in pursuance of the order of the
discharge the burden of proving the nature and court, necessary to satisfy the judgment;
extent of the loss or injury incurred by reason of 2. If any balance remains due, by selling so much
the wrongful attachment. (Id.). of the property, real or personal, as may be
necessary to satisfy the balance;
The Liability of The Attaching Party Not 3. By collecting from all persons having in their
Limited to The Amount of Attachment Bond possession credits belonging to the judgment
Should the bond or deposit given by the attaching obligor, or owing debts to the latter at the time
party be insufficient or fails to fully satisfy the of the attachment of such credits or debts, the
award, the party against whom attachment was amount of such credits and debts as
issued is not prevented from recovering in the determined by the court in the action, and
same action the damages awarded to him from stated in the judgment, and paying the
any property of the attaching party not exempt proceeds of such collection over to the
from execution. (Sec. 20, Rule 57). judgment obligee. (Sec. 15, Rule 57)
However, the judgment award should be first Sheriff’s Return

executed on the attachment bond. Only if the The sheriff, after paying the obligee, shall make a
attachment bond is insufficient to cover the return in writing to the court of his proceedings and
judgment award can the attaching party be held furnish the parties with copies thereof. (Id.).
liable. (Phil-Air Conditioning Center v. RCJ Lines,
G.R. No. 193821, 2015). Balance and Excess
If after realizing upon all the property attached,
However, the surety’s liability is limited to the including the proceeds of any debts or credits
amount of the bond. (Philippine Charter Insurance collected, and applying the proceeds to the
Corp. v. Court of Appeals, G.R. No. 88379, 1989). satisfaction of the judgment less the expenses of
proceedings upon the judgment any balance shall
Discharge Due to Excessive Attachment remain due, the sheriff must proceed to collect
The attachment may also be discharged if the such balance as upon ordinary execution.
same is excessive, but the discharge shall be (Sec. 16, Rule 57).
limited to the excess. (Sec. 13, Rule 57).
The sheriff, upon reasonable demand, must return
However, the whole attachment may be to the judgment obligor the attached property
discharged if the same is excessive and such remaining in his hands, and any proceeds of the
defect is not cured despite the court’s order. (Id.). sale of the property attached not applied to the
judgment. (Id.).
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the judgment under his counterbond. (Sec. 17,

Recovery Upon the Counterbond Rule 57).
In order that the judgment creditor may recover
from the Surety on the counterbond, it is Note: The first requisite is not applicable where
necessary: a solidary liability for the satisfaction of a
1. That judgment has become executory (Sec. 17, judgment is involved. The surety is not entitled to
Rule 57) or that execution be first issued the exhaustion of properties of the principal debtor.
against the principal debtor and that such (Towers Assurance v. Ororama Supermart, G.R.
execution was returned unsatisfied in whole No. L-45848, 1977).
or in part; (Towers Assurance v. Ororama
Supermart, G.R. No. L-45848, 1977) 8. COMPARED WITH GARNISHMENT AND
2. That the creditor made a demand upon the LEVY ON EXECUTION
surety for the satisfaction of the judgment; and
3. The surety be given notice and a summary
hearing in the same action as to his liability for
Table of Comparison: Preliminary Attachment, Levy, and Garnishment

PRELIMINARY
LEVY ON EXECUTION GARNISHMENT
ATTACHMENT
BASIS Rule 57 Rule 39, Section 9 (b) Rule 57, Section 7 (c)
and (d); Rule 39,
Section 9 (c)
NATURE Provisional and ancillary Means of execution of A species of
remedy. money judgment. attachment.
DEFINITION Applied for and may be Available after the A specie of attachment
issued at the judgment has become in which the attaching
commencement of the executory by which the party seeks to subject to
action or at any time property of the his claim either the
before entry of judgment, judgment debtor is property of the adverse
to have the property of taken into custody of the party, in the hands of a
the adverse party taken court before the sale of third person called the
into the custody of the the property on garnishee, or the money
court as security for the execution for the which said third person
satisfaction of any satisfaction of a final owes the adverse party.
judgment that may be judgment.
recovered. A forced novation by the
substitution of creditors.
The judgment
debtor/defendant, who
is the original creditor of
the garnishee is,
through service of a writ
of garnishment,
substituted by the
judgment
creditor/plaintiff who
thereby becomes the
creditor of the
garnishee.
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PURPOSE 1. To seize the property A means of executing a To reach credits

of the debtor in money judgment where belonging to the
advance of final if the judgment obligor judgment debtor until
judgment and to hold cannot pay all or part of the plaintiff can obtain a
it for purposes of the obligation in cash, judgment and have
satisfying said certified bank check, or such property applied to
judgment; and other mode of payment its satisfaction.
2. To acquire acceptable to the
jurisdiction over the judgment obligee, the
action by actual or officer shall levy upon
constructive seizure the properties of the
of the property in judgment obligor of
those instances every kind and nature
where personal or whatsoever which may
submitted service on be disposed of for value
the defendant cannot and not otherwise
be effected. exempt from execution
giving the latter the
option to immediately
choose which property
or part thereof may be
levied upon, sufficient to
satisfy the judgment.
SUBJECT MATTER Real or personal Any available property Money, stocks or
property of the adverse of the adverse party. shares, an interest in
party. stocks or shares of any
corporation or
company, debts and
credits, bank deposits,
financial interest,
royalties, commissions
and other personal
property not capable of
manual delivery in
possession or control of
third parties.
PROPERTIES 1. The judgment obligor's family home as provided by law, or the homestead
EXEMPTED in which he resides, and land necessarily used in connection therewith;
2. Ordinary tools and implements personally used by him in his trade,
employment, or livelihood;
3. Three horses, or three cows, or three carabaos, or other beasts of burden,
such as the judgment obligor may select necessarily used by him in his
ordinary occupation;
4. His necessary clothing and articles for ordinary personal use, excluding
jewelry;
5. Household furniture and utensils necessary for housekeeping, and used
for that purpose by the judgment obligor and his family, such as the
judgment obligor may select, of a value not exceeding one hundred
thousand pesos;
6. Provisions for individual or family use sufficient for four months;
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7. The professional libraries and equipment of judges, lawyers, physicians,

pharmacists, dentists, engineers, surveyors, clergymen, teachers, and
other professionals, not exceeding three thousand pesos in value;
8. One fishing boat and accessories not exceeding the total value of one
hundred thousand pesos owned by a fisherman and by the lawful use of
which he earns his livelihood;
9. So much of the salaries, wages, or earnings of the judgment obligor for his
personal services within the four months preceding the levy as are
necessary for the support of his family;
10. Lettered gravestones;
11. Monies, benefits, privileges, or annuities accruing or in any manner
growing out of any life insurance;
12. The right to receive legal support, or money or property obtained as such
support, or any pension or gratuity from the Government;
13. Properties specially exempted by law. (Sec. 13, Rule 39)
REQUISITES/ 1. The case must be 1. The sheriff shall 1. The sheriff will
PROCEDURE any of those where demand payment of serve the writ and a
preliminary money judgment notice upon the
attachment is either in cash, person owing such
proper; certified bank debts (garnishee)
2. The applicant must check, or any other or having in his
file a motion; mode of payment possession or
3. The applicant must that is acceptable to control such credits;
show by affidavit that the judgment 2. The garnishee shall
there is no sufficient obligee; make a written
security for the claim 2. If the judgment report to the court
sought to be obligor cannot pay within 5 days from
enforced; that the by these methods, service of the
amount claimed in he can exercise his notice, stating
the action is as much option to choose whether or not the
as the sum of which which among judgment obligor
the order is granted personal properties has sufficient funds
above all can be levied upon; or credits; and
counterclaims; 3. If he does not 3. The garnished
4. The applicant must exercise this option, amount shall be
post a bond he waives such delivered directly to
executed to the right and the sheriff the judgment oblige
adverse party can now first levy within 10 days from
(attachment bond). his personal service of notice.
properties, if any,
and then the real
properties if the
personal properties
are insufficient to
satisfy the
judgment;
4. The sheriff is
mandated to file
with the Register of
Deeds a copy of the
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order, description of
the attached
property, and notice
of attachment; and
5. Leave with the
occupant of the
property copy of the
same order,
description, and
notice
WHICH COURT MAY 1. Court where action is 1. Court of origin, when 1. If used as mode of
GRANT pending; case is finally preliminary
2. The CA, on appeal, resolved therein or in attachment, either
even if action is case of discretionary the court where
pending in the lower execution, while it action is pending,
court; or has jurisdiction over the CA or the SC on
3. The SC, on appeal, the case and is in appeal even if action
even if action is possession of the is pending in the
pending in the lower original record or lower court; or
court. record on appeal; 2. If used as mode of
2. Appellate court, executing a
when appeal is duly judgment, either the
perfected and finally court of origin or the
resolved, or in case appellate court, as
of discretionary the case may be.
execution, after the
trial court has lost
jurisdiction and
possession of the
original record or
record on appeal.
BOND Bond executed to the No bond required. 1. If used as mode of
REQUIREMENT adverse party in the preliminary
amount fixed by the court attachment, then
to cover the costs which applicant bond is
may be adjudged to the required;
adverse party and all 2. If used as mode of
damages which he may executing a
sustain by reason of the judgment, no bond is
granting of provisional required.
remedy prayed for, if the
court shall finally
adjudge that the
applicant was not
entitled thereto.
GRANT The grant is addressed The grant is a matter of 1. If used as mode of
to judicial discretion. right, unless preliminary
discretionary execution attachment, then
is sought, which is grant is addressed to
judicial discretion;
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subject to judicial 2. If used as mode of

discretion. executing a
judgment, grant is a
matter of right,
unless discretionary
execution is sought,
which is subject to
judicial discretion.
x
Nov. 17, 2010) It usually refers to the status of the
D. PRELIMINARY INJUNCTION parties immediately before the filing of the
complaint.
1. DEFINITIONS AND DIFFERENCES:
PRELIMINARY INJUNCTION AND Injunction is resorted to only when there is a
TEMPORARY RESTRAINING ORDER (TRO), pressing necessity to avoid injurious
AND STATUS QUO ANTE ORDER consequences which cannot be remedied under
any standard compensation. The sole objective of
Preliminary Injunction a writ of preliminary injunction is to preserve the
It is an order granted at any stage of an action or status quo until the merits of the case can be heard
proceeding before the judgment or final order, fully. (Unilever v CA, G.R. No. 119280, 2006)
requiring a party or a court, agency or person to:
1. Refrain from a particular act or acts (prohibitory Persons Bound by Writ; Relations Created
injunction); or A preliminary injunction is merely a provisional
2. Perform a particular act or acts (mandatory remedy, an adjunct to a main suit; hence, a person
injunction). (Sec. 1, Rule 58; Dungog v. CA, G.R. who is not a party in the main suit cannot be bound
Nos. 77850-51, 1988) by the writ. (Mabayo Farms v. CA, G.R. No.
140058, 2002)
A preliminary injunction is a preventive remedy
whose only mission is to prevent threatened A preliminary injunction should not establish new
wrong, further injury, and irreparable harm or relations between the parties but merely maintain
injustice until the rights of the parties can be or re-establish the pre-existing relationship
settled. (Nerwin Industries Corp v. PNOC-Energy between them. (Bustamante v. CA, G.R. No.
Dev’t Corp., G.R. No. 167057, 2012) 126371, 2002)
A preliminary mandatory injunction is more Temporary Restraining Order (TRO)

cautiously regarded than a mere prohibitive It is a temporary or provisional order to maintain
injunction since, more than its function of the subject of controversy in status quo until the
preserving the status quo between the parties, it hearing of an application for a preliminary
also commands the performance of an act. Thus, injunction. (Incorporators of the Mindanao Institute
the issuance of a writ of preliminary mandatory v. United Church, G.R. No. 171765, 2012)
injunction is justified only in a clear case, free from
doubt or dispute. (Ngo v Allied Banking Corp, G.R. The court to which the application for preliminary
No. 177420, 2010) injunction was made may issue a TRO, effective
for 20 days from notice to the party or person
Preservation of Status Quo – Purpose of sought to be enjoined, if it shall appear from facts
Injunctive Writ shown by affidavits or by the verified application
The status quo is the last, actual, peaceful, and that great or irreparable injury would result to the
uncontested situation (which precedes a applicant before the matter can be heard on
controversy, and its preservation is the office of an notice. (Sec. 5, Rule 58).
injunctive writ. (Pineda v. CA, G.R. No. 181643,
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term connotes, is merely intended to maintain the

A TRO has a definite life span of 20 days. It is last, actual, peaceable and uncontested state of
automatically dissolved upon the lapse of 20 days. things which preceded the controversy. This was
(REGALADO, 2008 ed.) resorted to when the projected proceedings in the
case made the conservation of the status quo
A Writ of Preliminary Injunction has an indefinite desirable or essential, but the affected party
life – it is valid until final judgment or while the neither sought such relief nor did the allegations in
action is pending. (Spouses Carpo v. Chua, G.R. his pleading sufficiently make out a case for a
Nos. 150773 & 153599, 2005) temporary restraining order.
TRO v. Injunction The status quo order was thus issued motu proprio
TRO INJUNCTION or on equitable considerations. Unlike a temporary
May be granted ex Cannot be granted restraining order or a preliminary injunction, a
parte if great and without notice and status quo order is more in the nature of a cease
irreparable injury hearing. and desist order, since it does not direct the doing
would result or undoing of acts as in the case of a prohibitory or
otherwise. mandatory injunctive relief. The further distinction
72 hours or maximum In force while the is provided by the present amendment in the
20 days (RTC), 60 action is pending. sense that, unlike the amended rule on restraining
days (CA) or until orders, a status quo order does not require the
further orders (SC). posting of a bond. (Regalado, Remedial Law
Compendium Vol. I, 734-35)
Status Quo Ante Order
Status quo ante is a Latin term for "the way things COMELEC may issue a status quo ante order.
were before." When an order of this nature is (Dimayuga v. COMELEC, G.R. No. 174763, 2007)
imposed, it is to maintain the state of things
existing before the controversy. (ABS-CBN Corp. Action for Injunction v. Writ of Preliminary
v. National Telecommunications Commission, Injunction
G.R. No. 252119, 2020) The main action for injunction is distinct from the
provisional or ancillary remedy of preliminary
It is an interlocutory order. (Dimayuga v. injunction which cannot exist except only as part
COMELEC, G.R. No. 174763, April 24, 2007) or an incident of an independent action or
proceeding. In an action for injunction, the auxiliary
The Rules of Court do not sanction the issuance remedy of preliminary of injunction, whether
of a status quo ante order (SQAO). But in cases prohibitory or mandatory, may issue. (Urbanes v.
where the SQAO is issued by a court or agency CA, G.R. No. 117964, 2001)
other than the Supreme Court, the SQAO is
deemed to have the “nature of a temporary The main action for injunction seeks a judgment
restraining order,” and thus must comply with the embodying a final injunction, which is distinct from,
requisites for a TRO in applicable cases. Thus, it and should not be confused with, the provisional
cannot exceed the 20-day term and cannot be remedy of preliminary injunction, the sole object of
“indefinite.” Procedural requirements of hearing which is to preserve the status quo until the merits
and notice must also be complied with. (See Repol are heard. (Id.).
v. Comelec, G.R. 161418, Apr. 28, 2004; Llamzon
v. PEZA Board of Inquiry, G.R. 167445, Jun. 26, Who May Grant Preliminary Injunction
2007) A preliminary injunction may be granted by the
court where the action or proceeding is pending. If
The Supreme Court, in jurisprudence, may issue the action or proceeding is pending in the Court of
SQAOs without restriction. The Supreme Court Appeals or in the Supreme Court, it may be issued
has issued a status quo order which, as the very by said court or any member thereof. (Sec. 2, Rule
58).
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branch of the court, and in the absence of gross

Municipal Trial Courts (MTC/MeTC/MCTC) abuse of discretion, the injunction granted will not
be interfered with by certiorari. (Sabado v. Cristina
i. A possessor deprived of his possession Gonzalez, Inc., G.R. No. 28890, 1928)
through forcible entry may within ten days from
the filing of the complaint present a motion to The denial of a petition for a preliminary injunction
secure from the competent court, in the action is not a final determination of the matter and is no
for forcible entry, a writ of preliminary obstacle to the subsequent granting of a renewed
mandatory injunction to restore him in his petition for the issuance of such injunction upon
possession. The court shall decide the motion further information and consideration. (Id.).
within thirty (30) days from the filing thereof.
(Art. 539, Civil Code); Regional Trial Courts (RTC)
ii. In ejectment cases where an appeal is taken,
the remedy granted in Article 539, second For Regional Trial Courts, the issuance of a writ of
paragraph, shall also apply, if the higher court injunction is only enforceable within their
is satisfied that the lessee’s appeal is frivolous respective regions. (Sec. 21, B.P. 129).
or dilatory, or that the lessor’s appeal is prima
facie meritorious. The period of ten days The RTC has no authority to restrain or enjoin acts
referred to in said article shall be counted from being perpetrated or to be perpetrated outside the
the time the appeal is perfected. (Art. 1674, territorial boundaries of its region. (Acosta vs.
Civil Code); Alvendia, G.R. No. L-14598, 1960)
iii. A possessor deprived of his possession
through forcible entry or unlawful detainer from Where the main action is the annulment of the
the filing of the complaint, present a motion in action of the respondent and injunction is merely
the action for forcible entry or unlawful detainer corollary, the trial court of locality where
for the issuance of a writ of preliminary questioned act is to be implemented has
mandatory injunction to restore him in his jurisdiction. (Feria 2013, citing Decano vs. Edu, 99
possession. The court shall decide the motion G.R. No. L-30070, 1980)
within thirty (30) days from the filing thereof.
(Sec. 15, Rule 70); 2. REQUISITES
iv. Provided the main action is within its
jurisdiction, an inferior court can appoint a Requisites for the Issuance of the Writ of
Preliminary Injunction
receiver and it has jurisdiction to issue a writ of
preliminary injunction in either forcible entry or A writ of preliminary injunction is issued upon the
unlawful detainer cases. (Day vs. RTC of applicant’s showing of two important requisite
Zamboanga City, G.R. No. 79119, 1990, citing conditions:
Regalado, Remedial Law Compendium, 1. The right to be protected exists prima facie; and
Second Revised Edition, p. 33) 2. The acts sought to be enjoined are violative of
that right. (Bicol Medical Center v. Botor, G.R.
Judicial Interference in Preliminary Injunction No. 214073, 2017)
General Rule: Under the doctrine of judicial
stability or non-interference, no court has the What Must be Proven for a Writ of Preliminary
power to interfere by injunction with the judgments Injunction to Issue
or decrees of a court of concurrent or coordinate The following requisites must be proved before a
jurisdiction. (Dy Chiao v. Bolivar, G.R. No. 192491, writ of preliminary injunction, be it mandatory or
2016). prohibitory, will issue:
Exception: A judge in charge of a branch of a trial 1. The applicant must have a clear and
court has jurisdiction to issue a preliminary unmistakable right to be protected, that is a
injunction in a case pending in that branch right in esse;
notwithstanding the fact that a similar injunction 2. There is a material and substantial invasion of
had been denied by another judge in another such right;
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3. There is an urgent need for the writ to prevent Moreover, in extrajudicial foreclosures,
irreparable injury to the applicant; and mortgagors have the right to receive any surplus
4. No other ordinary, speedy, and adequate in the selling price. Thus, if the mortgagee is
remedy exists to prevent the infliction of retaining more of the proceeds of the sale than he
irreparable injury. (Municipality of Famy, is entitled to, this fact alone will not affect the
Laguna v. Municipality of Siniloan, Laguna, validity of the sale but will give the mortgagor a
G.R. No. 203806, 2020) cause of action to recover such surplus. (Solid
Builders v. China Banking Corporation, G.R. No.
The Rules require that the applicant's right must 179665, 2013).
be a right in esse, that which is, clear or
unmistakable, actual, and positive especially A preliminary injunction is intended to prevent
calling for judicial protection. (Id.). irreparable injury to the plaintiff, that possibility
should be clearly established, if only provisionally,
Clear and Unmistakable Right to justify the restraint of the act complained
One clearly founded in or granted by law or is against. The evidence submitted at the hearing on
enforceable as a matter of law. (Australian the motion need not be conclusive and complete.
Professional Realty v. Municipality of Padre
Garcia, G.R. No. 183367, 2012) However, the damage must not be susceptible of
mathematical computation. Damages are
While a clear showing of the plaintiff’s right is irreparable within the meaning of the rule relative
necessary, its existence need not be conclusively to the issuance of injunction where there is no
established. The evidence need not be complete standard by which their amount can be measured
but merely a ‘sampling’ intended merely toggle the with reasonable accuracy. It does not have
court an idea of the justification for the preliminary reference to the amount of damages that may be
injunction, pending the decision of the case on the caused but rather to the difficulty of measuring the
merits. Thus, the plaintiff is only required to show damages inflicted. If full compensation can be
that it has the ostensible right to the final relief obtained by way of damages, equity will not apply
prayed for in the complaint.” (Los Banos Rural the remedy of injunction. (Social Security
Bank v. Africa, G.R. No. 143994, 2002) Commission v. Bayona, G.R. No. L-13555, 1962)
Irreparable Injury Injury is considered irreparable if it is of such

Injury is considered irreparable if it is of such constant and frequent recurrence that no fair or
constant and frequent recurrence that no fair or reasonable redress can be had therefore in court
reasonable redress can be had therefore in court or law or where there is no standard by which their
or law or where there is no standard by which their amount can be measured with reasonable
amount can be measured with reasonable accuracy. (Ollendorff v. Abrahamson, G.R. No.
accuracy. (Social Security Commission v. Bayona, 13228, 1918).
G.R. No. L-13555, 1962)
Mere prima facie evidence is needed to establish
Respondents assert that foreclosure of their the applicant’s rights or interests in the subject
property may cause irreparable damage, thus matter of the main action. (Republic v.
justifying the issuance of the writ of preliminary Evangelista, G.R. No. 156015, 2005; Lukang vs
injunction. The SC held that foreclosure of Pagbilao Development Corp G.R. No. 195374,
mortgaged property is not an irreparable damage 2014)
that will merit for the debtor-mortgagor the
extraordinary provisional remedy of preliminary Procedure For Issuance of Writ of Preliminary
injunction as “all is not lost for defaulting Injunction and TRO
mortgagors whose properties were foreclosed by
creditors-mortgagees.” The respondents will not 1. A verified application showing facts entitling the
be deprived outrightly of their property, given the applicant to the relief demanded shall be filed with
right of redemption granted to them under the law.
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the court where the action is pending. (Sec. 4(a), hours after the sheriff's return of service and/or the
Rule 58) records are received by the branch selected by
raffle and to which the records shall be transmitted
Application must be verified; absence of immediately. (Sec. 4(d), Rule 58)
verification makes the application or petition
patently insufficient both in form and in substance. Within the said 20-day period, the court must order
(Rivera v. Mirasol., A.M. No. RTJ-04-1885, 2004) said party or person to show cause, at a specified
time and place, why the injunction should not be
The Sandiganbayan cannot validly issue a TRO on granted, determine within the same period
the basis of a communication (letter) which is not whether or not the preliminary injunction shall be
verified. (Republic v. Sandiganbayan, G.R. No. granted, and accordingly issue the corresponding
89553, 1993) order. (Sec. 5, Rule 58)
2. If the application is included in a complaint or Nonetheless, the executive judge of a multiple-

initiatory pleading filed before a single-sala court, sala court or the presiding judge of a single-sala
notice of the application must be served to the court may issue an ex parte TRO effective for 72
adverse party. If the application is included in a hours from issuance if:
complaint or initiatory pleading filed before a. The matter is of extreme urgency; and
multiple-sala court, the application shall be raffled b. The applicant will suffer grave injustice or
only after notice and in the presence of the irreparable injury.
adverse party. (Sec. 4 (c), Rule 58)
Thereafter, the application for TRO shall be acted
No preliminary injunction shall be granted without upon also after a summary hearing to determine
hearing and prior notice to the party or person whether the TRO shall be extended, which must
sought to be enjoined. (Sec. 5, Rule 58) not exceed 20 days, including the 72 hours initially
provided. (Secs. 4 (d) and 5, Rule 58).
Notice shall be preceded or contemporaneously
accompanied by service of summons, together After prior notice, a hearing shall be conducted on
with a copy of the complaint or initiatory pleading whether the applicant is entitled to the writ of
and the applicant’s affidavits upon the adverse preliminary injunction. Unless otherwise
party in the Philippines. But the contemporaneous exempted, the applicant shall file a bond executed
service of summons shall not apply when: to the party enjoined in an amount to be fixed by
a. The summons could not be served personally the court, to the effect that the applicant will pay to
or by substituted service despite diligent such party or person all damages which he may
efforts; sustain by reason of the injunction or temporary
b. Adverse party is a resident of the Philippines restraining order if the court should finally decide
temporarily absent therefrom; or that the applicant was not entitled thereto. Upon
c. Adverse party is a non-resident. (Sec. 4(c), approval of the requisite bond, a writ of preliminary
Rule 58) injunction shall be issued. (Sec. 4(b), Rule 58).
However, the court may issue a temporary In the event that the application for preliminary
restraining order (TRO) to be effective only for a injunction is denied or not resolved within the said
period of 20 days from service on the party or period, the temporary restraining order is deemed
person sought to be enjoined if great or automatically vacated. The effectivity of a
irreparable injury would result to the applicant as temporary restraining order is not extendible
shown by affidavits or by the verified petition without need of any judicial declaration to that
before the matter can be heard on notice. (Sec. 5, effect and no court shall have authority to extend
Rule 58.). or renew the same on the same ground for which
it was issued. (Sec. 5, Rule 58).
A summary hearing must be conducted in an
application for a TRO which must be held within 24
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Comparison of Procedure for Issuance of Preliminary Injunction, TRO, SQAO

PRELIMINARY INJUNCTION TEMPORARY RESTRAINING STATUS QUO ANTE ORDER
ORDER
Purpose
To prevent future injury and To preserve the status quo ante To maintain the status quo ante or
maintain the status quo for the until the hearing of the application the condition prevailing before the
duration of the proceedings. for preliminary injunction. controversy until further orders by
the Supreme Court.
Requirements
1. There must be a verified Same with preliminary injunction. 1. If issued by the Supreme
application; Court –the conservation of the
2. The application must show TRO shall be acted upon only status quo is desirable or
facts entitling the applicant to after the sheriff’s return of service essential (Regalado,
the relief demanded; and/or the records are received Remedial Law Compendium
3. A bond must be filed, unless by the branch selected by raffle. vol. I, 734-35)
exempted in the court where 2. If issued by a lower court –
the action is pending; and must comply with requisites
4. Prior notice and hearing for for a TRO under the Rules.
the party/persons sought to be
enjoined.
When to File
At any stage of an action or 1. When great or irreparable At any stage of an action or

proceeding prior to the judgment injury would result to the proceeding prior to the judgment
or final order. applicant before the matter or final order.
can be heard on notice;
2. When the matter is of extreme
urgency and the applicant will
suffer grave injustice and
irreparable injury, the judge
may issue ex parte a TRO
effective for 72 hours from
issuance.
Where to File
RTC having territorial jurisdiction over the act sought to be enjoined The Rules of Court do not state
or the principal office of the corporation whose acts are sought to be where to file an application for
enjoined; Court of Appeals; Supreme Court. status quo ante order. However,
from the definition of status quo
as the last peaceable
uncontested status in the case,
when a court issues a TRO to
maintain the status quo, it refers
to the status quo ante.
Period of Effectivity
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Until the final disposition of the a. RTC – 20 days, non- Until the final disposition of the
principal action extendible (including the principal action or as may be
original 72 hours); directed by the Supreme Court.
b. CA – may be effective for 60
days from service on the party
or person sought to be
enjoined;
c. SC – may be effective until
further orders.
Ex Parte
Cannot be granted ex parte a. 20 day TRO – cannot be a. If issued by the Supreme

granted ex parte Court – may be issued motu
b. 3 day TRO – can be granted propio;
ex parte b. If issued by a lower court –
partakes the nature of a TRO.
X
PRELIMINARY PRELIMINARY
3. KINDS OF INJUNCTIONS; KINDS OF PROHIBITORY MANDATORY
TEMPORARY RESTRAINING ORDERS INJUNCTION INJUNCTION
To prevent a person To require a person to
from the performance perform a particular
Preliminary Prohibitory Injunction
of a particular act. act.
The purpose of a preliminary prohibitory injunction
The act had not yet The act has already
is to preserve the status quo of the things subject
been performed. been performed and
of the action or the relation between the parties, in
has violated the rights
order to protect the rights of the plaintiff respecting
of another.
the subject of the action during the pendency of
Status Quo is Status Quo is
the suit. If no such preliminary prohibitory
preserved. restored.
injunction were issued, the defendant may, before
final judgment, do or continue the doing of the act
Final injunction
which the plaintiff asks the court to restrain, and
Granted if, after the trial of the action, it appears
thus make ineffectual the final judgment rendered
that the applicant is entitled to have the act or acts
afterwards granting the relief sought by the
complained of permanently enjoined.
plaintiff. (Calo v. Roldan, G.R. No. L-252, 1946)
It may perpetually restrain the party or person
Preliminary Mandatory Injunction
enjoined from the commission or continuance of
The purpose of a preliminary mandatory
the act or acts or confirming the preliminary
injunction, unlike a preliminary prohibitory
mandatory injunction. (Sec. 9, Rule 58)
injunction, is to require the performance of a
particular act or acts; thus, it tends to do more than
maintain the status quo. Hence the plaintiff’s right
must be clear and unmistakable. (Prosperity Credit
Resources v. CA, G.R. No. 114170, 1999)
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4. WHEN WRIT MAY BE ISSUED, WHEN b. When necessary for the orderly administration
WRIT MAY NOT BE ISSUED of justice or to avoid oppression or multiplicity
of action;
Preliminary injunction is granted at any stage of c. Where there is a prejudicial question which is
the proceedings prior to the judgment or final sub judice;
order. (Sec. 1, Rule 58) d. When the acts of the officers are without or in
excess of authority;
Examples of When Preliminary Injunction May e. When double jeopardy is clearly apparent;
be Issued f. When the prosecution is under an invalid law,
i. In petitions for relief from judgment entered ordinance, or regulation;
through fraud, accident, mistake, or excusable g. Where the court has no jurisdiction over the
negligence (Sec. 5, Rule 38); offense;
ii. In actions for certiorari, prohibition, and h. Where it is a case of persecution rather than
mandamus (Sec. 7, Rule 65); prosecution;
iii. In actions for annulment of judgments obtained i. Where charges are manifestly false and
through fraud (Anuran vs. Aquino and Ortiz, motivated by lust or vengeance;
G.R. No. L-12397, 1918); j. When there is clearly no prima facie case
iv. In actions for annulment of judgments which against the accused and a motion to quash on
are not patent nullities, i.e. want of jurisdiction, that ground has been denied; and
lack of due process of law (Banco Español- k. Preliminary Injunction has been issued by the
Filipino vs. Palanca, G.R. No. L-11390, 1918); SC to prevent threatened unlawful arrest of
v. To restrain husband from alienating or petitioners. (Brocka v. Enrile, G.R. Nos. 69863-
encumbering conjugal property during 65, 1990)
pendency of divorce proceedings. (De La Viña
vs. Villareal and Geopano, G.R. No. L-13982, Examples of When Preliminary Injunction Does
1920) Not Lie
vi. To restrain continued breach of valid negative i. To take property out of the possession of one
obligation; party and place it in another whose title is not
vii. To enjoin repeated trespass of land. (Rodulfa clearly established by law (Devesa vs. Arbes,
vs. Alfonso, G.R. No. L-144, 1946); G.R. No. 4891, 1909);
viii. To restrain the city from proceeding with ii. When action for damages would adequately
abatement of nuisance per accidens before it compensate the injuries caused (Golding vs.
has been judicially declared as such (Iloilo Ice Balatbat, G.R. No. 11130, 1917);
and Cold Storage Co. vs. Municipal Council of iii. To prevent directors from discharging their
Iloilo, G.R. No. 7012, 1913); office and restoring former directors (Silen vs.
ix. To restrain voting of disputed shares of stocks Vera, G.R. No. 45574, 1937);
(Madrigal vs. Rodas, G.R. No. L-1636, 1948); iv. To restrain criminal prosecution where the
x. To restrain the sheriff from selling property on Ombudsman had authorized the special
execution not belonging to judgment debtor prosecutor to conduct a preliminary injunction
(Codesal & Ocampo vs. Ascue, G.R. No. or to file an injunction (Santiago vs. Vasquez,
11403, 1918); G.R. Nos. 99289-90, 1992);
xi. To restrain criminal prosecutions (Brocka v. v. To enjoin the collection of national internal
Enrile, G.R. Nos. 69863-65, 1990); revenue taxes (NIRC, Sec. 218) but not local
xii. In cases of forcible entry and unlawful detainer. taxes (Angeles City v. Angeles City Electric
(Sec. 15, Rule 70). Corporation, G.R. No. 166134, 2010)
vi. To block the discharge of functions and
Generally, a criminal prosecution may not be implementation of decisions of the Privatization
restrained or stayed by injunction, preliminary or and Management Office under the Dept. of
final, except: Finance, in connection with the acquisition,
a. To afford adequate protection to the sale, or disposition of assets transferred to it.
constitutional rights of the accused;
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(Proclamation No. 50 & 50-A of 1986, Sec. 31; c. That a party, court, agency or a person is doing,
EO No. 323, Art. III, 2000) threatening, or is attempting to do, or is
vii. To restrain the implementation of national procuring or suffering to be done, some act or
infrastructure projects (R.A. No. 8975, Sec. 3) acts probably in violation of the rights of the
viii. To restrain any freeze order issued by the applicant respecting the subject of the action or
Anti-Money Laundering Council except the proceeding, and tending to render the
Court of Appeals or the Supreme Court. (R.A. judgment ineffectual. (Sec. 3, Rule 58)
No. 9160, Sec. 10)
ix. Against the Presidential Agrarian Reform Note: The rule on preliminary injunction merely
Council (PARC) or any of its duly authorized or requires that unless restrained, the act complained
designated agencies in any case, dispute or of will probably violate his rights and tend to render
controversy arising from, necessary to, or in the judgment ineffectual.
connection with the application,
implementation, enforcement, or interpretation Entitlement to Relief Demanded
of the Comprehensive Agrarian Reform Law When there is a clear finding that the applicant is
and other pertinent laws on Agrarian reform indeed the owner of the land in dispute, the
(R.A. No. 6657, Sec. 55) nor against the Dept applicant is entitled to the benefit of injunctive relief
of Agrarian Reform, the Dept of Agriculture, the to remove intruders. (Sps. Dela Rosa v Heirs of
Dept of Environment and Natural Resources, Juan Valdez, G.R. No. 159101, 2011)
and the Dept. of Justice in their implementation
of the comprehensive agrarian reform program. The writ will not issue if documents show that the
(R.A. No. 6657, Sec. 68) right of the applicant is disputed, i.e. existence of
x. Against the extrajudicial foreclosure of real lien on properties sought to be released from the
estate mortgage on the allegation that: mortgage. (Ngo v Allied Banking Corp, G.R. No.
i. The loan secured by the mortgage has been 177420, 2010)
paid or is not delinquent unless the
application is verified and supported by A writ of preliminary injunction cannot be issued
evidence of payment without a prior notice and hearing. It cannot be
ii. The interest on the loan is unconscionable, issued ex parte. (Sec. 5, Rule 58) Only a 72-hour
unless the debtor pays the mortgagee at TRO can.
least 12% per annum interest on the
principal obligation as stated in the Where the defendant is heard on the application
application for foreclosure sale, which shall for injunction, the trial court must consider, too, the
be updated monthly while the case is weight of his opposition. (G.G. Sportswear v. BDO,
pending. (A.M. No. 99-10-05-O, 2007) G.R. No. 184434, 2010)
5. GROUNDS FOR ISSUANCE OF Injunction Against Acts Already

PRELIMINARY INJUNCTION Consummated
General Rule: Injunction contemplates acts being
A preliminary injunction may be granted when it is committed or about to be committed; thus, it does
established: not lie against acts already consummated.
a. That the applicant is entitled to the relief (Regalado, 2008 ed.; Municipal Council of Sta.
demanded, and the whole or part of such relief Rosa v. La Laguna, G.R. No. 1697, 1904)
consists in restraining the commission or
continuance of the act or acts complained of, or Exception: In cases of issuance of mandatory
in requiring the performance of an act or acts, injunction, i.e., if the acts complained of are
either for a limited period or perpetually; continuing in nature and were in derogation of
b. That the commission, continuance, or non- plaintiff’s rights at the outset. (Manila Electric Co.
performance of the act or acts complained of v. Del Rosario, G.R. No. 7688, 1912)
during the litigation would probably work
injustice to the applicant; or
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Neither does it protects contingent or future rights Service of Copies of Bonds

nor lies to enforce an abstract right. (Cerenio v. The party filing a bond shall serve a copy of such
Dictado G.R. No. 81550, 1988) bond on the other party, who may except to the
sufficiency of the bond, or of the surety or sureties
6. GROUNDS FOR OBJECTION TO, OR FOR thereon. (Sec. 7, Rule 58)
THE DISSOLUTION OF INJUNCTION OR
RESTRAINING ORDER The injunction shall be dissolved:
1. If the applicant's bond is found to be insufficient
The application for injunction or restraining order in amount, or if the surety or sureties thereon
may be denied or dissolved, if granted, upon a fail to justify the insufficiency; AND
showing of: 2. A bond sufficient in amount with sufficient
a. Its insufficiency; sureties approved after justification is not filed
b. Other grounds upon affidavits of the party or forthwith. (Sec. 7, Rule 58).
person enjoined, which may be opposed by the
applicant also by affidavits; If the bond of the adverse party is found to be
c. If it appears after hearing that: insufficient in amount, or the surety or sureties
 Although the applicant is entitled to the thereon fail to justify a bond sufficient in amount
injunction or restraining order, the issuance with sufficient sureties approved after justification
or continuance thereof, as the case may be, is not filed forthwith, the injunction shall be granted
would cause irreparable damage to the or restored, as the case may be. (Sec. 7, Rule 58)
party or person enjoined while the applicant
can be fully compensated for such damages 7. DURATION OF TEMPORARY
as he may suffer; provided that: RESTRAINING ORDERS
 The former files a bond in an amount
fixed by the court conditioned that he will General Rule: A TRO is effective only for a period
pay all damages which the applicant of 20 days from service on the party or person
may suffer by the denial or dissolution of sought to be enjoined.
the restraining order. (Sec. 6, Rule 58).
Exception: If the matter is of extreme urgency and
The injunction may also be modified if it appears the applicant will suffer grave injustice and
that the extent of the preliminary injunction or irreparably injury, it can be issued with an
restraining order granted is too great. (Id.) effectivity of 72-hours from issuance and
extendible up to 20 days after a summary hearing.
Filing of Counterbond to Dissolve Injunction is (Sec. 5, Rule 58)
Not a Matter of Right
Unlike the counter-bond to discharge attachment, Comparison: Effectivity Depending on the
which the court shall order after due notice and Court Which Issues TRO (Sec. 5, Rule 58)
hearing if the party whose property has been ISSUED BY EFFECTIVITY
attached files a bond sufficient to secure the RTC 20 days, non-extendible
payment of any judgment that the attaching party (including the original 72 hours).
may recover in the action, the counterbond to CA May be effective for 60 days
dissolve injunction may be approved by the court from service on the party or
after hearing if: person sought to be enjoined.
1. The court in the exercise of its discretion, finds SC May be effective until further
that the continuance of the injunction would orders.
cause great damage to the defendant, while
the plaintiff can be fully compensated for such 20-day TRO
damages as he may suffer; AND It shall be granted if it shall appear from facts
2. The defendant files a counter-bond. (Yap vs. shown by affidavits or by the verified application
Int’l. Exchange Bank, G.R. No. 175145, 2008) that great or irreparable injury would result to the
applicant before the matter can be heard on notice
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and hearing on the application for preliminary

injunction. On the other hand, when there is extreme urgency
and the applicant will suffer grave injustice and
It shall be granted by the court to which the irreparable injury, the court shall issue a temporary
application for preliminary injunction was made restraining order effective for only 72 hours upon
and is effective for the said period, to be counted issuance. Within those 72 hours, the court shall
from notice to the person or party sought to be conduct a summary hearing to determine if the
enjoined. temporary restraining order shall be extended until
the application for writ of preliminary injunction can
Within the 20-day period, the court must: be heard. However, in no case shall the extension
1. Order said party or person to show cause, at a exceed 20 days. (Id.).
specified time and place, why the injunction
should not be granted; Effect If Application for Preliminary Injunction
2. Determine within the same period whether the is Not Resolved Within the 20-Day Period
preliminary injunction should be granted; and In the event that the application for preliminary
3. Accordingly issue the corresponding order. injunction is denied or not resolved within the said
(Sec. 5, Rule 58) period, the TRO is deemed automatically vacated.
(Sec. 5, Rule 58)
The rule against the non-extendibility of the 20-day
effectivity of a temporary restraining order is Effect if No Action is Taken Within the 20-day
absolute if issued by a Regional Trial Court. The Period
failure of the trial court to fix a period in the The temporary restraining order would
temporary restraining order does not convert it to automatically expire on the 20th day by sheer
a preliminary injunction. Where there is an force of law, no judicial declaration to that effect
omission to fix the period, the 20-day period is being necessary. (Sec. 5, Rule 58)
deemed incorporated in the order. (Bacolod City
Water District v. Labayen, G.R. No. 157494, 2004) Ban on Issuance of TRO or Writ of Injunction
in Cases Involving Government Infrastructure
72-hour TRO Projects
It shall be granted if: No court, except the Supreme Court, shall issue
1. The matter is of extreme urgency; and any TRO, preliminary injunction, or preliminary
2. The applicant will suffer grave injustice and mandatory injunction against the government, or
irreparable injury. (Sec. 5, Rule 58). any of its subdivisions, officials, or any person or
entity, whether public or private, acting under the
It shall be granted by the executive judge of a government’s discretion, to restrain, prohibit, or
multiple-sala court or the presiding judge of a compel the following acts:
single-sala court, who shall immediately comply a. Acquisition, clearance, and development of the
with Sections 4 and 5, Rule 58 as to service of right-of-way and/or site or location of any
summons and the documents to be served national government project;
therewith. b. Bidding or awarding of contract/project of the
national government;
Reckoning Point of the Effectivity of a TRO c. Commencement, prosecution, execution,
A 20-day TRO has an effectivity of only 20 days to implementation, or operation of any such
be counted from service to the party sought to be contract or project;
enjoined. Likewise, within those 20 days, the court d. Termination or rescission of any such
shall order the enjoined party to show why the contract/project; and
injunction should not be granted and shall then e. The undertaking or authorization of any other
determine whether or not the injunction should be lawful activity necessary for such
granted. (First Sarmiento Property Holdings, Inc. contract/project.
v. Philippine Bank of Communications, G.R. No.
202836, 2018).
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This prohibition shall apply in all cases, disputes, 8. RULE ON PRIOR CONTEMPORANEOUS
or controversies instituted by a private party, SERVICE OF SUMMONS IN RELATION TO
including but not limited to cases filed by bidders ATTACHMENT
or those claiming to have rights through such
bidders involving such contract/project. (R.A. No. General Rule: The application for a writ of
8975, Sec. 3) preliminary injunction may or may not be included
in a complaint or any initiatory pleading. The notice
Any TRO, preliminary injunction, or preliminary of hearing on the said application shall be
mandatory injunction issued in violation of Sec. 3 preceded or contemporaneously accompanied by
is void and of no force and effect. (R.A. No. 8975, service of summons, together with a copy of the
Sec. 4) complaint or initiatory pleading and the applicant’s
affidavits and bond, upon the adverse party in the
Consequence of Issuance of TRO Against Philippines. (Sec. 4, Rule 58).
Government Infrastructure Projects
Any judge who shall issue the same in violation of Exceptions: The requirement of prior or
Sec. 3 shall suffer the penalty of suspension of at contemporaneous service of summons shall not
least 60 days without pay, in addition to any civil or apply, in the following cases:
criminal liabilities he or she may incur under a. The summons could not be served personally
existing laws. (R.A. No. 8975, Sec. 6). or by substituted service despite diligent
efforts; or
When Prohibition is Not Applicable b. The adverse party is a resident of the
1. When the matter is of extreme urgency Philippines temporarily absent therefrom; or
involving a constitutional issue, such that c. The adverse party a non-resident thereof. (Id).
unless a TRO is issued, grave injustice and
irreparable injury will arise; and Duty of the Court That Issued the Writ
2. Upon the filing of a bond by the applicant, the The trial court, the Court of Appeals, the
amount which is to be fixed by the court and Sandiganbayan or the Court of Tax Appeals that
shall accrue in favor of the government if the issued the writ of preliminary injunction against a
court should finally decide that the applicant lower court, board, officer, or quasi-judicial agency
was not entitled to the relief sought. (R.A. No. shall decide the main case or petition six (6)
8975, Sec. 3). months from the issuance of the writ. (A.M. No. 07-
7-12-SC, Effective December 27, 2007)
Other Instances When TRO May Not be Issued
A temporary restraining order may not be issued Procedure for Issuance of a TRO
to compel the performance of an act. (Villanueva (Administrative Circular 20-95; Rule 58, Sec. 4 and
vs. CA, G.R. No. 117661, 1996). 5)
Courts should avoid issuing a writ of preliminary Under ordinary circumstances:

mandatory injunction which would in effect dispose 1. The complaint is filed with a prayer for TRO or
of the main case without trial. There would be in WPI;
effect a prejudgment of the main case and a 2. The case shall be raffled and transmission of
reversal of the rule on the burden of proof since it records to selected branch.
would assume the proposition which the plaintiffs Note: If filed in a multiple-sala court, the raffle
were inceptively bound to prove. (Searth must be done after notice to and in the
Commodities Corp vs. CA, G.R. No. 64220, 1992) presence of the adverse party or the person to
be enjoined.
3. The preliminary injunction may only be heard
after the trial court has ordered the issuance of
the usual 20-day TRO. Within that period of 20
days, the court shall order the party sought to
be enjoined to show cause at a specified time
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and place why the injunction should not be Claim for Damages From the Bond Filed
granted. During that same period, the court The posting of bond in connection with a
shall also determine the propriety of granting preliminary injunction (or attachment,
the preliminary injunction and then issue the receivership, or replevin) does not operate to
corresponding order to that effect. (FERIA, relieve the party obtaining the injunction from any
2013, citing Lago vs. Abul Jr, A.M. No. RTJ-10- and all responsibility for the damages that the writ
2255, 2011). may cause. It merely gives additional protection to
the party against whom injunction is granted. (Sec.
When there is grave and irreparable injury or 20, Rule 57; Sec. 8, Rule 58)
extreme urgency:
1. File a complaint with prayer for TRO or WPI; At the trial, the amount of damages to be awarded
2. Executive judge decides whether to issue an ex to either party, upon the bond of the adverse party,
parte 72-hour TRO; shall be claimed, ascertained, and awarded under
 Applies when the matter is of extreme the same procedure prescribed in Section 20 of
urgency and the applicant will suffer grave Rule 57, to wit:
injustice and irreparable injury. 1. An application for damages must be filed:
3. Issuance or denial of the 72-hour TRO; a. Before the trial;
4. The case is raffled; b. Before the appeal is perfected; or
 Notice of raffle must be sent to a party. This c. Before the judgment becomes executory;
happens even before summons; 2. The application must be with due notice to the
 Raffled to a branch/sala. adverse party and his sureties;
5. Judge must call a summary hearing within the 3. The damages shall be awarded after hearing
72 hours, before the TRO expires, to determine and included in the judgment of the main case;
whether the TRO shall be extended until the 4. If the judgment on the appellate court be
application for preliminary injunction can be favorable against the party enjoined, he must
heard; claim damages sustained during the pendency
 Notice of hearing and notice of summons of the appeal and before the judgment
must already be given. becomes executory, in accordance with nos. 2
6. If the TRO is extended to 20 days, during the and 3 above. The appellate court may allow the
20 days, the judge shall conduct hearings to application to be heard and decided by the trial
resolve whether or not to issue a writ of court;
preliminary injunction. 5. Should the bond be insufficient to satisfy the
 Almost akin to a trial, but not a full-blown award, the claiming party shall not be
trial. prevented from recovering the damages, in the
 If not resolved or no action taken within 20 same action, from any property of the adverse
days, TRO is deemed automatically party which is not exempt from execution. (Sec.
vacated; it will automatically expire by sheer 20, Rule 57; Sec. 8, Rule 58).
force of law, no declaration to that effect
necessary. If surety is given due notice of the application for
damages, he is bound by the judgment that may
When Final Injunction Granted be entered against the principal. If no notice is
If after the trial of the action it appears that the given, the court must order the surety to show
applicant is entitled to have the act or acts cause why the bond should not respond for the
complained of permanently enjoined the court judgment for damages. If surety should contest,
shall grant a final injunction perpetually restraining the court will set it for summary hearing. (Visayan
the party or person enjoined from the commission Surety & Insurance Corp vs. Pascual, G.R. No. L-
or continuance of the act or acts of confirming the 2981, 1950).
preliminary mandatory injunction. (Sec. 9, Rule 58)
The claim for damages must be presented in the
principal action and judgment therefor should be
included in the final judgment of the case. It must
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be claimed in the same action, otherwise barred. Receiver

(Feria 2013 citing Mendoza vs. Cruz, G.R. No. L- A receiver is a person appointed by the court on
26829, 1979) behalf of all the parties to the action for the
purpose of preserving and conserving the property
The remedy is exclusive and by failing to file a in litigation and prevent its possible destruction or
motion for the determination of the damages in dissipation, if it were left in the possession of any
time and while the judgment is still under the of the parties. The appointment of a receiver is not
control of the court, the claimant loses his right to a matter of absolute right. It depends upon the
such damages. (Feria 2013, citing Japco vs. City sound discretion of the court and is based upon
of Manila, G.R. No. 24584, 1926) the facts and circumstances of each case.
(Commodities Storages & Ice Plant v. CA, G.R.
No. 125008, 1997)
E. RECEIVERSHIP A receiver is not an agent or representative of any

party to the action. He is an officer of the court
Nature of the Power and Authority of the
exercising his functions in the interest of neither
Courts to Appoint a Receiver
plaintiff nor defendant, but for the common benefit
The power to appoint a receiver is a delicate one
of all parties in the interest. He performs his duties
and should be exercised with extreme caution and
“subject to the control of the Court,” and every
only under circumstances requiring summary relief
question involved in the receivership may be
or where the court is satisfied that there is
determined by the court taking cognizance of the
imminent danger of loss, lest the injury thereby
receivership proceedings. (Pacific Merchandising
caused be far greater than the injury sought to be
Corporation v. Consolacion Insurance & Surety
averted. The court should consider the
Co., G.R. No. L-30204, 1976)
consequences to all of the parties and the power
should not be exercised when it is likely to produce
Not only that he should act at all time with the
irreparable injustice or injury to private rights or the
diligence and prudence of a good father of a family
facts demonstrate that the appointment will injure
but should also not incur any obligation or
the interests of others whose rights are entitled to
expenditure without leave of court and it is the
as much consideration from the court as those of
responsibility of the court to supervise the receiver
the complainant. (Tantano v. Caboverde, G.R. No.
and see to it that he adheres to the above standard
203585, 2013).
of his trust and limits the expenses of the
receivership to the minimum. (Normandy v.
Purpose of Receivership
Duque, G.R. No. L-25407, 1969)
The purpose of receivership is to protect and
preserve the rights of the parties during the
Unauthorized contracts of a receiver do not bind
pendency of the main action, during the pendency
the court in charge of receivership. They are the
of an appeal, or as an aid in the execution of a
receiver’s own contracts and are not recognized
judgment when the writ of execution has been by the courts as contracts of receivership. (Pacific
returned unsatisfied. (Sec. 1, Rule 59).
Merchandising Corporation v. Consolacion
Insurance & Surety Co., G.R. No. L-30204, 1976)
Receivership is aimed at the preservation of, and
at making more secure, existing rights. It cannot 1. CASES WHEN RECEIVER MAY BE
be used as an instrument for the destruction of APPOINTED
those rights. (Arranza v. BF Homes, G.R. No.
131683, 2000). Upon a verified application, one or more receivers
of the property subject of the action or proceeding
Property subject of receivership must be under may be appointed by the court where the action is
litigation. (Sec. 1, Rule 59). pending or by the Court of Appeals or by the
Supreme Court, or a member thereof, in the
following cases:
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a. When it appears from the verified application, possessor of a property is more interested
and such other proof as the court may require, than other persons in preserving and
that the party applying for the appointment of a administering it. (Id.);
receiver has an interest in the property or fund 4. The rights of the parties must not depend on
which is the subject of the action or proceeding, the pending determination of adverse claims of
and that such property or fund is in danger of legal title to real property and one party is in
being lost, removed, or materially injured possession. (Descallar v. Court of Appeals,
unless a receiver be appointed to administer G.R. No. 106473, 1993)
and preserve it;
b. When it appears in an action by the mortgagee Exception: Only when the property is in danger of
for the foreclosure of a mortgage that the being materially injured or lost, as by the
property is in danger of being wasted or prospective foreclosure of a mortgage thereon for
dissipated or materially injured, and that its non-payment of the mortgage loans despite the
value is probably insufficient to discharge the considerable income derived from the property, or
mortgage debt, or that the parties have so if portions thereof are being occupied by third
stipulated in the contract of mortgage; persons claiming adverse title thereto, may the
c. After judgment, to preserve the property during appointment of a receiver be justified. (Id.)
the pendency of an appeal, or to dispose of it
according to the judgment, or to aid execution The guiding principle for resorting to receivership
when the execution has been returned is the prevention of imminent danger to the
unsatisfied or the judgment obligor refuses to property. If an action by its nature, does not require
apply his property in satisfaction of the such protection or preservation, said remedy
judgment, or otherwise to carry the judgment cannot be applied for and granted. (Commodities
into effect; Storage v. CA, G.R. No. 125008, 1997)
d. Whenever in other cases it appears that the
appointment of a receiver is the most 3. REQUIREMENTS BEFORE ISSUANCE OF
convenient and feasible means of preserving, AN ORDER APPOINTING A RECEIVER
administering, or disposing of the property in
litigation. (Sec. 1, Rule 59). The following are the requirements before the
issuance of an order appointing a person as
During the pendency of an appeal, the appellate receiver:
court may allow an application for the appointment 1. Verified application for the appointment of a
of a receiver to be filed in and decided by the court receiver based on any of the grounds
of origin and the receiver appointed to be subject enumerated in Section 1, Rule 59; and
to the control of said court. (Id.). 2. Bond filed by the applicant and executed to the
party against whom the application is
2. REQUISITES presented, in an amount to be fixed by the
court, to the effect that the applicant will pay
The following are the requisites for receivership: such party all damages the latter may sustain
1. That the application for receivership is based by reason of the appointment of such receiver
on the grounds under Sec. 1 of Rule 59; in case the applicant should have procured the
2. That the properties being placed under same without sufficient cause. (Sec. 2, Rule
receivership are those involved in the litigation. 59).
(Central Sawmills v. Alto Surety & Insurance,
G.R. No. L-24508, 1969); The court may, in its discretion, at any time after
3. That the plaintiff must not be in the actual the appointment, require an additional bond as
possession of the property being placed under further security for such damages. (Id.)
receivership. (Calo v. Roldan, G.R. No. L-252,
1946); Procedure for Appointment of a Receiver
 This is because there would be no reason 1. A verified application must be filed by the party
for such appointment, for the owner and applying for the appointment of a receiver;
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2. The applicant must have an interest in the

property or funds subject of the action; A clerk of court should not be appointed as a
3. The applicant must show that the property or receiver as he is already burdened with his official
funds is in danger of being lost, removed, duties. (Alcantara v. Abbas, G.R. No. L-14890,
materially altered, wasted or dissipated or there 1963).
is a need to preserve or administer the
property, or that all the grounds justifying the Neither party to the litigation should be appointed
appointment of a receiver exist; as a receiver without the consent of the other
4. The application must be with notice and set for because a receiver is supposed to be an impartial
hearing; and disinterested person. (Abrigo v. Kayanan,
5. The applicant must post a bond in favor of the G.R. No. L-28601, 1983).
party against whom the application is
presented before the court issues the 4. GENERAL POWERS OF A RECEIVER
appointment of a receiver; and
6. Before entering upon his duties, the receiver Subject to the control of the court in which the
must be sworn to perform his duties faithfully action is pending, a receiver shall have the power
and shall file a bond. (Secs. 2-4, Rule 59; to:
REGALADO, 2012 ed.). 1. Bring and defend actions in his own name in his
capacity as receiver;
The Rules do not authorize an ex parte 2. Take and keep possession of the property
appointment of a receiver. A hearing is necessary subject of the controversy;
and a bond is required from the applicant. Also, all 3. Receive rents;
the necessary parties to be affected by the 4. Collect debts due to himself as receiver or to
receivership must be included in the suit. (Claudio the fund, property, estate, person, or
v. Zandueta, G.R. No. 45664, 1937). corporation of which he is the receiver;
5. Compound for and compromise the same;
Appointment of Receiver – Discretionary 6. Make transfers;
The appointment of a receiver pendente lite, like 7. Pay outstanding debts;
the granting of an interlocutory injunction, rests in 8. Divide the money and other property that shall
the discretion of the court where the application is remain among the persons legally entitled to
made which shall consider the entire receive the same; and
circumstances of the case. As such, the action of 9. Generally to do such acts respecting the
the lower court in appointing or denying the property as the court may authorize.
appointment of a receiver pendente lite will not be 10. Invest funds in his hands, only by order of the
disturbed in appeal unless there has been a clear court upon the written consent of all the parties
abuse. It has been said that, of all the (Sec.6, Rule 59)
extraordinary remedies authorized by law, the
appointment of a receiver is the most drastic and No action may be filed by or against a receiver
far-reaching in effect. Hence, such power of the without leave of the court which appointed him.
(Id.)
court should be exercised with great caution.
(Ylarde v. Enriquez, G.R. No. L-1401, 1947).
The rule talks of the current receiver of the
Instances When Receivership May Be Denied company and not the previous receiver. The
or Lifted reason behind Rule 59, Sec. 6, which requires
a. If the appointment sought or granted is without leave of court for all suits by or against the present
sufficient cause (Rule 59, Sec. 3); receiver, is to forestall any undue interference with
b. Adverse party files a counterbond to answer for the receiver’s performance of duties through
damages (Id.); improvident suits. Hence, an action filed by a
c. Applicant’s bond is insufficient (Rule 59, Sec. successor-receiver against his predecessor-
5); or receiver is allowed under Rule 59, Sec. 6, without
d. Receiver’s bond is insufficient (Id.).
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leave of court. (Orendain v. BF Homes, G.R. No. Liability for Damages

146313, 2006). In order to determine which bond is liable for
damages, it is important to identify the cause.
5. KINDS OF BONDS IN RECEIVERSHIP
If the damage is caused by reason of the
The following are the kinds of bonds in appointment of the receiver, applicant is liable
receivership: through its bond (applicant’s bond). This must be
A. Applicant’s bond (Sec. 2, Rule 59) claimed in the court where appointment of
 Bond on appointment of the receiver receivership is made; cannot file a separate action.
 A bond executed to the party against whom
the application is presented, in an amount to If the damage is caused by the negligence or
be fixed by the court, to the effect that the acts of the receiver, receiver is liable through the
applicant will pay such party all damages he receiver’s bond. This includes acts of
may sustain by reason of the appointment mismanagement or fraud, i.e., fictitious, pays
of such receiver in case the applicant shall himself instead of creditor. (Dela Riva v. Molina
have procured such appointment without Salvado, G.R. No. L-10106, 1915)
sufficient cause
 Given before the issuance of the order of Bonds Must be Served to the Interested Parties
appointment The person filing a bond in accordance with the
B. Additional bond (Sec. 2, Rule 59) provisions of this Rule shall forthwith serve a copy
 Bond on appointment of the receiver thereof on each interested party, who may except
 Given at any time after the appointment to its sufficiency or of the surety or sureties
 May be required by the court in its discretion thereon. (Sec. 5, Rule 59)
C. Counterbond (Sec. 3, Rule 59)
 The application may be denied, or the Recovery on the Bonds
receiver discharged, when the adverse The amount, if any, to be awarded to any party
party files a bond executed to the applicant, upon any bond filed in accordance with the
in an amount to be fixed by the court, to the provisions of this Rule, shall be claimed,
effect that such party will pay the applicant ascertained, and granted under the same
all damages he may suffer by reason of the procedure prescribed in Section 20 of Rule 57.
acts, omissions, or other matters specified (Sec. 9, Rule 59)
in the application as ground for such
appointment. See prior discussion on Claim for Damages From
 If the bond of the adverse party is found to the Bond Filed under Preliminary Injunction.
be insufficient in amount or the surety or
sureties thereon fail to justify, and a bond Liability for Refusal or Neglect to Deliver
sufficient in amount with sufficient sureties Property to Receiver
approved after justification is not filed A person who refuses or neglects, upon
forthwith, the receiver shall be appointed or reasonable demand, to deliver property subject or
re- appointed, as the case may be. (Sec. 5, involved in the action or proceeding, or in case of
Rule 59) disagreement, as determined and ordered by the
D. Receiver’s bond (Sec. 4, Rule 59) court, may be punished for contempt and shall be
 Bond executed to such person and in such liable to the receiver for the money or the value of
sum as the court may direct, to the effect the property and other things so refused or
that he will faithfully discharge his duties in neglected to be surrendered, together with all the
the action or proceeding and obey the damages that may have been sustained by the
orders of the court party or parties entitled thereto as a consequence
 Given by the receiver before entering upon of such refusal or neglect. (Sec. 7, Rule 59)
his duties
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6. TERMINATION OF RECEIVERSHIP Enforceability of a Writ of Replevin

A writ of replevin issued by a Regional Trial Court
Whenever the court, motu proprio or on motion of or a Municipal Trial Court may be enforced
either party, shall determine that the necessity for anywhere in the Philippines. (Fernandez v.
a receiver no longer exists, it shall, after due notice International Corporate Bank, G.R. No. 131283,
to all interested parties and hearing: 1999)
1. Settle the accounts of the receiver;
2. Direct the delivery of the funds, and other Replevin v. Preliminary Attachment;
property in his possession to the person Distinctions
adjudged to be entitled to receive them; and PRELIMINARY
3. Order the discharge of the receiver from further REPLEVIN
ATTACHMENT
duty as such.
Available only where Available even if the
4. The court shall allow the receiver such
the principal relief recovery of personal
reasonable compensation as the
sought in the action is property is only an
circumstances of the case warrant, to be taxed recovery of personal incidental relief sought
as costs against the defeated party, or property, the other in the action.
apportioned, as judgment requires. (Rule 59,
reliefs (e.g.
Sec. 8)
damages) being
merely incidental
thereto.
F. REPLEVIN Can be sought only May be resorted to
where the defendant even if the personality
Replevin is in actual or is in the custody of a
Replevin, broadly understood, is both a form of constructive third person.
principal remedy and of a provisional relief. It may possession of the
refer either to the action itself, i.e., to regain the property involved.
possession of personal chattels being wrongfully Extend only to May be resorted to
detained from the plaintiff by another, or to the personal property even if the property is
provisional remedy that would allow the plaintiff to capable of manual intangible or
retain the thing during the pendency of the action delivery. incorporeal.
and hold it in pendente lite. (Rivera v. Vargas, G.R. Available to recover Seize any property
No. 165895, 2009) personal property owned by defendant
even if the same is not or adverse party.
Nature of an Action for Replevin concealed, removed,
The action is primarily possessory in nature and or disposed of.
determines nothing more than the right of Cannot be availed of if Can still be resorted to
possession. Replevin is so usually described as a the property is in even if the property is
mixed action, being partly in rem and partly in custody legis, except: in custodia legis.
personam – in rem insofar as the recovery of a. When the seizure
specific property is concerned, and in personam is illegal;
as regards to damages involved. As an “action in b. Where there is
rem,” the gist of the replevin action is the right of reason to believe
the plaintiff to obtain possession of specific that the seizure will
personal property by reason of his being the owner not anymore be
or of his having a special interest therein. (BA followed by the
Finance Corporation v. CA, G.R. No. 102998, filing of the criminal
1996) action in court or
there are
conflicting claims.
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(Chua v. CA, G.R. personally knows of the facts the matters

No.119255, 2003) required under the Rules, which shows that:
i. Applicant is the owner of the property
claimed, particularly describing it, or is
1. WHEN MAY WRIT BE ISSUED entitled to the possession thereof;
ii. Property is wrongfully detained by the
When Application May be Filed adverse party, alleging the cause of
A party may apply a writ of replevin to recover the detention thereof according to the best of
possession of a personal property: his knowledge, information, and belief;
a. At the commencement of the action; or iii. Property has not been distrained or taken
b. At any time before defendant files answer. for a tax assessment or a fine pursuant to
(Rule 60, Sec. 1) law, or seized under a writ of execution or
preliminary attachment, or otherwise placed
Note: there can be no replevin before the appellate under custodia legis, or if so seized, that it
courts. is exempt or should be released from such
seizure or custody; and
Applicant Need Not be the Owner iv. Actual market value of the property;
The applicant need not be the owner of the 3. Applicant must give a replevin bond, executed
property. It is enough that he has a right to its to the adverse party and double the value of the
possession. (Yang v. Valdez, G.R. No. 73317, property. (Rule 60, Sec. 2);
1989) Note: A replevin bond is simply intended to
indemnify the defendant against any loss that
Note: A chattel mortgagee may maintain an action he may suffer by being compelled to surrender
for replevin. Where the mortgage authorizes the the possession of the disputed property
mortgagee to take possession of the property on pending the trial of the action. (Alim v. CA, G.R.
default, he may maintain an action to recover No. 93213, 1991)
possession of the mortgaged chattels from the 4. Upon the filing of such affidavit and approval of
mortgagor or from any person in whose hands he the bond, the court shall issue an order and
may find them. This is irrespective of whether the corresponding writ of replevin describing the
mortgage contemplates a summary sale of the personal property alleged to be wrongfully
property or foreclosure by court action. (Agner v. detained and requiring the sheriff forthwith to
BPI Family Savings Bank, G.R. No. 182963, 2013) take such property into his custody. (Sec. 3,
Rule 60)
2. REQUISITES
For a writ of replevin to be issued, the following are Note: If the detention is actually allowed by law,
required: then no replevin is allowed (Twin Ace Holding v.
1. An application must be timely filed (Sec. 1, Rule Rufina, G.R. No. 160191, 2006)
60);
2. The application must be supported by an Remedies of Owner or Person Entitled to
affidavit (Sec 2, Rule 60); Possession to Secure Return of Property
3. The applicant must give a bond executed to the i. Object to the sufficiency of the bond or of the
adverse party. (Id.) surety or sureties thereon (Sec 5, Rule 60);
 In this case, return cannot be immediately
3. AFFIDAVIT AND BOND; REDELIVERY required;
BOND  The result of this remedy is to require a
bond in a higher amount i.e., a new bond.
Procedure for the Application for Replevin Only when this order is not complied with
1. Application for replevin must be filed at any that the replevin is discharged.
time before defendant files an answer; ii. Filing of counterbond or redelivery bond (Id.)
2. Application must contain an affidavit executed
by the applicant or some other person who
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 In this case, return can be immediately c. If the adverse party requires the return of the
demanded; property but his bond is objected to and found
 The bond must be double the value of the insufficient and he does not forthwith file an
property as stated in the applicant’s approved bond. (Sec. 6, Rule 60)
affidavit;
 The redelivery bond answers for delivery of If for any reason, the property is not delivered to
the subject property and payment of all the applicant, the sheriff MUST return the property
sums as may be adjudged. to the adverse party. (Id.)
 Requisites:
1. Must be filed before the delivery of The Rules provide that property seized under a
property to the plaintiff and within 5 writ of replevin is not to be delivered immediately
days after the taking of the property by to the plaintiff. Under Section 6, Rule 60, the
the sheriff; Sheriff should have waited no less than 5 days in
2. Copy must be served to the plaintiff (also order to give the complainant an opportunity to
within 5 days after the taking of the object to the sufficiency of the bond. (Hao v.
property by the sheriff). (Sec. 6, Rule 60) Andres, A.M. No. P-07-2384, 2008)
4. SHERIFF’S DUTY IN THE Effect of Writ of Replevin That Has Been

IMPLEMENTATION OF THE WRIT; WHEN Improperly Served
PROPERTY IS CLAIMED BY THIRD PARTY Service of the writ upon the adverse party is
mandatory in line with the constitutional guaranty
Duties of the Sheriff on procedural due process and as safeguard
1. The sheriff must serve a copy of the order on against unreasonable searches and seizures. The
the adverse party, together with a copy of the writ or order of replevin should comply with all the
application, affidavit, and bond; requirements as to matters of form or contents
2. If the property is in the possession of the prescribed by the Rules of Court. The writ must
adverse party or his agent, the sheriff must also satisfy proper service in order to be valid and
forthwith take it and retain it in his custody; effective, i.e., it should be directed to the officer
3. If the property or any part thereof be concealed who is authorized to serve it; and it should be
in a building or enclosure, the sheriff must served upon the person who not only has the
demand its delivery, and if it not be delivered, possession or custody of the property involved but
he must cause the building or enclosure to who is also a party or agent of a party to the action.
be broken open and take the property into his Consequently, a trial court is deemed to have
possession; acted without or in excess of its jurisdiction with
4. After the sheriff has taken possession of the respect to the ancillary action of replevin if it seizes
property, he must keep it in a secure place and and detains a personalty on the basis of a writ that
shall be responsible for its delivery to the was improperly served.
party entitled thereto upon receiving his fees
and necessary expenses for taking and The proper remedy of the person being served
keeping the same. (Rule 60, Sec. 4) with the writ should be to file a motion to quash the
writ of replevin or a motion to vacate the order of
Disposition of Property by Sheriff seizure. It now becomes imperative for the trial
The sheriff shall deliver the property to the court to restore the parties to their former positions
applicant if within 5 days after the taking of the by returning the seized property to petitioner and
property by the sheriff, the adverse party: by discharging the replevin bond filed by
a. Does not object to the sufficiency of the bond, respondent. (Rivera v. Vargas, G.R. No. 165895,
or of the surety or sureties contained thereon; 2009).
or
b. So objects, and the court affirms its approval of
the applicant’s bond or approves a new bond;
or
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Remedies of Third Parties When the writ of replevin is issued in favor of the
A. Terceria (third-party claim); Republic of the Philippines, or any officer duly
B. Separate action to assail recovery of representing it, the filing of such bond shall not be
possession; required, and in case the sheriff is sued for
C. File a motion for intervention. damages as a result of the replevin, he shall be
represented by the Solicitor General, and if held
Terceria liable therefor, the actual damages adjudged by
When the property taken is claimed against whom the court shall be paid by the National Treasurer
replevin had been issued or his agent, the sheriff out of the funds to be appropriated for the purpose.
shall not be bound to keep the property under (Sec. 7, Rule 60)
replevin if such third person shall:
1. Make an affidavit of his title to or right of Note: This is similar as in third-party claims in
possession over the property; execution and in attachment.
2. Such affidavit states the grounds of such title or
right; In Rule 57, Sec. 14, the affidavit is served upon the
3. The affidavit is served to the sheriff while the sheriff while he has possession of the attached
latter has possession of the attached property; property.
and
4. A copy of the affidavit is served upon the In Rule 60, Sec. 7, the affidavit is served within 5
applicant. (Sec. 7, Rule 60) days in which the sheriff has possession, in
connection with Rule 60, Sec. 6.
However, the sheriff shall still be bound to keep the
property if:
1. The applicant or his agent, on demand of the
sheriff, shall file a bond approved by the court G. PROVISIONAL REMEDIES AND
to indemnify the third-party claimant; and INTERIM RELIEFS UNDER SPECIAL
2. The bond shall be in an amount not less than LAWS AND RULES
the value of the property under replevin as
declared in the affidavit of the applicant; 1. PROVISIONAL REMEDIES OF THE
FAMILY COURTS (R.A. 8369)
Note: In case of disagreement as to such value,
the court shall determine the same. (Id.) Restraining Order:
The Family Court may issue a restraining order:
No claim for damages for the taking or keeping of 1. Upon a verified application for relief of abuse
the property may be enforced against the bond, by:
unless the action therefor is filed within 120 days a. The complainant; or
from the date of the filing of the bond. (Id.) b. The victim for relief from abuse.
2. The application is based on the ground of
The sheriff shall not be liable for damages, for the violence among immediate family members
taking or keeping of such property, to any such living in the same domicile or household; and
third-party claimant, if such bond shall be filed. 3. Such order is directed against the accused or
(Id.) defendant. (Sec. 7, R.A. No. 8369)
Nothing herein contained shall prevent such Other Reliefs That May be Awarded:
claimant or any third person from vindicating his The Family Court may also:
claim to the property, or prevent the attaching a. Order the temporary custody of children in all
property claiming damages against a third-party civil actions for their custody;
claimant who filed a frivolous or plainly spurious b. Order support pendente lite, including
claim, in the SAME or SEPARATE action. (Id.) deduction from the salary and use of conjugal
home and other properties in all civil actions for
support (Id.)
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2. HUMAN SECURITY ACT (R.A. 9372) a. Examine, or cause the examination of, the
deposits, placements, trust accounts, assets
Restriction on Travel and records in a bank or financial institution;
Travel outside the municipality or city, without the and
authorization of the court shall be deemed a b. Gather or cause the gathering of any relevant
violation of the terms and conditions of his bail information about such deposits, placements,
when the following are satisfied: trust accounts, assets, and records from a bank
1. An application for the limitation is made by the or financial institution. (Sec. 27, R.A. 9372)
prosecutor;
2. The evidence of guilt against the accused is not Before granting such authorization, the justices
strong; must satisfy themselves, in a hearing called for the
3. The person charged with the crime of terrorism purpose, of the existence of a probable cause that:
or conspiracy to commit terrorism is entitled to 1. A person charged with or suspected of the
bail and is granted the same; and crime of terrorism or, conspiracy to commit
4. The limitation is in the interest of national terrorism;
security and public safety. (Sec. 26, R.A. 9372) 2. Of a judicially declared and outlawed terrorist
organization, association, or group of persons;
Scope of Restriction and
Travel can only be done WITHIN the municipality 3. Of a member of such judicially declared and
or city where the accused resides or where the outlawed organization, association, or group of
case is pending. (Id.) persons. (Id.).
Effect of Violation of the Restriction Process of the Authorization for Examination

The bail shall be forfeited as provided under the I. An ex parte application shall be filed by police
Rules of Court. (Id.) or a law enforcement official who has been duly
authorized in writing to file such ex parte
House arrest application by the Anti-Terrorism Council to file
The accused may also be placed under house such ex parte application;
arrest at his or her usual place of residence. (Id.) II. The application shall be filed in the Court of
Appeals division designated as a special court
Restrictions when on House Arrest to handle anti-terrorism cases;
Accused may not use telephones, cellphones, e- III. An examination under oath or affirmation of the
mails, computers, the internet or other means of applicant and, the witnesses he may produce
communications with people outside the residence to establish the facts that will justify the need
until otherwise ordered by the court. (Id.). and urgency of examining and freezing the
bank deposits, placements, trust accounts,
Termination of Restrictions assets, and records of those whose accounts
a. When the accused is acquitted; may be examined, is conducted; and
b. When the case is dismissed; IV. The special court, in writing, shall grant the
c. Upon the discretion of the court; or authorization to any law enforcement officer
d. Upon motion of the prosecutor or accused. and the members of his/her team duly
(Sec. 26, R.A. 9372). authorized by the Anti-Terrorism Council upon:
1. Satisfaction of the need and urgency of
Examination of Bank Deposits, Accounts, and examining and freezing the bank deposits,
Records placements, trust accounts, assets, and
The justices of the Court of Appeals, designated records; and
as a special court handling anti-terrorism cases, 2. Satisfaction of the probable cause that:
may authorize in writing any police or law i. A person charged with or suspected of
enforcement officer, and the members of his/her the crime of terrorism or, conspiracy to
team duly authorized in writing by the Anti- commit terrorism;
Terrorism Council to:
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ii. Of a judicially declared and outlawed communicating with the petitioner, directly or
terrorist organization, association, or indirectly;
group of persons; and iii. Removal and exclusion of the respondent from
iii. Of a member of such judicially declared the residence of the petitioner, regardless of
and outlawed organization, association, ownership of the residence, either temporarily
or group of persons. (Secs. 27 & 28, R.A. for the purpose of protecting the petitioner, or
9372) permanently where no property rights are
violated, and if respondent must remove
Note: The bank or financial institution concerned, personal effects from the residence, the court
shall not refuse to allow such examination or to shall direct a law enforcement agent to
provide the desired information, when so, ordered accompany the respondent has gathered his
by and served with the written order of the Court things and escort respondent from the
of Appeals. (Sec. 27, R.A. 9372) residence;
iv. Directing the respondent to stay away from
Note: the provisions of the human security act petitioner and designated family or household
shall prevail over the Secrecy of Bank Deposits member at a distance specified by the court,
Act. (Id.) and to stay away from the residence, school,
place of employment, or any specified place
3. ANTI-VIOLENECE AGAINST WOMEN frequented by the petitioner and any
AND CHILDREN ACT (R.A. 9262) designated family or household member;
v. Directing lawful possession and use by
Applicability of Protection Orders to Criminal petitioner of an automobile and other essential
Cases personal effects, regardless of ownership, and
Provisions on protection orders shall be applicable directing the appropriate law enforcement
in impliedly instituted with the criminal actions officer to accompany the petitioner to the
involving violence against women and their residence of the parties to ensure that the
children. (Sec. 22, R.A. 9262) petitioner is safely restored to the possession
Purpose of a Protection Order of the automobile and other essential personal
The purpose of a protection order is to prevent effects, or to supervise the petitioner's or
further acts of violence against a woman or her respondent's removal of personal belongings;
child and granting other necessary relief. The relief vi. Granting a temporary or permanent custody of
granted should serve the purpose of: a child/children to the petitioner;
1. Safeguarding the victim from further harm; vii. Directing the respondent to provide support to
2. Minimizing any disruption in the victim's daily the woman and/or her child if entitled to legal
life; and support. Notwithstanding other laws to the
3. Facilitating the opportunity and ability of the contrary, the court shall order an appropriate
victim to independently regain control over her percentage of the income or salary of the
life. (Sec. 8, R.A. 9262) respondent to be withheld regularly by the
Kinds of Protection Orders respondent's employer for the same to be
1. Barangay protection order (BPO); automatically remitted directly to the woman.
2. Temporary protection order (TPO); and Failure to remit and/or withhold or any delay in
3. Permanent protection order (PPO). (Id.) the remittance of support to the woman and/or
her child without justifiable cause shall render
Reliefs Included in Protection Orders the respondent or his employer liable for
i. Prohibition of the respondent from threatening indirect contempt of court;
to commit or committing, personally or through viii. Prohibition of the respondent from any use
another, any of the acts of violence under Sec. or possession of any firearm or deadly weapon
5 of R.A. 9372; and order him to surrender the same to the
ii. Prohibition of the respondent from harassing, court for appropriate disposition by the court,
annoying, telephoning, contacting or otherwise including revocation of license and
disqualification to apply for any license to use
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or possess a firearm. If the offender is a law Where to Apply for a Protection Order
enforcement agent, the court shall order the A. BPO – in accordance with the rules on venue
offender to surrender his firearm and shall under Section 409 of the Local Government
direct the appropriate authority to investigate Code, to wit:
on the offender and take appropriate action on a. Those involving residents of the same
matter; barangay, then in the Punong Barangay
ix. Restitution for actual damages caused by the therein;
violence inflicted, including, but not limited to, b. Those involving actual residents of different
property damage, medical expenses, childcare barangays within the same city or
expenses and loss of income; municipality shall be brought in the
x. Directing the DSWD or any appropriate agency barangay where the respondent or any of
to provide petitioner may need; and the respondents actually resides, at the
xi. Provision of such other forms of relief as the election of the complainant;
court deems necessary to protect and provide
for the safety of the petitioner and any If the parties reside in different municipalities or
designated family or household member, cities, the Punong Barangay or any kagawad of
provided petitioner and any designated family the barangay where the victim-survivor resides
or household member consents to such relief. shall assist the victim-survivor/applicant in filing an
(Id.) application for a Protection Order from the court
within 2 hours from the request. (Sec. 15, IRR of
Note: Such reliefs shall be granted even in the R.A. 9262).
absence of a decree of legal separation or
annulment or declaration of absolute nullity of The place of residence or location of the victim-
marriage. (Id.) survivor/petitioner may include the place where
the victim-survivor temporarily resides or where
A BPO does not include all reliefs mentioned she sought refuge/sanctuary to escape from and
above. See further discussions below. avoid continuing violence from the respondent.
(Id.).
Who May file Petition for Protection Orders
a. The offended party; B. TPO or PPO – in the Family Court in the place
b. The parents or guardians of the offended party; of residence of the petitioner, if any. Otherwise,
c. The ascendants, descendants or collateral the application shall be filed with the RTC or
relatives within the fourth civil degree of MeTC/MTC with territorial jurisdiction over the
consanguinity or affinity; place of residence of the petitioner. (Sec. 10,
d. Officers or social workers of the DSWD or R.A. 9262)
social workers of local government units
(LGUs); The place of residence of the victim-survivor
e. Police officers, preferably those in charge of may include the place where she temporarily
women and children's desks; resides or where she sought refuge/sanctuary
f. The Punong Barangay or Barangay Kagawad; to escape from and avoid continuing violence
g. The lawyer, counselor, therapist or healthcare from the respondent. (Sec. 21, R.A. 9262)
provider of the petitioner; or
h. At least 2 concerned responsible citizens of the How to Apply for a Protection Order
city or municipality where the violence against 1. The application for a protection order must be:
women and their children occurred and who i. In writing;
has personal knowledge of the offense ii. Signed by the applicant; and
committed. (Sec. 9, R.A. 9262) iii. Verified under oath by the applicant.
2. It may be filed as an independent action or as
incidental relief in any civil or criminal case the
subject matter or issues thereof partakes of a
violence as described in Sec. 5 of R.A. 9262.
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3. A standard protection order application form, communicating with the victim-survivor, directly
written in English with translation to the major or indirectly. (Sec. 13, IRR of R.A. 9262)
local languages, shall be made available to
facilitate applications for protections order and It is issued by the Punong Barangay on the date of
shall contain the following information: filing after ex parte determination of the basis of
i. names and addresses of petitioner and the application. If the Punong Barangay is
respondent; unavailable to act on the application for a BPO, the
ii. description of relationship between application shall be acted upon by any available
petitioner and respondent; Barangay Kagawad. If the BPO is issued by a
iii. a statement of the circumstances of the Barangay Kagawad, the order must be
abuse; accompanied by an attestation by the Barangay
iv. description of the reliefs requested by Kagawad that the Punong Barangay was
petitioner as specified in Section 19 herein; unavailable at the time for the issuance of the
v. request for counsel and reasons for such; BPO. (Sec. 14, R.A. 9262)
vi. request for waiver of application fees until
hearing; and The victim-survivor/petitioner may be
vii. an attestation that there is no pending accompanied by any non-lawyer advocate in the
application for a protection order in another proceedings before the Punong Barangay. (Sec.
court. 14, IRR of R.A. 9262)
4. If the applicant is not the victim, the application
must be accompanied by an affidavit of the The BPO shall state the last known address of the
applicant attesting to: respondent, the date and time of issuance, and the
i. The circumstances of the abuse suffered by protective remedies prayed for by the victim-
the victim; and survivor/petitioner. The BPO shall be effective for
ii. The circumstances of consent given by the 15 days. (Id.)
victim for the filing of the application.
5. When disclosure of the address of the victim Immediately after the issuance of an ex parte
will pose danger to her life, it shall be so stated BPO, the Punong Barangay or Barangay
in the application. (Sec. 11, R.A. 9262) Kagawad shall personally serve a copy of the
same to the respondent, or direct any barangay
An application for protection order filed with a court official to effect its personal service. It is deemed
shall be considered an application for both a TPO served upon:
and PPO. (Id.) a. Receipt thereof by the respondent;
b. Receipt by any adult who received the BPO at
BPO the address of the respondent;
c. In case the respondent or any adult at the
It is a protection order issued by the Punong residence of the respondent refuses, for
Barangay ordering the perpetrator to desist from whatever cause, to receive the BPO, by leaving
committing the following acts: a copy of the BPO at the said address in the
a. Causing physical harm to the woman or her presence of at least 2 witnesses. (Id.).
child; or
b. Threatening to cause the woman or her child The barangay official serving the BPO must issue
physical harm. (Secs 5 (a) & (b), 14, R.A. 9262) a certification setting forth the manner, place and
date of service, including the reasons why the
The reliefs that may be granted by the BPO are: same remain unserved. (Id.).
1. Prohibition of the respondent from committing Within 24 hours after a BPO is issued, the Punong
the acts mentioned above; Barangay, or in her/his absence or inability, any
2. Prohibition of the respondent from harassing, available Barangay Kagawad shall assist the
annoying, telephoning, contacting or otherwise victim-survivor/petitioner in filing for an application
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for a TPO or PPO with the nearest court in the rescheduling or postponing the hearing on the
place of residence of the victim-survivor. (Id.). merits of the issuance of a PPO. If the respondent
appears without counsel on the date of the hearing
All BPOs shall be enforceable within the barangay on the PPO, the court shall appoint a lawyer for the
which issued the order. The issuance of a BPO or respondent and immediately proceed with the
the pendency of an application for a BPO shall not hearing. In case the respondent fails to appear
preclude the victim-survivor/petitioner from despite proper notice, the court shall allow ex parte
applying for, or the court from granting, a TPO or presentation of the evidence by the applicant and
PPO. However, where a Temporary Protection render judgment on the basis of the evidence
has already been granted by any court, the presented. (Id.)
barangay official may no longer issue a BPO.
(Sec. 14, IRR of R.A. 9262). The court shall allow the introduction of any history
of abusive conduct of a respondent even if the
Violation of a BPO shall be punishable by same was not directed against the applicant or the
imprisonment of 30 days without prejudice to any person for whom the applicant is made. (Id.)
other criminal or civil action that the offended party The court shall not deny the issuance of protection
may file for any of the acts committed. (Sec. 21, order on the basis of the lapse of time between the
R.A. 9262) act of violence and the filing of the application. (Id.)
Regardless of the conviction or acquittal of the
A complaint for a violation of a BPO must be filed respondent, the Court must determine whether or
directly with any MeTC/MTC that has territorial not the PPO shall become final. Even in a
jurisdiction over the barangay that issued the BPO. dismissal, a PPO shall be granted as long as there
(Id.) is no clear showing that the act from which the
order might arise did not exist. (Id.)
TPO
4. ANTI-MONEY LAUNDERING ACT (R.A.
It refers to the protection order issued by the court 9160, AS AMENDED)
on the date of filing of the application after ex parte
determination that such order should be issued. Authority to Issue Freeze Order
(Sec. 15, R.A. 9262) A freeze order refers to a provisional remedy
aimed at blocking or restraining monetary
A TPO may grant some or all reliefs available for a instruments or properties in any way related to an
protection order. It is effective for thirty 30 days. unlawful activity, as herein defined, from being
(Id.) transacted, withdrawn, deposited, transferred,
removed, converted, concealed, or otherwise
The court shall schedule a hearing on the issuance moved or disposed without affecting the ownership
of a PPO prior to or on the date of the expiration of thereof. (Sec. 1 (mm), Rule 2, 2018 IRR of the
the TPO. (Id.) AMLA)
PPO Monetary instruments or properties related to an

unlawful activity refers to:
It is the protection order issued by the court after i. All proceeds of an unlawful activity;
notice and hearing. A PPO may grant some or all ii. All instrumentalities of an unlawful activity,
reliefs available for a protection order. It shall be including all moneys, expenditures, payments,
effective until revoked by a court upon application disbursements, costs, outlays, charges,
of the person in whose favor the order was issued. accounts, refunds, and other similar items for
(Sec. 16, R.A. 9262) the financing, operations, and maintenance of
any unlawful activity;
Respondents non-appearance despite proper iii. All monetary instruments or property, including
notice, or his lack of a lawyer, or the non- monetary, financial or economic means,
availability of his lawyer shall not be a ground for devices, accounts, documents, papers, items,
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objects or things, used in or having any relation official of the AMLC (Sec. 45, A.M. No. 05-11-
to any unlawful activity or money laundering, 04-SC);
regardless of the current owner or possessor, 3. After determination that probable cause exists
and circumstances of ownership or acquisition; that any monetary instrument or property is in
and any way related to an unlawful activity, the
iv. For purposes of freeze order and bank inquiry Court of Appeals may issue a freeze order,
order: related and materially-linked accounts. which shall be effective immediately, for a
(Sec. 1 (fff), Rule 2, 2018 IRR of the AMLA) period of 20 days (Sec. 2.5, Rule 2, 2018 IRR
of the AMLA);
The Court of Appeals may issue a freeze order of 4. Before the expiration of the 20-day freeze
monetary instrument or property upon: order, the Court of Appeals shall conduct a
1. A verified ex parte petition by the Anti-Money summary hearing, with notice to the parties, to
Laundering Council (AMLC); and determine whether or not to modify or lift the
2. After determination that probable cause exists freeze order, or to extend its effectivity.
that any monetary instrument or property is in Pending resolution by the Court of Appeals, the
any way related to an unlawful activity as freeze order shall remain effective. (Sec. 2.7,
defined in Section 3(i) of the R.A. 9160, as Rule 2, 2018 IRR of the AMLA);
amended. (Sec. 10, R.A. 9160, as amended) 5. The freeze order shall take effect immediately
and shall remain effective for a total period not
The freeze order shall be effective immediately, exceeding 6 months. (Sec. 2.8, Rule 2, 2018
which shall not exceed 6 months depending upon IRR of the AMLA);
the circumstances of the case. (Id.)
5. FINANCIAL REHABILITATION AND
if there is no case filed against a person whose INSOLVENCY ACT (R.A. 10142)
account has been frozen within the period
determined by the court, the freeze order shall be Stay or Suspension Order
deemed ipso facto lifted. (Id.) Stay or Suspension Order shall refer to an order
issued in conjunction with the commencement
In any case, the court should act on the petition to order that shall:
freeze within 24 hours from filing of the petition. If 1. Suspend all actions or proceedings, in court or
the application is filed a day before a nonworking otherwise, for the enforcement of claims
day, the computation of the 24-hour period shall against the debtor;
exclude the nonworking days. (Id.) 2. Suspend all actions to enforce any judgment,
attachment or other provisional remedies
No court shall issue a temporary restraining order against the debtor;
or a writ of injunction against any freeze order, 3. Prohibit the debtor from selling, encumbering,
except the Supreme Court. (Id.) transferring or disposing in any manner any of
its properties except in the ordinary course of
A person whose account has been frozen may file business; and
a motion to lift the freeze order and the court must 4. Prohibit the debtor from making any payment
resolve this motion before the expiration of the of its liabilities outstanding as of the
freeze order. (Id.) commencement date except as may be
provided herein. (Sec. 16 (q), R.A. 10142)
Procedure for the Issuance of a Freeze Order
1. The AMLC, through the Solicitor General, files Exceptions to the Stay Order:
an ex parte application for a freeze order with The Stay or Suspension Order shall not apply to:
the Court of Appeals (Sec. 2.1, Rule 2, 2018 a. Cases already pending appeal in the Supreme
IRR of the AMLA); Court as of commencement date;
2. The application shall be in the form of a verified b. Cases pending or filed at a specialized court or
petition accompanied by a certificate against quasi-judicial agency;
forum shopping, personally signed by an
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c. Enforcement actions against sureties and other Management During Rehabilitation

persons solidarily liable with the debtor, and The rehabilitation receiver shall not take over the
third party or accommodation mortgagors as management and control of the debtor. However,
well as issuers of letters of credit, unless the all disbursements, payments or sale, disposal,
property subject of the third party or assignment, transfer or encumbrance of property,
accommodation mortgage is necessary for the or any other act affecting title or interest in
rehabilitation of the debtor as determined by property, shall be subject to the approval of the
the court upon recommendation by the rehabilitation receiver and/or the court. (Id.)
rehabilitation receiver;
d. Action of customers or clients of a securities Exceptions:
market participant to recover moneys and a. Actual or imminent danger of dissipation, loss,
securities entrusted to the latter in the ordinary wastage or destruction of the debtor's assets or
course of the latter's business as well as any other properties;
action of such securities market participant or b. Paralyzation of the business operations of the
the appropriate regulatory agency or self- debtor; or
regulatory organization to pay or settle such c. Gross mismanagement of the debtor, or fraud
claims or liabilities; or other wrongful conduct on the part of, or
e. Actions of a licensed broker or dealer to sell gross or willful violation of this Act by, existing
pledged securities of a debtor pursuant to a management of the debtor or the owner,
securities pledge or margin agreement for the partner, director, officer or representative/s in
settlement of securities transactions; management of the debtor.
f. Clearing and settlement of financial
transactions through the facilities of a clearing In which case, the court may appoint:
agency or similar entities duly authorized, a. The rehabilitation receiver to assume the
registered and/or recognized by the powers of management of the debtor; or
appropriate regulatory agency like the Bangko b. A management committee that will undertake
Sentral ng Pilipinas (BSP) and the SEC as well the management of the debtor. (Sec. 36, R.A.
as any form of actions of such agencies or 10142).
entities to reimburse themselves for any
transactions settled for the debtor; and "Equality is Equity" Principle
g. Criminal action against the individual debtor or During rehabilitation receivership, the assets are
owner, partner, director or officer of a debtor. held in trust for the equal benefit of all creditors to
(Sec. 18, R.A. 10142) preclude one from obtaining an advantage or
preference over another by the expediency of an
Rehabilitation Receiver attachment, execution or otherwise.
Upon the commencement of the rehabilitation
proceedings through the issuance of a When a corporation threatened by bankruptcy is
Commencement Order pursuant to a court- taken over by a receiver, all the creditors should
supervised rehabilitation, a rehabilitation receiver stand on an equal footing. Not anyone of them
shall be appointed. (Sec. 16 (h), R.A. 10142) should be given any preference by paying one or
some of them ahead of the others. This is precisely
The rehabilitation receiver shall be deemed an the reason for the suspension of all pending claims
officer of the court with the principal duty of against the corporation under receivership.
preserving and maximizing the value of the assets Instead of creditors vexing the courts with suits
of the debtor during the rehabilitation proceedings, against the distressed firm, they are directed to file
determining the viability of the rehabilitation of the their claims with the receiver who is a duly
debtor, preparing and recommending a appointed officer of the SEC. (New Frontier Sugar
Rehabilitation Plan to the court, and implementing Corporation v. Regional Trial Court, Br. 39, Iloilo
the approved Rehabilitation Plan. (Sec. 31, R.A. City, G.R. No. 165001, 2007)
10142)
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6. PRECAUTIONARY HOLD DEPARTURE Requirements for filing an application for

ORDERS PHDO
1. A motion by the complainant in a criminal
Nature of a Precautionary Hold-Departure complaint filed before the office of the city or
Order (PHDO) provincial prosecutor;
It is a written order of the court commanding the 2. Preliminary determination of probable cause
Bureau of Immigration to prevent any attempt by a based on the complaint and attachments;
person suspected of a crime to depart from any 3. Application filed by a prosecutor or the Office of
Philippine airport or port. (Sec. 1, A.M. No. 18-07- the Ombudsman in the name of the People of
05-SC) the Philippines; and
4. Complaint-affidavit and its attachments,
A.M. No. 18-07-05-SC authorizes the issuance of personal details, passport number and a
a PHDO even prior to the filing of an information in photograph of the respondent, if available.
court when justified under the circumstances. This (Sec. 3, A.M. No. 18-07-05-SC)
recognizes the fact that the processes leading to
the filing of a case usually take a while before they Grounds for Issuance
are concluded such that by the time the 1. There must be a determination by the judge or
information is filed in court, the accused may have a Division of the Sandiganbayan, in whose
already left the country and is now beyond the court the application is filed, that there is:
reach of courts. (Garcia v. Sandiganbayan, G.R. i. Probable cause, and
Nos. 205904-06, 2018) ii. High probability that respondent will depart
from the Philippines to evade arrest and
PHDO are issued ex parte in cases involving prosecution of crime.
crimes where: 2. The judge or Division shall personally examine
a. The minimum of the penalty prescribed by law under oath or affirmation, in the form of
is at least six (6) years and one (1) day; or searching questions and answers in writing, the
b. The offender is a foreigner, regardless of the applicant and the witnesses he or she may
imposable penalty. (Sec. 1, A.M. No. 18-07-05- produce on facts personally known to them and
SC). attaching to the record their sworn statements.
(Sec. 4, A.M. No. 18-07-05-SC)
Venue for Filing
A. Any RTC within whose territorial jurisdiction the Preliminary Finding of Probable Cause
alleged crime was committed, except: The finding of probable cause by the judge or
a. For compelling reasons, any RTC within the Division, which is solely based on the complaint
judicial region where the crime was and is specifically issued for the purpose of issuing
committed if the place of the commission of the PHDO, is without prejudice to the resolution of
the crime is known; the prosecutor or the Office of the Ombudsman.
b. RTCs in Manila City, Quezon City, Cebu (Sec. 5, A.M. No. 18-07-05-SC).
City, Iloilo City, Davao City, and Cagayan de
Oro City for applications filed by the Dismissal of the criminal complaint by the
prosecutor based on complaints instituted prosecutor or the Office of the Ombudsman for
by the NBI, regardless of where the alleged lack of probable cause is a ground for the lifting
crime was committed. (Sec. 2, A.M. No. 18- of the PHDO with the RTC or Division that issued
07-05-SC); the order. (Id.)
B. Sandiganbayan, in cases falling within its
jurisdiction. (Sec. 3, Rule VIII, 2018 Revised The case with the court that issued the PHDO, on
Internal Rules of the Sandiganbayan). motion of the prosecutor, shall be consolidated
with the court where the criminal information is
filed. (Id.)
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Form and Validity of PHDO

The PHDO shall contain:
1. The name of the respondent;
2. His or her alleged crime;
3. The time and place of its commission;
4. The name of the complainant; and
5. A copy of the application, personal details,
passport number, photograph of the
respondent, if available. (Sec. 6, A.M. No. 18-
07-05-SC)
The order shall be valid until lifted by the issuing

court as may be warranted by the result of the
preliminary investigation. (Id.)
Lifting of the Order

Upon verified motion of respondent before the
issuing court for the temporary lifting of PHDO
alleging that:
a. Based on the complaint-affidavit and the
evidence that he or she will present, there is
doubt that probable cause exists to issue the
PHDO; or
b. He or she is not a flight risk. (Sec. 7, A.M. No.
18-07-05-SC)
The lifting of the PHDO is without prejudice to the

resolution of the preliminary investigation against
the respondent. (Id.)
Bond
Respondent is required to post a bond in an
amount to be determined by the court, subject to
the conditions set forth in the Order granting the
temporary lifting of the PHDO. (Sec. 8, A.M. No.
18-07-05-SC)
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SPECIAL CIVIL
ACTIONS
Remedial Law
ATENEO CENTRAL
V. SPECIAL CIVIL ACTIONS H. QUO WARRANTO

1. Distinguish: quo warranto under the Rules
of Court and quo warranto under the
TOPIC OUTLINE UNDER THE 2020 SYLLABUS
Omnibus Election Code
2. When government commences an action
V. SPECIAL CIVIL ACTIONS
against individuals or associations
A. NATURE OF SPECIAL CIVIL ACTIONS
3. When individual may commence an action
B. DISTINGUISH: ORDINARY CIVIL ACTIONS
4. Judgment in quo warranto action
AND SPECIAL CIVIL ACTIONS
I. EXPROPRIATION
C. JURISDICTION AND VENUE
1. Matters to allege in complaint for
D. INTERPLEADER
expropriation
1. Requisites for interpleader
2. Two stages in every action for
2. When to file
expropriation
3. Dismissal
3. When plaintiff can immediately enter into
E. DECLARATORY RELIEF AND SIMILAR
possession of the real property
REMEDIES
4. New system of immediate payment of
1. Who may file action
initial just compensation
2. Requisites of action for declaratory relief
5. Defenses and objections
3. When court may refuse to make judicial
6. Order of expropriation
declaration
7. Ascertainment of just compensation
4. Conversion to ordinary action 8. Appointment of commissioners;
5. Proceedings considered as similar commissioner's report; court action upon
remedies commissioner's report
a. Reformation of an instrument 9. Rights of plaintiff upon judgment and
b. Consolidation of ownership payment
c. Quieting of title to real property 10. Effect of recording of judgment
F. REVIEW OF JUDGMENTS AND FINAL J. FORECLOSURE OF REAL ESTATE
ORDERS OR RESOLUTIONS OF THE MORTGAGE
COMELEC AND COA 1. Kinds of foreclosure
1. Distinctions in the application of Rule 65 to a. Judicial foreclosure
judgments of the Commission on Elections b. Extrajudicial foreclosure
and Commission on Audit and the
2. Need for special power of attorney
application of Rule 65 to other tribunals,
3. Authority to foreclose extrajudicially
persons and officers
4. Procedure
G. CERTIORARI, PROHIBITION, AND
a. Where to file
MANDAMUS
b. Where to sell
1. Definitions and distinctions
c. Posting requirement
2. Requisites
d. Publication requirement
3. When petition for certiorari, prohibition and
i. Sufficiency of newspaper
mandamus is proper publication
4. Injunctive relief ii. Need for republication in case of
5. Distinguish: certiorari, appeal by certiorari, postponement
and Article VIII, Section 1 of the iii. Personal notice to the mortgagor
Constitution when and when not needed
6. Distinguish: prohibition, mandamus, and 5. Possession by purchaser of foreclosed
injunction property
7. When and where to file petition
6. Remedy of debtor if foreclosure is not
8. Exceptions to filing of motion for
proper
reconsideration before filing petition
7. Redemption
9. Reliefs petitioner is entitled to a. Who may redeem
10. Acts or omissions of first-level/Regional b. Amount of redemption price
Trial Courts in election cases
c. Period for redemption
11. Where to file petition
12. Effects of filing of an unmeritorious petition
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d. Effect of pendency of action for A. NATURE OF SPECIAL CIVIL ACTIONS

annulment of sale
8. Writ of possession Being a civil action, a special civil action is one by
a. Ministerial duty of the court which a party sues another for the enforcement or
b. Enforcement against third parties protection of a right, or the prevention or redress
c. Pendency of action for annulment of of a wrong. (Rule 1, Sec. 3[a])
sale
K. PARTITION Both are governed by the rules for ordinary civil
1. Who may file complaint; who should be actions. However, the fact that an action is subject
made defendants
to special rules other than those applicable to
2. Matters to allege in the complaint for
ordinary civil actions is what gives a civil action its
partition
special character. (Id,).
3. Two stages in every action for partition
4. Order of partition and partition by
agreement As a general rule, however, the rules governing
5. Partition by commissioners; appointment ordinary civil actions shall apply in special civil
of commissioners, commissioner's report; actions insofar as they supplement or are not
court action upon commissioner's report inconsistent with the provisions governing the
6. Judgment and its effects latter actions. (Id.).
7. Partition of personal property
8. Prescription of action B. DISTINGUISH: ORDINARY CIVIL
9. When partition is not allowed ACTIONS AND SPECIAL CIVIL ACTIONS
L. FORCIBLE ENTRY AND UNLAWFUL
DETAINER ORDINARY CIVIL SPECIAL CIVIL
1. Definitions and distinction ACTIONS ACTIONS
2. Distinguish: forcible entry, unlawful Governed by rules for Generally governed
detainer, accion publiciana, and accion ordinary civil actions. by rules for ordinary
reivindicatoria civil actions but
3. Jurisdiction in accion publiciana and
subject to special
accion reivindicatoria
rules.
4. Who may institute the action and when;
Must be based on a Not necessarily based
against whom the action may be
maintained
cause of action on a cause of action,
5. Pleadings allowed meaning an act or as in certain special
6. Action on the complaint omission has violated civil actions:
7. When demand is necessary the rights of another. 1. Declaratory relief –
8. Preliminary injunction and preliminary no actual violation
mandatory injunction of rights;
9. Resolving defense of ownership 2. Interpleader – no
10. How to stay the immediate execution of interest in the
judgment subject matter.
11. Prohibited pleadings and motions May be filed initially in There are some
M. CONTEMPT either the MTC or RTC special civil actions
1. Kinds of contempt depending upon the which cannot be
2. Purpose and nature of each jurisdictional amount commenced in the
3. Remedy against direct contempt; penalty or the nature of the MTC, i.e. petitions for
4. Remedy against indirect contempt; penalty action. certiorari, prohibition
5. How contempt proceedings are and mandamus.
commenced
Ordinary civil actions Some special civil
6. Acts deemed punishable as indirect
are filed as actions are filed as
contempt
7. When imprisonment shall be imposed complaints. complaints, but others
8. Contempt against quasi-judicial bodies are filed as petitions.
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the parties with conflicting claims to litigate among

Special Civil Actions Initiated by a Complaint themselves. (Lui Enterprises v. Zuellig Pharma,
i. Interpleader (Rule 62); G.R. No. 193494, 2014)
ii. Expropriation (Rule 67);
iii. Foreclosure of REM (Rule 68); 1. REQUISITES FOR INTERPLEADER
iv. Partition (Rule 69); and
v. Forcible Entry and Unlawful Detainer (Rule 71). 1. There must be two or more claimants with
adverse or conflicting interests to a property
Special Civil Actions Initiated by a Petition in the custody or possession of the plaintiff;
i. Declaratory Relief (Rule 63); 2. The plaintiff in an action for interpleader has
ii. Review of Adjudication of COMELEC/COA no claim upon the subject matter of the
(Rule 64); adverse claims or if he has an interest at all,
iii. Certiorari (Rule 65); such interest is not disputed by the claimants;
iv. Prohibition (Rule 65); 3. The subject matter of the adverse claims must
v. Mandamus (Rule 65); be one and the same. (Rule 62, Sec. 1).
vi. Quo Warranto (Rule 66);
vii. Contempt (Rule 71). Who May File the Complaint for Interpleader
The person against whom the conflicting claims
Special Civil Actions With Two Stages are made. (Id.).
1. Expropriation; and
2. Partition. Examples
1. Warehouseman – must have custody of goods
C. JURISDICTION AND VENUE claimed to be owned by two or more persons
who do not have the same interest;
See above table in Part II. JURISDICTION. 2. Insurer – when confronted by conflicting claims
on the proceeds of an insurance policy
D. INTERPLEADER 3. Lessee – may be filed by a lessee against
those who have conflicting claims over the rent
Nature of Interpleader due for the property leased; or
An interpleader is a remedy whereby a person who 4. Debtor – when confronted by two or more
has property whether personal or real, in his persons who do not present the same interest
possession, or an obligation to render wholly or and are claiming the right to collect
partially, without claiming any right in both, or
claims an interest which in whole or in part is not 2. WHEN TO FILE
disputed by the conflicting claimants, comes to
court and asks that the persons who claim said When To File The Complaint
property or who consider themselves entitled to General Rule: Within a reasonable time after a
demand compliance with the obligation, be dispute has arisen without waiting to be sued by
required to litigate among themselves, in order to either of the contending claimants.
determine finally who is entitled to one or the other
thing. (Ocampo v. Tirona, G.R. No. 147812, 2005) The stakeholder should use reasonable diligence
to bring the contending claimants to court—that is,
Purpose of Remedy by filing the interpleader suit within a reasonable
An interpleader complaint may be filed by a lessee time after a dispute has arisen without waiting to
against those who have conflicting claims over the be sued by either of the contending parties.
rent due for the property leased. This remedy is for Otherwise, he may be barred by laches or undue
the lessee to protect himself or herself from delay. (Wack Wack Golf and Country Club v. Won,
“double vexation in respect of one liability. He or G.R. No. L-23851, 1976).
she may file the interpleader case to extinguish his
or her obligation to pay rent, remove him or her A stakeholder’s action of interpleader is too late
from the adverse claimants’ dispute, and compel when filed after judgment has been rendered
Page 274 of 711

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against him in favor of one of the contending

claimants, especially where he had notice of the Other Pleadings That May be Filed in an
conflicting claims prior to the rendition of the Interpleader
judgment and neglected the opportunity to implead i. Counterclaims (PDIC v. CA, G.R. No. 126911,
the adverse claimants in the suit where judgment 2003);
was entered. (Id.) ii. Cross-claims;
iii. Third-party complaints; and
Exception: Where the stakeholder acts with iv. Responsive pleadings thereto as provided in
reasonable diligence in view of environmental the Rules (Arreza v. Diaz, Jr., G.R. No. 133113,
circumstances, the remedy is not barred. (Id.) 2001).
Alternatively: If an action has been filed, in lieu of When Court Shall Determine and Adjudicate
an interpleader, one can file an answer with Claims
allegations of conflicting claims and a third-party The court shall proceed to determine their
complaint impleading the other party. respective rights and adjudicate their claims after
the pleadings of the conflicting claimants have
Order to Interplead been filed and pre-trial has been conducted. (Sec.
Upon the filing of the complaint, an order requiring 6, Rule 62)
the conflicting claimants to interplead with one
another shall be issued. (Sec. 2, Rule 62) Lien Upon the Subject Matter
General Rule: The following shall constitute a lien
If the interests of justice so require, the court may or charge upon the subject matter:
direct in the said order that the subject matter be 1. Docket and other lawful fees paid by the party
paid or delivered to the court. (Id.) who filed the complaint for interpleader; and
2. Costs and litigation expenses (Sec. 7, Rule 62)
Service of Summons
Summons shall be served upon the conflicting Exception: Unless otherwise ordered by the
claimants together with: court. (Id.)
1. A copy of the complaint, and
2. The order. (Sec. 3, Rule 62) E. DECLARATORY RELIEF AND SIMILAR
REMEDIES
Answer and Other Pleadings
Each claimant shall file his answer setting forth his Declaratory Relief
claim within fifteen (15) days from service of the The purpose of the action is to secure an
summons upon him, serving a copy thereof upon authoritative statement of the rights and
each of the other conflicting claimants who may file obligations of the parties under a statute, deed,
their reply thereto as provided by these Rules. contract, etc., for their guidance in its enforcement
or compliance and not to settle issues arising from
If any claimant fails to plead within the time herein its alleged breach. (Tambunting, Jr., v. Sps.
fixed, the court may, on motion, declare him in Sumabat, G.R. No. 144101, 2005)
default and thereafter render judgment barring him
from any claim in respect to the subject matter.
1. WHO MAY FILE THE ACTION
(Sec. 5, Rule 62; Lui Enterprises, Inc. v. Zuellig
Persons Interested in the Following Subject
Pharma Corp., G.R. No. 193494, 2014) Matters May File a Petition
3. DISMISSAL a. If the subject matter is a deed, will, contract or
other written instrument, any person interested
Motion to Dismiss in the same may file the petition; or
Within the time for filing an answer (30 days), each b. If the subject matter is a statute, executive
claimant may file a motion to dismiss. (Sec. 4, Rule order or regulation, ordinance, or any other
62) governmental regulation, any person whose
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rights are affected by the same may file the instrument, statute, executive order or
petition. (Sec. 1, Rule 63) regulation, or ordinance;
2. The terms of said documents and the validity
The enumeration of the subject matter is thereof are doubtful and require judicial
exclusive. (Mangahas v. Paredes, G.R. No. construction;
157866, 2007) 3. There must have been no breach of the
documents in question;
Who Shall Be Impleaded As Parties 4. There must be an actual justiciable controversy
All persons who have or claim any interest, which or the ripening seeds of one between persons
would be affected by the declaration shall be made whose interests are adverse;
parties. (Sec. 2, Rule 63) 5. The issue must be ripe for judicial
determination; and
No declaration shall, except as otherwise provided 6. Adequate relief is not available through other
in these Rules, prejudice the rights of persons not means or other forms of action or proceeding.
parties to the action. (Id.) (Almeda v. Bathala Marketing, G.R. No.
150806, 2008)
Rule 63, Section 2 contemplates a situation where
there are other persons who would be affected by No Actual Breach of Instrument
the declaration, but were not impleaded as An action for declaratory relief presupposes that
necessary parties, in which case the declaration there has been no actual breach of the instruments
shall not prejudice them. The non-joinder of involved or of the rights arising thereunder. It may
necessary parties is not a jurisdictional defect. It be entertained before the breach or violation of the
may be a ground for dismissal under Rule 63, Sec. statute, deed or contract to which it refers. It is a
5. (Baguio Citizens Action Inc. v. The City Council form of action that will set controversies at rest
of Baguio, G.R. No. L-27247, 1983). before they lead to a repudiation of obligations, an
invasion of rights, and a commission of wrongs.
The following shall also be notified and entitled to (Aquino vs. Municipality of Malay, Aklan,, G.R. No.
be heard: 211356, 2014)
1. Solicitor General
a. Where the action involves the validity of a Actual Justiciable Controversy
statute, executive order or regulation, or any A justiciable controversy refers to an existing case
other governmental regulation (Sec. 3, Rule or controversy that is appropriate or ripe for judicial
63); or determination, not one that is conjectural or merely
b. Where the unconstitutionality of a local gov’t anticipatory. (Velarde v. SJS, G.R. No. 159357,
ordinance is alleged (Sec. 4, Rule 63) 2004)
2. Local government unit prosecutor or attorney,
where the action involves the validity of a local It is one which is definite and concrete, touching
government ordinance. (Sec. 4, Rule 63). on all the legal relations of parties having adverse
legal interests. (Imbong v. Ochoa, G.R. No.
A notary public who is not a party to the contract is 204819, 2014)
not entitled to file declaratory relief. None of his
rights or duties thereunder need be declared. It must be a real and substantial controversy
(Tadeo v. Prov. Fiscal of Pangasinan, G.R. No. L- admitting of a specific relief through a decree of
16474, 1962). conclusive character. (Province of North Cotabato
v. GRP Peace Panel on Ancestral Domain, G.R.
2. REQUISITES OF AN ACTION FOR No. 183591, 2008).
DECLARATORY RELIEF
Requisites under Jurisprudence

1. The subject matter of the controversy must be
a deed, will, contract or other written
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Ripeness of Issue vi. Those determinative of the issues rather than

a. When litigation is inevitable; or the construction of definite status, right or
b. When administrative remedies have been relation;
exhausted. (Bryan Telecommunications v. vii. Where the terms of the assailed ordinance are
Republic, G.R. No. 161140, 2007) not ambiguous or of doubtful meaning;
viii. Where the contract or statute subject of
Under the facts of the case, there is a threatened the case had already been breached; (SJS v.
litigation in the immediate future, which litigation is Lina, G.R. No. 160031, 2008);
imminent and inevitable unless prevented by the ix. When the purpose of the action is merely to
declaratory relief sought. (Tolentino v. Board of seek an advisory opinion from the court on a
Accountancy, G.R. No. L-3062, 1951) moot question. (RIANO, 2016 ed.).
3. WHEN COURT MAY REFUSE TO MAKE 4. CONVERSION TO ORDINARY ACTION

JUDICIAL DECLARATION
If before the final termination of the case, a breach
General Rule: The Court has the discretion, motu or violation of an instrument or a statute, executive
proprio or upon motion, to refuse to grant a order or regulation, ordinance, or any other
declaratory relief when: governmental regulation should take place, the
a. The decision would not terminate the action may thereupon be converted into an
uncertainty or controversy which gave rise to ordinary action, and the parties shall be allowed to
the action; or file such pleadings as may be necessary or proper.
b. The declaration or construction is not (Sec. 6, Rule 63)
necessary and proper under the
circumstances. (Sec. 5, Rule 63) An action for declaratory relief presupposes that
there has been no actual breach of the instruments
Exception: If the action is for reformation of involved or of the rights arising thereunder. It may
instruments, consolidation of ownership, and be entertained before the breach or violation of the
quieting of title – the court must decide the case. statute, deed or contract to which it refers. It is a
(Sec. 1, Rule 63) form of action that will set controversies at rest
before they lead to a repudiation of obligations, an
Other Instances When the Action for invasion of rights, and a commission of wrongs.
Declaratory Relief Will Not Lie: (Aquino v. Municipality of Malay, Aklan, G.R. No.
i. Action to obtain a judicial declaration of 211356, 2014)
citizenship (no real controversy; other
remedies available) (Lim v. Republic, G.R. No. The law does not require that there shall be an
L-30424, 1971); actual pending case. It is sufficient that there is a
ii. Action to establish illegitimate filiation and breach of the law, an actionable violation to bar a
actions to determine hereditary rights (lack of complaint for declaratory relief. (Borja v. Villadolid,
actual existing legal right – hereditary rights are G.R. No. L-1897, 1949)
inchoate since the parent in question is still
alive) (Edades v. Edades, G.R. No. L-8964, Third Party Complaint Not Allowed
1956); In a third party-complaint, the third-party plaintiff is
iii. Court decisions (not among subject matters supposed to seek contribution, indemnity,
listed; violates res judicata; see Tanda v. Alday, subrogation, or any other relief from the third-party
G.R. Nos. L-9322-23, 1956); defendant in respect of the claim of the plaintiff
iv. Decisions of quasi-judicial agencies (for the against him. This relief cannot be granted because
same reason as court decisions) (Monetary in a declaratory relief proceeding, the court is
Board v. Philippine Veterans Bank, G.R. No. confined merely to the interpretation of the terms
189571, 2015); of a contract. (Commissioner of Customs v.
v. Action to resolve a political question; Cloribel, G.R. No. L-21036, 1977)
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Writ of Execution Not Allowed F. REVIEW OF JUDGMENTS AND FINAL

The judgment does not entail an executory ORDERS OR RESOLUTIONS OF THE
process since generally, other than a declaration COMELEC AND COA
of such rights and duties, as these are understood
in ordinary civil actions, are not sought by the Scope
proponent. However, the court can grant such The Rule shall govern the review of judgments and
other affirmative relief as may be warranted by the final orders or resolutions of the Commission on
evidence if the complaint is sufficient to make out Elections (COMELEC) en banc and the
a case for specific performance or recovery of Commission on Audit (COA). (Sec. 1, Rule 64)
property with claims for damages and the
defendants did not raise such issue in the trial The judgments, final orders, or resolutions must be
court to challenge the remedy availed of. (Adlawan issued in the exercise of adjudicatory power or
v. IAC, G.R. No. 73022, 1989) quasi-judicial power of the:
5. PROCEEDINGS CONSIDERED AS COMELEC (Ibrahim v. COMELEC, G.R. No.

SIMILAR REMEDIES. 192289, 2013).
Reformation of an Instrument
Rule 64 does not cover rulings of the
An action for reformation is not an action brought
COMELEC in the exercise of its administrative
to reform a contract, but to reform the instrument
powers (Querubin, et al. v. COMELEC, G.R.
evidencing the contract. (New Civil Code, Art.
No. 218787, 2015).
1359)
Note: Review is only of judgments, final orders
Consolidation of Ownership
or resolutions of the COMELEC en banc. (Sec.
The action brought to consolidate ownership is not 2, Rule 64)
for the purpose of consolidating the ownership of
the property in the person of the vendee or buyer
A letter and notice that are mere issuances
but for the registration of the property. (Cruz v.
issued by the COMELEC are not subject to
Leis, G.R. No. 125233, 2000; New Civil Code, Art.
review by the Supreme Court, as the power of
1607)
the Court to review the decisions of the
COMELEC is limited only to final decisions,
Quieting of Title to Real Property
rulings and orders of the COMELEC en banc
An action to quiet title to real property is for the
rendered in the exercise of its adjudicatory or
removal or prevention of a cloud of title to real quasi-judicial power. (Diocese of Bacolod v
property or any interest by reason of any COMELEC, G.R. No. 205728, 2015)
instrument, record, claim, encumbrance or
proceeding which is apparently valid or effective COA (Dela Llana v. COA, G.R. No. 180989,
but is in truth and in fact invalid, ineffective, 2012)
voidable or unenforceable and may be prejudicial
to said title. (New Civil Code, Art. 476)
Decisions and orders of the COA are
reviewable by the court via a petition for
Jurisdiction over actions to quiet title to real
certiorari. However, these refer to decisions
property depends on the amount or value of the
and orders which were rendered by the COA in
property.
its quasi-judicial capacity. Promulgations of the
COA, under its quasi-legislative or rule-making
Note: In Actions Similar to Declaratory Relief, the
power, is not reviewable by certiorari. (Id.)
court is bound to render judgment. In petitions for
declaratory relief, the court may refuse to exercise
As a rule, public funds may not be disbursed
the power to declare rights and to construe
absent an appropriation of law or other specific
instruments. (Sec. 5, Rule 63)
statutory authority. Commonwealth Act No.
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327, as amended by Presidential Decree No. 1. DISTINCTION IN THE APPLICATION OF

1445, requires that all money claims against RULE 65 AS TO JUDGMENTS OF THE
government must first be filed before the COMELEC AND COA AND THE
Commission on Audit, which, in turn, must act APPLICATION OF RULE 65 TO OTHER
upon them within 60 days. Only when the TRIBUNALS, PERSONS, AND OFFICERS
Commission on Audit rejects the claim can the
claimant elevate the matter to this Court on
RULE 64 RULE 65
certiorari and, in effect, sue the state. (Roxas v.
Republic Real Estate Corp., G.R. Nos. 208205 Applies to final orders, May be used against
& 208212, 2016) judgments or interlocutory orders of
resolutions. COA/COMELEC.
Constitutional Basis: Unless otherwise
provided by this Constitution or by law, any Directed against Directed against a
decision, order or ruling of each Commission COMELEC en banc tribunal, board, or
may be brought to the Supreme Court on and COA. officer exercising
certiorari by the aggrieved party within 30 days judicial or quasi-judicial
from receipt of a copy thereof. (Phil. Const. art. functions.
IX-A, Sec. 7).
Must be filed within 30 Must be filed within 60
Note: Rule 64 does not apply to the CSC days from notice of days from notice of
because of R.A. No. 7902 – the CA has judgment or resolution. judgment or resolution.
reviewing power over the CSC. (see Rule 43, If a motion for If MR or MNT were
Sec. 3). reconsideration (MR) denied, the aggrieved
or motion for new trial party will have another
Application of Rule 65 Under Rule 64 (MNT) were denied, 60 days within which to
The aggrieved party may bring a judgment or final the aggrieved party file the petition (fresh
order or resolution of the COMELEC en banc and may file the petition 60-day period).
COA to the SC on certiorari under Rule 65 and not within the remaining
on appeal by certiorari under Rule 45. (Sec. 2, period, but which shall
Rule 64) not be less than 5 days
in any case.
This refers to Rule 65 as an independent civil
action, and not as a mode of appeal. All annexes must be Only the order assailed
certified. must be certified.
The phrase “except as hereinafter provided”
specifies that any petition for certiorari filed under Time to File Petition
this rule (Rule 64) follows the same requisites as The petition shall be filed within 30 days from
those of Rule 65 except for certain provisions notice of the judgment, final order, or resolution.
found only in Rule 64, such as the time given to file (Phil. Const. art. IX, § 7)
the petition. (The Law Firm of Laguesma,
Magsalin, Consulta and Gastardo v. COA, G.R. The filing of a motion for new trial or
No. 185544, 2015) reconsideration, if allowed under the procedural
rules of the COMELEC and COA, interrupts the
period.
If the motion is denied, petition may be filed within

the remaining period or within 5 DAYS from notice
of denial, whichever is longer. (Sec. 3, Rule 64).
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Note: The fresh period rule (“Neypes rule”) is not

applicable. (Lokin v. COMELEC, G.R. No. 193808,
2012). Order to Comment
If the petition is sufficient in form and substance,
Rule on Motion for Reconsideration as Pre- the respondents shall be ordered to file their
Requisite comments within 10 days from notice thereof.
General Rule: The prerequisite filing of a Motion (Sec. 6, Rule 64)
for Reconsideration with the COMELEC en banc
is mandatory before said final en banc decision Outright Dismissal of Petition:
may be brought to the Supreme Court on a. If the complaint is insufficient in form and
Certiorari. (Ambil Jr. v. COMELEC, G.R. No. substance
143398, 2000) b. If the complaint was filed manifestly for delay
c. If the questions raised are too unsubstantial to
Failure to file a motion for reconsideration results warrant further proceedings (Sec. 6, Rule 64)
in the dismissal of the petition.
Effect of Filing of Petition
Exceptions: General Rule: The filing of a petition for certiorari
a. To prevent a miscarriage of justice; shall not stay the execution of the judgment or final
b. Need for relief is extremely urgent and order or resolution sought to be reviewed.
certiorari is the only adequate remedy;
c. The decision or resolution is a nullity; Exception: When the Supreme Court directs
d. When the issue involves the principle of social otherwise upon such terms as it may deem just.
justice of the protection of labor. (ABS-CBN v. (Sec. 8, Rule 64)
COMELEC, G.R. No. 133486, 2000)
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G. CERTIORARI, PROHIBITION, AND MANDAMUS
1. DEFINITIONS AND DISTINCTIONS
Certiorari, Prohibition and Mandamus - Defined and Distinguished:

CERTIORARI PROHIBITION MANDAMUS
To Whom It is Directed Against
Directed against an entity or Directed against an entity or Directed against an entity or

person exercising judicial or person exercising judicial, quasi- person exercising ministerial
quasi-judicial functions. judicial, or ministerial functions. functions.
Grounds
Entity or person is alleged to have Entity or person is alleged to be Entity or person is alleged to
acted: acting or threatening to act: have:
a. Without jurisdiction; a. Without jurisdiction; a. Neglected a ministerial duty;
b. In excess of jurisdiction; or b. In excess of jurisdiction; or or
c. With grave abuse of discretion c. With grave abuse of discretion b. Excluded another from a right
amounting to lack or excess of amounting to lack or excess of or office.
jurisdiction. jurisdiction.
Purpose
To annul or nullify a proceeding. To have the respondent desist To have the respondent do the
from further proceeding; from act required as a duty; and pay
exercising jurisdiction/ power. damages.
Coverage
Covers discretionary acts. Covers discretionary and Covers ministerial acts.

ministerial acts.
Nature of Remedy
Corrective remedy: To correct a Negative and preventive Affirmative or Positive: If the

lack of or usurpation of remedy: To restrain or prevent performance of a duty is ordered.
jurisdiction. usurpation of jurisdiction.
Negative: If desistance from
excluding another from a right or
office is ordered.
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Certiorari and Appeal by Certiorari - Distinguished:

CERTIORARI AS A MODE OF APPEAL CERTIORARI AS A SPECIAL CIVIL ACTION
(RULE 45) (RULE 65)
A continuation of the appellate process over the An original action and not a mode of appeal.
original case.
Seeks to review final judgments or final orders. May be directed against an interlocutory order of
the court or where no appeal or plain, speedy and
adequate remedy is available in the ordinary course
of law.
Raises only questions of law (if directly from RTC), Raises questions of jurisdiction — that is, whether
or law, fact or both (if from other courts). a tribunal, board or officer exercising judicial or
quasi-judicial functions has acted without
jurisdiction or in excess of jurisdiction or with grave
abuse of discretion amounting to lack of jurisdiction.
Filed within 15 days from notice of judgment or final Filed within 60 days from notice of judgment, order
order appealed from, or of the denial of petitioner’s or resolution sought to be assailed and in case a
motion for reconsideration or new trial. motion for reconsideration or new trial is timely filed,
the 60-day period is to be counted from notice of
denial of said motion.
Extension of 30 days may be granted for justifiable Extension is allowed only in exceptional and
reasons. meritorious cases.
Does not require a prior motion for reconsideration. Motion for reconsideration is a condition precedent,
subject to exceptions.
Stays the judgment appealed from. Does not stay the judgment or order subject of the
petition, unless enjoined or restrained.
Parties are the original parties with the appealing The tribunal, board, officer exercising judicial or
party as the petitioner and the adverse party as the quasi-judicial functions is impleaded as primary
respondent without impleading the lower court or its respondent; with adverse party in the lower court (if
judge. any) as the private respondent.
Filed only with SC. May be filed with SC, CA, Sandiganbayan, or RTC
(observe hierarchy of courts).
SC may deny the decision motu propio on the The court may dismiss the petition if it finds the
ground that the appeal is without merit, or is same patently without merit or prosecuted
prosecuted manifestly for delay, or that the manifestly for delay, or if the questions raised
questions raised therein are too unsubstantial to therein are too unsubstantial to require
require consideration. consideration. In such event, the court may award
in favor of the respondent treble costs solidarily
against the petitioner and counsel, in addition to
subjecting counsel to administrative sanctions
under Rules 139 and 139-B of the Rules of Court.
The Court may impose motu proprio, based on res

ipsa loquitur, other disciplinary sanctions or
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CERTIORARI AS A MODE OF APPEAL CERTIORARI AS A SPECIAL CIVIL ACTION

(RULE 45) (RULE 65)
measures on erring lawyers for patently dilatory and

unmeritorious Petitions for Certiorari.
X
Liberal Construction: When a Rule 45 Petition Requisites for Mandamus
is Considered a Rule 65 Petition, and Vice- 1. There must be a clear legal right or duty;
Versa 2. Respondent must be exercising a ministerial
The Court has treated a petition for certiorari under duty — a duty which is absolute and imperative,
Rule 65 as petition for review on certiorari under and involves merely its execution;
Rule 45 particularly 3. Respondent unlawfully neglects the
1. If the petition for certiorari was filed within the performance of its duty or unlawfully excludes
reglementary period within which to file a another from the use and enjoyment of a right
petition for review on certiorari; or office to which such other is entitled; and
2. When errors of judgment are averred; 4. No appeal or other plain, speedy, and
3. When there is sufficient reason to justify the adequate remedy in the ordinary course of law.
relaxation of the rules as when there is a (De Castro v. JBC, G.R. No. 191002, 2010)
significant issue of jurisdiction; and
4. When all requisites are present (RIANO (2016), NOTE: All petitions must be accompanied with a
pp. 230-231; City of Manila v. Grecia-Cuerdo, certified true copy of the judgment or order subject
G.R. No. 175723, 2014) thereof. It must be an authenticated original
thereof and not a mere photocopy that must be
2. REQUISITES attached to the petition filed. (REGALADO, 2008
ed.)
RUNDOWN OF REQUISITES FOR
CERTIORARI, PROHIBITION, AND COMMON REQUISITES FOR CERTIORARI,
MANDAMUS PROHIBITION, AND MANDAMUS
Requisites for Certiorari Aggrieved Party

1. Tribunal, board, or officer exercises judicial or The term "person aggrieved" is not to be construed
quasi-judicial functions; to mean that any person who feels injured by the
2. Tribunal, board, or officer has acted without or lower court's order or decision can question the
in excess of jurisdiction or with grave abuse of said court's disposition via certiorari.
discretion; and
3. There is no appeal or any plain, speedy, and In a situation wherein the order or decision being
adequate remedy in the ordinary course of law. questioned underwent adversarial proceedings
(Rosales v. ERC, G.R. No. 201852, 2016) before a trial court, the "person aggrieved" referred
to under Section 1 of Rule 65 who can avail of the
Requisites for Prohibition special civil action of certiorari pertains to one who
1. Respondent inferior court, tribunal, corporation, was a party in the proceedings before the lower
board, officer, or other person is exercising court. (Siguion Reyna Montecillo and Ongsiako
judicial, quasi-judicial, or ministerial functions; Law Offices v. No. Chionlo-Sia, G.R. No. 181186,
2. Respondent acted without or in excess of 2016).
jurisdiction, or acted with grave abuse of
discretion; and
3. There must be no appeal or other plain,
speedy, and adequate remedy. (Carlito Montes
v. CA, G.R. No. 143797, 2006)
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Judicial or Quasi-Judicial Functions legal authority, without v. Banco Filipino

General Rule: Respondent tribunal, board, or regard to or the Savings & Mortgage
officer is performing judicial or quasi-judicial exercise of his own Bank, G.R. No.
functions judgment upon the 157600, 2008).
propriety or
The exercise of judicial function consists of the impropriety done.
power to determine what the law is and what the
legal rights of the parties are, and then to Jurisdictional Errors
adjudicate upon the rights of the parties. a. Without jurisdiction – Respondent does not
have the legal power to determine the case
The term quasi-judicial function applies to the (Sps. Dacudao v. SOJ, G.R. No. 186056,
action and discretion of public administrative 2013).
officers or bodies that are required to investigate b. Excess of jurisdiction – Respondent, being
facts or ascertain the existence of facts, hold clothed with the power to determine the case,
hearings, and draw conclusions from them as a oversteps his authority as determined by law.
basis for their official action and to exercise c. Grave abuse of discretion – generally refers
discretion of a judicial nature. (Ongsuco v. Hon. to a "capricious or whimsical exercise of
Malones, G.R. No. 182065, 2009) judgment as is equivalent to lack of
jurisdiction." The abuse of discretion must be
Issuance by BSP-Monetary Board of CB Circulars patent and gross so as to amount to an evasion
is done in the exercise of an executive function of a positive duty or a virtual refusal to perform
and thus may not be the subject of certiorari a duty enjoined by law, or to act at all in
petition. (Advocates for Truth in Lending v. BSP contemplation of law. (Atty. Allan Hilbero v.
Monetary Board, G.R. No. 192986, 2013) Florencia Morales, Jr., G.R. No. 198760,
2017).
The Secretary of Finance in issuing Revenue
Regulations based on SEC. 244 of the NRIC is in No Appeal, Plain, Speedy and Adequate
the exercise of quasi-legislative functions, hence Remedy
outside the scope of certiorari. (Clark Investors It is the inadequacy, and not the mere absence of
Association v. Secretary of Finance, G.R. No. all other legal remedies and the failure of justice
200670, 2015) without the writ, that must usually determine the
propriety of certiorari or prohibition. A remedy is
Exception: However, with respect to the SC, plain, speedy, and adequate if it will promptly
certiorari and prohibition may be issued to correct relieve the petitioner from the injurious effects of
errors of jurisdiction by a person or body even if the judgment, order, or resolution of the lower
not exercising judicial, quasi-judicial, or ministerial court of agency. (Morales v. CA, G.R. Nos.
functions where the matter is of “transcendental 217126-27, 2015).
importance to the nation.” (Villanueva v. JBC, G.R.
No. 211833, 2015) Certiorari is a remedy of last resort. It is not
available if the party still has another speedy and
Ministerial Acts / Functions vs. Discretionary adequate remedy (such as appeal) available.
Acts / Functions (Tolentino v. COMELEC, G.R. Nos. 218536,
MINISTERIAL ACTS DISCRETIONARY 2016).
/ FUNCTIONS ACTS / FUNCTIONS
One which an officer The law imposes a An adequate remedy has been defined as a
or tribunal performs in duty upon a public remedy which is equally beneficial, speedy and
a given state of facts, officer and gives him sufficient, not merely a remedy which at some time
in a prescribed the right to decide how in the future will bring about a revival of the
manner, in obedience or when the duty shall judgment of the lower court complained of in the
to the mandate of a be performed. (Mallari certiorari proceeding, but a remedy which will
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promptly relieve the petitioner from the injurious from Debt Coalition v. MWSS, G.R. No. 173004,
effects of that judgment and the acts of the inferior 2007)
court or tribunal. (PSALM v. Maunlad Homes, Gr
No. 215933, 8 Februrary 2017). When the remedy by appeal had already been lost
due to the petitioner’s own neglect or error in the
3. WHEN PETITION FOR CERTIORARI, choice of remedies, certiorari cannot lie. The two
PROHIBITION OR MANDAMUS IS PROPER remedies are mutually exclusive. (MERALCO v.
CA, G.R. No. 88396, 1990).
Preliminary Considerations
The hierarchy of courts should serve as a Exceptions:
general determinant of the appropriate forum for Even when appeal is available and is the proper
Rule 65 petitions. The concurrence of jurisdiction remedy, SC has allowed a writ of certiorari:
among the Supreme Court, Court of Appeals and a. Where the appeal does not constitute a speedy
the Regional Trial Courts to issue writs of and adequate remedy;
certiorari, prohibition, mandamus, quo warranto, b. Where the orders were also issued either in
habeas corpus and injunction does not give the excess of or without jurisdiction;
petitioners the unrestricted freedom of choice of c. For certain special considerations, as public
forum. (Kalipunan ng Damayang Mahihirap, Inc. v. welfare or public policy;
Robredo, G.R. No. 200903, 2014) d. Where, in criminal actions, the court rejects
rebuttal evidence for the prosecution as, in
In order to properly proceed against the case of acquittal, there could be no remedy;
respondent, an aggrieved party [under Rule 65] e. Where the order is a patent nullity; and
must choose the proper remedy. The choice f. Where the decision in the certiorari case will
depends on which function – quasi-judicial, quasi- avoid future litigations. (REGALADO, 2008 ed.)
legislative, and administrative – the respondent
has discharged in doing the assailed action. Even when the period for appeal has lapsed, SC
(Capalla v. COMELEC, G.R. No. 201112, 2012, has allowed a writ of certiorari:
Bersamin, J., concurring) a. When appeal is lost without the appellants’
negligence;
Certiorari, Prohibition, or Mandamus as an b. When public welfare and the advancement of
Independent Action public policy dictates;
An application for certiorari is an independent c. When the broader interest of justice so
action which is not part or a continuation of the trial requires;
which resulted in the rendition of the judgment d. When the writs issued are null and void; and
complained of. Impliedly, a petition e. When the questioned order amounts to an
for certiorari pending before a higher court does oppressive exercise of judicial authority.
not necessarily become moot and academic by a (Sunbeam Convenience Foods v. CA, G.R. No.
continuation of the proceedings in the court of 50464, 1990)
origin. (Sps. Juan Diaz v. Jose Diaz, G.R. No.
135885, 2000). A Motion for Reconsideration is Required
Before Filing a Petition for Certiorari
CERTIORARI
General Rule: A motion for reconsideration is a
A petition for certiorari is proper when all the condition sine qua non for the filing of a petition for
requisites are complied with. certiorari. Its purpose is to grant an opportunity for
the court to correct any actual or perceived error
Certiorari Not Available When Appeal is attributed to it by re-examination of the legal and
Available factual circumstances of the case.
General Rule: Where appeal is available to the
aggrieved party, certiorari will not prosper, even if
the ground is grave abuse of discretion. (Freedom
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Exceptions: RTC ruled in favor of private respondents. Upon

a. Where the order is a patent nullity, as where the special civil action of certiorari, the CA
the court a quo has no jurisdiction; dismissed the petition on the ground of lack of
b. Where the questions raised in the certiorari jurisdiction. Petitioner filed another special civil
proceedings have been duly raised and passed action of certiorari assailing the CA’s resolution.
upon by the lower court, or are the same as Petitioner should have filed a petition for review
those raised and passed upon in the lower on certiorari under Rule 45, which is a continuation
court; of the appellate process over the original case.
c. Where there is an urgent necessity for the However, in accordance with the liberal spirit
resolution of the question and any further delay pervading the Rules of Court and in the interest of
would prejudice the interests of the government substantial justice, this Court has, before, treated
or of the petitioner or the subject matter of the a petition for certiorari as a petition for review on
action is perishable; certiorari, particularly:
d. Where, under the circumstances, a motion for a. If the petition for certiorari was filed within the
reconsideration would be useless; reglementary period within which to file a
e. Where petitioner was deprived of due process petition for review on certiorari;
and there is extreme urgency for relief; b. When errors of judgment are averred; and
f. Where, in a criminal case, relief from an order c. When there is sufficient reason to justify the
of arrest is urgent and the granting of such relief relaxation of the rules. (The City of Manila v.
by the trial court is improbable; Hon. Grecia-Cuerdo, G.R. No. 175723, 2014)
g. Where the proceedings in the lower court are a
nullity for lack of due process; Small Claims – Certiorari Is Proper
h. Where the proceeding were ex parte or in Considering the final nature of a small claims case
which the petitioner had no opportunity to decision under Sec. 23 of the Rules of Procedure
object; or for Small Claims Cases, the remedy of appeal is
i. Where the issue raised is one purely of law or not allowed, and the prevailing party may, thus,
where public interest is involved. (Republic of immediately move for its execution. Nevertheless,
the Philippines v. Abdulwahab A. Bayao, G.R. the proscription on appeals in small claims cases,
No. 179492, 2013) similar to other proceedings where appeal is not
an available remedy, does not preclude the
Certiorari is Not a Proper Remedy to Appeal a aggrieved party from filing a petition for certiorari
Motion to Quash under Rule 65 of the Rules of Court. (A.L. Ang
General Rule: The proper action is to continue Network v. Mondejar, G.R. No. 200804, 2014)
with the trial and reiterate the special defenses
invoked in the motion to quash. Certiorari and Not Mandamus May be Issued
Exception: Certiorari is proper when there is Against the JBC
grave abuse of discretion. (Lazarte v. Although the JBC does not fall within the scope of
Sandiganbayan, G.R. No. 180122, 2009) a tribunal, board, or officer exercising judicial or
quasi-judicial functions, in the process of selecting
Certiorari is the Proper Remedy to Appeal a and screening applicants, the JBC neither acted in
Declaration of Presumptive Death any judicial or quasi-judicial capacity nor assumed
The Family Code was explicit that the court’s unto itself any performance of judicial or quasi-
judgment in summary proceedings, such as the judicial prerogative. However, since the
declaration of presumptive death of an absent formulation of guidelines and criteria, including the
spouse, shall be immediately final and executory. policy that the petitioner now assails, is necessary
An aggrieved party may, nevertheless, file a and incidental to the exercise of the JBC’s
petition for certiorari under Rule 65 to question any constitutional mandate, a determination must be
abuse of discretion amounting to lack or excess of made on whether the JBC has acted with grave
jurisdiction that transpired. (Republic v. Cantor, abuse of discretion amounting to lack or excess of
G.R. No. 184621, 2013) jurisdiction in issuing and enforcing the said policy.
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(Villanueva v. Judicial & Bar Council, G.R. No. of filing a motion to quash. (Aurillo v. Rabi, G.R.
211833, 2015) No. 120014, 2002);
c. Where the acts sought to be enjoined were
The writ of mandamus does not issue to control or performed after the injunction suit is brought.
review the exercise of discretion or to compel a (Versoza v. Martinez, G.R. No. 119511, 1998)
course of conduct, which, it quickly seems to us,
was what the petitioner would have the JBC do in When Prohibition Proper
his favor. The function of the JBC to select and Prohibition is the remedy where a motion to
recommend nominees for vacant judicial positions dismiss is improperly denied. (Enriquez v.
is discretionary, not ministerial. (Id.). Macadaeg, G.R. No. L-2422, 1949)
PROHIBITION MANDAMUS
Respondent in Prohibition Respondent in Mandamus

An inferior court, tribunal, corporation, board, An inferior court, tribunal, corporation, board,
officer, or other person, exercising officer, or other person neglecting the performance
a. Judicial; of an act which the law specifically enjoins as a
b. Quasi-judicial; or duty or unlawfully excluding another from the use
c. Ministerial functions. (Sec. 2, Rule 65) and enjoyment of a right or office to which the
petitioner is entitled. (Sec. 3, Rule 65).
When what is at contest is the power and authority
of a private organization, composed of several Nature and Purpose of Mandamus
members-organizations, which power and The writ of mandamus lies to enforce the
authority were vested to it by its own members, execution of an act, when, otherwise, justice would
prohibition will not lie. The definition and purpose be obstructed; and, regularly, issues only in cases
of a writ of prohibition excludes the use of the writ relating to the public and to the government;
against any person or group of persons acting in a hence, it is called a prerogative writ. To preserve
purely private capacity, and the writ will not be its prerogative character, mandamus is not used
issued against private individuals or corporations for the redress of private wrongs, but only in
so acting. (Destileria Limtuaco & Co. v. Advertising matters relating to the public. (Uy Kiao Eng. v.
Board of the Philippines, G.R. No. 164242, 2008) Nixon Lee, G.R. No. 176831, 2010).
Accomplished Facts / Fait Accompli Mandamus Proper When There is the

General rule: A petition for prohibition is intended Existence of a Clear Legal Right
to prohibit or prevent FUTURE acts done without A clear legal right is a right which is indubitably
authority or jurisdiction, and is not proper for acts granted by law or inferable as a matter of law. If
already accomplished. the right is clear and the case is meritorious,
Exceptions: objections raising merely technical questions will
Even when an act is already fait accompli, SC has be disregarded. But where the right sought to be
allowed a writ of prohibition: enforced is in substantial doubt or dispute,
a. Where it would prevent the creation of a new mandamus cannot issue. (Angeles v. Secretary of
province by those in the corridors of power who Justice, G.R. No. 142549, 2010)
could avoid judicial intervention and review by
merely speedily and stealthily completing the A Petition For Mandamus Was Considered
commission of such illegality. (Tan v. Comelec, Proper In The Following Instances:
G.R. No. 73155, 1986); a. To compel the Ombudsman to dismiss a case
b. Where it would provide a complete relief by not which was pending before him for 6 years,
only preventing what remains to be done but by which was considered a violation of the
undoing what has been done, such as constitutional duty to “promptly act on
terminating a preliminary investigation instead complaints file. (Angchangco v. Ombudsman,
G.R. No. 122728, 1997);
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b. To compel a judge to issue a writ of execution order or a writ of preliminary injunction has been
pending appeal of a decision in an ejectment issued, enjoining the public respondent from
case, where the defendant appellant failed to further proceeding with the case. (Sec. 7, Rule 65)
make the necessary deposits of rentals
pending appeal. (Vda. De Carbungco v. The public respondent shall proceed with the
Amparo, G.R. No. L-2245, 1949) principal case within 10 days from the filing of a
petition for certiorari with a higher court or tribunal,
Mandamus Not Proper in the Following Cases: absent a temporary restraining order or a
i. To enforce purely contractual obligations; preliminary injunction, or upon its expiration.
ii. When there is another speedy and adequate Failure of the public respondent to proceed with
remedy; the principal case may be a ground for an
iii. To compel a school to readmit students, and/or administrative charge. (Sec. 7, A.M. No. 07-7-12-
to confer academic honors, in violation of the SC)
school’s academic freedom. (University of San
Agustin v. CA, G.R. No. 100588; University of 5. DISTINGUISH: CERTIORARI, APPEAL BY
San Carlos v. CA, G.R. No. 79237 1988); CERTIORARI, AND ARTICLE VIII, SECTION
iv. To compel the performance of an act already 1 OF HE CONSTITUTION
done, such as to include one’s name in the list
of graduates and allow him to take part in the See above discussion on Certiorari vs. Appeal by
graduation exercises, as the same was moot Certiorari.
since the graduation ceremony had already
pushed through. (Cudia v. The Superintendent Certiorari and Prohibition are Appropriate
of the PMA, G.R. No. 211362, 2015) Remedies to Contest the Validity of Acts of
Any Branch or Agency of Government, Under
Mandamus May Not be Used to Compel Article VIII Section 1 of The Constitution
Discretionary Duties; Exception Judicial power includes duty of the courts to
General Rule: Mandamus is applicable to a determine whether or not there has been a grave
ministerial duty. abuse of discretion amounting to lack or excess of
Exception: As for discretionary duties, it can be jurisdiction on the part of any branch or
used to the extent of requiring performance of a instrumentality of the Government. (Ermita v.
discretionary duty to act but not to require Aldecoa-Delorino, G.R. No. 177130; 2011;
performance of such duty in a particular manner. Francisco v. Toll Regulatory Board, G.R. No.
(BF Homes v. NWRC, G.R. No. 78529, 1987) 166910, 2010)
Exceptions to the Exception: The respondent
6. DISTINGUISH: PROHIBITION,
can be ordered to act in a particular manner to
MANDAMUS, AND INJUNCTION
control discretion when there is:
a. Grave abuse of discretion; Injunction Distinguished from Prohibition and
b. Manifest injustice; or
Mandamus
c. Palpable excess of authority. (M.A. Jimenez
PREVENTIVE/PROHI
Enterprises v. Ombudsman, G.R. No. 155307,
BITORY PROHIBITION
2011)
INJUNCTION
4. INJUNCTIVE RELIEF An order requiring a A judgment
party litigant to refrain commanding a
The court in which the petition is filed may issue from a particular act. tribunal, corporation,
orders expediting the proceedings, and it may also board, officer, or
grant a temporary restraining order or a writ of person, whether
preliminary injunction for the preservation of the exercising judicial,
rights of the parties pending such proceedings. quasi-judicial or
The petition shall not interrupt the course of the ministerial functions,
principal case, unless a temporary restraining to desist from further
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proceeding in the Mandamus and Injunction Distinguished

action or matter MANDAMUS INJUNCTION
specified therein
because it acts Special civil action. Ordinary civil action.
without or in excess of
its or his jurisdiction or Directed against a Directed against a
with grave abuse of tribunal, corporation, litigant.
discretion amounting board, or officer.
to lack or excess of
Purpose is for the Purpose is to either
jurisdiction. (Sec. 2,
tribunal, corporation, compel the defendant
Rule 65)
board, or officer to to refrain from
Ordinary civil action; Special civil action;
perform a ministerial performing an act or to
may deal with factual refers to issues of
and legal duty. perform any act - not
or legal issues. jurisdiction only.
necessarily a legal and
Directed against a Directed against a
ministerial duty.
litigant. tribunal, corporation,
board, or officer.
7. WHEN AND WHERE TO FILE PETITION
MANDATORY When to file petition

PROHIBITION
INJUNCTION Within 60 days from notice of the assailed
An order requiring a A judgment judgment, order or resolution.
party litigant to commanding a
perform a particular tribunal, corporation, In case a motion for reconsideration or a motion
act in order to restore board, officer, or for a new trial is timely filed: within 60 days from
the last actual person, unlawfully notice of the denial of said motion. (Sec. 4, Rule
peaceable neglecting the 65)
uncontested status performance of an act
which preceded the which the law Where to File Petition
pending controversy. specifically enjoins as a. If the petition relates to the acts or omissions of
a duty resulting from a lower court, corporation, board, or officer or
an office, trust, or person: RTC exercising jurisdiction over the
station, or unlawfully territorial area as defined by the SC.
excluding another b. If the petition relates to the acts or omissions of
from the use and a quasi-judicial agency: Cognizable only by the
enjoyment of a right or CA;
office to which such c. To the Sandiganbayan or the Court of Appeals,
order is entitled to do whether or not in aid of the court’s appellate
the act required to be jurisdiction. (Id.)
done to protect the
rights of the petitioner. Note: R.A. 10660 provides that the
(Sec. 3, Rule 65) Sandiganbayan shall have exclusive original
Ordinary civil action; Special civil action; jurisdiction over petitions for the issuance of the
may deal with factual refers to issues of writs of mandamus, prohibition, certiorari, habeas
or legal issues. jurisdiction only. corpus, injunctions, and other ancillary writs and
Directed against a Directed against a processes in aid of its appellate jurisdiction and
litigant. tribunal, corporation, over petitions of similar nature, including quo
board, or officer. warranto, arising or that may arise in cases filed or
which may be filed under Executive Order Nos. 1,
2, 14 and 14-A, issued in 1986: Provided, that the
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jurisdiction over these petitions shall not be 9. RELIEFS PETITIONER IS ENTITLED TO

exclusive of the Supreme Court.
The primary reliefs available to petitioner are:
Hierarchy of Courts a. Petition of certiorari – That the judgment, order,
General Rule: The filing of a petition under Rule or resolution subject of the petition for certiorari
65 must follow the hierarchy of courts. Thus, direct be annulled or modified. (Sec. 1, Rule 65);
resort to the Supreme Court will not be b. Petition for prohibition – That the respondent
entertained. be ordered to desist from further proceedings
Exception: Unless the redress desired cannot be in the action or matter specified in the petition
obtained in the appropriate courts or where for prohibition. (Sec. 2, Rule 65); or
exceptional and compelling circumstances justify c. Petition for mandamus – That the respondent,
availment of a remedy within and calling for the immediately or at some other time to be
exercise of the Supreme Court’s primary specified by the court, do the act required to be
jurisdiction. (Santiago v. Vasquez, G.R. Nos. done to protect the petitioner’s rights, and to
99289-90, 1993) pay the damages sustained by the petitioner by
reason of the respondent’s wrongful acts (Sec.
8. EXCEPTIONS TO FILING OF MOTION 3, Rule 65)
FOR RECONSIDERATION BEFORE FILING
PETITION Common to certiorari, prohibition and mandamus
– The court may grant such incidental reliefs as
General Rule: A motion for reconsideration is a law and justice may require. It may also award
sine qua non requirement before filing a petition damages. (Sec. 9, Rule 65).
under Rule 65. (Romy’s Freight Service v. Castro,
G.R. No. 141637; Nuque v. Aquino, G.R. No. This may include provisional remedies, final
193058, 2015) injunctions, mandatory injunctions to return the
Exceptions: parties to the status quo, etc.
a. Where the order questioned is a patent nullity;
b. Where the questions raised in the certiorari 10. ACTIONS OR OMISSIONS OF FIRST-
proceeding have already been duly raised and LEVEL/REGIONAL TRIAL COURTS IN
passed upon by the lower court or are the same ELECTION CASES
as those raised and passed upon in the lower
court; In election cases involving an act or omission of
c. Where there is an urgent necessity for the the MTC or RTC, the petition for certiorari shall be
resolution of the question; filed exclusively with the COMELEC, in aid of its
d. Where an MR would be useless or is appellate jurisdiction. (Sec. 4, Rule 65)
prohibited;
e. Where petitioner is deprived of due process; 11. WHERE TO FILE PETITION
f. Where, in a criminal case, relief from an order
See above discussion on When and Where to File
of arrest is urgent and the granting of such relief
Petition.
by the trial court is improbable;
g. Where the issue raised is one purely of law or 12. EFFECTS OF FILING OF AN
where public interest is involved; UNMERITORIOUS PETITION
h. Where the proceedings in the lower court are a
nullity for lack of due process; The court may dismiss the petition for being
i. Where the proceeding was ex parte or in which unmeritorious—that is [PPQ]:
the petitioner had no opportunity to object; and a. It is patently without merit;
j. Where the subject matter of the action is b. It is prosecuted manifestly for delay; or
perishable. c. If the questions raised therein are too
unsubstantial to require consideration.
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In this case, the court may award treble costs in Who May Commence an Action for Quo
favor of the respondent solidarily against the Warranto
petitioner and counsel. It may also subject the A. The Solicitor General or a public prosecutor
counsel to administrative actions under Rules 139 [MANDATORY quo warranto];
and 139-B of the Rules of Court. a. Upon direction of the President;
b. Upon complaint; or
The Court may impose motu proprio, based on res c. When he has good reason to believe he can
ipsa loquitur, other disciplinary sanctions or establish a case on the grounds in Sec. 1
measures on erring lawyers for patently dilatory B. The Solicitor General or a public prosecutor at
and unmeritorious petitions for certiorari. (Sec. 8, the request and upon relation of another
Rule 65 as amended by A.M. No. 07-7-12-SC) person [ex relatione];
a. The petitioner must first obtain a leave of
court
b. The petitioner may also require an
indemnity bond to the relator
H. QUO WARRANTO C. A private person claiming to be entitled to the
usurped or unlawfully held office.
Quo Warranto
i. The petitioner will not need to secure
A petition for quo warranto is a proceeding to
intervention of the Solicitor General or a
determine the right of a person to the use or
fiscal;
exercise of a franchise or office and to oust the
ii. The action will be brought in his name.
holder from its enjoyment, if his claim is not well-
iii. Petitioner must be able to show or establish
founded, or if he has forfeited his right to enjoy the
that he has a clear right to the position, AND
privilege. Where the action is filed by a private
that the person holding the office is a mere
person, he must prove that he is entitled to the usurper. (Sec. 5, Rule 66)
controverted position; otherwise, respondent has
a right to the undisturbed possession of the office.
The action is brought against:
(Velasco v. Belmonte, G.R. No. 211140, 2016)
a. A person who usurps, intrudes into, or
unlawfully holds or exercises a public office,
Object of Quo Warranto
position or franchise;
1. Determine the right of a person to use or
b. A public officer who does or suffers an act
exercise of a franchise or office; and
which, by the provision of law, constitutes a
2. Oust the holder from its enjoyment, if his claim
ground for the forfeiture of his office; or
is not well-founded, or if he has forfeited his
c. An association which acts as a corporation
right to enjoy the office. (Tecson v. COMELEC,
within the Philippines without being legally
G.R. No. 161434, 2004)
incorporated or without lawful authority so to
act. (Sec. 1, Rule 66)
Nature of a Quo Warranto
1. It is a direct, not a collateral attack, on the Note: Rule 66 of the Rules of Court does not apply
matter assailed.
to quo warranto cases against persons who usurp
2. It is a proceeding against a public officer, not in
an office in a private corporation. (Calleja v.
his official capacity, because no official power
Panday, G.R. No. 168696, 2006)
or right or duty is sought, but because the
officer’s title to the office is being questioned.
3. It is a proceeding of a public nature filed by a
prosecuting attorney ex officio such as by the
Solicitor General or fiscal. (But it is personal in
nature as to the person claiming office)
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1. DISTINGUISH: QUO WARRANTO UNDER The court has to When the tribunal
THE RULES OF COURT AND QUO declare who the declares the
WARRANTO UNDER THE OMNIBUS person entitled to the candidate-elect as
ELECTION CODE office is if he is the ineligible, he will be
petitioner. unseated but the
QUO WARRANTO QUO WARRANTO person occupying the
(RULE 66) (ELECTION CODE) second place will not
be declared as the one
Subject of the petition Subject of the petition duly elected because
is in relation to an is in relation to an the law shall consider
appointive office. elective office. (Nuval only the person who,
v. Guray, G.R. No. L- having duly filed his
30241, December 29, certificate of
1928) candidacy, received a
plurality of votes.
The issue is the legality Grounds relied upon
of the occupancy of the are: (a) ineligibility to
office by virtue of a the position; or (b) Quo Warranto vs. Mandamus
legal appointment. disloyalty to the Quo warranto tests the title to one’s office claimed
Republic. (Omnibus by another and has as its object the ouster of the
Election Code, Sec. holder from its enjoyment, while mandamus seeks
253) to enforce clear legal duties and not to try disputed
titles. (Garces v. CA, G.R. No. 114795, 1996)
Petition is brought May be instituted with
either to SC, CA, or the COMELEC by any
RTC. voter contesting the 2. WHEN GOVERNMENT COMMENCES AN
election of any ACTION AGAINST INDIVIDUALS OR
member of Congress, ASSOCIATIONS
regional, provincial or
city officer; or to the When Commenced
MeTC, MTC or MCTC The Solicitor General or the public prosecutor
if against any barangay must commence an action for quo warranto when:
official. (Omnibus a. Directed by the President of the Philippines; or
Election Code, Sec. b. Upon complaint or otherwise, he has good
253) reason to believe that a case where a quo
warranto may be filed can be established by
Filed within one year Filed within 10 days proof. (Sec. 2, Rule 66)
from the time the after the proclamation
cause of ouster, or the of the results of the A case for quo warranto may be filed by the
right of the petitioner to election. government against the following individuals:
hold the office or 1. A person who usurps, intrudes into, or
position arose. (Sec unlawfully holds or exercises a public office,
11, Rule 66) position or franchise;
2. A public officer who does or suffers an act
Petitioner is the person Petitioner may be any
which, by the provision of law, constitutes a
entitled to the office. voter even if he is not
ground for the forfeiture of his office; or
entitled to the office.
3. An association which acts a corporation within
the Philippines without being legally
incorporated or without lawful authority so to
act. (Sec 1, Rule 66)
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A petition to prohibit the release of illegal 3. WHEN INDIVIDUAL MAY COMMENCE AN

advertisements by a “Legal Clinic” run mainly by ACTION
paralegals (unauthorized practice of law), must
properly be brought to the Solicitor General to Who May Commence an Action; Exception
commence an action of quo warranto against the General Rule: Government, through Solicitor
company in light of their misuse of the corporate General; or Public Prosecutor. (Sec. 2, Rule 66).
charter. When the advertisements released by the Exception: Individual claiming to be entitled to a
company seem to celebrate bigamy, illegal public office or position usurped or unlawfully held
marriages, or divorce, the same must be enjoined or exercised by another. (Sec. 5, Rule 66)
immediately by the court. (Ulep v. The Legal Clinic,
Bar Matter no. 553, 1993; Secs. 2 & 3, Rule 66 in In bringing a petition for quo warranto, a private
relation to Revised Corporation Code, Sec. 19 & individual must show that he has a clear right to
P.D. No. 902-A, Sec. 6[1]). the office allegedly being held by another. It is not
enough that he merely asserts the right to be
Where the Action is Brought if Solicitor appointed to the office. (Cuevas v. Bacal, G.R. No.
General Commences Action 139382, 2000)
When the action is commenced by the Solicitor
General, the petition may be brought in the: The petitioner must also FIRST prove his
a. Regional Trial Court of the City of Manila; entitlement or right to the office, and cannot simply
b. Court of Appeals; or rely on the defects in the qualifications of the
c. Supreme Court. (Sec. 7, Rule 66) respondent. Failing this, the petition can be
dismissed at any stage and the court will not pass
Quo Warranto Against Corporations on the qualifications or eligibility of the holder of
May be brought against an association acting as a the office/respondent. (Acosta v. Flor, G.R. No.
corporation within the Philippines without being 2122, 1905)
legally incorporated or without lawful authority to
act. (Sec. 19, Revised Corporation Code). An action of quo warranto is filed prematurely
when the nature of the position is yet to be
This refers to de facto corporations: those issued adjudged under a review on certiorari action in the
a certificate of incorporation although it had not CA as to whether it is of a de facto or de jure
fully complied with the laws. (Id.) capacity. This also constitutes forum shopping.
(Feliciano v. Villasin, G.R. No. 174929, 2008)
De facto Corporation: one which in good faith
claims to be a corporation, was organized in Where the Action is Brought if the Action is
accordance and pursuant to a valid law, and Commenced by Other Persons
assumes corporate powers because it was issued a. Supreme Court;
a certificate of incorporation. (RIANO 2016 ed., p. b. Court of Appeals; or
279) c. Regional Trial Court exercising jurisdiction over
the territorial area where the respondent or any
Its corporate existence can be directly attacked by of the respondents reside. (Sec. 7, Rule 66)
a quo warranto proceeding (Corporation Code,
Sec. 19) 4. JUDGMENT IN QUO WARRANTO ACTION
When the respondent is found guilty of usurping,

Intra-Corporate Dispute
intruding into, or unlawfully holding or exercising a
Quo Warranto proceedings against persons who
public office, position, or franchise, judgment shall
usurp the office, powers or functions of duly
be rendered that such respondent to be ousted
elected board members within a corporation are
and altogether excluded therefrom.
not within the Scope of Rule 66. (Calleja v.
Panday, G.R. No. 168696, 2006).
Petitioner or relator may recover his costs.
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Such further judgment may be rendered employee where it was the act of responsible
determining the respective rights of all the parties government official which contributed in the delay
to the action as justice requires. (Sec. 9, Rule 66) of the filing of complaint for reinstatement.
(Cristobal v. Melchor, G.R. No. L-43203, 1977)
5. RIGHTS OF A PERSON ADJUDGED
ENTITLED TO PUBLIC OFFICE Interruption of Period
An action for quo warranto must be filed within one
If judgment be rendered in favor of the person year after the cause of action accrues. The
averred in the complaint to be entitled to the public pendency of administrative remedies does not
office, he may, after taking the oath of office and operate to suspend the running of the one-year
executing any official bond required by law: period. (Palma-Fernandez v. De La Paz, G.R. No.
a. Take upon himself the execution of the office 78946, 1988)
b. Demand of the respondent all the books and
the papers in the respondent’s custody or Under the first provision, the action for quo
control appertaining to the office. If he refuses warranto must be commenced within one year
or neglects to do so, he may be punished for from the time the cause of such ouster, or the right
contempt. of the plaintiff to hold office arose. On the other
c. Bring an action for damages against hand, Article 1155 of the New Civil Code provides
respondent sustained by him by reason of the that "the prescription of actions is interrupted when
usurpation (Sec. 10, Rule 66) they are filed before the court." (Mendiola v.
Tancinco, G.R. No. L-14107, 1960)
When a quo warranto case is rendered moot and
academic, but the injunction order issued in such One Year Limit Does Not Lie When Petitioner is
pending case was disobeyed, the petitioner is still the Government
entitled to receive compensation in damages from When it is the government which commenced the
such disobedience by the party previously petition for quo warranto and puts in issue the
proceeded against. (Villanueva v. Rosqueta, G.R. qualification of the person holding the highest
No. 180764, 2010) position in the Judiciary, there can be no
acquiescence or inaction, in this case, on the part
6. LIMITATIONS
of the Republic as would amount to an
Limitation as to Period to File abandonment of its right to seek redress against a
public wrong and vindicate public interest. Neither
General Rule: The action must be commenced can delay be attributed to the Republic in
within 1 year from date after the cause of such commencing the action since respondent
ouster or the right of the petitioner to hold such deliberately concealed the fact of her
office or position arose. (Sec. 11, Rule 66) disqualification to the position. Prescription,
therefore, cannot be pleaded against the Republic.
A petition for quo warranto and mandamus (Republic v. Sereno, G.R. No. 237428, May 11,
affecting titles to public office must be filed within 2018)
one (1) year from the date the petitioner is ousted
from his position. He who claims the right to hold a
public office allegedly usurped by another and who
I. EXPROPRIATION
desires to seek redress in the courts, should file
the proper judicial action within the reglementary Expropriation
period. (Galano v. Roxas, G.R. No. L-31241, It is a process by which the power of eminent
1975) domain is carried out; taking of privately owned
property by the government under eminent
Exception: Laches does not attach and failure to domain.
file quo warranto proceeding does not operate
adversely against a dismissed government
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Eminent domain 2. TWO STAGES IN EVERY ACTION FOR

It is the right of the State to acquire private property EXPROPRIATION
for public use upon the payment of just
compensation (Brgy. Sinadalan v. CA, G.R. No. Stage 1: Determination of the plaintiff’s
150640, 2007) authority to exercise the power of eminent
domain and the propriety of its exercise in the
Public Use context of the facts involved in the suit.
It is synonymous with public interest, public
benefit, public welfare, and public convenience. It ends with an order, if not of dismissal of the
Whatever may be beneficially employed for the action, of condemnation declaring that the plaintiff
general welfare satisfies the requirement of public has a lawful right to take the property sought to be
use. (Reyes v. NHA, G.R. No. 147511, 2003) condemned, for the public use or purpose
described in the complaint, upon the payment of
Note: Expropriation is only proper when the owner just compensation to be determined as of the date
refuses to sell or agrees to sell but an agreement of the filing of the complaint. An order of dismissal,
as to price cannot be reached. if this be ordained, would be a final one, of course,
since it finally disposes of the action and leaves
Incapable of Pecuniary Estimation nothing more to be done by the court on the merits.
An expropriation suit is incapable of pecuniary
estimation. An expropriation suit does not involve Remedy: Appeal by notice of appeal within
the recovery of a sum of money. Rather, it deals FIFTEEN (15) DAYS or record on appeal within
with the exercise by the government of its authority THIRTY (30) DAYS from receipt of court order.
and right to take private property for public use.
Hence, jurisdiction over expropriation proceedings Stage 2: Determination by the court of the just
is lodged with the RTC. (Barangay San Roque v. compensation for the property sought to be
Heirs of Pastor, G.R. No. 138896, 2000) taken. This is done by the court with the
assistance of not more than three (3)
1. MATTERS TO ALLEGE IN COMPLAINT commissioners. The order fixing the just
FOR EXPROPRIATION compensation on the basis of the evidence before,
and findings of, the commissioners would be final,
An expropriation proceeding is commenced by the too. It would finally dispose of the second stage of
filing of a verified complaint which shall: the suit, and leave nothing more to be done by the
1. State with certainty the right of the plaintiff to court regarding the issue. (Barangay San Roque
expropriation and the purpose thereof; v. Heirs of Pastor, G.R. No. 138896, 2000)
2. Describe the real or personal property sought
to be expropriated; and Remedy: Appeal by notice of appeal within
3. Join as defendants all persons owning or FIFTEEN (15) DAYS from receipt of court order.
claiming to own, or occupying, any part of the
property or interest therein showing as far as The order of the court in each stage is a final order
practicable the interest of each defendant. and is separately appealable.
4. If the plaintiff cannot with accuracy identify the
real owners, averment to that effect must be What Constitutes “Taking”
made in the complaint. (Sec 1, Rule 67) 1. The expropriator must enter a private property;
2. The entrance into private property must be for
Note: When the right of the plaintiff to expropriate more than a momentary period;
is conferred by law, the complaint does not have 3. The entry into the property should be under
to state with certainty the right of expropriation. warrant or color of legal authority;
4. The property must be devoted to a public use
or otherwise informally appropriated or
injuriously affected; and
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5. The utilization of the property for public use Value of Preliminary Deposit
must be in such a way as to oust the owner and a. Personal property: provisionally ascertained
deprive him of all beneficial enjoyment of the and fixed by the court;
property. (Republic v. Vda. De Castellvi, G.R. b. Real property: assessed value in the tax return
No. L-20620, 1974) (Sec. 2, Rule 67);
c. If it is a LGU which is expropriating the
Requisites for the Local Government to Validly property, only 15% of the fair market value
Exercise Eminent Domain based on the tax declaration is required to be
1. An ordinance is enacted by the local legislative deposited. (Sec. 19, Local Government Code).
council authorizing the local chief executive, in
behalf of the LGU, to exercise the power of Form of Deposit
eminent domain or pursue expropriation General rule: Compensation must be in money.
proceedings over a particular private property; Exception: A court authorized certificate of
2. The power of eminent domain is exercised for deposit of a government bank; and bonds to be
public use, purpose or welfare, or for the benefit paid by the government under the Comprehensive
of the poor and the landless; Agrarian Reform Program.
3. There is payment of just compensation, as
required under Section 9, Article III of the Where to Deposit
Constitution, and other pertinent laws; and The deposit shall be made with the authorized
4. A valid and definite offer has been previously government depositary, i.e., depository bank
made to the owner of the property sought to be (PNB). (Sec. 2, Rule 67).
expropriated, but said offer was not accepted.
(Municipality of Parañaque v. V.M. Realty Note: This system of payment does not apply in
Corporation, G.R. No. 127820, 1998) the acquisition of right-of-way, site or location for
any national government infrastructure project
3. WHEN PLAINTIFF CAN IMMEDIATELY through expropriation.
ENTER INTO POSSESSION OF THE REAL
PROPERTY System of Deposit; When Governed by R.A.
8974
Upon filing of complaint and after due notice to RA 8794 provides for a more favorable to the
defendant, the plaintiff shall have the right to enter property owner than the procedure provided in
or take possession of property if he makes a Rule 67. RA 8974 applies in instances when the
preliminary deposit. (Sec. 2, Rule 67) national government expropriates property for
‘national government infrastructure projects’ only.
Requisites for Authorizing Immediate Entry
1. The filing of a complaint for expropriation Thus, for other purposes, the assessed value
sufficient in form and substance; and standard and the deposit prescribed in Rule 67
2. The deposit of the amount equivalent to the continues to apply. (Republic v. Gingoyon, G.R.
assessed value of the property to be No. 166429, 2005)
expropriated based on its current tax
declaration (Bardillon v. Barangay Masili, G.R.
No. 146886, 2003)
Purpose of Preliminary Deposit

1. Provide damages if court finds that the plaintiff
has no right to expropriate; and
2. Advance payment for just compensation, if
property is finally expropriated. (Zaballero v.
NHA, G.R. No. 49291-92, 1987).
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Difference between Rule 67 and R.A. No. 8974 R.A 8974, and Sections 6 & 13 of E.O. 1035) For
negotiated sale, payment must be effected within
RULE 67 R.A. NO. 8974
90 days from submission of all documents and
Application authorization of sale, while for expropriation, it is
90 days from finality of the decision rendered by
Expropriation in When National the court.
general. Government
expropriates for The solicitor general is wrong in asserting that
National Gov’t section 50 of PD 1529 (property registration
Infrastructure projects. decree) applies in the sense that the property
utilized and taken by the government may only be
For Writ of Possession to Issue
conveyed by donation to the government. There is
Government required Government required nothing that can more speedily and effectively
to make an initial to make immediate embitter a citizen and taxpayer against his
deposit. payment to the owner government and alienate his faith in it, than an
upon filing of the injustice in unfair dealing. The government must
complaint. effect payment in the form of just compensation,
and it may be done through a negotiated sale, as
Basis of Computing Amount To Be Paid granted by the RTC to the respondent by virtue of
RA 8974 and EO 1035. (Republic v. Ortigas, G.R.
Assessed Value of the Market Value of the
No. 171496, 2014)
property for purposes property stated in the
of taxation. tax declaration OR the 5. DEFENSES AND OBJECTIONS
current relevant zonal
value of the BIR, 1. Omnibus Motion Rule — Subject to the
whichever is higher, provisions of Sec. 1, Rule 9, a motion attacking a
and the value of the pleading, order, judgment or proceeding shall
infrastructures/improv include all objections then available, and all
ements using the objections not so included shall be deemed
replacement/cost waived. (Sec. 8, Rule 15)
method.
No Objections
If a defendant has no objection or defense to the
4. NEW SYSTEM OF IMMEDIATE PAYMENT action or the taking of his property:
OF INITIAL JUST COMPENSATION 1. He may file and serve a notice of appearance
and a manifestation to that effect, specifically
For the acquisition of right-of-way, site or location designating or identifying the property in which
for any national government infrastructure project he claims to be interested, within the time
through expropriation, upon the filing of the filing stated in the summons.
of the complaint, and after due notice to the 2. Thereafter, he shall be entitled to notice of all
defendant, the implementing agency shall proceedings affecting the same. (Sec. 3, Rule
immediately pay the owner of the property the 67)
amount equivalent to the sum of:
1. 100% of the value of the property based on the With Objections – Serve Answer
current relevant zonal valuation of the BIR; and If a defendant has objections to the filing of or the
2. The value of the improvements and/or allegations in the complaint, he shall serve his
structures as determined under Sec. 7, R.A. answer within the time stated in the summons. (Id.)
8974. (R.A. 8974, Sec. 4)
A negotiated sale may be entered into instead of

expropriation proceedings. (Sections 3, 5 & 6 of
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Contents of Answer not prevent the court from determining the just
1. The answer shall specifically designate or compensation to be paid.
identify the property in which he claims to have
an interest; Note: Expropriation is one of the actions wherein
2. State the nature and extent of the interest multiple appeals are permitted. An appeal may be
claimed; and taken from the order of expropriation which
3. Adduce all his objections and defenses to the authorizes the expropriation. Another appeal may
taking of his property. (Id.) lie against the judgment on the just compensation
to be paid.
No counterclaim, cross-claim or third-party
complaint shall be alleged or allowed in the answer Since multiple appeals are permitted, the
or any subsequent pleading. (Id.) reglementary period to appeal shall be 30 days
and a record on appeal shall be required for each
Motion to dismiss is not permitted in a complaint of the permissible appeals.
for expropriation. (Masikip v. City of Pasig, G.R.
No. 136349, 2006) After the rendition of such an order, the plaintiff
shall not be permitted to dismiss or discontinue the
A defendant waives all defenses and objections proceeding except on such terms as the court
not so alleged but the court, in the interest of deems just and equitable. (Sec. 4, Rule 67)
justice, may permit amendments to the answer to
be made not later than 10 days from the filing Judicial Review of the Exercise of Eminent
thereof. (Sec. 3, Rule 67) Domain; Limitations
Judicial review of the exercise of eminent domain
However, at the trial of the issue of just is limited to the following areas of concern:
compensation, whether or not a defendant has i. The adequacy of the compensation;
previously appeared or answered, he may present ii. The necessity of the taking; and
evidence as to the amount of the compensation to iii. The public use character of the purpose of the
be paid for his property, and he may share in the taking. (Masikip v. City of Pasig, G.R. No.
distribution of the award. (Id.) 136349, 2006)
Failure to File Answer - Defendant NOT in Dismissal of Expropriation Proceeding – When

Default Proper
Note: Failure to file an answer does not produce Dismissal of an expropriation proceeding is proper
the consequences of default in ordinary civil when the city asserting eminent domain failed to
actions; the defendant may nonetheless appear at prove in evidence that there is a genuine necessity
the trial to present evidence as to the just for taking public property. Providing a playground
compensation of the claims and, thereafter, share for a non-profit, private organization, not directly
in the judicial award. for the benefit of the locality, is not a public
purpose. Hence, it is an inappropriate reason for
6. ORDER OF EXPROPRIATION instituting expropriation proceedings and no
confiscation of property may be executed.
The order of expropriation forecloses any further (Masikip v. City of Pasig, G.R. No. 136349, 2006)
objections to the right to expropriate, including the
public purpose of the same. The order of expropriation merely declares that the
plaintiff has the lawful power to expropriate the
The court will then proceed to resolve the matter property but contains no ascertainment of the
of just compensation. compensation to be paid to the owner of the
property. (RIANO, 2016, p. 300)
Such final order sustaining the right to expropriate
the property may be appealed by any party
aggrieved thereby. Such appeal, however, shall
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7. ASCERTAINMENT OF JUST Inverse Condemnation

COMPENSATION Inverse condemnation has the objective to recover
the value of property taken in fact by the
Just Compensation governmental defendant, even though no formal
It is full and fair equivalent of the property taken exercise of the power of eminent domain has been
from its owner by the expropriator. The measure is attempted by the taking agency. (NPC v. Heirs of
not just the taker’s gain, but the owner’s loss. Macabangkit, G.R. No. 165828, 2011)
Just compensation means not only the correct 8. APPOINTMENT OF COMMISSIONERS;

determination of the amount to be paid to the COMMISSIONERS’ REPORT; COURT
owner of the land but also the payment of the land ACTION UPON COMMISSIONERS’ REPORT
within a reasonable time from its taking.
Appointment
Without prompt payment, compensation cannot be Upon the rendition of the order of expropriation,
considered "just" for the property owner is made to the court shall appoint not more than 3 competent
suffer the consequence of being immediately and disinterested persons as commissioners to
deprived of his land while being made to wait for a ascertain and report to the court the just
decade or more before actually receiving the compensation for the property sought to be taken.
amount necessary to cope with his loss. (Sec. 5, Rule 67)
(Coscoluela v. Court of Appeals, G.R. No. 77765,
1988) Contents of the Order of Appointment
1. The time and place of the first session of the
Just compensation is not only the correct hearing to be held by the commissioners; and
determination of the amount to be paid to the 2. The time within which their report shall be
owner, but also the payment of the property within submitted to the court. (Id.)
a reasonable time, i.e. payment within 5 years
from finality of judgment (Republic v. Lim, G.R. No. Objections to the appointment of any of the
161656, 2005) commissioners shall be filed with the court within
10 days from service, and shall be resolved within
Value of the Property as Basis for Just 30 days after all the commissioners shall have
Compensation received copies of the objections. (Id.)
a. As of the date of filing of the complaint; or
b. Upon taking of the property, whichever comes Oath
first. (Sec. 4, Rule 67) Before entering upon the performance of their
duties, the commissioners shall take and
Formula for Determining Just Compensation subscribe an oath that they will faithfully perform
VL – Value of the property (see above); their duties as commissioners. (Sec. 6, Rule 67)
JC – Just Compensation;
CB – Consequential Benefits; Scope of Powers of the Commissioners
CD – Consequential Damages. i. Accept evidence which may be introduced by
either party;
Where consequential benefits are less than ii. After due notice to the parties to attend,
consequential damages: examine the property sought to be expropriated
JC = VL + CD - CB and its surroundings and measure the same.
However, the parties may consent to the
Where consequential benefits are larger than the contrary;
consequential damages: iii. Assess the consequential damages to the
JC = Fair Market Value of the Property property and deduct from such the
consequential benefits to be derived by the
(Republic v. BPI, G.R. No. 203039, 2013) owner from the public use or purpose of the
property taken;
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iv. But in no case shall the consequential benefits property essential to the exercise of his right of
assessed exceed the consequential damages expropriation, and to the defendant just
assessed, or the owner be deprived of the compensation for the property so taken. (Sec.
actual value of his property so taken. (Id.) 8, Rule 67)
Report 9. RIGHTS OF PLAINTIFF UPON

The court may order the commissioners to report JUDGMENT AND PAYMENT
when any particular portion of the real estate shall
have been passed upon by them, and may render After payment of the just compensation as
judgment upon such partial report, and direct the determined in the judgment, the plaintiff shall have
commissioners to proceed with their work as to the right to enter upon the property expropriated
subsequent portions of the property sought to be and to appropriate the same for the public use or
expropriated, and may from time to time so deal purpose defined in the judgment or to retain
with such property. (Sec. 7, Rule 67) possession already previously made in
accordance with Section 2, Rule 67 of the Rules of
The commissioners shall make a full and accurate Court. (Sec. 10, Rule 67)
report to the court of all their proceedings, and
such proceedings shall not be effectual until the Title to the property expropriated passes from the
court shall have accepted their report and owner to the expropriator upon full payment of just
rendered judgment in accordance with their compensation. (Federated Realty Corp. v. CA,
recommendations. (Id.). G.R. No. 127967, 2005)
Except as otherwise expressly ordered by the When Title in Expropriation Becomes Vested
court, such report shall be filed within 60 days from  Personal property - upon payment of just
the date the commissioners were notified of their compensation;
appointment, which time may be extended in the  Real property - upon payment of just
discretion of the court. (Id.). compensation AND registration. (Secs. 10 and
13, Rule 67)
Upon the filing of such report, the clerk of the court
shall serve copies thereof on all interested parties,
10. EFFECT OF RECORDING OF
with notice that they are allowed 10 days within JUDGMENT
which to file objections to the findings of the report,
Contents of Judgment
if they so desire. (Id.).
1. An adequate description of the particular
property or interest therein expropriated; and
Action Upon the Report
2. The nature of the public use or purpose for
Upon the expiration of the period of 10 days
which it is expropriated.
referred to in the preceding section, or even before
the expiration of such period but after all the
When real estate is expropriated, a certified copy
interested parties have filed their objections to the
of such judgment shall be recorded in the registry
report or their statement of agreement therewith,
of deeds of the place in which the property is
the court may, after hearing:
situated, and its effect shall be to vest in the
a. Accept the report and render judgment in
plaintiff the title to the real estate so described for
accordance therewith; or
such public use or purpose. (Sec. 13, Rule 67)
b. For cause shown, it may recommit the same to
the commissioners for further report of facts; or
Remedies of a Property Owner for Non-
c. It may set aside the report and appoint new
Payment of the Just Compensation for the
commissioners; or
Taking of his Property:
d. It may accept the report in part and reject it in
part; and
General rule: The private landowner cannot
e. It may make such order or render such
execute on the judgment or recover the property.
judgment as shall secure to the plaintiff the
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Non-payment merely entitles the private 99-10-05-0. (Acbang v. Luczon, G.R. No.
landowner to interest on the just compensation, 164246, 2014)
until fully paid.
The availment of the remedy under Rule 68 bars
Exceptions: recourse to the subsequent filing of a personal
a. If the expropriated property earns income or action for collection of the same debt, in this case,
the government has allocated/appropriated under the principle of litis pendentia, considering
funds for the just compensation, the landowner that the foreclosure case only remains pending as
may execute on such funds within five (5) it was not shown to have attained finality. (Marilag
years from finality of the decision. (Coscolluela v. Martinez, G.R. No. 201892, 2015)
v. CA, G.R. No. 77765, August 15, 1988)
b. An action for reconveyance or recovery of Judicial Foreclosure Versus Extrajudicial
possession, if payment of just compensation Foreclosure
has not been made after the lapse of five (5) JUDICIAL EXTRA-JUDICIAL
years from finality of the judgment fixing just
FORECLOSURE FORECLOSURE (Act
compensation, under special circumstances,
(Rule 68) No. 3135)
including the fact that the property taken is no
longer devoted to public use. (Republic v. Complaint is filed with No complaint is filed.
Lim, G.R. No. 161656, June 29, 2005) the courts. No court intervention.
It is arbitrary and capricious for a government There is only an equity There is a right of
agency to initiate expropriation proceedings, seize of redemption. No right redemption. Mortgagor
a person’s property, allow the judgment of the of redemption except has a right of
court to become final and executory and then when mortgagee is a redemption for one
refuse to pay on the ground that there are no banking institution; year from registration
appropriations for the property earlier taken and equity of redemption is of the sale (except
profitably used. Levy and garnishment of NHA 90 to 120 days, and where the mortgagee
funds and property must be executed by the sheriff any time before is a bank and the
as ordered by the court to compensate the confirmation of mortgagor is a juridical
respondents. (NHA v. Heirs of Guivelondo, G.R. foreclosure sale. entity, the right to
No. 154411, 2003) redeem may be
Exception: exercised until, but not
Where the mortgagee after, the registration of
is a bank, the right of the certificate of
J. FORECLOSURE OF REAL ESTATE redemption may be sale/foreclosure with
MORTGAGE exercised within 1 year the Register of Deeds,
after the sale of the which in no case shall
Foreclosure property (General be more than three (3)
Foreclosure of mortgage means the termination of Banking Law of 2000, months after the
all rights of the mortgagor in the property covered Sec. 47) foreclosure, whichever
by the mortgage. It denotes the procedure adopted is earlier. (General
by the mortgagee to terminate the rights of the Banking Law, Sec. 47)
mortgagor on the property and includes the sale
itself. (DBP v. Zaragoza, G.R. No. 23493, 1978) Mortgagee can move Mortgagee has to file a
for deficiency separate action to
1. KINDS OF FORECLOSURE judgment in the same recover any deficiency.
action.
Modes of Foreclosure of Real Estate Mortgage
a. Judicial Foreclosure pursuant to Rule 68;
b. Extrajudicial Foreclosure pursuant to Act No.
3135 as amended by Act 4118, and A.M. No.
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Buyer at public auction Buyer at public auction 4. PROCEDURE

becomes absolute becomes absolute
Complaint in Action for Judicial Foreclosure
owner only after owner only after finality
In an action for the foreclosure of a mortgage or
confirmation of the of an action for
other encumbrance upon real estate, the
sale. consolidation of
complaint shall set forth:
ownership.
1. The date and due execution of the mortgage;
Mortgagee need not be Mortgagee is given a 2. Its assignments, if any;
given a special power special power of 3. The names and residences of the mortgagor
of attorney. attorney in the and the mortgagee;
mortgage contract to 4. A description of the mortgaged property;
foreclose the 5. A statement of the date of the note or other
mortgaged property in documentary evidence of the obligation
case of default. secured by the mortgage, the amount claimed
to be unpaid thereon; and
2. NEED FOR SPECIAL POWER OF 6. The names and residences of all persons
ATTORNEY having or claiming an interest in the property
subordinate in right to that of the holder of the
Accordingly, Section 1 of Act No. 3135, which mortgage, all of whom shall be made
prescribes for the procedure for the extra-judicial defendants in the action. (Sec. 1, Rule 68)
foreclosure of real properties subject to real estate
mortgage, in relation to Circular No. 7-2002 and Defendants in Judicial Foreclosure
SC A.M. No. 99-10-05-0 requires that the petition 1. Persons obliged to pay the mortgage debt;
for extra-judicial foreclosure be supported by 2. Persons who own, occupy, or control the
evidence that petitioners hold a special power or mortgaged premises or any part thereof;
authority to foreclose. (Welbit Construction Corp. 3. Transferee or grantee of the property;
v. Heirs of De Castro, G.R. No. 210286, 2018) 4. Second mortgagee or junior encumbrancers or
any person claiming a right or interest in the
In judicial foreclosure unlike extra-judicial property subordinate to the mortgage sought to
foreclosure, mortgagee need not be given a be foreclosed to foreclose their equity of
special power of attorney in the mortgage contract redemption; but if the action is by the junior
to foreclose the mortgaged property in case of encumbrancer, first mortgagee MAY also be
default. joined as defendant; and
5. The mortgagor even if not owner of the
3. AUTHORITY TO FORECLOSE mortgaged property should be included (to
EXTRAJUDICIALLY satisfy the deficiency).
Proceedings for the extrajudicial foreclosure of Effect of Junior Encumbrancer Not Impleaded
real estate mortgages are governed by Act 3135, After completed foreclosure under a senior
as amended, entitled An Act to Regulate the Sale mortgage, a junior encumbrancer may be given,
of Property under Special Powers Inserted in or by the court, the right to redeem the senior
Annexed to Real Estate Mortgages. As the title mortgage and protect his own lien. Where a junior
itself suggests and as provided in Sec. 1 of the Act, encumbrancer has been given, by the court, the
extrajudicial foreclosure sales are proper only right to redeem after the completed foreclosure
when so provided in the real estate mortgage under a senior mortgage, he must exercise his
contract. (Casano v. Magat, A.M. No. P-02-1539, right within the time limited or be barred thereof.
Jan. 24, 2002) (Sunlife Assurance v. Diez, G.R. No. 29027, 1928)
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Application to Initiate Extra-judicial

Foreclosure The judgment of the court on the above matters is
Proceedings for the extrajudicial foreclosure of considered a final adjudication of the case and
mortgages, as the name already suggests, are not hence, is subject to challenge by the aggrieved
suits filed in a court. They are commenced not by party by appeal or by other post-judgment
the filing of a complaint, but by submitting an remedies.
application before an executive judge who, in turn,
receives the same neither in a judicial capacity nor The period granted to the mortgagor for the
on behalf of the court. Necessarily, the orders of payment of the amount found due by the court is
the executive judge in such proceedings, whether not just a procedural requirement but a substantive
they be to allow or disallow the extrajudicial right given by law to the mortgagee as his first
foreclosure of the mortgage, are not issued in the chance to save his property from final disposition
exercise of a judicial function but||| issued by the at the foreclosure sale. Hence, this period cannot
RTC Executive Judge in the exercise of be omitted. (De Leon v. Ibañez, G.R. No. L-6967,
his administrative function to supervise the 1954)
ministerial duty of the Clerk of Court as Ex Officio
Sheriff in the conduct of an extrajudicial Judicial Foreclosure Sale
foreclosure sale.. (Ingles v. Estrada, G.R. No. If the defendant fails to pay the amount adjudged
141809, 2013) within the period given, the court will order the
foreclosure and execution sale of the mortgaged
a. Where To File property. The court, upon motion, shall order the
property to be sold in the manner and under the
A mortgage may be foreclosed judicially by provisions of Rule 39 and other regulations
bringing an action for that purpose, in the proper governing sales of real estate under execution.
court which has jurisdiction over the area wherein (Sec. 3, Rule 68)
the real property involved or a portion thereof, is
situated. (Sec.1, Rule 4). Duty of Clerk of Court in an Extra-judicial
Foreclosure Sale
The venue of the extra-judicial foreclosure Upon the filing of the application, it shall be the
proceedings is the place where each of the duty of the Clerk of Court:
mortgaged property is located. (Benguet 1. Receive and docket the application;
Management Corp. v. Court of Appeals, G.R. No. 2. Collect the filing fees;
153571, 2003)
3. Examine whether the applicant has complied
with the requirements of Act 3135 before
Judgment on Judicial Foreclosure for Payment conducting the public auction;
of Sale 4. Sign and issue a certificate of sale, subject to
If after the trial, the court finds that the matters set the approval of the executive judge; and
forth in the complaint are true, it shall render a 5. After the certificate of sale has been issued to
judgment containing the following matters: the highest bidder, keep the complete records,
1. An ascertainment of the amount due to the while awaiting any redemption within a period
plaintiff upon the mortgage debt or obligation, of 1 from date of registration of the certificate of
including interest and other charges as sale with the Register of Deeds concerned,
approved by the court, as well as costs; after which, the records shall be
2. A judgment of the sum found due; archived.|(A.M. No. 99-10-05-0)
3. An order that the amount found due be paid to
the court or to the judgment obligee within the b. Where To Sell
period of not less than 90 days nor more than
120 days from the entry of judgment; and In a judicial foreclosure, the place of the sale may
4. An admonition that in default of such payment be agreed upon by the parties. In the absence of
the property shall be sold at public auction to such agreement, the sale of real property or
satisfy the judgment. (Sec. 2, Rule 68) personal property not capable of manual delivery
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shall be held in the office of the clerk of court of the places of the municipality or city where the
Regional Trial Court or the Municipal Trial Court property is situated;
which made the order. (Sec. 15, Rule 39) 2. If such property is worth more than P400, such
notice shall also be published once a week for
As for an extra-judicial foreclosure, it cannot be at least 3 consecutive weeks in a newspaper of
made legally outside of the province in which the general circulation in the municipality or city;
property sold is situated; and in case the place 3. The sale shall be made at public auction,
within said province in which the sale is to be made between the hours of nine in the morning and
is the subject of stipulation, such sale shall be four in the afternoon; and shall be under the
made in said place or in the municipal building of direction of the sheriff of the province, the
the municipality in which the property or part justice or auxiliary justice of the peace of the
thereof is situated (Sec. 2, Act No. 3135) municipality in which such sale has to be made,
or a notary public of said municipality, who shall
c. Posting Requirement be entitled to collect a fee of five pesos for each
day of actual work performed, in addition to his
Notice Requirement in Judicial Foreclosure expenses. (Secs. 3 & 4, Act No. 3135).
The foreclosure sale shall be conducted in the
manner provided for an execution sale of real d. Publication Requirement
property under Rule 39, to wit:
1. The court, upon motion, shall order the Statutory provisions governing publication of
foreclosure sale; notice of mortgage foreclosure sales must be
2. There must be a notice of sale posted for 20 strictly complied with and slight deviations
days in the 3 public places in conspicuous therefrom will invalidate the notice and render the
areas of municipal or city hall, post office and sale, at the very least, voidable. Certainly, the
public market in the municipality or city where statutory requirements of posting and publication
the sale is to take place, describing the property are mandated and imbued with public policy
and stating where the property is to be sold; considerations. Failure to advertise a mortgage
3. If the assessed value of the property exceeds foreclosure sale in compliance with the statutory
P50,000.00 pesos, the notice must be requirements constitutes a jurisdictional defect,
published once a week for 2 consecutive and any substantial error in a notice of sale will
weeks in one newspaper selected by raffle, render the notice insufficient and will consequently
whether in English, Filipino, or any major vitiate the sale. (Caubang v. Spouses Crisologo,
regional language published, edited and G.R. No. 174581, Feb. 4, 2015).
circulated or, in the absence thereof, having
general circulation in the province or city; Note: The publication requirements apply to both
4. Written notice of the sale shall be given to the judicial and extra-judicial foreclosure.
mortgagor, at least 3 days before the sale;
5. The notice shall specify the place, date and The failure to post a notice is not per se a ground
exact time of the sale which should not be for invalidating the sale provided that the notice
earlier than nine o'clock in the morning and not thereof is duly published in a newspaper of general
later than two o'clock in the afternoon; (Sec. 15, circulation. (Development Bank of the Philippines
Rule 39 vis-à-vis Sec. 3, Rule 68) v. Aguirre, G.R. No. 144877, 2001)
A motion is needed. Such motion is non-litigious i. Sufficiency of Newspaper Publication

and may be made ex parte. (GPI v. De Las
Cajigas, G.R. No. L-33913, 1931) True, to be a newspaper of general circulation, it is
enough that it is published for the dissemination of
Notice Requirement in Extra-judicial local news and general information, that it has a
Foreclosure bona fide subscription list of paying
1. Notice shall be given by posting notices of the subscribers, and that it is published at regular
sale for not less than 20 days in at least 3 public intervals. Over and above all these, the
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newspaper must be available to the public in Confirmation of the Judicial Foreclosure Sale
general, and not just to a select few chosen by the After the foreclosure sale has been effected, the
publisher. Otherwise, the precise objective of mortgagee shall file a MOTION FOR ITS
publishing the notice of sale in the newspaper will CONFIRMATION. (Sec. 3, Rule 68)
not be realized. (Metropolitan Bank and Trust Co.
v. Peñafiel, G.R. No. 173976, 2009) The motion for confirmation:
1. Is non-litiguous and may be made ex parte;
The crucial factor is not where the newspaper is 2. Requires notice and hearing;
printed but whether the newspaper is being 3. Mortgagor will be allowed the opportunity to
circulated in the city or province where the show cause why the sale should not be
property is located. (Gotesco Properties, Inc. v. confirmed and to inform them when his right will
Solidbank Corp., G.R. No. 209452, 2017) be cut off;
4. If the mortgagor was not notified of the hearing,
In fact, to ensure a wide readership of the the subsequent confirmation of the sale is
newspaper, jurisprudence suggests that the vitiated as if no confirmation ever took place;
newspaper must also be appealing to the public in 5. After the hearing and the court finds valid
general. The Court has, therefore, held in several grounds, it shall issue an order confirming the
cases that the newspaper must not be devoted foreclosure sale, which is a judgment in itself
solely to the interests, or published for the and is deemed a final adjudication.
entertainment, of a particular class, profession,
trade, calling, race, or religious denomination. The Order of Confirmation
newspaper need not have the largest circulation The title vests in the purchaser upon a valid
so long as it is of general circulation. (Id.) confirmation of the sale and retroacts to the date
of sale. (Grimalt vs. Valazquez, G.R. No. L-11721,
ii. Need For Republication In Case Of 1918)
Postponement
The order of confirmation is appealable and if not
If the foreclosure sale does not push through as appealed within the period for appeal becomes
scheduled, there is a need for re-publication and final.
re-posting of the notice thereof. (Metrobank v.
Nikko Securities Int’l Corp., G.R. No. 178479, 5. POSSESSION BY PURCHASER OF
2009) FORECLOSED PROPERTY
iii. Personal Notice To The Mortgagor – When See also further discussion on Mortgage &
And When Not Needed Foreclosure under Civil Law.
In an extra-judicial foreclosure, unless the parties In an extrajudicial foreclosure of real property, the
stipulate, personal notice to the mortgagor in purchaser becomes the absolute owner thereof if
extrajudicial foreclosure proceedings is not no redemption is made within 1 year from the
necessary because Section 3 of Act 3135 only registration of the certificate of sale by those
requires the posting of the notice of sale in three entitled to redeem. Being the absolute owner, he
public places and the publication of that notice in a is entitled to all the rights of ownership over a
newspaper of general circulation.||(Lim v. property. (Sps. Reyes vs. Sps. Chung, G.R. No.
Development Bank of the Phils., G.R. No. 177050, 228112, 2017)
2013)
The purchaser may petition the court, to give him
But in a judicial foreclosure, notice must be sent to possession thereof during the redemption period,
the mortgagor. (Sec. 15, Rule 39 vis-à-vis Sec. 3, provided:
Rule 68) 1. That he furnish a bond in an amount equivalent
to the use of the property for a period of twelve
months, to indemnify the debtor in case it be
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shown that the sale was made without violating If a mortgage creditor pursues foreclosure even
the mortgage or without complying with the after previously instituting a personal action for
requirements of this Act. recovery of debt, mortgage debtor can allege in its
answer splitting of cause of action since the said
Note: No such bond is required after the personal action constitutes a waiver of the right to
redemption period if the property is not foreclosure. (Bachrach Motor Co., Inc vs.
redeemed. Icarañgal, G.R. No. L-45350 1939)
2. The petition shall be made under oath; and Mortgage debtor can file opposition to the motion
3. The court shall, upon approval of the bond, for writ of possession alleging that notice and
order that a writ of possession issue, hearing was not afforded before a confirmation
addressed to the sheriff of the province in sale is ordered. Notice and hearing of motion for
which the property is situated, who shall confirmation are therefore essential to the validity
execute said order immediately. (Sec. 7, Act of the order of confirmation, not only to enable the
No. 3135, as amended) interested parties to resist the motion but also to
inform them of the time when their right of
The procedure under Section 7 of Act No. 3135, redemption is cut off. (Tiglao vs. Botones, G.R. No.
as amended, may be availed of by a purchaser L-3619, 1951)
seeking possession of the foreclosed property he
bought at the public auction sale after the 7. REDEMPTION
redemption period has expired without redemption
having been made. (Sps. Teves vs. IC&CS Co., Right of Redemption
G.R. No. 216714, 2018) Upon the finality of the order of confirmation or
upon the expiration of the period of redemption
The purchaser at the auction sale concerned when allowed by law, the purchaser at the auction
whether in a judicial or extra-judicial foreclosure sale or last redemptioner, if any, shall be entitled
shall have the right to enter upon and take to the possession of the property and he may
possession of such property immediately after secure a writ of possession, upon, motion, from
the date of the confirmation of the auction the court which ordered the foreclosure unless a
sale and administer the same in accordance with third party is actually holding the same adversely
law. (Sec. 47, General Banking Law) to the judgment obligor. (Sec. 3, Rule 67)
In case of refusal of a debtor to surrender the The import of Sec. 3 includes one vital effect—the
property sold by the sheriff in a public auction, a equity of redemption of the mortgagor or
writ of possession may also be issued in favor of redemptioner is cut-off and there will be no further
the mortgagee in cases of: redemption, unless allowed by law (as in the case
1. In an extra-judicial foreclosure of a realty of banks as mortgagees). The equity of
mortgage (Sec. 7, Act No. 3135); and redemption starts from the 90-120 day period set
2. In a judicial foreclosure of mortgage, a quasi in in the judgment of the court up to the time before
rem proceeding, provided that the mortgagor is the sale is confirmed by an order of the court. Once
in possession of the mortgaged realty and no confirmed, no equity of redemption may further be
third person, not a party to the foreclosure suit, exercised.
had intervened. (Mabale v. Apalisok, G.R. No.
L-46942, Feb. 6, 1979) General Rule: There is no right of redemption in a
judicial foreclosure.
6. REMEDY OF DEBTOR IF FORECLOSURE
IS NOT PROPER Exception: Judicial foreclosures by banks: 1 year
redemption period. (Cayton v. Zeonnix Trading
See further discussions on Mortgage & Corp., G.R. No. 169541, 2009; Sec. 47, General
Foreclosure under Civil Law. Banking Law of 2000)
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Equity of Redemption in Judicial Foreclosure secured debt within the 90-day period after the
While there is no right of redemption in judicial judgment becomes final, in accordance with Rule
foreclosure, there is in favor of the mortgagor an 68, or even after the foreclosure sale but prior to
equity of redemption. This is simply the right of the its confirmation. (Huerta Alba Resort v. CA, G.R.
defendant mortgagor to extinguish the mortgage No. 128567, 2000)
and retain ownership of the property by paying the
Equity Of Redemption Versus Right Of Redemption

EQUITY OF REDEMPTION RIGHT OF REDEMPTION
Equity of the defendant mortgagor to extinguish the Prerogative or right to reacquire mortgaged
mortgage and retain ownership of the property by property after registration of the foreclosure sale.
paying the secured debt within the 90-120 day
period set by the court after the judgment becomes
final. (Sec. 2, Rule 68)
General rule: Must be exercised within the 90 -120 General rule: Exists only in the case of
day period after the judgment becomes final extrajudicial foreclosure of the mortgage
Except: When, even after the foreclosure sale itself Except: When, in a judicial foreclosure, the
has been made, no order of confirmation of the sale mortgagee is PNB or a bank or banking institution
has been made. Otherwise, no redemption can be PNB’s charter and the General Banking Act confer
made anymore. on the mortgagor, his successors-in-interest, or
judgment creditor the right to redeem the property
sold on foreclosure after confirmation by the court
of the foreclosure sale within one year from the date
of the registration of the certificate of sale in the
Registry of Property.
Exception to exception:
Where the mortgagor is a juridical entity whose
property has been the subject of an extrajudicial
foreclosure, the right to redeem may be exercised
until, but not after, the registration of the certificate
of sale/foreclosure with the Register of Deeds,
which in no case shall be more than three (3)
months after the foreclosure, which ever is earlier.
(Sec. 47, General Banking Act of 2000)
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Summary of Redemption Periods mortgagor or any person entitled thereto. (Sec.

4, Rule 68)
Equity of Redemption
Regardless of who is the mortgagor or mortgagee, DEFICIENCY JUDGMENT
the period for equity of redemption is:
1. Not less than 90 days nor more than 120 days If there be a balance due to the plaintiff after
from entry of judgment of foreclosure; or applying the proceeds of the sale, the court, upon
2. Even after the foreclosure sale but before motion, shall render judgment against the
judicial confirmation of the sale (Huerta Alba defendant for any such balance.
Resort v. CA, G.R. No. 128567, 2000)
Execution may issue immediately if the balance is
Right of Redemption under Judicial Foreclosure all due. The plaintiff shall be entitled to execution
(Rule 68) at such time as the remaining balance shall
If the mortgagee is a bank or banking institution, become due and such due date shall be stated in
the right of redemption is 1 year, counted from the the judgment. (Sec. 7, Rule 68) The deficiency
registration of the certificate of sale with the judgment is in itself a judgment; thus, it is also
Register of Deeds (Sec. 47, General Banking Law appealable.
of 2000; Huerta Alba Resort v. CA, G.R. No.
128567, 2000) No independent action need be filed to recover the
deficiency from the mortgagor. The deficiency
Right of Redemption under Extrajudicial judgment shall be rendered upon motion of the
Foreclosure (Act. No. 3135) mortgagee.
General Rule: Whether or not the mortgagee is a
non-bank or banking institution, the redemption The motion must be made only after the sale and
period is 1 year, counted from the registration of after it is known that a deficiency exists. Before
the certificate of sale with the Register of Deeds. that, any court order to recover the deficiency is
void. (Gov’t. of the Philippines v. Torralba, G.R.
Exception: If the mortgagor is a juridical person, No. L-41573, 1935)
the redemption period is either:
1. Before registration of the certificate of The mortgagor who is not the debtor and who
foreclosure sale with the Register of Deeds, or merely executed the mortgage to secure the
2. No more than 3 months after the foreclosure principal debtor’s obligation, is not liable for the
sale, whichever is earlier. (Sec. 47, General deficiency, unless he assumed liability for the
Banking Law of 2000) same in the contract. (Philippine Trust Co. v.
Echaus Tan Siua, G.R. No. L-29736, 1929)
DISPOSITION OF PROCEEDS OF SALE
Since a deficiency judgment cannot be obtained
Formula against the mortgagor who is not the debtor in the
Amount realized from the foreclosure sale, less principal obligation, the mortgagee may have to
costs of the sale, shall be paid to the person file a separate suit against the principal debtor.
foreclosing.
Instances When Court Cannot Render
Junior Encumbrancers Deficiency Judgment
When there shall be any balance or residue after 1. Cases under the Recto Law (New Civil Code,
paying off the mortgage debt due, the same shall Art. 1484, par. 3);
be paid to: 2. When the mortgagor is a non-resident and is
1. Junior encumbrancers in the order of their not found in the Philippines;
priority; 3. When mortgagor dies, mortgagee may file his
2. If there be no junior encumbrancers or if there claim with the probate court (Sec. 7, Rule 86);
is still a balance after paying off the junior
encumbrancers, the same shall be paid to the
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4. If mortgagor is a third-party mortgagor but not As an exception, the ministerial duty of the court to
solidarily liable with debtor (Phil Trust v. Tan issue an ex parte writ of possession ceases once
Suisa, G.R. No. L-29736, 1929); it appears that a third party, not the debtor-
5. In case of a mortgage debt due from the estate mortgagor, is in possession of the property under
of a deceased mortgagor and the mortgage a claim of title adverse to that of the applicant.
creditor availed of the third remedy which is to (Sec. 33, Rule 39)
rely upon his mortgage alone and foreclosing
the same within the statute of limitations (Sec. The remedy of a writ of possession, a remedy that
7, Rule 86); and is available to the mortgagee-purchaser to acquire
6. When the deficiency arises under an possession of the foreclosed property from the
extrajudicial foreclosure. The mortgagee can mortgagor, is made available to a subsequent
recover by action (not by motion) any purchaser, but only after hearing and after
deficiency in the mortgage account which was determining that the subject property is still in the
not realized in the foreclosure sale. (PNB v. CA, possession of the mortgagor. (Sps. Reyes vs. Sps.
G.R. No. 103953, 1999) Chung, G.R. No. 228112 2017, citing Okabe v.
Saturnina)
Procedure When There is Surplus
It is the duty of the mortgagee to return to the 9. ANNULMENT OF SALE
mortgagor any surplus in the selling price during
the foreclosure sale. (Sulit v. CA, G.R. No. See further discussions on Mortgage &
119247, 1997) Foreclosure under Civil Law.
8. WRIT OF POSSESSION A judgment in the Annulment of Mortgage case will

amount to res judicata in the Annulment of
See the prior discussion on Possession by Foreclosure Sale case. (FCD Pawnshop vs. Union
Purchaser of Foreclosed Property. Bank, G.R. No. 207914 2017)
Upon the finality of the order of confirmation or The period within which to redeem the property
upon the expiration of the period of redemption sold at a sheriff's sale is not suspended by the
when allowed by law, the purchaser at the auction institution of an action to annul the foreclosure sale
sale or last redemptioner, if any, shall be entitled (Fundamentals of Redemption in Extra-Judicial
to the possession of the property unless a third Foreclosures, citing De Connejero, et al. v. Court
party is actually holding the same adversely to the of Appeals, et al., L-21812; Castillo v. Samonte, L-
judgment obligor. The said purchaser or last 13146, 1960; Daza v. Tomacruz, G.R. No. 37046,
redemptioner may secure a writ of possession, 1933; and Sumerariz v. Development Bank of the
upon motion, from the court which ordered the Philippines, G.R. No. L-23764, 1967).
foreclosure. (Sec. 3, Rule 68)
The writ of possession is a means of recognizing

and enforcing the rights of the purchaser K. PARTITION
emphasized in Sec. 3 which provides that the
Partition
confirmation of the sale operates to divest all
It is the separation, division, and assignment of
parties to the action of their respective rights and
property held in common among co-owners in
vest them in the purchaser. (RIANO, 2016)
proportion to their respective interests in the said
property. (Civil Code, Art. 1079).
General Rule: There is no need for the purchaser
to notify parties of the proceedings. The law
Note: The procedure for judicial partition is
expressly authorizes the purchaser to petition for
provided under Rule 69. For extrajudicial partition,
a writ of possession by filing an ex parte motion.
no court intervention is required. This is
(Carlos vs. CA, 537 SCRA 247)
recognized in Rule 69, Sec. 12.
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1. WHO MAY FILE COMPLAINT; WHO

Nature of Partition SHOULD BE MADE DEFENDANTS
It is an action quasi in rem. (Valmonte v. CA, G.R.
No. 108538, 1996) Plaintiff
The action shall be brought by the person who has
An action for partition implies that the property is a right to compel the partition of real estate (Sec.
still owned in common. (Mangahas v. Brobio, G.R. 1, Rule 69) or of an estate composed of personal
No. 183852, 2010) property, or both real and personal property (Sec.
13, Rule 69), i.e. a co-owner.
In a complaint for partition, the plaintiff seeks, first,
a declaration that he is a co-owner of the subject The plaintiff is a person who is the supposed co-
properties, and second, the conveyance of his owner of the property or estate sought to be
lawful shares. (Heirs of Abalos v. Bucal, G.R. No. partitioned.
156224, 2008)
General Rule: Plaintiff is allowed to file a petition
Proof of legal acknowledgment as an heir is not a for partition ANY TIME as the Civil Code provides
prerequisite before an action for partition may be that NO co-owner shall be obliged to remain in the
filed. An action for partition is at once an action for co-ownership. It can be made any time as the right
declaration of co-ownership and for segregation to demand partition is imprescriptible. (Bautista v.
and conveyance of a determined portion of the Grino-Aquino, G.R. No. 79958, 1988).
properties involved. If the defendant asserts
exclusive title over the property, the action for Exceptions:
partition should not be dismissed. a. If a co-owner asserts adverse title to the
property, in which case the period of
Rather, the court should resolve the case and if the prescription runs from such time of assertion of
plaintiff is unable to sustain his claimed status as adverse title;
b. Existence of an agreement among co-owners
a co-owner, the court should dismiss the action,
to retain the property undivided for not
not because the wrong remedy was availed of, but
exceeding ten (10) years (Civil Code, Art. 494);
because no basis exists for requiring the
c. When co-owners are prohibited by the donor or
defendant to submit to partition. If, on the other
testator for a period not exceeding twenty (20)
hand, the court after trial should find the existence
years (Civil Code, Arts. 494 & 1083);
of co-ownership among the parties, the court may
d. When partition is prohibited by law (Civil Code,
and should order the partition of the properties in
Art. 494);
the same action. (Balo v. CA, G.R. 129704, 2005)
e. When the property is NOT subject to a physical
division and to do so would render it
Partition in Succession
unserviceable for the use which it is
In intestate succession, partition is the proper
unintended; (Civil Code, Art. 495); and
remedy for compulsory heirs to get their legitime.
f. When the condition imposed upon voluntary
heirs before they can demand partition has not
In testate succession, there can be no valid
yet been fulfilled (Civil Code, Art. 1084)
partition among heirs until the will has been
probated. (Union Bank v. Santibañez, G.R. No.
Defendant
149926, 2005)
The defendants are all the co-owners of the
disputed property. All the co-owners MUST be
joined. Accordingly, an action will not lie without
the joinder of all co-owners and other persons
having interest in the property. (Reyes v. Cordero,
G.R. No. L-14242, 1920).
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All the co-owners, therefore, are 3. TWO STAGES IN EVERY ACTION FOR
INDISPENSABLE parties. PARTITION
Non-Inclusion of a Co-Owner Two Stages

A. Non-inclusion of co-owner BEFORE judgment: 1. Determination of whether or not a co-
not a ground for motion to dismiss. The remedy ownership exists, and if partition is proper; and
is to file a motion to include party;
B. Non-inclusion of co-owner AFTER judgment: This involves a determination of whether the
judgment is VOID because co-owners are subject property is owned in common and whether
indispensable parties. all the co-owners are made parties in the case.
Note: Creditors/assignees of co-owners may (Lacbayan v. Samoy, G.R. No. 165427, 2011)
intervene and object to a partition effected without
their concurrence. However, the The order may also require an accounting of rents
creditors/assignees cannot impugn a partition and profits recovered by the defendant. This order
already executed, unless: of partition is appealable. (Miranda v. CA, G.R. No.
a. There has been fraud; or L-33007, 1976)
b. In case partition was made notwithstanding
a formal opposition presented to prevent it. If not appealed, then the parties may partition the
common property in the way they want. If they
The intervenor must show a legitimate and proper cannot agree, then the case goes into the second
interest in the subject property (De Borja v. Jugo, stage. However, the order of accounting may in
G.R.Nno. 45297, 1937) the meantime be executed. (De Mesa v. CA, G.R.
No. 109387, 1994)
Note: The Municipal Trial Court MAY HAVE
JURISDICTION in actions for partition if the value 2. Accounting and actual partition of the
of the real property is less than Three Hundred property. (Maglucot-Aw v. Maglucot, G.R. No.
Thousand (P300,000) if not in Metro Manila or less 132518, 2000)
than Four Hundred Thousand (P400,000) if
located in Metro Manila. Note: Multiple appeals are allowed. (Roman
Catholic Archbishop of Manila v. CA, G.R. No.
2. MATTERS TO ALLEGE IN THE 77425, 1991)
COMPLAINT FOR PARTITION
From the first or second stages BEFORE
Complaint for Partition judgment of partition, appeal is by notice of appeal
1. Nature and extent of petitioner’s title; within 15 days or by record on appeal within 30
2. Adequate description of the real estate of which days from notice of court order. AFTER judgment
partition is demanded; and is rendered, the remedy against a judgment of
3. A demand for the accounting of the rents, partition is only by notice of appeal within 15 day
profits, and other income from the property from receipt of judgment.
which he may be entitled to.
4. ORDER OF PARTITION AND PARTITION
Petitioner MUST join as defendants all other
BY AGREEMENT
persons interested in the property. (Sec. 1, Rule
69) For an order of partition to issue, the court must
determine
A demand for the accounting MUST be included 1. Whether the plaintiff is truly a co-owner of the
as they are parts of the cause of action for property;
partition. They cannot be demanded in another 2. Whether there is indeed a co-ownership
action and will be BARRED if not set up in the among the parties; and
same action. (Sec. 8, Rule 69) 3. That a partition is not legally proscribed, thus
may be allowed.
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5. PARTITION BY COMMISSIONERS;
The court shall order the partition of the property APPOINTMENT OF COMMISSIONERS;
among all the parties in interest, if AFTER TRIAL COMMISSIONER’S REPORT; COURT
it finds that the plaintiff has the right to partition. ACTION UPON COMMISSIONER’S REPORT
(Sec. 2, Rule 69).
Partition by Commissioners
A final order decreeing PARTITION and If the parties are unable to agree upon the
ACCOUNTING may be APPEALED by any party partition, the court shall appoint not more than
aggrieved thereby. (see Miranda v. CA, G.R. No. three (3) competent and disinterested persons as
L-33007, 1976) commissioners to make the partition, commanding
them to set off to the plaintiff and to each party in
Partition by Agreement interest such part and proportion of the property as
The parties may also make the partition among the court shall direct. (Sec. 3, Rule 69)
themselves by proper instruments of conveyance.
Commissioners are NOT ALLOWED to adjudicate
If they do agree, the court shall then confirm the on questions of title or ownership of the property.
partition so agreed upon by all of the parties, and It is merely their duty to make OR effect the
such partition, together with the order of the court partition.
confirming the same, shall be recorded in the
registry of deeds of the place in which the property Commissioners are required to take an OATH that
is situated (Sec. 2, Rule 69) they will faithfully perform their duties as
commissioners. Such oath shall be FILED in court.
If the parties CANNOT AGREE to the partition, the
appointment of commissioners shall be had to In making the partition, the commissioners shall
preside over the partition proceedings. view and examine the real estate, after due notice
to the parties to attend at such view and
In a situation where there remains an issue as to examination, and shall hear the parties as to their
the expenses chargeable to the estate, partition is preference in the portion of the property to be set
inappropriate. In this case, petitioner does not apart to them and the comparative value thereof,
dispute the findings that “certain expenses” and shall set apart the same to the parties in lots
including those related to her father’s final illness or parcels as will be most advantageous and
and burial have not been properly settled. Thus, equitable, having due regard to the
the heirs have to submit their father’s estate to improvements, situation and quality of the
settlement because the determination of these different parts thereof. (Id.)
expenses cannot be done in an action for partition.
But, the heirs or distributees of the properties may Commissioner’s Report:
take possession thereof even before the The commissioners shall make a full and accurate
settlement of accounts, as long as they first file a report to the court of:
bond conditioned on the payment of the estate’s a. Partition proceedings;
obligations. (Figuracion-Gerilla v. Vda. de b. Assignment of real estate to one of the parties;
Figuracion, G.R. 154322, 2005) or
c. The sale of the same. (Sec. 6, Rule 69)
Res Judicata in Partition Cases
There can still be res judicata in partition cases Copies of the report shall be SERVED on ALL
concerning the same parties and the same subject INTERESTED PARTIES. Opposition to such
matter once the respective shares of the co- partition must be commenced by filing an objection
owners have been determined with finality by a within ten (10) days from receipt of report.
competent court with jurisdiction or if the court
determines that partition is improper for co- Confirmation of the Court Required
ownership does not or no longer exists. (Quintos No proceeding had before or conducted by the
vs. Nicolas, G.R. No. 210252, 2014) commissioners shall pass the title to the property
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or bind the parties UNTIL the court shall have place in which the real estate is situated, and
ACCEPTED the report of the commissioners and the expenses of such recording shall be taxed as
RENDERED JUDGMENT thereon. part of the costs of the action. (Sec. 11, Rule 69)
Court action upon commissioner’s report 7. PARTITION OF PERSONAL PROPERTY

After an objection has been filed OR the expiration
of the ten (10) day period allowed for such The provisions of this Rule shall apply to partitions
objection, the court may, UPON HEARING: of estates composed of personal property, or of
1. Accept the report and render judgment in both real and personal property, in so far as the
accordance therewith; or, same may be applicable. (Sec. 13, Rule 69)
2. For cause shown, recommit the same to the
commissioners for further report of facts; or 8. PRESCRIPTION OF ACTION
3. Set aside the report and appoint new
commissioners; or General Rule: The right of action to demand
4. Accept the report in part and reject it in part; partition does not prescribe (De Castro v. Echarri,
and G.R. No. 5609, 1911)
5. Make such order and render such judgment as
shall effectuate a fair and just partition of the Exception: Where one of the interested parties
real estate, or of its value, if assigned or sold openly and adversely occupies the property
as above provided, between the several without recognizing the co-ownership (Cordova v.
owners thereof. (Sec. 8, Rule 69) Cordova, G.R. No. L-9936,1958) in which case,
6. JUDGMENT AND ITS EFFECTS acquisitive prescription may set in.
The judgment shall state definitely, by metes and If a co-owner repudiates the co-ownership and
bounds and adequate description, the particular makes known such repudiation to the other co-
portion of the real estate assigned to each owners, then partition is no longer a proper
party. remedy of the aggrieved co-owner. He should file
an accion reivindicatoria, which is prescriptible.
The effect of the judgment shall be to vest in each (Roque v. IAC, G.R. No. 75886, 1988)
party to the action in severalty the portion of the
real estate assigned to him. 9. WHEN PARTITION IS NOT ALLOWED
If the whole property is assigned to one of the

parties upon his paying to the others the sum or L. FORCIBLE ENTRY AND UNLAWFUL
sums ordered by the court the effect of the
DETAINER
judgment shall be to vest in the party making the
payment the whole of the real estate free from any Nature of Ejectment Proceedings
interest on the part of the other parties to the Ejectment cases are summary proceedings
action. intended to provide an expeditious means of
protecting actual possession of property. (Tubiano
If the property is sold and the sale confirmed by v. Razo, G.R. No. 132598, 2000)
the court, the judgment shall state the name of the
purchaser or purchasers and a definite description 1. DEFINITIONS AND DISTINCTION
of the parcels of real estate sold to each
purchaser, and the effect of the judgment shall be Forcible Entry
to vest the real estate in the purchaser or Where one is deprived of physical possession of
purchasers making the payment or payments, free real property by means of Force, Intimidation,
from the claims of any of the parties to the action. Strategy, Threats, or Stealth (FISTS). (Sec.1,
Rule 70,).
A certified copy of the judgment shall in either case
be recorded in the registry of deeds of the
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Unlawful Detainer Determining Forcible Entry or Unlawful

Where one illegally withholds possession after the Detainer
expiration or termination of his right to hold The allegation in the complaint that there was
possession under any contract, express or unlawful withholding of possession is sufficient to
implied. (Id.). make out a case for unlawful detainer. Hence, the
phrase "unlawful withholding" has been held to
imply possession on the part of defendant, which
FORCIBLE ENTRY UNLAWFUL
was legal in the beginning, having no other source
DETAINER
than a contract, express or implied, and which later
Ground: Ground: expired as a right and is being withheld by
Deprivation of physical Unlawful withholding of defendant. (Ross Rica v Sps. Ong G.R. 132197,
possession of any land possession of any land 2005)
or building by FISTS, or building after the
which shall include expiration or In ejectment cases, the complaint should embody
every situation or termination of the right such statement of facts as to bring the party clearly
condition under which to hold possession by within the class of cases for which Section 1 of
one person can virtue of any contract, Rule 70 provides a summary remedy, and must
wrongfully enter upon express or implied. show enough on its face to give the court
real property and (Sps. Del Rosario vs. jurisdiction without resort to parol evidence. Such
exclude another, who Gerry Roxas remedy is either forcible entry or unlawful detainer.
has had prior Foundation, G.R. No. (Zacarias v. Anacay, G.R. No. 202354, 2014)
possession, therefrom. 170575, 2011).
There are two reasons why the complaint was not
The possession of the The possession of the for unlawful detainer. Firstly, by averring that the
defendant is unlawful defendant, which was respondent constructed his shanty on the lot
from the beginning; lawful in the without their consent and then praying that the
issue is which party beginning, becomes MeTC direct the respondent to pay them rent from
has prior de facto illegal by reason of the the inception of the respondent’s occupation of the
possession. expiration or lot, no other conclusion can be made except that
termination of his right the petitioners had always considered
to the possession of respondent’s occupation of the same to be
the property. unlawful from the very beginning. It is a settled rule
that in order to justify an action for unlawful
The law does not Plaintiff must first make
detainer, the owner’s permission or tolerance must
require previous such demand which is
be present at the beginning of the possession.
demand for the jurisdictional in nature.
defendant to vacate.
Secondly, what the petitioners actually filed was a
The plaintiff must The plaintiff need not fatally defective complaint for forcible entry,
prove that he was in have been in prior considering that there was no allegation therein
prior physical physical possession. regarding the petitioners’ prior physical
possession of the possession of the lot.
premises until he was
deprived by the In actions for forcible entry, two allegations are
defendant. mandatory for the MTC to acquire jurisdiction: first,
the plaintiff must allege his prior physical
The 1 year period is The 1 year period is possession of the property; and second, he must
generally counted from counted from the date also allege that he was deprived of his possession
the date of actual entry of last demand. by any of the means provided for in Section 1, Rule
on the property. 70 of the Rules of Court.
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The word “possession” as used in forcible entry ACCION ACCION ACCION

and unlawful detainer, means nothing more than INTERDICTAL PUBLICIANA REIVINDICATO
physical possession, not legal possession in RIA
contemplated in civil law." (Sales v Barro, G.R.
171678, 2008). P20,000, or P20,000, or
P50,000 in P50,000 in
2. DISTINGUISH: FORCIBLE ENTRY, Metro Manila. Metro Manila.
UNLAWFUL DETAINER, ACCION
PUBLICIANA, AND ACCION 3. JURISDICTION IN ACCION PUBLICIANA
REINVINDICATORIA AND ACCION REINVINDICATORIA
Three (3) Kinds of Actions Available to Accion Interdictal

Recover Possession of Real Property Exclusive original jurisdiction over forcible entry
1. Accion interdictal - An action where the issue is and unlawful detainer suits is with the MTC. (B.P.
the right of physical or material possession of Blg. 129, as amended, Sec. 33[2])
the subject real property independent of any
claim of ownership. This includes forcible entry Amount of rents and damages claimed does not
and unlawful detainer;
affect the jurisdiction of the MTC because they are
2. Accion publiciana - It is plenary action to
recover the legal right of possession which may only incidental or accessory to the main action.
be brought when the dispossession has lasted
for more than one (1) year. If at more than one However, municipal courts have no jurisdiction
(1) year had elapsed, the action should be not over a forcible entry/unlawful detainer case
forcible entry or unlawful detainer but an accion involving agricultural tenants. Jurisdiction is with
publiciana; and the HLURB.
3. Accion reivindicatoria - This action involves not
only possession but recovery of ownership of Accion Publiciana and Accion
the property. Reinvindicatoria
RTC has jurisdiction where the assessed value of
ACCION ACCION ACCION the property exceeds P20,000 or, in Metro Manila,
INTERDICTAL PUBLICIANA REIVINDICATO P50,000;
RIA
Summary A plenary An action for MTC has jurisdiction if the assessed value does
action for the action (i.e., full the recovery of not exceed said amounts. (B.P. Blg. 129, as
recovery of trial ownership, amended, Sec. 33).
physical proceeding) which
possession for the necessarily Where the basic issue is not possession but
where the recovery of the includes the interpretation, enforcement and/or rescission of
dispossession REAL right of recovery of the contract, the same is no longer an ejectment
has not lasted possession possession. suit. (Villena v. Chavez, G.R. No. 148126, 2003)
more than one when the
4. WHO MAY INSTITUTE THE ACTION AND
(1) year. dispossession
WHEN; AGAINST WHOM MAY THE ACTION
has lasted for
BE MAINTAINED
more than one
(1) year. Plaintiff
Under MTC’s RTC’s RTC’s A. Forcible Entry: a person deprived of the
possession of any land or building by force,
jurisdiction jurisdiction if jurisdiction if
intimidation, threat, strategy, or stealth; or
only. the value of the value of
B. Unlawful Detainer:
property property a. A lessor, vendor, vendee, or other person
exceeds exceeds against whom the possession of any land or
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building is unlawfully withheld after the recovered. (Zacarias v. Anacay, G.R. No.
expiration or termination of the right to hold 202354, 2014)
possession, by virtue of any contract,
express or implied, or; B. Unlawful Detainer
b. His/her legal representatives or assigns. a. In unexpired lease contracts:
General Rule: Counted from the date of the
Note: The plaintiff in forcible entry or unlawful last demand to pay and vacate in case of
detainer actions must be entitled to the physical non-payment of rent or non-compliance with
possession of the property. He/she does not the conditions of the lease. (Esteban v.
necessarily have to be the owner of such. MERALCO, G.R. No. 197725, 2013)
Defendant Exception: When subsequent demands

One who is in possession of the property who may were merely reminders of the original
either be a/an: demand, the 1-year period starts from the
a. Lessee; original demand. (Desbarats v. Vda. de
b. Sublessee; or Laureano, G.R. No. L-21875, 1966)
c. Intruder.
b. In occupation by mere tolerance:
When Proceedings Instituted
From the date of revocation of permit (i.e.
Any time within one year after such unlawful demand to vacate (See Republic v. Sunvar
deprivation or withholding of possession. (Sec. 1,
Realty, G.R. No. 194880, 2012)
Rule 70)
Jurisprudential Requisites for Forcible Entry
The failure to allege the TIME when unlawful
1. First, the plaintiffs must allege their prior
deprivation took place is fatal because this will physical possession of the property;
determine the start of the counting of the 1 year 2. Second, they must also assert that they were
period for the filing of the summary action. (Munoz deprived of possession either by force,
v. CA, G.R. No. 102693, 1992) intimidation, threat, strategy, or stealth; and
3. Third, the action must be filed within one year
Distinction – Counting of 1-year Period from the time the owners or legal possessors
A. Forcible Entry learned of their deprivation of physical
possession of the land or building. (Dela Cruz
General Rule: Counted from the date of the v. CA, G.R. No. 139442, 2006)
entry or taking of possession by use of force,
Jurisprudential Requisites for Unlawful
intimidation, threat, or strategy
Detainer
A complaint sufficiently alleges a cause of action
The mere act of going to the property and
for unlawful detainer if it recites the following:
excluding the lawful possessor therefrom
necessarily implies the exertion of force. (Bunyi 1. Initially, possession of property by the
defendant was by contract with or by tolerance
v. Factor, G.R. No. 172547, 2009)
of the plaintiff;
2. Eventually, such possession became illegal
Exception: In case of stealth, the one-year upon notice by plaintiff to defendant of the
period should be counted from the demand to termination of the latter’s right of possession;
vacate upon knowledge or discovery of such 3. Thereafter, the defendant remained in
entry. possession of the property and deprived the
plaintiff of the enjoyment thereof; and
It is essential in unlawful detainer cases of this 4. Within one year from the last demand on
kind, that plaintiff's supposed acts of tolerance defendant to vacate the property, the plaintiff
instituted the complaint for ejectment.
must have been present right from the start of
(Zacarias v. Anacay, G.R. No. 202354, 2014)
the possession which is later sought to be
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Prior Physical Possession; Exception The term “vacate” need not be stated if there are
General Rule: Prior physical possession is other terms definitively implying that the tenant
required for the action to prosper. should vacate (Golden Gate Realty Corporation v.
IAC, G.R. No. 74289, 1987) However, the Golden
Exception: Possession can be acquired not only Gate ruling will not apply if the demand is
by material occupation, but also by the fact that a ambiguous. (La Campana v. CA, G.R. No. L-
thing is subject to the action of one's will or by the 88246, 1993).
proper acts and legal formalities established for
acquiring such right. Because possession can also Form of Demand
be acquired by juridical acts to which the law gives 1. Written notice served upon the person found on
the force of acts of possession, e.g., donations, the premises, or by posting such notice on the
succession, execution and registration of public premises if no person be found thereon (Sec.
instruments, inscription of possessory information 2, Rule 70);
titles and the like, it has been held that one need 2. By substituted service or registered mail;
3. Jurisprudence provides that demand upon a
not have actual or physical occupation of every
tenant may be oral, but sufficient evidence
square inch of the property at all times to be must be adduced to show that there was
considered in possession. (Nunez v. SLTEAS indeed a demand like testimonies from
Phoenix, G.R. No. 180542, 2010) disinterested and unbiased witnesses.
(Jakihaca v. Aquino, G.R. No. 83982, 1990)
5. PLEADINGS ALLOWED
Note: If several demands were made, the one
The only pleadings allowed to be filed are the year period is counted from the last demand letter
complaint, compulsory counterclaim and cross- received, unless the subsequent demands were
claim pleaded in the answer, and the answers merely in the nature of reminders of the original
thereto. All pleadings shall be verified. (Sec. 5, demand, in which case the one-year period is
Rule 70) counted from the first demand.
6. ACTION ON THE COMPLAINT
Effect of non-compliance with demand
The court may: The lessor may proceed against the lessee if the
a. Dismiss the case outright on any of the demand is not complied with AFTER:
grounds for the dismissal of a civil action which a. 15 days in the case of land; or
are apparent therein; or b. 5 days in case of buildings.
b. If no ground for dismissal is found, it shall
forthwith issue summons. (Sec. 5, Rule 70) Prior demand in unlawful detainer is NOT
required when:
7. WHEN DEMAND IS NECESSARY a. The purpose of the action is to terminate the
lease because of expiry of term and not
Two-fold Demand because of failure to pay rentals;
In unlawful detainer cases, unless there exists a b. Purpose of suit is not for ejectment but for
stipulation to the contrary, such actions shall only enforcement of terms of contract; or
be commenced after demand is made on the c. When the defendant is not a tenant but a mere
lessee in any of the following forms: intruder. In which case it is forcible entry, which
a. To pay and vacate; or does not require prior demand. (RIANO 2016
b. To comply with the conditions of the lease and ed., p. 353-354)
vacate.
8. PRELIMINARY INJUNCTION AND
A mere notice giving the lessee the alternative
PRELIMINARY MANDATORY INJUNCTION
either to pay the rental or vacate the premises
The court may grant preliminary injunction to
does not comply with Section 2. (Vda. de Murga v.
prevent the defendant from committing further acts
Chan, G.R. No. L-24680, 1980)
of dispossession against the plaintiff.
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A possessor deprived of his possession through 1. Perfect an appeal;

forcible entry or unlawful detainer may, within five 2 File a supersedeas bond to pay for the rents,
(5) days from the filing of the complaint, present a damages and costs accruing down to the time
motion for the issuance of a writ of preliminary of the judgment appealed from; and
mandatory injunction to restore him in his 3 Deposit periodically with the RTC, during the
pendency of the appeal, the adjudged amount
possession.
of rent due under the contract as determined in
the judgment of the MTC, or if there be no
The court shall decide the motion within 30 days contract, the reasonable value of the use and
from the filing thereof. (Sec. 15, Rule 70) occupation of the premises. (Sec. 19, Rule 70)
Note: If the case is pending, the petition for Note: If the defendant can no longer pay this shall
preliminary injunction may only be filed by the not defeat the appeal. He will, however, be
plaintiff; if the case is on appeal, the petition may compelled to surrender possession of the property
be filed by either the plaintiff or the defendant. as the plaintiff will be entitled to execution as a
(Sec. 15, Rule 70) matter of right.
9. RESOLVING DEFENSE OF OWNERSHIP Upon motion of the plaintiff, within 10 days from
the perfection of the appeal to the RTC in forcible
When the defendant raises the issue of ownership,
entry and unlawful detainer cases, the latter may
the court may resolve the issue of ownership only
issue a writ of preliminary mandatory injunction to
under the following conditions:
restore the plaintiff in possession if the court is
1. When the issue of possession cannot be
satisfied that the defendant’s appeal is frivolous or
resolved without resolving the issue of
ownership; and dilatory, or that the appeal of the plaintiff is prima
2. The issue of ownership shall be resolved only facie meritorious. (Sec. 20, Rule 70)
to determine the issue of possession. (Sec. 16,
Rule 70) Note: In forcible entry and unlawful detainer cases,
the judgment of the RTC against the defendant
The assertion by the defendant of ownership over shall be immediately executory, without prejudice
the disputed property does not serve to divest the to a further appeal that may be taken therefrom.
inferior court of its jurisdiction. The defendant (Sec. 21, Rule 70)
cannot deprive the court of jurisdiction by merely
claiming ownership of the property involved. (Rural The judgment is immediately executory in order to
Bank of Sta. Ignacia v. Dimatulac, G.R. No. avoid injustice to a lawful possessor.
142015, 2003; Perez v. Cruz, G.R. No. 142503,
2003) Note: The judgment is immediately executory only
when the judgment is against the defendant. If the
Questions to be Resolved in an Forcible Entry judgment is in favor of the defendant, such is not
1. Who had actual possession over the piece of immediately executory and can be executed only
real property? after the lapse of the regular 15-day period to
2. Was the possessor ousted therefrom within appeal without the plaintiff having perfected the
one year from the filing of the complaint by same.
force, threat, strategy or stealth?
3. Does he ask for the restoration of his Even if RTC judgments in unlawful detainer cases
possession? (Dizon v. Concina, G.R. No. L- are immediately executory, preliminary injunction
23756, 1969) may still be granted. There need only be clear
showing that there exists a right to be protected
10. HOW TO STAY THE IMMEDIATE and that the acts against which the writ is to be
EXECUTION OF JUDGMENT directed violate said right. (Benedicto v. CA, G.R.
No. 157604, 2005)
Defendant must take the following steps to stay
the execution of the judgment:
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11. PROHIBITED PLEADINGS AND According to Manner of Commission

MOTIONS a. Direct; or
b. Indirect.
The following pleadings are not allowed:
a. Motion to dismiss the complaint except on the Civil and Criminal Contempt Distinguished
ground of lack of jurisdiction over the subject
CIVIL CONTEMPT CRIMINAL
matter, or failure to comply with Section12;
CONTEMPT
b. Motion for a bill of particulars;
c. Motion for new trial, or for reconsideration of a It is the failure to do It is a conduct directed
judgment, or for reopening of trial; something ordered to against the authority
d. Petition for relief from judgment; be done by a court or a and dignity of the court
e. Motion for extension of time to file pleadings, judge for the benefit of or a judge acting
affidavits or any other paper; the opposing party judicially; it is an
f. Memoranda; therein and is therefore obstruction of the
g. Petition for certiorari, mandamus, or prohibition an offense against the administration of
against any interlocutory order issued by the party in whose behalf justice which tends to
court; the violated order was bring the court into
h. Motion to declare the defendant in default; made. disrepute or
i. Dilatory motions for postponement; disrespect.
j. Reply;
k. Third-party complaints; The purpose is to The purpose is to
l. Interventions. (Sec. 13, Rule 70). compensate for the punish, to vindicate the
benefit of a party. authority of the court
and protect its
outraged dignity.
M. CONTEMPT
The rules of procedure Should be conducted
Definition of Contempt of Court governing contempt in accordance with the
Contempt is disobedience and utter disregard to proceedings or principles and rules
the court by acting in opposition to its authority, criminal prosecutions applicable to criminal
justice and dignity. It also includes conduct which ordinarily are cases, insofar as such
tends to bring the authority of the court and the inapplicable to civil procedure is consistent
administration of law into disrepute or in a manner contempt proceedings. with the summary
which impedes the due administration of justice. nature of contempt
(Siy v. NLRC, G.R. No. 158971, 2005) proceedings.
Two-fold Aspect:
Direct and Indirect Contempt Distinguished
1. Proper punishment for the disrespect to the
court or its order; and DIRECT CONTEMPT INDIRECT
2. To compel the guilty party’s performance of CONTEMPT
some act or duty required of him by the court.
(Halili v. CIR, G.R. No. L-24864, 1985) In general, it is It is not committed in
committed in the the presence of the
1. KINDS OF CONTEMPT presence of or so near court, but done at a
the court or judge as to distance which tends
See discussions below.
obstruct or interrupt the to belittle, degrade,
2. PURPOSE AND NATURE OF EACH proceedings before it. obstruct or embarrass
the court and justice.
According to Nature
a. Criminal; or
b. Civil.
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DIRECT CONTEMPT INDIRECT DIRECT CONTEMPT INDIRECT

CONTEMPT CONTEMPT
Acts constituting direct Acts constituting d. Any improper

contempt are: indirect contempt are: conduct tending,
a. Misbehavior in the a. Misbehavior of an directly or indirectly,
presence of or so officer of a court in to impede, obstruct,
near the court as to the performance of or degrade the
obstruct or interrupt his official duties or administration of
the proceedings in his official justice;
before it; transactions; e. Assuming to be an
b. Disrespect toward b. Disobedience of or attorney or an
the court; resistance to a officer of a court,
c. Offensive lawful writ, process, and acting as such
personalities order, or judgment without authority;
towards others; of a court, including f. Failure to obey a
d. Refusal to be sworn the act of a person subpoena duly
as a witness or to who, after being served; and
answer as a dispossessed or g. The rescue, or
witness; ejected from any attempted rescue,
e. Refusal to real property by the of a person or
subscribe an judgment or property in the
affidavit or process of any custody of an
deposition when court of competent officer by virtue of
lawfully required to jurisdiction, enters an order or process
do so; or attempts or of a court held by
f. Acts of a party or a induces another to him.
counsel which enter into or upon
constitute willful such real property, 3. REMEDY AGAINST DIRECT CONTEMPT;
and deliberate for the purpose of PENALTY
forum shopping; executing acts of
and ownership or Proceeding for Direct Contempt
g. Unfounded possession, or in Summary in nature; see grounds in previous table
accusations or any manner
allegations or disturbs the Remedy
words in a pleading possession given to 1. He cannot appeal, but he may file certiorari or
tending to the person prohibition under Rule 65.
embarrass the adjudged to be 2. Execution of judgment shall be suspended
court or to bring it entitled thereto; pending resolution of the petition, provided:
into disrepute. (Re: c. Any abuse of or any a. He files a bond fixed by the court which
rendered the judgment; and
Letter dated 21 unlawful
b. Conditioned that he will abide by and
Feb. 2005 of Atty. interference with
perform the judgment should the
Noel Sorreda, A.M. the processes or
petition be decided against him (Sec. 2,
No. 05-3-04-SC, proceedings of a Rule 71)
2005) court not
constituting direct
contempt under
Section 1 of this
Rule;
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Punishment for Contempt compliance with the requirements for filing

1. RTC or court of equal or higher rank: Fine not initiatory pleadings for civil actions in the court
exceeding P2,000 or imprisonment not concerned. (Sec. 4, Rule 71)
exceeding 10 days or both.
2. MTC: Fine not exceeding P200 or Requisites Before Accused May be Punished For
imprisonment not exceeding 1 day or both. Indirect Contempt:
(Sec. 1, Rule 71) 1. Charge in writing to be filed or a show cause
order issued by the court;
Note: If contempt consists in the refusal or 2. Opportunity for person charged to appear and
omission to do an act which is yet within the power explain his conduct; and
of the respondent to perform, he may be 3. To be heard by himself or counsel. (Regalado
imprisoned by order of the court concerned until v. Go, G.R. No. 167988, 2007)
he performs it.
Where Charge is to be Filed
4. REMEDY AGAINST INDIRECT Where the charge for indirect contempt has been
CONTEMPT; PENALTY committed against a Regional Trial Court or a
court of equivalent or higher rank, or against an
Proceeding for Indirect Contempt officer appointed by it, the charge may be filed with
Punished after charge and hearing (Sec. 3, Rule such court.
71);
Where such contempt has been committed
Please see the grounds for indirect contempt in the against a lower court, the charge may be filed with
previous table. the Regional Trial Court of the place in which the
lower court is sitting; but
Remedy
May be appealed to the proper court as in criminal The proceedings may also be instituted in such
cases, but execution shall not be suspended until lower court subject to appeal to the Regional Trial
bond is filed. (Sec. 11, Rule 71) Court of such place in the same manner as
provided in Section 11 of this Rule. (Sec. 5, Rule
Punishment if committed against: 71)
A. RTC or a court of equivalent or higher rank:
Fine not exceeding P30,000 or imprisonment 6. ACTS DEEMED PUNISHABLE AS
not exceeding 6 months or both. INDIRECT CONTEMPT
B. MTC: Fine not exceeding P5,000 or
imprisonment not exceeding 1 month or both. Punishable Act
(Sec. 7, Rule 71) A person guilty of any of the following acts may be
punished for indirect contempt:
Note: The penalty is immediately executory, a. Misbehavior an officer of a court in the
unless a bond is filed. performance of his official duties or in his
official transactions;
5. HOW CONTEMPT PROCEEDINGS ARE
b. Disobedience of or resistance to a lawful writ,
COMMENCED process, order, or judgment of a court,
including the act of a person who, after being
Two Modes of Commencing Proceeding for
Indirect Contempt: dispossessed or ejected from any real property
A. Motu proprio by the court through an order or by the judgment or process of any court of
any other formal charge requiring the competent jurisdiction, enters or attempts or
respondent to show cause why he should not induces another to enter into or upon such real
be punished for contempt; and property, for the purpose of executing acts of
B. Through a verified petition charging for ownership or possession, or in any manner
indirect contempt with supporting particulars disturbs the possession given to the person
and certified true copies of documents or adjudged to be entitled thereto;
papers involved therein, and upon full
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c. Any abuse of or any unlawful interference with orders or decrees of the court, which the
the processes or proceedings of a court not contemnor refuses to obey although able to do
constituting direct contempt under section 1 of so. In effect, it is within the power of the person
this Rule; adjudged guilty of contempt to set himself free.
d. Any improper conduct tending, directly or (Montenegro v. Montenegro, G.R. No. 156829,
2004)
indirectly, to impede, obstruct, or degrade the
administration of justice; 8. CONTEMPT AGAINST QUASI-JUDICIAL
e. Assuming to be an attorney or an officer of a BODIES
court, and acting as such without authority;
f. Failure to obey a subpoena duly served; Unless otherwise provided by law, this Rule shall
g. The rescue, or attempted rescue, of a person apply to contempt committed against persons,
or property in the custody of an officer by virtue entities, bodies or agencies exercising quasi-
of an order or process of a court held by him; judicial functions, or shall have suppletory effect to
(Sec. 3, Rule 71) and such rules as they may have adopted pursuant to
h. Failure by counsel to inform the court of the authority granted to them by law to punish for
death of his client, since it constitutes an contempt. The Regional Trial Court of the place
improper conduct tending to impede the wherein the contempt has been committed shall
administration of justice. (Sec. 3, Rule 71) have jurisdiction over such charges as may be
filed therefor. (Sec. 13, Rule 71)
The SC not only has plenary disciplinary authority
over attorneys but also has the inherent power to Power of Contempt by the Senate in Inquiries in
punish for contempt. The former stems from the Aid of Legislation
Court’s constitutional mandate to regulate The period of imprisonment under the inherent
admission into the practice of law, which includes power of contempt by the Senate during inquiries
as well authority to regulate the practice itself of in aid of legislation should only last until the
law; the latter is “necessary for its own protection termination of the legislative inquiry under which
against an improper interference with the due the said power is invoked. Accordingly, as long as
administration of justice.” (Zaldivar v. there is a legitimate legislative inquiry, then the
Sandiganbayan, G.R. Nos. 79690-707, 1988) inherent power of contempt by the Senate may be
properly exercised. Conversely, once the said
Generally, non-parties may not be held for legislative inquiry concludes, the exercise of the
contempt. However, if he is guilty of conspiracy inherent power of contempt ceases and there is no
with any one of the parties in violating the court’s more genuine necessity to penalize the detained
orders, he may be liable. (Desa Enterprise v. SEC, witness. (Balag v. Senate of the Philippines, G.R.
G.R. No. L-45430, 1982) No. 234608, 2018)
7. WHEN IMPRISONMENT SHALL BE
IMPOSED
When the contempt consists in the refusal or

omission to do an act which is yet in the power of
the respondent to perform, he may be imprisoned
by order of the court concerned until he performs
it. (Sec. 8, Rule 71)
The reason for indefinite incarceration in civil

contempt proceedings, in proper cases, is that it
is remedial, preservative, or coercive in nature.
The punishment is imposed for the benefit of a
complainant or a party to a suit who has been
injured. Its object is to compel performance of the
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SPECIAL
PROCEEDINGS
Remedial Law
ATENEO CENTRAL
VI. SPECIAL PROCEEDINGS 4. Payment of Debts

G. ACTIONS BY AND AGAINST EXECUTORS
TOPIC OUTLINE UNDER THE SYLLABUS AND ADMINISTRATORS
1. Actions that may be brought against
A. SETTLEMENT OF ESTATE OF DECEASED executors and administrators
PERSONS, VENUE, AND PROCESS 2. Requisites before creditor may bring an
1. Which court has jurisdiction action for recovery of property fraudulently
2. Venue in judicial settlement of estate conveyed by the deceased
3. Extent of jurisdiction of probate court H. DISTRIBUTION AND PARTITION
4. Powers and duties of probate court 1. Liquidation  
B. SUMMARY SETTLEMENT OF ESTATES 2. Project of partition  
1. Extrajudicial settlement by agreement 3. Remedy of an heir entitled to residue but
between heirs, when allowed   not given his share  
2. Two year prescriptive period   4. Instances when probate court may issue
3. Affidavit of self-adjudication by sole heir writ of execution  
4. Summary settlement of estates of small I. TRUSTEES
value, when allowed   1. Distinguished from executor/administrator
5. Remedies of aggrieved parties after 2. Condition of the bond  
extrajudicial settlement of estate 3. Requisites for the removal and resignation
C. PRODUCTION AND PROBATE OF WILL of a trustee  
1. Nature of probate proceeding 4. Grounds for removal and resignation of a
2. Who may petition for probate; persons trustee  
entitled to notice 5. Extent of authority of trustee  
D. ALLOWANCE OR DISALLOWANCE OF J. ESCHEAT
WILL 1. When to file  
1. Contents of petition for allowance of will
2. Requisites for filing of petition  
2. Grounds for disallowing a will
3. Remedy of respondent against petition,
3. Reprobate; requisites before a will proved
period for filing a claim
and abroad would be allowed in the
K. GUARDIANSHIP
Philippines
1. Venue
E. LETTERS TESTAMENTARY AND
2. Appointment of guardians
ADMINISTRATION
1. When and to whom letters of 3. General powers and duties of guardian 
administration granted   4. Termination of Guardianship
L.  ADOPTION
2. Order of preference  
1. Distinguish adoption from inter-country
3. Opposition to issuance of letters
adoption
testamentary; simultaneous filing of
2. Domestic adoption
petition for administration  
a. Effects of adoption
4. Powers and duties of executors and
b. Instances when adoption may be
administrators; restrictions on their
rescinded
powers  
c. Effects of rescission of adoption
5. Appointment of special administrator   3. Inter-country adoption
6. Grounds for removal of administrator a. When allowed
F. CLAIMS AGAINST THE ESTATE b. Functions of the Regional Trial Court
1. Time within which claims should be filed; c. “Best Interest of the Child” Standard
exceptions   M. WRIT OF HABEAS CORPUS
2. Statute of non-claims   1. Contents of the petition
3. Claim of executor or administrator against 2. Contents of the return
the estate
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3. Distinguish peremptory writ from S. APPEALS IN SPECIAL PROCEEDING

preliminary citation 1. Judgment and orders for which appeal may
4. When not proper/applicable be taken
5. When writ disallowed/discharged 2. When to appeal
6. Distinguish: writ of habeas corpus, writ of 3. Modes of appeal
amparo, writ of habeas data 4. Rule on advance distribution
7. Rule on Custody of Minors and Writ of
Habeas Corpus in relation to Custody of
Minors (A.M. No. 03-04-04-SC)
N. WRIT OF AMPARO (A.M. NO. 07-9-12-SC)
1. Coverage
2. Differences between amparo and search
warrant
3. Who may file
4. Contents of return
5. Effects of failure to file return
6. Omnibus waiver rule
7. Procedure for hearing
8. Institution of separate action
9. Effect of filing of a criminal action
10. Consolidation
11. Interim reliefs available to petitioner and
respondent
12. Quantum of proof in application for issuance
of writ of amparo
O. WRIT OF HABEAS DATA (A.M. NO. 08-1-16-
SC)
1. Scope of writ
2. Availability of writ
3. Who may file
4. Contents of the petition
5. Contents of return
6. Instances when petition may be heard in
chambers
7. Consolidation
8. Effect of filing of a criminal action
9. Institution of separate action
10. Quantum of proof in application for issuance
of writ of amparo
P. CHANGE OF NAME
1. Differences under Rule 103, Republic Act
No. 9048, and Rule 108
2. Grounds for Change of Name
Q. ABSENTEES
1. Purpose of the rule
2. Who may file; when to file
R. CANCELLATION OR CORRECTION OF
ENTRIES IN THE CIVIL REGISTRY
1. Entries subject to cancellation or correction
under Rule 108, in relation to Republic Act
9048
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SPECIAL PROCEEDING & Trust Company v. Absolute Management

A remedy by which a party seeks to establish a Corporation, GR No. 170498, 2013)
status, a right or a particular fact. (Rule 1, Sec.
3[c]) Provisions of the Rules of Court requiring
certification against forum shopping for complaints
Subject Matter of Special Proceedings and initiatory pleadings, a written explanation for
1. Settlement of estate of deceased persons non-personal service and filing, and the payment
2. Escheat; of filing fees for money claims against the estate
3. Guardianship and custody of children; [are] applicable to special proceedings. (Sheker v.
4. Trustees; Estate of Alice Sheker, G.R. No. 157912, 2007)
5. Adoption;
6. Rescission and revocation of adoption; Intervention under Rule 19 does not extend to
7. Hospitalization of insane persons; creditors of a decedent whose credit is based on a
8. Habeas corpus; contingent claim. The legal interest required of an
9. Change of name; intervenors must be “actual and material, direct
10. Voluntary dissolution of corporations; and immediate, and not simply contingent or
11. Judicial approval of voluntary recognition of expectant.” (Hilado v. CA, G.R. No. 164108, 2009)
minor natural children;
12. Constitution of family home; Distinguish action and special proceeding
13. Declaration of absence and death; CIVIL ACTION SPECIAL
14. Cancellation of correction of entries in the civil PROCEEDING
registry. (Rule 72, Sec. 1) Act by which one sues
The act by which one
another in a court for
seeks to establish the
The list in the Rules of Court is NOT exclusive; the enforcement or
status or right of a
other Special Proceedings include the following: protection of a right, or
party, or a particular
1. Summary Proceedings under the Family Code; the prevention or
fact
2. Actions in the Family Court, such as redress of a wrong
annulment of marriage (Rayray v. Chae Kung Formal demand of a Petition for a
Lee, [1966]); right by one against declaration of a status,
3. Proceedings under the Child & Youth Welfare another right or fact
Code, Child Abuse Act, and Child Usually one party, who
Employment Act; At least two parties: usually initiates the
4. Domestic and Inter-Country Adoption; plaintiff (complaint), proceedings with a
5. Corporate Rehabilitation under FRIA; and defendant petition, application, or
6. Liquidation (Pacific Banking Corp, supra); (answer) a special form of
7. Writs of Amparo and Kalikasan; pleading
8. Arbitration (Special ADR Rules); and Not adversarial when
Recognition and Enforcement of an Arbitral Adversarial
initiated, but may
Award proceedings, where
become adversarial in
court rules on rights
the course of the
Applicability of Rules of Civil Actions and obligations of
proceedings if there
In the absence of special provisions, the rules parties
are oppositors
provided for in ordinary actions shall be, as far as Not usually based on a
practicable, applicable in special proceedings. Based on a cause of
cause of action; EXC:
(Rule 72, Sec. 2) action
habeas corpus
Formal pleadings Formal pleadings not
Specific provisions of Rule 86, Sec. 5 should required usually required
prevail over the general provisions of Rule 6, Sec.
11 of the Rules of Court because the settlement of
deceased persons are primarily governed by the
rules on special proceedings. (Metropolitan Bank
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A. SETTLEMENT OF ESTATE OF B. Extrajudicial Settlement: a proceeding where

DECEASED PERSONS, VENUE AND the decedent left no wills and the heirs
PROCESS adjudicate the estate among themselves
without seeking letters of administration. (Rule
Modes of Settlement of the Estate of a 74, Sec. 1)
Deceased Person / Person Presumed Dead
A. Summary settlement: small value estate 1. WHICH COURT HAS JURISDICTION
(Rule 74);
Jurisdiction depends on the gross value of the
B. Partition (Rule 69); and
estate.
C. Settlement through letters testamentary or
letters of administration with or without the
If within Metro Manila, the Regional Trial Court
will annexed (Rules 73, 75-90)
would assume jurisdiction if the estate exceeds
P400,000. If not, the Municipal Trial Court has
Nature of Settlement of Estate
jurisdiction.
A special proceeding for the settlement of estate is
intended to settle the entire estate of the
Outside Metro Manila, the Regional Trial Court
deceased. (Vda. De Reyes v. CA, G.R. No. L-
would assume jurisdiction if the estate exceeds
47027, 1989)
P300,000. If not, the Municipal Trial Court has
jurisdiction. (R.A. 7691)
The settlement of a decedent’s estate is a
proceeding IN REM. All interested persons
Preferential Jurisdiction of the Probate Court
whether known to the parties or not may be bound
General Rule: The court first taking cognizance of
by it. (Philippine Savings Bank vs. Lantin, G.R. No.
the settlement of the estate of the decedent shall
L-33929, 1983)
exercise jurisdiction to the exclusion of all other
courts. (Rule 73, Sec. 1; Vda. De Chua vs CA.
Probate of a will is MANDATORY and takes
G.R. No. 116835, 1998)
precedence over intestate proceedings. If in the
course of intestate proceedings pending before a
It cannot be divested of such jurisdiction by the
court, it is found that the decedent had left a last
subsequent acts of the parties (e.g. if they entered
will, proceedings for the probate of the latter
into an extrajudicial partition settlement or filed
should replace the intestate proceedings even if at
another petition for settlement in a proper court of
that stage an administrator had already been
concurrent venue). (Cuenco v. CA, G.R. No. L-
appointed, the latter being required to render final
24742, 1973)
account and turn over the estate in his possession
to the executor subsequently appointed but this is
Delivery of the will is sufficient for jurisdiction to be
without prejudice to the fact that should the alleged
acquired, even if no petition for its allowance was
last will be rejected or is disapproved, the
filed until later because upon the will being
proceeding shall continue as intestacy. (Uriarte vs
deposited, the court could motu proprio have taken
CFI Of Negros, G.R. Nos. L-21938-39,1970)
steps to fix time and place for proving the will and
issued notices in accordance with Rule 76, Sec 3.
Two Kinds of Settlement:
(Rodriguez v. Borja, G.R. No. L-21993, 1966)
A. Judicial Settlement: testate (decedent left a
will) or intestate proceeding (decedent did not
However: such court, may upon learning that: a
leave a will) instituted in the country were the
petition for probate of the decedent's last will has
decedent had his residence or had estate if a
been presented in another court where the
non-resident. (Rule 74, Sec. 2)
decedent obviously had his conjugal domicile and
a. Summary Judicial Proceeding (if the value
resided with his surviving widow and their minor
of the estate is below PhP 10,000)
children, and that the allegation of
b. Regular Settlement Proceedings
the intestate petition before it stating that the
decedent died intestate may be actually false,
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may decline to take cognizance of the petition and Consolidation of Proceedings

hold the petition before it in abeyance, and instead If separate proceedings have been instituted for
defer to the second court which has before it the each estate, both proceedings may be
petition for probate of the decedent's alleged last consolidated if they were filed in the same court.
will.(Cuenco v. CA, G.R. No. L-24742, 1973) (Bernardo v. CA, G.R. Nos. 111715 & 112876,
2000)
It is anomalous that the estate of a person who
died intestate should be settled in an intestate Venue is procedural; not jurisdictional
proceeding. Therefore, the intestate case should The laying of venue is procedural rather than
be consolidated with the testate proceeding, and substantive, relating as it does to jurisdiction of the
the judge assigned to the testate proceeding court over the person rather than the subject
should continue hearing the two cases. (Roberts matter. Venue relates to trial and not to jurisdiction.
v. Leonidas, G.R. No. L-55509, April 27, 1984) It is a procedural, not a jurisdictional, matter. It
relates to the place of trial or geographical location
Exception: in which an action or proceeding should be
Exclusionary Rule is NOT applied when the brought and not to the jurisdiction of the court. It is
decedent is an inhabitant of a foreign country. In meant to provide convenience to the parties,
this case, the court of the province in which a part rather than restrict their access to the courts as it
of his estate may be found shall take cognizance relates to the place of trial. In contrast, in criminal
of the settlement of his estate. (Uriarte v. CFI, G.R. actions, it is fundamental that venue is
Nos. L-21938-39, 1970) jurisdictional it being an essential element of
jurisdiction. (Nocum v. Tan, G.R. No. 145022,
The court in which the first case was filed shall 2005)
have exclusive jurisdiction to decide said issue.
Should it be decided, in the proceedings before the When is venue improperly laid?
said court, that venue had been improperly laid, Unless and until the defendant objects to the
the case pending therein should be DISMISSED venue in a motion to dismiss, the venue cannot be
and the corresponding proceedings MAY, truly said to have been improperly laid, as for all
thereafter, be initiated in the proper court. (In the practical intents and purposes, the venue, though
matter of the Intestate of the Deceased Eusebio, technically wrong, may be acceptable to the
G.R. No. L-8409, 1956) parties for whose convenience the rules on venue
had been devised. The trial court cannot pre-empt
2. VENUE IN JUDICIAL SETTLEMENT OF the defendant’s prerogative to object to the
ESTATE improper laying of the venue by motu proprio
dismissing the case. (Rudolf Lietz Holdings Inc. v.
Where the Estate is Settled The Registry of Deeds of Paranaque City, G.R.
DECEDENT VENUE No. 133240, 2000)
Philippine
Decedent’s place of residence
Resident Remedy if venue is improperly laid
Not In any place where any of the General Rule: Ordinary appeal, not certiorari or
Philippine decedent’s properties are prohibition.
Resident located Exception: If want of jurisdiction appears on the
(Rule 73, Sec. 1) record of the case (Rule 73, Sec. 1)
HOWEVER: Wrong venue is a waivable
Residence procedural defect, and such waiver may occur by
Personal/actual/physical habitation, his actual laches where a party had been served notice of
residence or place of abode (Fule v. CA, G.R. Nos. the filing of the probate petition for a year and
L-40502 & 42670, 1976); and NOT his permanent allowed the proceedings to continue for such time
legal residence of domicile (Pilipinas Shell v. before filing a motion to dismiss. (Uriarte v. CFI,
Dumlao, G.R. No. 44888, 1992). G.R. Nos. L-21938-39, 1970)
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3. EXTENT OF JURISDICTION OF PROBATE Remedy for one who wants to resolve his/her
COURT adverse claim of ownership
File a separate action (for a final determination of
Probate the conflicting claims of title) with the RTC
A proceeding to establish the validity of a will. (Pacioles, Jr. v. Chuatoco-Ching, G.R. No.
127920, 2005).
Probate Jurisdiction
Jurisdiction is limited and it includes only matters 4. POWERS AND DUTIES OF PROBATE
relating to the settlement of estates and the COURT
probate of wills of persons, particularly:
1. Administration of the decedent's estate; In probate proceedings, the court:
2. Payment of his debts; 1. Orders the probate of the will of the decedent
3. Questions as to collation or advancements to (Rule 77, Sec. 3)
the heirs; 2. Grants letters of administration of the party best
4. Liquidation of the conjugal partnership; and entitled thereto or to any qualified applicant
5. Partition and distribution of the estate. (Rule 79, Sec. 5)
3. Supervises and controls all acts of
It also extends to matters incidental and collateral administration; hears and approves claims
to the exercise of a probate court's recognized against the estate of the deceased (Rule 86,
powers such as selling, mortgaging or otherwise Sec11)
encumbering realty belonging to the estate. (Heirs 4. Orders payment of lawful debts (Rule 88, Sec.
of Sandejas v. Lina, G.R. No. 141634, 2001) 11)
5. Authorizes sale, mortgage or any
Probate Court’s Authority to Determine encumbrance of real estate (Rule 89, Sec. 7)
Questions of Title to the Property 6. Directs the delivery of the estate to those
enttled thereto (Rule 90, Sec. 1)
General Rule: Questions as to TITLE to property 7. Issues warrants and processes necessary to
cannot be passed upon by the probate court in the compel the attendance of witnesses or to carry
testate or intestate proceeding but should be into effect their orders and judgments, and all
ventilated in a separate action. other powers granted them by law (Rule 73,
Sec. 3); an
Exception: To determine whether said property 8. If a person defies a probate order, it may issue
should be included in the inventory or list of a warrant for the apprehension and
properties to be administered by the administrator, imprisonment of such person until he performs
the court may make a provisional determination. such order or judgment, or is released. (Rule
Such determination is provisional and NOT 73, Sec. 3)
conclusive and is subject to the final decision in a
separate action regarding ownership which may The court acts as trustee, and as such, should
be instituted by the parties. (Pio Baretto Realty jealously guard the estate and see to it that it is
Development, Inc. v. CA, G.R. No. 132362, 2001) wisely and economically administered, not
dissipated. (Timbol v. Cano, G.R. No. L-15445,
The probate court may decide such question: 1961)
i. When all parties to such determination are
heirs; The authentication of a will decides only those that
ii. The question is one of collation or touch upon the capacity of the testator and the
advancement; compliance with those requisites or solemnities
iii. When all the parties agree to submit the that the law prescribes for the validity of wills. It
question to the determination of the courts, and does not determine nor even by implication
rights of third parties are not impaired. (Coca v. prejudge the validity or efficiency of the provisions;
Borromeo, G.R. No. L-27082, 1978) the questions relating to these points remain
entirely unaffected, and may be raised even after
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the will has been authenticated. (Teotico v. del Val, Presumption of death
G.R. No. L-18753, 1965) Number of May be
years that the declared
A trial court cannot make a declaration of heirship person is dead for:
in an ordinary civil action because matters related absent
to the rights of filiation and heirship must be
ventilated in a special proceeding for the purpose GR: If the 7 years All purposes
of determining such rights (Bayagas v. Bayagas, person is 1-75 EXCEPT
G.R. Nos. 187308 & 187517, 2013) years old, succession
(Civil Code,
Probate Court’s Power to Issue Writs of Art. 390)
Execution
General Rule: A probate court CANNOT issue EXC: Above 5 years All purposes
writs of execution because its orders usually refer 75 years old including
to the adjudication of claims against the estate succession
which the executor or administrator may satisfy (Civil Code,
WITHOUT the need of executor processes Art. 390)
(Angelita G. Vda. De Valera v. Hon. Macario M.
Ofilada, G.R. No. L-27526, 1974) If person is 1- 10 years All purposes
Exceptions: The court may issue writs of 75 years old including
execution on the following: succession
a. To satisfy the contributive shares of the (Civil Code,
devisees, legatees and heirs on possession of Art. 390)
the decedent’s assets (Rule 88, Sec. 6);
b. To enforce payment of the expenses of
partition (Rule 90, Sec. 3); and
c. To satisfy the cost when a person is cited for On board a 4 years from All purposes
examination in probate proceedings. (Rule vessel lost at loss of including
142, Sec. 13) sea vessel/plane succession
(Civil Code,
Estate settlement upon dissolution of marriage Art. 391)
Upon dissolution of marriage by the death of either
the husband or the wife, the community property On board a 4 years All purposes
must be administered and liquidated in the missing including
in/testate proceedings of the deceased spouse. If airplane succession
both have died, liquidation may be made in the (Civil Code,
in/testate proceedings of either. (Rule 73, Sec. 2) Art. 391)
Probate Court’s Power to Liquidate the Lost while 4 years All purposes
Conjugal Partnership being with the including
Only the probate court can competently rule on armed forces succession
whether the properties are conjugal and form part that took part (Civil Code,
of the estate. It is only the probate court that can in a war Art. 391)
liquidate the conjugal partnership and distribute
the same to the heirs, after the debts of the estate Lost in 4 years All purposes
have been paid. (Romero v. CA, G.R. No. 188921, circumstances including
2012) where there is succession
danger of (Civil Code,
death. Art. 391)
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If the absentee appears, or without appearing his May be instituted by

existence is proved, he may recover the balance Resorted to at the any interested party,
of his estate by motion in the same proceeding, instance of and by even a creditor of the
subject to the following conditions: agreement of all heirs estate, without the
1. All his debts must have been paid (Rule 73, consent of all heirs
Sec. 4); Bond is filed with the Bond is filed with the
2. He shall recover his property in the condition in Register of Deeds court
which it may be found, and the price of any Amount of the bond is
property that may have been alienated or the Amount of bond is to
equivalent to the value
property acquired therewith; be determined by the
of the personal
3. BUT he cannot claim either fruits or rents. (Civil court
property
Code, Art. 392)
1. EXTRAJUDICIAL SETTLEMENT BY
The declaration of presumptive death of a person AGREEMENT BETWEEN HEIRS, WHEN
under Article 41 of the Family Code is a ALLOWED
SUMMARY proceeding and NOT a special
proceeding. (Republic of the Philippines v. Jomoc, Requirements
G.R. No. 163604, 2005) 1. Decedent died intestate (left no will);
2. There are no outstanding debts at the time of
settlement;
3. Heirs are all of legal age or minors represented
B. SUMMARY SETTLEMENT OF ESTATES by judicial guardians or legal representatives;
4. The settlement is made in a public instrument
Summary Settlement of Estates, in general OR by means of an affidavit, in the case of a
General Rule: Estate settlement should be sole heir, duly filed with the Register of Deeds;
judicially administered through an 5. If the decedent left only one heir: the heir
administrator/executor. executes an affidavit of self-adjudication.
Exceptions: 6. If the decedent left more than one heir, the
1. Extrajudicial settlement by agreement between settlement must be made in a public instrument
or among heirs. (Rule 74, Sec. 1) 7. Publication of the extrajudicial settlement in a
2. Summary settlement of estates of small value. newspaper of general circulation in the
(Rule 74, Sec. 2) province once a week for three consecutive
weeks; and
Comparative Table: Extrajudicial Settlement 8. Filing of bond equivalent to the value of
and Summary Settlement personal property posted with the register of
EXTRAJUDICIAL SUMMARY deeds
SETTLEMENT SETTLEMENT
No court intervention Judicial adjudication, Form of Settlement
is required although summary Nothing in Sec. 1, Rule 74 concludes that a written
Gross value of the instrument or other formality is an essential
The value of the estate
estate must not requisite to the validity of the partition. an oral
is immaterial
exceed PhP 10,000 partition is valid (Vda. de Reyes v. CA, G.R. No.
Allowed in both testate 92436, 1991).
Allowed only in
and intestate
intestate succession
succession Settlement in a private instrument is valid. The
There must be no Available even if there requirement of a public instrument in Section 1,
outstanding debts at are debts; it is the Rule 74 is not constitutive of the validity but is
the time of the court which will make merely evidentiary in nature. However,
settlement of the provision for its reformation of the instrument may be compelled.
estate payment (Hernandez v. Andal, G.R. No. L-273, 1947)
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Failure to file the extrajudicial settlement or the settlement of estate of the decedent has a period
affidavit of self-adjudication does not affect its of two years after the settlement and distribution to
validity when there are no creditors or when no assail its validity (Pedrosa v CA, G.R. No. 118680,
rights of creditors are involved. March 5, 2001)
Good reasons There is a DISPUTABLE PRESUMPTION that the

When all the heirs are of lawful age and there are decedent left no debts IF no creditor files a petition
no debts due from the estate, they may agree in for letters of administration within two (2) years
writing to partition the property without instituting after the death of the decedent. (Guico v. Bautista,
the judicial administration or applying for the G.R. No. L-14921, 1960)
appointment of an administrator.
Rules on Applicability of Prescriptive Period
It does NOT preclude the heirs from instituting
administration proceedings, even if the estate has General Rule: The period is two years from
no debts or obligations, if they do not desire to settlement of the estate (Rule 74, Sec. 4)
resort for GOOD REASONS to an ordinary action
for partition. This two-year period applies:
1. To persons who have participated or taken part
Recourse to an administration proceeding even if or had notice of the extrajudicial partition; and
the estate has no debts is sanctioned only if the 2. When the provisions of Section 1 of Rule 74
heirs have good reasons for not resorting to an have been strictly complied with, i.e., that all the
action for partition. (Pereira v. CA, G.R. No. L- persons or heirs of the decedent have taken
81147, 1989; Arcillas v. Montejo, G.R. No. L- part in the extrajudicial settlement or are
21725, 1968) represented by themselves or through
guardians. (Maria Pedrosa v. Court of Appeals,
Extrajudicial Settlement- on whom binding G.R. No. 118680, March 5, 2001)
Persons who did not participate nor had notice of
an extrajudicial settlement would not be bound When heirs may exercise right:
thereby. Publication that binds the world a. There has been undue deprivation of lawful
contemplates notice that has been sent out or participation on the estate on the part of an heir
issued before any deed of settlement, partition, or or other interested person;
both, is agreed upon, and not after such an b. There exist debts against the estate; or
agreement has already been executed (Cua v c. There has been undue deprivation of lawful
Vagas, G.R. No. 156356, 2006) participation payable in money on the part of an
heir or other interested persons
Requirement of Bond
The bond is required only when personality is Note: The 2-Year Period is NOT a prescriptive
involved. If it is a real estate, it shall be subject to period. There is nothing [in Sec. 4] which shows
a lien in favor of creditors, heirs or other persons clearly a statute of limitations and a bar of
for the full period of 2 years from such distribution action against third persons. It is only a bar
and such lien cannot be substituted by a bond. against the parties who had taken part in the
extrajudicial proceedings but not against third
The bond is the value of the personal property persons not parties thereto (Sampilo and Salacup
certified by the parties under oath and conditioned v. CA, G.R. No. L-10474, 1958).
upon payment of just claims filed under Section 4,
Rule 74 of the Rules of Court.
2. TWO-YEAR PRESCRIPTIVE PERIOD
An heir or interested person who was able to

participate either in the extrajudicial or summary
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Special Period for Certain Individuals prescriptive period is 10 years from repudiation of
If on the date of the expiration of the 2-year period, the title, which must be proven by clear and
the creditor / heir is a: [MIPO] convincing evidence and made known to the
a. Minor beneficiary.
b. Incapacitated
c. In Prison; or Civil Code, Art. 1410 – imprescriptible
d. Outside the Philippines
Heirs with no knowledge or who did not consent to
He may present his claim within 1 year after such the deed of settlement may resort to an action for
disability is removed (Rule 74, Sec. 5). annulment of the deed of extrajudicial
settlement (Reillo v. San Jose, G.R. No. 166393,
Exceptions: 2009).
a. If the aggrieved heir is in possession of the
property - imprescriptible 3. AFFIDAVIT OF SELF-ADJUDICATION BY
SOLE HEIR
An action for reconveyance is imprescriptible
when the plaintiff, the legal owner, and not the General Rule: Extra-judicial settlement shall be
defendant registered owner, is in possession of done by means of a public instrument filed in the
the land to be reconveyed (Heirs of Saludares v. Register of Deeds. (Rule 74, Sec. 1)
CA, G.R. No. 128254, 2004).
Exception: If there is only one heir, he may
b. If an innocent purchaser for value is in adjudicate to himself the entire estate by means of
possession of the property - imprescriptible an affidavit filed in the Registry of Deeds. (Rule 74,
Sec. 1)
Remedy: File damages against the other heirs
who fraudulently caused the transfer to the If a person misrepresents himself as the only heir,
innocent purchaser for value. (PEZA v. an implied/constructive trust is created in favor of
Fernandez, G.R. 138971, 2001) the other heirs whose rights were violated. Action
of reconveyance based on implied trust prescribes
c. If the property is in the hands of other heirs who 10 years from the issuance of TCT over the
caused the extrajudicial settlement property. (Marquez v. CA, G.R. No. 125715, 1998)
General Rule: 10 years from the issuance of If a person does not have knowledge of the
title, since a constructive trust was created extrajudicial partition, being an ex-parte
proceeding, then he cannot be bound thereby.
This period shall commence: (PEZA v. Fernandez G.R. No. 138971, 2001)
a. Upon the issuance of a new title over the
4. SUMMARY SETTLEMENT OF ESTATES
property in question (Marquez v. CA, G.R. No.
OF SMALL VALUE, WHEN ALLOWED
125715, 1998); or
b. From time of actual notice – unregistered deed Unlike extrajudicial settlement, summary
(Neri v. Heirs of Uy, G.R. No. 194366, 2012) settlement of estates of small value may be
chosen by the heirs regardless of whether the
Publication does NOT constitute constructive decedent died testate or intestate.
notice to the heirs who had no knowledge or did
not take part in it (Cua vs Vargas, G.R. No. Requisites:
156536, 2006). 1. Petition filed by any interested person
2. Gross value of the estate, whether or not the
Exception: The implied trust may be converted
decedent died testate OR intestate, must not
into an EXPRESS TRUST,which is exceed ten thousand pesos (P10,000).
imprescriptible, unless repudiated by the trustee
(Torbela v. Rosario, G.R. No. 140528, 2011). The
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3. Application must contain allegation of gross Reconveyance based on Implied Trust

value of estate. An heir who is deprived of his share in the estate
4. Upon hearing, the date of which: since he did not participate, take part, or had no
a. Shall be set by court not less than one (1) notice of the settlement of the estate may file an
month action for reconveyance within 10 years, which is
b. nor more than three (3) months from date based on an implied or constructive trust (Teves v
of last publication of notice. CA, G.R. No. 109963, 1999)
5. Notice of hearing published once a week for
three (3) consecutive weeks in a newspaper of Action for Reconveyance; When
general circulation. Imprescriptible
6. Notice shall be served upon such interested An action for reconveyance is imprescriptible
persons as the court may direct. when the plaintiff, the legal owner, and not the
7. Bond in an amount fixed by the court (not defendant registered owner, is in possession of
value of personal property) conditioned upon the land to be reconveyed (Heirs of Saludares v.
payment of just claims under Section 4, Rule CA, G.R. No. 128254, January 16, 2004)
74 of the Rules of Court. (Rule 74, Sec. 2)
Petition for Relief
After such requisites are met, the court MAY Grounds: (FAME)
proceed SUMMARILY, WITHOUT the a. Fraud
appointment of an executor or administrator. b. Accident;
c. Mistake;
5. REMEDIES OF AGGRIEVED PARTIES d. Excusable negligence.
AFTER EXTRAJUDICIAL SETTLEMENT OF
ESTATE Period to File
Within sixty (60) days AFTER the petitioner learns
The following remedies are available to the of the judgment, final order or other proceeding to
aggrieved party after extrajudicial settlement of the be set aside, and not more than 6 months after
estate: such judgment or final order was entered.
1. Claim Against the Bond or Real Estate or Both
(Rule 74, Sec. 4) Note: Claim against the bond or real estate or both
2. Petition for Relief (Rule 38) may be availed of only WITHIN two (2) years after
3. Reopening by Intervention Within the settlement and distribution of the estate. Such
Reglementary Period bond or property will be charged with this
4. New Action to Annul Settlement Within responsibility within 2 years regardless of transfers
Reglementary Period of Two Years; of property.
5. Rescission in Case of Preterition of
Compulsory Heir in Partition Tainted with Bad Reopening by Intervention Within
Faith (Civil Code, Art. 1104); and Reglementary Period
6. Action for Reconveyance (Civil Code, Art. The Following are Allowed to Intervene with Leave
1144) of Court:
7. Action to Annul Extrajudicial Settlement (Neri a. Has a legal interest in the matter in litigation; or
v. Uy) b. Has such legal interest in the success of either
of the parties, or an interest against both; or
Claim Against the Bond or Real Estate or Both c. Is so situated as to be adversely affected by a
(Rule 74, Sec. 4) distribution/disposition of property in the
If there is an undue deprivation of lawful custody of the court or of an officer thereof.
participation in the estate, the existence of debts
against the estate or undue deprivation of lawful
participation payable in money.
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Period to File Not limited to instruments not designated as

See above discussion (VI.2.) wills
A donation mortis causa must comply with the
formalities required for the validity of wills. Even if
the donation did follow the prescribed formalities
C. PRODUCTION AND PROBATE OF WILL on the law on wills, it must still be presented and
admitted to probate before rights may arise
1. NATURE OF PROBATE PROCEEDING therefrom (Aluad v. Aluad, G.R. No. 176943,
2008).
Probate Proceeding is a Proceeding In Rem
The probate of a will is a proceeding in rem
The instruments have a testamentary character,
because it binds the whole world by virtue of the
which may be either:
publication of the petition. Publication is notice to
a. Disposition of property; or
the whole world that the proceedings have for its
object to bar indefinitely all who might be minded b. Appointment of executor
to make an objection of any sort against the right
Probate is Imprescriptible
sought to be established, including the State
(Alaban v CA, G.R. No. 156021, 2005) This proceeding cannot be dispensed with and
substituted by another proceeding, judicial or
extrajudicial, without offending public policy. It is
A probate decree finally and definitively settles all
IMPRESCRIPTIBLE, because it is required by
questions concerning capacity of the testator and
public policy and the state could not have intended
the proper execution and witnessing of his last will
to defeat the same by applying thereto the statute
and testament, irrespective of whether its
of limitation of actions. (Guevara v. Guevara, G.R.
provisions are valid and enforceable or otherwise
No. L-5405, 1956)
(Fernandez v. Dimagiba, G.R. No. L-23638, 1967).
Duty of Probate Court to Look Into Extrinsic
To establish conclusively as against everyone and
Validity of the Will; Exception
once for all, the facts that a will was executed with
the formalities required by law and that the testator
General Rule: The probate court's authority is
was in a condition to make a will, is the only
limited only to the extrinsic validity of the will, the
purpose of the proceedings for the probate of a will
due execution thereof, the testator's testamentary
(Sumilang v. Ramagosa, G.R. No. L-23135, 1967).
capacity and the compliance with the requisites or
solemnities prescribed by law (Acain v. IAC, G.R.
Probate is Mandatory
No. 72706, 1987).
The law enjoins the probate of the will and public
policy requires it, because unless [it] is probated
Exception: However, when practical
and notice thereof given to the whole world, the
considerations demand, the intrinsic validity of the
right of a person to dispose of his property by Will
will may be passed upon like when on its face
may be rendered nugatory (Maninang v. CA, G.R.
No. L-57848, 1982). there is really preterition or invalid disinheritance
making the will void. (Maninang v. CA, G.R. No. L-
57848, 1982)
The heirs may only validly partition the estate only
after the will has been probated (Ralla v. Untalan,
G.R. Nos. L-63253-54, 1989; Union Bank v. The general rule is that the probate court’s
Santibanez, G.R. No. 149926, 2005). authority is limited only to the extrinsic validity of
the will, the due execution thereof, the testator’s
testamentary capacity and compliance with the
It is mandatory as no will shall pass either real or
solemnities prescribed by law. The intrinsic validity
personal property unless proved and allowed in
normally comes after the court declared that the
accordance with the Rules. (Rule 75, Sec. 1)
will has been duly authenticated. However, the
rule is not without exceptions. The probate court is
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not powerless to pass upon certain provisions of 2. WHO MAY PETITION FOR PROBATE;
the will. (Acain v. IAC, G.R. No. 72706, 1987) PERSONS ENTITLED TO NOTICE
PRODUCTION OF THE WILL Who May Petition For Probate of Will

a. Executor;
Custodian of the Will b. Devisee/legatee named in the will;
The person who HAS CUSTODY of the will shall c. Testator himself during his lifetime;
deliver the will to the court having jurisdiction or to d. Any creditor: as a preparatory step for filing of
the executor named in the will within twenty (20) his claim therein.
days after knowledge of death of testator. (Rule e. Any person interested in the estate; (Rule 76,
75, Sec. 3) Sec. 1)
Executor of the Will Note: ALL of the abovementioned MAY petition for
A person named as executor in the will SHALL the probate of the will whether the same be in his
present such will to the court having jurisdiction possession or not, or is lost or is destroyed.
AND signify to the court in writing his acceptance
or refusal of the trust: Interested Party
a. Within twenty (20) days after he knows of the One who would be benefited by the estate such as
death of the testator; or an heir or one who has a claim against the estate
b. Within twenty (20) days after he knows that he like a creditor.
is named executor IF he obtained such
knowledge after the death of the testator. (Rule The interest must be BOTH material and direct as
75, Sec. 3) to the will or estate or the property to be affected
by it either as executor or claimant of the estate.
A custodian or an executor who neglects such duty (Sumilang v. Romagosa, G.R. No. L-9483, 1960)
without satisfactory excuse shall be fined not
exceeding two thousand pesos (P2,000). (Rule 75, Jurisdictional requirements for proving wills
Sec. 4) A HEARING shall be set by the court for proving
the will after the will has been delivered to OR a
A person having custody of the will who neglects petition for allowance of a will has been filed in the
to deliver the same without reasonable cause court. This is for the purpose of allowing those who
when ordered to do so MAY be committed to are concerned to protest. (Rule 76, Sec. 3)
prison until he delivers the will. (Rule 75, Sec. 5)
NOTICE of such time and place of proving the will
The proceedings under SEC. 4 and SEC. 5 are SHALL be PUBLISHED for three (3) weeks
independent of each other; when a person is successively in a newspaper of general circulation.
sought to be committed to prison for violation of But this requirement is not necessary IF the
SEC. 5, the court cannot impose the penalty of find probate has been filed by the testator himself.
based on SEC. 4 as additional penalty (United (Rule 76, Sec. 4)
States v. Guimco, G.R. No. 12184, 1917).
Three (3) weeks successively is not strictly twenty-
Mandamus cannot be availed of to compel another one days. It is sufficient that publication has been
person to produce the will of the deceased, there made once (1) a week successively three (3)
being another plain, speedy and adequate remedy times, even if less than twenty-one (21) days
in the ordinary course of law. In that case, the intervened between the first and last publication.
person asking for mandamus had a photocopy of (Basa v. Mercado, G.R. No. L-42226, 1935)
the will. Thus, according to the SC, he may avail
of the remedies under RULE 75, ROC (Uy Kiao
Eng v. Lee, G.R. No. 176831, January 15, 2010).
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Persons entitled to notice D. ALLOWANCE OR DISALLOWANCE OF

1. Designated or other known heirs, legatees WILL
and devisees;
2. Executor and co-executor if not the petitioner Kinds of Wills
(Rule 76, Sec. 4) 1. Notarial Will
2. Holographic Will
If it is the testator himself who asks for the
allowance of his own will, notice shall only be Requisites of a Notarial Will
required to be given to his compulsory heirs. (Rule 1. Subscription
76, Sec. 4) The will must be subscribed (signed) at the end
thereof by:
How Notice is Given a. The testator himself; or by
1. By Mail – at least twenty (20) days before b. The testator’s name written by some other
hearing person
2. Personal Service – at least ten (10) days
before hearing. (Rule 76, Sec. 4) 2. Attestation by witnesses
The act of 3 or more credible witnesses of
Persons Entitled to Notice witnessing the execution of the will in the presence
Notice is required to be personally given to known of the testator and of one another in order to see
heirs, legatees and devisees of the testator. and take note mentally that such will has been
However in this case, a perusal of the will would executed in accordance with the requirements
indicate that respondent was instituted as the sole prescribed by law
heir of the decedent. Petitioners are merely
nephews and nieces of the decedent, and they are 3. Marginal signatures
neither compulsory nor testate heirs who are The testator or the person requested by him to
entitled to be notified of the probate proceedings. write his name, and the instrumental witnesses of
Respondent has no legal obligation to mention the will must affix their signatures on the left
petitioners in the petition for probate nor to margin of each and every page of the will, except:
personally notify them about the same. (Alaban v. a. In the last pages, when the will consists of
CA, G.R. No. 156021, 2005) two or more pages;
b. When the will consists of only one page; and
The personal service of notice upon the heirs is a c. When the will consists of two pages, the first
matter of procedural convenience and not a of which contains all the testamentary
jurisdictional requisite. (In Re Estate of Emil H. dispositions and is signed at the bottom by
Johnson, G.R. No. 12767, 1918; In Re Estate of the testator and the witnesses, and the
Deceased Jose B. Suntay, G.R. Nos. 3087 and second contains only the attestation clause
3088, 1954; Abut, et al. v. Abut, et al. G.R. No. L- duly signed at the bottom by the witnesses
26743, 1972)
4. Page numbering
However, where the names of the heirs and their All the pages shall be numbered correlatively in
residences are known, notices of the hearing of letters placed on the upper part of each page. This
the petition in accordance with Section 4, Rule 76 is not necessary when the will is written on one
must be forwarded to them and such requirement sheet only
cannot be satisfied by mere publication. (De
Aranz, et al. v. Galing, et al., G.R. No. 77047, 5. Attestation Clause - this contains:
1988) a. The number of pages used - upon which the
will is written;
Effects if Notice Not Published b. That the testator signed (or expressly
A settlement proceeding may be annulled if the caused another person to sign) the will and
notice is not published in accordance with Section every page thereof in the presence of the
3. instrumental witnesses;
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c. That the instrumental witnesses witnessed 2. The Names, ages, and residences of the heirs,
and signed the will and all the pages thereof legatees, and devisees of the testator or
in the presence of the testator and of one decedent
another 3. The probable Value and character of the
property of the estate
6. Acknowledgment by Notary Public 4. The name of the person for whom Letters are
Must be acknowledged before a notary public by prayed
the testator and the witnesses 5. If the will has not been delivered to the court,
the name of the person having custody of it
Note: Date in a notarial will
The conflict between the dates appearing on the Note: No defect shall render void the allowance of
will does not invalidate the document, because the the will, or the issuance of letters testamentary or
law does not even require that a [notarial] will be of administration with the will annexed. (Rule 76,
executed and acknowledged on the same Sec. 2)
occasion. More importantly, the will must be
subscribed by the testator, as well as by three or The applicable law, therefore, confers jurisdiction
more credible witnesses who must also attest to it on the RTC or the MTC over probate proceedings
in the presence of the testator and of one another. depending on the gross value of the estate, which
The testator and the witnesses must acknowledge value must be alleged in the complaint or petition
the will before a notary public. In any event, the to be filed. (Frianela v. Banayad Jr., G.R. No.
variance in the dates of the will as to its supposed 169700, 2009)
execution and attestation was satisfactorily and
persuasively explained by the notary public and Proving a Lost or Destroyed Will; Requisites
the instrumental witnesses. (Ortega v. Valmonte, Whether the will was a notarial or a holographic
G.R. No. 157451, 2005) one, its loss or destruction may only be proved
upon the concurrence of the following requisites:
Requisites of a Holographic Will 1. Its execution and validity are established
1. Entirely Written by the Hand of the Testator 2. It must have been in existence at the time of
2. Entirely Dated by the Hand of the Testator the testator’s death, or is shown to have been
General Rule: Refers to the day, month, and fraudulently or accidentally destroyed during
year of the will's execution the lifetime of the testator without his
knowledge; and
Exception: When the only issue in question is 3. Its provisions must be clearly and distinctly
whether the will was properly dated, and the proved by at least two credible witnesses
due execution of the will was genuinely (RULE 76, Sec. 6)
admitted (Roxas v. De Jesus G.R. No. L-
38338, 1985) Proof of Lost or Destroyed Notarial Will
3. Entirely Signed by the Hand of the Testator A lost or destroyed notarial will may be proved by
4. Executed in a Language or Dialect known to the a photocopy of the same coupled with the
Testator testimony of the subscribing witness
1. CONTENTS OF PETITION FOR Testimony of Witness Other than Subscribing

ALLOWANCE OF WILL Witness
General Rule: With respect to a notarial will, the
Contents of the Petition courts must examine the testimony of the
1. Jurisdictional Facts (DR) subscribing witnesses
a. Testator’s death; Exceptions: The court may examine witnesses
b. Testator’s residence at the time of death OR other than subscribing witnesses in the following
the place where the testator left estate, if he instances:
is a non-resident (Palaganas v. Palaganas, a. The subscribing witness is insane;
G.R. No. 169144, 2011); b. The subscribing witness is dead; or
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c. None of the subscribing witnesses reside in the 3. REPROBATE

Philippines (RULE 76, Sec. 7)
A will allowed/probated in a foreign country MAY
Photocopy of Holographic Will MAY be allowed be allowed, filed and recorded in the Philippines.
The probate of holographic wills is the allowance (Rule 77, Sec. 1)
of the will by the court after its due execution has
been proved. However, if the holographic will has Administration of an estate extends only to the
been lost or destroyed and no other copy is assets of the decedent found within the state or
available, the will cannot be probated because the country where it was granted. The administrator
best and only evidence is the handwriting of the appointed in one state has no power over property
testator in said will. It is necessary that there be a in another state or country. (Rule 77, Sec. 4)
comparison between sample handwritten
statements of the testator and the handwritten will. Petition to be filed in the Regional Trial Court. The
But, a photostatic copy of the holographic will may Regional Trial Court where such petition is filed
be allowed because comparison can be made with shall fix a time and place for the hearing and cause
the standard writings of the testator. (Bonilla v. notice thereof to be given as in case of an original
Aranza, G.R. No. L-58509, 1982) will presented for allowance. (Rule 77, Secs. 1 and
2; Leon & Ghezzi v. Manufacturer Life Insurance
2. GROUNDS FOR DISALLOWANCE OF Co, G.R. No. L-3677, 1951)
WILL
4. REQUISITES BEFORE WILL PROVED
Disallowance of Will OUTSIDE ALLOWED IN THE PHILIPPINES
a. If the formalities required by law (execution and
attestation) have not been complied with Requisites Before a Will Proved Abroad Will Be
b. If the testator was insane, or otherwise Allowed in the Philippines
mentally incapable of making a will at the time 1. The testator had his domicile in a foreign
of its execution country
c. If it was executed through force or under 2. The will has been admitted to probate in such
duress, or the influence of fear or threats country – due execution of the will in
d. If it was procured by undue and improper accordance with foreign laws
pressure and influence on the part of the 3. The fact that the foreign tribunal is a probate
beneficiary or of some other person court with jurisdiction over the proceedings
e. If the signature of the testator was procured by 4. The law on probate procedure of the said
fraud or trick foreign country and proof of compliance
f. If the testator acted by mistake or did not intend therewith
that the instrument he signed should be his will 5. The legal requirements in said foreign country
at the time of affixing his signature thereto for the valid execution of the will. (Vda. de
(Rule 76, Sec. 9; Civil Code, Art. 839) Perez v. Tolete, G.R. No. 76714, 1994)
The list is EXCLUSIVE. No other grounds can Foreign Laws Must be Proved
serve to disallow a will. A person who seeks to reprobate a will executed
in a foreign country must prove the laws and
Contesting a Will procedure of that foreign country on wills (Ancheta
In order that a person may be allowed to intervene v Guersey-Dalaygon, G.R. No. 139868, June 8,
in a probate proceeding, he must have an interest 2006)
in the estate, or in the will, or in the property to be
affected by it either as executor or as a claimant of In the absence of proof of the foreign law, it is
the estate (Sumilang v Ramagosa, G.R. No. L- presumed that it is the SAME as in the Philippines.
23135, 1967) (ATCI Overseas Corporation v. Echin, G.R. No.
178551, 2010)
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The court having jurisdiction over the reprobate of As a corollary rule, Section 4, Rule 77 of the Rules
a will SHALL CAUSE NOTICE thereof to be given provides that such estate after payment of just
as in the case of an original will presented for debts and expenses of administration shall be
allowance. Thus, the PUBLICATION and NOTICE disposed of according to such will, so far as such
REQUIREMENTS as stated in Sections 3 and 4 of will may operate upon it. Whatever public policy or
Rule 76 of the Rules of Court ARE REQUIRED in good customs may be involved in our system of
the reprobate. (Rule 77, Sec. 2) legitimes, Congress has not intended to extend the
same to the succession of foreign nationals. In any
The will of an alien who is abroad produces effect case, the Court has also ruled that if land is
in the Philippines if made with the formalities invalidly transferred to an alien who subsequently
prescribed by the law of the place in which he becomes a citizen or transfers it to a citizen, the
resides, or according to the formalities observed in flaw in the original transaction is considered cured
his country, or in conformity with those which this and the title of the transferee is rendered valid.
Code prescribes. Thus, proof that both wills (Ancheta v. Guersey-Dalaygon, G.R. No. 139868,
conform with the formalities prescribed by New 2006)
York laws or by Philippine laws is imperative. (Vda.
de Perez v. Tolete, G.R. No. 76714, 1994) Administration
Administration extends only to the assets of the
5. EFFECTS OF PROBATE decedent found in the State where the letters of
administration was granted. (Leon &Ghezzi v.
Effects of Probate Manufacturer Life Ins., G.R. No. L-3677, 1951)
After the finality of the allowance of a will, the issue
as to the voluntariness of its execution (soundness Two Kinds of Administrator
of mind, formal requisites of the will) cannot be A. Principal Administrator: granted to the
raised anymore (Gallanosa v. Arcangel, G.R. No. person(s) in the jurisdiction of the decedent’s
L-29300, 1978). last domicile;
B. Ancillary Administrator: granted in any other
Effects of Reprobate: jurisdiction. It is the general theory that the
1. The will shall have the same effect as if ancillary administrator must remit the balance
originally proved and allowed in the of the estate in his territorial jurisdiction to the
Philippines. principal administrator. (Johannes v. Harvey,
2. Letters testamentary or administration with a G.R. No. 18600, 1992; Tayag v. Benguet, G.R.
will annexed shall extend to all estates in the No. L-23145, 1968)
Philippines.
3. Such estate, after the payment of just debts These two proceedings are separate and
and expenses of administration, shall be independent of each other. (CIR v. Fisher, et al.,
disposed of according to the will, so far as such G.R. No. L-11668, 1968)
will may operate upon it, and the residue, if
any, shall be disposed of as provided by law in F. LETTERS TESTAMENTARY AND OF
cases of estates in the Philippines belonging to ADMINISTRATION
persons who are inhabitants of another
country. 1. WHEN AND TO WHOM LETTERS OF
4. Any residue shall be disposed of as provided ADMINISTRATION GRANTED
for estates in the Philippines belonging to
persons who do not reside in the country (Rule Executor
77, Sec. 4) The person named in the will to administer the
decedent’s estate and carry out the provisions
Under Article 16 of the Civil Code, it is the national thereof.
law of the decedent that is applicable. Article 1039
further provides that “capacity to succeed is
governed by the law of the nation of the decedent.”
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Letters Testamentary Moral Turpitude: An act of baseness, vileness, or

The authority issued to an executor named in the depravity in the private duties which a man owes
will when a will has been proved and allowed and his fellow men, or to society in general, contrary to
the person named therein is competent, accepts the customary rule of right and duty between man
the trust and gives a bond. and woman, or contrary to justice, honesty,
modesty, or good morals (Republic v. Marcos II,
Administrator G.R. Nos. 130371 & 130855, 2009). BUT: Not
The person appointed by the court to administer every criminal act involves moral turpitude.
the estate. Where the decedent died intestate, or
where the will was void and not allowed to probate, 4. The executor of an executor cannot administer
or where no executor was named in the will, or the the estate of the first testator (Rule 78, Sec. 2)
executor named therein is incompetent to serve as In this situation, the court may appoint an
such. administrator de bonis non as the new
administrator after the death of an executor
Letters of Administration who was not able to settle the estate of the first
The authority issued by the court to a competent decedent during his lifetime (Villanueva v.
person when: Chavez, G.R. No. 7671, 1913).
a. The decedent died intestate; or
b. Although there is a will, the will does not Other Limitations
appoint any executor; or A corporation/association authorized to conduct
c. Executor named in the will is incompetent, the business of a trust company in the Philippines
refuses the trust or fails to give a bond. may be appointed as an executor, administrator,
guardian of an estate, or trustee, in like manner as
Qualifications an individual; but it shall not be appointed guardian
1. At least 18 years old of the person of a ward. (Civil Code, Art. 1060)
2. A resident of the Philippines; and
3. The court deems such person as fit The marriage of a single woman also shall NOT
affect her authority to serve under a previous
Persons Who Are INCOMPETENT to Serve As appointment. (Rule 78, Sec. 3)
Executors/Administrators
1. Minor If one has liabilities to the estate, he cannot
2. Non-resident perform the duties of an administrator. This is
considered an adverse interest to the estate which
While there is no statutory requirement that renders him unsuitable to act as administrator.
only residents may be appointed Executors / (Lim v. Diaz-Millarez, G.R. No. L-17633, 1966).
Administrators, the courts should not consent
to the appointment of persons as Several Co-Executors Named in the Will But
administrators or guardians who are not Not All Can Act
personally subject to the jurisdiction of If all of the named co-executors cannot act
[Philippine courts] (Guerrero v. Teran, G.R. No. because of incompetency, refusal to accept the
L-4898, 1909) trust, or failure to give bond on the part of one or
more of them, letters testamentary may issue to
3. One who, in the opinion of the court, is unfit to such of them as are competent, or who accept the
exercise the duties of the trust by reason of: trust, or give bond, and they may perform the
(a) Drunkenness duties and discharge the trust required by the will.
(b) Improvidence (Rule 78, Sec. 5)
(c) Want of understanding/integrity
(d) Conviction of an offense involving moral Revised Circular No. 28-91 and Administrative
turpitude Circular No. 04-94 of the Court require a
certification against forum shopping for all initiatory
pleadings filed in court. However, in this case, the
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petition for the issuance of letters testamentary is 2. ORDER OF PREFERENCE

not an initiatory pleading but a mere continuation
of the original petition for the probate of Dr. Order of Preference in Granting Letters of
Nittscher’s will. Hence, respondent’s failure to Administration
include a certification against forum shopping in 1. Surviving spouse or
his petition for the issuance of letters testamentary 2. Next of kin or
is not a ground for outright dismissal of the said 3. Both in the discretion of the court, or
petition. (Nittscher v. Nittscher, G.R. No. 160530, 4. To such person as the abovementioned
2007) requests to have appointed, if competent and
willing to serve.
Comparative Table of Authority Issued
WHEN Surviving Spouse
AUTHORITY DEFINITION Surviving spouse is not only a partner in the
ISSUED
The authority The executor conjugal partnership but it also an heir of
issued to the is: deceased. (Guzman v. Limcolioc, G.R. No. L-
executor 46320, 1939)
Letters named in the - Competent;
Testamentary will to manage - Accepts the Next of Kin
and trust; and Next of Kin are those persons who are entitled
administer the - Gives the under the statute of distribution to the decedent’s
estate required bond property (Angeles v. Maglaya, G.R. No. 153798,
The authority 2005)
issued by the
There is a will It is generally said that the nearest of kin, whose
court to a
but the interest in the estate is more preponderant, is
competent
executor is: preferred in the choice of administrator. Among
person to
Letters of administer the members of a class the strongest ground for
- preference is the amount or preponderance of
Admin. with estate of the
Incompetent; interest. As between next of kin, the nearest of kin
the Will deceased if
- Refuses the is to be preferred. (In re Testate Estate of the Late
Annexed the executor
trust; or Gregorio Ventura, G.R. No. L-26306, 1988)
named in the
- Fails to give
will refuses to
the required To determine next of kin, the probate court may
accept the
bond pass upon the question of filiation especially when
office, or is
incompetent the application for letters of administration claims
The authority to the decedent’s heir. (Angeles v. Maglaya, G.R.
issued by the No. 153798, 2005)
Decedent
court to a
dies intestate; Even assuming that Felicisimo was not
competent
or capacitated to marry respondent in 1974,
person to
Letters of nevertheless, we find that the latter has the legal
administer the
Admin. The will is personality to file the subject petition for letters of
estate of the
void or is not administration, as she may be considered the co-
deceased
admitted to owner of Felicisimo as regards the properties that
who died
probate were acquired through their joint efforts during
intestate or
with a void will their cohabitation. (San Luis v. San Luis, G.R. No.
133743, 2007)
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PRINCIPAL CREDITORS Rule 78 for its observance, so may the thirty (30)
day period be likewise be waived under the
When Principal Creditor Can Administer Estate permissive tone which merely provides that said
If the surviving spouse, next of kin or their nominee letters as an alternative “may” be granted to one or
be incompetent or unwilling to serve OR if the more of the principal creditors. (Gabriel v. CA,
surviving spouse or next of kin NEGLECTS FOR G.R. No. 101512, 1992)
30 DAYS after the death of the decedent to apply
for administration by them or their nominee, Letters of administration may be granted to any
anyone or more of the principal creditors, IF person or any other applicant even if there are
competent and willing to serve; other competent persons with a better right to the
administration IF such persons fail to appear when
Strangers or Any Qualified Applicant notified and claim the letters to themselves. (Rule
79, Sec. 6)
If there is no such creditor competent and willing
to serve, it may be granted to such other person Administration may be granted to such other
as the court may select (stranger) even if it person as the court may appoint in case the
appears that there are other competent persons persons who have preferential right to be
having better right to the administration if the latter appointed are NOT competent or are UNWILLING
fail to appear when notified and claim the issuance to serve. It is proper to command the court below
of letter themselves. to appoint a regular administrator (hence,
MANDAMUS lies) but it is NOT proper to tell whom
Paramount Consideration of Appointment to appoint. (Reynoso v. Santiago, 85 Phil 268,
Prospective administrator’s interest in the estate. G.R. No. L-3039, 1949)
Rationale: Those who will reap the benefit of a A probate court cannot arbitrarily and without
wise, speedy and economical administration of the sufficient reason disregard the preferential rights
estate, or, in the alternative, suffer the of the surviving spouse to the administration of the
consequences of waste, improvidence or estate of the deceased spouse. But, if the person
mismanagement, have the highest interest and enjoying such preferential rights is unsuitable, the
most influential motive to administer the estate court may appoint another person. The
correctly. determination of a person's suitability for the office
of administrator rests, to a great extent, in the
The underlying assumption is that those who will sound judgment of the court exercising the power
reap the benefits of a wise / speedy / economical of appointment and such judgment will not be
administration of the estate or those who will most interfered with on appeal unless it appears
suffer the consequences of waste / improvidence / affirmatively that the court below was in error.
mismanagement have the higher interest and (Sioca v. Garcia, G.R. No. L-20080, 1923)
most influential motive to administer the estate
correctly. Co-Administrators are Allowed
1. To have the benefits of their judgment and
The person to be appointed administrator of a perhaps at all times to have different interests
decedent’s estate must demonstrate not only an represented (Suntay III v. Cojuangco-Suntay,
interest in the estate, but an interest therein G.R. No. 183053, 2012);
greater than any other candidate. (Suntay III v. 2. Where justice and equity demand that
Cojuangco-Suntay, G.R. No. 183053, 2012) opposing parties / factions be represented in
the management of the estate of the deceased
Order of Preference AND Thirty (30) Day (Id.);
Period: NOT Mandatory 3. Where the estate is large, or from any cause,
Just as the order of preference is NOT absolute an intricate and perplexing one to settle (Id.)
and may be disregarded for valid cause despite 4. To have all interested persons satisfied and the
the mandatory tenor in the opening sentence of representatives to work in harmony for the best
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interest of the estate (Gabriel v. CA, G.R. No. Assignment of rights: no interest to participate
101512, August 7, 1992); and therein
5. When a person entitled to the administration of Where an heir has validly assigned all his rights to
an estate desires to have another competent the estate before the institution of settlement
person associated with him in the office proceedings thereover, he no longer has the
Suntay, citing In re: Fichter’s Estate, 279 requisite interest to participate therein. (Duran, et
N.Y.S. 597) al. v. Duran, G.R. No. L-23372, 1967)
Note: It is desirable that the administration of the Where the assignment is made during the
deceased's estate be marked with harmonious pendency of settlement proceedings, it requires
relations between co-administrators. But for mere approval of the court for its validity. However, it has
disagreements between such joint fiduciaries, been held that in this situation, even if that
without misconduct, one's removal is not favored. assignment has been approved by the court, such
(Gonzales v. Aguinaldo, G.R. No. 74769, 1990) approval is not deemed final until the proceeding
over the estate is closed, as such approval can still
3. OPPOSITION TO ISSUANCE OF LETTERS be vacated, hence the assignor remains as an
TESTAMENTARY, SIMULTANEOUS FILING interested party in the proceeding. (Gutierrez v.
OF PETITION FOR ADMINISTRATION Villegas, et al., G.R. No. L-11848, 1962)
Who may oppose issuance Order of Appointment of Regular

Any interested person in the will can oppose. Such Administrators
opposition should state the grounds why the letters The order of appointment of regular administrators
testamentary should not issue in writing and he is FINAL and therefore, APPEALABLE.
may attach a petition for letters of administration
with the will annexed. (Rule 79, Sec. 1) Effect of Appeal Appointing New Administrator
Where the order of the court appointing a new
Grounds for Opposing administrator in substitution of the original
1. In Letters Testamentary administrator is pending appeal, and in the
(a) Incompetence absence of any order for the immediate execution
(b) Refusal of trust of the order of substitution, the old administrator
(c) Failure to give bond HAS THE RIGHT TO CONTINUE as such until the
appeal is finally disposed of. (Herrera, Remedial
2. In Letters of Administration Law III-A Special Proceedings and Special Rules
(d) Incompetence Implementing the Family Courts Act of 1997,
(e) Preferential right under Section 6, Rule 78 2005)
of the Rules of Court
4. POWERS AND DUTIES OF EXECUTORS
“Interest” Is required for one to oppose; AND ADMINISTRATORS; RESTRICTION ON
exception THEIR POWERS
General Rule: A dismissal of a petition for letters
of administration will lie against a person who has Powers and Duties of Executors and
no interest in the estate of the decedent. Administrators
Exception: An objection to a petition for letters of 1. To have access to, and examine and take
administration may be barred by waiver or copies of books and papers relating to the
estoppel. A party who has affirmed and invoked partnership in case of a deceased partner;
the jurisdiction of the court in a particular matter to 2. To examine and make invoices of the property
secure an affirmative relief cannot be allowed to belonging to the partnership in case of a
afterwards deny the same to escape penalty. deceased partner;
(Pilipinas Shell Petroleum Corp. v. Dumlao, G.R. 3. To make improvements on the properties
No. 44888, 1992) under administration with the necessary court
approval, except for necessary repairs;
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4. To maintain in tenantable repair the houses Conditions of the Bond

and other structures and fences and to deliver 1. To make and return to the court, within three
the same in such repair to the heirs or devisees (3) months, a true and complete inventory of all
when directed to do so by the court; goods, chattels, rights, credits, and estate of
5. To possess and manage the estate when the deceased which shall come to his
necessary for (a) the payment of debts and (b) possession or knowledge or to the possession
the payment of expenses of administration; of any other person for him;
6. Make a true inventory and appraisal of all 2. To administer according to these rules, and, if
real/personal property of decedent within three an executor, according to the will of the
(3) months after his appointment (except testator, all goods, chattels, rights, credits, and
clothes of family, marriage bed, and other estate which shall at any time come to his
articles for subsistence of family). possession or to the possession of any other
7. Render an account of his administration within person for him, and from the proceeds to pay
one (1) year from the time of receiving letters and discharge all debts, legacies, and charges
testamentary or of administration and he shall on the same, or such dividends thereon as
render such further accounts as the courts may shall be decreed by the court;
require until the estate is wholly settled; 3. To render a true and just account of his
8. Give allowance to legitimate surviving spouse administration to the court within one (1) year,
or children of the decedent if the court decrees and at any other time when required by the
such (grandchildren are not entitled). court;
4. To perform all orders of the court by him to be
An administrator or executor has all the powers performed.
necessary for the administration of the estate and
which powers he can exercise without leave of The bond posted by administrators and executors
court. is intended as an indemnity to the creditors, the
heirs and the estate. The court shall fix the amount
Other Incidents of Administration thereof and hold it accountable for breach of duty
However, if the lease contract exceeds one year, on the part of the administrator or executor. The
the same is no longer a mere act of administration enforcement of such liability may be brought by
(Civil Code, Art. 1878), and leave of court is motion in the administration proceedings or in a
required. separate civil action. (Mendoza v. Pacheco, G.R.
No. 43351, 1937)
Properties under the name and possession of an
administrator are considered as properties in Administrator’s Bond
custodia legis. Thus, they cannot be attached even It is a statutory bond. Conditions prescribed by the
by creditors of the decedent. (Lizaragga v. Abada, statute form part of bond agreement.
49 Phil. 124, G.R. No. 13910, 1919)
Terms and effectivity of bond do not depend on
An administrator is required to handle and marshal payment of premium and do not expire until the
all assets of the deceased (Vasquez v. Porte, G.R. administration is closed. As long as the probate
No. L-6767, February 28, 1956) and manage the court retains jurisdiction of the estate, the bond
estate wisely and economically and in a contemplates a continuing liability. (Herrera,
businesslike manner. (Tambunting v. San Jose, Remedial Law III-A Special Proceedings and
G.R. No. L-8162, August 30, 1955) Special Rules Implementing the Family Courts Act
of 1997, 2005)
Bonds of Executors and Administrators
Before an executor or administrator enters upon Executor’s Bond
the execution of his trust, he SHALL give a bond, An executor MAY serve without bond if the testator
in such a sum as the COURT directs. in his will stipulates such condition. However, the
court MAY require that the executor file a bond in
case of a change in his circumstances or for other
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sufficient cause with the conditions stipulated in Necessary Expenses

Section 1, Rule 81 of the Rules of Court. Necessary expenses of administration are such
expenses as are needed for the preservation and
Restrictions on the Power of an productivity of the estate and for its management
Administrator/Executor for purposes of liquidation, payment of debts and
1. Cannot acquire by purchase, even at public or distribution of the residue among persons entitled
judicial auction, either in person or mediation of thereto.
another, the property under administration
2. Cannot borrow money without authority of the An administrator or executor may be allowed fees
court for the necessary expenses he has incurred as
3. Cannot speculate with funds under such, but he may not recover attorney's fees from
administration the estate. His compensation is fixed by the rule
4. Cannot lease the property under but such compensation is in the nature of
administration for more than one (1) year executor's or administrator's commissions, and
5. Cannot continue the business of the deceased never as attorney's fees. A greater sum [other than
unless authorized by the court that established by the rule] may be allowed in any
6. Cannot profit by the increase/decrease in the special case, where the estate is large, and the
value of the property under administration settlement has been attended with great difficulty,
and has required a high degree of capacity on the
Where estate of a deceased is already the subject part of the executor or administrator. (Lacson v.
of a testate or intestate proceeding, the Reyes, G.R. No. 86250, 1990)
administrator cannot enter into any transaction
involving it without approval of the court. (Herrera, An executor or administrator may be allowed fees
Remedial Law III-A Special Proceedings and for the necessary expenses he has incurred as
Special Rules Implementing the Family Courts Act such, but he may not recover attorney's fees from
of 1997, 2005) the estate. His compensation is fixed by the rule
but such is in the nature of his commissions,
Accountability and Compensation of and never as attorney's fees.
Executors and Administrators 1. The lawyer of an executor or administrator may
1. Executor or administrator shall be chargeable not charge the estate for his fees, but farther,
with all estate and income; must charge his client.
2. An executor or administrator cannot profit by 2. Such fee is a personal liability of the executor /
increase or suffer loss by decrease or administrator (Sato v. Rallos, G.R. No. L-
destruction without his fault, of any part of the 17194, 1964)
estate;
3. No executor or administrator shall be 5.APPOINTMENT OF SPECIAL
accountable for debts due the deceased which ADMINISTRATOR
remain uncollected without his fault;
4. An executor or administrator shall be Special Administrator
accountable for income from realty used by Representative of a decedent appointed by a
him; probate court to care for and preserve his estate
5. An executor or administrator shall be until an executor or general administrator is
accountable if he neglects or delays to raise appointed.
money by collecting debts or pay over the
money that he has in his hands and the value When Appointed
of the estate decreases because of such act. 1. Delay in granting of letters testamentary or of
6. An executor or administrator shall be allowed administration, including appeal in the probate
the NECESSARY expenses for the care, of the will. (Rule 80, Sec. 1)
management, and settlement of the estate, 2. Executor is a claimant of the estate he
and for his services. represents. (Rule 86, Sec. 8) In this case, a
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special administrator shall be appointed by the The selection or removal of special administrators
court with respect to such claim. is not governed by the rules regarding the
selection or removal of regular administrators.
Pending appeal of an order substituting an old Courts may appoint or remove special
administrator with a new administrator, a special administrators based on grounds other than those
administrator may NOT be appointed. (Relucio v. enumerated in the Rules, at their discretion. (Co v.
San Jose,G.R. No. L-4683 May 29, 1952) Rosario, G.R. No. 160671, 2008)
Objectives; Broad Basis for Appointment of Order of Preference Under Rule 78, Sec. 6 Not
Special Administrator Applicable to Special Administrators
The principal objective of the appointment is to The preference under Sec. 6, Rule 78, for the next
preserve the estate until it can pass to the hands of kin refers to the appointment of a regular
of a person full authorized to administer it for the administrator, and not of a special administrator,
benefit of creditors and heirs, pursuant to SEC. 2, as the appointment of the latter lies entirely in the
RULE 80 (Ocampo v. Ocampo, G.R. No. 187879, discretion of the court, and is not appealable (Tan
2010). v. Geodorio, G.R. No. 166520, 2008)
The appointment of a special administrator is w/in Notice requirement under Rule 79, Sec. 3, is
court’s discretion, but [it] must be exercised with essential
reason, guided by the directives of equity, justice, The requirement of a hearing and the notification
and legal principles (Manungas v. Loreto, G.R. No. to all the known heirs and other interested parties
193161, 2011). as to the date thereof is ESSENTIAL to the validity
of the proceeding for the appointment of a special
The order of preference in the appointment of administrator. Notice through publication of the
regular administrators does not apply to the petition is a jurisdictional requirement even in the
appointment of a special administrator but such appointment of a special administrator. (De
order of preference may be followed by the judge Guzman v. Angeles, G.R. No. 78590, 1988)
in the exercise of sound discretion. (Matias v.
Gonzales, G.R. No. L-10907, 1957) Duties/Powers of the Special Administrator
1. Possession and charge of the goods, chattels,
The position of special administrator is one of trust rights, credits and estate of the deceased;
and confidence. It is a fiduciary position and, 2. Preserve the same;
therefore, requires a comprehensive 3. Commence and maintain suit for the estate;
determination of the suitability of the applicant to 4. Sell only perishable property ordered by the
such position. Under Philippine jurisprudence, the court;
same fundamental and legal principles governing 5. Pay debts only as may be ordered by the court;
the choice of a regular administrator should be 6. Make a true inventory and appraisal of all
taken in choosing the special administrator. It is real/personal property of decedent within three
essential that the suitability of the applicant be (3) months after his appointment (except
ascertained in a hearing with due notice to all clothes of family, marriage bed, and other
oppositors who may object precisely to the articles for subsistence of family);
applicant's suitability to the trust. (De Guzman v. 7. Render a true and just account of his
Angeles, G.R. No. 78590, 1988) administration within one (1) year of
appointment;
Even if special administrators had already been 8. Perform all orders by the court;
appointed, once the probate court finds the 9. Give allowance to legitimate surviving spouse
appointees no longer entitled to its confidence, it is or children of the decedent if the court decrees
justified in withdrawing the appointment and giving such (grandchildren are not entitled);
no valid effect thereto. (Ocampo v. Ocampo, G.R. 10. Deliver property he received to person
No. 187879, 2010) appointed as executor or administrator or to
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such other person as may be authorized by the letters test. or

court. admin
Decedent
Special Administrator’s Bond fails to When
A special administrator, BEFORE entering upon appoint an executor or
the duties of his trust SHALL give a bond, in such executor in administrator
sum as the court directs. It is CONDITIONED upon the will is a claimant
the following: against the
1. He will make and return a true inventory of the estate, but
goods, chattels, rights, credits and estate of only as to the
the deceased which come to his possession portion over
and knowledge; and which there is
2. He will truly account for such as are received a claim
by him when required by the court, and will
deliver the same to the person appointed 6. GROUNDS FOR REMOVAL OF
executor or administrator, or to such other EXECUTORS AND ADMINISTRATORS
person as may be authorized to receive them.
(Rule 81, Sec. 4) Who may ask for removal of administrator?
Textually, the Rules are silent. However,
When Powers of Special Administrator Cease jurisprudence provides that a creditor, even a
When letters testamentary or of administration are contingent one, would have the personality to seek
granted and questions causing the delay are relief, [due to his interest in the preservation of the
resolved, on the estate of the deceased, the estate’s assets to answer for his debt] (Hilado v.
powers of the special administrator shall cease. CA, G.R. No. 164108, 2009).
He shall then deliver to the executor or Grounds for Removal of

administrator the goods, chattels, money, and Executor/Administrator (NOT exclusive)
estate of the deceased in his hands. The executor a. Neglect to render accounts (within one (1) year
or administrator may prosecute to final judgment when the court directs)
suits commenced by such special administrator. b. Neglect to settle estate according to the Rules
of Court
Distinguish Regular from Special c. Neglect to perform an order/judgment of the
Administrator court or a duty expressly provided by the Rules
REGULAR SPECIAL of Court
DISTINCTION
ADMIN ADMIN d. Absconding
Interlocutory, e. Insanity or incapacity or unsuitability to
The discharge the trust (Rule 82, Sec. 2)
and not
appointment
appealable.
Appealable? is final, and The lawful acts of an executor or administrator
Remedy is
thus, BEFORE the revocation of his letters testamentary
Rule 65
appealable. or administration or before resignation or removal
petition.
Not shall have the like validity as if there had been no
Empowered such revocation, resignation or removal.
empowered
Power to pay to pay and
to pay and
debts of the discharge all Other Grounds under Case Law
discharge all
estate the debts of a. Court loses confidence in the administrator (Co
the debts of
the estate v. Rosario, G.R. No. 160671, 2008);
the estate
Decedent b. An administrator who disbursed funds of the
When Delay in estate without judicial approval (Cotia v.
dies intestate;
appointed? granting Jimenez, G.R. No. L-12132, 1958);
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c. False representation by an administrator in Resignation of Administrator

securing his appointment (Cobarubbias v. The following steps must be made before the
Dizon, G.R. No. L-225, 1946); court may accept the resignation of administrator:
d. An administrator who holds an adverse interest 1. Administrator submits a resignation letter to
to that of the estate, or by his conduct showing the court; and
his unfitness to discharge the trust (Uy v. Ca, 2. Administrator prepares an inventory of the
G.R. No. 167979, 2006); and properties in his possession
e. An administrator who has the physical inability
and consequent unsuitability to manage the F. CLAIMS AGAINST THE ESTATE
estate (De Borja v. Tan, G.R. No. L-6476,
1955). Requirement to File Claims Against the Estate
AFTER granting letters testamentary or of
Powers of a New Executor/Administrator (After administration, the COURT shall issue a NOTICE
the First Resigns, is Removed, or Letters requiring all persons having money claims against
Revoked) the decedent to file them in the office of the clerk
1. Collect and settle the estate not administered of court. (Rule 86, Sec. 1)
2. Prosecute/defend actions commenced by or
against the former executor/administrator Purpose of Filing Claims Against The Estate
3. Recover execution on judgments in the name The purpose of presentation of claims against
of former executor/administrator decedents of the estate in the probate court is to
protect the estate of deceased persons. That way,
When administration may be revoked the executor / administrator will be able to examine
1. If the letters of administration have been each claim and determine whether it is a proper
granted because of the belief that the one which should be allowed. Further, the primary
decedent had died intestate; and object of the provisions requiring presentation is to
2. Subsequently, a will is discovered and allowed apprise the administrator and the probate court of
by the court the existence of the claim so that a proper and
timely arrangement may be made for its payment
The revocation of administration produces the in full or by pro-rata portion in the due course of
following consequences: the administration, inasmuch as upon the death of
1. All powers under letters of administration a person, his entire estate is burdened with the
cease; payment of all of his debts and no creditor shall
2. The Administrator shall surrender the letters to enjoy any preference or priority; all of them shall
the court; share pro-rata in the liquidation of the estate of the
3. The administrator must render his account deceased.(Estate of Olave v. Reyes, G.R. No. L-
within the time given by the court; and 29407, 1983)
4. Proceeding for issuance of letters
testamentary or administration shall be Claims That May Be Filed Against The Estate
followed 1. Money Claims;
2. Claims for Funeral Expenses;
It is within the court’s discretion to decide whether 3. Claims for Last Sickness of the Decedent;
or not the intestate proceeding should be 4. Judgment for Money Against The Defendant
discontinued and a new proceeding should be (Rule 86, Sec. 5)
constituted.
Money Claims
The discovery of a will does not ipso facto nullify This refers to all money claims arising out of
the administration unless the will has been proved contract, quasi-contract, or law but DO NOT
and allowed. (De Parreño v. Aranzanso, G.R. No. REFER TO those arising from crime or quasi-
L-26940, 1982) delict. Claims for money which are founded on tort
or crime are NOT MONEY CLAIMS and should
thus be filed against the executor or administrator
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or against the heirs (People v. Bayotas, G.R. No. the decedent as if he were the only debtor. (Rule
102007, 2004) 86, Sec. 6)
These claims may be: There is no need to implead the estate of the
a. Due or not due; or decedent which is solidarily liable with another
b. Absolute or Contingent person in a collection case filed against the latter.
The estate of the decedent is not considered an
ABSOLUTE CLAIM: This is such as claim as, if indispensable party. The whole amount of
contested between living persons, would be the obligation may proceed against any one of the
proper subject of immediate legal action and would solidary debtors pursuant to Art. 1216 of the Civil
supply a basis of a judgment for a sum certain Code. (Boston Equity Resources, Inc. v. Court of
(Gaskell v. Tan Sit, G.R. No. 18405, 1922). Appeals, G.R. No. 173946, 2013)
CONTINGENT CLAIM: It is one in which liability When the spouses are sued for the enforcement
depends on some future event that may or may not of an obligation entered into by them, they are
happen, and which makes it uncertain whether being impleaded in their capacity as
there will be any liability at all. representatives of the conjugal partnership and
not as independent debtors such that the concept
The rules provide that a contingent claim is to be of joint or solidary liability, as between them, does
presented in the administration proceedings in the not apply. Even assuming that to be true, the
same manner as any ordinary claim, and that nature of the obligation involved in this case is not
when the contingency arises which converts the solidary but rather merely joint (Alipio v. CA, G.R.
contingent claim into a valid claim, the court should No. 134100, September 29, 2000).
then be informed that the claim had already
matured (Buan v. Laya, G.R. No. L-7593, 1957) Mortgage Debt Due From Estate
A Creditor Holding a Claim AGAINST the
DEFICIENCY JUDGMENT: A deficiency Deceased Secured by Mortgage or Other
judgment is a contingent claim and therefore, must Collateral Security May:
be filed with the probate court where the a. Abandon the security and prosecute his claim
settlement of the deceased is pending (First Nat’l against the estate and share in the general
City Bank v. Cheng Tan, G.R. No. L-14234, 1962). distribution of the assets of thereof;
b. Foreclose his mortgage or realize upon his
What happens to actions for money claims that security by action in court, making the executor
are already pending in court against the or administrator a party defendant and if there
decedent at the time of his death is judgment for deficiency, he may file a
When the action is for recovery of money arising contingent claim against the estate within the
from contract, express or implied, and the statute of non-claims; OR
defendant dies before entry of final judgment in the c. Rely solely on his mortgage and foreclose
court in which the action was pending at the time (judicial or extrajudicial) the same at anytime
of such death, it shall not be dismissed but shall within the period of the statute of limitations but
instead be allowed to continue until entry of final he cannot be admitted as creditor and shall not
judgment. A favorable judgment obtained by the receive in the distribution of the other assets of
plaintiff therein shall be enforced in the manner the estate. He will have no right to claim
especially provided in these Rules for prosecuting deficiency. (Rule 86, Section 7; PNB v. CA,
claims against the estate of a deceased person. G.R. No. 121597, 2001)
(Rule 3, Sec. 20)
The above remedies are distinct, independent,
Solidary Obligations and exclusive of each other (PNB v. CA, G.R.
Where the obligation of the decedent is solidary No. 121597, 2001).
with another debtor, the claim shall be filed against
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This rule applies to mortgages entered into by the 2. STATUTE OF NON-CLAIMS

decedent prior to his death, but also to mortgages
entered into by the administrator/executor for The Statute of Non-Claims refers to the specific
the benefit of the estate. Section 7, Rule 89 - period fixed by the probate court (following the 6-
that once the deed of real estate mortgage is 12 month range) for the filing of claims against the
recorded in the proper Registry of Deeds, together estate for examination and allowance; otherwise,
with the corresponding court order authorizing the the claims are barred forever.
administrator to mortgage the property, said deed
shall be valid as if it has been executed by the The guidelines as to the statutes of non-claims are
deceased himself (PNB v. CA, G.R. No. 121597, as follows:
2001). 1. The period fixed by the probate court must not
be less than six months nor more than 12
1. TIME WITHIN WHICH CLAIMS SHALL BE months from the date of first publication of the
FILED; EXCEPTIONS notice
2. Such period once fixed by the court is
General rule: Within the time fixed in the notice mandatory and it cannot be shortened
which shall not be more than twelve (12) months 3. The statute of non-claims supersedes the
nor less than six (6) months after the date of the statute of limitations.
FIRST publication.
The rule requires certain creditors of a deceased
Otherwise, the claims are barred forever. person to present their claims for examination and
allowance within a specified period, the purpose
Exception: BELATED CLAIMS – Claims not filed thereof being to settle the estate with dispatch, so
within the original period fixed by the court. that the residue may be delivered to the persons
entitled thereto without their being afterwards
On application of a creditor who has failed to file called upon to respond in actions for claims, which,
his claim within the time previously limited, at any under the ordinary statute of limitations, have not
time before an order of distribution is entered, the yet prescribed. (Santos v. Manarang, G.R. No. L-
court may, for cause shown and, on such terms, 8235, 1914)
as are equitable, allow such claim to be filed not
exceeding one (1) month from the order allowing The statute of non-claims supersedes the statute
belated claims (the order may either be in open of limitations insofar as the debts of deceased
court or not). (Rule 86, Sec. 2) persons are concerned because if a creditor fails
to file his claim within the time fixed by the court in
Note: Money claims against the estate may be the notice, them the claim is barred forever (In re:
allowed any time before an order of distribution is Estate of De Dios, G.R. L-7940, Mar. 27, 1913).
entered, at the discretion of the court for cause and
upon such terms as are equitable. At the time Exception 1:
petitioner’s motion to direct payment of the The court, for good cause shown, may grant a
judgment credit was filed, no order of one-month period for a creditor to file a claim
distribution was issued yet (Echaus v. Blanco, which he failed to bring during the original period
G.R. No. L-30453, 1989). granted for the filing of claims.
But: Under Rule 87, Sec. 2, the court has no Such motion for leave to file a claim beyond the
authority to admit a belated claim for no cause or original period may be filed at any time during the
for an insufficient cause (Barredo v. CA, G.R. No. administration proceedings provided no order of
L-17863, 1962). distribution has yet been entered. (Aquino, et al. v.
Aquino, 103 Phil. 1107; cf. Danan, et al. v.
Buencamino, etc., et al., G.R. No. 57205, 1981)
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Exception 2: Payment of Debts if Estate Sufficient

Claims not filed within the time given in the notice General rule: The payment of the debts of the
MAY be set forth as COUNTERCLAIMS in any estate must be taken (by order of preference):
action that the executor or administrator may bring 1. From the portion or property designated in the
against the claimants. (Rule 86, Sec. 5) will; (Rule 88, Sec. 2)
2. From the personal property, and
A judgment for a money claim against the 3. From the real property.
deceased cannot be enforced by writ of execution.
A judgment against the deceased for a money If there is still a deficiency, it shall be met by
claim must be filed as a claim before the probate contributions by devisees, legatees, or heirs who
court. If death of the defendant occurred prior to have been in possession of portions of the estate
levy, the judgment is NOT enforceable by writ of BEFORE debts and expenses have been settled
execution. The judgment creditor must file a claim and paid. (Rule 88, Sec. 6)
in the probate court.
Exception: Instances When Realty Can Be
Even if the testator acknowledged the debt in his Charged First:
will and instructed the executor to pay such debt, a. When the personal property is not sufficient.
the Statute of Non-Claims MUST still be complied (Rule 88, Section 3)
with. (Santos v. Manarang, G.R. No. L-8235, b. Where the sale of such personalty would be
1914) detrimental to the participants (everyone) of the
estate. (Rule 88, Section 3)
3.CLAIM OF EXECUTOR OR c. When sale of personal property may injure the
ADMINISTRATOR AGAINST THE ESTATE business or interests of those interested in the
estate. (Rule 89, Section 2)
If executor/administrator has a claim, he shall give d. When the testator has not made sufficient
notice to the court in writing and the court provision for payment of such
thereafter shall appoint a special administrator debts/expenses/legacies. (Rule 89, Section 2)
with the same power and subjected to the same e. When the decedent was, in his lifetime, under
liability as the general executor or administrator, contract, binding in law, to deed real property
but only as to the adjustment of the claim. (Rule to beneficiary. (Rule 89, Section 8)
86, Sec. 8) f. When the decedent during his lifetime held real
property in trust for another person. (Rule 89,
The executor or administrator having a claim Section 9)
against the estate cannot simply pay himself from
the estate (Sison v Azarraga, G.R. No. 8470, Order of the Sale of Personal Property
1915) 1. To pay the debts and expenses of
administration.
4. PAYMENT OF THE DEBTS OF THE
2. To pay legacies.
ESTATE
3. To cover expenses for the preservation of the
Requisites Before Payment of Money Claims estate. (Rule 89, Section 1)
Against the Estate
The following requisites must concur before the Regulations for Granting Authority to
executor or administrator may pay the money Sell/Mortgage/Encumber Estates
claims against the estate: 1. The executor/administrator shall file a written
1. A hearing is conducted petition setting forth the debts due from the
2. The amounts of such claims are ascertained, deceased, the expenses of administration, the
and legacies, the value of the personal estate, the
3. There are sufficient assets to pay the debts. situation of the estate to be
sold/mortgaged/encumbered, and such other
facts as show that the
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sale/mortgage/encumbrance is necessary or the executor or administrator and on written notice

beneficial; to interested persons. (Rule 89, Sec. 4)
2. The court shall fix a time and place for hearing
such petition. There MUST be notice served on Opposition to Sale/Mortgage or Encumbrance
the time and place of the hearing to persons of Estate
interested. Any interested person may give a BOND in an
3. The court MAY require that the amount fixed by the court, conditioned to pay the
executor/administrator shall give an additional debts, expenses of administration and legacies to
bond conditioned that such prevent the court from granting the authority to
executor/administrator will account for the sell/mortgage or encumber such property. (Rule
proceeds of the sale/mortgage/encumbrance; 89, Sec. 3)
4. The court may, by order stating compliance
with the abovementioned requirements, Payment of Contingent Claim
authorize the executor/administrator to Contingent Claim
sell/mortgage/encumber, in proper cases, such Claim that is subject to the happening of a future
part of the estate as is deemed necessary, and uncertain event.
in case of sale the court may authorize it to be
public or private, as would be most beneficial to If the court is satisfied that a contingent claim duly
all parties concerned. The filed is valid, it may order the
executor/administrator shall be furnished with a executor/administrator to retain in his hands
certified copy of such order; sufficient estate to pay such contingent claim when
5. If the estate is to be sold at auction, the mode the same becomes absolute, or, if the estate is
of giving notice of the time and place of the sale insolvent, sufficient to pay a portion equal to the
shall be governed by the provisions concerning dividend of the other creditors. (Rule 88, Sec. 4)
notice of execution sale;
6. There shall be recorded in the registry of deeds Requisites for the Estate to be Retained to
of the province in which the real estate Meet Contingent Claims:
thus sold/mortgaged/encumbered is situated, 1. Contingent claim is duly filed within the two (2)
a certified copy of the order of the court, year period allowed for the creditors to present
together with the deed of the claims;
executor/administrator for such real estate, 2. Court is satisfied that the claim is valid;
which shall be as valid as if the deed had been 3. The claim has become absolute. (Rule 88,
executed by the deceased in his lifetime. (Rule Section 5)
89, Section 7)
Contingent Claims Which Mature AFTER the
Sale of Property Acquired on Execution or Two (2) Year Period for Filing of Claims
Foreclosure The assets retained in the hands of the
The court MAY authorize an executor/ executor/administrator, not exhausted in the
administrator to sell/ mortgage/ encumber real payment of claims, shall be distributed by the order
estate acquired by him on execution or foreclosure of the court to the persons entitled to the same.
sale, under the same circumstances and under the
same regulations as prescribed in this rule for the But the assets so distributed MAY still be applied
sale/ mortgage/ encumbrance of other real estate. to the payment of the claim when established, and
(Rule 89, Sec. 6) the creditor may maintain an action against the
DISTRIBUTEES to recover the debt, and such
Sale Beneficial to Interested Persons distributees and their estates shall be liable for the
Sale of personal or real estate may be allowed debt in proportion to the estate they have
when the court finds that it will be BENEFICIAL to respectively received from the property of the
the heirs, devisees and legatees although NOT deceased. (Rule 88, Section 5)
necessary to pay debts, legacies or expenses of
administration. This must be upon application of
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Contributive Share of Devisees/Legatees/Heirs person there found is not equally apportioned to

in Possession of Portions of Estate for Debts the creditors residing in the Philippines and the
If devisees, legatees or heirs have taken other creditors, according to their respective
possession of portions of the estate before the claims. (Rule 88, Section 10)
debts have been settled and paid have become
liable to contribute for the payment of debts and Order of Payment of Debts
expenses, and the court, after hearing, may settle Before the expiration of the time limited for the
the amount of their several liabilities, and order payment of debts, the court shall order the
how much and in what manner each person shall payment thereof. (Rule 88, Section 11)
contribute. (Rule 88, Sec. 6)
Upon APPEAL, the court may suspend the order
Payment of Debts if Estate Insolvent or Assets for the payment of debts OR may order the
Insufficient distribution among the creditors whose claims are
If insufficient estate to pay all debts: The definitely allowed, leaving in the hands of the
executor/administrator shall pay the debts executor/administrator sufficient assets to pay the
according to the concurrence and preference of claim disputed and appealed. (Rule 88, Section
credits provided by Articles 1059 and 2239-2251 12)
of the Civil Code. (Rule 88, Sec. 7)
Time for Payment of Debts and Legacies;
After following the order of preference of credits, if Period for Successor of Deceased
all the creditors belonging to one class cannot be Administrator/Executor
paid in full, then all of them will suffer a reduction Shall not exceed one (1) year in the first instance;
in proportion to that creditor’s claim. No creditor of but court may extend on application of executor
any one class shall receive any payment until /administrator and after hearing and notice thereof.
those of the preceding class are paid. (Rule 88,
Sec. 8) Extension must not exceed six (6) months for
single extension. The whole period allowed to the
Estate of an Insolvent Non-Resident Disposed original executor/administrator shall not exceed
of two (2) years.
His estate in the Philippines shall be so disposed
of that his creditors in and outside the Philippines The successor of dead executor/administrator
may receive an equal share, in proportion to their may be allowed an extension not to exceed six (6)
respective credits. (Rule 88, Section 9) months. (Rule 88, Section 15)
Claim Proven Outside the Philippines Against How to File a Claim

an Insolvent Resident’s Estate Paid Two Methods: How to File
Claims proven outside the Philippines where the a. Delivering the claim with the necessary
executor had knowledge and opportunity to vouchers to the clerk of court and by serving a
contest its allowance therein may be added to the copy to the executor/administrator
list of claims in the Philippines against the estate b. Serve a copy on the executor or administrator.
of an insolvent resident and the estate will be (Rule 86, Sec. 9)
distributed equally among those creditors. The
claims of foreign creditors against insolvent non- An affidavit must support such claim, stating the
residents and against insolvent residents would amount justly due, that no payments have been
not be able to recover from the estate if there is no made thereon which are not credited and that
reciprocity with that creditor’s country granting the there are no offsets to the same.
same benefit to Filipinos. (Rule 88, Section 10)
If the claim is contingent, an affidavit stating the
However, the benefit of this and the preceding particulars must accompany the claim.
sections shall not be extended to the creditors in
another country if the property of such deceased
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Answer of Executor/Administrator Comparative Table: Rule 87 vs. Rule 86

Within fifteen (15) days after service of a copy of RULE 87 RULE 86
the claim on the executor or administrator, he shall As to Whom It May Be Commenced
file his answer admitting or denying the claim. Actions that may be
(Rule 86, Sec. 10) Actions that may be
commenced against
commenced directly
the estate of the
Upon the filing of an answer to a claim, or against the EXEC/AD
deceased
expiration of the time for such filing, the claim shall As to Actions Covered
be set for trial with notice to both parties. (Rule 86,  Money claims,
Sec. 12)  Recovery of real or
debts incurred by
personal property;
the deceased
The judgment of the court approving or  Recovery of any
during his lifetime,
disapproving a claim shall be appealable. (Rule Interest therein
arising from
86, Sec. 13) from the estate;
Contract;
 Enforcement of a
 Claims for Funeral
Lien thereon; or
expenses or for the
 Actions to recover
last Sickness of the
G. ACTIONS THAT MAY BE BROUGHT damages for any
decedent; or
AGAINST EXECUTORS AND Injury to person or
 Judgment for
ADMINISTRATORS property, real or
money against the
personal (i.e. torts)
decedent
1. ACTIONS THAT MAY BE BROUGHT
AGAINST EXECUTORS AND
When Heirs May Sue
ADMINISTRATORS
Heirs may not sue the executor/administrator for
As a rule of thumb, actions which survive the recovery of property left by the decedent UNTIL
decedent’s death should be made against the there is an order of the court assigning such lands
executor or administrator. Only the following to such heir or until the time for paying debts has
actions may be commenced against the executor expired. (Rule 87, Sec. 3)
or administrator:
1. Recovery of real/personal property (or any General Rule: Heirs have no legal standing to sue
interest therein) from the estate; for recovery or protection of property rights of the
2. Enforcement of a lien thereon; deceased.
3. Action to recover damages for an injury to
person or property, whether real or personal. Exceptions:
(Rule 87, Sec. 1) a. Pending the filing of administration
proceedings
Injury to property is not limited to injuries to b. Administration proceedings have already been
specific property, but extends to other wrongs by commenced, but an administrator has not yet
which personal estate is injured or diminished. To been appointed (Go Chan v. Young, G.R. No.
maliciously cause a party to incur unnecessary 131889, 2001)
expenses is certainly injury to that party's property c. The executor or administrator is unwilling or
(Board of Liquidators v. Heirs of Kalaw, G.R. No. refuses to bring suit (Rioferio v. CA, G.R. No.
L-18805, 1967, citing Javier v. Araneta, G.R. No. 129008, 2004)
L-4369, 1953) d. The executor is alleged to have participated in
the act complained of and he is made a party
defendant (Vda. De Reyes v CA, G.R. No. L-
47027, 1989)
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Foreclosure of Mortgage Due to Estate any right debt or duty, the executor or
Executor/administrator CAN foreclose a mortgage administrator may commence and prosecute to
belonging to the decedent. (Rule 87, Sec. 5) final judgment such action for recovery of property.
Discharge of Debt by Executor or The action would be for the benefit of the creditors.
Administrator
An executor or administrator may compound with HOWEVER, he shall not be bound to commence
the debtor of the deceased for a debt due and may the action UNLESS:
give a discharge of such debt on receiving a just 1. Upon application of the creditors;
dividend of the estate of the debtor UPON 2. The creditors making the application pay such
approval of the court. (Rule 87, Sec. 4) part of the costs and expenses;
3. Give security therefore to the executor or the
Concealment/Embezzlement/Conveyance of administrator. (Rule 87, Sec. 9)
Any of the Property of the Deceased
Upon complaint of any interested person in the 2. REQUISITES BEFORE CREDITOR MAY
estate, the court may cite such suspected person BRING AN ACTION FOR RECOVERY OF
to appear before it and examine him on oath on PROPERTY FRAUDULENTLY CONVEYED
the matter of such complaint. BY THE DECEASED
If the suspected person refuses to appear or to Requisites Before Creditor May Bring Action:
answer questions asked of him during the 1. There is a deficiency of assets in the hands of
examination, the court may punish him for an executor/administrator for the payment of
contempt and may commit him to prison until he debts and expenses of administration.
submits to the order of the court. (Rule 87, Sec. 6) 2. In his lifetime, the deceased had made or
attempted to make a fraudulent conveyance of
If even BEFORE the granting of the letters his property or had so conveyed such property
testamentary/letters of administration, a person that by law, the conveyance would be void as
embezzles or alienates any property of the against other creditors.
deceased, such person shall be liable in favor of 3. The subject of the attempted conveyance
the administrator or executor for double the value would be liable to attachment in his lifetime.
of the property sold, embezzled, or alienated, to be 4. The executor/administrator has shown no
recovered for the benefit of the estate. (Rule 87, desire to file the action or failed to institute the
Sec. 8) same within a reasonable time.
5. Leave is granted by the court to the creditor to
Complaint of Executor/Administrator against file the action.
Person Entrusted with Estate 6. A bond is filed by the creditor.
The court may require such person entrusted with 7. The action by the creditor is in the name of the
the estate to appear before it and render a full executor/administrator.
account of all property which came into his
possession. The last three requisites are unnecessary where
the grantee is the executor/administrator himself,
Refusal to appear or give an accounting may be in which event, the action should be in the name
punished with contempt. (Rule 87, Sec. 7) of all the creditors.
When executor or administrator may bring

action for property fraudulently conveyed by
the deceased
When there is a deficiency of assets in the hands
of an executor or administrator for the payment of
debts and expenses of administration and the
deceased fraudulently conveyed property to avoid
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H. DISTRIBUTION AND PARTITION If an heir has not received his share, his proper
remedy is to file a motion with the probate court for
1. LIQUIDATION delivery to him of his share or if the estate
proceedings had been closed, he should file a
Liquidation refers to the determination of all assets motion for reopening of the proceeding, within the
of the estate and payment of all debts and prescriptive period, and not to file an independent
expenses. action for annulment of the project of partition.
(Guilas v. Judge of CFI, G.R. No. L-26695, 1972)
There are two requisites before the distribution of
estate: As long as the order or distribution of the estate
1. Liquidation has not been complied with, the probate
2. Declaration of Estate proceedings cannot be deemed closed and
terminated, because a judicial partition is not final
The declaration of heirs is undertaken to and conclusive and does not prevent the heirs
determine to whom the residue of the estate from bringing an action to obtain his share,
should be distributed. The declaration is made in provided the prescriptive period therefore has not
the same proceeding, a separate action for the elapsed.
declaration of heirs not being the proper recourse.
The better practice, however, for the heir who has
2. PROJECT OF PARTITION
not received his share, is to demand his share
The project of partition is a proposal for distribution through proper motion in the same probate or
of the hereditary estimates and determines administrative proceedings, or for the reopening of
persons entitled thereto (Moran, Comments on the the probate or administrative proceedings if it had
Rules of Court, 1997 Ed. Vol. 3, 688-689) already been closed, and not through an
independent action, which would be tried by
The finality of the project of partition by itself alone another court or judge which may thus reverse a
does not terminate the probate proceeding. The decision or order of the probate or intestate court
probate court loses jurisdiction of an estate under already final and executed and reshuffle properties
administration only after the payment of all the long ago distributed and disposed of. (Timbol v.
debts and the remaining estate delivered to the Cano, G.R. No. L-15445, 1961)
heirs entitled to receive the same (Guilas v. CFI of
Pampanga, G.R. No. L-22695, 1972) Remedy of a Preterited Heir
The intestate proceedings, although closed and
A judicial partition is not final and conclusive. It terminated, can still be opened within the
does not prevent an heir from bringing an action to prescriptive period upon petition by the preterited
obtain his share, provided the prescriptive period heir (Solivio v CA, G.R. No. 83484, 1990)
has not closed (Mari v. Bonilla, G.R. No. L-852,
4. INSTANCES WHEN PROBATE COURT
1949)
MAY ISSUE WRIT OF EXECUTION
3. REMEDY OF AN HEIR ENTITLED TO
General Rule: Probate court cannot issue writ of
RESIDUE BUT NOT GIVEN HIS SHARE
execution. (Pastor v. CA, G.R. No. L-56340, 1983)
A heir entitled to the reside of the estate may
demand his share through the following causes of Rationale: Its orders usually refer to the
action: adjudication of claims against the estate which the
a. A motion in the same probate or administration executor /administrator may satisfy without the
proceedings; or need of executory process.
b. A motion to reopen the settlement
proceedings if it had been closed. Exception –
a. To satisfy the contributive shares of the
devisees/legatees/heirs when the latter had
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entered prior possession over the estate. (Rule

88, Sec. 6)
b. To enforce payment of the expenses of
partition. (Rule 90, Sec. 3)
c. To satisfy the costs when a person is cited for
examination in probate proceedings. (Rule
142, Sec. 13)
(Vda. de Valera v. Ofilada, G.R. No. L-27526,
1974)
I. TRUSTEES
Trustees
A trustee is a person in whom confidence is
reposed as regards property for the benefit of
another person. (Civil Code, Art. 1440)
A trustee shall be appointed by the REGIONAL

TRIAL COURT where the will was allowed or
where the property affected by the trust is situated.
(Rule 98, Sec. 1)
A Trustee May Be Appointed

1. Under a will – where the testator has omitted in
his will to appoint a trustee in the Philippines.
(Rule 98, Sec. 2)
Note: Notice to and consent of the beneficiary

are NOT essential for the creation of the trust
for appointment under a will.
2. Under a written instrument – when a trustee

under a written instrument declines, resigns,
dies or is removed before the objects of the
trust are accomplished and no adequate
provision is made as to supplying vacancy.
(Rule 98, Sec. 3)
Where Trustee Appointed Abroad

When land in the Philippines is held in trust for a
resident by a trustee who derives authority outside
the Philippines, he shall file a petition for
appointment as trustee in the Regional Trial Court
where the land is located. Otherwise, the court
shall declare the trust vacant and shall appoint a
new trustee. (Rule 98, Sec. 4)
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1. TRUSTEE DISTINGUISHED FROM EXECUTOR OR ADMINISTRATOR
EXECUTOR/ ADMINISRATOR TRUSTEE

Accounts Accounts are filed only at such time as may Account must be filed annually and
be required by the court. Only the initial must be under oath
and final accounts are required to be made
under oath
Where to file MTC/RTC depending on the gross value of Will: RTC which admitted the will to
the estate probate
Acts of Upon application to the court with written On petition and after due notice
Administration notice to the heirs, the executor may sell or and hearing, the court may order
encumber the property, if it is necessary for the sale or encumbrance of the
the purpose of paying debts, expense, of property, held in trust if it is
administration, legacies, or for the necessary or expedient. The
preservation of the property, or it is proceeds shall be reinvested or
beneficial to the heirs, legatee, or devisees applied in such a manner as will
best effect the objects of the trust
Order of Sale No time limit No time limit
When For the settlement f the decedent’s estate To carry into effect the provisions
appointment is of a will or written instrument
made
Bond Executor or administrator is not exempted General Rule: Trustee must file a
from filing a bond even if the will provides bond. Failure to file a bond shall be
for exemption. Where the will exempts the deemed a refusal or resignation
executor from filing a bond, a bond shall from the trust
nevertheless be filed conditioned of the
decedent’s death Exemptions:
Trustee under a will may be
exempted from giving a bond when
the testator has directed or
requested such exemption
When all persons beneficially
interested in the trust, being of full
age, request the exemption
Termination Upon payment of the debts of the estate Upon turning over the property to
and the distribution of the property to the the beneficiary after the trust has
heirs expired
Obligation to pay Required to pay debts of the estate No obligation to pay the debts of
debts the beneficiary or the trustee
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2. CONDITIONS OF THE BOND 3. REQUISITES FOR REMOVAL AND

RESIGNATION OF A TRUSTEE
General Rule: Before entering his duties, a
trustee must file a bond with the Clerk of Court in Requisites for Removal or Resignation
an amount fixed by the court, payable to the 1. Petition of interested parties
Philippine government and sufficient and available 2. Due notice to the trustees
to protect any party in interest. 3. Hearing (Rule 98, Sec. 8)
Failure to file bond is considered as an act of 4.GROUNDS FOR REMOVAL AND

declining or refusal of the trust or of the resignation RESIGNATION OF A TRUSTEE
of the trustee, as the case may be. (Rule 98, Sec.
5) Who May Petition
Parties beneficially interested. (Rule 98, Sec. 8)
Exception: The Trustee may be exempted by the
court from giving a bond when requested by: Grounds for Removal of a Trustee
a. A trustee under a will, if the testator so a. If essential to the interests of the party
directed/requested; or petitioning the removal;
b. Any trustee, if all persons beneficially b. If trustee becomes insane, or
interested are of full age and request the c. The trustee is otherwise incapable OR
exemption. unsuitable of discharging the trust. (Rule 98,
Sec. 8)
The court may cancel the bond exemption
anytime; the trustee shall then file the bond. (Rule Resignation of a Trustee
98, Sec. 5) A trustee may resign his trust if the court deems it
proper to allow such resignation - whether the
Conditions Included in the Bond trustee was appointed by the court or by a
1. That the trustee will make and return to the will.(Rule 98, Sec. 8)
court, at such time as it may order, a true
5. EXTENT OF AUTHORITY OF TRUSTEE
inventory of all the real and personal estate
belonging to him as trustee, which at the time Extent of Authority
of the making of such inventory shall have The powers of a trustee appointed by a Philippine
come to his possession or knowledge; court cannot extend beyond the territory of the
2. That he will manage and dispose of all such Philippines.
estate, and faithfully discharge his trust in
relation thereto, according to law and the will Basis: A trustee’s authority cannot extend beyond
of the testator or the provisions of the the jurisdiction of the country under whose courts
instrument or order under which he is he was appointed
appointed;
3. That he will render upon oath at least once a In the execution of trusts, the trustee is bound to
year until his trust is fulfilled, unless he is comply with the directions contained in the trust
excused therefrom in any year by the court, a instrument defining the extent and limits of his
true account of the property in his hands and authority, and the nature of his power and duties.
of the management and disposition thereof,
and will render such other accounts as the Appointment Under Will
court may order; The trustee, in whom the estate shall vest, shall
4. That at the expiration of his trust he will settle have the same rights, powers and duties as if he
his accounts in court and pay over and deliver had been appointed by the testator.
all the estate remaining in his hands, or due
from him on such settlement, to the person or
persons entitled thereto. (Rule 98, Sec. 6)
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No person succeeding to the trust as executor or J. ESCHEAT

administrator of a former trustee shall be required
to accept such trust. (Rule 98, Sec. 2) Escheat
Escheat proceedings refer to the judicial process
Appointment Under Written Instrument in which the state, by virtue of its sovereignty,
Such new trustee shall have and exercise the steps in and claims abandoned, left vacant, or
same powers, rights and duties as if he had been unclaimed property, without there being an
originally appointed, and the trust estate shall vest interested person involving a legal claim thereto
in him in like manner as it had vested or would (RCBC v. Hi-Tri Development Corporation, G.R.
have vested in the trustee in whose place he is No. 192413, 2013).
substituted. (Rule 98, Sec. 3)
It is a special proceeding that should be
Sale and Encumbrance of Trust Estate commenced by petition (Municipal Council of San
When the sale or encumbrance of any real or Pedro v. Colegio de San Jose, G.R. No. L-45460,
personal estate held in trust is NECESSARY or 1938).
EXPEDIENT, the court may, on petition and after
NOTICE and HEARING, order such sale or The Government is the REAL PARTY-IN-
encumbrance. INTEREST in escheat proceedings (Manese v.
Sps. Velasco, G.R. No. 164024, 2009).
The petition, notice, hearing, order of sale or
encumbrance, and record of proceedings, SHALL
CONFORM as nearly as maybe to the provisions 1. WHEN TO FILE; THREE INSTANCES OF
concerning the sale or encumbrance by ESCHEAT
GUARDIANS of the property of their wards. (Rule
When to File
98, Sec. 9)
For an escheat proceeding to prosper, the
following must be present:
Acquisition of Trust Estate
1. A person dies intestate
General Rule: A trustee cannot acquire the trust
2. The decedent left no heirs or other persons
estate by prescription because for the purpose of
entitled by law to the same
prescription, the possession of the property by the
3. The decedent left properties (Rule 91, Sec. 1;
trustee is not an adverse possession, but only a
City of Manila v Roman Catholic Archbishop,
possession in behalf of the owner of the same.
G.R. No. L-10033, 1917)
(Canezo v. Rojas, G.R. No. 148788, 2007)
Exception: The trustee’s possession may
Who Files
constitute adverse prescription when the following
The Solicitor General or his representative in
requisites concur:
behalf of the Republic of the Philippines. (Rule 91,
1. The trustee has performed unequivocal acts of
Sec. 1)
repudiation amounting to ouster of the cestui
que trust;
Where Filed
2. That such positive acts of repudiation have
Regional Trial Court of the province where the
been known to the cestui que trust; and
deceased last resided OR in which he had estate.
3. The evidence thereon should be clear and
(Rule 91 Sec. 1)
conclusive. (Ceniza v. CA, G.R. No. L-46345,
1990)
Three Instances of Escheats:
1. When a person dies intestate leaving no heir
but leaving property in the Philippines (Rule
91, Sec. 1)
2. Reversion Proceedings: Sale in violation of
the Constitutional provision; (Rule 91, Sec. 5)
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 Reversion will NOT BE ALLOWED even if Use of Escheated Property

the original buyer was an alien, if later on Such estate shall be for the benefit of public
the title to the property was transferred by schools, public charitable institutions and centers
succession to the buyer’s heirs who are in said municipalities or cities.
qualified parties (i.e. Filipino citizens)
(Republic v. ROD Roxas City, G.R. No. The court, at the instance of an interested party or
158230, 2008) upon its own motion, may order the establishment
3. Unclaimed Balances Act (dormant accounts of a PERMANENT trust so that only the income of
for 10 years shall be escheated) (Act no. 3936 the property will be used. (Rule 91, Sec. 3)
as amended by P.D. no. 679, sec. 1)
 The escheat petition here shall be filed in 3. REMEDY OF RESPONDENT AGAINST
the RTC of the place where the dormant PETITION; PERIOD FOR FILING A CLAIM
deposits are found (Act. No. 3936, Sec. 3)
When the petition does not state facts which entitle
2. REQUISITES FOR FILING OF PETITION the petition to the remedy prayed for, the
respondent may file a MOTION TO DISMISS the
Requisites petition. (Municipal Council of San Pedro, Laguna
1. That a person died intestate v. Colegio de San Jose, G.R. No. L-45460, 1938)
2. That he left no heirs or persons by law entitled
to the same; and Who May File a Claim on Escheated Estate
3. The deceased left properties. (Rule 91, Sec. a. Devisee
1) b. Legatee
c. Heir
Once escheat proceedings are instituted, the d. Widow/Widower; or
jurisdiction acquired cannot be converted into one e. Any person entitled to such estate. (Rule 91,
for the distribution of the properties of the Sec. 4)
decedent (Municipalities of Magallon v. Bezore,
G.R. No. L-14157, 1960). Period for Filing
Within 5 years from date of judgment in the estate
If the petition is sufficient in form and substance, proceedings, otherwise it will be barred forever.
the court by order shall set a date and place for the (Rule 91, Sec. 4)
hearing of the petition. Such order must be
published before the hearing at least once a week
for six (6) successive weeks in a newspaper of
general circulation. (Rule 91, Sec. 2) K. GUARDIANSHIP
Guardianship
To Whom Escheated Property Will be
Guardianship is a trust relation in which one
Assigned
person called a guardian acts for another called a
A. Personal property – municipality or city
ward, whom the law regards as incapable of
where the decedent last resided in the
managing his own affairs. A guardian is appointed
Philippines
to safeguard the rights and interests of minors and
B. Real property – municipality or cities,
incompetent persons.
respectively in which the same is situated.
Guardian
If the deceased never resided in the Philippines,
The person in whom the law has entrusted the
the whole estate may be assigned to the
custody and control of the person or estate or both
respective municipalities or cities where the same
of an infant, insane or other person incapable of
is located. (Rule 91, Sec. 3)
managing his own affairs.
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Ward d. Deaf and dumb who are unable to read and

The person under guardianship whom the law write;
regards as incapable of managing his own affairs. e. Those who are of unsound mind even though
they may have lucid intervals;
Kinds of Guardians f. Persons not being of unsound mind but by
According to Scope or Extent reason of age, disease, weak mind or other
1. Guardian of the person causes CANNOT without outside aid, take
2. Guardian of the property care of themselves and manage their
3. General guardian – those appointed by the property. (Rule 92, Sec. 2)
court to have care and custody of the person
AND all of his property. Prodigality
In order to render a person legally unfit to
According to the Constitution: administer his own affairs, his acts of prodigality
1. Legal – deemed as guardians WITHOUT need must show a morbid mind and a disposition to
for appointment spend or waste the estate so as to expose his
2. Guardian ad litem – appointed by the court in family to want or to deprive his forced heirs of their
an action in court inheritances. (Martinez v. Martinez, G.R. No. 445,
3. Judicial – appointed by the court in pursuance 1902)
to law (i.e. guardian for insane persons or
prodigals etc.) 2. APPOINTMENT OF GUARDIANS
Rules 92-97 only applies to guardianship over Who May Petition For Appointment of
incompetents who are not minors Guardian for Resident Incompetent
Guardianship for minors is now covered by AM No. a. Any relative;
003-03-05-SC (Rule on Guardianship of Minors) b. Friend;
c. Other person in behalf of resident incompetent
1. VENUE who has no parent or lawful guardian;
d. The Director of Health in favor of an insane
Where to Institute Guardianship Proceedings person who should be hospitalized or of an
1. Resident Incompetent: RTC of Ward’s isolated leper. (Rule 93, Sec. 1)
Residence
2. Non-Resident Incompetent: RTC of the If the interested person is a creditor and
place where the Ward’s Property is located mortgagee of the estate of the minor, he cannot be
(Rule 92, Sec. 1) appointed guardian of the person and property of
3. Minor: Family Court (Rule on Guardianship of the latter (Garchitorrena v. Sotelo, G.R. No. L-
Minors, Sec. 3) 47867, 1942).
The Guardianship Court does not have jurisdiction Jurisdictional Facts to Be Alleged:
to settle the controversy as to who has a better 1. Incompetency of the person for whom
right or title to the properties conveyed in the guardianship is sought
course of the guardianship proceedings. The 2. The ward is domiciled in the Philippines
controversy should be threshed out in a separate
action as the dispute is beyond the guardianship Who May Petition for Appointment of Guardian
court’s jurisdiction (Parco v. CA, G.R. No. L- for Minors
33152, 1982). a. Relative
b. Other person on behalf of the minor
An INCOMPETENT Includes (CLEP-DUN2): c. Minor himself if 14 years of age or over
a. Persons suffering the penalty of Civil d. DSWD and DOH, in case of an insane minor
interdiction; who needs to be hospitalized
b. Hospitalized lepers; e. Any one interested in the estate of a
c. Prodigals; nonresident minor in case the minor is a
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nonresident with property within the location of the

Philippines (Rule on Guardianship of Minors, property of the
Sec. 2) minor
 Name, age, and
Who may be appointed guardians of minors residence of the
a. Surviving grandparent; in case several person for whom
grandparents survive, the court shall select letters of
any of them taking into account all relevant guardianship are
considerations prayed
b. The oldest brother or sister of the minor over
21 years of age, unless unfit or disqualified The petition shall be verified; but NO defect in the
c. The actual custodian of the minor over 21 petition or verification shall render void the
years of age, unless unfit or disqualified issuance of letters of guardianship. (Rule 93, Sec.
d. Any other person, who in the sound discretion 2)
of the court, would serve the best interests of
the minor (Rule on Guardianship of Minors, Contents of a Petition for Guardianship of Non-
Sec. 6) Resident Incompetent Who Has Estate in the
Philippines
Contents of a Petition for Guardianship of 1. Any relative;
Resident Incompetent 2. Friend; or
INCOMPETENT MINOR 3. Anyone interested in the estate – in
 Jurisdictional facts  Jurisdictional expectancy or otherwise (Rule 93, Sec. 6)
 Incompetency facts;
rendering the  Name, age, and Ancillary Guardianship
appointment residence of the Refers to the guardianship in a state other than
necessary or prospective ward that in which guardianship is originally granted.
convenient  Ground rendering
 Names, ages, and the appointment Guardianship Proceedings
residence of the necessary or After the petition is filed, the court shall fix the time
relatives of the convenient and place for HEARING the same and shall cause
minor or  Death of the NOTICE to be given to persons mentioned in the
incompetent, and parents of the petition AND to the incompetent himself. (Rule 93,
of the person minor or the Sec. 3)
having him in their termination,
care deprivation, or Notice is essential in order to confer jurisdiction on
 Probable value suspension of their the court where a petition for guardianship is filed.
and character of parental authority (Herrera, Remedial Law III-A Special Proceedings
his estate  Remarriage of the and Special Rules Implementing the Family Courts
 Name of the minor’s surviving Act of 1997, 2005)
person for whom parent
letters of  Names, ages, and At the hearing, the incompetent must be present,
guardianship are residences, of if able to attend and there must be a showing that
prayed relatives within the notice was given. The court shall hear the
4th civil degree of evidence of the parties and if the person in
the minor, and of question is indeed an incompetent, it shall appoint
persons having a suitable guardian of his person or estate, or both,
him in their care with the powers and duties hereinafter specified.
and custody (Rule 93, Sec. 5)
 Probable value,
character and
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Opposition to Petition 3. GENERAL POWERS AND DUTIES OF

ANY INTERESTED PERSON may file a written GUARDIANS
opposition on the following grounds:
a. Competency of the alleged incompetent; and General Powers and Duties of Guardians:
b. Unsuitability of the person for whom letters are 1. To pay the ward's just debts out of:
prayed. (Rule 93, Sec. 4) a. The personal estate and the real estate’s
income;
b. The real estate, IF sufficient and only upon
Such Opposition to the Petition May Ask For obtaining court order. (Rule 96, Sec. 2)
the Following Reliefs:
a. Dismissal of petition; or 2. To settle all the ward’s accounts; demand, sue
b. That the letters of guardianship issue to for or receive for all debts due the ward, or for
himself, or to any suitable person named in the the same and give discharges to the debtor,
opposition. (Rule 93, Sec. 4) on receiving a fair and just dividend of the
estate and effects; and appear for the ward in
Parents as Guardians all actions/proceedings, unless another
A. If the value of the property or the annual person is appointed for that purpose. (Rule 96,
income of the child is PhP 50,000 or less: The Sec. 3)
father and mother jointly exercise legal 3. To manage the ward’s estate frugally and
guardianship. without waste; apply the income/profits to the
B. If the value exceeds PhP 50,000: comfortable and suitable maintenance of the
 The parent concerned files a verified ward and his family; and if the income/profits
petition for the approval of the bond, the are insufficient, sell/encumber the real estate
amount of which the court may determine (upon court authorization). (Rule 96, Sec. 4)
 BUT: The value of the bond must not be less 4. To render an inventory of the ward’s estate
than 10% of the value of the property of within three (3) months after his appointment
annual income of the child (Family Code, and annually thereafter, and upon application
Art. 225) of interested persons
a. If any property of the ward not included in
Who May Petition for Judicial Determination of an inventory already rendered is
Ward’s COMPETENCY discovered/acquired by the ward, like
a. A person who has been declared incompetent proceedings shall be had for inventory and
b. His guardian; appraisement within three (3) months;
c. Relative; (Rule 96, Sec. 7)
d. Friend. (Rule 97, Sec. 1) 5. To render an accounting of the property for
one (1) year from his appointment and every
Who May Oppose year thereafter, and upon application of
a. Guardian; interested persons.
b. Relative of the ward; 6. A non-parent guardian is allowed the amount
c. Any other person, in the discretion of the court. of his reasonable expenses incurred in the
(Rule 97, Sec. 1) execution of his trust, plus just compensation
for his services, not exceeding 15% of the
The petition shall be verified under oath. A hearing ward’s net income. (Rule 96, Sec. 8);
will then be set by the court and reasonable notice 7. The court may authorize the guardian to join in
shall be given to the guardian of the incompetent an assent to an estate partition held by the
and to the incompetent himself. If it be found that ward jointly or in common with others. The
the person is no longer incompetent, his authority shall only be granted after hearing,
competency shall be adjudged and the notice to the ward’s relatives, and a careful
guardianship shall cease. (Rule 97, Sec. 1) investigation as to the proposed action’s
necessity/propriety. (Rule 96, Sec. 5);
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Proceedings When A Person is Suspected of Selling and Encumbering Property of Ward

Embezzling or Concealing Property of the The guardian may present a VERFIED PETITION
Ward stating that:
Upon complaint of the guardian or ward or any a. Income of estate is insufficient to maintain the
person interested in the ward’s estate, that anyone ward and his family; or
is suspected of having b. When it is for the benefit of the ward. (Rule 95,
embezzled/concealed/conveyed away any of the Sec. 1)
ward/estate’s property, the court may cite the
suspected person to appear for examination and If it appears to be probable that such sale or
may order to secure the estate. (Rule 96, Sec. 6) encumbrance is necessary or is beneficial, the
court shall make an order directing the next of kin
Purpose: To secure evidence from persons of the ward OR all persons interested in the estate
suspected of embezzling, concealing or conveying to appear and SHOW CAUSE why the petition
away any property of the ward so as to enable the should not be allowed. (Rule 95, Sec. 2)
guardian to institute the appropriate action to
obtain possession of and secure title to the There shall be a hearing where the court shall
property. (Cui v. Piccio, G.R. No. L-5131,1952) refuse the petition OR order such sale or
encumbrance for the maintenance of the ward and
General Rule: Generally, the guardianship court his family or for the incompetent’s benefit.
exercising special and limited jurisdiction cannot
actually order the delivery of the property of the NO order of sale granted shall continue in force
ward found to be embezzled, concealed or more than one (1) year after granting the same,
conveyed. without a sale being had. (Rule 95, Section 4)
Exception: Only in extreme cases, where It is not necessary for the grant of authority to sell
property clearly belongs to the ward or where his the ward’s income be insufficient to maintain and
title thereto has been already judicially decided, educate him; it being enough that the sale is for
may the court direct its delivery to the guardian. the ward’s benefit (Tavera v. El Hogar Filipino,
G.R. No. L-5893, 1956).
In effect, there can only be delivery or return of the
embezzled, concealed or conveyed property of the Investment of Proceeds and Management of
ward, where the right or title of said ward is clear Estate
and undisputable. However, where title to any The court may authorize and require the guardian
property said to be embezzled, concealed or to invest the proceeds of sale and encumbrances,
conveyed is in dispute, under the Cui case, the and any other of his ward’s money in his hands, as
determination of said title or right whether in favor shall be for the best interest of all concerned, and
of the person said to have embezzled, concealed may make orders for the management,
or conveyed the property must be determined in a investment, and disposition of the estate and
separate ordinary action and not in guardianship effects, as circumstances may require. (Rule 95,
proceedings. (Parco v. CA, G.R. No. L-33152, Sec. 5)
1982)
While Sec. 5 requires judicial authority in order that
Conflicts regarding the ownership or title to the a guardian may invest the ward’s money, it does
property in the hands of the guardian in his not provide that said authority must be either prior
capacity as such should be litigated in a to or expressed (PTC v. Ballesteros, G.R. No. L-
SEPARATE PROCEEDING, the court in the 8532, 1957).
guardianship proceeding being SOLELY
concerned with the ward’s care and custody and The court's approval of the annual inventories and
proper administration of his properties. (Viloria v. accounts submitted by the guardian, with the
Administrator of Veterans Affairs, G.R. No. L- conformity of the U. S. Veterans Administration
9620, 1957) and the mother of the minors, where the
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investment of the properties of the wards made c. Guardianship is no longer necessary. (Rule
without securing previous judicial authority, was 97, Sec. 3)
mentioned and accounted for, amounts to a
RATIFICATION of the acts of the guardian and Ground for Removal or Resignation of
compliance with the provisions of Section 5, Rule Guardian of Incompetents
95 of the Rules of Court. (Stegner v. Stegner, G.R. a. Guardian becomes insane;
No. L-8532, 1957) b. Incapable of discharging trust;
c. Unsuitable to discharge functions;
Conditions of the Bond of Guardians d. Wastage or mismanagement of the property of
BEFORE an appointed guardian enters upon the the ward
execution of his trust, or letters of guardianship e. Failure to render account or make a return
issue, he shall give a bond. within thirty (30) days after it was due. (Rule
97, Sec. 2)
The BOND shall be conditioned:
1. To make and return, within three (3) months, Termination of Guardianship of Minors
the estate’s inventory of the estate of his ward a. The ward has come of age
which shall come to his possession or b. The ward has died (Rule on Guardianship over
knowledge; Minors, Sec.25)
2. To faithfully execute the duties of his trust, to
manage and dispose of the estate according Grounds for Removal or Resignation of
to ward’s best interests, and to provide for the Guardians of Minors
ward’s proper care/custody/education; a. Insanity
3. To render a true and just account of the estate b. Becomes incapable of discharging his trust
in his hands and all proceeds/interest derived c. Found to be unsuitable
therefrom; d. Has wasted/mismanaged the property of the
4. At the expiration of his trust, to settle his ward
accounts with the court and deliver the e. Has failed to render an account or make a
remaining estate to the person lawfully entitled return for thirty days after it is due
thereto;
5. To perform all court orders. (Rule 94, Sec. 1) No motion for removal or resignation shall be
allowed unless the guardian has submitted the
In case of breach of the bond’s conditions, the proper accounting of the property of the ward and
bond may be prosecuted in the same proceeding the court has approved the same (Rule on
or in a separate action, for the use and benefit of Guardianship over Minors, Sec. 25)
the ward or of any person legally interested in the
estate. (Rule 94, Sec. 3) 5. RULE ON GUARDIANSHIP OVER
MINORS (A.M. NO. 03-02-05-SC, EFFECTIVE
New bond MAY 1, 2003)
Whenever necessary, the court may require a new
bond to be given by the guardian. After notice to Applicable Rules
interested persons, the sureties on the old bond Guardianship of
may then be discharged from further liability when RULES 92-97 Incompetents Who Are
no injury will result to interested parties. (Rule 94, Not Minors
Sec. 2) RULE ON
GUARDIANSHIP Guardianship of Minors
4. TERMINATION OF GUARDIANSHIP OF MINORS
Termination of Guardianship of Incompetents

a. Competency of the ward has been judicially
determined; (Rule 97, Sec. 1)
b. Death of guardian or of ward;
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Who are Minors? of them taking into account all relevant

1. Persons below 18 years of age; or considerations;
2. Those under 18 BUT unable to fully take care 2. The oldest Brother or sister of the minor over
of themselves or protect themselves from 21 years of age, unless unfit or disqualified;
abuse, neglect, cruelty, exploitation, or 3. The Actual custodian of the minor over 21
discrimination, because of a physical or years of age unless unfit or disqualified; and
mental disability or condition (Sec. 1) 4. Any Other person, who, in the sound discretion
of the court would serve the best interests of
Who May Petition for Appointment of Guardian the minor (Sec. 6)
a. The Minor himself, if fourteen (14) years of age
or over; Time and Notice of Hearing
b. Any Relative; Notice must be given to persons named in the
c. Other person on behalf of a minor; petition including the minor if over 14 years old.
d. The Secretary of Social Welfare and This is a jurisdictional requirement. (Sec. 8)
Development; and
e. The Secretary of Health in case of an insane Opposition to Petition
minor who needs to be hospitalized Majority of alleged minor, or Suitability of the
person for whom letters are prayed.
Where to File the Petition
Family Court of the province or the city where the Bond of Guardian; Amount and Conditions
minor actually resides(Sec. 3) Before he enters upon the execution of his trust, or
letters of guardianship issue, an appointed
Grounds to Alleged in Petition guardian may be required to post a bond in such
a. Death, continued absence, or incapacity of his sum as the court shall determine and conditioned
parents; as follows:
b. Suspension, termination, or deprivation of 1. To make and return to the court, within three
parental authority; months after the issuance of his letters of
c. Remarriage of his surviving parent, if the latter guardianship, a true and complete Inventory of
is found unsuitable to exercise parental all the property, real and personal, of his ward
authority; or which shall come to his possession or
d. When the Best interests of the minor so knowledge or to the possession or knowledge
require (Sec. 4) of any other person in his behalf;
2. To faithfully execute the duties of his trust, to
Qualifications to Consider for Guardians manage and dispose of the property according
1. Moral character; to this rule for the best interests of the ward,
2. Physical, mental, and psychological condition; and to provide for his proper care, custody and
3. Financial status; education;
4. Relationship of trust with the minor; 3. To render a true and Just account of all the
5. Availability to exercise the powers and duties property of the ward in his hands, and of all
of a guardian for the full period of the proceeds or interest derived therefrom, and of
guardianship; the management and disposition of the same,
6. Lack of conflict of interest with the minor; and at the time designated by this rule and such
7. Ability to manage the property of the minor other times as the court directs; and at the
expiration of his trust, to settle his accounts with
Who May Be Appointed Guardian? the court and deliver and pay over all the
In default of parents or a court-appointed guardian, property, effects, and monies remaining in his
the court may appoint a guardian of a minor, hands, or due from him on such settlement, to
observing, as far as practicable, the following the person lawfully entitled thereto; and
order of preference: 4. To perform all orders of the court and such
1. Surviving Grandparent, and in case several other duties as may be required by law.
grandparents survive, the court shall select any
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Bonds of Parents as Guardian of Property of c. Has wasted or mismanaged the property of the
Minor ward; or
Bond is required if the market value of the child's d. Has failed to render an account or make a
properties or income exceeds PhP 50,000. return within 30 days after it was due
The bond shall not be less than 10% of the value NOTE: Before a motion for removal or resignation
of the properties or income. (Sec. 16) may be granted under SEC. 24, the guardian must
submit the proper accounting of the property of the
Guardian May Sell or Encumber Property ward and the court has to approve the same.
When:
The income of the estate is insufficient to maintain Termination of Guardianship over Minors
and educate the ward; or The ward has died, or has come of age.
It appears that it is for the benefit of the ward
Guardianship’s termination may be motu proprio
The authority to sell or encumber shall not extend or by a verified motion by any person allowed to
beyond 1 year, UNLESS renewed by the court. file a petition for guardianship on the grounds of
majority and/or death of the ward.
Grounds for Removal or Resignation of
Guardian – When the Guardian: The guardian shall notify the court of such fact
a. Becomes insane or otherwise incapable of within 10 days of its occurrence.(Sec. 25)
discharging his trust; X
b. Is found thereafter to be unsuitable;
N. ADOPTION
1. DOMESTIC ADOPTION V. INTER-COUNTRY ADOPTION
DOMESTIC ADOPTION INTER-COUNTRY ADOPTION

GOVERNING Domestic Adoption Act of 19928 (Republic Inter-Country Adoption Act (Republic Act
LAW Act No. 8552) No. 8043)
Rule on Adoption (AM No. 02-6-02-SC)
TYPE OF Judicial Extrajudicial
PROCEEDING
DEFINITION OF A person below 18 years of age A person below 15 years of age
CHILD
VENUE Family court where prospective adoptive (a) Family Court where the adoptee resides
parents reside or may be found or
(b) Inter-country Adoption Board, through
an intermediate agency, whether
governmental or an authorized and
accredited agency, in the country of the
prospective adoptive parents
WHO MAY 1. Any Filipino citizen; 1. Foreign nationals

ADOPT 2. Any alien possessing the same 2. Filipino citizens residing abroad
qualifications for Filipino nationals; and
3. The guardian with respect to the ward
after the termination of the
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guardianship and clearance of his

financial accountabilities
QUALIFICATIONS A Filipino citizen may adopt if he possesses 1. Adopter is at least 27 years of age and
OF ADOPTER the following qualifications: at least 16 years older than the child to
1. Of legal age; be adopted, at the time of application
2. In possession of full civil capacity and 2. If married, his/her spouse must jointly
legal rights file for the adoption
3. Of good moral character 3. Adopter has the capacity to act and
4. Has not been convicted of any crime assume all rights and responsibilities of
involving moral turpitude parental authority under his national
5. Emotionally and psychologically law, and has undergone appropriate
capable of caring for children counseling from an accredited
6. At least 16 years older than the counselor in his/her country
adoptee; and 4. Adopter has not been convicted of a
7. In a position to support and care for his crime involving moral turpitude
children in keeping with the means of 5. Adopter is eligible to adopt under
the family his/her national law
An alien desiring to adopt must possess the 6. Adopter is in a position to provide the
same qualifications for Filipino citizens, and proper care and support and to give the
these additional requirements necessary moral values and example
1. His country has diplomatic relations to all his children, including the child to
with the Philippines be adopted
2. He has been living in the Philippines 7. Adopter agrees to uphold the basic
for at least three continuous years rights of the child as embodied under
prior to the filing of the petition for Philippine laws, the UN Convention on
adoption and maintains such the Rights of the Child, and to abide by
residence until the adoption decree is the rules and regulations issued to
entered implement the provisions of the Inter-
3. He has been certified by his diplomatic Country Adoption Act.
or consular office or any appropriate 8. Adopter comes from a country with
government agency to have the legal where Philippines has diplomatic
capacity to adopt in his country relations and whose government
4. His government allows the adoptee to maintains a similarly authorized agency
enter his country as his adopted child and that adoption is allowed under
his/her national laws; and
9. Adopter possesses all the qualifications
and none of the disqualifications
provided under the Inter-Country
Adoption Act or other applicable
Philippine law.
WAIVER/ The requirement of a 16 year difference of The requirement of a 16 year difference of
EXEMPTIONS the adopter and adoptee may be waived if: the adopter and adoptee may be waived if:
FOR a) The adopter is the biological parent of a) The adopter is the biological parent of
QUALIFICATIONS the adoptee; or the adoptee; or
b) The adopter is the spouse of the b) The adopter is the spouse of the
adoptee’s parent adoptee’s parent
The requirements on residency and

certification of the alien’s qualification to
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adopt in his country may be waived for the

following:
a) A former Filipino citizen who seeks to
adopt a relative within the fourth (4th)
degree of consanguinity or affinity, or
b) One who seeks to adopt the legitimate
child of his Filipino spouse, or
c) One who is married to a Filipino citizen
and seeks to adopt jointly with his
spouse a relative within the fourth (4th)
degree of consanguinity or affinity of
the Filipino spouse
WHO MAY BE 1. Any person below eighteen (18) years Legally-free child
ADOPTED of age who has been administratively
or judicially declared available for A legally free child refers to any child who
adoption has been voluntarily or involuntarily
2. The legitimate son/daughter of one committed to the DSWD as dependent,
spouse by the other spouse abandoned, or neglected pursuant to the
3. An illegitimate son/daughter by a provisions of the Child and Youth Welfare
qualified adopter to improve his/her Code.
status to that of legitimacy
4. A person of legal age if, prior to the
adoption, said person had been
consistently considered and treated by
the adopter(s) as his/her own child
since minority;
5. A child whose adoption has been
previously rescinded; or
6. A child whose biological or adoptive
parent(s) has died; provided, that no
proceedings shall be initiated within six
(6) months from the time of death of
said parents
PERSONS TO BE 1. Office of the Solicitor General, through Biological parents of the adoptee
NOTIFIED the provincial or city prosecutor
2. Department of Social Welfare and
Development
3. Biological Parents of the adoptee, if
known
WHAT PETITION 1. Prayer for change of name None
FOR ADOPTION 2. Rectification of simulated birth
MAY INCLUDE 3. Declaration that the child is a
foundling, abandoned, dependent, or
neglected child
SUPERVISED 1. At least six months but the court may 1. At least six months
TRIAL CUSTODY reduce period or exempt parties from 2. Within the country of the adopter
trial custody
2. Within the Philippines
PUBLICATION At least once a week for three successive No publication required
REQUIREMENT weeks in a newspaper of general circulation
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in the province or city where the court is

situated
ANNEXES a) Birth, baptismal, or foundling a) Birth certificate of applicant(s);
certificate, as the case may be, and b) Marriage contract, if married, and
school records showing the name, divorce decree or judgment dissolving
age, and residence of the adoptee the marriage, if applicable;
b) Affidavit of consent c) Sworn statement of consent of
c) Child study report on the adoptee and petitioner’s biological or adoptive
his biological parents children above ten (10) years of age
d) If the petitioner is an alien, certification d) Physical, medical and psychological
by his diplomatic or consular office or evaluation of the petitioner certified by
any appropriate government agency a duly licensed physician and
that he has the legal capacity to adopt psychologist;
in his country and that his government e) Income tax returns or any authentic
allows the adoptee to enter his country document showing the current financial
as his own adopted child unless capability of the petitioner
exempted under Sec. 4(2) f) Police clearance of the petitioner
e) Home study report on the adopters issued within six months before the
f) Decree of annulment, nullity, or legal filing of the petition
separation of the adopter as well as g) Character reference from the local
that of the biological parents of the church/minister, the applicant's
adoptee, if any employer and a member of the
immediate community who have known
the applicant(s) for at least five (5)
years; and
h) Full body postcard size pictures of the
petitioner and his immediate family
taken at least six months before the
filing of the petition
COURT THAT Family court Foreign court
ISSUES DECREE
OF ADOPTION
Adoption 3. Of good moral character

Adoption is defined as the process of making a 4. Has not been convicted of any crime involving
child, whether related or not to the adopter, moral turpitude
possess in general, the rights accorded to a 5. Emotionally and physically capable of caring
legitimate child. Adoption is a juridical act, a for children
proceeding in rem, which creates between two 6. At least 16 years older than the adoptee,
persons a relationship similar to that which results EXCEPT when the adopter is the biological
from legitimate paternity and filiation (In Re: the parent of the adoptee or is the spouse of the
Matter of Adoption of Stephanie Nathy Astorga adopter’s parent
Garcia, G.R. No. 148311, 2005) 7. In a position to support and care for his children
in keeping with the means of the family.
2. DOMESTIC ADOPTION
An alien desiring to adopt must possess the same
Who are Qualified to Adopt qualifications for Filipino citizens, and the following
A Filipino citizen may adopt provided he has the additional requirements:
following qualifications: 1. His country has diplomatic relations with the
1. Of legal age Republic of the Philippines
2. In possession of full civil and legal rights
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2. He has been living in the Philippines for at e. A child whose adoption has been previously
least there continuous years prior to the filing rescinded; or
of the petition for adoption and maintains such f. A child whose biological or adoptive parent(s)
residence until the adoption decree is entered has died; provided, that no proceedings shall
3. He has been certified by his diplomatic or be initiated within six (6) months from the time
consular office or any appropriate government of death of said parents. (SEC. 8)
agency to have the legal capacity to adopt in
his country; and Whose Consent is Necessary For Adoption
4. His government allows the adoptee to enter The written consent of the following to the
his country as his adopted child. adoption is required:
1. The adoptee, if ten (10) years of age or over;
The requirements on residency and certificate of 2. The biological parent(s) of the child, if known,
the alien’s qualification to adopt in his country may or the legal guardian, or the proper
be waived for the following: government instrumentality which has legal
a. A former Filipino citizen who seeks to adopt a custody of the child
relative within the fourth (4th) degree of 3. The legitimate and adopted sons/ daughters,
consanguinity or affinity; or ten (10) years of age or over, of the adopter(s)
b. One who seeks to adopt the legitimate child of and adoptee, if any
his Filipino spouse; or 4. The illegitimate sons/daughters, ten (10) years
c. One who is married to a Filipino citizen and of age or over, of the adopter if living with said
seeks to adopt jointly with his spouse a relative adopter and the latter’s spouse, if any; and
within the fourth (4th) degree of consanguinity 5. The spouse, if any, of the person adopting or
or affinity of the Filipino spouse (SEC. 4) to be adopted.
Mandatory Joint Adoption; Exceptions The consent of the biological parent(s) of the child
Under the law, joint adoption is mandatory is dispensed with if such parent abandoned the
Exceptions: child. Abandonment of a child refers to any
a. If one spouse seeks to adopt the legitimate conduct which reveals a purpose to forego all
son/ daughter of the other; or parental duties and relinquish all parental claims to
b. If one spouse seeks to adopt his/her own the child (Cang vs Clavano, G.R. No. 105308,
illegitimate son/daughter, prided, however, September 25, 1998)
that the other spouse has signified his consent
thereto; or Physical estrangement alone, without financial
c. If the spouses are legally separated from each and moral desertion, is not tantamount to
other (SEC. 4) abandonment (Cang vs Clavano, G.R. No.
105308, September 25, 1998)
Who May Be Adopted
The following may be adopted: a. Effects Of Adoption
a. Any person below eighteen (18) years of age
For civil purposes, the adopted shall be deemed to
who has been administratively or judicially
declared available for adoption be a legitimate child of the adopters for all intents
b. The legitimate son/daughter of one spouse by and purposes, and both shall require reciprocal
the other spouse rights and obligations arising from the relationship
c. An illegitimate son/daughter by a qualified of the parents of child, including the right of the
adopter to improve his/her status to that of adopted to use the surname of the adopters (In
legitimacy Re: the Matter of Adoption of Stephanie Nathy
d. A person of legal age if, prior to the adoption, Astorga Garcia, G.R. No. 148311, 2005)
said person had been consistently considered
and treated by the adopter(s) as his/her own
child since minority;
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Adoption has the following legal effects: b. Instances When Adoption May Be
1. Sever all legal ties between the biological Rescinded
parent(s) and the adoptee, except when the
biological parent is the spouse of the adopter Adoption may be rescinded on the following
2. Deem the adoptee as a legitimate child of the grounds:
adopter a. Repeated physical and verbal maltreatment
3. Give adopter and adoptee reciprocal rights by the adopter despite having undergone
and obligations arising from the relationship of counseling
the parent and the child, including but not b. Attempt on the life of the adoptee
limited to (i) the right of the adopter to choose c. Sexual assault or violence; or
the name the child is to be known, and (ii) the d. Abandonment or failure to comply with
right of the adopter and adoptee to legal and parental obligations
compulsory heirs of each other (In Re: Petition
for Adoption of Michelle P. Lim., G.R. No. When to File
168992-93, May 21, 2009) As a general rule, the adoptee must file the petition
for rescission of adoption within five years after
Adoption strictly between the adopter and the reaching the age of majority
adopted
The relationship established by adoption is limited Exception: If the adoptee was incompetent at the
solely to the adopter and the adopted and does not time of the adoption, the petition must be filed
extend to the relatives of the adopting parents or within five years after recovery from such
of the adopted child except only as expressly incapacity
provided for by law (Teotico vs Del Val, G.R. No.
L-18753, March 26, 1965)
c. Effects Of Rescission Of Adoption
Rescission of Adoption; Who May File
1. The parental authority of the biological parent
A petition for rescission of adoption may be filed
of the adoptee, if known, or the legal custody
by any of the following:
of DSWD is restored if the adoptee is still a
a. The adopted, who is at least 18 years of age
minor or incapacitated
b. With the assistance of the DSWD, if the child
2. Reciprocal rights and obligations of the
is still a minor; or
adopter and adoptee to each other are
c. The legal guardian or counsel, if the adopted
extinguished
is over 18 years of age but incapacitated
3. Successional rights revert to their status prior
to adoption, as of the date of judgment of
Adopter Cannot Rescind the Adoption
rescission, but vested rights acquired prior to
Under Republic Act No. 8552, the adopter can no
rescission shall be respected
longer rescind the adoption.
4. The court shall order the adoptee to use the
name stated in the original birth or foundling
An adopter, while barred from severing the legal
certificate; and
ties of adoption, can always for valid reasons
5. The court shall order the Civil Registrar where
cause the forfeiture of certain benefits otherwise
the adoption decree was registered to cancel
accruing to an undeserving child. For instance,
the new birth certificate of the adoptee and
upon the grounds recognized by law, an adopter
reinstate the original birth or foundling
may deny to an adopted child his legitime, and, by
certificate
a will and testament, may freely exclude him from
having a share in the disposable portion of the
estate (Lahom v Sibulo, G.R. No. 143989, July 14,
2003)
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3. INTER-COUNTRY ADOPTION issued to implement the provisions of the Inter-

Country Adoption Act.
a. When Allowed 8. Adopter comes from a country with whom the
Philippines has diplomatic relations and
Inter-country adoption of Filipino children by whose government maintains a similarly
foreign nationals and Filipino citizens permanently authorized and accredited agency and that
residing abroad is allowed by law if such children adoption is allowed under his/her national law
cannot be adopted by qualified Filipino 9. Adopter possesses all the qualifications and
citizens or aliens (SEC. 3(a)) none of the disqualifications under the Inter-
Country Adoption Act or any other applicable
Who may adopt Philippine law.
An alien or a Filipino citizen permanently residing
abroad may file an application for inter-country b. Functions Of The Regional Trial Court
adoption of a Filipino child provided that the
following qualifications are met: The Family Court’s functions are as follows:
1. Adopter is at least 27 years of age and at least 1. Receive the application
16 years older than the child to be adopted, at 2. Assess the qualification of the prospective
the time of application adopter, and
2. If married, his/her spouse must jointly file for 3. Refer its findings, if applicable, to the Inter-
the adoption country Adoption Board
3. Adopter has the capacity to act and assume
all rights and responsibilities of parental c. Best Interest Of The Child Standard
authority under his national law, and has
The principle of "best interest of the child"
undergone appropriate counseling from an
pervades Philippine cases involving adoption,
accredited counselor in his/her country
guardianship, support, personal status, minors in
4. Adopter has not been convicted of a crime
conflict with the law, and child custody. In these
involving moral turpitude
cases, it has long been recognized that in
5. Adopter is eligible to adopt under his/her
choosing the parent to whom custody is given, the
national law
welfare of the minors should always be the
6. Adopter is in a position to provide the proper
paramount consideration. Courts are mandated to
care and support and to give the necessary
take into account all relevant circumstances that
moral values and example to all his children,
would have a bearing on the children’s well-being
including the child to be adopted
and development (Pablo-Gualberto v. Gualberto,
7. Adopter agrees to uphold the basic rights of
G.R. No. 154944, 2005)
the child as embodied under Philippine laws,
the UN Convention on the Rights of the Child,
and to abide by the rules and regulations
X
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Special Writs Distinguished

HABEAS CORPUS AMPARO HABEAS DATA
ESSENCE The writ of habeas The writ of amparo The writ of habeas data
corpus involves the right involves the right to life, involves the right to
to liberty. It extends to liberty, and security privacy in life, liberty, or
all cases of illegal security
confinement or
detention by which any
person is deprived of his
liberty, or by which the
rightful custody of any
person is withheld from
the person entitled to
AVAILABILITY It is a writ directed to the The writ of amparo is It is a remedy available
person detaining available to one whose whose right to privacy in
another, commanding right to life, liberty, and life, liberty, or security is
him to produce the body security are violated or violated or threatened
of the prisoner at the threatened with by an unlawful act or
designated time and violation by an unlawful omission of a public
place, with the day and act or omission of a official or employee, or
cause of his capture public official or of a private individual or
and detention, to do, employee, or of a entity engaged in the
submit to, and receive private individual or gathering, collecting, or
whatever the court of entity. storing of data or
judge awarding the writ The writ covers information regarding
shall consider in that extralegal killings and the person, family,
behalf enforced home, and
disappearances or correspondence of the
threats thereof aggrieved party.
AVAILABLE AGAINST 1. Deprivation of A violation or A violation or
liberty; and threatened violation by threatened violation by
2. Withholding of the an unlawful act or the right to privacy in
rightful custody of omission of: life, liberty, or security
the person 1. A public official by an unlawful act or
2. A public employee omission of:
3. A private individual 1. A public official
or entity 2. A public employee
3. A private individual
Engaged in the
gathering, collecting, or
storing of data or
information regarding
the person, family,
home, and
correspondence of the
aggrieved party.
COVERAGE 1. All cases of illegal 1. Extrajudicial 1. Gathering
confinement or killings 2. Collecting
detention by which 2. Enforced 3. Storing of data or
nay person is disappearances information
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deprived of his Regarding:

liberty 1. Person
2. The rightful custody 2. Family
of any person is 3. Home
withheld from the 4. Correspondence
person entitled
thereto
WHO MAY FILE Party for whose relief it Aggrieved party, or any General Rule:
is intended, or by some qualified person or Aggrieved Party
person on his behalf entity in the following
order: Exception: In cases of
1. Any member of the extralegal killings and
immediate family, enforced
namely: the disappearances, the
spouse, children, petition may be filed by:
and parents of the 1. Any member of the
aggrieved party immediate family of
2. Any ascendant, the aggrieved
descendant, or party, namely, the
collateral relative spouse, children,
of the aggrieved and parents
party within the
fourth civil degree
of consanguinity or
affinity, in default
of those
mentioned in the
preceding
paragraph, or
3. Any concerned
citizen,
organization,
association, or
institution, if there
is no known
member of the
immediate family
or relative of the
aggrieved party
VENUE 1. Regional Trial 1. Regional Trial 1. Regional Trial
Court where the Court of the place Court where the
person is detained where the threat, petitioner or
2. Sandiganbayan act, or omission respondent
3. Court of Appeals was committed or resides, or that
4. Supreme Court any of its elements which has
5. Or any Justice of occurred jurisdiction over the
the three preceding 2. Sandiganbayan place where the
courts 3. Court of Appeals data or information
4. Supreme Court is gathered,
collected, or stored,
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5. Or any Justice of at the option of the

the three petitioner
preceding courts 2. Sandiganbayan
3. Court of Appeals
4. Supreme Court
When the actions
concern public data files
of government offices
ENFORCEABILITY If issued by the Anywhere in the Anywhere in the
Sandiganbayan, Court Philippines Philippines
of Appeals, Supreme
Court: Anywhere in the
Philippines
Issued by the Regional

Trial Court: Judicial
District
WHERE WRIT Issued by the Regional Issued by the Regional Issued by the Regional
RETURNED Trial Court or judge Trial Court or judge Trial Court or judge
thereof: Before such thereof: Before such thereof: Before such
court or judge court or judge court or judge
Issued by the Issued by the Issued by the

Sandiganbayan, Court Sandiganbayan, Court Sandiganbayan, Court
of Appeals, or any of its of Appeals, or justice of Appeals, or any of its
justices: Before such thereof: Any Regional justices:
court or justice thereof Trial Court where the 1. Before such court
threat, act, or omission or justice
was committed or any of 2. Any Regional Trial
its elements occurred Court of the place
where the petitioner
Issued by the Supreme or respondent
Court of any of its resides, or that
justices: which has
 Before such court or jurisdiction over the
justice thereof place where the
 Sandiganbayan or data or information
Court of Appeals or is gathered,
any of its justices collected, or stored
 Any Regional Trial Issued by the Supreme
Court where the Court or any of its
threat, act, or justices:
omission was 1. Before such court
committed or any of or justice thereof
its elements 2. Before the Court of
occurred Appeals or the
Sandiganbayan or
any of its justices
3. Any Regional Trial
Court of the place
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where the petitioner

or respondent
resides, or that
which has
jurisdiction over the
place where the
data or information
is gathered,
collected, or stored
WHEN TO On any day at any time On any day and at any Only indigent petitioner
FILE/DOCKET FEES time is exempt form docket
and other lawful fees
Exempt from docket
and other lawful fees
CONTENTS OF 1. Person in whose 1. Personal 1. Personal
PETITION behalf the circumstances of circumstances of
application is made the petitioner the petitioner and
is imprisoned or 2. Name and respondent
restrained on his personal 2. Manner the right to
liberty circumstances of privacy is violated
2. Officer or name of the respondent or threatened and
the person by responsible for the how it affects the
whom he is so threat, act, or right to life, liberty,
imprisoned or omission, or, if the or security of the
restrained; or, if name is unknown aggrieved party
both are unknown or uncertain, the 3. Actions and
or uncertain, such respondent may recourses taken by
officer or person be described by an the petition to
may be described assumed secure the data or
by an assumed appellation information
appellation, and the 3. Right to life, 4. Location of the
person who is liberty, and files, registers, or
served with the writ security of the databases, the
shall be deemed aggrieved party government office,
the person intended violated or and the person in
threatened with charge, in
violation by an possession, or in
unlawful act or control of the data
omission of the or information if
respondents, and known
how such threat or 5. Reliefs prayed for,
violation is which may include
committed with the the updating,
attendant rectification,
circumstances suppression, or
detailed in destruction of the
supporting database or
affidavits information or files
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4. Investigation kept by the

conducted, if any, respondent
specifying the 6. In cases of threats,
names, personal the relief may
circumstances, include a prayer for
and addresses of an order enjoining
the investigating the act complained
authority or of; and
individuals, as well 7. Such other relevant
as the manner and reliefs as are just
conduct of the and equitable
investigation, The petition shall be
together with any inwriting and must be
report verified.
5. Actions and
recourses taken
by the petitioner to
determine the fate
or whereabouts of
the aggrieved
party and the
identity of the
person
responsible for the
threat, act, or
omission, and
6. Relief prayed for
The petition must be
signed and verified
ISSUANCE OF THE  Writ shall be issued  Writ shall be  Writ shall be issued
WRIT if it appears that the issued if on its face if on its face it ought
writ ought to issue it ought to issue to issue
 The clerk of the  The clerk of court  The clerk of court
court shall issue the shall issue the writ shall issue the writ
writ under the seal under the seal of under the seal of
of the court; or in the court; or in the court and cause
case of emergency, case of urgent it to be served
the judge may issue necessity, the within three days
the writ under his justice or the judge from the issuance;
own hand, and may may issue the writ or, in case of urgent
depute any person under his or her necessity, the
to serve it own hand, and justice or judge
may deputize any may issue the writ
officer or person to under his or her
serve it own hand, and may
deputize any officer
or person serve it.
SUMMARY HEARING Not applicable Not later than seven Not later than ten
days from the date the working days from the
writ was issued date the writ was issued
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HOW WRIT IS  By leaving the The writ shall be served The writ shall be served
SERVED original with the upon the respondent by upon the respondent by
person to whom it is a judicial officer or by a a judicial officer or by a
directed and person deputized by the person deputized by the
preserving a copy court, justice, or judge court, justice, or judge
on which to make who shall retain a copy who shall retain a copy
return of service on which to make a on which to make a
 If that person return of service. In return of service. In
cannot be found, or case the writ cannot be case the writ cannot be
has not the prisoner served personally on served personally on
in his custody, then the respondent, the the respondent, the
the service shall be rules on substituted rules on substituted
made on any other service shall apply service shall apply.
person having or
exercising such
custody
RETURN  The return or  Within 72 hours  Verified written
statement shall be after service of the return, together
signed by the writ, the with supporting
person who makes respondent shall affidavits within five
it file a verified 5 working days
 The return shall written return from service of the
also be sworn by together with writ
him if the prisoner is supporting  The period may be
not produced affidavits reasonably
 In all other cases extended by the
unless the return is Court for justifiable
made and signed reasons
by a sworn public
officer in his official
capacity
EFFECT OF FAILURE Hearing of the petition  Hearing of the
TO FILE A RETURN shall proceed ex parte petition shall
proceed ex parte
 The court may also
grant the petitioner
such relief as the
petition may
warrant unless the
court in its
discretion requires
the petitioner to
submit evidence
PROHIBITED 1. Motion to dismiss 1. Motion to dismiss
PLEADINGS AND 2. Motion for 2. Motion for
MOTIONS extension of time extension of time to
to file return, file return,
opposition, opposition,
affidavit, position affidavit, position
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paper, and other paper, and other

pleadings pleadings
3. Dilatory motion for 3. Dilatory motion for
postponement postponement
4. Motion for bill of 4. Motion for bill of
particulars particulars
5. Counter claim or 5. Counterclaim or
cross-claim cross-claim
6. Third party 6. Third party
complaint complaint
7. Reply 7. Reply
8. Motion to declare 8. Motion to declare
defendant in respondent in
default default
9. Intervention 9. Intervention
10. Memorandum 10. Memorandum
11. Motion for 11. Motion for
reconsideration of reconsideration of
interlocutory interlocutory orders
orders or interim or interim relief
relief orders; and orders; and
12. Petition for 12. Petition for
certiorari, certiorari or
mandamus, or mandamus or
prohibition against prohibition against
any interlocutory any interlocutory
order order
AVAILABLE INTERIM 1. Temporary
RELIEFS protection order
2. Inspection order
3. Production order
4. Wirtness
Protection Order
JUDGMENT When the court or judge The court shall render The court shall render
has examined into the judgment within ten (10) judgment within ten
cause of caption and days from the time the days from the time the
restrained of the petition is submitted for petition is submitted for
prisoner, and is satisfied decision. If the decision
that he is unlawfully allegations in the
imprisoned or petition are proven by If the allegations in the
restrained, he shall substantial evidence, petition are proven by
 Forthwith order his the court shall grant the substantial evidence,
discharge from privilege of the writ and the court shall enjoin the
confinement such reliefs as may be act complained of, or
 Such discharge proper and appropriate; order the deletion,
shall not be otherwise, the privilege destruction, or
effective until a shall be denied rectification of the
copy of the order erroneous data or
has been served on information and grant
the officer or the other relevant reliefs as
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person detaining may be just and

such prisoner equitable’ otherwise,
 If the officer or the privilege of the writ
person detaining shall be denied
the prisoner does
not desire to Upon its finality, the
appeal, the prisoner judgment shall be
shall be forthwith enforced by the sheriff
released or any lawful officers as
may be designated by
the court, justice, or
judge within five
working days.
APPEAL 48 hours from notice of Any party may appeal Any party may appeal
udgment appealed from from the final judgment from the final judgment
by ordinary appeal or oder to the Supreme or order of the Supreme
Court under Rule 45. Court under Rule 45,
The appeal may raise The appeal may raise

questions of fact or law questions of fact or law
or both or both
The period of appeal The period of appeal

shall be five working shall be five working
days from the date of days from the date of
notice of adverse notice of the judgment
judgment or final order
INSTITUTION OF The Rules does not The Rule does not
SEPARATE ACTION preclude the filing of preclude the filing of
separate criminal, civil, separate criminal, civil,
or administrative or administrative
actions actions
EFFECT OF FILING When a criminal action When a criminal action
CRIMINAL ACTION has been commenced, has been commenced,
no separate petition for no separate petition for
the writ shall be filed. the writ shall be filed.
The reliefs under the
The reliefs under the writ shall be available by
writ shall be available by motion in the criminal
motion in the criminal case
case
CONSOLIDATION When a criminal action When a criminal action
is filed subsequent to is filed subsequent to
the filing of a petition for the filing of a petition for
the writ, the latter shall the writ, the latter shall
be consolidated with the be consolidated with the
criminal action criminal action.
When a criminal action When a criminal action

and a separate civil and a separate civil
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action are filed action are filed

subsequent to a petition subsequent to a petition
for a writ of amparo, the for a writ of habeas
latter shall be data, the petition shall
consolidated with the be consolidated with the
criminal action. criminal action.
After consolidation, the After consolidation, the

procedure under this procedure under this
Rule shall continue to Rule shall continue to
the disposition of the govern the disposition
reliefs in the petition of the reliefs in the
petition.
X
M. WRIT OF HABEAS CORPUS When Habeas Corpus Proper:
A. All cases of illegal confinement/detention by
Writ of Habeas Corpus which any party is deprived of his liberty;
Under Section 1, the WRIT OF HABEAS CORPUS B. If the rightful custody of a person is withheld
shall extend to all cases of illegal confinement or from the one entitled to it.
detention by which any person is deprived of his C. As a post-conviction remedy, it may be allowed
liberty, or by which the rightful custody of any when, as a consequence of a judicial
person is withheld from the person entitled thereto proceeding, any of the following exceptional
except as otherwise expressly provided by law. circumstances is attendant:
(Rule 102, Sec. 1) a. there has been a deprivation of a
constitutional right resulting in the restraint
It may be analogized to a proceeding IN REM and of a person;
instituted for the sole purpose of fixing the status b. the court had no jurisdiction to impose the
of a person. (Herrera, Remedial Law III-A Special sentence; or
Proceedings and Special Rules Implementing the c. the imposed penalty has been excessive,
Family Courts Act of 1997, 2005) thus voiding the sentence as to such
excess. (Go vs. Dimagiba, G.R. No.
NOTE: Actual physical restraint is not required; 151876, June 21, 2005)
any restraint which will prejudice freedom of action D. Invasion or rebellion, when public safety
is sufficient (Moncupa v. Enrile, G.R. No. 63345, requires it. (Article VII, Section 18 of the 1987
1986) Constitution)
Purposes Nature
Its vital purposes are to obtain immediate relief Proceedings in habeas corpus are separate and
from illegal confinement, to liberate those who may distinct from the main case from which the
be imprisoned without sufficient cause, and to proceedings spring. They rarely, if ever, touch the
deliver them from unlawful custody. (Velasco v. merits of the case and require no pronouncement
Court of Appeals, G.R. No. 118644, 1995) with respect thereto. They deal simply with the
detention of the prisoner and stop with the
The object of the writ of habeas corpus is to inquire authority by virtue of which he is detained (Ching
into the legality of the detention, and, if the v. Insular Collector of Customs, G.R. No. L-10972,
detention is found to be illegal, to require the 1916(
release of the detainee. (Mangila v. Judge
Pangilinan, G.R. no. 160739, 2013)
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General rule: Writ of Habeas Corpus shall NOT Corpus may, nevertheless, be available in
issue if the restraint is voluntary. (Sombong v. CA, EXCEPTIONAL CASES, for the writ should not be
G.R. No. 111876, 1996) considered subservient to procedural limitations
which glorify form over substance. It must be kept
Exception: Writ of Habeas Corpus is a proper in mind that although the question most often
remedy to enable parents to regain custody of a considered in both habeas corpus and certiorari
minor, even if the minor is in the custody of a 3rd proceedings is whether an inferior court has
person of his own free will. (Sombong v. CA, G.R. exceeded its jurisdiction, the former involves a
No. 111876, 1996) collateral attack on the judgment and reaches the
body but not the record, while the latter assails
Rationale: Custody cases involving minors are directly the judgment and reaches the record but
prosecuted to determine custody rights over a not the body. (Velasco v. Court of Appeals, G.R.
child. No. 118644, 1995)
Errors of Fact or Law – not correctible by Note: Void Judgment of Conviction

Habeas Corpus In a case where there is a conviction but a violation
Mere errors of fact or law, which did not have the of right against self-incrimination is indeed
effect of depriving the trial court of its jurisdiction violated, the Writ of Habeas Corpus shall issue.
over the case and the person of the defendant, are Said void judgment of conviction may be
not correctible in a petition for the issuance of the challenged by an attack through Habeas Corpus.
writ of habeas corpus; if at all, these errors must This writ may issue even if another remedy which
be corrected on certiorari or on appeal, in the form is less effective may be availed of by the
and manner prescribed by law. defendant. Thus, failure by the accused to appeal
does not preclude a recourse to the writ. The writ
When Other Remedies are Available may be granted upon a judgment already final.
The inquiry in a habeas corpus proceeding is (Chavez v. Court of Appeals, G.R. No. L-29169,
addressed to the question of whether the 1968)
proceedings and the assailed order are, for any
reason, null and void. The writ is not ordinarily 1. CONTENTS OF THE PETITION
granted where the law provides for other remedies
in the regular course, and in the absence of Nature of the Petition for Habeas Corpus
exceptional circumstances.
Who May File an Application for a Writ of
Habeas Corpus
Moreover, habeas corpus should not be granted in
advance of trial. The orderly course of trial must be The application shall be by petition signed and
pursued and the usual remedies exhausted before verified by:
resorting to the writ where exceptional a. The party for whose relief it is intended; or
circumstances are extant. In another case, it was b. Some person on his behalf. (Rule 102, Sec. 3)
held that habeas corpus cannot be issued as a writ
The Petition Shall Set Forth the Following
of error or as a means of reviewing errors of law
and irregularities not involving the questions of 1. The person in whose behalf the application is
jurisdiction occurring during the course of the trial, made is imprisoned or restrained of his liberty;
subject to the caveat that constitutional safeguards 2. Name of the person detaining another or
of human life and liberty must be preserved, and assumed appellation;
not destroyed. (Mangila v. Judge Pangilinan, G.R. 3. Place where he is imprisoned or restrained of
no. 160739, 2013) his liberty; or
4. A copy of the commitment or cause of
Exception: detention, or allegation that there’s none. (Rule
It does not, however, follow that if certiorari is 102, Sec. 3)
available, an application for a writ of habeas
corpus will absolutely be barred. Writ of Habeas
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Who May Grant the Writ B. In case of imprisonment by a person NOT an

a. Supreme Court or any member thereof – officer – the writ shall be directed to an
enforceable anywhere in the Philippines and OFFICER and shall command him to
made returnable before any court 1. Take and have to body of the person
b. Court of Appeals or any member thereof - restrained before the court designated in the
enforceable anywhere in the Philippines and writ; and
made returnable before any court 2. Summon the private person by whom he is
c. Regional Trial Court or a judge thereof – restrained to appear before said judge to
enforceable only within his judicial district, show the cause of the imprisonment or
returnable only to itself. (Rule 102 , Sec. 2) restraint. (Rule 102, Sec. 6)
The Supreme Court, the Court of Appeals and Service of the Writ
Regional Trial Courts have CONCURRENT Service of the Writ shall be made by leaving the
jurisdiction to issue Writs of Habeas Corpus. original with the person to whom it is directed and
preserving a copy on which to make return of
In the absence of ALL Regional Trial Court judges service. (Rule 102, Sec. 7)
in a province or city, Municipal Trial Court judges
MAY hear and decide petitions for a Writ of Defect of Form
Habeas Corpus in that province or city. No Writ of Habeas Corpus can be disobeyed for
defect or form IF it sufficiently states in whose
Family Courts have EXCLUSIVE ORIGINAL custody or under whose restraint the party
JURISDICTION to issue Writ of Habeas Corpus imprisoned is held AND the court or judge to whom
involving the custody of minors. (R.A. 8369) he is to be brought. (Rule 102, Sec. 9)
The Sandiganbayan may grant the writ only if it is Execution of Writ

in aid of its appellate jurisdiction (Festin, Special The officer to whom the Writ is directed shall
Proceedings: A Foresight to the Bar Exam, 2nd convey the person imprisoned or restrained before
Ed. 2011) the court allowing the writ and on such date and
time specified in the writ UNLESS such person
Procedure for Grant of Writ cannot be produced without danger by reason of
1. Filing of the verified petition; some sickness or infirmity.
2. Allowance of Writ if determined by the judge that
the writ ought to issue; The officer shall make due return of the Writ,
3, Service of writ by sheriff or other officer; together with the day and cause of the caption and
4. Return filed; reply to the return, if any. restraint of such person. (Rule 102, Sec. 8)
5. Hearing on return
6. Judgment on the petition – dismissal of the 2. CONTENTS OF RETURN
petition or order of discharge from
imprisonment/restraint. Return Shall be in Writing and Shall State
1. Whether he has or has not the party in his
TO WHOM WRIT DIRECTED, AND WHAT TO custody or power, or under restraint;
REQUIRE 2. The authority and the true and whole cause of
restraint, set forth at large, with a copy of the
To Whom Writ Served writ, order execution, or other process, if any,
A. In case of imprisonment by an officer – the writ upon which the party is held;
shall be directed to such OFFICER and shall 3. If the party is in his custody or power or is
command him to have the body of the person restrained by him, and is not produced,
restrained before the court designated in the particularly the nature and gravity of the
writ. sickness or infirmity of such party by reason of
which he cannot, without danger, be bought
before the court or judge;
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4. If he has had the party in his custody or power, of FACTS, and the party claiming the custody
or under restraint, and has transferred such must prove such facts. Failure to reply to the
custody or restraint to another, particularly to return or controvert the return is NOT fatal to
whom, at what time, for what cause, and by the petition. (Rule 102, Sec. 13)
what authority such transfer was made. (Rule
102, Sec. 10) When LAWFULLY Imprisoned - When
Recommitted or When Bailed
The return or statement shall be signed and sworn If it appears that the prisoner was LAWFULLY
to by the person who makes it if the prisoner is not committed AND is charged with an offense
produced, UNLESS the return is made and signed punishable by death, he shall NOT be released,
by a sworn public officer in his official capacity. discharged or bailed.
(Rule 102, Sec. 11)
If he is LAWFULLY imprisoned AND is charged
Hearing UPON Return with an offense NOT punishable by death, he MAY
When the Writ is returned before the judge, he be recommitted to imprisonment OR admitted to
may forthwith HEAR and examine the return and bail in the discretion of the judge. (Rule 102, Sec.
such other matters as are submitted for 14)
consideration. (Rule 102, Sec. 12)
When Prisoner Discharged IF NO APPEAL
Effect of Failure to File a Return When the court is satisfied that a prisoner is
Failure of petitioners to file a return of the writ unlawfully imprisoned or restrained, an order will
WARRANTS DISMISSAL of the petition. Unless be made for the DISCHARGE from confinement.
the allegations in the return are controverted, they Such discharge will not be effective UNTIL a copy
are DEEMED to be true or admitted. (Florendo v. of the order is SERVED on the officer or person
Javier, G.R. No. L-36101, 1979) detaining the prisoner. (Rule 102, Sec. 5)
When Return Evidence of Cause of Restraint Appeal

and When Only a Plea of Facts; Effect of Appeal may be made forty-eight (48) hours from
petitioner’s failure to file a reply to the return or to notice of the judgment or final order.
controvert statements in the return during the
hearing This shall be in the form of a NOTICE OF APPEAL.
A. If the return is filed by an officer who is the (Rule 41, Sec. 3)
respondent detaining the person concerned
- if the prisoner is in custody under a warrant Prisoner discharged upon a Writ of Habeas
of commitment (public authority) in pursuance Corpus shall NOT be again imprisoned for the
of law, the return is considered PRIMA FACIE SAME OFFENSE, UNLESS, by lawful order or
EVIDENCE of the legality of the process of a court having jurisdiction over the
commitment, imprisonment or cause or offense.
restraint.(Rule 102, Sec. 13)
Those who recommits or imprisons or causes to
Thus, the failure of petitioners to file a reply to be committed or imprisoned for the same offense
the return or controvert the matters stated in the any person set at liberty, shall FORFEIT the sum
return, WARRANTS DISMISSAL of the of one thousand pesos (P1000) AND MAY also be
petition. Unless the allegations in the return are punished for CONTEMPT. (Rule 102, Sec. 17)
controverted, they are DEEMED to be true or
admitted (Florendo v. Javier, G.R. No. L-
36101, 1979)
B. If the return is filed by an officer in case the

prisoner is restrained by a private authority or
person - the return is considered only a PLEA
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3. DISTINGUISH PEREMPTORY WRIT FROM habeas corpus. His remedy would be to quash
PRELIMINARY CITATION the information or warrant. (Rodriguez v. Judge
Bonifacio, A.M. NO. RTJ-99-1510, 2000);
PEREMPTORY WRIT iv. Even granting that a person was illegally
A peremptory writ is a a written document arrested, the petition for a Writ of Habeas
unconditionally commanding the respondent to Corpus will NOT prosper because the
have the body of the detained person before the detention falls under a “legal process” by virtue
court at a time and place specified therein. Issued of the complaint filed against him. (Velasco v.
if the cause of the detention appears to be patently CA, G.R. No. 116884, 1995);
illegal. Noncompliance with this is punishable. v. If the accused was illegally detained, the proper
remedy would be the quashal of the warrant of
PRELIMINARY CITATION arrest and NOT a Writ of Habeas Corpus.
A writ of preliminary citation requires the (Ilagan v. Enrile, G.R. No. 70748, 1985)
respondent to appear and show cause why the
peremptory should not issue. If the person is Posting of bail is NOT a bar for the accused to
detained under governmental authority and the challenge the validity of his arrest. (Rule 114, Sec.
illegality of his detention is not patent from the 26)
petition for the writ, the court issues the citation to
the government officer having custody to show Effect of Release of Detained Person on the
cause why the habeas corpus writ should not Petition
issue. General Rule: The release, whether permanent or
temporary, of a detained person, renders the
In a habeas corpus petition, the order to present petition for habeas corpus moot and academic
an individual before the court is a preliminary step
in the hearing of the petition. The respondent must Exceptions: Petition May Prosper
produce the person and explain the cause of his When there are restraints attached to his release
detention. However, this order is not a ruling on the which precludes freedom of action, in which the
propriety of the remedy or on the substantive court can still inquire into the nature of his
matters covered by the remedy. Thus, the order to involuntary restraint (Villavicencio v. Lukban, G.R.
produce the body is not equivalent to a grant of the No. L-14639, 1919; Moncupa v. Enrile, G.R. No. L-
writ of habeas corpus (In the Matter of the Petition 63345, 1986)
for Habeas Corpus of Alejano vs. Cabuay, G.R.
No. 160792, 2005) Where there are grounds for grave doubts about
the alleged release of the detainees, [such as]
4. WHEN NOT PROPER/APPLICABLE where the standard and prescribed procedure in
effecting the release has not been followed (Dizon
Instances When the Writ of Habeas Corpus Is
v. Eduardo, L-59118, 1988).
NOT Proper:
i. For asserting or vindicating denial of right to 5.WHEN WRIT DISALLOWED/ DISCHARGED
bail (Galvez v. CA, G.R. No. 114046, 1994);
ii. For correcting errors in appreciation of facts or The Writ Is Not Allowed When
appreciation of law – where the trial court had A. Person is in custody of an officer
no jurisdiction over the cause, over the person a. Under process issued by a court or judge;
of the accused, and to impose the penalty or
provided for by law, the mistake committed by b. By virtue of a judgment; or
the trial court, in the appreciation of the facts c. By virtue of an order of the court;
and/or in the appreciation of the law cannot be AND that the court or judge HAD
corrected by habeas corpus (Sotto v. Director JURISDICTION to issue the process,
of Prisons, G.R. No. L-18871, 1962); render the judgment or make the order.
iii. Once a person detained is duly charged in B. Jurisdiction appears after writ is allowed
court, he may no longer file a petition for
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C. Person is charged with or convicted of an 3. That it is to the best interest of the minor
offense in the Philippines concerned to be in the custody of petitioner and
D. Person is suffering imprisonment under lawful not that of the respondent. (Sombong v. CA,
judgment (Rule 102, Sec. 4) G.R. No. 111876, 1996)
6. DISTINGUISH FROM WRIT OF AMPARO The mother who has custody of the child cannot
AND HABEAS DATA refuse to present the child to the court after the
issuance of the writ on the basis of the child of
Note: See Table Above tender years doctrine. It is not legal basis to
deprive the father of custody. Also, Such petition
7. RULES ON CUSTODY OF MINORS AND
did not grant custody to the father but merely
WRIT OF HABEAS CORPUS IN RELATION
required the mother to bring the child to court to
TO CUSTODY OF MINORS (A.M. NO. 03-04- determine custody. (Salientes v. Abanilla, G.R.
04-SC) No. 162734, 2006)
Where Filed
In cases involving minors, the purpose of a petition
The Family Court has exclusive original jurisdiction
for habeas corpus is not limited to the production
to hear petitions for custody of minors and the
of the child before the court. The main purpose of
issuance of the writ of habeas corpus in relation to
the petition for habeas corpus is to determine who
custody of minors. The petition for custody of
has the rightful custody over the child. Therefore,
minors shall be filed with the Family Court of the
mere production of the body of the child does not
province or city where the petitioner resides or
moot the petition for habeas corpus if custody has
where the minor may be found.
not yet been decided. (Bagtas v. Hon. Santos, GR
No. 166682, 2009)
Such petition shall be enforceable only within the
judicial region to which the Family Court belongs.
Who May File
(Sec. 3, A.M. NO. 03-04-04-SC)
The Committee chose the phrase “any person
claiming custody” as it is broad enough to cover
The petition may also be filed with the CA or the
the following:
Supreme Court and such petition shall be
a. The unlawful deprivation of the custody of a
enforceable anywhere within the Philippines. (Sec.
minor; or
20, A.M. NO. 03-04-04-SC)
b. Which parent shall have the care and custody
of a minor, when such parent is in the midst of
The Court is tasked with the duty of promulgating
nullity, annulment or legal separation
special rules or procedure for the disposition of
proceedings. (Sec. 2, A.M. NO. 03-04-04-SC)
family cases with the best interests of the minor as
primary consideration, taking into account the
Defendant Must File Answer; Period to File
United Nations Convention on the Rights of the
Within 5 days from service of summons and a copy
Child. It should be clarified that the writ is issued
of the petition (Sec. 6)
by the Family Court only in relation to custody of
minors. An ordinary petition for habeas corpus
Motion to Dismiss
should be filed in the regular Court. The issue of
A motion to dismiss the petition is NOT allowed
child custody may be tackled by the Family Court
EXCEPT on the ground of lack of jurisdiction over
without need of a separate petition for custody
the subject matter or over the parties. Any other
being filed. (Sec. 20, A.M. NO. 03-04-04-SC)
ground that might warrant the dismissal of the
petition shall be raised as an affirmative defense
Requisites
in the answer. (Sec. 6, A.M. NO. 03-04-04-SC)
1. That the petitioner has the right of custody over
the minor;
Case Study Report
2. That the rightful custody of the minor is being
Upon the filing of the verified answer of the
withheld from the petitioner by respondent; and
expiration of the period to file it, the court may
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order a social worker to make a case study of the guidance for the minor. (Sec. 13, A.M. NO. 03-
minor and the parties and to submit a report and 04-04-SC)
recommendation to the court at least three (3)
days before the scheduled pre-trial. (Sec. 8, A.M. Under Section 1, Rule 102, the writ of habeas
NO. 03-04-04-SC) corpus is available, not only in cases of illegal
confinement or detention by which any person is
Pre-Trial; Effects of Failure to Appear deprived of his liberty, but also in cases involving
Pre-trial is MANDATORY. (Sec. 9, A.M. NO. 03- the rightful custody over a minor.
04-04-SC)
The general rule is that parents should have
If the petitioner fails to appear personally at the custody over their minor children. But the State
pre-trial, the case shall be dismissed, unless his has the right to intervene where the parents, rather
counsel or a duly authorized representative than care for such children, treat them cruelly and
appears in court and proves a valid excuse for the abusively, impairing their growth and well-being
non-appearance of the petitioner. and leaving them emotional scars that they carry
throughout their lives unless they are liberated
If the respondent has filed his answer but fails to from such parents and properly counseled.
appear at the pre-trial, the petitioner shall be (Vingson Yu v. Cabcaban, UDK No. 14817, 2014,
allowed to present his evidence ex parte. The A.M. NO. 03-04-04-SC)
court shall then render judgment on the basis of
the pleadings and the evidence thus presented Temporary Visitation Rights
(Sec. 11) The court shall provide in its order awarding
provisional custody appropriate visitation rights to
Provisional Order Awarding Custody the non-custodial parent or parents, unless the
After and answer has been filed or the expiration court finds said parent or parents unfit or
of the period to file it, the court may issue a disqualified. (Sec. 15, A.M. NO. 03-04-04-SC)
provisional order awarding the custody of the
minor. Hold Departure Order
The minor child subject of the petition shall NOT
The following order of preference shall be be brought out of the country without prior order
observed as far as practicable: from the court while the petition is pending. The
1. Both parents jointly; court motu proprio OR upon application under oath
2. Either parent, taking into account all relevant may issue EX PARTE a hold departure order
considerations especially the choice of the addressed to the Bureau of Immigration and
minor over seven (7) years of age and of Deportation of the Department of Justice a copy of
sufficient discernment, unless parent chosen is the hold departure order within 24 hours from its
unfit; issuance and through the fastest available means
3. The grandparent, if there are several, then the of transmittal (Sec 16, A.M. NO. 03-04-04-SC)
grandparent chosen by the minor over seven
(7) years of age and of sufficient discernment, Appeal
unless grandparent chosen is unfit or Notice of Appeal within fifteen (15) days from
disqualified; notice of denial of motion for reconsideration or
4. The eldest brother or sister over twenty-one new trial.
(21) years of age, unless he or she is unfit or
disqualified No appeal shall be allowed UNLESS a motion for
5. The actual custodian of the minor over twenty- reconsideration or new trial is filed. (Sec. 19, A.M.
one (21) years of age, unless the former is unfit NO. 03-04-04-SC)
or disqualified; or
6. Any other person or institution the court may Confidentiality of the Proceedings
deem suitable to provide proper care and The hearings on custody of minors may, at the
discretion of the court, be closed to the public and
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the records of the case shall not be released to “Any threat”

non-parties without its approval (Sec. 21, A.M. NO. The term “any threat” cannot be taken to mean
03-04-04-SC) every conceivable threat in the mind that may
cause one to fear for his life, liberty, or security. In
the context of the Amparo rule, only actual
threats, as may be established from all the facts
N. WRIT OF AMPARO (A.M. NO. 07-9-12- and circumstances of the case, can qualify as a
SC) violation that may be addresses under the Rule on
the Writ of Amparo (In re: Ladaga, G.R. No.
1. COVERAGE 189689, 2013)
Remedy available to those whose right to life,
Instances Which Do Not Fall Under Life,
liberty and security is violated or threatened with
Liberty, or Security
violation by an unlawful act or omission of a public
The threatened demolition of a dwelling by virtue
official or employee or a private individual or entity.
of a final judgment of the court is not included
It covers extra-legal killings and enforced
among the enumeration of rights for a writ of
disappearances or threats thereof. (Sec. 1, A.M.
amparo. Their claim to their dwelling, assuming
No. 07-9-12-SC, October 24, 2007)
they still have any despite the final and executory
judgment adverse to them, does not constitute
The writ of amparo does not cover impairment of
right to life, liberty and security. (Canlas v.
the right to travel. For it to be granted, petitioner
NAPICO, G.R. No. 182795, 2008).
must show that his right to travel was curtailed to
such an extent as to threaten his right to life, liberty
The writ of amparo is not available against a
and security for which there is no readily available
Barangay Captain’s alleged trespass of
recourse or remedy. (Reyes v. CA, G. R. No.
petitioner’s property since it is merely a violation of
182161, 2009)
petitioner’s property rights (Sps. Pador v. Arcayan,
G.R. No. 183649, 2013)
Extralegal Killings
Killings committed without due process of law (i.e.
The restriction on the petitioner’s right to travel as
without legal safeguards or judicial proceedings).
a consequence of the pendency of the criminal
case filed against him was not unlawful, and thus
Enforced Disappearances
not a valid ground to invoke issuance of Writ of
Attended by the following circumstances:
Amparo (Reyes v. CA, G.R. No. 182161, 2009)
1. Arrest/detention/abduction of a person by a
government official or organized groups or
The writ of amparo is not available in order for a
private individuals acting with the in/direct
biological mother to recover custody of child from
acquiescence of the State;
the DSWD. There is no enforced disappearance.
2. Carried out by or with the authorization, support
When what is involved is the issue of child custody
or acquiescence of the State or a political
and the exercise of parental rights over a child,
organization;
who, for all intents and purposes, has been legally
3. Refusal of the State to disclose the fate or
considered a ward of the State, the Amparo rule
whereabouts of the person concerned, or
cannot be properly applied (Caram v. Segui, G.R.
refusal to acknowledge the deprivation of
No. 193652, 2014).
liberty, which places such persons outside the
protection of the law.
The writ of amparo cannot be availed of by an alien
4. Intention is to remove the person from the
detained by the Bureau of Immigration by virtue of
protection of law for a prolonged period of time.
legal process (Mison v. Gallegos, G.R. Nos.
(Navia v. Paradico, G.R. No. 18446, 2012)
210759, 211403, and 211590, 2015)
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Distinguish Privilege of the Writ of Amparo Distinguish from Habeas Corpus and Habeas
from Actual Order called Amparo Data
The privilege of the Writ of Amparo should be Note: See table above for the comparison of
distinguished from the actual order called the Writ Habeas Corpus, Habeas Data and Writ of Amparo
of Amparo. The privilege includes availment of the
entire procedure outlined in A.M. No. 07-9-12-SC, Does non-appearance of the petitioner affect
the Rule on the Writ of Amparo. (Sec. De Lima v. the validity of a writ of habeas data?
Gatdula, G.R. No. 204528, 2013) No. That petitioner did not appear in the
proceedings at such stage (SC) for fear of
The writ of amparo was conceived to provide reprisals does not affect the validity of the writ
expeditious and effective procedural relief against granted by the CA. (In the Matter of the Petition for
violations or threats of violation of the basic rights the Writ of Amparo and Habeas Data in Favor of
to life, liberty, and security of persons; the Noriel Rodriguez, G.R. No. 191805, Apr 16, 2013)
corresponding amparo suit, however, is not an
action to determine criminal guilt requiring proof Examples on instances when a writ of habeas
beyond reasonable doubt or administrative liability data may issue
requiring substantial evidence that will require full In the case of Noriel Rodriguez, three separate
and exhaustive proceedings. (The Secretary of acts were committed by the respondents which
National Defense v. Manalo, G.R. No. 180906, justify the issuance by the CA of the Writ of
2008) Amparo. First is the taking videos of the photos of
petitioner’s relatives hung on the wall of the house,
Preventive and Curative Roles of the Writ and the innermost portions of the house. There is
The writ of amparo serves both preventive and no reasonable justification for doing this. Second
curative roles in addressing the problem of is the abduction and torture of the petitioner by the
extralegal killings and enforced disappearances. respondents. Third, the failure to conduct a fair
and effective investigation similarly amounted to a
It is preventive in that it breaks the expectation of violation of, or threat to Rodriguez’s rights to life,
impunity in the commission of these offenses; liberty, and security. (In the Matter of the Petition
for the Writ of Amparo and Habeas Data in Favor
It is curative in that it facilitates the subsequent of Noriel Rodriguez, G.R. No. 191805, Apr 16,
punishment of perpetrators as it will inevitably yield 2013)
leads to subsequent investigation and action.
2. DIFFERENCES BETWEEN AMPARO AND
In the long run, the goal of both the preventive and SEARCH WARRANT
curative roles is to deter the further commission of
extralegal killings and enforced disappearances WRIT OF AMPARO SEARCH WARRANT
(Secretary of Defense v. Manalo, G.R. No. Purpose
180906, 2008). Protective: To protect
a person’s right to life, Special Process
Government Involvement an indispensable liberty, or security
requirement Where Filed
To fall within the ambit of A.M. No. 07-9-12-SC in RTC / MTC within
relation to RA 9851, the disappearance must be SC, CA, SB, or RTC whose territorial
attended by some government involvement. This where threat or act jurisdiction / judicial
hallmark of State participation differentiates an committed region a crime was
enforced disappearance case from an ordinary committed
case of a missing person (Navia v. Pardo, G.R. Person Initiating
No. 184467, 2012) Peace officer or law
Private / public person
enforcement agency
Seizure of Personality
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Under IO & PO, Court of the place where the threat, act or
personality is not Personal property is omission was committed or any of its elements
seized but inspected seized occurred.
or copied
When issued by the SUPREME COURT, the writ
The production order under the Amparo Rule shall be returnable before such court or judge, the
should not be confused with a search warrant for Court of Appeals, the Sandiganbayan, or the
law enforcement under Article III, Section 2 of the Regional Trial Court of the place where the threat,
1987 Constitution. This Constitutional provision act or omission was committed or any of its
is a protection of the people from the unreasonable elements occurred.
intrusion of the government, not a protection of the
government from the demand of the people such The writ shall be enforceable ANYWHERE in the
as respondents. Philippines. (Sec. 3, A.M. No. 07-9-12-SC)
Instead, the amparo production order may be NO docket fees shall be paid. (Sec. 4, A.M. No.
likened to the production of documents or things 07-9-12-SC)
under Section 1, Rule 27 of the Rules of Civil
Procedure. (The Secretary of National Defense v. Contents of Petition
Manalo, G.R. No. 180906, 2008) 1. Personal circumstances of the petitioner;
2. The name and personal circumstances of the
3. WHO MAY FILE respondent responsible for the threat, act or
omission, or, if the name is unknown or
The Petition May Be Filed By uncertain, the respondent may be described by
A. Aggrieved Party; or an assumed appellation;
B. Any qualified person or entity in the following 3. The right to life, liberty and security of the
order: aggrieved party violated or threatened with
a. Any member of the immediate family violation by an unlawful act or omission of the
b. Any ascendant, descendant or collateral respondent, and how such threat or violation is
relative of the aggrieved within the fourth (4th) committed with the attendant circumstances
civil degree of consanguinity or affinity detailed in supporting affidavits;
c. Any concerned citizen, organization, 4. The investigation conducted, if any, specifying
association or institution the names, personal circumstances, and
addresses of the investigating authority or
Filing by the aggrieved OR representative individuals, as well as the manner and conduct
suspends the right of all others. (Sec. 2, A.M. No. of the investigation, together with any report;
07-9-12-SC) 5. The actions and recourses taken by the
petitioner to determine the fate or whereabouts
Where to File of the aggrieved party and the identity of the
a. Regional Trial Court - of the place where the person responsible for the threat, act or
threat, act or omission was committed OR any omission; and
of its elements occurred; or 6. The relief prayed for the petition may include a
b. Sandiganbayan; or general prayer for other just and equitable
c. Court of Appeals; or reliefs.
d. Supreme Court.
Note: The petition may be filed on any day,
When issued by the REGIONAL TRIAL COURT, including Saturdays, Sundays, and holidays, and
the writ shall be returnable to such court or judge. at any time, from morning to evening.
When issued by the SANDIGANBAYAN or the Test for Sufficiency in Amparo Petition
COURT OF APPEALS, the writ shall be returnable The test in reading the petition for the writ of
before such court or judge, or to the Regional Trial amparo should be to determine whether it contains
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the details available to the petitioner under the the petitioner. (Sanchez v. Darroca, G.R. No.
circumstances, while presenting a cause of action 242257, October 15, 2019)
showing a violation of the victim’s rights to life,
liberty and security through State or private party Issuance of the Writ
action. Upon the filing of the petition, the court, justice or
judge shall immediately order the issuance of the
The petition should likewise be read in its totality, writ if on its face it ought to issue. (Sec. 6, A.M. No.
rather than in terms of its isolated component 07-9-12-SC)
parts, to determine if the required elements –
namely, of the disappearance, the State or private 4. CONTENTS OF RETURN
action, and the actual or threatened violations of
the rights to life, liberty or security – are present. When to File Return
(Razon v. Tagitis, G.R. No. 184298, 2009) Within 72 hours after service of the writ, the
respondent shall file a verified written return
Lack of Supporting Affidavits is NOT a Ground together with supporting affidavits.
for Dismissal of the Petition
This requirement, however, should not be read as The period to file cannot be extended except on
an absolute one that necessarily leads to the highly meritorious grounds.
dismissal of the petition if not strictly followed.
Where, the petitioner has substantially The Return Shall Contain:
complied with the requirement by submitting a 1. Lawful defenses;
verified petition sufficiently detailing the facts 2. The steps or actions taken to determine the fate
relied upon, the strict need for the sworn or whereabouts of the aggrieved party;
statement that an affidavit represents is 3. All relevant information in the possession of the
essentially fulfilled. respondent pertaining to the threat, act or
omission against the aggrieved party; and
The failure to attach the required affidavits was 4. If the respondent is a public official or
fully cured when the respondent and her witness employee, the return shall further state acts:
(Mrs. Talbin) personally testified in the CA a) To verify identity of aggrieved party
hearings held on January 7 and 17 and February b) To recover and preserve evidence
18, 2008 to swear to and flesh out the allegations c) To identify and collect witness statements
of the petition. Thus, even on this point, the petition d) To determine cause, manner, location, and
cannot be faulted. (Razon v. Tagitis, G.R. No. time of death or disappearance
184298, 2009) e) To identify and apprehend persons involved
f) Bring suspected offenders before a
When Respondent’s Denial is not Supported competent court (Sec. 9, A.M. No. 07-9-12-
by Affidavits, Petition Cannot be Denied SC)
Section 17 of the Rules for the Writ of Amparo NOTE: General denial is not allowed
requires that the respondent, who is a public
5. EFFECTS OF FAILURE TO FILE RETURN
official or employee, must prove that extraordinary
diligence as required by applicable laws, rules and The Court or justice shall proceed to hear the
regulations was observed in the performance of petition ex parte. (Sec. 12, A.M. No. 07-9-12-SC)
duty. When the petitioner has categorically stated
that police cars have driven by her house with 6. OMNIBUS WAIVER RULE
alarming regularity after she identified her
husband's body, respondent’s blanket denial All defenses shall be raised in the return,
without affidavits from his police officers is not otherwise, they shall be deemed waived. (Sec. 10,
enough to the deny the issuance of the Writ. A.M. No. 07-9-12-SC)
Respondent’s failure to exert the extraordinary
diligence expected of him hints at a motive against
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7. PROCEDURE FOR HEARING an infraction of an administrative rule may have

been committed. (Rubrico v. Macapagal-Arroyo,
The hearing shall be SUMMARY in nature. G.R. No. 183871, 2010)
However, the court, justice, or judge MAY call for
a preliminary conference to simplify the issues and 9. EFFECT OF FILING A CRIMINAL ACTION
look at possibility of obtaining stipulations and
admissions from the parties. Hearing shall be from A separate petition for the Writ of Amparo
day to day until completed; same priority as CANNOT be filed, but the remedies available
petitions for writ of habeas corpus. (Sec. 13, A.M. under the WRIT may be availed BY MOTION in
No. 07-9-12-SC) the criminal action. (Sec. 22, A.M. No. 07-9-12-
SC)
Hearing shall be set NOT LATER than seven (7)
days from the issuance of the writ. 10.CONSOLIDATION
When a criminal action is filed subsequent to the

Judgment
filing of a petition for the Writ, the latter shall be
The court shall render judgment within ten (10)
consolidated with the criminal action.
days from the time the petition is submitted for
Nonetheless, the Amparo Rule shall govern the
decision. (Sec. 6, A.M. No. 07-9-12-SC)
disposition of the relief under the Rule (Rubrico v.
Arroyo, G.R. No. 183871, 2010)
Appeal
Any party may appeal from the final judgment or
When a criminal action and a separate civil action
order to the Supreme Court under Rule 45. The
are filed subsequent to a petition for a Writ of
appeal may raise questions of fact or law or both.
Amparo, the latter shall be consolidated with the
criminal action. After consolidation, the procedure
The period of appeal shall be five (5) working days
under this Rule shall continue to apply to the
from the date of notice of the adverse judgment.
disposition of the reliefs in the petition. (Sec. 23,
Appeal shall be given the SAME priority as
A.M. No. 07-9-12-SC)
Habeas Corpus cases. (Sec. 19, A.M. No. 07-9-
12-SC) 11.INTERIM RELIEFS AVAILABLE TO
PETITIONER AND RESPONDENT
Archival of Cases
The court shall not dismiss the petition, but shall Upon Filing of the Petition OR Anytime Before
archive it, if upon its determination it cannot Final Judgment, the Court May Grant Any of
proceed for a valid cause such as the failure of the Following Reliefs to PETITIONER
petitioner or witnesses to appear due to threats on 1. Temporary Protection Order– the court, UPON
their lives. (Sec. 20, A.M. No. 07-9-12-SC) MOTION or MOTU PROPRIO, may order that
the petitioner or the aggrieved party and any
8. INSTITUTION OF SEPARATE ACTION member of the immediate family be protected
in a government agency or by an accredited
This Rule shall NOT preclude the filing of separate
person or private institution capable of keeping
criminal, civil or administrative actions. (Sec. 21,
and securing their safety.
A.M. No. 07-9-12-SC)
2. Inspection Order: the court, UPON MOTION
AND HEARING, may order any person in
It would be inappropriate to apply to amparo
possession or control of a designated property
proceedings the doctrine of command
to permit entry for inspecting relevant
responsibility as a form of criminal complicity
objects/operations/ property.
through omission, for individual respondents’
3. Production order: the court, UPON MOTION
criminal liability, if there be any, is beyond the
AND HEARING, may order any person to
reach of amparo. In other words, the Court does
produce and permit inspection of documentary
not rule in such proceedings on any issue of
or object evidence (i.e. documents, papers,
criminal culpability, even if incidentally a crime or
accounts, etc.)
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4. Witness protection order - The court, justice or basic test of reason—i.e., to the relevance of the
judge, UPON MOTION or MOTU PROPRIO, evidence to the issue at hand and its consistency
may refer the witnesses to the Department of with all other pieces of adduced evidence. Thus,
Justice for admission to the Witness Protection, even hearsay evidence can be admitted if it
Security and Benefit Program, pursuant to satisfies this basic minimum test. (Rodriguez v.
Republic Act No. 6981. (Sec. 14, A.M. No. 07- Macapagal-Arroyo, G.R. no. 191805, 2013)
9-12-SC)
Though hearsay evidence is generally considered
Availability of Interim Reliefs to RESPONDENT inadmissible under rules of evidence, such may be
Upon verified motion of the respondent and after considered in a writ of amparo proceeding if
due hearing, the court, justice or judge may issue required by the unique circumstances of the case.
an inspection order or production order. (Sec. 15, It is the totality of the obtaining situation that must
A.M. No. 07-9-12-SC) be taken into consideration to determine if a
petitioner is entitled to a Writ of Amparo. Police
12. QUANTUM OF PROOF IN APPLICATION surveillance because of the petitioner’s
FOR ISSUANCE OF WRIT OF AMPARO relationship with a suspected member of the NPA,
creates a real threat to life, liberty, or security.
Quantum of Proof in Application for Issuance (Sanchez v. Darroca, G.R. No. 242257, October
of Writ of Amparo: 15, 2019)
1. Establish claims by substantial evidence
2. If respondent is a private individual or entity, he Command Responsibility in Amparo
must prove that ordinary diligence was Proceedings
observed in the performance of duty The doctrine of command responsibility may be
3. If public official or employee, he must prove that used to determine whether respondents are
extraordinary diligence was observed in the accountable for and have the duty to address the
performance of duty. (Sec. 17, A.M. No. 07-9- abduction of Rodriguez in order to enable the
12-SC) courts to devise remedial measures to protect his
rights (Rodriguez v. Macapagal-Arroyo, G.R. No.
Note: Respondent public official of employee 181805, 2011)
cannot invoke the presumption of regularity.
Amparo proceedings determine
Note: The failure to establish that the public official 1. Responsibility, or the extent the actors have
observed extraordinary diligence in the been established by substantial evidence to
performance of duty does not result in the have participated in whatever way, by action or
automatic grant of the privilege of the amparo writ. omission, in an enforced disappearance, and
It does not relieve the petitioner from establishing
his or her claim by substantial evidence. The 2. Accountability, or the measure of remedies
omission or inaction on the part of the public that should be addressed to those who:
official provides, however, some basis for the a. Exhibited involvement in the enforced
petitioner to move and for the court to grant certain disappearance without bringing the level of
interim reliefs. (Yano v. Sanchez, G.R. No. their complicity to the level of responsibility
186640, 2010) defined above;
b. Are imputed with knowledge relating to the
Hearsay Evidence May Be Considered in enforced disappearance and who carry the
Amparo Proceedings burden of disclosure; or
The fair and proper rule is to consider all the pieces c. Carry, but have f ailed to discharge, the
of evidence adduced in their totality, and to burden of extraordinary diligence in the
consider any evidence otherwise inadmissible investigation of the enforced
under our usual rules to be admissible if it is disappearance.
consistent with the admissible evidence adduced.
In other words, we reduce our rules to the most
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Thus, although there is no determination of regularity, as when one pursues a business, and
criminal, civil or administrative liabilities, the is in the nature of a personal endeavor, for any
doctrine of command responsibility may other... reason or even for no reason at all, is
nevertheless be applied to ascertain responsibility immaterial and such will not prevent the writ from
and accountability within these foregoing getting to said person or entity. (Vivares v. St.
definitions (Id.). Theresa’s College, G.R. No. 202666, 2004)
Instances When the Writ is NOT applicable

The writ of habeas data cannot be invoked in labor
O. WRIT OF HABEAS DATA (A.M. NO. 08- disputes where there is no unlawful violation of the
1-16-SC) right to life, liberty, or security (Meralco v. Lim,
G.R. No. 184768, 2010)
1. SCOPE AND AVAILABILITY OF WRIT
The writ of habeas data will not issue to protect
The Writ of Habeas Data is a remedy available to
purely property or commercial concerns, nor when
any person whose right to privacy in life, liberty or
the grounds invoked in support of the petitions
security is violated or threatened by an unlawful
therefor are vague and doubtful (Lee v. Ilagan,
act or omission of a public official or employee, or
G.R. No. 203254, 2014)
of a private individual or entity engaged in the
gathering, collecting or storing of data or 2. DISTINGUISH FROM HABEAS CORPUS
information regarding the person, family, home AND AMPARO
and correspondence of the aggrieved party. (Sec.
1, A.M. No. 08-1-16-SC) Note: See Annex A for the comparison of Habeas
Corpus, Habeas Data and Writ of Amparo
It also involves the right to privacy in life, liberty or
security of the aggrieved party and covers WHO MAY FILE
extralegal killings and enforced disappearances.
(Sec. 2, A.M. No. 08-1-16-SC) Any aggrieved party may file a petition for the Writ
of Habeas Data. (Sec. 2, A.M. No. 08-1-16-SC)
In order for the privilege of the writ to be granted,
there must exist a nexus between the right to In Cases Of Extra-legal Killings And Enforced
privacy on the one hand, and the right to life, Disappearances, The Petition May Be Filed By (In
liberty or security on the other (Manila Electric Order of Preference):
Company v. Lim, G.R. No. 184769, 2010) 1. Any member of the immediate family of the
aggrieved; or in default thereof,
Note: Habeas data is NOT LIMITED to cases of 2. Any ascendant, descendant or collateral
enforced disappearances and extralegal killings relative of the aggrieved party within the fourth
(Vivares v. St. Theresa’s College, G.R. No. (4th) civil degree of consanguinity or affinity.
202666, 2004) (Sec. 2, A.M. No. 08-1-16-SC)
“Engaged” in gathering, collecting, or storing Where Filed

of data a. Regional Trial Court - of the place where
Habeas data cannot be invoked when the petitioner or respondent resides, or that which
respondents are not gathering, collecting, or has jurisdiction over the place where the data
storing data or information (Castillo v. Cruz, G.R. or information is gathered, collected or stored
No. 182165, 2009) at the option of the petitioner; or
b. Supreme Court; or
To "engage" means "to do or take part in c. Court of Appeals; or
something." It does not necessarily mean that the d. Sandiganbayan – when the action concerns
activity must be done in pursuit of a business. public data files of government offices (Sec. 3,
Whether such undertaking carries the element of A.M. No. 08-1-16-SC)
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The Writ shall set the date and time for SUMMARY
When issued by the REGIONAL TRIAL COURT, HEARING which shall NOT be later than ten (10)
the writ shall be returnable to such court or judge. work days from the date of its issuance. (Sec. 7,
A.M. No. 08-1-16-SC)
When issued by the SANDIGANBAYAN or the
COURT OF APPEALS, the writ shall be returnable 4. CONTENTS OF RETURN
such court or justice, or to the Regional Trial Court
of the place where petitioner or respondent The respondent shall file a verified written return
resides, or that which has jurisdiction over the together with supporting affidavits within five (5)
place where the data or information is gathered, working days from service of the writ. This period
collected or stored. MAY be extended by the court for justifiable
reasons.
When issued by the SUPEME COURT, the writ
shall be returnable before such court or judge, the The Return Shall Contain The Following:
Court of Appeals, the Sandiganbayan, or the 1. Lawful defenses such as national security,
Regional Trial Court of the place where petitioner state secrets, privileged communications,
or respondent resides, or that which has confidentiality of the source of information of
jurisdiction over the place where the data or media and others;
information is gathered, collected or stored 2. In case of respondent in charge, in possession
or in control of the data or information subject
The writ shall be enforceable ANYWHERE in the of the petition:
Philippines. (Sec. 4, A.M. No. 08-1-16-SC) i. A disclosure of the data or information about
the petitioner, the nature of such data or
No docket fees shall be paid by the indigent information, and the purpose for its
petitioner. (Sec. 5, A.M. No. 08-1-16-SC) collection
ii. The steps or actions taken by the
3. CONTENTS OF THE PETITION respondent to ensure the security and
confidentiality of the data or information
Verified And Written Petition Shall Contain: iii. The currency and accuracy of the data or
1. Personal circumstances of petitioner and information held; and
respondent; 3. Other allegations relevant to the resolution of
2. Manner the right to privacy is violated or the proceeding (Sec. 10, A.M. No. 08-1-16-SC)
threatened and its effects;
3. Actions and recourses taken by the petitioner NOTE: General denial is not allowed.
to secure the data or information;
4. The location of files, registers, or databases, PROCEDURE FOR HEARING
the government office, and the person in
charge or control; The hearing shall be SUMMARY in nature.
5. The reliefs prayed for; However, the court, justice, or judge MAY call for
6. Such other relevant reliefs as are just and a preliminary conference to simplify the issues and
equitable. (Sec. 6, A.M. No. 08-1-16-SC) look at possibility of obtaining stipulations and
admissions from the parties. (Sec. 15, A.M. No.
Issuance of the Writ 08-1-16-SC)
Upon FILING of the petition, the court shall
immediately order the issuance of the writ if on its Judgment
face it ought to issue. The court shall render judgment within ten (10)
days from the time the petition is submitted for
The Clerk of Court shall cause it to be SERVED decision.
within three (3) days from the issuance.
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Upon finality, the judgment shall be enforced by When a criminal action and a separate civil action
the sheriff or any lawful officer within five (5) are filed subsequent to a petition for a Writ of
working days. (Sec. 16, A.M. No. 08-1-16-SC) Habeas Data, the latter shall be consolidated with
the criminal action. After consolidation, the
Appeal procedure under this Rule shall continue to govern
Any party may appeal from the final judgment or the disposition of the reliefs in the petition.
order to the Supreme Court under Rule 45. The
appeal may raise questions of fact or law or both. 7. EFFECT OF FILING A CRIMINAL ACTION
The period of appeal shall be five (5) working days
from the date of notice of the adverse judgment or When a criminal action has been commenced, no
final order. Appeal shall be given the SAME priority separate petition for the writ shall be filed. The
as Habeas Corpus and Amparo cases. (Sec. 19, relief under the writ shall be available to an
A.M. No. 08-1-16-SC) aggrieved party by motion in the criminal case.
(Sec. 22, A.M. No. 08-1-16-SC)
5. INSTANCES WHEN PETITION IS HEARD
IN THE CHAMBERS The effect is the same as in Amparo cases.
A hearing in chambers may be conducted where 8. INSTITUTION OF SEPARATE ACTION

the respondent invokes the defense that the
The filing of a petition for the Writ of Habeas Data
release of the data or information in question shall
shall NOT preclude the filing of separate criminal,
compromise national security or state secrets, or
civil or administrative actions. (Sec. 20)
when the data or information cannot be divulged
to the public due to its nature or privileged 9. QUANTUM OF PROOF IN APPLICATION
character. (Sec. 12, A.M. No. 08-1-16-SC)
FOR ISSUANCE OF WRIT OF HABEAS
6. CONSOLIDATION DATA
When a criminal action is filed subsequent to the SUBSTANTIAL evidence is required to prove the
filing of a petition for the writ, the latter shall be allegations in the petition. (Sec. 16, A.M. No. 08-1-
consolidated with the criminal action. 16-SC)
P. CHANGE OF NAME
1. DIFFERENCES UNDER RULE 103, REPUBLIC ACT NO. 9048 AND RULE 108
Comparative Table: Rule 103, Rule 108, and R.A. 9048

RULE 103 RULE 108 R.A. No. 9048
Cancellation or Correction of
Substantial change of name Clerical Error Act
Entries in the Civil Registry
Change of full name Change or corrections in the ff Change of first name or
entries in the Civil Registry: nickname, date of birth and
1. Births change of sex of a person
2. Marriages where it is patently clear there
3. Deaths was a clerical or typographical
4. Legal Separation error or mistake in the entry
5. Judgments of Annulments of
Marriage
6. Judgments Declaring Void a
Marriage
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7. Legitimations
8. Adoptions
9. Acknowledgment of Natural
Children
10. Naturalization
11. Election
12. Loss or Recovery of
Citizenship
13. Civil Interdiction
14. Judicial Determination of
Filiation
Who May File
A person desiring to change his Any person interested in any Any person having direct and
name act, event, order or decree personal interest in the
concerning the civil status of correction of a clerical or
persons which has been typographical error in an entry
recorded in the civil register and/or change of first name or
nick name files a verified petition
in the form of an affidavit.
Venue
RTC of the province where the RTC of the city or province a. Local civil registry office or
petitioner has been residing for where the corresponding civil Clerk of the Shari’a Court
3 years prior to the filing of the registry is located where the record being
petition sought to be corrected or
changed is kept;
b. If petitioner has already
migrated to another place in
the country, petition-receiving
civil registrar of the place
where the interested party is
presently residing or
domiciled; or
c. Citizens of the Philippines
who are presently residing or
domiciled in foreign
countries; nearest Philippine
Consulates
What to File?
Signed and verified petition Verified petition for cancellation Verified petition in the form of an
or correction of any entry affidavit (summary procedure)
Grounds tor Change of Name
a. When the name is ridiculous, Upon good and valid grounds, a. The petitioner finds the first
dishonorable or extremely the entries in the civil registry name or nickname to be
difficult to write or pronounce; may be cancelled and corrected ridiculous, tainted with
b. When the change results as dishonor or extremely difficult
a legal consequence, as in to write or pronounce;
legitimation; b. The new first name or
c. When the change will avoid nickname has been
confusion; habitually and continuously
used by the petitioner and he
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d. Having continuously used has been publicly known by

and been known since that by that first name or
childhood by a Filipino name, nickname in the community:
unaware of her alien or
parentage; c. The change will avoid
e. A sincere desire to adopt a confusion.
Filipino name to erase signs
of former alienage, all in
good faith and without
prejudicing anybody; and
f. When the surname causes
embarrassment and there is
no showing that the desired
change of name was for a
fraudulent purpose or that
the change of name would
prejudice public interest.
(Republic v. Wong, G.R. No.
97906, 1992)
Publication and Posting
At least once a week for three At least once a week for three At least once a week for two
consecutive weeks in a consecutive weeks in a consecutive weeks in a
newspaper of general circulation newspaper of general circulation newspaper of general circulation
(notice of hearing) (notice of hearing) (petition)
No posting No posting Duty of the Civil Registrar or

Consul to post the petition in a
conspicuous place for ten
consecutive days
Appeal
Court of Appeals, under Rule Court of Appeals, under Rule Civil Registrar General (head of
109 109 NCSO)
X
e. Sincere desire to adopt Filipino name to erase
2. GROUNDS FOR CHANGE OF NAME signs of former alienage, all in good faith and
without prejudicing anybody
Grounds for Change of Name Under Rule 103: f. Surname causes embarrassment and there is
The Supreme Court has recognized the following no showing that the desired change of name
as valid and compelling reasons to change one’s was for a fraudulent purpose or that the
name: change of name would prejudice public
a. Name is ridiculous, dishonorable, or extremely interest.
difficult to write or pronounce
b. Change results as a legal consequence, as in Grounds for change of first name or nickname
legitimation under RA 9048
c. Change will avoid confusion A person’s first name or nickname may be
d. When one has continuously used and been changed on the following grounds:
known since childhood by a Filipino name, and a. The petitioner finds the first name or nickname
was unaware of alien parentage to be ridiculous, tainted with dishonor, or
extremely difficult to write or pronounce
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b. The new first name or nickname has been reflect the truth as set forth by the evidence.
habitually and continuously used by the Otherwise stated, in allowing the correction of the
petitioner and he has been publicly known by subject certificate of marriage by cancelling the
that first name or nickname in the community; wife portion thereof, the trial court did not, in any
or way, declare the marriage void as there was no
c. The change will avoid confusion (RA 9048, marriage to speak of. (Republic v. Olaybar, G.R.
Sec. 4) No. 189538, 2014)
Procedure for Change of Name
Order for Hearing Q. ABSENTEES

If the verified petition is sufficient in substance and
1. PURPOSE OF THE RULE
form, the court shall fix a date and place for a
HEARING by way of an order.
The declaration of absence made according to
Civil Code has the sole purpose of enabling the
The ORDER shall be published for three (3)
taking of necessary precautions for the
successive weeks in some newspaper of general
administration of the absentee’s estate. It also
circulation published in the province. (Rule 103,
aims to have the court appoint the present spouse
Sec. 3)
as administrator or administratrix of the absent
spouse’s properties, or for the separation of
Hearing
properties of the spouses.
The date of the hearing shall NOT be within thirty
(30) days prior to an election nor within four (4)
Rule 107 is proper only where the absentee has
months after the LAST publication of notice. (Rule
properties to be administered. (Jones v.
103, Sec. 3)
Hortiguela, G.R. No. L-43701, 1937; IN RE:
Declaration of Absence of Robert Reyes, G.R. No.
Opposition
L-32026, 1986)
ANY interested person may oppose. The Solicitor
General or the proper fiscal SHALL appear on Appointment of Representative
behalf of the Government. (Rule 103, Sec. 4)
A Petition for the Appointment of a
Judgment Representative May be Filed When:
Upon satisfactory proof of compliance with the
a. A person disappears from his domicile, his
publication requirement and that the allegations of
whereabouts being unknown, and without
the petition are true, the court shall adjudge that
having left an agent to administer his property;
the name be changed. (Rule 103, Sec. 5)
or
b. There exists an agent for the absentee but his
A procedure for correction of entries can be power has expired. (Rule 107, Sec. 1)
availed of to change the status from married to
single. Rule 108 cannot be availed of to determine Where Filed
the validity of marriage, but the court cannot nullify
In the Regional Trial Court of the place where the
the proceedings before the trial court where all the
ABSENTEE resided before his disappearance.
parties had been given the opportunity to contest
(Rule 107, Sec. 1)
the allegations of respondent; the procedures
were followed, and all the evidence of the parties
had already been admitted and examined.
If applicant indeed sought, not the nullification of

marriage as there was no marriage to speak of, but
the correction of the record of such marriage to
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2. WHO MAY FILE; WHEN TO FILE petitioner on or before the date of the hearing.
(Rule 107, Sec. 5)
Who May Petition for a Declaration of Absence
and Appointment of Administrator? Effectivity of Declaration
a. Spouse present; In case of declaration of absence, it shall NOT take
b. Heirs instituted in a will; effect until six (6) months AFTER its publication in
c. Relatives who will succeed by intestacy; a newspaper of general circulation. (Rule 107,
d. Those who have some right subordinated to Sec. 6)
the condition of his death over the absentee’s
property. (Rule 107, Sec. 2) Who May be Appointed
Note: Declaration of absence is different from a The SPOUSE PRESENT shall be preferred when
petition for the declaration of presumptive death of there is no legal separation.
an absentee spouse. The latter is a summary
proceeding, not a special proceeding. (Republic v. If the absentee left no spouse, or if the spouse
CA, G.R. No. 163604, 2005) present is a minor or otherwise incompetent, ANY
COMPETENT person may be appointed by the
When to Petition (based on Section 2, Rule 107 court. (Rule 107, Sec. 7)
of the Rules of Court and Art. 384 of the Civil
Code) Termination of Administration
A. After two (2) years: Administration of the Property of the Absentee
a. From the disappearance and without any Shall Cease UPON ORDER in the Following
news about the absentee; or Cases
b. Since the receipt of the last news about a. When the absentee appears personally or by
him; means of an agent;
B. After five (5) years, if he left an administrator of b. When the death of the absentee is proved and
his property. (Rule 107, Sec. 2) his testate or intestate heirs appear;
c. When a third person appears, showing by a
HEARING proper document that he has acquired the
absentee's property by purchase or other title.
Copies of the notice of the time and place fixed for (Rule 107, Sec. 8)
hearing shall be SERVED upon the known heirs,
legatees, devisees, creditors and other interested
persons at least ten (10) days BEFORE the day of
the hearing. R. CANCELLATION OR CORRECTION OF
ENTRIES IN THE CIVIL REGISTRY
The notice shall be PUBLISHED once a week for
three (3) consecutive weeks prior to the time Filing of Petition
designated for the hearing in a newspaper of
general circulation in the province/city where the Who May File
absentee resides. (Rule 107, Sec. 4) ANY person interested in any act, event, order or
decree concerning the CIVIL STATUS of persons
These requisites MUST be complied with, and which had been recorded in the civil register MAY
such compliance must be shown at the hearing file a VERIFIED PETITION for the cancellation or
before the court shall decide on the same. (Rule correction of any entry relating thereto. (Rule 108,
107, Sec. 6) Sec. 1)
Opposition Where Filed

ANYONE may file a written opposition with the The petition shall be filed with the REGIONAL
grounds stated therein. It must be served on the TRIAL COURT of the province where the
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corresponding civil registry is located. (Rule 108, 6. Judgments declaring marriages void from the
Sec. 1) beginning;
7. Legitimations;
Significance of R.A. No. 9048 8. Adoptions;
With the passage of RA 9048, an entry in a civil 9. Acknowledgments of natural children;
register may now be changed or corrected when it 10. Naturalization;
involves clerical or typographical errors and 11. Election, loss or recovery of citizenship;
change of first name, the day and month in the 12. Civil interdiction;
date of birth or sex of a person where it is patently 13. Judicial determination of filiation;
clear that there was a clerical or typographical 14. Voluntary emancipation of a minor; and
error or mistake in the entry, which can be 15. Changes of name. (Rule 108, Sec. 2)
corrected or changed by the concerned city or
municipal civil registrar or consul general PROCEDURE FOR CANCELLATION OR
(Republic Act No. 9048, Sec. 1) CORRECTION OF ENTRIES IN THE CIVIL
REGISTRY
Clerical or typographical errors in entries of the
civil register are now to be corrected and changed Parties to the Proceeding
without need of a judicial order and by the city or The Civil Registrar AND all interested persons
municipal civil registrar or consul general (Lee v. shall be made parties to the proceeding. (Rule
Court of Appeals, G.R. No. 118387, 2001) 108, Sec. 3)
Coverage of R.A. No. 9048 Notice and Publication

Changes in entries in a civil register under R.A. Persons named in the petition must be given
No. 9048 are limited only to clerical or NOTICE of the time and place set for hearing the
typographical errors. These are errors that are petition. Such order must also be PUBLISHED
“harmless and innocuous…which are visible to the once a week for three (3) consecutive weeks in a
eyes or obvious to the understanding and can be newspaper of general circulation in the province.
corrected or changed only by reference ot other (Rule 108, Sec. 4)
existing record or records (Republic Act. No. 9048,
Sec. 2 (3)) General Rule: Notice and publication is
mandatory.
The following entries may now be changed
through administrative proceedings: Exception: There is substantial compliance when
1. First name there is publication. It may be deemed sufficient
2. Nickname notice that vests jurisdiction with the court because
3. Day and month in the date of birth; and an action to correct and cancel entries is an action
4. Sex in rem. (Republic v. Kho G.R. No. 170340, 2007)
1. ENTRIES SUBJECT TO CANCELLATION Opposition

OR CORRECTION UNDER RULE 108, IN The Civil Registrar AND any interested person
RELATION TO R.A. 9408 MAY file his opposition within fifteen (15) days.
Upon Good and Valid grounds, the Following

Entries in the Civil register May be Cancelled
or Corrected: S. APPEALS IN SPECIAL PROCEEDINGS
1. Births
2. Marriage; 1. JUDGMENTS AND ORDERS FOR WHICH
3. Deaths; APPEAL MAY BE TAKEN
4. Legal separations;
5. Judgments of annulments of marriage; An interested person may appeal in special
proceedings from an order or judgment rendered
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by a Court of First Instance or a Juvenile and

Domestic Relations Court, where such order or Note: In certain special proceedings, appeal may
judgment: be taken from one aspect of the case while the
a. Allows or disallows a will court proceeds to hear another aspect of the case.
b. Determines who are the lawful heirs of a For instance, an appeal may be taken from an
deceased person, or the distributive share of order admitting the will to probate, while the court
the estate to which such person is entitled proceeds to resolve its intrinsic validity (Republic
c. Allows or disallows, in whole or in part, any of the Philippines v Marcos II, G.R. No. 130371,
claim against the estate of a deceased person, August 4, 2009)
or any claim presented on behalf of the estate
in offset to a claim against it 3. MODES OF APPEAL
d. Settles the account of an executor,
administrator, trustee, or guardian The following modes of appeal may be resorted to
e. Constitutes, in proceedings related to the when proper:
settlement of the estate of a deceased person, a. Appeal from Municipal Trial Courts to
or the administration of a trustee or guardian, a Regional Trial Court (Rule 40)
final determination in the lower court of the b. Appeal from the Regional Trial Courts (Rule
rights of the party appealing, except that no 41)
appeal shall be allowed on the appointment of c. Petition for Review from the Regional Trial
a special administrator Courts to the Court of Appeals (Rule 42)
f. Is the final order or judgment rendered in the d. Appeal by Certiorari to the Supreme Court
case, and affects the substantial rights of the (Rule 45)
person appealing unless it be an order granting
or denying a motion for a new trial or for If it is an ordinary appeal under Rules 40 or 41, and
reconsideration (Rule 109, Sec. 1) the subject proceedings are subject to multiple
appeals, like settlement of estate, the appeal
2. WHEN TO APPEAL period is 30 days, a notice of appeal and record of
appeal being required. Settlement of estate is the
PROCEEDING DEADLINE TO FILE only species of special proceedings where there
AN APPEAL are many stages.
Special proceedings A. 15 days from notice
of the order or 4. RULE ON ADVANCE DISTRIBUTION
judgment appealed
Notwithstanding a pending controversy or appeal
from
in proceedings to settle the estate of a decedent,
B. 30 days from notice
the court may, in its discretion and upon such
of the order or
terms as it may deem proper and just, permit that
judgment appealed
such part of the estate as may not be affected by
from if the case
the controversy or appeal be distributed among
involves multi-
the heirs and legatees, upon compliance with the
appeals
conditions set forth in Rule 90 of the Rules (Rule
Writ of habeas corpus 48 hours from service
109, Sec.2)
of judgment
Writ of amparo Five (5) working days
Although it is within the discretion of the RTC
from notice of judgment
whether or not to permit the advance distribution
Writ of habeas data Five (5) working days
of the estate, its exercise of such discretion should
from notice of judgment
be qualified by the following:
Writ of kalikasan 15 days from notice of 1. Only part of the estate that is not affected by
judgment or denial of any pending controversy or appeal may be the
motion for subject of advance distribution (Rule 109 Sec.
reconsideration
2); and
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2. The distributes must post a bond, fixed by the

court, conditioned for the payment of
outstanding obligations of the estate (Rule 90,
Sec. 1)
Where, however, the estate has sufficient assets

to ensure the equitable distribution of the
inheritance in accordance with law and the final
judgment in the proceedings and it does not
appear there are unpaid obligations, as
contemplated in Rule 90, for which provisions
should have been made or a bond required, such
partial distribution may be allowed (Quasha
Ancheta Pena and Nolasco Law Office vs LCN
Construction Corp., G.R. No. 174873, August 26,
2008)
Partial distribution of the decedent’s estate

pending final termination of the testate or intestate
proceeding should as much as possible be
discouraged by the courts, and except in extreme
cases, such advanced form of inheritance should
not be countenanced (Quasha Ancheta Pena and
Nolasco Law Office vs LCN Construction Corp.,
G.R. No. 174873, August 26, 2008)
 end of topic 
Page 406 of 711

CRIMINAL
PROCEDURE
Remedial Law
ATENEO CENTRAL
VII. CRIMINAL PROCEDURE 8. Remedies of accused if there was no

preliminary investigation
9. Inquest
E. ARREST
A. GENERAL MATTERS
1. Arrest, how made
1. Distinguish jurisdiction over subject matter
2. Arrest without warrant, when lawful
from jurisdiction over person of the accused
3. Method of arrest
2. Requisites for exercise of criminal
a. By officer with warrant
jurisdiction
b. By officer without warrant
3. Jurisdiction of criminal courts
c. By Private person
4. When injunction may be issued to restrain
4. Requisites of a valid warrant of arrest
criminal prosecution
5. Determination of probable cause for
issuance of warrant of arrest
B. PROSECUTION OF CRIMINAL OFFENSES
1. Criminal actions, how instituted
F. BAIL
2. Who may file them, crimes that cannot be
1. Nature
prosecuted de oficio
2. When a matter of right; exceptions
3. Criminal actions, when enjoined
3. When a matter of discretion
4. Control of prosecution
4. Hearing of application for bail in capital
5. Sufficiency of complaint or information
offenses
6. Designation of offense
5. Guidelines in fixing amount of bail
7. Cause of the accusation
6. Bail when not required
8. Duplicity of the offense; exception
7. Increase or reduction of bail
9. Amendment or substitution of complaint or
8. Forfeiture and cancellation of bail
information
9. Application not a bar to objections in illegal
10. Venue of criminal actions
arrest, lack of or irregular preliminary
11. Intervention of offended party
investigation
C. PROSECUTION OF CIVIL ACTION
G. ARRAIGNMENT AND PLEA
1. Rule on implied institution of civil action with
1. How made
criminal action
2. When should plea of not guilty be entered
2. When civil action may proceed
3. When may accused enter a plea of guilty to
independently
a lesser offense
3. When separate civil action is suspended
4. Accused plead guilty to capital offense, what
4. Effect of the death of accused or convict on
the court should do
civil action
5. Searching inquiry
5. Prejudicial question
6. Improvident plea
6. Rule on filing fees in civil action deemed
instituted with the criminal action
H. MOTION TO QUASH
1. Grounds
D. PRELIMINARY INVESTIGATION
2. Distinguish from demurrer to evidence
1. Nature of right
3. Effects of sustaining the motion to quash
2. Purposes of preliminary investigation
4. Exception to the rule that sustaining the
3. Who may conduct determination of
motion is not a bar to another prosecution
existence of probable cause
5. Double jeopardy
a. Distinguish: Executive and Judicial
6. Provisional dismissal
Determination of Probable Cause
4. Resolution of investigation prosecutor
I. PRE-TRIAL
5. Review
1. Matters to be considered during pre-trial
6. When warrant of arrest may issue
2. What the court should do when prosecution
7. Cases not requiring a preliminary
and offended party agree to the plea offered
investigation
by the accused
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3. Pre-trial agreement 5. Personal examination by judge of the

4. Non-appearance during pre-trial applicant and witness
5. Pre-trial order 6. Particularity of place to be searched and
things to be seized
J. TRIAL 7. Personal property to be seized
1. Instances when presence of accused is 8. Exceptions to search warrant requirement
required by law a. Search incidental to lawful arrest
2. Requisite before trial can be suspended on b. Consented search
account of absence of witness c. Search of moving vehicle
3. Trial in absentia d. Check points; body checks in airport
4. Remedy when accused is not brought to trial e. Plain view situation
within the prescribed period f. Stop and frisk situation
5. Requisites for discharge of accused to g. Enforcement of custom laws
become a state witness 9. Remedies from unlawful search and seizure
6. Effects of discharge of accused as state
witness 10. Cybercrime Warrants
7. Demurrer to evidence a. Scope and Applicability
8. Guidelines on Continuous Trial b. General Provisions
a. Applicability c. Preservation of Computer Data
b. Prohibited and Meritorious Motions d. Disclosure of Computer Data
c. Arraignment and Pre-trial e. Interception of Computer Data
d. Trial; Memoranda f. Search, Seizure, and Examination of
e. Promulgation Computer Data
g. Custody of Computer Data
K. JUDGMENT h. Destruction of Computer Data
1. Requisites of a judgment
2. Contents of judgment O. PROVISIONAL REMEDIES
3. Promulgation of judgment; instances of
promulgation of judgment in absentia
4. When does judgment become final
L. NEW TRIAL OR RECONSIDERATION

1. Grounds for new trial
2. Grounds for reconsideration
3. Requisites before a new trial may be granted
on ground of newly discovered evidence
4. Effects of granting a new trial or
reconsideration
M. APPEAL
1. Effect of an appeal
2. Where to appeal
3. How appeal taken
4. Effect of appeal by any of several accused
5. Grounds for dismissal of appeal
N. SEARCH AND SEIZURE

1. Nature of search warrant
2. Distinguish from warrant of arrest
3. Application for search warrant, where filed
4. Probable cause for issuance of search
warrant
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A. GENERAL MATTERS Liberal Construction of the Rules of Procedure

The rules of criminal procedure shall be liberally
Criminal Procedure construed in favor of the accused and strictly
It is the method prescribed by law for the against the State to even the odds in favor of the
apprehension and prosecution of persons accused against whom the entire machinery of the
accused of any criminal offense and for their State is mobilized. It is construed as a legal
punishment, in case of conviction. safeguard in furtherance of the rights of the
accused.
It is the series of processes by which criminal laws
are enforced and by which the State prosecutes These Rules shall be liberally construed in order
persons who violate the penal laws. It regulates to promote their objective of securing a just,
the steps by which one who committed a crime is speedy and inexpensive disposition of every
punished. (PP v. Lacson, G.R. No. 149453, 2003) action and proceeding (Rule 1, Sec. 6)
Whereas civil procedure is that branch of remedial Retroactive effect of the Rules on Criminal
law concerned with civil rights and redress of Procedure
private wrongs not amounting to crime. Rules of criminal procedure are given retroactive
application in so far as they benefit the accused.
Criminal law vs. Criminal Procedure (PP v. Baubayan, G.R. No. 112459, 2003).
CRIMINAL LAW CRIMINAL
PROCEDURE 1. DISTINGUISH JURISDICTION OVER
SUBJECT MATTER FROM JURISDICTION
Substantive Remedial or OVER PERSON OF THE ACCUSED
Procedural
It declares what acts It provides how the act JURISDICTION OVER JURISDICTION OVER
are punishable is to be punished SUBJECT MATTER THE PERSON OF
It defines crimes, treats It provides for the THE ACCUSED
for their nature and method by which a Derived from the law Acquired either by his
provides for their person accused of a arrest or his voluntary
punishment crime is arrested, tried, appearance in court.
and punished It can never be acquired May be acquired by
solely by consent of the consent of the accused
Note: The system of procedure in the Philippines accused. The parties or by waiver of
is accusatorial or adversarial where two cannot waive it. objections or failure to
contending parties appear before the court, which invoke the objection
hears them impartially and renders judgment only
after trial. (Queto v. Catolico, G.R. No. L-25204 & Objection that the court If he fails to make his
L-25219, 1970) has no jurisdiction over objection in time, he will
the subject matter may be deemed to have
Jurisdiction be made at any stage of waived it.
the proceeding and the
It is the power or authority given by the law to a
right to make such
court or tribunal to hear and determine certain
controversies. It is the power of courts to hear and objection is never
determine a controversy involving rights which are waived, even on
demandable. appeal.
Criminal Jurisdiction
It is the power of a State to try and punish a person
for a violation of its penal laws. (PP v. Mariano,
G.R. No. L-40527, 1976)
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2. REQUISITES FOR EXERCISE OF b. Should forge or counterfeit any coin or

CRIMINAL JURISDICTION currency note of the Philippine Islands or
obligations and securities issued by the
a. Jurisdiction Over Subject Matter Government of the Philippine Islands;
c. Should be liable for acts connected with the
The offense, by virtue of the imposable penalty or introduction into these Islands of the
its nature, is one which the court is by law obligations and securities mentioned above.
authorized to resolve. d. While being public officers and employees,
should commit an offense in the exercise of
This jurisdiction is conferred by law, and not simply their functions; or
by rules. The conferment must be clear and it e. Should commit any of the crimes against
cannot be presumed. On the other hand, criminal national security and the law of nations.
jurisdiction over a criminal case is determined by
the allegations in the complaint or information Crimes against national security include
(Mobilia Products v. Umezawa, G.R. No. 149357, treason, conspiracy and proposal to commit
2005) treason, misprision of treason, espionage,
inciting to war and giving motives for
Note: For the Sandiganbayan, both the nature of reprisal, violation of neutrality,
the offense and the positions occupied by the correspondence with hostile country and
accused are conditions sin qua non before the flight to enemy’s country. Crimes against
Sandiganbayan can validly take cognizance of the laws of nations are piracy and mutiny.
case. (Uy v. Sandiganbayan, G.R. No. 105965-70, 2. Where an offense is committed on a railroad
1999) train, in an aircraft, or in any other public or
private vehicle while in the course of its trip,
b. Jurisdiction Over Territory
the criminal action may be instituted and tried
The offense must have been committed or any of in the court of any municipality or territory
its essential ingredients took place within the where such train, aircraft or other vehicle
territorial jurisdiction of the court. In criminal cases, passed during such trip, including the place
venue is an essential element of jurisdiction, thus, of departure and arrival [Rule 110, Sec. 15
cannot be waived (Navaja v. De Castro, G.R. No. (b)].
182926, 2015). 3. Where an offense is committed on board a
vessel in the course of its voyage, the
If the evidence adduced during the trial shows that criminal action may be instituted and tried in
the offense was committed somewhere else, the the proper court of the first port of entry or of
court should dismiss the action for want of any municipality or territory through which the
jurisdiction. (Treñas v People, G.R. No. 195002, vessel passed during such voyage subject to
2012). the generally accepted principles of
international law [Rule 110, Sec. 15 (c)].
Exception/s: 4. In those cases where the Supreme Court, in
1. Where the offense was committed under the the interest of truth and impartial justice and
exceptional circumstances provided for in pursuant to its constitutional powers,
Article 2 of the Revised Penal Code, the transfers the place of trial from one place to
offense is cognizable before Philippine courts another.
even if committed outside of the territory of the 5. Where the case is cognizable by the
Philippines. Sandiganbayan, the jurisdiction depends
Note: Article 2 of the RPC includes offenders upon the nature of the offense and the
who (SCION) position of the accused. The offense need not
a. Should commit an offense while on a be tried in the place where the act was
Philippine ship or airship; committed but where the court actually sits.
Page 411 of 711

ATENEO CENTRAL
Note: When the greater convenience of the c. Jurisdiction Over The Person Of The
accused and of the witnesses, or other Accused
compelling considerations so require, a case
originating from one geographical region may The person charged with the offense must have
be heard in another geographical region. been brought to the court’s presence for trial,
(R.A. 8249, Sec. 2) forcibly by warrant of arrest or upon his voluntary
6. In cases of written defamation. The case may submission to the court.
be filed in the province or city where the
offended party held office at the time of the General Rule: Seeking affirmative relief is
commission of the offense if he is a public deemed to be submission to the jurisdiction of the
officer, or in the province or city where he court. It may be accomplished by filing a pleading
actually resided at the time of the commission to the merits (such as through a motion to quash),
of the offense in case the offended party is a appearing for arraignment, entering trial, or by
private individual. (RA. 4363) filing bail. (Santiago v. Vasquez, G.R. No. 99289-
7. In cases of illegal recruitment, the criminal 90, 1993)
action can be filed in the Regional Trial Court
of the province or city where the crime was Exceptions:
committed or where the offended party 1. Motion to quash a complaint on the ground of
actually resides at the time the offense was lack of jurisdiction over the person of the
committed (R.A. 10022, Rule IV, § 6). accused
8. Trafficking in persons, criminal action shall be 2. Motion to quash a warrant of arrest (Miranda
filed where the offense was committed, or v. Tuliao, G.R. No. 158763, 2006).
where any of its elements occurred, or where
the trafficked person actually resides at the Special Rule on Application for Admission to
time of the commission of the offense (R.A. Bail
9208, § 9). The State shall exercise In narrow cases involving special appearances, an
jurisdiction over any act, even if committed accused can invoke the processes of the court
outside the Philippines and whether or not even though there is neither jurisdiction over the
such act or acts constitute an offense at the person nor custody of the law. However, if a
place of commission, it being a continuing person invoking the special jurisdiction of the court
offense, having been commenced in the applies for bail, he must first submit himself to the
Philippines and other elements having been custody of the law.
committed in another country if the suspect
or accused: Custody of Law v. Jurisdiction over the Person
a. Is a Filipino citizen, (Miranda v Tuliao).
b. Is a permanent resident of the Philippines, Jurisdiction over
Custody of Law
or the person
c. Has committed the act against a citizen of Required before the Required for the
the Philippines. court can act upon the adjudication of other
No prosecution may be commenced if a application for bail reliefs
foreign government has prosecuted or is Accomplished by Acquired upon his
prosecuting such person except upon the either arrest or arrest or voluntary
approval of the Secretary of Justice. (R.A. voluntary surrender appearance
No. 9208, Sec. 26-A) One can be under the One can be subject to
custody of the law but the jurisdiction of the
Note: This is a non-exclusive list. There are other not yet subject to the court over his person,
special penal laws which have extraterritorial jurisdiction of the and yet not be in the
application. court over his person, custody of the law,
such as when a such as when an
person arrested by accused escapes
Page 412 of 711

ATENEO CENTRAL
virtue of a warrant custody after his trial Once vested, jurisdiction cannot be withdrawn by:
files a motion before has commenced 1. Subsequent amendment or stipulation
arraignment to quash (People v. Chupeco, G.R. No. 19568, 1964)
the warrant or;
2. Subsequent statutory amendment of the rules
Doctrine of Estoppel of jurisdiction.
General Rule: Lack of jurisdiction may be raised
at any stage of the proceedings, in the trial court
or on appeal. (US v. de la Santa, G.R. No. L-3181, Exception: The succeeding statute:
1907). a. Expressly provides otherwise; or
Exception: After voluntarily submitting a cause b. Is construed that it is intended to operate to
and encountering an adverse decision on the actions pending before its amendment (Binay
merits, it is too late for the loser to question the v. Sandiganbayan, G.R. No. 120011, 1999)
jurisdiction or power of the court.
Jurisdiction is retained regardless of:
While the jurisdiction of a tribunal may be 1. Whether the evidence proves a less offense
challenged at any time, sound public policy bars that that charged in the information
the petitioners from so doing after their having 2. The subsequent happening of events, although
procured that jurisdiction themselves, speculating of a character which would have prevented
on the fortunes of litigation. (People v. Munar, G.R. jurisdiction from attaching in the first instance.
No. L-37642, 1973).
3. JURISDICTION OF CRIMINAL COURTS
Determination of Criminal Jurisdiction (NPAL)
a. Criminal Jurisdiction Of The MTC And
1. Determined by the Nature of the offense and/or
Penalty attached thereto and not what may be RTC
meted out after trial but by the extent of the
Jurisdiction is based on violations committed and
penalty which the law imposes for the offense.
penalty imposed.
It is the imposable penalty over the lower
penalty that might be adjudged. (People v.
Municipal Trial Court
Purisima G.R. No. L-40902, 1976)
1. Exclusive Original Jurisdiction
2. Determined by the Allegations in the complaint
a. Over all violations of city or municipal
or information, not by the result of proof or by
ordinances committed within their
the trial court’s appreciation of the evidence
respective territorial jurisdictions;
presented. It is also not determined by the
b. Over all offenses punishable with
caption or charges in the complaint.
imprisonment of not more than 6 years
3. Determined by the Law in force at the time of
irrespective of the amount of fine (prision
the institution of the criminal action (when the
correccional);
action is filed) and not at the time of the
c. Over all offenses punishable with fine only
commission of the offense. (De la Cruz v.
amounting to not more than P4,000.00
Moya, G.R. No. L-65192, 1988)
without the penalty of imprisonment.
d. Over all offenses (except violations of RA
Principle of Adherence of Jurisdiction
3019 and Arts. 210 to 212 of RPC)
Once jurisdiction is vested in the court, it is
committed by public officers and employees
retained up to the end of litigation. It remains with
in relation to their office, including those
the court until the case is finally terminated. (Dela
employed in GOCCs and by private
Cruz v. Moya, G.R. No. L-65192, 1988)
individuals charged as co-principals,
accomplices or accessories, punishable
with imprisonment of not more than 6 years
or where none of the accused holds a
position classified as Grade “27” and higher;
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e. In all cases of damage to property through

criminal negligence, regardless of other The municipal trial court, metropolitan trial court,
penalties and the civil liabilities arising or municipal circuit trial court that has territorial
therefrom; jurisdiction over the barangay that issued the
f. In cases of summary procedure for barangay protection order (BPO) also has the
violations of B.P. 22 (Bouncing Checks jurisdiction over complaints of violation of the BPO
Law). (A. M. No. 00-11-01-SC) (Sec. 21, Anti-Violence Against Women and Their
g. Summary procedure in cases of traffic Children Act of 2004).
violations, violations of the rental law,
violations of city or municipal ordinances, Regional Trial Court
violations of BP 22, and all other offenses 1. Exclusive Original Jurisdiction
where the penalty does not exceed 6 a. The Regional Trial Court shall have
months imprisonment and/or P1,000 fine, jurisdiction over all criminal cases which are
irrespective of other penalties or civil not within the exclusive jurisdiction of any
liabilities arising therefrom, and in offenses court, tribunal or body and appeals from all
involving damage to property through cases decided by lower courts in their
criminal negligence where the imposable respective territorial jurisdiction.
fine does not exceed P10,000.
h. Jurisdiction over cases where the Note: Those punishable by fine only
imposable penalty is destierro considering (without imprisonment) amounting to more
that in the hierarchy of penalties under than P4,000.00 fall under the jurisdiction of
Article 71 of the Revised Penal Code, the RTC.
destierro follows arresto mayor which
involves imprisonment. (People v. Eduarte, b. Over criminal cases specifically conferred
G.R. No. 88232, 1990) by special laws:
i. Libel and written defamation.
2. Special Jurisdiction Administrative Order No. 104-96, 1996,
Applications for bail in criminal cases in the designated the RTC as a special court
absence of all RTC judges in a province or city. having jurisdiction in libel cases.
(B.P. 129, Sec. 35) ii. Violations of the Comprehensive
Dangerous Drugs Act of 2002.
Municipal Trial Courts have no jurisdiction over Regardless of its penalty, the jurisdiction
cases which by provision of special law fall within falls within the Regional Trial Court
the jurisdiction of the Regional Trial Courts or the designated as Drugs Court. (People v.
Sandiganbayan, even if the maximum penalty Morales, G.R. No. 126623, 1997; RA.
prescribed by such special law is less than 6 No. 9165, Sec. 90).
years. Included in such exceptions are election iii. But if the case involves a minor, the
offenses, libel or written defamation, and violation jurisdiction lies with the Family Courts.
of Section 39 of the Dangerous Drugs Act of 1972 (R.A. 8369, §5)
(R.A. No. 6425). iv. Violations of intellectual property rights.
(A.M. No. 03-03-03-SC, 2003)
If a family court does not exist in the place of the v. Election offenses
petitioner for an application of a temporary
protection order (TPO) or a permanent protection c. Jurisdiction over Money Laundering Cases
order (PPO), it may be filed with the metropolitan (except those committed by public officers
trial court, municipal trial court, municipal circuit and private persons in conspiracy with such
trial court with territorial jurisdiction over the place public persons falling under the jurisdiction
of residence of the petitioner (Sec. 10, Anti- of the Sandiganbayan).
Violence Against Women and Their Children Act
of 2004).
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2. Appellate Jurisdiction 3. Special Jurisdiction

Over all cases decided by the MTC within its Jurisdiction to handle exclusively criminal cases as
territorial jurisdiction. designated by the Supreme Court.
MTC v. RTC Jurisdiction

MTC RTC
Jurisdiction Original Jurisdiction
1. Over all violations of city or municipal ordinances -

committed within their respective territorial
jurisdictions
2. Over all offenses punishable with imprisonment of Over all offenses punishable with imprisonment of
not more than 6 years irrespective of the amount of more than 6 years irrespective of the amount of
fine (prision correccional). fine (prision correccional).
3. Over all offenses punishable with fine only Over all offenses punishable with fine only
amounting to not more than P4,000.00 without the amounting to more than P4,000.00 without the
penalty of imprisonment. penalty of imprisonment
4. Over all offenses (except violations of RA 3019 Over all offenses (except violations of RA 3019
and Arts. 210 to 212 of RPC) committed by public and Arts. 210 to 212 of RPC) committed by public
officers and employees in relation to their office, officers and employees in relation to their office,
including those employed in GOCCs and by private including those employed in GOCCs and by
individuals charged as co-principals, accomplices or private individuals charged as co-principals,
accessories, punishable with imprisonment of not accomplices or accessories, punishable with
more than 6 years or where none of the accused imprisonment of more than 6 years or where none
holds a position classified as Grade “27” and higher; of the accused holds a position classified as Grade
“27” and higher;
5. In all cases of damage to property through criminal -

negligence, regardless of other penalties and the civil
liabilities arising therefrom
6. In cases of summary procedure for violations of -

B.P. 22 (Bouncing Checks Law).
7. Summary procedure in cases of traffic violations, -

violations of the rental law, violations of city or
municipal ordinances, and all other offenses where
the penalty does not exceed 6 months imprisonment
and/or P1,000 fine, irrespective of other penalties or
civil liabilities arising therefrom, and in offenses
involving damage to property through criminal
negligence where the imposable fine does not
exceed P10,000.
8. Jurisdiction over cases where the imposable -

penalty is destierro considering that in the hierarchy
of penalties under Article 71 of the Revised Penal
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Code, destierro follows arresto mayor which involves

imprisonment.
- 9. Libel and written defamation.
- 10. Violations of the Comprehensive Dangerous

Drugs Act of 2002. Regardless of its penalty, the
jurisdiction falls within the Regional Trial Court
designated as Drugs Court (except when the case
involves a minor, it falls under the Family Courts).
- 11. Violations of intellectual property rights.
- 12. Election offenses.
- 13. Jurisdiction over Money Laundering Cases

(except those committed by public officers and
private persons in conspiracy with such public
persons falling under the jurisdiction of the
Sandiganbayan).
Special Jurisdiction Special Jurisdiction
Applications for bail in criminal cases in the absence Jurisdiction to handle exclusively criminal cases
of all RTC judges in a province or city. as designated by the Supreme Court.
Appellate Jurisdiction Appellate Jurisdiction
No appellate jurisdiction. Over all cases decided by the MTC within its
territorial jurisdiction.
Jurisdiction over Complex Crimes Jurisdiction of Family Courts

Jurisdiction over the whole complex crime is R.A. No. 8369 establishing the Family Court
lodged with the trial court having jurisdiction to granting it exclusive jurisdiction over child and
impose the MAXIMUM and MOST SERIOUS family cases names: criminal cases where one or
penalty imposable of an offense forming part of the more of the accused is below 18 years of age but
complex crime. It must be prosecuted integrally not less than 9 years of age or where one or more
and must not be divided into component offenses, of the victim is a minor at the time of the
which may be made subject of multiple information commission of the offense, provided that if the
brought in different courts. (Cuyos v. Garcia, G.R. minor is found guilty, the court shall promulgate
No. L-46934, 1988) sentence and ascertain any civil liability which the
accused may have incurred. (The sentence shall
Jurisdiction over Continuing Crimes be suspended without need of an application
Continuing offenses are consummated in one pursuant to the “Child and Youth Welfare Code”).
place yet by the nature of the offense, the violation The jurisdiction depends on the parties not the
of the law is deemed continuing (e.g. estafa and penalty.(P.D. 603; See R.A. No. 10630)
libel). As such, the courts of the territories where
the ESSENTIAL INGREDIENTS of the crime took If the minor involved in the case, either as the
place have concurrent jurisdiction. victim or the child-in-conflict-with-law (accused), is
already dead, the regular courts will have
The court which FIRST acquires jurisdiction jurisdiction over the case. (People v. Yadao, G.R.
excludes the other courts (Morillo v. People, 775 No. 162144-54, 2012).
Phil. 192 (2015)).
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b. Jurisdiction Of The Sandiganbayan Panlalawigan, and Provincial Treasurers,

Assessors, Engineers and other Provincial
Exclusive Original Jurisdiction in All Cases Department Heads
Involving: b. City Mayors, Vice Mayors, Members of the
1. Violations of R.A. No. 3019 as amended (Anti- Sangguniang Panlungsod and City
Graft and Corrupt Practices Act). Treasurers, Assessors, Engineers and
2. Violations of R.A. No. 1379 (An Act Declaring other Provincial Department Heads
Forfeiture in favor of the state any property c. Officials of the diplomatic service occupying
found to have been unlawfully acquired by the position of consul and higher
Public Officer or Employee and providing for d. Philippine Army and Air Force Colonels,
the procedure therefore, which prescribes the Naval Captains and all officers of higher
penalties for violation thereof). rank
3. Crimes mentioned in Chapter 2 Section 2 Title e. Officers of the PNP, while occupying the
VII Book 2 of the Revised Penal Code (i.e. position of provincial director and those
Art.210: Bribery, Art.211: Indirect Bribery, Art. holding the rank of senior superintended or
212: corruption of Public Officials). higher
4. Other offenses or felonies whether simple or f. City and Provincial Prosecutors and their
complexed with other crimes committed by assistants, and officials and prosecutors in
public officials and employees in relation to the Office of the Ombudsman and special
their office. prosecutors
g. President/ Directors/ Trustees/ Managers of
The Offense is “in relation to the office” GOCCs, state universities, or educational
when: institutions/foundations
a. The offense is intimately connected with the Note: Those specifically mentioned herein (a-
office of the offender and perpetrated while g) need not be with a salary grade of 27 or
he was in the performance of his official higher to be under the jurisdiction of the
functions Sandiganbayan. (Inding v. Sandiganbayan,
b. The crime cannot exist without the office G.R. No. 143047, 2004)
c. The office is a constituent element of the 2. Members of the CONGRESS and officials
crime as defined in the statute thereof classified as Grade 27 and up;
If the character of being “in relation to his 3. Members of the JUDICIARY without prejudice
office” is absent or is not alleged in the to Constitutional provisions;
information, the crime committed falls within 4. Chairmen and members of CONSTITUTIONAL
the exclusive original jurisdiction of ordinary COMMISSIONS without prejudice to
courts and not the Sandiganbayan. Constitutional provisions;
5. Civil and criminal cases filed pursuant to and in 5. All other national and local officials classified as
connection with Executive Order Nos. 1, 2, 14 Grade ’27’ and higher under the Compensation
and 14-A, issued in 1986; and Position Classification Act of 1989;
6. Violations of R.A. No. 9160 as amended by 6. Other offenses or felonies whether simple or
R.A. No. 9194 (Anti-Money Laundering Act of complexed with other crimes committed by the
2001) when committed by public officers and public officials and employees mentioned in
private persons who are in conspiracy with subsection “A” of this section in relation to their
such public officers. office;
Officials under the Exclusive Jurisdiction of Note: For Sandiganbayan to have jurisdiction over
the Sandiganbayan: officers as enumerated under RA 10660, they
1. Officials of the EXECUTIVE branch, occupying should have been officers at the time of the
SALARY GRADE 27 or higher, specifically commission of the crime, from the wording of RA
including: 10660, “where one or more of the accused are
a. Provincial Governors, Vice Governors, officials… at the time of the commission of the
Members of the Sangguniang
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offense.” and not at the time of the 4. WHEN INJUNCTION MAY BE ISSUED TO
commencement of the case. (RA 10660, Sec. RESTRAIN CRIMINAL PROSECUTION
4(a))
General Rule: Writs of injunction or prohibition to
Note: In case private individuals are charged as restrain a criminal prosecution are NOT available
co-principals, accomplices or accessories with
public officers or employees, including those Exception:
employed in government-owned or controlled 1. To afford adequate protection to the
corporations, they shall be tried jointly with said constitutional rights of the accused
public officers and employees in the proper courts 2. When necessary for the orderly administration
which shall exercise exclusive jurisdiction over of justice or to avoid oppression or multiplicity
them. (Disini v. Sandiganbayan, G.R. Nos. of actions
169823-24, 2013) 3. When there is a prejudicial question which is
sub judice
Exception/s: 4. When the acts of the officer are without or in
1. Election offenses – jurisdiction falls under the excess of authority
Regional Trial Court as provided for in the 5. Where the prosecution is under an invalid law,
Omnibus Election Code even if they are ordinance or regulation
committed by public officers classified as 6. When double jeopardy is clearly apparent
Grade 27 and higher and in relation to their 7. Where the court has no jurisdiction over the
offices offense
2. Court Martial cases – offenses committed by 8. Where it is a case of persecution rather than
members of the Armed Forces and other prosecution
persons subject to military law are cognizable 9. Where the charges are manifestly false and
by court martial if such offenses are “service motivated by the lust for vengeance
connected” as expressly enumerated in R.A. 10. When there is clearly no prima facie case
No. 7055. If the particular offense is not one of against the accused and the motion to quash
those enumerated in the law, the case falls on that ground has been denied. (Samson v.
under either the regular courts or the Guingona, Jr. G.R. No. 123504, 2000)
Sandiganbayan, as the case may be.
3. That the Regional Trial Court shall have Note: A preliminary injunction has been issued by
exclusive original jurisdiction where the the Supreme Court to prevent the threatened
information: unlawful arrest of petitioners (Lopez v. de la Cruz,
a. Does not allege any damage to the G.R. No. L-6229, 1954)
government or any bribery; or
b. Alleges damage to the government or Note: As a general rule, mandamus cannot be
bribery arising from the same or closely used to compel the exercise of discretion of the
related transactions or acts in an amount prosecutor. The courts can issue a writ of
not exceeding One million pesos mandamus only to compel the prosecutor to
(P1,000,000.00) (R.A. No. 10660). decide on the complaint but it cannot direct the
prosecutor what to decide. The prosecutor still has
Note: The civil case initiated first will be the discretion on what to do, either to file
suspended when a criminal case is filed in the information with the court or dismiss the complaint.
Sandiganbayan However, the moment he finds one to be so liable
it becomes his inescapable duty to charge him
therewith and to prosecute him for the same. In
such a situation, the rule loses its discretionary
character and becomes mandatory. Thus, where
despite the sufficiency of the evidence before the
prosecutor, he refuses to file the corresponding
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information against the person responsible, he Effect of Institution of Criminal Action on

abuses his discretion. His act is tantamount to a Prescriptive Period
deliberate refusal to perform a duty enjoined by General Rule: The institution of the criminal action
law. (MBTC v Reynaldo, G.R. No. 164538, 2010) interrupts the running of the period of prescription
of the offense charged.
Exception: Otherwise provided in special laws.
B. PROSECUTION OF CRIMINAL NOTE: There is no more distinction between

OFFENSES cases punished under the RPC and those covered
by SPLs. Irrespective of whether the offense
1. CRIMINAL ACTIONS, HOW INSTITUTED charged is punishable by the Revised Penal Code
or by a special law, it is the filing of the complaint
Criminal Action
or information in the office of the public prosecutor
One by which the State prosecutes a person for an
for purposes of the preliminary investigation that
act or omission punishable by law.
interrupts the period of prescription (Disini v.
Sandiganbayan, G.R. Nos. 169823-24, 2013).
Offenses Where a Preliminary Investigation is
required
HOWEVER, as provided in the Revised Rules on
Preliminary investigation is required for offenses
Summary Procedure, only the filing of an
where the penalty prescribed by law is AT LEAST
Information tolls the prescriptive period where the
4 years, 2 months and 1 day (prision correccional
crime charged is involved in an ordinance
max) of imprisonment without regard to the fine.
(Jadewell Parking v. Lidua, G.R. No. 169588
(Rule 112, Sec. 1(2))
October 7, 2013).
For all other offenses
Prescription of Crimes punished under the
It is instituted DIRECTLY with the Municipal Trial
RPC (Art. 90)
Court and Municipal Circuit Trial Court or the
complaint is filed with the Office of the Prosecutor. CRIME PRESCRIPTIVE
(Rule 110, Sec. 1) PERIOD
Crimes punishable by 20 years

A complaint for offenses cognizable by the
death, reclusion
Regional Trial Court is NOT filed directly with the
perpetua or reclusion
Regional Trial Court either for purposes of
temporal
preliminary investigation or for commencement of
the criminal prosecution. Crimes punishable by 15 years
other afflictive penalties
Rule for Manila and other Chartered Cities
The complaint shall be filed with the Office of the Crimes punishable by a 10 years
Prosecutor unless otherwise provided in their correctional penalty except arresto mayor,
charters (Rule 110, Sec. 1). 5 years
For offenses where preliminary investigation is not Crime of libel or other 1 year
required, for criminal offenses in Metro Manila or similar crimes
chartered cities, the complaint must be filed with
Crime of oral 6 months
the Office of the Prosecutor. In contrast, for defamation and slander
criminal offenses outside Metro Manila, the by deed
complaint/information must be filed with the
provincial prosecutor or directly with the Municipal Light offenses 2 months
Trial Courts.
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Act No. 3326 which the judgment of such proceedings

It governs the prescriptive periods of violations of becomes final and executory. (BP Blg. 881)
special laws, or offenses other than those b. Genocide law – crimes defined and penalized
penalized under the RPC. under the Philippine Act on Crimes Against
International Humanitarian Law, Genocide,
Prescriptive Period for Violation of Special and Other Crimes Against Humanity, their
Penal Laws prosecution, and the execution of sentences
CRIME PRESCRIPTIVE imposed on their account, shall not be subject
PERIOD to any prescription. (R.A. 9851)
Offenses punished only 1 year Katarungang Pambarangay Law Local

by a fine or by Government Code
imprisonment for not Filing of the complaint before the Punong
more than one month, or Barangay shall interrupt the prescriptive period but
both in no case shall the interruption exceed 60 days
from the filing of the complaint. (Sec. 410 (c) RA
Offenses punished by 4 years 7160)
imprisonment for more
than month but less than However, the filing of a complaint for purposes of
2 years preliminary investigation starts the prosecution
Offenses punished by 8 years process.
imprisonment for 2
The Real Offended Party
years or more, but less
than 6 years It is the People of the Philippines.
Offenses punished by 12 years Since the crime is also an outrage against the
imprisonment for 6 PRIVATE OFFENDED PARTY, he is entitled to
years or more Except for treason, 20 intervene in its prosecution in cases where the civil
years action is IMPLIEDLY instituted therein. But the
State remains the principal offended party, the
Violations of municipal 2 months offense having been committed against the People
ordinances of the Philippines.
The only proceeding that could interrupt the When the criminal action is instituted in the name
running of prescription is that which is filed or of the private offended party (or not People of the
initiated by the offended party before the Philippines), the defect is merely of form and may
appropriate body or office. If the proceedings are be cured at any stage of the trial.
null and void, In contemplation of the law, no
proceedings exist that could have merited the The Rules on Criminal Procedure do not require
suspension of the prescriptive periods. as a condition sine qua non to the validity of the
(Romualdez v. Marcelo, G.R. Nos. 165510-33, proceedings (in the preliminary investigation) the
2006) presence of the accused for as long as efforts to
reach him were made, and an opportunity to
Examples of laws that have their own controvert evidence of the complainant is
prescriptive periods: accorded him. The obvious purpose of the rule is
a. Election offenses – shall prescribe after five to block attempts of unscrupulous respondents to
years after the date of their commission. If the thwart the prosecution of offenses by hiding
discovery of the offense be made in an themselves or by employing dilatory tactics.
election contest proceedings, the period of (Sierra v. Lopez, Adm. Case No. 7549, 2008)
prescription shall commence on the date on
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The Information: directly with the MTC/MCTC (for cases over which
1. Must be in writing; MTC has jurisdiction) (Rule 110, Sec. 1). .
2. In the name of the People of the Philippines;
and The complaint as defined under Section 3 is
3. Against all persons who appear to be different from the complaint filed with the
responsible for the offense involved (Rule 110, Prosecutor’s Office which refers to the one filed in
Sec. 2). COURT for the commencement of a criminal
prosecution for violation of a crime usually
The information must be “against all persons who cognizable by Municipal Trial Courts as well as to
appear to be responsible for the offense involved.” a complaint filed by an offended party in PRIVATE
While the prosecutor has discretion to determine CRIMES or those which cannot be prosecuted de
who should be included in the information, he can oficio.
be compelled by mandamus if he abuses his
discretion by refusing to include a person as a co- The COMPLAINT FILED WITH THE
accused despite sufficient evidence. (Guiao v. PROSECUTOR’S OFFICE, on the basis of
Figueroa, et. al, G.R. No. L-6481, 1954) which the prosecutor may conduct a
preliminary investigation, refers to:
However, before mandamus may be resorted to, 1. Any sworn written complaint;
the petitioner must exhaust all remedies in the 2. Filed by an offended party or any peace officer,
ordinary course of law (i.e. filing a motion in the or other public officer charged with the
trial court for such inclusion) (Aquino, et al. v. enforcement of law violated.
Mariano, et al., G.R. No. L-30485, 1984)
Under the Rules on Summary Procedure:
An infirmity in the information, such as lack of A complaint may be directly filed in the Municipal
authority of the officer signing it, cannot be cured Trial Court, provided that in Metro Manila and in
by silence, acquiescence, or even by express chartered cities, the criminal action may only be
consent. (Cudia v. Court of Appeals, G.R. No. commenced by the filing of information, which
110315, 1998) However, this shall not be a bar to means, only by the prosecutor, except when the
a subsequent prosecution under a subsequent offense cannot be prosecuted de oficio as in
valid information. private crimes (Sec. 11, Revised Rules on
Summary Procedure).
A Complaint:
1. Sworn written statement; Complaint vs. Information
2. Charging a person with an offense; and COMPLAINT INFORMATION
3. Subscribed by:
a. The offended party; Subscribed by the Subscribed by the
b. Any peace officer; or offended party, any prosecutor. It does not
c. Other public officer charged with the peace officer or other have to be subscribed
enforcement of the law violated (Rule 110, officer charged with the by the offended party
Sec. 3). enforcement of the law or any peace officer or
violated. other peace officer
Where a preliminary investigation is required (i.e., charged with the
where the imposable penalty is at least 4 years, enforcement of the
two months and 1 day), the complaint is filed with law.
the prosecutor (Rule 110, Sec. 1).
Filed either in the Filed in court.
Where a preliminary investigation is not required Municipal Trial Court or
(i.e., where the imposable penalty is less than 4 with the provincial/city
years, two months and 1 day), the complaint may prosecutor’s office.
be filed with the prosecutor (in Metro Manila) or
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Needs to be sworn Requires no oath. In upholding People v. Garfin, the court firmly
Merely requires that it instructs that the filing of an Information by an
be an accusation “in officer without the requisite authority to file the
writing.” same constitutes a jurisdictional infirmity which
cannot be cured by silence, waiver, acquiescence,
or even by express consent. Hence, such ground
2. WHO MAY FILE THEM, CRIMES THAT
may be raised at any stage of the proceedings
CANNOT BE PROSECUTED DE OFICIO
(Quisay v. People G.R. No. 216920, 2016).
Persons Authorized to File a Complaint
Prosecutor’s Decision Subject to Review by:
1. Offended party;
1. The Secretary of Justice who exercises
2. Any peace officers;
3. Other public officer charged with the supervision and control over the prosecutor’s
enforcement of the law violated (Rule 112, Sec. actions and who may sustain, modify or set
3) aside the prosecutor’s resolution on the matter
(Rule 112, Sec. 4, last paragraph); and
Persons Authorized to File an Information 2. In appropriate cases, by the courts when the
prosecutor acts with grave abuse of discretion
1. City or provincial prosecutor and their
amounting to lack of jurisdiction.
assistants
2. Duly appointed special prosecutors (Rule 112,
Remedies of the Offended Party if the
Sec. 4)
Prosecutor Refuses to File an Information:
Exception: Offenses or crimes that cannot be 1. File an appeal with the Secretary of Justice,
prosecuted de oficio, such as: who in the exercise of his/her supervisory
powers as department head, my reverse the
a. In private offenses (concubinage, adultery,
seduction, abduction, acts of lasciviousness); opinion of the investigator and designate a
special prosecutor to review and handle the
and
b. Defamations imputing any of the aforesaid case.
2. Institute administrative charges against the
offenses wherein a sworn written complaint is
required in accordance with Section 5 of this erring prosecutor.
3. File criminal charges under Art. 208 of the
Rule.
Revised Penal Code.
Prosecution in the Regional Trial Courts is always 4. File civil action for damages under Art. 27 of
Civil Code.
commenced by information.
5. File an action for mandamus to compel the
A complaint containing private offenses and prosecutor to file such information only if there
defamation must be filed by the offended party. is grave abuse of discretion. But the general
rule is that a prosecutor cannot be compelled
In case of variance between the complaint filed by to file an Information by mandamus.
the offended party and the information in crimes
3. CRIMINAL ACTIONS, WHEN ENJOINED
against chastity, the complaint controls. (People v.
Oso, G.R. No. L-42571, 1935) See previous discussion in page 419.
A defectively crafted information, such as that 4. CONTROL OF PROSECUTION

alleging multiple offenses in a single complaint or
information transgresses Section 13, Rule 110 of Full Discretion and Control of the Prosecutor
the Rules of Court. The failure to make a timely All criminal actions commenced by complaint or
objection to such defect however is deemed to be information shall be prosecuted under the direction
a waiver of the said objection. (People v. Santiago, and control of the prosecutor (Rule 1102, Sec. 5).
G.R. No. 137281, 2001)
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Private Prosecutor May Prosecute the Case in Note: This rule applies ONLY to courts, which are
Case of: provided by law with prosecutors, and not to
1. Heavy work schedule of the public prosecutor; municipal courts that have no trial prosecutors, in
or which case the evidence presented by the private
2. In the event of lack of public prosecutors (Rule prosecutor can be considered as evidence for the
1102, Sec. 5). People.
Provided: The conformity of the public prosecutor is not

1. Authorized in writing by the Chief of the necessary to give the aggrieved party personality
Prosecution Office or the Regional State to question an order quashing search warrants
Prosecution; and (WWW Corp v. People, G.R. No. 161106, 2014)
2. Subject to the approval of the Court (Rule 1102,
Sec. 5). Appeal Procedure for Prosecution Before
Court of Appeals and Supreme Court
Once so authorized, private prosecutor shall General Rule: Only the SOLICITOR GENERAL
continue to prosecute the case up to the end of may bring or defend actions in behalf of the
trial unless the authority is revoked or withdrawn. Republic of the Philippines, or represent the
People or State in criminal proceedings elevated
Prior to the filing of the information in court, before the Court of Appeals and the Supreme
the prosecutor has full control of the case. He Court.
decides who should be charged in court and who
should be excluded from the information. Exceptions:
1. When the State and the offended party are
But once the case is already filed in court, the deprived of due process because the
same can no longer be withdrawn or dismissed prosecution is remiss in its duty to protect the
without the tribunal’s approval. Should the interest of the State and the offended party; and
prosecutor find it proper to conduct a 2. When the private offended party questions the
reinvestigation of the case at such stage, the civil aspect of a decision of a lower court. (Heirs
permission of the Court must be secured (Crespo of Delgado v. Gonzalez, G.R. No. 184337,
v. Mogul, G.R. No. L-53373, 1987) 2009)
Private Prosecutor Participation The Solicitor General (SolGen) has control of

A public prosecutor may allow a private prosecutor appeals. It may abandon or discontinue the
(i.e., a lawyer engaged by the private offended prosecution of the case in the exercise of its sound
party) to actively handle the conduct of the trial: discretion and may even recommend the acquittal
of an accused when it believes that the evidence
1. Where the civil action arising from the crime is does not warrant the accused’s conviction.
deemed instituted in the criminal action.
2. The Public Prosecutor must be present during However, in all cases elevated to the Supreme
the proceedings and must take over the Court by way of petition for review against
conduct of the trial from the private prosecutor decisions or final orders of the
at any time the cause of the prosecution may Sandiganbayan, it is the Office of the
be adversely affected. Ombudsman, through its Special Prosecutor,
which shall represent the People of the Philippines
Thus, where the prosecutor has turned over the pursuant to the second sentence, third to the last
active conduct of the trial to the private prosecutor paragraph of Section 4 of P.D. No. 1606, as
who presented testimonial evidence even when amended by R.A. No. 8249.
the public prosecutor was absent during the trial,
the evidence presented could not be considered Even when a complaint is defective for being
valid evidence of the People. signed and filed by the chief of police and not by
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the complainant, the court may still acquire If the offended party is of legal age and does not
jurisdiction over the case. The complaint required suffer from physical or mental disability, she alone
in Article 344 of the RPC is but a condition can file the complaint to the exclusion of all.
precedent to the exercise by the proper authorities
of the power to prosecute the guilty parties. The NOTE: A complaint for the prosecution of the
complaint simply starts the prosecutory crimes of adultery, concubinage, seduction,
proceeding but does not confer jurisdiction in the abduction, rape, and acts of lasciviousness under
court to try the case. Art. 344 of the RPC only starts the prosecution of
the crime and does not confer jurisdiction on the
Article 344 is not determinative of the jurisdiction court to try the case.
of courts over private offenses because the same
is governed by the Judiciary Law and not the RPC. Who Can Give Pardon
(People v. Yparraguire, G.R. No. 124391, 2000) 1. Adultery and Concubinage – Only the
offended spouse not otherwise incapacitated,
Prosecution of Private Crimes can validly extend the pardon or consent
Who May Prosecute contemplated therein.
1. Adultery and Concubinage – 2. Seduction, abduction and acts of
a. Only by the offended spouse who should lasciviousness
have the status, capacity, and legal a. The offended minor, if with sufficient
representation at the time of filing of the discretion can validly pardon the accused by
complaint regardless of age herself if she has no parents or where the
b. Both guilty parties must be included in the accused is her own father and her mother is
complaint. dead;
c. The offended party did not consent to the b. The parents, grandparents or guardian of
offense nor pardoned the offenders (Sec. 5 the offended minor, in that order, cannot
Rule 110). extend a valid pardon in said crimes without
the conformity of the offended party, even if
2. Seduction, Abduction and Acts of the latter is a minor;
Lasciviousness – Prosecuted exclusively and c. If the offended woman is of age and not
successively by the following persons in this otherwise incapacitated, only she can
order: extend a valid pardon.
a. By the offended woman;
b. By the parents, grandparents or legal/ General Rule: The pardon refers to pardon
judicial guardians in that successive order, BEFORE filing of the criminal complaint in court.
if the offended party is a minor or of age but Pardon effected after the filing of the complaint in
suffers from physical or mental disability; court does not prohibit the continuance of the
c. By the State pursuant to the doctrine of prosecution of the offense (People v Dela Cerna,
parens patriae, when the offended party G.R. No. 136899-904, 2002)
dies or becomes incapacitated before she
could file the complaint and she has no Exception: In rape, marriage between the
known parents, grandparents or guardians offender and the offended party would be effective
(Sec. 5 Rule 110). as pardon even when the offender has already
commenced serving his sentence.
3. Defamation imputing to a person any of the
foregoing crimes of concubinage, adultery,
seduction, abduction, rape or acts of
lasciviousness – Only by the party or parties
defamed (Revised Penal Code, Art. 360)
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Distinction between pardon and consent his death will not prevent the proceeding from
PARDON CONSENT continuing to its ultimate conclusion.
Refers to past acts Refers to future acts Effect of Desistance of Complainant

of adultery It does not bar the People from prosecuting the
criminal action. BUT it does operate as a waiver
In order to absolve In order to absolve of the right to pursue civil indemnity.
the accused from the accused from An offended party in a criminal case has sufficient
liability must be liability, it is sufficient personality to file a special civil action for certiorari,
extended to both even if granted only in proper cases, even without the imprimatur of the
offenders to the offending State. In so doing, the complainant should not
spouse bring the action in the name of the People of the
Given after the Given before the Philippines. The action may be prosecuted in the
commission of the commission of the name of the said complainant. (Perez v. Hagonoy
crime crime Rural Bank, Inc., G.R. No. 126210, 2000)
5. SUFFICIENCY OF COMPLAINT OR
General Rule: The subsequent marriage between INFORMATION
the party and the accused extinguishes the
criminal liability of the latter, together with that of A complaint or information is sufficient if it
the co-principals, accomplices and accessories. states the: (NDANAP)
1. Name of the accused;
Note: Pursuant to Article 344 of the Revised Penal 2. Designation of the offense by a statute
Code, seduction, abduction, acts of lasciviousness 3. Acts or omission complained of as constituting
and rape, the marriage of the offender with the the offense;
offended party shall extinguish the criminal action 4. Name of the offended party;
or remit the penalty already imposed upon him. 5. Approximate date of the commission of the
offense; and
Exception/s: 6. Place where the offense was committed (Sec.
1. Where the marriage was invalid or contracted 6. Rule 110).
in bad faith in order to escape criminal liability
(People v. Santiago, G.R. No. L-27972, 1927); The non-inclusion of some of the names of the
2. In “private libel” or the libelous imputation of the eyewitnesses in the information does not preclude
commission of the crimes of concubinage, the prosecutor from presenting them during trial.
adultery, seduction, abduction, rape, or acts of (People v. Dela Cruz, G.R. No. 137967, 2001)
lasciviousness, and in slander by deed (People
v. Orzame, 39 O.G. 1168); and Test of sufficiency of the complaint or
3. In multiple rape, insofar as the other accused in information:
the other acts of rape respectively committed The test is whether the crime is described in
by them are concerned (People v. Bernardo, 38 intelligible terms with such particularity as to
O.G. 3749) apprise the accused, with reasonable certainty, of
the offense charged to enable the accused to
The acquittal or death of one of the accused in the suitably prepare for his defense. (Lazarte, Jr. v.
crime of adultery does not bar the prosecution of Sandiganbayan, G.R. No. 180122, 2009)
the other accused. (United States v. Topiño, G.R.
No. 11895, 1916). For as long as the ultimate facts constituting the
offense have been alleged, an Information will be
However, the death of the offended spouse before valid. (People v. Sandiganbayan Fourth Division,
the filing of the complaint for adultery bars further G.R. No. 160619, 2015)
prosecution, BUT if the offended spouse died
AFTER the filing of the corresponding complaint,
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Ultimate facts refer to the facts constituting the especially when sufficient evidence is adduced to
cause of action which the evidence will prove at show that the accused is pointed to as one of the
trial, while evidentiary facts are facts supporting perpetrators in the crime. (People v. Amodia, G.R.
the existence of some other alleged and unproven No. 173791, 2008)
fact. Matters of evidence (as distinguished from
the facts essential to the cause of action) need not Note: Filing of Information instead of complaint by
be alleged in the Information. Whatever facts and the prosecutor in private offenses, is valid provided
circumstances must necessarily be alleged are that the complaint affidavit is attached thereto.
determined based on the essential elements of a
crime. (Enrile v. People, G.R. No. 213455, 2015) General Rule: An accused cannot be convicted of
an offense that is not clearly charged in the
Purpose complaint or information. To convict him of an
To safeguard the constitutional right of an accused offense other than that charged in the complaint or
to be informed of the nature and cause of the information would be violative of the Constitutional
accusation against him so that he can duly prepare right to be informed of the nature and cause of the
his defense (Serapio v. Sandiganbayan, G.R. No. accusation. (Patula v. People, G.R. No. 164457,
128268, January 29, 2003). 2012)
Substantial defect in the information cannot be Exception: Crimes necessarily included or

cured by evidence that would jeopardize the includes the offenses charged in the complaint.
accused’s right to be informed of the true nature of
the offense he is charged with. Note: Every element of the offense must be stated
in the information. What facts and circumstances
Name of the Accused are necessary to be included therein must be
1. If name is known: The name and surname of determined by reference to the definitions and
the accused or any appellation or nickname by essentials of the specified crimes. The
which he has been or is known requirement of alleging the elements of a crime in
2. If name cannot be ascertained: A fictitious the information is to inform the accused of the
name with a statement that his true name is nature of the accusation against him so as to
unknown. enable him to suitably prepare his defense. The
3. If true name thereafter disclosed: Such true presumption is that the accused has no
name shall be inserted in the complaint or independent knowledge of the facts that constitute
information and record. (Rule 110, Sec. 7) the offense. (People v. Valdez, G.R. No. 175602,
2013)
While one or more persons, along with specified
and named accused, may be sued as “John Note: As embodied in Section 14 (1), Article III of
Does,” an information against all accused the 1987 Constitution, no person shall be held to
described as “John Does” is void; an arrest answer for a criminal offense without due process
warrant against them is also void. of law. Further, paragraph 2 of the same section,
it provides that in all criminal prosecutions, the
An error in the name of the accused is not accused has a right to be informed of the nature
reversible as long as his identity is sufficiently and cause of the accusation against him. It is
established. This defect is curable at any stage of further provided under Sections 8 and 9 of Rule
the proceedings as insertion of the real name of 110 of the Revised Rules of Court that a complaint
the accused is merely a matter of form (People v. or information to be filed in court must contain a
Padica, G.R. No. 102645, 1993) designation given to the offense by the statute,
besides the statement of the acts or omissions
A mistake in the name of the accused is not constituting the same, and if there is no such
equivalent, and does not necessarily tantamount designation, reference should be made to the
to, a mistake in the identity of the accused section or subsection of the statute punishing it
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and the acts or omissions complained of as

constituting the offense. (People v. Taundo, G.R. A practical consequence of non-allegation of a
No. 207816, 2016) detail that aggravates the liability is to prohibit the
introduction or consideration against the accused
Note: Section 6, Rule 110 of the Rules of Court, of evidence that tends to establish that detail. (PP
expressly states that the information must include, v. Valdez G.R. No. 175602, 2012)
inter alia, both "the designation of the offense
given by the statute" and "the acts or omissions In rape cases, relationship of the accused and the
complained of as constituting the offense." Failure victim must be stated in the accusatory portion of
to aver this crucial ingredient – that the purported the complaint. Every element of the offense must
acts were employed as a prerequisite for be properly alleged especially if the accused is
admission or entry into the organization – would being charged of a crime in its qualified form the
prevent the successful prosecution of the criminal qualifying circumstances must be stated with
responsibility of the accused, either as principal or certainty to enable a person of common
as accomplice, for the crime of hazing. Plain understanding to be appraised of the acts or
reference to a technical term – in this case, hazing omission that he is charged with. (People v Bali-
– is insufficient and incomplete, as it is but a balita G.R. No. 134266, 2000)
characterization of the acts allegedly committed
and thus a mere conclusion of law. Rationale: The seriousness of a criminal
prosecution requires a clear specification of the
However, failure to allege that the purported acts offense charged, consistently with the right of the
were not covered by the exemption relating to the accused to be informed of the nature and cause of
duly recommended and approved "testing and the accusation against him. Also, this is essential
training procedure and practices" for prospective to avoid surprise on the part of the accused and to
regular members of the AFP and the PNP is not afford him the opportunity to prepare his defense
fatal. This exemption is an affirmative defense in, accordingly.
not an essential element of, the crime of
accomplice to hazing. It is an assertion that must The real question is not, “Did he commit a crime
be properly claimed by the accused, not by the given in the law some technical and specific
prosecution. (People v. Bayabos, G.R. No. name?” BUT, “Did he perform the acts alleged in
171222, 2015). the body of the information?” If he did, it is of no
consequence to him, either as a matter of
6. DESIGNATION OF OFFENSE procedure or of substantive right, how the law
denominates the crime.
The Information or Complaint Must State or
Designate the Following Whenever Possible: “Try and attempt to rape” in the information is not
1. The designation of the offense given by the sufficient. (PP v. Dimaano, G.R. No. 168168,
statute. (If there is no designation of the 2005)
offense, reference shall be made to the
section/subsection of the statute punishing it) The Supreme Court held that “That the said
2. The statement of the acts or omissions accused by means of force and intimidation, to wit:
constituting the offense, in ordinary, concise by then and there, willfully, unlawfully and
and particular words. feloniously drag said AAA, his own daughter, 12
3. The specific qualifying and aggravating years of age, minor, inside a bedroom and
circumstances must be stated in ordinary and undressed her and put himself on top of her and
concise language (Sec. 8, Rule 110).
thereafter have carnal knowledge with said AAA
against her will and without her consent” complies
For qualifying and aggravating circumstances to with the requirements of a sufficient information.
be appreciated, it must be alleged in the complaint (PP v. Ching, G.R. No. 177150, 2007)
or information. (People v. Lapore, G.R. No.
191197, 2015)
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In case of allegation of the aggravating Acts or Omissions Complained of as

circumstance of HABITUAL DELINQUENCY, it Constituting the Offense
should NOT be generally averred. The acts or omissions complained of must be
alleged in such form as is sufficient to enable a
The information must SPECIFY: person of common understanding to know what
1. The commission of the crimes; offense is intended to be charged, and enable the
2. The date of last conviction or release; court to pronounce proper judgment. No
3. The other previous conviction or release of the information for a crime will be sufficient if it does
accused and dates (PP v. Venus, G.R. No. not accurately and clearly allege the elements of
45141, 1936). the crime charged. Every element of the offense
must be stated in the information. What facts and
The qualifying and aggravating circumstances circumstances are necessary to be included
cannot be appreciated even if proved, unless therein must be determined by reference to the
alleged in the information. (PP v. Perreras, G.R. definitions and essentials of the specified crimes.
No. 139622, 2001) (People v. Canceran, G.R. No. 206442, 2015)
It is not the designation of the offense in the If one or more elements of the offense have not
complaint or information that is controlling. (PP v. been alleged in the information, the accused
Samillano, G.R. No. L-31375, 1974) cannot be convicted of the offense charged, even
if the missing elements have been proved during
The facts alleged therein, and not its title, the trial.
determine the nature of the crime. (El Pueblo de
Filipinas v. Magdowa, G.R. No. L-48457, 1941) Even the accused’s entering a plea of guilty to
In rape cases, the concurrence of the minority of such defective information will not cure the defect,
the victim and her relationship with the offender is nor justify his conviction of the offense charged.
a special qualifying circumstance which should be
both alleged (People v. Cantos, G.R. No. 129298, Note: The new rule requires that the qualifying and
1999) and proved (People v. Manggasin, G.R. aggravating circumstances be alleged in the
Nos. 130599-600, 1999) with certainty in order to information.
warrant the imposition of the (maximum) penalty.
1. Purposes
The accused may be convicted of a crime more a. To enable the court to pronounce a proper
serious than that named in the title or preliminary judgment;
part if such crime is covered by the facts alleged in b. To furnish the accused with such a description
the body of the information and its commission is of the charge as to enable him to make a
established by evidence. (Buhat v. CA, G.R. No. defense;
119601, 1996) c. As a protection against further prosecution for
the same cause.
An accused could not be convicted under one act
when he is charged with a violation of another if 2. Rules on Negative Averments
the change from one statute to the other involves:
1. A change in the theory of the trial; a. Where the law alleged to have been violated:
2. Requires of the defendant a different defense; Prohibits generally acts therein defined; Is
or intended to apply to all persons indiscriminately;
3. Surprises the accused in any way. (U.S. v.
Panlilio, G.R. No. L-9876, 1914) But prescribes certain limitations or exceptions
from its violation the information is sufficient if it
alleges facts which the offender did as constituting
a violation of law, without explicitly negating the
exception, as the exception is a matter of defense
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which the accused has to prove. (People vs. San by a demurrer, must show that the person accused
Juan, G.R. No. L-22944, 1968) of the crime, in the absence of proof, is punishable
under the law. One who performed labor under
There, the Information alleged that the accused necessity would not be liable.”
prevented the offended party from entering the
polling precinct, in violation of the Election Code. When an exception or negative allegation is not an
The law provided that “The voters shall have the ingredient of the offense and is a matter of
right to freely enter the polling place as soon as defense, it need not be alleged. (U.S. v. Chan
they arrive unless there are more than forty voters Toco, G.R. No. L-3851, 1908)
waiting inside, in which case they have the right to
enter in the order of their arrival as those who are 3. Complex Crimes
inside go out, which the latter shall immediately do
after having cast their votes.” The accused argued Where what is alleged in the information is a
that the Information failed to allege an offense complex crime and the evidence fails to support
because the Information did not state that there the charge as to one of the component offenses,
were forty or less voters. the defendant can be convicted of the offense
proven.
The Supreme Court held: The limitation — when
there are more than forty voters waiting inside — Place of the Commission of the Offense
on the right of a voter to freely enter the polling
place does not constitute an essential part of the General Rule: A complaint or information is
definition of the crime contemplated in section 133 sufficient if it appears from the allegation that the
of the Revised Election Code. Instead, it is but a offense was committed or some of its essential
matter which the accused must assert, and ingredients occurred at some place, within the
establish as a defense, and not for the prosecution territorial jurisdiction of the court (Rule 110, Sec.
to anticipate, allege, and disprove. 10).
Exception: When the place of commission is an
b. Where the law alleged to have been violated: essential element of the offense, the place of
Applies only to specific classes of persons and commission must be alleged with particularity
special conditions; and (Rule 110, Sec. 10). e.g. trespass to dwelling,
destructive arson, robbery in an inhabited house.
The exemptions from its violation are so
incorporated in the language defining the crime Purpose: To show territorial jurisdiction of the
that the ingredients of the offense cannot be court.
accurately and clearly set forth if the exemption is
omitted, the information must show that the There may be conviction if it appears that the
accused does not fall within the exemptions. (U.S. crime was committed not at the place alleged
v. Pompeya, G.R. No. L-10255, 1915) in the information, provided that:
1. The place of actual commission was within the
There, the Supreme Court gave the following jurisdiction of the court; and
example: “Suppose xxx that there was a law 2. The particular place of commission is not an
providing that all persons who performed manual essential element of the offense charged.
labor on Sunday should be punished, with a
provision that if such labor should be performed For example, in a case for murder, where the
out of necessity, the person performing it would Information alleges that the victim was shot on
not be liable. In such a case, in the complaint, in Ayala Avenue but the evidence presented shows
order to show a good cause of action, it would be that the shooting took place along Paseo de
necessary to allege that the labor was not Roxas, the accused may still be convicted since
performed under necessity. In other words, the the place of actual commission is within Makati
complaint, in order to be free from objection raised
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City and the place of commission is not an against him. (People v. Pareha, G.R. No. 202122,
essential place of the offense charged. 2014)
In cases of falsification of private documents, the Failure to specify the exact date or times when the
venue is the place where the document is actually rape occurred does not ipso facto make the
falsified, to the prejudice of or with intent to Information defective on its face, as the gravamen
prejudice a third person, regardless whether or not of rape is carnal knowledge of the woman (People
the falsified document is put to the improper or v. Cinco, G.R. No. 186460, 2009)
illegal use for which it was intended. (Navaja v De
Castro, G.R. No. 182926, 2015) Name of the Offended Party
The complaint or information must state the:
Date of Commission of the Offense 1. Name and surname of the persons against
General Rule: It is not necessary to state in the whom or against whose property the offense
complaint or information the precise date the was committed or any appellation or nickname
offense was committed. (People v. Bacus, G.R. by which such person has been or is known.
No. 208354, 2015) 2. If the offended party is a juridical person, it is
Exception: If the date is material ingredient of the sufficient to state its name, or any name or
offense. (Examples: Election offenses, Infanticide) designation by which it is known or by which it
may be identified, without need of averring that
The remedy against an indictment that fails to it is a juridical person or that it is organized in
allege the time of commission of the offense with accordance with law.
sufficient definiteness is a motion for bill of 3. If there is no better way of identifying him, he
particulars (Rule 116, Sec. 10). The failure to must be described under a fictitious name. If
move or specification or the quashal of the true name is thereafter disclosed or
information on any of the grounds provided for in ascertained, the Court must cause true name
the Rules deprives the accused of the right to to be inserted in the complaint or information
object to evidence which could be lawfully and record.
introduced and admitted under an information of 4. In crimes against property, if the name of the
more or less general terms but which sufficiently offended party is unknown, the property must
charges the accused with a definite crime. be described with such particularity as to
Besides, the exact date of the commission of the properly identify the particular offense charged
crime is not an essential element of the crime. (Sec. 12, Rule 110).
(People v. Elpedes, G.R. No. 137106-07, 2001)
To constitute larceny, robbery, embezzlement,
“On or about the 27th day of November 2000” was obtaining money by false pretenses, malicious
held to be sufficient. (People v. Delfin, G.R. No. mischief, etc., the property obtained must be that
201572, 2014) of another person, and indictment for such offense
must name the owner and a variance in this
The phrase “on or about” in the Information does respect between the indictment and the proof will
not require the prosecution to prove any precise be fatal.
date. (Escandor v. People, G.R. No. 211962,
2020)
However, it was also held that the phrase “on or

about the year 1992” encompasses not only the
twelve months of 1992, but includes the years prior
and subsequent to 1992. Therefore, the accused
was deprived of his right to intelligently prepare for
his defense and convincingly refute the charges
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Rule in Crimes Against Property Exception: When the law prescribes a single
EFFECT OF ERROR punishment for various offenses (Sec. 13, Rule
IN DESIGNATION 110).
SUBJECT MATTER
OF OFFENDED
PARTY Duplicitous Information
General and not Fatal – results in the Duplicity in criminal pleading is the joinder of two
identifiable, such as acquittal of the or more distinct and separate offenses in the same
money unlawfully taken accused count of an indictment or information. It is
Specific and identifiable, duplicitous if it charges two or more different
Immaterial – will not offenses.
such as jewelry in a list
result in the acquittal
(Senador v People, G.R.
of the accused Purpose
No. 201620, 2013)
To give the defendant the necessary knowledge of
7. CAUSE OF THE ACCUSATION the charge to enable him to prove his defense.
The State should not heap upon the defendant two
The acts or omissions complained of as or more charges which might confuse him in his
constituting the offense and the qualifying and defense.
aggravating circumstances must be stated in
ordinary and concise language and not Remedy
necessarily in the language used in the statute but Filing of a Motion to Quash (Rule 110, Sec. 3[f])
in terms sufficient to enable a person of common
understanding to know what offense is being Waiver
charged as well as its qualifying and aggravating When the accused fails, before arraignment
circumstances and for the court to pronounce (entering a “plea”) is completed, to move for the
judgment (Sec. 9, Rule 110). quashal of the information which charges 2 or
more offenses, he thereby waives the objection
The information need not reproduce the law and may be found guilty of as many offenses as
verbatim in alleging the acts or omissions that those charged and proved during the trial.
constitute the offense. If its language is Exceptions to the Rule on Duplicity
understood, the constitutional right to be informed 1. Continuous crimes;
of the nature and cause of the accusation against 2. Complex crimes;
the accused stands unviolated. 3. Special complex crimes;
4. Crimes susceptible of being committed in
This mandate to be informed of the nature and various modes; and
cause of the accusation against him does not 5. Crimes of which another offense is an
require a verbatim reiteration of the law. The use ingredient. (People v. Camerino, G.R. No. L-
of derivatives, synonyms, and allegations of basic 13484, 1960)
facts constituting the crime will suffice. (Omar
Villarba v. CA, G.R. No. 227777, June 15, 2020) Requisites of Continuous Crime (PUU):
1. Plurality of acts performed separately during a
8. DUPLICITY OF THE OFFENSE;
period of time;
EXCEPTION 2. Unity of penal provision infringed upon or
violated;
The information is defective when it charges two
3. Unity of criminal intent which means that two or
or more DISTINCT or DIFFERENT offenses.
more violations of the same penal provision are
united in one and the same intent leading to the
General Rule: A complaint or information must
perpetration of the same criminal purpose or
charge only one offense.
claim (Gamboa v. CA, G.R. No. L-41054
November 28, 1975).
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Where the law with respect to an offense may be 2. Excludes from the information a co-accused
committed in any of the different modes provided (Rule 110, Sec. 14).
by law, the indictment in the information is
sufficient if the offense is alleged to have been The court shall state the reasons in resolving the
committed in one, two or more modes specified motion and copies thereof furnished all parties,
therein. The various ways of committing the especially the offended party.
offense should be considered as a description of
only one offense and the information cannot be After the Plea
dismissed on the ground of multifariousness. 1. Formal amendment only with leave of court,
and without causing prejudice to the rights of
When several people are killed by separate bullets the accused
from a single automatic weapon, Art. 48 of RPC 2. But when a fact supervenes which changes the
will not apply. Each person killed became the nature of the crime charged in the information
victim, respectively, of a separate crime. Although or upgrades it to a higher crime, in which case,
the burst of shots was caused by one single act of there is a need for another arraignment of the
pressing the trigger of the automatic weapon, the accused under the amended information (Rule
person firing it has only to keep pressing the 110, Sec. 14)..
trigger with his finer and it would fire continually.
Hence, it is not the single act of pressing the trigger Test as to whether a Defendant is Prejudiced
which produced the several felonies, but the by the Amendment
number of bullets which were discharged (People 1. Whether a defense under the information as it
v Tabaco, G.R. No. 100382-100385, 1997). originally stood would be available after the
amendment is made; and
9. AMENDMENT OR SUBSTITUTION OF 2. Whether any evidence defendant might have
COMPLAINT OR INFORMATION would be equally applicable to the information
in the new form as in the other (People v.
Amendment Borromeo, G.R. No. L-62737 June 29, 1983).
Adding or striking out an allegation or the name of
any party, or by correcting a mistake in the name When an amendment is formal or substantial
of a party or a mistaken or inadequate allegation The amendment is formal when it does not change
or description in any other respect, so that the the nature of the crime alleged therein, or affect
actual merits of the controversy may speedily be the essence of the offense, or cause surprise; or
determined, without regard to technicalities, and in deprive the accused of an opportunity to meet the
the most expeditious and inexpensive manner new averment. (Ricarze v. Court of Appeals, G.R.
(Rule 10, Sec. 1) No. 160451, 2007)
Before the Accused Enters His Plea, the An amendment which does not change the nature
Prosecutor May: of the crime alleged therein, does not expose the
Without leave of court, in form and substance, accused to a charge which could call for a higher
provided there is evidence thereon which has penalty, does not affect the essence of the offense
been presented during the preliminary or cause surprise or deprive the accused of an
investigation: opportunity to meet the new averment had each
1. Upgrade the offense; been held to be one of form and not of substance-
2. Allege qualifying and aggravating not prejudicial to the accused and, therefore, not
circumstances; or prohibited by Section 14, Rule 110. (People v.
3. Change the offense charged (Rule 110, Sec. Casey, G.R. No. L-30146, 1981)
14).
Changing the word “Homicide” to “Murder” in the
With leave of court, motion by the prosecutor and caption of the case, without any change in the
notice to the offended party when amendment: facts constituting the offense charged, is purely a
1. Downgrades the offense charged; or
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formal amendment. (Pacoy v. Cajigal, G.R. No. Amendments to Information May Be Allowed
157472, 2007) when:
1. It does not deprive the accused of the right to
An amendment is merely formal if it did not change invoke prescription;
the essence of the offense or cause surprise as to 2. It does not affect or alter the nature of the
deprive petitioner of the opportunity to meet the offense originally charged;
new information. If the amendment only states with 3. It does not involve a change in the basic theory
precision something that was already included in of the prosecution so as to require the accused
the original Information, it is merely a formal to undergo any material charge or modification
amendment. (Omar Villarba v. CA, G.R. No. in his defense;
227777, 2020) 4. It does not expose the accused to a charge
which would call for a higher penalty;
The amendment is substantial “when a defense of 5. It does not cause surprise or deprive the
the accused, under the original complaint or accused of an opportunity to meet the new
information, would no longer be available after the averment.
amendment is made, and when any evidence the
accused might have would be inapplicable to the Substitution of the Complaint or Information
complaint or information, as amended. (Kummer 1. Before Plea – double jeopardy does not arise.
v. People, G.R. No. 174461, 2013) 2. Anytime AFTER Plea – (no double jeopardy
and bail for witness)
General Rule: After arraignment, the prosecutor a. Mistake has been made in charging the
may no longer amend the information which proper offense or the accused cannot be
changes the nature of the crime, as it will prejudice convicted of the offense charged,
the substantial rights of the accused (Mendez v. b. Court shall dismiss the original complaint or
People, G.R. No. 179962, June 11, 2014). information upon the filing of a new one,
c. Provided, accused will not be placed in
Exception: When a fact supervenes which double jeopardy
changes the nature of the crime charged in the
information or upgrades it to a higher crime, the When it becomes manifest at any time before
prosecutor, with leave of court, may amend the judgment that a mistake has been made in
information to allege such supervening fact and charging the proper offense and the accused
upgrade the crime charged to the higher crime cannot be convicted of the offense charged or any
brought about by such supervening fact provided other offense necessarily included therein, the
it will not prejudice the rights of the accused. accused shall not be discharged if there appears
good cause to detain him. In such case, the court
However, if the supervening event which changes shall commit the accused to answer for the proper
the nature of the crime to a more serious one offense and dismiss the original case upon the
occurred after the accused has been convicted, filing of the proper information.
which makes the amendment of the information no
longer the remedy of the prosecution, the Note: A substantial amendment consists of the
prosecution can and should charge the accused recital of facts constituting the offense charged
for such more serious crime, without placing the and determinative of the jurisdiction of the court.
accused in double jeopardy, there being no All other matters are merely of form.
identity of the offense charged in the first
information and in the second one. The following have been held to be mere formal
amendments: (1) new allegations which relate only
to the range of the penalty that the court might
impose in the event of conviction; (2) an
amendment which does not charge another
offense different or distinct from that charged in the
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original one; (3) additional allegations which do not An amended Requires or

alter the prosecution’s theory of the case so as to information refers to presupposes that the
cause surprise to the accused and affect the form the same offense new information
of defense he has or will assume; (4) an charged in the original involves a different
amendment which does not adversely affect any information or to an offense which does
substantial right of the accused; and (5) an offense which not include or is not
amendment that merely adds specifications to necessarily includes or necessarily included
eliminate vagueness in the information and not to is necessarily included in the original charge,
introduce new and material facts, and merely in the original charge, hence the accused
states with additional precision something which is hence substantial cannot claim double
already contained in the original information and amendments to the jeopardy.
which adds nothing essential for conviction for the information after the
crime charged. plea has been taken
cannot be made over
The test as to whether a defendant is prejudiced the objection of the
by the amendment is whether a defense under the accused, for if the
information as it originally stood would be available original would be
after the amendment is made, and whether any withdrawn, the
evidence defendant might have would be equally accused could invoke
applicable to the information in the one form as in double jeopardy.
the other. An amendment to an information which
does not change the nature of the crime alleged
therein does not affect the essence of the offense Variance between Indictment and Proof:
or cause surprise or deprive the accused of an 1. When the offense proved is less serious than
opportunity to meet the new averment had each and is necessarily included in the offense
been held to be one of form and not of substance. charged, in which case, the defendant shall be
(Ricarze v. Court of Appeals, G.R. No. 160451, 9 convicted of the offense proved;
February 2007) 2. When the offense proved is more serious than
and includes the offense charged, in which
Amendment vs. Substitution case the defendant shall be convicted of the
offense charged;
AMENDMENT SUBSTITUTION 3. When the offense proved is neither included in,
May involve either Involves substantial nor does it include, the offense charged and is
formal or substantial change from original different therefrom, in which case the court
changes. charge. should dismiss the action and order the filing of
new information charging the proper offense.
Amendment before the Substitution of (Substitution of information applies in this
plea has been entered information must be case).
can be effected without with leave of court as
leave of court. the original 10. VENUE OF CRIMINAL ACTIONS
information has to be
dismissed. Venue in Criminal Case is Jurisdictional, Being
an Essential Element of Jurisdiction
When an amendment Another preliminary
is only as to form, there investigation is Purpose
is no need for another entailed and the To ensure that the defendant is not compelled to
preliminary accused has to plead move to, and appear in, a different court from that
investigation and the anew to the new of the province where the crime was committed as
retaking of the plea of information. it would cause him great inconvenience in looking
the accused. for his witnesses and other evidence in another
place (Treñas v. People, G.R. No. 195002, 2012)
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intervene. He no longer has any standing in the

General Rule: Penal laws are territorial; hence criminal case, except to be a prosecution witness.
Philippine courts have no jurisdiction over crimes
committed outside the Philippines. It cannot be Q: Where a criminal action has been provisionally
waived or changed by the agreement of the parties dismissed upon motion of the prosecutor, can the
or by consent of the defendant. case be revived upon motion of the offended
party?
Exception: There are crimes punished under the A: NO, because the offended party or complaining
RPC and under special penal laws which have witness cannot act for the prosecutor.
extraterritorial jurisdiction.
In exceptional circumstances, to ensure a fair

trial and impartial inquiry, the Supreme Court shall C. PROSECUTION OF CIVIL ACTION
have the power to order a change of venue or
1. RULE ON IMPLIED INSTITUTION OF
place of trial to avoid the miscarriage of justice
(1987 Constitution, Section 5(4), Art. VIII). CIVIL ACTION WITH CRIMINAL ACTION
11. INTERVENTION OF OFFENDED PARTY General Rule: The institution or filing of the
criminal action includes therein the institution of
General Rule: Offended party has the right to civil action for recovery of civil liability arising from
intervene by counsel in the prosecution of the the offense charged (Rule 111, Sec. 1).
criminal action where the civil action for recovery
of civil liability is instituted in the criminal action Exception/s:
pursuant to Rule 111, Rules of Court When the offended party:
1. Waives the civil action;
Exception/s: 2. Reserves his right to institute the civil action
1. Where from the nature of the crime and law separately; or
defining and punishing, no civil liability arises in 3. Institutes the civil action prior to the criminal
favor of the offended party (e.g., charge of action (Rule 111, Sec. 1).
Plunder, which involves government funds
only, as opposed to Estafa, where the money Note: The civil action for the recovery of civil
belongs to a private person); liability that is deemed instituted with the criminal
2. Where the offended party has waived the right action refers only to that arising from the offense
to civil indemnity (e.g., Estafa, where the charged. (Solidum v. People, G.R. No. 192123,
offended party states that he/she waives 2014).
recovery of actual and other damages); or
3. Where the offended party has already instituted Note: Under the Rules, where the civil action for
an action (e.g., Estafa, where the offended recovery of civil liability is instituted in the criminal
party has filed a separate civil action to recover action pursuant to Rule 111, the offended party
actual and other damages). may intervene by counsel in the prosecution of the
offense. (Lee v. Chua, G.R. No. 181658, 2013).
Where the offended party withdrew a reservation
to file a separate civil action, the private prosecutor Note on juridical persons: Nowhere in B.P. Blg.
may still intervene in the prosecution of the 22 is it provided that a juridical person may be
criminal case, by conducting the examination of impleaded as an accused or defendant in the
witnesses under the control of the prosecutor. prosecution for violations of that law, even in the
litigation of the civil aspect thereof. Nonetheless,
HOWEVER: Once the offended party has filed a the substantive right of a creditor to recover due
separate civil action arising from the crime, he may and demandable obligations against a debtor-
not withdraw such civil case in order to intervene corporation cannot be denied or diminished by a
in the criminal prosecution. He loses the right to rule of procedure.
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2. A claim arising from an offense which is

Technically, nothing in Section 1(b) of Rule 111 cognizable by the SB – a civil action filed prior
prohibits the reservation of a separate civil action to the criminal action has to be transferred to
against the juridical person on whose behalf the the subsequently filed criminal action for joint
check was issued. What the rules prohibit is the hearing (P.D. No.1606 as amended by R.A.
reservation of a separate civil action against the No. 8249, Sec. 4);
natural person charged with violating B.P. Blg. 22,
including such corporate officer who had signed NOTE: The filing of the criminal action shall be
the bounced check. deemed to necessarily carry with it the filing of
the civil action, and no right to reserve the filing
The civil action that is impliedly instituted based on of such civil action separately from the criminal
B.P. 22 is only the civil liability of the signatory and action shall be recognized. However, where the
not of the corporation itself. The distinctness of the civil action had heretofore been filed separately
cause of action against the signatory and that but judgment has not been rendered, and a
against the corporation is rendered beyond criminal case is filed before the Sandiganbayan
dispute. (Gosiaco vs. Ching, G.R. No. 173807, or appropriate court, said civil action shall be
2009) transferred thereto. Otherwise, the civil action
shall be abandoned. (P.D. No. 1606, as
When Reservation Shall Be Made: amended by R.A. No. 10660, Sec. 4)
1. Before the prosecution starts to present its
evidence; and 3. Tax cases (R.A. No. 9282, Sec. 7[b][1]); and
2. Under circumstances affording the offended
party a reasonable opportunity to make such 4. Civil actions, which can be filed and prosecuted
reservation (Rule 111, Sec. 1). independently of the criminal action, namely,
those provided in Articles 32, 33, 34 and 2176
Where No Reservation Shall Be Allowed of the Civil Code.
1. Criminal action for violation of B.P. 22 and
Estafa: Unless a separate civil action has been Although the criminal and civil actions may be
filed before the institution of the criminal action, joined in the criminal case, they are distinct
no such civil action can be instituted after the from each other. The plaintiffs in the two
criminal action has been filed as the same has actions are different.
been included therein.
THEREFORE: Even if the accused started
NOTE: Where the civil action has been filed serving his sentence within the 15-day period
separately before the criminal action, it may be from the promulgation of the judgment of
consolidated upon application with the court conviction by the lower court, thereby making
trying the latter case. the judgment against him final, the complainant
may, within the 15-day reglementary period,
NOTE: The civil liability arising from the act of still ask that the civil liability be fixed by the
issuing a bouncing check can be the subject of court, if the judgment does not adjudicate any
both civil actions deemed instituted with the civil liability, as the judgment regarding civil
estafa case and the BP 22 violation. In the liability has not become final and the court still
crimes of both estafa and violation of BP 22, has jurisdiction to adjudge the civil liability.
Rule 111 of the Rules of Court expressly
allows, even automatically, the institution of a NOTE: Only civil liability arising from crime
civil action without need of election by the charged (cause of action arising from delict) as
offended party. (Rodriguez v. Ponferrada, G.R. a felony is deemed instituted. Civil liability
Nos. 155531-34, 2005) arising from other sources of obligations (law,
quasi-contract and quasi-delict) are no longer
deemed instituted such as those under Article
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32, 33, 34 and 2176 of the Civil Code which can suspended until final judgment of the criminal
be prosecuted even without reservation. The action has been rendered (Rule 111, Sec. 2).
employer may not be held civilly liable for
quasi-delict in the criminal action since quasi- Exceptions:
delict is not deemed instituted with the criminal. 1. In cases of independent civil actions based
(Maniago v. CA, G.R. No. 104392, 1996) upon Articles 32, 33, 34 and 2176 of the Civil
Code (Rule 111, Sec. 3);
NOTE: Institution of a criminal case includes 2. In cases where the civil action presents a
the civil action for the recovery of the civil prejudicial question; and
liability arising from the offense charged. The 3. Where the civil action is not one intended to
inclusion of the civil action is to avoid enforce the civil liability arising from the
multiplicity of suits. Article 100 of the RPC offense.
states that every person criminally liable for a
felony is also civilly liable. (People v. Rayos, Note: Article 29 of the Civil Code merely
G.R. No. 200942, 2015) emphasizes that a civil action for damages is not
precluded by the acquittal of an accused for the
2. WHEN CIVIL ACTION MAY PROCEED same criminal act or omission. It does not state
INDEPENDENTLY that the remedy can be availed of only in a
separate civil action.
General Rule: Independent civil actions under
Articles 32, 33, 34 and 2176 of the Civil Code: Note: While the criminal action is pending, the
1. May be brought by the offended party; running of the period of prescription of the civil
2. Proceed independently of criminal action; and action which, either 1) cannot be instituted
3. Require only a preponderance of separately or 2) whose proceeding has been
evidence(Rule 111, Sec. 3). suspended, shall be suspended.
Exception: A plaintiff cannot recover damages Consolidation of Criminal and Civil Cases
twice for the same act or omission of the Before Judgment on the Merits
defendant. Before judgment on the merits is rendered in the
civil action, the same may, upon motion of the
Purpose offended party be consolidated with the criminal
To make the court’s disposition of the criminal action in the court trying the criminal action. This
case of no effect whatsoever on the separate civil is a modification on the rule on primacy of criminal
case. action (Rule 111, Sec. 1, last paragraph).
NOTE: This is subject to the rule prohibiting Where Effected

double recovery. The consolidation must be effected in the criminal
court, irrespective of the nature of the offense, the
3. WHEN SEPARATE CIVIL ACTION IS
amount of the civil claim or the rank of the court
SUSPENDED
trying the civil case.
General Rule: Primacy of Criminal Action Over
Civil Action In cases where consolidation is given due course,
After the filing of the criminal action, the civil the evidence presented and admitted in the civil
action, which has been reserved, cannot be case shall be deemed automatically reproduced in
instituted until final judgment has been rendered in the criminal action without prejudice to the right of
the criminal action (Rule 111, Sec. 2). the prosecution to cross-examine the witnesses
presented by the offended party in the criminal
If the civil action is instituted before the criminal case and of the parties to present additional
action and the criminal action is subsequently evidence.
commenced, the pending civil action shall be
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The consolidated criminal and civil cases shall be 4. EFFECT OF THE DEATH OF ACCUSED
tried and decided jointly (Rule 111, Sec. 2). OR CONVICT ON CIVIL ACTION
General Rule: A judgment of acquittal Before Arraignment

extinguishes civil liability only when it includes a The criminal action shall be dismissed without
declaration that the fact from which civil liability prejudice to the offended party’s filing any civil
might arise did not exist. Thus, civil liability is not action against the estate of the deceased (Rule
extinguished in the following situations: 111, Sec. 4).
1. The acquittal is based on reasonable doubt,
where the civil case was reserved. After Arraignment and During the Pendency of
2. The decision contains a declaration that the the Criminal Action
liability is not criminal but only civil in nature. General Rule: Death extinguishes the civil liability
3. The civil liability is not derived from or based on arising from delict or the offense Rule 111, Sec. 4).
the criminal act of which the accused is
acquitted. (Sapiera v. Court of Appeals, G.R. Exception: Where civil liability is predicated on
No. 128927, 1999). other sources of obligations such as law, contract,
quasi-contract, and quasi-delict (Asilo v. People
Exception: If there is a finding in the final G.R. Nos. 159017-18, 2011) - Independent civil
judgment in the criminal action that the act or action
omission from which the civil liability may arise did
not exist. (Ching v. Nicdao, G.R. No. 141181, Note: Both may be continued against the estate or
2007) legal representative of the accused after proper
substitution, or against said estate, whatever the
Note: The acquittal of petitioner does not bar the case may be. Heirs of the deceased shall be
offended party from pursuing a subsequent civil substituted for the deceased defendant without
case based on the delict, UNLESS, the judgment requiring the appointment of an executor or
of acquittal expressly declares that the act or administrator. The court may also appoint a
omission from which the civil liability may arise did guardian ad litem for minor heirs. The criminal
not exist. (Coscuella v. Sandiganbayan. G.R. No. case is reduced to a civil action. (People v. Lipata
191411, 2013) y Ortiza, G.R. No. 200302, 2016)
Note: The acquittal of an accused who is also a If the civil action has been reserved and
respondent in an administrative case does not subsequently filed or such civil action has been
conclude the administrative proceedings, nor carry instituted, when the accused died, then such civil
with it relief from administrative liability. Only action will proceed and substitution of parties shall
substantial evidence is necessary in be ordered by the court pursuant to Section 16
administrative cases. (Gupilan-Aguilar v. Office of Rule 3 of the Rules of Court.
the Ombudsman, G.R. No. 197307, 2014, see also
Dy v. People, G.R. No. 189081, 2016) Note: The Supreme Court, in People v. Lipata,
ruled that there was no separate civil case
Note: The Supreme Court, in Co v. Muñoz (G.R. instituted prior to the criminal case. Neither was
No. 181986, 2013) ruled that there was no libel there any reservation for filing a separate civil case
committed because Muñoz’s remarks were for the cause of action arising from quasi-delict.
privileged communication, and since malice was Under the present Rules, the heirs of Cueno
no longer presumed, there was no civil liability on should file a separate civil case in order to obtain
his part. financial retribution for their loss. The lack of a
Criminal liability for estafa is not affected by a separate civil case for the cause of action arising
compromise or novation of contract, since it is a from quasidelict leads us to the conclusion that, a
public offense (Metrobank v. Reynaldo, G.R. No. decade after Cueno’s death, his heirs cannot
G.R. No. 164538, 2010) recover even a centavo from the amounts
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awarded by the CA (People v. Lipata, G.R. No.

200302, 2016). Where to File Petition for Suspension By
Reason of Prejudicial Question
After Final Judgment Office of the Prosecutor or the court conducting
The action is enforced as a money claim against the preliminary investigation (Rule 111, Sec. 6).
the estate. (Rule 86)
Time to Plead
Judgment in Civil Action Not A Bar A petition for suspension of the criminal action
A final judgment rendered in a civil action based upon the pendency of a prejudicial question
absolving the defendant from civil liability is not a in a civil action may be filed in the office of the
bar to a criminal action against the defendant for prosecutor or the court conducting the preliminary
the same act or omission subject of the civil action investigation. Even during preliminary
(Rule 111, Sec. 5). investigation, a petition for suspension based on
prejudicial question can be filed before the
Note: Where the criminal case was dismissed investigating officer.
before trial because the offended party executed
an affidavit of desistance, the civil action thereof is When the criminal action has been filed in court for
similarly dismissed. trial, the petition to suspend shall be filed in the
same criminal action at any time before the
Upon accused's death pending appeal of his prosecution rests (Rule 111, Sec. 6).
conviction, the criminal action is extinguished
inasmuch as there is no longer a defendant to Elements of Prejudicial Question based on
stand as the accused; the civil action instituted Jurisprudence
therein for the recovery of the civil liability ex 1. The civil case involves facts intimately related
delicto is ipso facto extinguished, grounded as it is to those upon which the criminal prosecution
on the criminal action. However, it is well to clarify would be based
that accused's civil liability in connection with his 2. In the resolution of the issue or issues raised in
acts against the victim may be based on sources the civil action, the guilt or innocence of the
other than delicts; in which case, the victim may accused would necessarily be determined; and
file a separate civil action against the estate of the 3. Jurisdiction to try said question must be lodged
accused, as may be warranted by law and in another tribunal. (People v. Arambulo, G.R.
procedural rules. (People v. Layag, G.R. No. No. 186597, 2015)
214875, 2016).
Elements of Prejudicial Question Based on the
5. PREJUDICIAL QUESTION Rules of Court
1. The previously instituted civil action involves an
Prejudicial Question issue similar or intimately related to the issue
It arises in a case, the resolution of which is a raised in the subsequent criminal action.
logical antecedent of the issue involved in the 2. The resolution of such issue determines
criminal case and the cognizance of which whether or not the criminal action may proceed
pertains to another tribunal (Omictin v. CA, G.R. (Rule 111, Sec. 7).
No.148004, January 22, 2007)
Requirement of Previous Civil Action and
Suspension of the criminal case due to a Subsequent Criminal Action
prejudicial question is only a procedural matter, General Rule: There must be a previously
and is subject to a waiver by virtue of prior acts of instituted civil action and a subsequent criminal
the accused. action for the doctrine of prejudicial question to
apply.
Purpose Exception: The Supreme Court has relaxed this
To avoid two conflicting decisions (Jose v. Suarez, rule and applied the doctrine to a previously
556 SCRA 773).
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instituted administrative case and a subsequent An independent civil action based on fraud
civil case (Quiambao v. Osorio, G.R. No. L-48157, initiated by the defrauded party does not raise a
1998) and also a previously instituted prejudicial question to stop the proceedings in a
administrative case and a subsequent criminal pending criminal prosecution of the defendant for
case (San Miguel Properties, Inc. vs. Sec. estafa through falsification. The result of the
Hernando Perez, G.R. No. 166836, 2013). independent civil action is irrelevant to the issue of
guilt or innocence of the accused. In no case,
The Supreme Court acknowledged in those cases however, may the offended party recover
that there was an INTIMATE CORRELATION OR damages twice for the same act or omission
INTIMATE RELATION between the two cases. charged in the criminal action. (Consing, Jr. vs.
People, G.R. No. 161075, 2013)
The annulment of marriage is not a prejudicial
question in the criminal case for parricide. (Joselito A prejudicial question in an administrative case
Pimentel v. Maria C. Pimentel, G.R.172060, filed with the HLURB suspends the criminal action
2010). because the action for specific performance was
civil in nature but could not be instituted elsewhere
A prejudicial question need not conclusively except in the HLURB whose jurisdiction over the
resolve the guilt or innocence of the accused. It is action was exclusive and original. (San Miguel
enough that it tests the sufficiency of the Properties v. Perez, G.R. No. 192253, 2013).
allegations in the information in order to sustain
further prosecution of the criminal case. (San 6. RULE ON FILING FEES IN CIVIL ACTION
Miguel Properties v. Perez, G.R. No. 192253, DEEMED INSTITUTED WITH THE CRIMINAL
2013) ACTION
The phrase “previously instituted” in Rule 111 CASE FILING FEES REQUIRED
Section 7 was inserted to qualify the nature of the Actual None
civil action involved in a prejudicial question in damages
relation to the criminal action. This interpretation is BP 22 Based on the amount of the check;
further buttressed by the insertion of the word paid in full upon filing of the criminal
“subsequent” directly before the term criminal and civil actions
action. There is no other logical explanation other Estafa Based on the amount involved
than the civil action must precede the criminal Damages Based on the amount in the
action for there to be a prejudicial question. other than complaint. If there is no specified
(Dreamwork Construction v. Janiola and Famini, Actual amount in the complaint, filing fees
G.R. No. 184861, 2009) shall be assessed in accordance
with the Rules, and shall be a first
B.P. 22 controversies generally present a special lien on the judgment.
class of cases with consistent rulings against the
appreciation of a prejudicial question. The issue in Actual Damages
the criminal cases is whether the petitioner is guilty General Rule: No filing fees are required for
of violating B.P. 22, while in the civil case, it is amounts of actual damages (Rule 111, Sec. 1).
whether the private respondents are entitled to Exception: Criminal action for violation of B.P. 22
collect form the petitioner the sum or the value of which is deemed to include the corresponding civil
the checks. The resolution in the civil action is not action. The offended party shall, upon the filing of
determinative of the guilt or innocence of the the criminal and civil actions, pay in full the filing
accused in the criminal action. Mere issuance of fees based on the face value of the check as the
the worthless check with knowledge of the actual damages.
insufficiency of funds constitutes the crime. (Yap
v. Cabales, G.R. No. 159186, 2009) Note: Where a total of 40 counts of violation of
B.P. 22 was filed, this is equivalent to the filing of
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40 different information, as each count represents counterclaim, cross-claim or third-party complaint

an independent violation of the law. Filing fees, are may be filed by the accused in the criminal case,
therefore, due for each count. (Chua v. Executive but any cause of action which could have been
Judge, G.R. No. 202920, 2013). subject thereof may be litigated in a separate civil
action.
Purpose of Execution: to prevent offended party
from using the prosecutor’s office and the court as REASONS:
vehicles for recovery of the face value of the 1. The counterclaim of the accused will
check, without paying the corresponding filing fees unnecessarily complicate and confuse the
criminal proceedings;
Damages Other Than Actual 2. The trial court should confine itself to the
1. If these damages are specified in the complaint criminal aspect and the possible civil liability
or information, the corresponding filing fees of the accused arising out of the crime.
should be paid, otherwise, the trial court will not HOWEVER: The accused, who is presumed
acquire jurisdiction over such other damages. innocent, has a right to file a separate civil action
2. If not specified in the complaint or information, in the same way that the offended party can avail
the grant and amount thereof are left to the of this remedy. To disallow the accused from filing
sound discretion of the trial court, the a separate civil action for quasi-delict, while
corresponding filing fees need not be paid and refusing to recognize his counterclaim in the
shall simply constitute a first lien on the criminal case, is to deny him due process of law,
judgment. access to the courts, and equal protection of the
3. In an appeal of a criminal case, the appellate law. (Casupanan v. Laroya, G.R. No. 145391,
court may impose additional damages or 2002).
increase or decrease the amounts of damages
upon the accused-appellant.
4. Additional penalties cannot be imposed upon a
co-accused who did not appeal, but D. PRELIMINARY INVESTIGATION
modifications of the judgment beneficial to him
Definition:
are considered in his favor.
It is an inquiry or a proceeding to determine
5. The offended party in a criminal case may
whether there is sufficient ground to engender a
appeal the civil aspect despite the acquittal of
well-founded belief that a crime has been
the accused. Where the trial court convicted
committed and that the respondent is probably
the accused, but dismissed the civil action
guilty thereof and should be held for trial (Rule
instituted therein, the offended party may
112, Sec. 1).
appeal the dismissal to the CA.
6. If aggravating circumstance is not alleged but
It is purely executive in nature. The courts can only
proven in trial, the court will not consider such
come in when there is grave abuse of discretion
aggravating circumstance in the award of
on the part of the prosecution. PI is based on
damages
probable cause. It does not import absolute
certainty, and need not be based on clear and
Compromise on Civil Aspect
convincing evidence. The investigating officer acts
The offended party may compromise the civil
upon reasonable belief. It implies probability of
aspect of a crime, provided that it must be entered
guilt and requires more than bare suspicion but
before or during the litigation, and not after final
less than evidence to justify a conviction. (Manebo
judgment. A compromise on the civil aspect is
v. Acosta, G.R. No. 169554, 2009, see also SEC
valid even if it turns out to be unsatisfactory either
v. Santos, G.R. No. 195542, 2014)
to one or both of the parties.
When Required
IMPORTANT: Section 1, Rule 111, Rules of
General Rule: BEFORE the filing of a complaint
Court now expressly provides that no
or information for an offense where the penalty
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prescribed by law is at least 4 years, 2 months and order the conduct of such investigation. (Estrada
1 day without regard to the fine. v. Ombudsman, G.R. 212140-41, 2015)
Exception: If the accused was arrested by virtue Waiver

of lawful warrantless arrest (Rule 112, Sec. 1) Failure of accused to invoke his right to a
preliminary investigation constituted a waiver of
The dismissal of the case by the investigator will such right and any irregularity that attended it. The
not constitute double jeopardy and will not bar the right may be forfeited by inaction and can no
filing of another complaint for the same offense, longer be invoked for the first time at the appellate
but if re-filed, the accused is entitled to another level. (People v. Liwanag y Buenaventura, G.R.
preliminary investigation. (Solado Law Offices v. No. 120468, 2001)
CA, G.R. No. 219914, 2016 citing Estrada v.
Ombudsman, G.R. No. 212140-41, 2015). Failure to request it within 5 days from the time he
learns of the filing of the complaint or information
1. NATURE OF RIGHT in those instances where the accused is lawfully
arrested without a warrant.
The right of an accused to a preliminary
investigation is not a constitutional but merely a No Right of Preliminary Investigation
statutory right. Nonetheless, it is a component
When a person is lawfully arrested without a
part of due process in criminal justice and is a warrant unless there is a waiver of the provisions
substantive right. It is subject to the requirements of Article 125 of the Revised Penal Code.
of both substantive and procedural due process
(Duterte v. Sandiganbayan, G.R. No. 130191. Note: Article 125 of the Revised Penal Code
April 27, 1998) provides for the periods within which the public
officer or employee detaining a person for some
A preliminary investigation is not a trial and legal ground is directed to deliver such person to
does not involve the examination of witnesses the judicial authorities (12, 18 or 36 hours
by way of direct or cross-examinations
depending upon the penalties prescribed for the
(Bautista v. CA, G.R. No. 143375, July 6, 2001).
offense).
Preliminary investigation is not the occasion HOWEVER: The Accused Can Ask for
for the full and exhaustive display of the Preliminary Investigation: If he is subjected to
parties’ evidence. The merits and validity of the lawful arrest or inquest proceeding, he can ask for
accusation or defense and the admissibility of preliminary investigation BEFORE the filing of the
testimonies and evidence are better ventilated complaint/ information BUT he must sign a
during trial (Ricaforte v. Jurado, G.R. No. 154428, waiver in accordance with Article 125, Revised
Sept. 5, 2007). Penal Code.
The right to a preliminary investigation is a Note: By virtue of Section 2 of RA 7438, any

personal right and may be waived expressly or by waiver by the person arrested or detained or under
implication (People v. Lazo, G.R. No. 75367. June custodial investigation shall be in writing, signed
19, 1991). by such person in the presence of his counsel,
otherwise such waiver shall be null and void.
Lack of preliminary investigation is not a ground to
quash or dismiss a complaint or information, nor AFTER the filing of the information/complaint, the
does it affect the court’s jurisdiction (Pilapil v.
accused may, within 5 days from the time he
Sandiganbayan, G.R. No. 101978. April 7, 1993). learns of its filing ask for preliminary investigation.
If there was no preliminary investigation and an If the accused is already arraigned, he waives his
objection was raised, the court, instead of right to preliminary investigation.
dismissing the complaint or information, should
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Required before the filing of a

Note: This rule has been partially amended by complaint or information for an
A.M. 05-0-8-26-SC. The amendments took effect offense where the penalty
on October 3, 2005. The amendment removed the prescribed by law is > 4 yr, 2 mo,
conduct of preliminary investigation from the and 1 day
judges of the first level courts. Judge (Rule To determine W/N a warrant of
112, Secs. 5 & arrest or a commitment order
2. PURPOSES OF PRELIMINARY 8) shall be issued and that there is
INVESTIGATION a necessity of placing
respondent under immediate
Purposes
custody in order not to frustrate
1. To determine whether a crime has been
the ends of justice
committed and whether there is probable
Peace Officer When making a warrantless
cause to believe that the accused is guilty
or Private arrest, and he has probable
thereof (Bautista v. CA, G.R. No. 143375, July
Person (Rule cause to believe based on
6, 2001).
113, Sec. 5[b]) personal knowledge of facts or
Note: Probable cause for purposes of filing a
circumstances that the person to
criminal information is defined as such facts as
be arrested has committed it
are sufficient to engender a well-founded belief
Judge (Rule To determine W/N a search
that a crime has been committed and that the
126, Sec. 4) warrant shall be issued
respondent is probably guilty thereof. Probable
cause, although it requires less than evidence
Officers Authorized To Conduct Preliminary
justifying a conviction, demands more than
Investigation
bare suspicion (Callo-Claridad v. Esteban,
1. Provincial or City Prosecutor and their
G.R. No. 191567, March 20, 2013)
assistants
2. To preserve evidence and keep the witnesses
2. National and Regional State Prosecutors
within the control of the State.
3. Such other officers as may be authorized by
3. To determine the amount of bail, if the offense
law such as the COMELEC, Ombudsman and
is bailable. (Callo-Claridad vs. Esteban, G.R.
PCGG (Rule 112, Sec. 2).
No. 191567, 2013)
Note: Their authority to conduct preliminary
Note: It must be stressed that a preliminary
investigations shall include all crimes cognizable
investigation is essentially prefatory and
by the proper court in their respective territorial
inquisitorial. It is not a trial based on the merits of
jurisdictions. (As amended by A.M. No. 05-8-26-
the case. (Community Rural Bank of Guimba, Inc.
SC, effective October 3, 2005)
v. Judge Talavera, A.M. No. RTJ-05-1909, 2005)
3. WHO MAY CONDUCT DETERMINATION MTC Judges No Longer Authorized to Conduct

OF EXISTENCE OF PROBABLE CAUSE Preliminary Investigation
By implication, Municipal Trial Court judges in
Instances When Probable Cause Needs To Be Manila and in chartered cities have not been
Established granted the authority to conduct Preliminary
WHO PURPOSE OF Investigation, as the officers authorized to do so
DETERMINES DETERMINATION are the prosecutors
Investigating To determine W/N there is
Officer (Rule sufficient ground to engender a Note: Although courts must respect the executive
112, Secs. 1 & well-founded belief that the determination of probable cause, the trial courts
3) respondent is guilty thereof, and may still independently determine probable cause.
should be held for trial They are not irrevocably bound to the
determination of probable cause by the prosecutor
and the DOJ.
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Election Offenses
The trial court actually has the following options The exclusive jurisdiction of the COMELEC to
upon the filing of a criminal information: (1) investigate and prosecute election offenses
immediately dismiss the case if the evidence on inheres even if the offender is a private individual
record clearly fails to establish probable cause; (2) or public officer or employee, and in the latter
issue a warrant of arrest if it finds probable cause; instance, irrespective of whether the offense is
and (3) order the prosecutor to present additional committed in relation to his official duties or not. In
evidence within five days from notice in case of other words, it is the nature of the offense, namely,
doubt as to the existence of probable cause. an election offense as defined in the Omnibus
Indeed, the RTC is allowed to dismiss the charge Election Code and in other election laws, and not
of estafa against Ang notwithstanding the the personality of the offender that matters.
executive determination of probable cause by the
prosecutor. If we were to construe otherwise, we Regarding Offenses Falling Within the Original
would be contradicting the basic principle that Jurisdiction of the Sandiganbayan
"once an information is filed in RTC, any Prosecutors of offenses falling within the original
disposition of the case rests already in the sound jurisdiction of the Sandiganbayan shall, after their
discretion of the court." (Anlud Metal Recycling conclusion, transmit the records and their
Corporation v. Ang, G.R. No. 182157, 2-15). resolutions to the Ombudsman or his deputy for
appropriate action.
Other Officers Who are Authorized by Law to
Determine Probable Cause Moreover, the prosecutor cannot dismiss the
OFFICER INSTANCES complaint without the prior written authority of the
COMELEC, through Election offenses Ombudsman or his deputy, nor can the prosecutor
its duly authorized punishable under OEC file an information with the Sandiganbayan without
legal officers being deputized by, and without prior written
(Omnibus Election Prior to amendment, all authority of, the Ombudsman or his deputy.
Code, Sec. 265) election offenses
Office of the Investigate and prosecute The Ombudsman is clothed with the authority to
Ombusdman any act or omission of any conduct preliminary investigation and to prosecute
(Ombudsman Act, public officer or all criminal cases involving public officers and
Sec. 15[1]) employee, office or employees, not only those within the jurisdiction of
agency, when such act or the SB, but also those within the jurisdiction of the
omission appears to be regular courts. Section 15 of R.A. No. 6770
illegal, unjust, improper, (Ombudsman Act of 1989) does not make any
or inefficient distinction. “Any illegal act or omission of any
public official” is broad enough to embrace any
Primary jurisdiction over crime committed by a public officer or employee.
cases cognizable by the Such grant of primary jurisdiction over cases
Sandiganbayan, and may cognizable by the SB does not necessarily imply
take over, at any stage, the exclusion from its jurisdiction of cases
from any investigatory involving public officers and employees
agency of the Gov’t, the cognizable by other courts. (Uy v. Sandiganbayan,
investigation of such G.R. Nos. 105965-70, 1999)
cases
PCGG, assisted by Investigate, file, and In criminal prosecutions, a reinvestigation, like an
OSG (EO No. 14, prosecute cases appeal, renders the entire case open for review,
1986 investigated by it, which regardless of whether a motion for reconsideration
generally, are ill-gotten or reinvestigation was sought. The Ombudsman
wealth cases should not be limited in its review. It is clear from
R.A. No. 6770 that the Ombudsman may motu
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propio conduct a reinvestigation. (Roxas v. cause. Since the SC is not a trier of facts, it shall
Vasquez, G.R. No. 114944, 2002) defer to the sound judgment of the Ombudsman.
(Arroyo v. Sandiganbayan, G.R. No. 210488,
The Ombudsman 2020)
The power of the Ombudsman to make
investigation extends to any illegal act or omission The Ombudsman DOES NOT Have the
of any public official, whether or not the same is Following Powers:
committed in relation to his office. 1. To prosecute before the SB any impeachable
officers with any offense which carries with it
Moreover, the jurisdiction of the Office of the the penalty of removal from office, or any
Ombudsman should not be equated with the penalty service of which would amount to
limited authority of the Special Prosecutor under removal from office because by constitutional
Section 11 of RA 6770. Certainly, the lawmakers mandate, they can only be removed from office
did not intend to confine the investigatory and on impeachment for, and conviction of,
prosecutory power of the Ombudsman to these culpable violation of the Constitution, treason,
types of cases. The Ombudsman is mandated by bribery, graft and corruption, other high crimes,
law to act on all complaints against officers and or betrayal of public trust
employees of the government and to enforce their 2. To prosecute public officers or employees who
administrative, civil, and criminal liability in every have committed election offenses.
case where the evidence warrants. The law 3. To file an information for an offense cognizable
likewise allows him to direct the Special by the regular courts.
Prosecutor to prosecute cases outside the
Sandiganbayan's jurisdiction in accordance with Effects of an Incomplete Preliminary
Section 11 (4c) of RA 6770. (Uy v. Investigation
Sandiganbayan, G.R. Nos. 105965-70, 1999) 1. It does not warrant the quashal of the
information
Section 4(d) of Administrative Order No. 07 2. It does not affect the court’s jurisdiction or the
disallows the filing of a motion to quash or dismiss validity of the information.
a complaint filed with the Ombudsman, except on
the ground of lack of jurisdiction. A motion to dismiss is now a prohibited pleading
during preliminary investigation.
Which remedy may an aggrieved party avail of
against resolutions of the Ombudsman in The respondent is now required to submit counter-
criminal or non-administrative cases? affidavits and other supporting documents relied
The law is silent. Hence, appeal is not available as upon by him for his defense.
a remedy because the right to appeal is a statutory
privilege and may be availed of only if there is a The respondent has now the right to examine the
statute to that effect. However, an aggrieved party evidence submitted by the complainant of which
is not without remedy, as he can resort to the he may not have been furnished and to obtain
special civil action of certiorari under Rule 65. copies thereof at his expense.
Absent any showing of grave abuse of discretion, If respondent cannot be subpoenaed, or if

the SC will not interfere and overturn the subpoenaed but does not submit his counter-
Ombudsman’s findings of probable cause in affidavit within 10 days, investigating officer shall
investigating criminal complaints. The executive resolve the complaint based on the evidence
determination of probable cause is a highly factual presented by the complainant.
matter and as the Ombudsman is armed with the
power to investigate, it is in a better position to
assess the strengths or weaknesses of the
evidence on hand to make a finding of probable
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Rights of Respondent in a Preliminary There are two kinds of determinations of probable

Investigation: cause:
1. To examine the evidence submitted by the 1. Preliminary Investigation: Done by the
complainant. Executive Department
2. To submit counter-affidavit. 2. Preliminary Examination: Done by the
3. To be present in the clarificatory hearing (Rule Judicial Department (Mendoza v. People, G.R.
112, Sec. 3). No. 197293, 2014)
Note: The Rules do not require the presence of EXECUTIVE JUDICIAL

the respondent in the Preliminary Investigation. DETERMINATION DETERMINATION
What is required is that he be given the opportunity Made by the proper Made by the judge to
to controvert the evidence of the complainant by officer (prosecutor) ascertain whether a
submitting counter-affidavits. during preliminary warrant of arrest should
A clarificatory hearing is not indispensable during investigation to be issued against the
preliminary investigation. It is optional on the part ascertain whether there accused.
of the investigating officer. If the investigating is enough evidence to
prosecutor is already satisfied that he can support an Information
reasonably determine the existence of probable being filed
cause based on the parties’ evidence thus The investigating The judge must satisfy
presented, he may terminate the proceedings and prosecutor evaluates if himself that based on
resolve the case. What is determined during the facts are sufficient the evidence submitted,
preliminary investigation is only probable cause, to engender a well- there is necessity for
not proof beyond reasonable doubt. (De Ocampo founded belief that a placing the accused
v. Secretary of Justice, G.R. No. 147932, 2006, crime has been under custody in order
Fenix v. CA, G.R. No. 189878, 2016) committed and that the not to frustrate the ends
accused is probably of justice. If the judge
a. Distinguish: Executive and Judicial guilty thereof. finds no probable
Determination of Probable Cause cause, the judge cannot
be forced to issue the
Determination of probable cause is either
arrest warrant.
executive or judicial in nature. The first pertains to
the duty of the public prosecutor during preliminary
Since a preliminary investigation does not finally
investigation for the purpose of filing an
adjudicate the rights and obligations of parties,
information in court. At this juncture, the
"probable cause can be established with hearsay
investigating prosecutor evaluates if the facts are
evidence, as long as there is substantial basis for
sufficient to engender a well-founded belief that a
crediting the hearsay” (Reyes v. Ombudsman,
crime has been committed and that the accused is
G.R. Nos. 212593-94, 2016).
probably guilty thereof. On the other hand, judicial
determination of probable cause refers to the
The executive determination of probable cause is
prerogative of the judge to ascertain if a warrant of
within the exclusive domain of the prosecutor and,
arrest should be issued against the accused. At
absent grave abuse of discretion, this
this stage, the judge makes a preliminary
determination cannot be interfered with by the
examination of the evidence submitted, and on the
courts. (Baya v. Sandiganbayan, G.R. Nos.
strength thereof, and independent from the
204978-83, 2020)
findings of the public prosecutor, determines the
necessity of placing the accused under immediate
custody in order to frustrate the ends of justice.
(People v. Young, GR 213910, 2016)
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4. RESOLUTION OF INVESTIGATION by the Provincial or City Fiscal or by the Chief

PROSECUTOR State Prosecutor on the ground that a prima facie
case exists, the Provincial or City Fiscal or the
After having filed the information, the prosecutor is Chief State Prosecutor may, by himself, and on the
called upon to prosecute the case in court. At this basis of the same sworn statements and evidence
stage, unlike judges who are mandated to display submitted:
cold neutrality in hearing cases, the prosecutors 1. File the information against the respondent; or
are not required to divest themselves of their 2. Direct any other assistant fiscal or state
personal convictions and refrain from exhibiting prosecutor to do so, without conducting
partiality. But while he may strike hard blows, he another preliminary investigation (Rule 112,
is not at liberty to strike foul ones (People v. Sec. 4).
Cawaling, G.R. No. 117970, 1988).
Role of Secretary of Justice
The Prosecutor shall Certify Under Oath in the The Secretary of Justice is not prevented from
Information that: entertaining an appeal from the accused or from
1. He or she, or an authorized officer personally the offended party even after the information has
examined the complainant and his witnesses; been filed and the trial court has arraigned the
2. There is reasonable ground that a crime has accused. Section 4 of DOJ 223 should be
been committed and the accused is probably construed as merely enjoining the Secretary of
guilty thereof; Justice to refrain, as far as practicable, from
3. The accused was informed of the complaint entertaining a petition for review or appeal from the
and of the evidence against him/her; and action of the prosecutor once the complaint or
4. The accused was given an opportunity to information is filed in court.
submit controverting evidence (Rule 112, Sec.
4). If the Secretary reverses the ruling of the
provincial or city prosecutor or chief state
Note: Under Sec. 1 Rule 112, the investigating prosecutor or the Ombudsman or his deputy,
prosecutor is tasked to determine whether there is the Secretary shall:
sufficient ground to engender a well-founded belief 1. Direct the prosecutor to file the corresponding
that a crime has been committed and that the information without conducting another
respondent is herein guilty. If he finds probable preliminary investigation; or
cause, he executes a certification at the bottom of 2. Dismiss or move for the dismissal of the
the information. However, such certification by complaint or information with notice to the
itself is ineffective and not binding to the court. It parties (Rule 112, Sec. 4).
cannot be the sole basis for the finding of probable
cause of the trial judge. (Samuel Lee v. KBC Bank Note: A provincial or city prosecutor has neither
N.V., G.R. No. 164673, 2010). the personality nor the legal authority to review or
overrule the decision of the secretary. The only
5. REVIEW time that a motion for reinvestigation may be filed
is when there is newly discovered evidence. Such
No complaint or information may be filed or
must be filed before the secretary of justice rules
dismissed by an investigating prosecutor without
on an appeal of the resolution in the preliminary
the prior written authority or approval of the
investigation. (Community Rural Bank of Guimba,
provincial or city prosecutor or the Ombudsman or
Inc. v. Talavera, A.M. No. RTJ-05-1909, 2005)
his deputy (Rule 112, Sec. 4).
Note: The Secretary of Justice is empowered to
Action by Provincial / City Fiscal or Chief State
review the actions of the Provincial Fiscal during
Prosecutor
the preliminary investigation or the reinvestigation
Where an assistant fiscal or state prosecutor who
by virtue of Section 4, Rule 112 of the Rules of
has investigated the case recommends the
Court which recognizes the Secretary of Justice's
dismissal of the case but his findings are reversed
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power to review the actions of the investigating when reviewing the investigating prosecutor’s
prosecutor, even motu proprio. (Fortaleza v. resolution. (Callo-Claridad v. Esteban, G.R. No.
Gonzales, G.R. No. 179287, 2016) 191567, 2013)
Note: Under Rule 112, Section 4 of the Rules of Note: The Court declared in Santos-Dio v. CA
Court, the Secretary of Justice may motu proprio (Santos-Dio) that while a judge's determination of
reverse or modify resolutions of the provincial or probable cause is generally confined to the limited
city prosecutor or the chief state prosecutor even purpose of issuing arrest warrants, he is
without a pending petition for review. The nonetheless authorized under Section 5 (a), Rule
Secretary of Justice exercises control and 112 of the Revised Rules of Criminal Procedure to
supervision over prosecutors and it is within her- immediately dismiss the case if the evidence on
authority to affirm, nullify, reverse, or modify the record clearly fails to establish probable cause. A
resolutions of her prosecutors. judge may dismiss the case for lack of probable
cause only in clear-cut cases when the evidence
Section 4 of Republic Act No. 10071 also gives the on record plainly fails to establish probable cause
Secretary of Justice the authority to directly act on - that is when the records readily show
any "probable miscarriage of justice within the uncontroverted, and thus, established facts which
jurisdiction of the prosecution staff, regional unmistakably negate the existence of the elements
prosecution office, and the provincial prosecutor or of the crime charged. (Young v. People, G.R. No.
the city prosecutor." Accordingly, the Secretary of 213910, 2016)
Justice may step in and order a reinvestigation
even without a prior motion or petition from a party Note: Judicial review of the resolution of the
in order to prevent any probable miscarriage of Secretary of Justice is limited to a determination of
justice. (De Lima v. Reyes, G.R. No. 209330, whether there has been a grave abuse of
2016) discretion amounting to lack or excess of
jurisdiction considering that full discretionary
Review by the CA of the Secretary of DOJ’s authority has been delegated to the executive
finding of probable cause under Rule 65. branch in the determination of probable cause
Under the doctrine of separation of powers, the during a preliminary investigation. (People v. Go,
courts have no right to directly decide matters over G.R. No. 210816, 2018)
which full discretionary authority has been
delegated to the Executive Branch of the Appeal to the Office of the President
Government, or to substitute their own judgments Appeals from or petition for review of
for that of the Executive Branch, represented in decisions/orders/resolutions of the Secretary of
this case by the Department of Justice. Justice on preliminary investigations of criminal
cases are entertained by the Office of the
Courts will not interfere with the executive President
determination of probable cause for the
purpose of filing an information, in the Requisites:
absence of grave abuse of discretion. That 1. Offense involved is punishable by reclusion
abuse of discretion must be so patent and gross perpetua to death
as to amount to an evasion of a positive duty or a 2. New and material issues are raised which were
virtual refusal to perform a duty enjoined by law or not previously presented before the
to act at all in contemplation of law, such as where Department of Justice and were not ruled upon
the power is exercised in an arbitrary and despotic 3. Prescription of the offense is not due to lapse
manner by reason of passion or hostility. (Callo- within 6 months from notice of questioned
Claridad v. Esteban, G.R. No. 191567, 2013) resolution
4. Appeal or petition for review is filed within 30
Note: A Rule 43 petition is not allowed since the days from notice (Memorandum Circular No.
Secretary is not acting in a quasi-judicial function 58, June 30, 1993)
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If the judge does not find probable cause, he may

Note: In 2011, the Office of the President issued either dismiss the case or give the prosecutor a
A.O. No. 22, which revised the appeal procedure period of 10 days to file additional evidence. If the
for all offices under the OP. While it did not judge dismisses the case, he must state the basis
expressly repeal M.C. No. 58, it expressly retained of his dismissal (Rule 112, Sec. 9).
the limitation to appeals where the offense
involved is punishable by reclusion perpetua to However, if the evidence on record shows that,
death, but shortened the appeal period to 15 days. more likely than not, the crime charged has been
The other requisites in M.C. No. 58 were not committed and that respondent is probably guilty
mentioned. (Administrative Order No. 22, October of the same, the judge should not dismiss the case
11, 2011) and thereon, order the parties to proceed to trial.
(People vs. Young, GR No. 213910, 2016)
Effects of Exclusion of Other Persons from the
Information The validity and merits of a party’s defense or
1. If during the trial, evidence is shown that such accusation, as well as the admissibility of
persons should have been charged, the fact testimonies and evidence, are better ventilated
that they were not included in the information during trial proper than at the level of determining
does not relieve them of criminal liability, and probable cause. Thus, the judge shall not
they can be subsequently prosecuted. consider the defenses in finding probable
2. The accused that has been charged with the cause (Hasegawa v. Giron, G.R. No. 184536
offense is not allowed to escape punishment August 14, 2013).
merely because it develops in the course of the
trial that there were other guilty participants in The judge will order the arrest if the imposable
the crime. penalty of the offense is more than 4 years, 2
3. It does not vitiate the validity of the information. months and 1 day.
Neither is the same a ground for a motion to
quash (Socrates v. Sandiganbayan, G.R. Nos. For crimes under summary procedure, an
116259-60 February 20, 1996) arraignment has to be set.
Effect if the Information is Filed by Someone What the Constitution underscores is the exclusive
Not Authorized by Law and personal responsibility of the issuing judge to
The court does not acquire jurisdiction. The satisfy himself of the existence of probable cause.
accused’s failure to assert lack of authority on the In satisfying himself of the existence of probable
part of the prosecutor in filing the information does cause for the issuance of a warrant of arrest, the
not constitute a waiver thereof. (People v. Garfin, judge is not required to personally examine the
G.R. No. 153176, 2004. Quisay v. People G.R. No. complainant and his witnesses. Following
216920, 2016). established doctrine and procedure, he shall:
1. Personally evaluate the report and the
6. WHEN WARRANT OF ARREST MAY supporting documents submitted by the fiscal
ISSUE regarding the existence of probable cause and,
on the basis thereof, issue a warrant of arrest;
If the judge, upon the filing of the complaint or or
information with the court, finds probable cause, 2. If on the basis thereof he finds no probable
he/she shall issue a warrant of arrest or a cause, he may disregard the fiscal’s report and
commitment order (if the accused had already require the submission of supporting affidavits
been arrested) and hold him/her for trial. If the of witnesses to aid him in arriving at a
judge is satisfied that there is no necessity for conclusion as to the existence of probable
placing the accused under custody, he/she may cause.
issue summons instead of warrant of arrest.
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Sound policy dictates this procedure, otherwise

judges would be unduly laden with the preliminary “Once a complaint or information is filed in Court
examination and investigation of criminal any disposition of the case, [either] dismissal or
complaints instead of concentrating on hearing the conviction or acquittal of the accused, rests in
and deciding cases filed before their courts. the sound discretion of the Court. Although the
(Soliven v. Makasiar, G.R. Nos. L-82585, L-82827, fiscal retains the direction and control of the
and L-83979, 1988) prosecution of criminal cases even while the case
is already in Court he cannot impose his opinion
A warrant issued by the judge solely on the basis on the trial court. The Court is the best and sole
of the report and recommendation of the judge on what to do with the case before it. The
investigating prosecutor, without personally determination of the case is within its exclusive
determining the existence of probable cause by jurisdiction and competence. (Crespo v. Mogul,
independently examining sufficient evidence G.R. No. L-53373, 1987)
submitted by the parties during the Preliminary
Investigation is not valid. Reinvestigation
Once the complaint or information is filed in court,
Effect of a Finding of Probable Cause any motion for reinvestigation is addressed to the
It merely binds the suspect to stand trial. It is not sound discretion of the court (Leviste v. Alameda,
a pronouncement of guilt (Vilarosa v. OMB, G.R. G.R. No. 182677, August 3, 2010).
No. 221418, January 23, 2019).
While the trial court judge has the power to order
Remedies of the Accused Who Believes that the reinvestigation of the case by the prosecutor,
there is No Probable Cause to Hold Him for he may not, before the prosecutor concluded the
Trial: reinvestigation, recall said order, set the case for
Motion to dismiss on such ground. The mere fact arraignment and trial, without gravely abusing his
that a warrant of arrest has been issued means discretion.
that there is already probable cause.
Basis for Reinvestigation
Note: Section 6(b) of Rule 112 also states that the 1. New evidence had been discovered which
investigating judge could issue a warrant of arrest materially affects the order, directive or
during the preliminary investigation even without decision;
awaiting its conclusion should he find after an 2. Grave errors of facts or laws or serious
examination in writing and under oath of the irregularities have been committed prejudicial
complainant and the witnesses in the form of to the interest of the movant.
searching questions and answers that a probable
cause existed, and that there was a necessity of NOTE: The rule now is that the investigating
placing the respondent under immediate custody judge’s power to order the arrest of the accused is
in order not to frustrate the ends of justice. limited to instances in which there is a necessity
(Mangila v. Pangilinan, G.R. No. 160739, 2013) for placing him in custody in order not to frustrate
the ends of justice. Thus, even if the judge finds
Where an information has already been filed in probable cause, he cannot, on such ground alone,
court and the Secretary of Justice reversed the issue a warrant of arrest. He must further find if
prosecutor’s finding of probable cause, what there is a necessity of placing the accused under
should the trial court do upon the prosecutor’s immediate custody in order not to frustrate the
motion to dismiss? ends of justice. (See A.M. No. 05-8-26-SC)
The judge should make his/her own assessment The investigating judge has no power to reduce or
of the evidence and not just rely on the conclusion change the crime charged in order to justify the
of the prosecutor; otherwise the court becomes a grant of bail to the accused. The power belongs
mere rubber stamp. to the prosecutor.
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the judge’s sound judgment. (Sesbreo v. Aglugub,

After the conclusion of his PI, the judge has to A.M. No. MTJ-05-1581, 2005)
transmit to the provincial prosecutor his resolution
and entire records of the case, regardless of For cases under the Revised Rules on Summary
whether he finds a probable cause or sufficient Procedure, upon finding of probable cause, the
ground to issue a warrant of arrest. judge will order the arraignment of the accused.
When Warrant of Arrest Not Necessary 8. REMEDIES OF ACCUSED IF THERE WAS

1. When the accused is already under detention NO PRELIMINARY INVESTIGATION
2. When the accused is lawfully arrested without
a warrant Remedies of the Accused:
3. When the offense is penalized by a fine only 1. Before a complaint or information is filed, he
(Rule 112, Sec. 5 (c)) may ask for a preliminary investigation but he
must sign a waiver of the provision of Art. 125
When accused is lawfully arrested without of the RPC in the presence of his counsel; if it
warrant is refused, he may file a petition for certiorari
General Rule: No complaint or information shall 2. After the filing of the complaint or information in
be filed for an offense which is penalized by court without a preliminary investigation, the
imprisonment of at least 4 years, 2 months and 1 accused may, within 5 days from the time he
day without Preliminary Investigation. learns of its filing, ask for a Preliminary
Exception: In case a person is ARRESTED Investigation (Sec. 6 Rule 112);
WITHOUT A WARRANT, a complaint or 3. Refuse to enter a plea upon arraignment and
information may only be filed after an inquest is object to further proceedings upon such
conducted in accordance with existing rules (Rule ground;
112, Sec. 7). 4. Raise lack of preliminary investigation as error
on appeal (US v. Banzuela, 1915);
7. CASES NOT REQUIRING A 5. File for prohibition (Conde v. CFI, 1923).
PRELIMINARY INVESTIGATION
Note: The absence of a preliminary investigation
Cases where the penalty imposed is less than 4 does not impair the validity of the information or
years 2 months and 1 day. otherwise render it defective. Neither does it affect
the jurisdiction of the court or constitute a ground
Upon the finding of probable cause, a warrant of for quashing the information. The trial court,
arrest must be issued and arraignment has to be instead of dismissing the information, should hold
set. (Rule 112, Section 6). in abeyance the proceedings and order the public
prosecutor to conduct a preliminary investigation.
Procedure to Be Followed if (Villaflor v. Viva, G.R. No. 134744, 2001)
Complaint/Information filed with MTC/MCTC:
1. Evaluate the evidence presented; 9. INQUEST
2. Examine the witnesses in the form of searching
questions or answers; and Definition
3. Require the submission of additional evidence Inquest is an informal and summary investigation
if necessary (Rule 112, Section 6). conducted by a public prosecutor in criminal cases
involving persons arrested and detained without
If a complaint or information is filed directly with the the benefit of a warrant of arrest issued by the
Municipal Trial Court, [xxx] the judge is given the court for the purpose of determining whether or not
discretion to merely issue summons instead of a said persons should remain under custody and
warrant of arrest if he does not find it necessary to correspondingly charged in court. (DOJ
place the accused under custody. [xxx] Whether it Department Circular No. 61, 1993)
is necessary to place the accused in custody in
order not to frustrate the ends of justice is left to Conducted by Inquest Prosecutor
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The inquest is conducted by a public prosecutor preliminary investigation by a proper officer, but he
who is assigned inquest duties as an Inquest must sign a waiver of the provisions of Article 125
Officer and is to discharge his duties, unless of the RPC.
otherwise directed, only at the police 1. If the accused allows himself to be arraigned
stations/headquarters of the PNP in order to without asking for a preliminary investigation,
expedite and facilitate the disposition of inquest he is deemed to have waived the right to such
cases. (Sec. 2, Part II, Manual for Prosecutors). PI.
General Rule: Detained person should be present 2. If the complaint or information was filed without
during inquest proceedings. PI, the accused may, within 5 days from the
Exception: When reasons exist that would time he learns of the filing of the information,
dispense with his presence like confinement in a ask for a preliminary investigation with the
hospital, detention in a place requiring maximum same right to adduce evidence in his favor in
security or his presence is not feasibly by reason the manner prescribed in this Rule. (5–day
of age, health or similar factors (Sec. 6, Part II, period is MANDATORY; failure to file within the
Manual for Prosecutors). said period amounts to a waiver)
3. Where the information was amended without a
Duty of Inquest Officer new PI having been conducted, the 5-day
1. To determine if the arrest of the detained period is computed from the time the accused
person is valid; learns of the filing of said amended information
2. If found valid he shall: (Rule 112, Sec. 7).
a. Ask the detainee if he desires to avail of
himself preliminary investigation The inquest must pertain to the offense for
b. If he does, he shall be made to execute a which the arrest was made. This rule is
waiver of the provision of Art. 125 of the exemplified by Beltran v. People (G.R. No.
RPC. 175013, 2007). “The joint affidavit of Beltran’s
3. If the arrest was not made in accordance with arresting officers states that the officers arrested
the law and/or the Rules, he shall: Beltran, without a warrant, for Inciting to Sedition,
a. Recommend the release of the person and not for Rebellion. Thus, the inquest prosecutor
arrested or detained could only had conducted as he did conduct an
b. Note down the disposition on the referral inquest for Inciting to Sedition and no other.
document; Consequently, when another group of prosecutors
c. Prepare a brief memorandum indicating the subjected Beltran to a second inquest proceeding
reasons for the action taken for Rebellion, they overstepped their authority
d. Forward the same, together with the record rendering the second inquest void.”
of the case to the City or Provincial
Prosecutor for appropriate action (Sec. 9 OTHER MATTERS
DOJ Circular No. 61). Where a Motion for Reinvestigation is Granted
Where the trial court has granted a motion for
Filing of Complaint or Information in case of reinvestigation, it must hold in abeyance the
absence or unavailability of Inquest arraignment and trial of the accused until the
Prosecutor prosecutor shall have conducted and made a
The complaint may be filed by the offended party report on the result of the reinvestigation (People
or a peace officer directly with the proper court on v. Beriales, G.R. No. L-39962. April 7, 1976).
the basis of the affidavit of the offended party or
arresting officer or person. Right to Bail Pending Preliminary Investigation
A person lawfully arrested may post bail before the
Accused may ask for a preliminary filing of the information or even after the filing
investigation; conditions to do so without waiving his right to PI, provided that he
Before the filing of a complaint or information, the asks for a PI by the proper officer within the period
person arrested without a warrant may ask for a fixed by the rules (Rule 112, Sec. 7).
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Congress is in session (People v. Jalosjos,

Records G.R. No. 132875-76, 2000); and
An information or complaint filed in court shall be 2. Congress is NOT in session when the crime
supported by the affidavits and counter-affidavits was committed (Phil. Const. art. VI, Sec. 11)
of the parties and their witnesses, together with the
other supporting evidence and the resolution on How an Arrest is Made
the case. 1. By actual restraint of the person to be arrested;
or
Records of the preliminary investigation shall NOT 2. By his/her submission to the custody of the
automatically form part of the records of the case. person making the arrest. (Rule 113, Sec. 2)
Courts are not compelled to take judicial notice
thereof. It must be introduced as evidence. (De A policeman in the performance of duty is justified
Lima v. Reyes, G.R. No. 209330, January 11, in using such force as is reasonably necessary to
2016) secure and detain the offender, overcome his
resistance, prevent his escape, recapture him if he
Conditions for the Issuance of Warrant of escapes, and protect himself from bodily harm. In
Arrest: case injury or death results from the policeman’s
1. Must EXAMINE in writing and under oath the exercise of such force, the policeman could be
complainant and his witnesses by searching justified in inflicting the injury or causing the death
questions and answers (must be of the offender if the policeman had used
searching/probing; not merely questions necessary force.
answerable by “yes” or “no”).
2. Be satisfied that a PROBABLE CAUSE exists. Since a policeman’s duty requires him to
3. That there is a need to place respondent under overcome the offender, the force exerted by the
IMMEDIATE CUSTODY in order not to policeman may therefore differ from that which
frustrate the ends of justice (Rule 112, Sec. 6). ordinarily may be offered in self-defense.
However, a policeman is never justified in using
unnecessary force or in treating the offender with
wanton violence, or in resorting to dangerous
E. ARREST means when the arrest could be affected
otherwise. (Cabanlig v. Sandiganbayan, G.R. No.
1. ARREST, HOW MADE
148431, 2005)
Arrest
NOTE: After an arrest, the accused undergoes
It is the taking of a person into custody in order that
custodial investigation. However, custodial
he may be bound to answer for the commission of
an offense. (Rule 113, Sec. 1) investigation may also happen even if the accused
was not arrested. A custodial investigation
Diplomatic and parliamentary immunity includes the practice of issuing an "invitation" to a
It is a well-recognized principle of international law person who is investigated in connection with an
offense he is suspected to have committed,
that diplomatic representatives are exempt from
without prejudice to the liability of the "inviting"
the criminal and civil jurisdiction of foreign courts.
officer for any violation of law (Sec. 2(f), R.A.
7438). This means that even those who voluntarily
This exemption includes the freedom from arrest,
surrendered before a police officer must be
prosecution, and punishment for violation of penal
apprised of their Miranda rights. The invocation of
laws.
these rights applies during custodial investigation,
which begins "when the police investigation is no
For senators and congressmen, the privilege of
longer a general inquiry into an unsolved crime but
parliamentary immunity will NOT APPLY when:
has begun to focus on a particular suspect taken
1. The offense committed by them is punishable
into custody by the police who starts the
by imprisonment of more than six years even if
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interrogation and propounds questions to the In issuing this kind of warrant, the judge does
person to elicit incriminating statements" (People not personally examine the complainant and
v. Chavez, G.R. No. 207950, 2014). the witnesses he may produce, but he merely
evaluates personally the report and supporting
Modes of Arrest: documents and other evidence adduced during
1. Arrest by virtue of a warrant; and the preliminary investigation and submitted to
2. Arrest without a warrant under exceptional him by the prosecutor, and if he finds probable
circumstances as may be provided by statute. cause on the basis thereof, he issues the
warrant for the arrest of the accused.
Duty of Arresting Officer
1. Arrest the accused; and 2. Upon application of a peace officer
2. Deliver him to the nearest police station or jail In this kind of warrant, the judge must
without unnecessary delay (Rule 113, Sec. 3). personally examine the applicant and the
witnesses he may produce, to find out whether
Execution of Warrant there exists probable cause, otherwise, the
A warrant of arrest has no expiry date. It remains warrant issued is null and void. He must
valid until arrest is effected or the warrant is lifted. subject the complainant and the witnesses to
searching questions. The reason for this is
However, head of the office shall cause the there is yet no evidence on record upon which
warrant to be executed within 10 days from receipt he may determine the existence of probable
thereof. Within 10 days after expiration of the cause.
period, the arresting officer assigned to execute
the same shall submit a report to the judge who 2. ARREST WITHOUT WARRANT, WHEN
issued the warrant. In case of his failure to execute LAWFUL
the warrant, he shall state the reasons thereof
(Rule 113, Sec. 4). Lawful Warrantless Arrest
1. When IN HIS/HER PRESENCE, the person to
Unlike a search warrant, the validity of which is be arrested has committed, is actually
limited to ten days, after which it becomes void committing or is attempting to commit an
(Rule 126, Section 9), no time limit is fixed for the offense (IN FLAGRANTE DELICTO
validity of a warrant of arrest. The arrest warrant ARRESTS).
continues to be in force so long as it has not been
recalled or the person named therein arrested or Note: For a warrantless arrest of a person
had otherwise submitted himself to the jurisdiction caught in flagrante delicto to be valid, two
of the court. This must be so, for the return requisites must concur: 1) the person arrested
mentioned in the section refers not to the physical must execute an overt act indicating that he has
delivery of the very same copy of the process to just committed, is actually committing, or is
the issuing court, but to the report of the officer attempting to commit a crime; and 2) such overt
charged with its execution on the action taken by act is done in the presence or within the view of
him thereon. the arresting officer. Thus, flight per se must not
always be attributed to one’s consciousness of
In short, the 10-day period provided in Rule 113, guilt (People v. Edaño, G.R. No. 188133,
Section 4 is only a directive to the officer executing 2014).
the warrant to make a return to the court. (People
vs. Givera, G.R. No. 132159, 2001) Note: A valid warrantless arrest gives the
officers the right to search the area for objects
The Judge Issues a Warrant of Arrest in Two relating to the crime and seize them only if they
Instances: are in plain view. In the course of their lawful
1. Upon the filing of the information by the intrusion, if items plainly visible were
prosecutor. discovered, the police officers would be
justified in seizing them. A valid warrantless
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arrest means that the search and seizure that the arresting officer may even rely on
resulted from it are likewise lawful. The objects information supplied by a witness or a victim of
obtained from such lawful search and seizures the crime (Pestilos v. Generoso, G.R. No.
are admissible in evidence. (Saraum v. People, 182601, 2014).
G.R. No. 205472, 2016)
Note: The standards for evaluating the factual
2. When an offense has just been committed and basis supporting a probable cause assessment
he has probable cause to believe based on are not less stringent in warrantless arrest
PERSONAL KNOWLEDGE of fact and situation than in a case where a warrant is
circumstance that the person to be arrested sought from a judicial officer. The probable
has committed it. (DOCTRINE OF HOT cause determination of a warrantless arrest is
PURSUIT). based on information that the arresting officer
possesses at the time of the arrest and not on
This doctrine is different from in flagrante the information acquired later. (Pestilos v.
delicto in the sense that this does not require Generoso, G.R. No. 182601, 2014).
the arresting officer or person to personally
witness the commission of the offense. What is Rule 113, Section 5(b) of the Rules of Court
important is the immediacy of the arrest pertains to a hot pursuit arrest. The rule
reckoned from the commission of the crime. requires that an offense has just been
However, it is not enough that the arresting committed. It connotes “immediacy in point of
officer had reasonable ground to believe that time.” That a crime was in fact committed does
the accused had just committed a crime; a not automatically bring the case under this rule.
crime must, in fact, have been committed first An arrest under Rule 113, Section 5(b) of the
and that the arresting officer knows for a fact Rules of Court entails a time element from the
that it has been committed (Comerciante v. moment the crime is committed up to the point
People, G.R. No. 205926, 2015). of arrest. (Sapi v. People, G.R. No. 200370,
2017)
Test of Immediacy
There must be a large measure of immediacy 3. When the person to be arrested is a prisoner
between the time the offense was committed who has escaped from a penal establishment
and the time of the arrest (Rolito Go v. CA, G.R. or place where he is serving final judgment or
No. 125299, 1999) temporarily confined while his case is pending
or has escaped while being transferred from
A warrantless arrest was invalidated because it one confinement to another.
was made three days after the commission of
the crime (Posadas v. Ombudsman, G.R. No. 4. When a person who has been lawfully arrested
131492, 2000). The requirement of escapes or is rescued (Rule 113, Sec. 13).
“immediacy” between the time of the
commission of the crime and the time of arrest 5. By the bondsman for the purpose of
is absent (see People v. Del Rosario, G.R. No. surrendering the accused (Rule 113, Sec. 23).
127755, 1999)
6. Where the accused released on bail attempts
Personal Knowledge to leave the country without permission of the
The person making the arrest has personal court (Rule 114, Sec. 23).
knowledge of the fact that a crime was
committed because at the time of his arrest, he Law enforcers may search an arrested person for
has reasonably worthy information in his dangerous weapons or anything that may be used
possession coupled with his own observation as proof of the commission of an offense, without
and fair inferences therefrom that the person need of a search warrant. Section 5(b) authorizes
arrested has probably committed the offense; warrantless arrest “when an offense has in fact just
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been committed.” The word “just” implies warrant shall be shown to him as soon as
immediacy in point of time. practicable. (Mallari v. CA, G.R. No. 110569,
1996).
Delivery of the detained person to the proper
judicial authorities means the filing of the b. By Officer Without Warrant
complaint or information with the municipal trial
court or with the inquest fiscal or prosecutor who Inform the person to be arrested of:
shall then decide either to order the release of the 1. His authority and
detained person or to file the corresponding 2. The cause of the arrest (Rule 113, Sec. 8).
information in court.
Exception/s:
An accused who enters his plea of NOT guilty and 1. When the person is engaged in the commission
participates in the trial waives the illegality of the of an offense; or
arrest. Objection to the illegality must be raised 2. Pursued immediately after its commission; or
before arraignment, otherwise it is deemed 3. Has escaped, flees; or
waived, as the accused had voluntarily submitted 4. Forcibly resists before the officer has
himself/herself to the jurisdiction of the court. opportunity to so inform him; or
5. When giving of such information will imperil the
arrest (Rule 113, Sec. 8).
The usual procedure in a buy-bust operation is for
the police officers to arrest the pusher of drugs at
the very moment he hands over the dangerous Note: With port security personnel's functions
drugs to the poseur-buyer. In a case where the having the color of state-related functions and
poseur-buyer calls up his superior after receiving deemed agents of government, the Bill of Rights
the money, and only thereafter gives a go-signal applies in this case.
to arrest the suspect, the operation is an illegal raid
rather than a buy-bust operation. (People v. Lim, Searches pursuant to port security measures are
G.R. No. 141699, 2002) not unreasonable per se. The security measures
of x-ray scanning and inspection in domestic ports
Time of Making Arrest are akin to routine security procedures in airports.
It may be made on any day and at any time of the Reason: there is a reasonable reduced
day or night. expectation of privacy when coming into airports
or ports of travel.
3. METHOD OF ARREST
Travelers are often notified through airport public
a. By Officer With Warrant address systems, signs and notices in their airline
tickets that they are subject to search and, if any
Inform the person to be arrested of the: prohibited materials or substances are found, such
1. Cause of the arrest and would be subject to seizure. These
2. The fact that a warrant has been issued for his announcements place passengers on notice that
arrest (Rule 113, Sec. 7). ordinary constitutional protections against
warrantless searches and seizures do not apply to
Exception/s: routine airport procedures.
1. When a person flees; or
2. When a person forcibly resists before the It is also important to note that routine baggage
officer has opportunity to so inform him; or inspections are different from a customs search.
3. When the giving of such information will imperil Although customs searches usually occur within
his arrest (Rule 113, Sec. 7). ports or terminals, it is important that the search
must be for the enforcement of customs laws.
The officer need not have the warrant in his (Dela Cruz v. People, G.R. No. 209387, 2016)
possession at the time of the arrest but after the
arrest, if the person arrested so requires, the
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c. By Private Person Right of an Attorney or Relative to Visit the

Person Arrested
Inform the person to be arrested of: The attorney of the person arrested has the right
1. Intention to arrest him and to visit and confer privately with such person in jail
2. The cause of the arrest (Rule 113, Sec. 9). or any place of custody at any hour of the day or
Exception/s: night (Rule 113, Sec. 14).
1. The person to be arrested is engaged in the
commission of an offense; 4. REQUISITES OF A VALID WARRANT OF
2. Pursued immediately after its commission; ARREST
3. Has escaped, flees;
4. Forcibly resists before the officer has Essential Requisites of a Valid Warrant of
opportunity to so inform him; or Arrest:
5. When giving of such information will imperil the 1. The arrest warrant must be issued upon
arrest (Rule 113, Sec. 9). PROBABLE CAUSE.
2. Probable cause must be DETERMINED
Officer May Summon Assistance PERSONALLY by a judge.
Arresting officer may orally summon as many 3. There must be an examination UNDER OATH
persons as he deems necessary to assist him in OR AFFIRMATION of the complainant and the
effecting the arrest (Rule 113, Sec. 10). witnesses he may produce.
4. The warrant must PARTICULARLY
Note: This rule does not cover a private individual DESCRIBE the person to be seized. (Phil.
making an arrest. Const. art. III, Sec. 2)
Right of Officer to Break Into Building or 5. DETERMINATION OF PROBABLE CAUSE

Enclosure; Requisites: FOR ISSUANCE OF WARRANT OF ARREST
1. That the person to be arrested is or is
(See discussion under Preliminary Investigation)
reasonably believed to be in the said building;
2. That the officer has announced his/her
Pendency of a motion for reconsideration, motion
authority and purpose for entering therein;
for reinvestigation, or petition for review is not a
3. That the officer has requested and been denied
cause for the quashal of a warrant of arrest
admittance (Rule 113, Sec. 11).
previously issued because the quashal of a
warrant of arrest may only take place upon the
Note: Rule is applicable both where there is a
finding that no probable cause exists. (Aguinaldo
warrant and where there is a valid arrest without a
vs Ventus, GR No.176033, 2015)
warrant.
The probable cause determination of a
Note: This rule also does not cover a private
warrantless arrest is based on information that the
individual making an arrest.
arresting officer possesses at the time of the arrest
and not on the information acquired later. (People
Right to Break Out of the Building or Enclosure
vs Pestilos, GR No. 182601, 2014)
to Effect Release
An officer making an arrest who has entered a
Note: Section 6 of Rule 112 specifically provides
building or enclosure may break out therefrom
that before a warrant of arrest or a commitment
when necessary to liberate himself/herself (Rule
order may be issued by the judge, there must first
113, Sec. 12).
be a judicial determination of probable cause by
the judge himself. In one case, it was held that a
Arrest after Escape or Rescue
motion for judicial declaration of probable cause is
If a person arrested escapes or is rescued, any
moot and academic when a warrant of arrest is
person may immediately pursue or retake him
subsequently issued. (Hao v. People, G.R. No.
without a warrant at any time and in any place
183345, 2014)
within the Philippines (Rule 113, Sec. 13).
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Probable Cause for Search Warrant of Arrest v. 2. To enable him to prepare his defense without
Search Warrant being subject to punishment prior to conviction.
WARRANT OF SEARCH WARRANT Note: In order to be able to avail of bail, there must
ARREST be either: a) custody over the person or b)
Determination of Determination of voluntary surrender (Paderanga v. CA, G.R. No.
whether there is a whether a crime was 115407 August 28, 1995)
necessity of placing committed and that
the accused under items connected to the Forms of Bail
immediate custody in crime are likely to be 1. Corporate surety;
order not to frustrate found in the place 2. Property bond;
the ends of justice specified by the 3. Cash deposit; and
warrant. 4. Recognizance (Rule 114, Sec. 1).
Note: Failure to raise an objection to the Bail Bond vs. Recognizance

irregularity of his arrest before his arraignment and BAIL BOND RECOGNIZANCE
active participation in the trial of the case results to An obligation given by An obligation of record,
the petitioner’s submission to the jurisdiction of the the accused with one or entered into before
court, thereby curing any defect in his arrest. An more sureties and some court or
accused is estopped from assailing any irregularity made payable to the magistrate duly
of his arrest if he fails to raise this issue or to move proper officer with the authorized to take it,
for the quashal of the information against him on condition to be void with the condition to do
this ground before arraignment. Any objection upon performance by some particular act
involving a warrant of arrest or the procedure by the accused of such
which the court acquired jurisdiction over the acts as he may legally
person of the accused must be made before he be required to perform.
enters his plea; otherwise, the objection is deemed
waived. (People v. Lugnasin, G.R. No. 208404, Note: A person is “in the custody of law” when he
2016). has been arrested or otherwise deprived of his
freedom or when he has voluntarily submitted
himself to the jurisdiction of the court by
surrendering to the proper authorities.
F. BAIL
As bail is intended to obtain or secure one’s
1. NATURE provisional liberty, the same cannot be posted
Bail before the court has acquired custody over him.
It is the security given for the release of a person
Upon assumption of the obligation of bail, the
in custody of the law, furnished by him or a
sureties become in law the jailers of their principal.
bondsman, to guarantee his appearance before
(People v. Gako, G.R. No. 135045, December 15,
any court as required under the conditions
2000)
hereinafter specified. (Rule 114, Section 1)
When Prosecution Witness May also be
Note: The term “punishable” under Sections 4 and
7 of Rule 114 refers to the prescribed and not Required to Post Bail
imposable penalty. (People v. Valdez and When the Court is satisfied upon proof under oath
that a material witness will not testify when
Sandiganbayan, G.R. Nos. 216007-09, 2015)
required. (Rule 119, Sec. 14)
Purpose of Bail
1. To honor the presumption of innocence until his
guilt is proven beyond reasonable doubt;
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Requiring Arraignment Before Grant of Bail Is rationale is that imposing bail in an excessive
Not Valid amount could render meaningless the right to bail.
Bail does not require arraignment. As long as The court has wide latitude in fixing the amount of
there is deprivation of liberty or voluntary bail. Thus, the amount should be high enough to
surrender, one can apply for bail. (Serapio v. assure the presence of the accused when required
Sandiganbayan, G.R. No. 148468, 2003) but no higher than is reasonably calculated to fulfill
this purpose. Bail is not intended as a punishment,
The trial court could ensure the presence of the nor as a satisfaction of civil liability which would
accused at the arraignment precisely by granting necessarily await the judgment of the appellate
bail and ordering his presence at any stage of the court. (Yap v. CA and the People, G.R. No.
proceedings such as arraignment. (Rule 114, 141529, 2001)
Section 2[b])
No release or transfer except on court order or
The accused will be placed in a position where he bail
has to choose between 1) filing a motion to quash No person under detention by legal process shall
and thus delay his release on bail and; 2) be released or transferred except upon order of
foregoing the filing of a motion to quash so that he the court or when he is admitted to bail. (Rule 114,
can be arraigned at once and thereafter be Sec. 3)
released on bail. These scenarios certainly
undermine the accused’s constitutional right not to Application for Bail does not necessarily mean
be put on trial except upon valid complaint or submission to the jurisdiction of the court
information sufficient to charge him with a crime Bail cannot be posted before custody of the
and his right to bail. (Lavides v. Court of Appeals, accused has been acquired by the judicial
G.R. No. 129670, 2000) authorities either by his arrest or voluntary
surrender.
All Kinds of Bail are Subject to the Following
Conditions: Being in the custody of the law signifies restraint
1. Unless the court directs otherwise, the bail on the person, who is thereby deprived of his own
bond posted by an accused remains in force at will and liberty, binding him to become obedient to
all stages of the case until promulgation of the the will of the law.
judgment of the Regional Trial Court.
2. The accused shall appear before the proper The outright dismissal of the case even before the
court whenever required by the court or rules. court acquires jurisdiction over the person of the
3. Failure of the accused to appear at the trial accused is authorized under § 6(a) Rule 112 of the
without justification despite due notice shall be Revised Rules of Criminal Procedure and the
deemed a waiver of his right to be present Revised Rules on Summary Procedure (§ 12a).
thereat. The trial may proceed in absentia. (Miranda v. Tuliao, G.R. No. 158763, 2006)
4. The bondsman shall surrender the accused to
court for execution of the final judgment. Period to Decide Petition For Bail (A.M. No. 15-
06-10-SC, Revised Guidelines for Continuous
Note: If the accused presents his notice of appeal, Trial in Criminal Cases)
the trial court will order the accused to be taken 1. A petition for bail filed after the filing of the
into custody in the absence of a new bail bond on information shall be set for summary hearing
appeal duly approved by the court. If the accused after arraignment and pre-trial. Testimony of a
does not appeal, the bondsman must produce the witness in petition for bail may be in the form
accused on the 15th day from promulgation of allowed by subheading III, item no. 11, par. b
sentence for service of sentence. (Form of Testimony) of the Revised Guidelines,
provided that the demeanor of the witness is
The prohibition against requiring excessive bail is not essential in determining his/her credibility.
enshrined in the Constitution. The obvious
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2. Petition for bail shall be heard and resolved decide which circumstances and factors are
within a non-extendible period of 30 calendar present which would show evident guilt or
days from date of the first hearing, except in presumption of guilt. (People v. Cabral, G.R. No.
drug cases which shall be heard and resolved 131909, February 18, 1999)
within 20 calendar days, without need of oral
argument and submission of memoranda, The hearing determining the grant of bail as a
consistent with the summary nature of the matter of discretion is indispensable. Said hearing
proceedings. may be either summary or otherwise, in the
3. Motion for reconsideration on the resolution of discretion of the court.
petition for bail shall be resolved within a non-
extendible period of 10 calendar days from Right to Bail May Be Waived
date of submission of the motion. The right to bail is personal in nature and is
therefore, waivable. (Paderanga v. CA, G.R. No.
2. WHEN A MATTER OF RIGHT; 115407, 1995)
EXCEPTIONS
Bail in Court-Martial Offenses
When Bail is a Matter of Right The right to bail of an accused military personnel
1. Before or after conviction by the MTC; and triable by courts-martial does not exist, as an
2. Before conviction by RTC for all offenses exception to the general rule that an accused is
punishable by lower than death, reclusion entitled to bail (except in a capital offense where
perpetua, or life imprisonment (Rule 114, Sec. the evidence of guilt is strong).
4)
Rationale
Note: Prosecution does not have the right to The unique structure of the military justifies
oppose or to present evidence for its denial. exempting military men from the constitutional
coverage on the right to bail.
When Bail is a Matter of Discretion:
1. Before conviction, in offenses punishable by The right to bail is not available to military
death, reclusion perpetua or life imprisonment personnel or officer charged with a violation of the
2. After conviction by the RTC of a non-capital Articles of War. (Aswat v. Galido, G.R. No. G.R.
offense (Rule 114, Sec. 5). No. 88555, 1991)
Note: Prosecution is entitled to present evidence Bail in Deportation Proceedings

for its denial. Aliens in deportation proceedings have no
inherent right to bail. An order of deportation is not
In hearing the petition for bail, the prosecution has a punishment for a crime, the right to bail
the burden of showing that the evidence of guilt is guaranteed by the Constitution may not be
strong pursuant to § 8 Rule 114. In bail invoked by an alien in said proceedings.
proceedings, the prosecution must be given ample
opportunity to show that the evidence of guilt is The Commissioner of Immigration the power and
strong. While the proceeding is conducted as a discretion to grant bail in deportation proceedings.
regular trial, it must be limited to the determination The grant of bail is merely permissive and not
of the bailability of the accused. It should be brief mandatory or obligatory on the part of the
and speedy, lest the purpose for which it is Commissioner. The exercise of the power is wholly
available is rendered nugatory. (People v. Singh, discretionary (Ong See Hang v. Commissioner of
et. al., G.R. No. 129782, 2001) Immigration, Np. L-9700, 1962).
The test is not whether the evidence establishes Bail in Extradition Proceedings
guilt beyond reasonable doubt but rather whether If bail can be granted in deportation cases, we see
it shows evident guilt or a great presumption of no justification why it should not also be allowed in
guilt. As such, the court is ministerially bound to
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extradition cases. Considering that the Universal of the bail bond before the accused has perfected
Declaration of Human Rights applies to his appeal, appeal being perfected upon filing of a
deportation cases, there is no reason why it cannot written notice of appeal and furnishing the adverse
be invoked in extradition cases. After all, both are party copy thereof.
administrative proceedings where the innocence
or guilt of the person detained is not in issue. Even if there is no notice of appeal, if the decision
of the TC convicting the accused changed the
The right of a prospective extraditee to apply for nature of the offense from non-bailable to bailable,
bail in this jurisdiction must be viewed in the light the application for bail can only be filed with and
of the various treaty obligations of the Philippines resolved by the appellate court.
concerning respect for the promotion and
protection of human rights. Under these treaties, After appeal is perfected, the trial court loses
the presumption lies in favor of human liberty. jurisdiction to grant bail and to approve bail bond.
Thus, the Philippines should see to it that the right However, the accused may apply for bail or
to liberty of every individual is not impaired provisional liberty with the appellate court.
(Government of Hong Kong v. Olalia, G.R. No.
153675, 2007). If the penalty imposed by the trial court is
imprisonment exceeding 6 years, the accused
Notice of hearing required shall be denied bail or his bail be cancelled
Whether bail is a matter of right or of discretion, upon a showing by the prosecution of the
reasonable notice of hearing is required to be following:
given to the prosecutor or fiscal or at least he must 1. Accused is a recidivist, quasi-recidivist or
be asked for his recommendation because in fixing habitual delinquent or has committed the crime
the amount of bail, the judge is required to take aggravated by the circumstance of reiteration;
into account a number of factors such as the 2. That he has previously escaped from legal
applicant’s character and reputation, forfeiture of confinement, evaded sentence or violated the
other bonds or whether he is a fugitive from justice. condition of his bail without valid justification
3. That he committed the offense while under
In any event, whether bail is a matter of right or probation, parole or conditional pardon;
discretion, a hearing for the petition for bail is 4. That the circumstances of his case indicate the
required. (Villanueva v. Buoaya, A.M. No. RTJ-08- probability of flight if released on bail; or
2131) 5. That there is undue risk that he may commit
another crime during the pendency of the
Summary of the evidence for the prosecution appeal.
The court’s order granting or refusing bail must
contain a summary of the evidence for the Two Scenarios under Rule 112, Section 5:
prosecution, otherwise the order granting or 1. If the accused is convicted and sentenced by
denying bail may be invalidated because the the RTC to imprisonment exceeding 6 years
summary of the evidence for the prosecution but not more than 20 years AND none of the
which contains the judge’s evaluation of the above circumstances (recidivist, etc.) is
evidence may be considered as an aspect of present, the grant of bail is a matter of
procedural due process for both the prosecution discretion. The court may or may not grant bail.
and the defense.(Cortes v. Catral, Adm. Matter 2. If the accused is convicted and sentenced by
No. RTJ-97-1387, 1997). the RTC to imprisonment exceeding 6 years
but not more than 20 years AND one or more
3. WHEN A MATTER OF DISCRETION of the above circumstances (recidivist, etc.) is
present, bail should be denied. (Leviste v. CA,
Trial court may grant bail before appeal is G.R. No. 189122, 2010)
perfected
Whether bail is a matter of right or discretion, the
trial court may grant bail and approve the amount
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4. HEARING OF APPLICATION FOR BAIL

IN CAPITAL OFFENSES A.M. No. 12-11-2-SC: Guidelines for
Decongesting Holding Jails by Enforcing the
Capital Offense Rights of Accused Persons to Bail and to
It is an offense which, under the law existing at the Speedy Trial (“Guidelines”)
time of its commission and of the application for Bail hearing in offenses punishable by death,
admission to bail may be punished with death reclusion perpetua, or life imprisonment:
(Rule 114, Sec. 6).
1. The hearing of the accused’s motion for bail in
Note: R.A. No. 9346 entitled ”An Act Prohibiting offenses punishable by death, reclusion
the Imposition of Death Penalty in the Philippines” perpetua, or life imprisonment shall be
was enacted on June 24, 2006 repealing R.A. No. summary, with the prosecution bearing the
8177 and R. A. No. 7659 and abolishing the death burden of showing that the evidence of guilt is
penalty. strong. The accused may at his option, if he
wants the court to consider his evidence as
After conviction by the trial court, the accused well, submit in support of his motion the
convicted of a capital offense is no longer entitled affidavits of his witnesses attesting to his
to bail as a matter of right, and can only be innocence.
released when the conviction is reversed by the 2. At the hearing of the accused’s motion for bail,
appellate court. (Phil. Const. art. III, Sec. 13) the prosecution shall present its witnesses with
the option of examining them on direct or
Not entitled to bail adopting the affidavits they executed during the
An accused who has been convicted of an offense preliminary investigation as their direct
which carries a penalty of more than 20 years is testimonies.
not entitled to bail during the pendency of his 3. The court shall examine the witnesses on their
appeal. direct testimonies or affidavits to ascertain if the
evidence of guilt of the accused is strong. The
An accused who is convicted of a capital offense court’s questions need not follow any particular
is no longer entitled to bail on appeal since his order and may shift from one witness to
conviction imports that the evidence of guilt is another. The court shall then allow counsels
strong. from both sides to examine the witnesses as
well. The court shall afterwards hear the oral
Burden of proof in bail application arguments of the parties on whether or not the
When the offense is punishable by reclusion evidence of guilt is strong.
perpetua or life imprisonment, the prosecution has 4. Within 48 hours after hearing, the court shall
the burden of showing that evidence of guilt is issue an order containing a brief summary of
strong (Rule 114, Sec. 7). the evidence adduced before it, followed by its
conclusion of whether or not the evidence of
“Evidence of Guilt” guilt is strong. Such conclusion shall not be
It refers to a finding of innocence or culpability, regarded as pre-judgment on the merits of the
regardless of the modifying circumstances. case that is to be determined only after a full-
blown trial. (Section 6 of Guidelines)
Evidence Presented Automatically
Reproduced at Trial Regarding Minors Charged with a Capital
The evidence presented during the bail hearing Offense
shall be considered automatically reproduced at If the person charged with a capital offense, such
the trial but, upon motion of either party, the court as murder, admittedly a minor, which would entitle
may recall any witness for additional examination him, if convicted, to a penalty next lower than that
unless the latter is dead, outside the Philippines, prescribed by law, he is entitled to bail regardless
or otherwise unable to testify. (Rule 114, Sec. 8) of whether the evidence of guilt is strong. The
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reason for this is that one who faces a probable or commitment order if the accused is already
death sentence has a particularly strong under custody, as when he was validly arrested
temptation to flee. This reason does not hold without a warrant.
where the accused has been established without
objection to be minor who by law cannot be It is only after this proceeding that the court can
sentenced to death.(See R.A. No. 9165, Sec. 98) entertain a petition for bail where a subsequent
hearing is conducted to determine if the evidence
Privileged mitigating circumstance of minority shall of guilt is weak or not…xxx… This Court had said
be considered for the purposes of recommending so in many cases and had imposed sanctions on
the amount of bail.(R.A. No. 9344, Sec. 34) judges who granted applications for bail in capital
offenses and in offenses punishable by reclusion
Bail hearing is mandatory perpetua, or life imprisonment, without giving the
Although, in theory, the only function of bail is to prosecution the opportunity to prove that the
ensure the appearance of the accused at the time evidence of guilt is strong (Jorda v. Bitas, A.M. No.
set for the arraignment and trial; and, in practice, RTJ-14-2376, 2014).
bail serves the further purpose of preventing the
release of an accused who may be dangerous to The grant or denial of bail is not a ground for
society or whom the judge may not want to inhibition of the judge.
release, a hearing upon notice is mandatory
before the grant of bail, whether bail is a matter of Duties of trial judge in a petition for bail in
right or discretion. offenses punishable by reclusion perpetua, life
imprisonment, or death
The fact that the public prosecutor recommended 1. In all cases, whether bail is a matter of right or
bail did not warrant dispensing with the hearing. of discretion, notify the prosecutor of the
The public prosecutors recommendation of bail hearing of the application for bail or require him
was not material in deciding whether to conduct to submit his recommendation
the mandatory hearing or not. (Gacal v. Judge 2. Where bail is a matter of discretion, conduct a
Infante, A.M. No. RTJ- 04-1845, 2011) hearing of the application for bail regardless of
whether or not the prosecution refuses to
Where the prosecution agrees with the accused’s present evidence to show that the guilt of the
application for bail or forgoes the introduction of accused is strong for the purpose of enabling
evidence, the court must nonetheless set the the court to exercise its sound discretion;
application for hearing. It is mandatory for the 3. Decide whether the guilt of the accused is
judge to conduct a hearing and ask searching and strong based on the summary of evidence of
clarificatory questions for the purpose of the prosecution;
determining the existence of strong evidence 4. If the guilt of the accused is not strong,
against the accused; and the order, after such discharge the accused upon the approval of the
hearing, should make a finding that the evidence bailbond (Enrile v. Sandiganbayan, G.R. No.
against the accused is strong. 213847, 2015).
Hearing for bail different from determination of 5. GUIDELINES IN FIXING AMOUNT OF

the existence of probable cause BAIL
[The determination of probable cause] takes place
prior to all proceedings, so that if the court is not The judge shall fix a reasonable amount of bail
satisfied with the existence of a probable cause, it considering primarily, but not limited to the
may either dismiss the case or deny the issuance following factors
of the warrant of arrest or conduct a hearing to 1. Financial ability of the accused to give bail;
satisfy itself of the existence of probable cause. If 2. Nature and circumstances of the offense;
the court finds the existence of probable cause, 3. Penalty for the offense charged;
the court is mandated to issue a warrant of arrest 4. Character and reputation of the accused;
5. Age and health of the accused;
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6. Weight of the evidence against the accused; only to those charged in criminal proceedings but
7. Probability of the accused appearing at the also to extraditees upon a clear and convincing
trial; showing:
8. Forfeiture of other bail; (1) That the detainee will not be a flight risk or a
9. The fact that the accused was a fugitive from danger to the community; and
justice when arrested; and (2) That there exist special, humanitarian and
10. Pendency of other cases where the accused is compelling circumstances. (Enrile v.
on bail (Rule 114, Sec. 9.. Sandiganbayan, G.R. No. 213847, 2015)
It is settled that the amount of bail should be Corporate Surety Bail Bond
reasonable at all times. In implementing this May be provided by any domestic or foreign
mandate, regard should be taken of the prisoner’s corporation, licensed as surety in accordance with
pecuniary circumstances. We point out that what law and currently authorized to act as such
is reasonable bail to a man of wealth may be
unreasonable to a poor man charged with a like Subscribed jointly by the accused and an officer of
offense. Thus, the right to bail should not be the corporation duly authorized by the board of
rendered nugatory by requiring a sum that is directors. (Rule 114, Section 10)
relatively excessive. The amount should be high
enough to assure the presence of the defendant Note: The term of the bail bond is not dependent
when required, but no higher than is reasonably upon faithful payment of the bond premium.
calculated to fulfill this purpose. Also, while the
DOJ Bail Bond Guide is persuasive, it is not Property Bond; How Posted
binding upon the courts. (Tanog v. Balindong, G.R. PROPERTY BOND is an undertaking constituted
No. 187464, 2015) as a lien on the real property given as security for
the amount of the bail. (Rule 114, Section 11)
Excessive bail shall not be required. (Rule 114,
Sec. 9) Within 10 days after the approval of the bond, the
The principal factor considered is the probability of accused shall annotate the lien:
the appearance of the accused, or of his flight to 1. On the certificate of title with the Registry of
avoid punishment. (Villaseñor v. Abano, G.R. No. Deeds, if the land is registered
L-23599, 1967) 2. in the Registration Book, if the land is
unregistered
Whatever the fiscal recommends as the amount of
bail for the provisional release of an accused is Failure to do so shall be sufficient cause for
only recommendatory. The Judge still retains the cancellation of the property bond and his re-arrest
discretion to apply the precedents laid down by the and detention.
SC regarding the reasonable nature of the bail to
be required. It is not bound by the Fiscal’s Qualifications of sureties in property bond
recommendation. (Amaya v. Ordoñez, G.R. No. 1. Each must be a resident owner of real property
80906, 1988) within the Philippines.
2. Where there is only one surety, his real estate
Note: A clear showing of fragile health justifies must be worth at least the amount of the
one’s admission to bail. undertaking.
3. If there are two or more sureties, each may
The court recognizes the country’s responsibility to justify in an amount less than that expressed in
the international community which arises from the the undertaking but the aggregate of the
Universal Declaration of Human Rights. This justified sums be equivalent to the whole
national commitment to uphold the fundamental amount of the bail demanded.
human rights as well as value the worth and dignity 4. Every surety must be worth the amount
of every person has authorized the grant of bail not specified in his own undertaking over and
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above all just debts, obligations and properties court where the case is pending, or with any
exempt from execution. Regional Trial Court (RTC) of the place of arrest,
or with any judge of the Metropolitan Trial Court or
Note: The order fixing the amount of bail is not the Municipal Trial Court of the place of arrest.
appealable. (Section 4 of Guidelines) (Tormis v. Judge Paredes, A.M No. RTJ-13-2366,
2015)
Before accepting a surety or bail bond, the
following requisites must be complied with: A judge cannot receive cash for bail nor keep it in
1. Photographs of the accused; his office or residence. (Lachica v. Judge Tormis,
2. Affidavit of justification; A.M. No. MTJ-05-1609, 2005)
3. Clearance from the supreme court;
4. Certificate of compliance with Circular No. 66 Recognizance
dated September 19, 1996; It is an obligation of record, entered into before
5. Authority of the agent; and some court or officer authorized to take it with a
6. Current certificate of authority issued by the condition to do some particular act, the most usual
insurance commissioner with a financial condition in criminal cases being the appearance
statement showing the maximum underwriting of the accused for trial. (See R.A. No. 10389)
capacity of the surety company (Rule 114, Sec.
12). The following are cases where the court may
order the release on recognizance of any
Note: The purpose of requiring the affidavit of person under detention:
qualification by the surety before the judge is to 1. When the offense charged is for violation of an
enable the latter to determine whether or not the ordinance, a light, or a criminal offense, the
surety possesses the qualification to act as such, imposable penalty of which does not exceed 6
especially his financial worth as required in the months imprisonment and/or P2,000 fine,
previous section. under the circumstances provided in R.A. No.
6036.
Deposit of cash as bail 2. Where a person has been in custody for a
The accused or any person acting on his behalf period equal to or more than the minimum of
may deposit in cash the amount of bail fixed by the the imposable principal penalty, without
court or recommended by the prosecutor who application of the Indeterminate Sentence Law
investigated or filed the case with the: or any modifying circumstance, in which case
1. Nearest collector of internal revenue; the court, in its discretion, may allow his release
2. Provincial, city or municipal treasurer; or on his own recognizance.
3. Clerk of court where case is pending. 3. Where the accused has applied for probation,
pending resolution of the case but no bail was
Money considered as bail, applied to payment of filed or the accused is incapable of filing one.
fine and costs while the excess if any, shall be 4. In case of a youthful offender held for physical
returned to the accused or whoever made the and mental examination, trial, or appeal, if he is
deposit (Rule 114, Sec. 14). unable to furnish bail and under circumstances
envisaged in PD No. 603 as amended. (Espiritu
The trial judge has no authority to strictly require v. Jovellanos, A.M. No. MTJ-97-1139, 1997)
that only cash bond, instead of a surety bond, be 5. In summary procedure, when the accused has
deposited for the provisional release of the been arrested for failure to appear when
accused. required. His release shall be either on bail or
recognizance.
Respondent judge is only authorized to receive the
cash bail bond under Section 17 (a), Rule 114 of If it has been determined that the child taken into
the Revised Rules on Criminal Procedure which custody is 15 years old or below, the authority
says that the bail bond may be filed either with the which will have an initial contact with the child has
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the duty to immediately release the child to the to furnish bail and under the circumstances
custody of his/her parents or guardian, or in the provided by P.D. 603, as amended.
absence thereof, the child's nearest relative.(R.A. 5. A person who has been in custody for a period
No. 9344, Sec. 20) equal to or more than the possible maximum
If the parents, guardians or nearest relatives imprisonment prescribed for the offense
cannot be located, or if they refuse to take custody, charged, without prejudice to the continuation
the child may be released to any of the following of the trial or the proceedings on appeal.
(R.A. No. 9344, Sec. 20): 6. Accused who was arrested for failure to appear
1. A duly registered nongovernmental or religious when required by the court may be released on
organization; recognizance of a responsible citizen (Sec. 16,
2. A barangay official or a member of the Rules on Summary Procedure)
Barangay Council for the Protection of Children 7. A person accused of an offense with a
(BCPC); maximum penalty of destierro shall be released
3. A local social welfare and development officer; after 30 days of preventive imprisonment.
or
4. When and where appropriate, the DSWD. Reduced Bail
A person in custody for a period to or more than
The court shall not order the detention of a child in the minimum of the principal penalty prescribed for
a jail pending trial or hearing of his/her case. the offense charged, without application of the
Institutionalization or detention of the child pending Indeterminate Sentence Law or any modifying
trial shall be used only as a measure of last resort circumstance, shall be released on a reduced bail
and for the shortest possible period of time. or on his own recognizance at the discretion of the
Whenever detention is necessary, a child will court (Rule 114, Sec. 16).
always be detained in youth detention homes
established by local governments. (R.A. No. 9344, Bail, Where Filed
Section 35-36). 1. May be filed with the court where the case is
pending: (e.g., if a case for homicide is pending
6. BAIL WHEN NOT REQUIRED before Branch 1 of RTC Manila, the accused
should post/file bail in Branch 1);
Bail is not required when the law or rules 2. In the absence or unavailability of the judge
provide: thereof, with the regional trial judge or any first
1. Offense charged is violation of an ordinance, court judge in the province, city or municipality;
light felony or criminal offense the imposable 3. If the accused was arrested in a province, city
penalty does not exceed 6 months of or municipality other than where the case is
imprisonment and/or fine of P2,000 where said pending, bail may be filed with the RTC of the
person has established to the satisfaction of said place or if no judge is available, with any
the court or any other appropriate authority first court judge therein;
hearing the case that he is unable to post the 4. Where bail is a matter of discretion or the
required cash or bail bond (RA 6036, Sec. 1) accused seeks to be released on
2. One of the rights of a child arrested acting as a recognizance, it may only be filed in the court
combatant, spy, carrier, or guide in an armed where the case is pending, whether on trial or
conflict is to be released on recognizance to the appeal;
custody of DSWD or responsible member of 5. Any person not yet charged in court may apply
the community (R.A. No. 7610); for bail with any court in the province, city or
3. Where the accused applied for probation and municipality where he is held;
before the same has been resolved but no bail 6. If the accused was convicted and the nature of
was filed or the accused is incapable of filing the offense changed from non-bailable to
one, in which case he may be released on his bailable, the application can be made with and
own recognizance. resolved by the appellate court (Rule 114, Sec.
4. In case of a youthful offender held for physical 17).
or mental examination, trial or appeal, if unable
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the amount of bail, provided the amount is not

Note: A judge presiding in one branch has no excessive. (Sy Guan v. Amparo, G.R. No. L-1771,
power to grant bail to an accused who is being 1947).
tried in another branch presided by another judge
who is not absent or unavailable, and his act of 8. FORFEITURE AND CANCELLATION OF
releasing him on bail constitutes ignorance of law BAIL
which subjects him to disciplinary sanction.
Bail is Forfeited:
Notice of application to prosecutor 1. Where the presence of the accused is
Court to give reasonable notice of the hearing to specifically required by the court or the Rules
the prosecutor or require him to submit his of Court; and
recommendation (Rule 114, Sec. 18). 2. Despite due notice to the bondsmen to produce
him before the court on a given date, the
Hearing for application for bail is mandatory. accused fails to appear in person as so
Whether bail is a matter of right or discretion, there required (Rule 114, Sec. 21).
must be a reasonable notice given to or at least a
recommendation sought from the prosecutor. To justify exemption from liability on a bail
(Mabutas v. Perello, A.M. No. RTJ-03-1817, 2005) bond or reduction thereof, two requisites must
be satisfied:
Release on Bail 1. Production or surrender of the person of the
Upon approval of the bail by the judge, the accused within 30 days from notice of the order
accused must be discharged (Rule 114, Sec. 19). of the court to produce the body of the accused
or giving reasons for its non-production; and
An officer who fails or refuses to release him from 2. Satisfactory explanations for the non-
detention notwithstanding the approval by the appearance of the accused when first required
proper court of his bail bond may be held liable by the trial court to appear (Rule 114, Sec. 21).
under Art. 126 if the Revised Penal Code for
delaying release. Failure to PRODUCE the body of the principal or
give a reason for his non-production and EXPLAIN
7. INCREASE OR REDUCTION OF BAIL why the accused did not appear before the court
when first required to do so, the court shall render
Court may either increase or reduce the a judgment against the bondsmen, jointly and
amount of the bail: severally for the amount of the bail.
1. After the accused admitted to bail; AND
2. Upon good cause The period of 30 days cannot be shortened by the
court but may be extended for good cause shown.
If the accused does not give the increased amount
of bail within a reasonable time, he will be Note: When bail is granted, the accused must
committed to custody (Rule 114, Sec. 20). appear whenever the court requires his presence;
otherwise, his bail shall be forfeited. This
Accused Released Without Bail May: authorizes the court to cancel the bail bond. Any
1. At any subsequent stage motion for bail pending appeal will also be denied
2. Whenever a strong showing of guilt appears to because of violation of the conditions of the
the court previous bail. Once an accused escapes from
3. Be required to give bail or in lieu thereof, prison or confinement, jumps bail or flees to a
committed to custody (Rule 114, Sec. 20) foreign country, he loses his standing in court.
Unless he surrenders or submits to the jurisdiction
Where the offense is bailable, the mere probability of the court, he is deemed to have waived any right
that the accused will escape or if he had previously to seek relief from the court. (People v. Piad, G.R.
escaped while under detention does not deprive No. 213607, 2016)
him of his right to bail. The remedy is to increase
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ORDER OF ORDER OF No Bail After Judgment; Exception

FORFEITURE CONFISCATION General Rule: No bail shall be allowed after the
Conditional and Not independent of judgment has become final, as what is left is for
interlocutory. It is not the order of forfeiture. him to serve the sentence (Rule 114, Sec. 24).
appealable. It is a judgment
ultimately determining Exception: When he has applied for probation
the liability of the before commencing to serve sentence, the penalty
surety thereunder and and the offense being within the purview of the
therefore final. Probation Law. The application for probation must
Execution may issue be filed within the period of perfecting an appeal.
at once. Such filing operates as a waiver of the right to
appeal (Rule 114, Sec. 24).
Bail is Cancelled:
1. Upon application of the bondsmen with due Exception to the exception: The accused shall
notice to the prosecutor, upon surrender of the not be allowed to be released on bail after he has
accused or proof of his death; commenced to serve his sentence (Rule 114, Sec.
2. Upon acquittal of the accused; 23).
3. Upon dismissal of the case; or
4. Execution of judgment of conviction. Once a child who is under 18 years of age at the
commission of the offense is found guilty of the
In all instances, without prejudice to any liability on offense charged, the court shall place the child
the bail (Rule 114, Sec. 22). under suspended sentence, without need of
application. The suspension of sentence shall still
Arrest of Accused Out on Bail be applied even if the juvenile is already 18 years
The bondsmen who put the bail bond for the of age or more at the time of the pronouncement
accused become the jailers and they or the police of his/her guilt. (R.A. No. 9344, Section 38)
officer to whom authority is endorsed may arrest
the accused for the purpose of surrendering him to Court Supervision of Detainees
the court. The accused cannot leave the country The court shall exercise supervision over all
without the permission of the bondsmen and the persons in custody for the purpose of eliminating
court (Rule 114, Sec. 23). unnecessary detention. The executive judges of
RTCs shall conduct monthly personal inspections
How sureties may be relieved from of provincial, city or municipal jails and the
responsibility over the accused: prisoners within their respective jurisdictions.
1. Arrest the principal and deliver him to the
proper authorities. However, an executive judge of the RTC has not
2. They may cause the arrest of the accused to be been given any authority to interfere with the
made by any police officer or other person of transfer of detainees in cases handled by other
suitable age or discretion. judges nor to grant hold-departure orders in cases
3. By endorsing the authority to arrest upon a not assigned to her sala. (Mupas v. Español, A.M.
certified copy of the undertaking and delivering No. RTJ-04-1850, 2005)
it to such officer or person.
An accused released on bail may be re-arrested

without the necessity of a warrant if he attempts to
depart from the Philippines without permission of
the court where the case is pending.
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9. APPLICATION NOT A BAR TO the inherent powers of a court of justice.(R.A.

OBJECTIONS IN ILLEGAL ARREST, LACK 8249, 1997).
OF OR IRREGULAR PRELIMINARY
INVESTIGATION Precautionary Hold-Departure Orders (A.M.
No. 18-07-05-SC)
Bail is not a bar to objections on illegal arrest, A Precautionary Hold Departure Order (PHDO) is
lack of or irregular preliminary investigation. issued ex parte by a court commanding the
Bureau of Immigration to prevent any attempt by a
An application for admission to bail shall not person suspected of a crime to depart from the
bar the accused from: Philippines. (A.M. No. 18-07-05-SC, Sec. 1)
1. Challenging the validity of his arrest; or
2. The legality of the warrant issued therefore; or When PHDO is Available
3. From assailing the regularity or questioning the The PHDO may be issued where the crime
absence of a preliminary investigation of the involved:
charge against him. 1. Is punishable with at least 6 years and 1 day
2. Is committed by a Foreigner, regardless of the
PROVIDED: That the accused raises them before penalty imposed. (A.M. No. 18-07-05-SC, Sec.
entering his plea. (Rule 114, Section 26) 1)
The court shall resolve the matter as early as Where and by whom PHDO may be filed
practicable, but not later than the start of the trial General Rule: Filed by the Prosecutor with the
of the case. RTC within whose territorial jurisdiction the crime
was committed.
Other Matters:
Hold-Departure Orders Exceptions:
Supreme Court Circular No. 39-97 dated June 1. For compelling reasons, by the Prosecutor with
19, 1997 limits the authority to issue hold any RTC within the judicial region where the
departure orders to the RTCs in criminal cases crime was committed if such place is known
within their exclusive jurisdiction. 2. With the RTC of Manila, Quezon City, Cebu
City, Iloilo City, Davao City, and Cagayan de
Consequently, MTC judges have no authority to Oro City when filed by the NBI. (A.M. No. 18-
issue hold-departure orders, following the maxim, 07-05-SC, Sec. 2)
express mention implies the exclusion. Neither
does he have authority to cancel one, which he
issued.
G. ARRAIGNMENT AND PLEA
The accused may be prohibited from leaving the
country during the pendency of his case (Manotoc, 1. HOW MADE
Jr. v. CA, G.R. No. L-62100, 1986).
ARRAIGNMENT
It is the formal mode and manner of implementing
A criminal case is required before a Hold-
the constitutional right of an accused to be
Departure Order may be issued
informed of the nature and cause of the accusation
Hold-Departure Orders shall be issued only in
against him. (Taglay v. Daray, G.R. No. 1642258,
criminal cases within the exclusive jurisdiction of
2012)
the Regional Trial Courts.
Purpose
Sandiganbayan may issue Hold Departure
It is indispensable in bringing the accused to court
Order
and in notifying him of the nature and cause of the
Sandiganbayan is a special court, of the same
accusations against him. Its importance is based
level as the Court of Appeals and possessing all
on the constitutional right of the accused to be
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informed. Procedural due process requires that When Arraignment is Held Within a Shorter
the accused be arraigned so that he may be Period:
informed of the reason for his indictment, the 1. When an accused is under preventive
specific charges he is bound to face, and the detention, his case should be raffled within 3
corresponding penalty that could be possibly days from filing and accused shall be arraigned
meted against him. It is at this stage that the within 10 days from receipt by the judge of the
accused, for the first time, is given the opportunity records of the case. (R.A. 8493 Speedy Trial
to know the precise charge that confronts him. It is Act)
only imperative that he is thus made fully aware of 2. Where the complainant is about to depart from
the possible loss of freedom, even of his life, the Philippines with no definite date of return,
depending on the nature of the imputed crime the accused should be arraigned without delay.
(Kummer v. People, G.R. No. 174461, 2013). (R.A. 4908)
3. Cases under the Dangerous Drugs Act;
How Arraignment is Made
1. In open court where the complaint or Trial in absentia may be conducted only after valid
information has been filed or assigned for trial arraignment (Article III, Section 14 (2) of the 1987
2. By the judge or clerk of court Constitution)
3. By furnishing the accused with a copy of the
complaint or information Accused must personally appear during
4. Reading it in a language or dialect known to the arraignment and enter his plea (counsel cannot
accused enter plea for accused) (Rule 116, Sec. 1 (b)).
5. Asking accused whether he pleads guilty or not
guilty (Rule 116, Sec. 1). Absence of Arraignment
General Rule: Judgment is void if accused has
General Rule: The procedural steps laid down in not been validly arraigned.
Section 1(a) of Rule 116 are not empty rituals that
a judge can take nonchalantly. Each step Exception: If accused went into trial without being
constitutes an integral part of that crucial stage in arraigned, subsequent arraignment will cure the
criminal litigation "where the issues are joined x x error provided that the accused was able to
x and without which the proceedings cannot present evidence and cross-examine the
advance further." Anything less than strict witnesses of the prosecution during trial.
compliance is considered gross ignorance of the Period of Suspension of Arraignment
law. (Bandoy v. Jacinto, Jr., A.M. No. RTJ-14- Suspension period shall not exceed 60 days
2399, 2014). counted from the filing of the petition for review of
the resolution of the prosecutor with either the DOJ
Exception: The court, upon personal examination or Office of the President (Section 11 (c), Rule
of the accused, may allow a waiver of the reading 116).
of the information upon the full understanding and
express consent of the accused and his or her NOTE: According to A.M. No. 15-6-10-SC on the
counsel (A.M. No. 15-06-10-SC, Sec. II (8) (c)). Guidelines for Continuous Trial of Criminal
Cases in Pilot Courts, the following rules shall be
When Arraignment Should Be Held observed for arraignment:
1. IF THE ACCUSED IS DETAINED – it shall be 1. Plea Bargaining. - If the accused desires to
set within 10 days from the court’s receipt of the enter a plea of guilty to a lesser offense, plea
case; bargaining should immediately proceed,
2. IF THE ACCUSED IS NOT DETAINED – it provided that the private offended party in
shall be set within 30 days from the date the private crimes or the arresting officer in
court acquires jurisdiction over the accused victimless crimes, is present to give his
(A.M. No. 15-06-10-SC, Sec. II (8) (a)). conformity to the plea bargaining. Thereafter,
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judgment shall immediately be rendered in the circumstance, which would amount to a withdrawal
same proceedings. of his plea of not guilty.
2. Plea of Guilty to the Crime Charged in the
Information. – If the accused pleads guilty to When Evidence Presented after entering a Plea
the crime charged in the Information, judgment of Guilty to a Non-Capital Offense
shall immediately be rendered, I except in For non-capital offenses, the reception of evidence
those cases involving capital offenses. is merely discretionary on the part of the court. If
3. Where No Plea Bargaining or Plea of Guilty the information or complaint is sufficient for the
Takes Place. - If the accused does not enter a judge to render judgment on a non-capital offense,
plea of guilty, whether to a lesser offense or the he may do so.
offense charged in the Information, the court
shall immediately proceed with the arraignment If the accused is permitted to present evidence
of the accused and, thereafter, indicate the pre- after his plea of guilty to a non-capital offense and
trial and trial dates in the Order. such shows that the accused is not guilty of the
4. The schedule of the pre-trial and trial dates for crime charged, the accused must be acquitted, for
both the prosecution and the defense should there is no rule which provides that simply
be within the periods provided in the Regular because the accused pleaded guilty to the charge
Rules/Special Rules. The trial dates may be that his conviction automatically follows. Additional
shortened depending on the number of evidence independent of the plea may be
witnesses to be presented. In this regard, a considered to convince the judge that it was
flowchart shall be prepared by the court which intelligently made.
shall serve as the final schedule of hearings.
2. WHEN SHOULD PLEA OF NOT GUILTY
Consequences of Plea of Guilty BE ENTERED
As a rule, a plea of guilty is an UNQUALIFIED
ADMISSION of the crime and of the attending A plea of “not guilty” will be entered:
circumstances (aggravating and/or qualifying) 1. When accused so pleaded
alleged in the complaint. 2. When he refuses to plead
3. When he makes a conditional or qualified plea
No Need for Further Evidence of guilt (Ex. Accused pleads guilty but adds
Such plea removes the necessity of presenting “pero hindi ko sinasadya”)
further evidence and for all intents and purposes 4. When the plea is indefinite or ambiguous
the case is deemed tried on its merits and 5. When he pleads guilty but presents exculpatory
submitted for decision. evidence (Ex. Evidence to prove complete self-
defense) (Rule 116, Sec. 1)
Plea of Guilty to a Capital Offense
If the case involves a capital offense, the reception Note: If the accused who pleaded guilty presents
of evidence to prove the guilt and degree of exculpatory evidence, his plea of guilty is deemed
culpability of the accused is mandatory. withdrawn. The judge must order the accused to
plead again or at least direct that a new plea of “not
Mitigating and Aggravating Circumstances guilty” be entered for him, otherwise there shall be
However, the court may, upon motion, allow the no standing plea for the accused. This is
presentation of evidence to prove aggravating and significant because if there is no standing plea, the
mitigating circumstances. accused cannot invoke double jeopardy later on.
The trial court may allow an accused to plead Presence of Offended Party
guilty and at the same time allow him to prove The private offended party is required to appear in
other mitigating circumstances. However, if what the arraignment for the purpose of plea bargaining,
the accused would prove is an exempting determination of civil liability and other matters
requiring his presence.
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In case the offended party fails to appear despite for the convenience of the accused. (Daan v
due notice, the trial court may allow the accused Sandiganbayan, G.R. Nos. 163972-77, 2008)
to plead guilty to a lesser offense necessarily
included in the offense charged with the conformity Effect of Plea Bargaining on Civil Liability of
of the trial prosecutor alone (Rule 116, Sec. 1(f)). the Accused
The civil liability is not covered by the plea bargain.
3. WHEN MAY ACCUSED ENTER A PLEA To hold otherwise would lead to the possibility that
OF GUILTY TO A LESSER OFFENSE offended parties will hesitate to give their consent
to a plea of guilty to a lesser offense by the
Plea Bargaining accused for fear that it would foreclose their
It is the process whereby the accused, the chance to recover the appropriate civil liability.
offended party and the prosecution work out a (Heirs of Mario Gevero v. Guihing Agricultural
mutually satisfactory disposition of the case Dev’t Corporation, G.R. No. 122619, 2006)
subject to the court’s approval. (People v.
Villarama, G.R. No. 99287 June 23, 1992) Plea to Lesser Offense During Arraignment
During arraignment, the accused may enter a plea
It usually involves the defendant’s pleading guilty of guilty to a lesser offense PROVIDED there is
to a lesser offense or to only one or some of the consent of the offended party AND of the
counts of a multi-count indictment in return for a prosecutor to the plea of guilty to a lesser offense
lighter sentence than that for the graver charge. that is necessarily included in the offense charged
(Rule 116, Sec. 2).
Only facts, and not conclusions of law alleged in
the information, are admitted by a plea of guilty. The accused may also enter a plea of guilty to a
(People v. De la Cruz, G.R. No. L-2204, 1948). A lesser offense if the offended party was notified
plea of guilty to an information alleging and did not appear in the arraignment of the
aggravating or qualifying circumstances will not be accused.
considered an admission of said circumstances if
the evidence subsequently presented by the Plea to Lesser Offense After Arraignment But
prosecution fails to prove the same. (People v. Before Trial
Comendador, G.R. No. L-38756, 1984) After arraignment but before trial, the accused may
still be allowed to plead guilty to a lesser offense
It precludes the filing and prosecution of the after withdrawing his previous plea of not guilty. No
offense originally charged in the information, amendment to the complaint or information is
except when the plea of guilty to a lesser offense necessary (Rule 116, Sec. 2).
is without the consent of the offended party and
the prosecutor. Plea to Lesser Offense after Trial Has Begun
After the prosecution has rested its case, a change
Section 2, Rule 116 of the Rules of Court presents of plea to a lesser offense may be granted by the
the basic requisites upon which plea bargaining judge, with the approval of the prosecutor and the
may be made, i.e., that it should be with the offended party if the prosecution does not have
consent of the offended party and the prosecutor, sufficient evidence to establish the guilt of the
and that the plea of guilt should be to a lesser accused for the crime charged. The judge cannot
offense which is necessarily included in the on its own grant the change of plea (Daan v.
offense charged. The rules however use word Sandiganbayan, G.R. Nos. 163972-77, March 28,
“may”, denoting an exercise of discretion upon the 2008).
trial court on whether to allow the accused to make
such plea. Trial courts are exhorted to keep in Note: The ruling on the motion must disclose the
mind that a plea of guilty for a lighter offense than strength and weaknesses of the prosecution’s
that actually charged is not supposed to be evidence. Absent any finding on the weight of the
allowed as a matter of bargaining or compromise evidence on hand, the judge’s acceptance of the
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defendant’s change of plea is improper and pleaded guilty. Improvident pleas of guilty to a
irregular. (Estipona v. Lobrigo, G.R. No. 226679, capital offense on the part of the accused must be
2017) averted since by admitting his guilt before the trial
court, the accused would forfeit his life and liberty
Presence and Consent of the Offended Party without having fully understood the meaning,
The consent of the offended party is necessary significance and the dire consequences of his
before the accused may be allowed to plead guilty plea. (People v Ulit, G.R. Nos. 131799-801, 2004)
to a lesser offense. If the plea of guilty to a lesser
offense is made without the consent of the The absence of the transcript of stenographic
prosecutor and the offended party, the conviction notes of the proceedings during the arraignment
of the accused shall not be a bar to another do not make the procedure flawed. The minutes of
prosecution for an offense which necessarily the proceedings indubitably show that the judge
includes the offense charged in the former read the Informations to the accused-appellant
information (No double jeopardy). both in English and Tagalog, asked him questions
as to his understanding of the consequences of his
If the offended party fails to appear during plea, his educational attainment and occupation.
arraignment, the court may allow the accused to Accused-appellant could have known of the
plead guilty to a lesser offense with the conformity consequence of his plea having pleaded twice to
of the trial prosecutor alone. the charges against him (People v Magat, G.R.
No. 130026, 2000).
The issuance by the DOJ of Circular No. 27 s.
2018 which instructs Prosecutors to outrightly 5. SEARCHING INQUIRY
reject any plea-bargaining in drugs cases that go
beyond what is authorized in the Circular does not Elements of “Searching Inquiry”
violate the rule-making power of the Supreme 1. Judge must convince himself that accused is
Court. Thus, their refusal to consent to the plea- entering the plea voluntarily and intelligently.
bargain should be treated as a continuing 2. Judge must convince himself that there exists
objection that the Court must resolve. (PP v. a rational basis for the finding of guilt based on
Reafor, G.R. No. 247575, 2020) accused’s testimony.
3. Inform the accused of the exact length of
4. ACCUSED PLEAD GUILTY TO CAPITAL imprisonment and the certainty that he will
OFFENSE, WHAT THE COURT SHOULD DO serve it in a national penitentiary (People v.
Dayot, G.R. No. 88281, July 20, 1990).
Duty of the Court When Accused Pleads Guilty
to a Capital Offense: Mandatory Nature of Searching Inquiry
1. Conduct a searching inquiry into the It is generally mandatory on the RTC to conduct
voluntariness and full comprehension of the such especially in a hearing for re-arraignment.
consequences of the plea. This requirement is NOT deemed complied when
2. Require prosecution to present evidence to it was the defense who explained the
prove the guilt and precise degree of culpability consequences of the guilty plea.
of the accused. However: [The SC ruled in a case] that the
3. Ask the accused if he desires to present accused had already pleaded guilty to a much
evidence in his behalf and allow him to do so if graver offense (multiple murder) based on the
he desires (People v. Gumimba, 517 SCRA 25, same act relied upon in the multiple frustrated
Feb. 25, 2007). murder charge. Prior to the change of plea, the
accused had already made two confessions of
The raison d’etre for the rule is that the courts must guilt (1) through exclusive media interviews, and
proceed with extreme care where the imposable (2) through judicial admission in pre-trial. Under
penalty is death, considering that the execution of these circumstances, it is unnecessary to rule on
such sentence is irrevocable. Experience has the sufficiency of the "searching inquiry."
shown that even innocent persons have at times Remanding for re-arraignment is not needed
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anymore as this plea of guilt is NOT the sole basis Instances of Improvident Plea:
for the judgment. (People v. Baharan, G.R. No. 1. Plea of guilty was compelled by violence or
188314, 2011) intimidation
2. Accused did not fully understand the meaning
6. IMPROVIDENT PLEA and consequences of his plea
3. Insufficient information to sustain conviction of
IMPROVIDENT PLEA is a plea without the offense charged
information as to all the circumstances affecting it; 4. Information does not charge an offense
based upon a mistaken assumption or misleading 5. Court has no jurisdiction
information or advice.
The withdrawal of a plea of guilty is not a matter of
Effects of Improvident Plea right to the accused but of sound discretion to the
The conviction will be set aside if the plea of guilty trial court. (People v. Lambino, G.R. No. L-10875,
is the sole basis for the judgment. 1958)
But, the court may validly convict the accused if There should be a categorical declaration from the
such conviction is supported by adequate accused that he is withdrawing his plea of guilty
evidence of guilt independent of the plea itself. and substituting it with a plea of not guilty. There
must either be a motion to withdraw his plea of
When Remand Necessary in cases of guilty or any unequivocal manifestation of the
Improvident Plea of Guilty withdrawal of such plea. Convictions based on an
Where there is an improvident plea of guilt, but the improvident plea of guilty are set aside only if such
prosecution was able to prove beyond reasonable plea is the sole basis of the judgment. If the trial
doubt the guilt of the accused, no remand is court relied on sufficient and credible evidence to
necessary for so long as there is no procedural
convict the accused, the conviction must be
unfairness or irregularity. sustained. (People v. Solamillo, G.R. No. 123161,
2003)
Where there is an improvident plea of guilt, but the
prosecution was unable to prove beyond
The reason behind the rules is that trial has
reasonable doubt the guilt of the accused, remand already begun and the withdrawal of the plea will
for further proceedings is necessary. change the theory of the case and put all past
EXCEPTION: Where the prosecution was still proceedings to waste. Moreover, at this point,
unable to prove beyond reasonable doubt despite there is a presumption that the plea was made
multiple chances to do so, no remand is voluntarily.
necessary, and acquittal should follow. (PP v.
Pagal, G.R. No. 241257, 2020) Four-Fold Duty of Court when Accused
Appears without Counsel:
Withdrawal of Improvident Plea of Guilty 1. INFORM the defendant that he has a right to an
At any time before judgment of conviction attorney before being arraigned
becomes final, the court may permit an 2. After informing him, court must ASK the
IMPROVIDENT PLEA of guilty to be withdrawn defendant if he desires to have the aid of an
and be substituted by a plea of not guilty. attorney
3. If he desires but is unable to employ one, the
The substitution of a plea of guilty by one of not court must ASSIGN an attorney de oficio to
guilty is subject to the discretion of the court and defend him
may be granted if the prosecution does not have 4. If the accused desires to procure an attorney of
sufficient evidence to establish the guilt of the his own, the court must grant him
accused. (People v. Kayanan, G.R. No. L-30355, REASONABLE TIME to do so (Gamas v. Oco,
1978) A.M. No. MTJ-99-1231, 2004)
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Failure to comply with this 4-fold duty amounts to Bill of Particulars

a violation due process Accused must move for a bill of particulars
BEFORE arraignment to enable him to properly
COUNSEL DE OFICIO is counsel appointed by plead and prepare for trial, otherwise it is deemed
the court to represent and defend the accused in waived.
case he cannot afford to employ one himself
The motion for bill of particulars must contain:
Who May Be Appointed Counsel De Oficio: 1. Alleged defects in the complaint or information
1. Members of the bar in good standing who can and
competently defend the accused 2. Details desired.
2. In localities where such members of the bar
are not available, any resident of the province Rule 12 on Bill of Particulars applies by analogy to
of good repute for probity and ability. Bill of Particulars as provided in Section 9 of Rule
116.
Duty of the Court to Appoint Counsel During
Arraignment and During Trial The remedy against an information that fails to
During arraignment, the court has an affirmative allege the time of the commission of the crime with
duty to inform the accused of his right to counsel sufficient definiteness is a bill of particulars, not a
and to provide him with one in case he cannot motion to quash.
afford it. The court must act on its own volition
unless the right is waived by the accused. It is Not the Office of the Bill of Particulars to:
1. Supply material allegation necessary to the
During trial, it is the accused who must assert his validity of a pleading
right to counsel. The court will not act unless the 2. Change a cause of action or defense stated in
accused invokes his rights. the pleading, or to state a cause of action or
defense other than the one stated.
What Constitutes “Reasonable Time” 3. Set forth the pleader’s theory of his cause of
It depends on the circumstances surrounding the action or a rule of evidence on which he intends
case such as the gravity of the offense, complexity to rely.
of the allegations, whether a motion to quash or a 4. Furnish evidentiary information whether such
bill of particulars has to be filed, etc. information consists of evidence which the
pleader proposes to introduce or of facts which
Generally, reasonable time to prepare for trial is constitute a defense or offset for the other party
between 2-15 days. or which will enable the opposite party to
establish an affirmative defense not yet
The accused has at least 15 to 30 days from pleaded.
receipt of pre-trial order to prepare for trial (Rule
119, Section 1). The filing of a motion for bill of particulars
suspends the period to file a responsive pleading.
Generally, reasonably time to prepare for
arraignment is 30 minutes to 1 hour. If the motion is granted, the moving party has the
remaining period or at least 5 days to file his
Note: Counsel for the accused must expressly answer from service of the bill of particulars.
demand the right to be given reasonable time to
consult with the accused. Only when so If the motion is denied, he has the same period to
demanded does denial thereof constitute file his responsive pleading from receipt of the
reversible error and a ground for new trial. order denying the motion.
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Right to Modes of Discovery While the pendency of a petition for review is a

This is the right of the accused to move for the ground for suspension of the arraignment, the
production of material evidence in the possession Rules on Criminal Procedure limits the deferment
of the prosecution. It authorizes the defense to of the arraignment to a period of 60 days reckoned
inspect, copy or photograph any evidence of the from the filing of the petition with the reviewing
prosecution in its possession after obtaining office. It follows, therefore, that after the expiration
permission of the court. of said period, the trial court is bound to arraign the
accused or to deny the motion to defer
The purpose of such right is to prevent surprises arraignment. The trial court has to set the date of
to the accused and the suppression or alteration arraignment even before the lapse of 60 days.
of evidence. (Aguinaldo vs. Ventus, GR No. 176033, 2015)
Such right is available even during preliminary Note: Other grounds for suspension include
investigation when such is necessary to protect pending incidents like motion to quash, motion for
the constitutional right to life, liberty and property inhibition, motion for bill of particulars.
of the accused. It enables the respondent to obtain
evidence which he could incorporate in the
counter-affidavits or to substantiate his allegations
therein. H. MOTION TO QUASH
Definition
The rules applicable for the right to modes of
It is a special pleading filed by the defendant
discovery in criminal case is Section 12 and 13 of
before entering his plea, which hypothetically
Rule 119. Rules 23 to 29 of the Rules of Court is
admits the truth of the facts spelled out in the
not applicable.
complaint or information at the same time that it
NOTE: In one case, the Supreme Court held that sets up a matter which, if duly proved, would
preclude further proceedings. By a motion to
an RTC did not commit grave abuse of discretion
quash, the defendant assumes the facts alleged in
in granting the taking of a deposition through
the information to be true. (People v. Odtuhan,
written interrogatories under Rule 25 in a criminal
G.R. No. 191566, 2013)
case. The RTC took into consideration the
extraordinary circumstances of the case, and there
An order denying a motion to quash is interlocutory
was an honest effort on the part of the Trial Court
in character and absent a clear showing that the
to justify its conclusion. (People v. Sergio, G.R.
No. 240053, 2019). judge has committed a grave abuse of discretion
or acted in excess of jurisdiction, the order is not
appealable (Santos v. People, G.R. No. 173176,
Grounds for Suspension of Arraignment
August 26, 2008).
1. There exists a prejudicial question
2. Accused appears to be suffering from an
NOTE: A motion to quash based on double
unsound mental condition which renders him
jeopardy or extinction of the criminal action may,
unable to understand the charge against him
by their nature, be based on matters outside of the
and to plead intelligently thereto.
allegation of the information or complaint.
3. There is a petition for review pending before the
DOJ or Office of the President, however the
Time to move to quash
period of suspension shall not exceed 60 days
May be filed only before the accused has entered
counted from the filing of the petition for review.
his plea to the accusatory pleading (Rule 117, Sec.
1)
The suspension of the arraignment should always
be within the limits allowed by law (ABS-CBN v.
GMA, Felipe Gozon, G.R. No. 195956, 2015)
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Exceptions
1. When the same does not charge an offense; Omnibus Motion Rule
2. Where the court has no jurisdiction over the The court shall not consider any other ground
case; other than those specifically stated in the motion
3. When the offense or penalty had already been to quash, except (1) lack of jurisdiction over the
extinguished; or offense charged; and (2) the information does not
4. When further prosecuting the accused would charge an offense (Sec. 2, Rule 117).
thereby place him in double jeopardy.
Facts Charged Do Not Constitute an Offense
NOTE: The court is not authorized to motu propio The test for the correctness of this ground is the
initiate a motion to quash. The right to file a motion sufficiency of the averments in the information,
to quash belongs only to the accused. that is, whether the facts alleged, if hypothetically
admitted, establish the essential elements of the
1. GROUNDS offense as defined by law without considering
matters aliunde. (People v. Romuadez, G.R.
The grounds to quash the information are: 166510, 2008).
1. Facts charged do not constitute an offense
2. Court has no jurisdiction over offense charged Note: The court in resolving the motion cannot
3. Court has no jurisdiction over the person of the consider –
accused 1. Facts contrary to those alleged in the
4. Officer who filed the information had no information
authority to do so 2. Facts which do not appear on the face of the
5. Does not conform substantially to the information
prescribed form
6. More than one offense is charged except when Except: Those admitted by the prosecution.
a single punishment for various offense is
prescribed by law Officer who Filed the Information Had No
7. Criminal action or liability has been Authority to Do So
extinguished by prescription It occurs when a state prosecutor lacked the
8. Contains averments which, if true, would authority to file the information because there was
constitute a legal excuse or justification neither a directive from the Secretary of Justice
9. Accused has been previously convicted or designating him as a special prosecutor nor the
acquitted of offense charged, or case has been written approval of the information by the city
dismissed or otherwise terminated without the prosecutor as required under Section 5, Rule 110
express consent of the accused (double of the Rules of Court.
jeopardy) (Rule 117, Sec. 3)
No complaint or information may be filed or
An affidavit of desistance or pardon is not a ground dismissed by an investigating prosecutor without
for the dismissal of an action, once it has been the prior written authority or approval of the
instituted in court. (People v. Salazar, G.R. No. provincial or city prosecutor or chief state
181900, 2010) prosecutor or the Ombudsman or his deputy.
(Tolentino vs. Paqueo, Jr., G.R. No. 150606,
The absence of probable cause for the issuance 2007).
of a warrant of arrest is not a ground for quashal
of the information, but is a ground of the dismissal Republic Act No. 6770, by conferring upon the
of the case (People v. Sandiganbayan, G.R. No.
Ombudsman the power to prosecute, likewise
144159, 2004) grants to the Ombudsman the power to authorize
the filing of informations. As to the Special
Matters of defense cannot be raised in a motion to Prosecutor, respondent People invokes the
quash (Antone v. Beronilla, G.R. No. 183824, aforesaid authority of the Ombudsman in Section
2010).
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15(10) to delegate his powers, and claim that there 2. DISTINGUISH FROM DEMURRER TO
was a general delegation of the authority to EVIDENCE
approve the filing of informations in Office Order
No. 03-97, series of 2003 (dated 15 September MOTION TO QUASH DEMURRER TO
2003), and Office Order No. 40-05, series of 2005 EVIDENCE
(dated 4 April 2005). Filed before the Filed after the
defendant enters his prosecution has
The delegation of the power to authorize the filing plea rested its case
of informations under Office Order No. 40-05 was Does not require prior May be filed either
only made to Deputy Ombudsmen, and not to the leave of court with or without leave
Special Prosecutor. All that was delegated to the of court
Special Prosecutor was the discretional authority Based on matters Predicated upon
to review and modify the Deputy Ombudsmen- found on the matters outside of the
authorized information, but even this is subject to complaint or complaint or
the condition that such modification must be information information such as
“without departing from, or varying in any way, the the evidence or lack of
contents of the basic Resolution, Order or it
Decision.” (Perez v. Sandiganbayan, G.R. No. If granted, dismissal of If granted, is deemed
166062, 2006) the case will not an acquittal of the
necessarily follow accused and
Does Not Conform Substantially to the [See Sections 5 and 6 subsequent
Prescribed Form of this Rule, where prosecution will
The defects contemplated are defects in form, as another complaint or violate the rule on
where the requirements for the sufficiency of information may be double jeopardy
information are not complied with. filed by order of the
court]
Prescription If denied by grave If denied, shall not be
The following are the prescriptive periods of the abuse of discretion, reviewable by appeal
criminal liability or penalties: then certiorari or or certiorari before
1. Death and reclusion perpetua - 20 years prohibition lies judgment but may be
2. Other afflictive penalties - 15 years reviewable via Rule
3. Other correctional penalties - 10 years; 65 (Choa v. Choa,
however, if penalty is arresto mayor - 5 years G.R. No. 143376.
4. Light penalties - 1 year 2002).
Legal Excuse For Justification Notwithstanding the interlocutory character and

The legal excuse or justification referred to are effect of the denial of the demurrers to evidence,
those provided for in the Revised Penal Code: the petitioners-accused could avail themselves of
1. Justifying circumstances. (Art. 11) the remedy of certiorari when the denial was
2. Exempting circumstances. (Art. 12) tainted with grave abuse of discretion. (Arroyo v.
3. Absolutory causes. (Arts. 6 [par.3], 16, 20, 247 People, G.R. No. 220598, 2016; Aguas v.
and 332) Sandiganbayan, G.R. 220953, 2016)
When the accused files such motion to dismiss

without express leave of court, he waives the right
to present evidence and submits the case for
judgment on the basis of the evidence for the
prosecution. The RTC did not need to inquire into
the voluntariness and intelligence of the waiver, for
her opting to file her demurrer to evidence without
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first obtaining express leave of court effectively

waived her right to present her evidence. (People But where the prosecution failed to object and
v. Cristobal, G.R. No. 159450, 2011) such proof of privilege was admitted into the
record, quashal was proper. (People v. Balao,
Forms and Contents G.R. No. L-22250, 1968)
1. In writing
2. Signed by the accused or his counsel If the accused had already entered his plea, it is
3. Distinctly specify the factual and legal grounds discretionary on the part of the court to permit him
of the motion (Rule 117, Sec. 2) to withdraw that plea in order to file a motion to
quash. (Mill v. People, et al., G.R. No. L-10427,
Motion to Quash in Cases covered by 1957)
Summary Procedure
General Rule: Filing of a motion to quash is not 3. EFFECTS OF SUSTAINING THE MOTION
allowed in a summary procedure TO QUASH
Exception/s: GROUNDS EFFECT

1. On the ground of lack of jurisdiction over the  Facts charged do Court may order that
subject matter not constitute an another information
2. Failure to comply with the barangay conciliation offense be filed or an
proceedings (Sec. 19 (a), Revised Rules on  Officer who filed amendment thereof
Summary Procedure). the information be made
had no authority to
Effect of Failure to Assert Any Ground of a do so
Motion To Quash Before Pleading to a  It does not
Complaint or Information conform
This failure to assert a ground may either be substantially to the
because: prescribed form
1. Accused did not file a motion to quash  More than one
2. Accused filed a motion to quash but failed to offense is charged
allege the ground in said motion  Criminal action or Court must state, in its
liability has been order granting the
General Rule: Failure to assert or timely assert a extinguished motion, the release of
motion to quash shall be deemed a waiver of any  Averments would the accused if he is in
objections (Rule 117, Sec. 9) constitute a legal custody or the
excuse or cancellation of his
When the accused fails, before arraignment, to justification bond if he is on bail
move for the quashal of such information and goes  Accused has been
to trial thereunder, he thereby waives the objection previously
and may be found guilty of as many offenses as convicted or
those charged in the information and proved acquitted of the
during trial. (Escandor v. People, G.R. No. offense charged
211962, 2020)  Court has no Court should remand
jurisdiction over or forward the case to
Where, in a motion to quash an information for the offense the proper court, not
libel, the prosecution objected to evidence to quash the
showing the privileged nature of the complaint or
communication, the court cannot quash the case information
as such defense must be raised at the trial.
(Duque, et al. v. Santiago, etc. et al., G.R. No. L- Note: The fundamental test in determining
16916, 1962). whether a motion to quash may be sustained
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based on this ground is whether the facts alleged, b. Case against him was dismissed or
if hypothetically admitted, will establish the otherwise terminated without the accused’s
essential elements of the offense as defined in the express consent (Rule 117, Sec. 6).
law. Extrinsic matters or evidence aliunde are not .
considered. (Herminio Disini v. Sandiganbayan, When Court Shall Order the Amendment of the
G.R. Nos. 169823-24, 2013) Information or Complaint
General Rule: If the motion to quash is based on
IF COURT ORDERS THAT ANOTHER a defect which can be cured (ex. Allegations in the
COMPLAINT OR INFORMATION BE FILED AND information do not constitute an offense,
IS – information does not conform substantially to the
NOT ORDERED OR IF prescribed form), the court shall not immediately
ORDERED AND HAVING ORDERED, NO grant the motion but order that an amendment be
MADE NEW INFORMATION IS made. (Rule 117, Sec. 4)
FILED
The accused, if in The accused, if in custody, Exception/s: The motion shall be granted if
custody, shall not shall be discharged unless despite such opportunity, the prosecution:
be discharged he is also in custody for 1. Fails to make an amendment
unless admitted another charge 2. If despite the amendment, the complaint or
to bail information still suffers from the same defect
(Rule 117, Sec. 4).
Granting A Motion To Quash Appealable
An order granting a motion to quash is appealable, Order Denying Motion to Quash versus Order
and the accused cannot claim double jeopardy if Sustaining Motion to Quash
the dismissal is procured not only with his consent MOTION TO QUASH MOTION TO QUASH
but at his own instance (Rule 117, Sec. 7). DENIED GRANTED
Interlocutory Final Order
Denial of a Motion to Quash Not appealable, Appealable, but
A petition for certiorari is not the proper remedy except if there is subject to rules on
absent any showing of arbitrariness. The remedy grave abuse of double jeopardy
is for the movant to go to trial without prejudice to discretion, the
reiterating the defenses invoked in the motion to remedy is certiorari
quash (Acharon v. Purisima, G.R. No. 83754 Proper remedy is to Proper remedy is to
February 18, 1991) appeal after trial appeal the order
Next step: Next step: amend the
4. EXCEPTION TO THE RULE THAT arraignment information, if possible
SUSTAINING THE MOTION IS NOT A BAR
TO ANOTHER PROSECUTION 5. DOUBLE JEOPARDY
General Rule: When a motion to quash is As a rule, when an accused has been convicted or
sustained, the court may order that another acquitted, or the case against him dismissed or
complaint or information be filed (Rule 117, Sec. otherwise terminated without his express consent,
6). the conviction or acquittal shall be a bar to another
prosecution for:
Exception/s: When the ground relied upon is: 1. The offense charged
1. Extinction of criminal action or liability 2. Any attempt to commit the same or frustration
2. Double Jeopardy thereof
a. Accused has been previously convicted or 3. Any offense which necessarily includes or is
acquitted of the offense charged necessarily included in the offense charged
(Rule 117, Sec. 7).
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No double jeopardy attaches as long as there is However, there are two (2) exceptions to the
variance between the elements of the two offenses foregoing rule, and double jeopardy may attach
charged (Braza v. Sandiganbayan, G.R. No. even if the dismissal of the case was with the
195302, 2013) consent of the accused: first, when there is
insufficiency of evidence to support the charge
Requisites to Raise Double Jeopardy: against him; and second, where there has been an
1. First jeopardy must have attached unreasonable delay in the proceedings, in violation
a. Accused must have been convicted or of the accused's right to speedy trial.(Saldariega v.
acquitted, or the case against him was Panganiban, G.R. No. 211933 & 211960, 2015)
dismissed or terminated without his express
consent When Double Jeopardy Shall Not Apply
b. Made by a court of competent jurisdiction Despite a Prior Conviction
c. Valid complaint or information 1. Graver offense developed due to supervening
d. Accused has been arraigned (People v. facts arising from the same act or omission
Obsania, G.R. No. L-24447, June 29, 1968) constituting the former charge
2. First jeopardy must have been validly 2. Facts constituting graver charge were
terminated discovered only after a plea was entered in the
3. The second jeopardy must be for the same former complaint or information
offense or the second offense includes or is 3. Plea of guilty to a lesser offense was made
necessarily included in the offense charged in without consent of the prosecutor and of the
the first information or is an attempt or offended party except if they fail to appear in
frustration thereof (Rule 117, Sec. 7). any of these cases, where the accused
satisfies or serves the whole or in part the
An offense charged necessarily includes the judgment, he shall be credited with the same in
offense proved when some of the essential the event of conviction for the graver offense
elements or ingredients of the former, as alleged (Rule 117, Sec. 7)
in the complaint or information, constitute the 4. Prior conviction was not made by a competent
latter. court.
An offense charged is necessarily included in the In a case, MeTC took cognizance of the
offense proved, when the essential ingredients of Information for reckless imprudence resulting
the former form part of those constituting the latter in parricide while the criminal case for parricide
(Rule 120, Sec. 5). was still pending before the RTC.
The proscription against double jeopardy As the offense of reckless imprudence resulting
presupposes that an accused has been previously in parricide was included in the charge for
charged with an offense, and the case against him intentional parricide pending before the RTC,
is terminated either by his acquittal or conviction, the MeTC clearly had no jurisdiction over the
or dismissed in any other manner without his criminal case filed before it, the RTC having
consent. retained jurisdiction over the offense to the
exclusion of all other courts. The requisite that
As a general rule, the following requisites must be the judgment be rendered by a court of
present for double jeopardy to attach: (1) a valid competent jurisdiction is therefore absent.
indictment, (2) before a court of competent (Heirs of Jane Honrales vs. Honrales, G.R. No.
jurisdiction, (3) the arraignment of the accused, (4) 182651, 2010)
a valid plea entered by him, and (5) the acquittal
or conviction of the accused, or the dismissal or CA’s order of remanding and reshuffling a case to
termination of the case against him without his another RTC branch does not constitute double
express consent. jeopardy because it has not yet attained finality
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and still subject of review. (Villalon v. Chan, G.R. resulting in injury or homicide), for it merely
No. 196508, 2014). determines the penalty.
Where Double Jeopardy Not Applicable Ex: Conviction of reckless imprudence resulting in
1. Preliminary investigation stage slight physical injuries shall bar prosecution for
2. Administrative cases reckless imprudence resulting in homicide and
3. Civil aspect of the criminal case damage to property. (Ivler v. Modesto-San Pedro,
G.R. No. 172716, 2010)
Dismissal Must Be Without the Express
Consent of the Accused 6. PROVISIONAL DISMISSAL
General Rule: The termination of the case must
be without the express consent of the accused so Contemplates that the dismissal of the criminal
that jeopardy will attach (Rule 117, Sec. 7). action is not permanent and can be revived within
Exceptions: Dismissal is equivalent to acquittal the period set by the Rules of Court.
even with the accused’s consent if grounded on:
1. Speedy trial Requisites of a Provisional Dismissal
2. Demurrer to evidence (People v. Bans, G.R. 1. Consent of the prosecutor
No. 104147, 8 December 1994) 2. Consent of the accused;
3. Notice to the offended party; and
In an appeal by an accused, he waives his right 4. Public prosecutor is served with a copy of the
not to be subject to double jeopardy. order of provisional dismissal (Rule 117, Sec.
An appeal in a criminal case opens the entire case 8).
for review on any question including one not raised
by the parties. When an accused appeals from the Examples on Grounds on Which Provisional
Dismissal May Be Granted
sentence of the trial court, he waives the
constitutional safeguard against double jeopardy 1. Prosecution was not prepared for trial
and throws the whole case open to the review of 2. Repeated absences in court
the appellate court, which is then called upon to 3. Witness did not appear at the trial
render such judgment as law and justice dictate,
whether favorable or unfavorable to the appellant. When Provisional Dismissal Becomes
(People v. Torres, G.R. No. 189850, 2014). Permanent (Rule 117, Sec. 6)
The provisional dismissal shall become
Rules Regarding State Witnesses permanent if not revived within:
An order discharging an accused as a state PERIOD OF NON
PENALTY
witness amounts to an acquittal, hence double REVIVAL
jeopardy will apply. Penalty is 6 years and 1 year after issuance of
below, or a fine of any order
If the state witness fails or refuses to testify against amount, or both
his co-accused in accordance with his sworn Penalty exceeds 6 2 years after issuance
statement, he may be prosecuted again (Rule 119, years of order
Sec. 19).
One year shall start from the receipt of the
Double Jeopardy in Quasi-Offenses prosecutor of the order of provisional
Once convicted or acquitted of a specific act of dismissal
reckless imprudence the accused may not be Rule 117, Sec. 8 provides that, “The provisional
prosecuted again for the same act. dismissal of offenses punishable by imprisonment
not exceeding six (6) years or a fine of any amount,
Only the single act of recklessness is punished or both, shall become permanent one (1) year after
and not the effect/s thereof (damage to property, issuance of the order without the case having been
revived.”
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However, the provision should be construed to When New Preliminary Investigation if Case is
mean that the order of dismissal shall become Reinstated
permanent one year after service of the order of 1. Original witnesses or some of them recant their
dismissal on the public prosecutor who has control testimony, are no longer available (died), or
of the prosecution without the criminal case having when new witnesses have emerged
been revived. The public prosecutor cannot be 2. Other persons are charged under the new
expected to comply with the timeline unless he is complaint
served with a copy of the order of dismissal. (Co v. 3. Original charge has been upgraded
New Prosperity Plastic Products, G.R. No. 4. Criminal liability of the accused has been
183994, 2014). upgraded (ex. accomplice principal) (People v.
Lacson, G.R. No. 149453, April 1, 2003).
Note: When a criminal case is provisionally
dismissed with the express consent of the Quashal vs. Provisional Dismissal
accused, the case may be revived by the State If the problem relates to an intrinsic or extrinsic
within the time prescribed by the rules. There is no deficiency of the complaint or information, as
violation of due process as long as the revival of a shown on its face, the remedy is a motion to quash
provisionally dismissed complaint was made under the terms of Section 3, Rule 117. All other
within the time-bar provided under the law. reasons for seeking the dismissal of the complaint
(Saldariega v. Panganiban, GR Nos. 211933 & or information, before arraignment and under the
211960, 2015) circumstances outlined in Section 8, fall under
provisional dismissal. (Los Baños v. Pedro, G.R
Time-Bar Rule on Provisional Dismissal No. 173588, 2009)
A motion to withdraw information differs from a
motion to dismiss. While both put an end to an Additional Rules on Provisional Dismissal
action filed in court, their legal effect varies. (Sec. 10, A.M. No. 12-11-2-SC, 2014)
(a) When the delays are due to the absence of an
ORDER GRANTING essential witness whose whereabouts are
ORDER GRANTING MOTION TO unknown or cannot be determined and, therefore,
MOTION TO DISMISS WITHDRAW are subject to exclusion in determining compliance
INFORMATION with the prescribed time limits which caused the
Attains finality fifteen Attains finality after trial to exceed one hundred eighty (180) days, the
(15) days after receipt fifteen (15) days from court shall provisionally dismiss the action with the
thereof, with prejudice receipt thereof, without express consent of the detained accused.
to the re-filing of the prejudice to the re- (b) When the delays are due to the absence of an
same case once such filing of the essential witness whose presence cannot be
order achieves finality. information upon obtained by due diligence though his whereabouts
reinvestigation. are known, the court shall provisionally dismiss the
action with the express consent of the detained
Motion to Withdraw Information falls within the accused provided:
ambit of Section 8, Rule 117 of the Revised Rules (1) the hearing in the case has been previously
of Criminal Procedure which provides that the law twice postponed due to the non-appearance of
on provisional dismissal becomes operative once the essential witness and both the witness and
the judge dismisses, with the express consent of the offended party, if they are two different
the accused and with notice to the offended party persons, have been given notice of the setting
(Torres, Jr. vs. Aguinaldo, G.R. No. 164268, of the case for third hearing, which notice
2005). contains a warning that the case would be
dismissed if the essential witness continues to
be absent; and
(2) there is proof of service of the pertinent
notices of hearings or subpoenas upon the
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essential witness and the offended party at Note: No evidence shall be allowed to be
their last known postal or e-mail addresses or presented and offered during the trial other
mobile phone numbers. than those identified and marked during pre-
(c) For the above purpose, the public or private trial, except when allowed by the court for good
prosecutor shall first present during the trial the cause shown (I-B (2), A.M. No. 03-1-09-SC).
essential witness or witnesses to the case before 4. Waiver of objections to admissibility of
anyone else. An essential witness is one whose evidence
testimony dwells on the presence of some or all of 5. Modification of the order of trial if the accused
the elements of the crime and whose testimony is admits the charge but interposes a lawful
indispensable to the conviction of the accused. defense
6. Such matters as will promote a fair and
expeditious trial of the criminal and civil aspects
of the case (Rule 118, Sec. 1).
I. PRE-TRIAL
During the pre-trial, the judge shall be the one to
Courts where Pre-Trial is Mandatory
ask questions on issues raised therein and all
1. Sandiganbayan
questions must be directed to him to avoid
2. Regional Trial Court
hostilities between parties. (I-B[7], A.M. No. 03-1-
3. Metropolitan Trial Court, Municipal Trial Court
09-SC)
in Cities, Municipal Trial Court, Municipal
Circuit Trial Court (Rule 118, Sec. 1)
All proceedings during the pre-trial shall be
recorded, the transcripts prepared and the minutes
Purpose of Pre-Trial:
signed by the parties and/or their counsels. (I-B[9],
Pre-trial is not a mere technicality in court
A.M. No. 03-1-09-SC)
proceedings for it serves a vital objective: the
simplification, abbreviation, and expedition of trial, 2. WHAT THE COURT SHOULD DO WHEN
if not indeed its dispensation. (Tolentino v. Heirs of PROSECUTION AND OFFENDED PARTY
Laurel-Ascalon, G.R. No. 181368, 2012). AGREE TO THE PLEA OFFERED BY THE
ACCUSED
Period of Pre-trial
General Rule: Both the pre-trial and arraignment Plea Bargaining
must be set within 30 days from the date the court The process whereby the accused, the offended
acquires jurisdiction over the person of the party, and the prosecution work out a mutually
accused (A.M. No. 15-06-10-SC, III.8.(a)). satisfactory disposition of the case subject to court
approval.
Exceptions:
1. A shorter period is provided for in special law Duty of the court when the prosecution and the
or circulars of the Supreme Courts; offended party agree to the plea offered by the
2. If the accused is under preventive detention, accused
the arraignment and pre-trial shall be set within 1. During the pre-trial, the judge shall consider
10 days of the Court’s receipt of the case (A.M. plea bargaining arrangements except in cases
No. 15-06-10-SC, III.8.(a)) for violations of the Comprehensive Dangerous
Drugs Act of 2002.
1. MATTERS TO BE CONSIDERED DURING Note: Section 23 of the Comprehensive
PRE-TRIAL Dangerous Drugs Act of 2002 was declared
unconstitutional for being contrary to the rule-
The matters considered in a pre-trial are:
making authority of the Supreme Court under
1. Plea bargaining
Section 5 (5), Article VIII of the 1987
2. Stipulation of facts
Constitution. Sec. 23 provides, Any person
3. Marking for identification of evidence
charged under any provision of this Act
regardless of the imposable penalty shall not
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be allowed to avail of the provision on plea- grams or more but not

bargaining.” exceeding 500 grams
2. If a plea bargaining is agreed upon, the court Section 12. Section 15. Use of
shall: Possession of Dangerous Drugs
a. Issue an order to that effect; Equipment,
b. Proceed to receive evidence on the civil Apparatus and Other
aspect of the case; and Paraphernalia for
c. Render and promulgate judgment of Dangerous Drugs
conviction, including the civil liability or Section 14. Section 15. Use of
damages duly established by the evidence. Possession of Dangerous Drugs
(I-B[5], A.M. No. 03-1-09-SC) Equipment,
Apparatus and Other
A.M. No. 18-03-16-SC (Adoption of the Plea Paraphernalia for
Bargaining Framework in Drugs Cases) Dangerous Drugs
Only the following acts punished under the during Parties, Social
Comprehensive Dangerous Drugs Acts may be Gatherings or
the subject of plea-bargaining. Meetings
Section 5. Sale, Section 12.
Acceptable Plea Trading, etc. of Possession of
Offense Charged
Bargain Dangerous Drugs Equipment,
Section 11, par. 3. Section 12. (Methamphetamine Instrument,
Possession of Possession of hydrochloride or Apparatus and Other
Dangerous Drugs Equipment, shabu only) Paraphernalia for
(Where quantity of Instrument, Dangerous Drugs
shabu, opium, Apparatus and Other .01 gram to .99 grams
morphine, heroin, Paraphernalia for (methamphetamine
cocaine is less than 5 Dangerous Drugs hydrochloride or
grams) shabu only)
Section 11, par. 3. Section 12. Section 5. Sale, Section 12.
Possession of Possession of Trading, etc. of Possession of
Dangerous Drugs Equipment, Dangerous Drugs Equipment,
(Where quantity of Instrument, (Marijuana only) Instrument,
marijuana is less than Apparatus and Other Apparatus and Other
300 grams) Paraphernalia for .01 gram to 9.99 Paraphernalia for
Dangerous Drugs grams of marijuana Dangerous Drug
Section 11, par. 2. Section 11, par. 3. only
Possession of Possession of
Dangerous Drugs Dangerous Drug When plea bargaining fails
(Where quantity of Adopt the minutes of preliminary conference as
shabu, opium, part of the pre-trial proceedings, confirm markings
morphine, heroin, of exhibits or substituted photocopies and
cocaine is 5 grams or admissions on the genuineness and due execution
more but not of documents and list object and testimonial
exceeding 10 grams) evidence. (I-B[6a], A.M. No. 03-1-09-SC)
Section 11, par. 2. Section 11, par. 3.
Possession of Possession of
Dangerous Drugs Dangerous Drugs
(Where the quantity of
marijuana is 300
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3. PRE-TRIAL AGREEMENT despite the absence of the accused and/or private

complainant, provided they were duly notified of
All agreements or admissions made or entered the same, and the counsel for the accused, as well
during the pre-trial conference shall be: as the public prosecutor, are present.
1. Reduced in writing; AND
2. Signed by the accused AND counsel (Rule Note: In A.M. No. 15-06-10-SC (Revised
118, Sec. 1). Guidelines for Continuous Trial in Criminal
Cases, 2017) – The pre-trial Order shall
Otherwise, they cannot be used against the immediately be served upon the parties and
accused. The agreements covering matters in a counsel on the same day after the termination
pre-trial shall be approved by the court. of the pre-trial.
But admissions during trial binds the accused 5. PRE-TRIAL ORDER

even if it is not in writing or signed.
Issued within 10 days after termination of pre-trial
4. NON-APPEARANCE DURING PRE-TRIAL conference (A.M. No. 03-1-09-SC, Guidelines to
be Observed by Trial Court Judges and Clerks of
The court may impose proper sanction or Court in the Conduct of Pre-Trial and Use of
penalties, if the counsel or prosecutor absent does Deposition-Discovery Measures as cited in Alviola
NOT offer an acceptable excuse (Rule 118, Sec. v. Avelino, A.M. No. MTJ-P-08-1697, 2008)
3).
Sets forth:
Note: There is NO similar provision on sanctions 1. Actions taken during the pre-trial conference
and penalties in civil cases. 2. Facts stipulated
3. Admissions made
The absence during pre-trial of any witness for the 4. Evidence marked
prosecution is NOT a valid ground for the 5. Witnesses to be presented
dismissal of a criminal case. The presence of the 6. Schedule of the trial
private complainant or the complaining witness is
not required. Even the presence of the accused is Note: Nos. 4-6 are added by A.M. No. 03-1-09-
NOT required unless directed by the trial court. It SC, to the requirements under Sec. 4, Rule 118
is enough that the accused is represented by his
counsel. (People v. Tac-an, G.R. No. 148000, Pre-trial order is not necessary to make pre-trial
2003) stipulations binding. The court’s approval,
mentioned in the last sentence of Sec. 2, Rule 118,
If the counsel for the accused/prosecutor does is not needed to make the stipulations binding on
NOT appear at the pre-trial conference and does the parties. Such approval is necessary merely to
NOT offer an acceptable excuse for his lack of emphasize the supervision by the court over the
cooperation, the court may sanction/penalize case and to enable it to control the flow of the
counsel for the accused if any of the following proceedings. (Bayas v. Sandiganbayan, G.R No.
concur: 143689-91, 2002)
1. Counsel does NOT appear at the pre-trial
conference; AND The trial court may properly deny defense
2. Counsel does NOT offer an acceptable counsel’s motion for substitution of witnesses
excuse. (Atty. Emelia H. Garayblas and Atty. since Section 4, Rule 118 of the Revised Rules on
Renato G. dela Cruz v. Hon. Gregory Ong, et Criminal Procedure mandates that the matters
al., G.R. No. 174507-30, 2011) agreed upon in the pre-trial conference and as
stated in the pre-trial order shall bind the parties.
Note: In A.M. No. 15-06-10-SC, 2017: Revised (People v. Guzman, G.R. No. 169246, 2007)
Guidelines for Continuous Trial in Criminal Cases,
2017 – The court shall proceed with the pre-trial
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Pre-trial in Civil and Criminal Cases counsel, otherwise,

CIVIL CASE CRIMINAL CASE they cannot be used
No motion ex parte against the accused
OTHER MATTERS
Set by the court not Ordered by the court
later than 60 days from after arraignment and CONSOLIDATED AND REVISED GUIDELINES
the filing of the last within 30 days from the TO IMPLEMENT THE EXPANDED COVERAGE
responsive pleading date the court acquires OF COURT-ANNEXED MEDIATION (CAM) AND
jurisdiction over the JUDICIAL DISPUTE RESOLUTION (JDR) (A.M.
person of the accused, No. 11-1-6-SC)
unless a shorter period Court Annexed Mediation is a mediation
is provided for in presided over by an accredited mediator (Sec. 1.2)
special laws
Consider the propriety Does not consider the Judicial Dispute Resolution is a mediation
of rendering a propriety of rendering a presided over by the judge (Sec. 1.2)
judgment on the judgment on the
pleadings or a pleadings or a Mediation and conciliation at the level of the judge
summary judgment summary judgment would contribute significantly to the:
Consider the Does not consider the 1. Satisfaction of litigants
possibility of an possibility of an 2. Help decongest the dockets of the judiciary
amicable settlement or amicable settlement or 3. Expedite the resolution of cases
of a submission to of a submission to
alternative modes of alternative modes of Mandatory Subject of CAM and JDR
dispute resolution dispute resolution (1) All civil cases and the civil liability of criminal
If the plaintiff and his Sanction is upon the cases covered by the Rule on Summary
counsel fails to appear counsel of the accused Procedure, including the civil liability for
without valid cause, it or the prosecutor violation of B.P. 22, except those which by
shall result in the law may not be compromised;
dismissal of the action; (2) Special proceedings for the settlement of
estates;
If the defendant and (3) All civil and criminal cases filed with a
his counsel fails to certificate to file action issued by the Punong
appear without valid Barangay or the Pangkat ng
vause, plaintiff shall be Tagapagkasundo under the
allowed to present Revised Katarungang Pambarangay Law;
evidence ex parte and (4) The civil aspect of Quasi-Offenses under Title
the court shall render 14 of the Revised Penal Code;
judgment based (5) The civil aspect of less grave felonies
thereon. punishable by correctional penalties not
Parties are required to No mention of exceeding 6 years imprisonment, where the
file and serve their submission of pre-trial offended party is a private person;
respective pre-trial briefs (6) The civil aspect of estafa, theft and libel;
briefs (7) All civil cases and probate proceedings,
No such stipulation as All agreements or testate and intestate, brought on appeal from
that indicated in the admissions made or the exclusive and original jurisdiction granted
next box. entered during the pre- to the first level courts under Section 33, par.
trial shall be reduced in (1) of the Judiciary Reorganization Act of
writing and signed by 1980;
the accused and
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(8) All cases of forcible entry and unlawful Procedure for CAM
detainer brought on appeal from the exclusive 1. ORDER FOR MEDIATION
and original jurisdiction granted to the first After the last pleading has been filed, the judge
level courts under Section 33, par. (2) of the shall issue an order requiring the parties to
Judiciary Reorganization Act of 1980; forthwith appear before the concerned Philippine
(9) All civil cases involving title to or possession Mediation Center (PMC) Unit staff to start the
of real property or an interest therein brought process for the settlement of their dispute through
on appeal from the exclusive and original mediation
jurisdiction granted to the first level courts 2. PERSONAL APPEARANCE
under Section 33, par. (3) of the Judiciary a. Natural Persons – they are required to
Reorganization Act of 1980; and personally appear, unless they execute an SPA
(10) All habeas corpus cases decided by the first in favor of his or her representative
level courts in the absence of the Regional b. Juridical Entities - represented by a ranking
Trial Court judge, that are brought up on corporate officer fully authorized by a Board
appeal from the special jurisdiction granted to Resolution
the first level courts under Section 35 of the 3. MEDIATION PROPER
Judiciary Reorganization Act of 1980 (Sec. The Mediator shall have a period of not exceeding
3). thirty (30) days to complete the mediation process.
Such period shall be computed from the date when
Cases which cannot be referred to CAM and the parties first appeared for the initial conference
JDR as stated in the Order to appear. An extended
1. Civil cases which by law cannot be period of another thirty (30) days may be granted
compromised (Article 2035, New Civil Code); by the court, upon motion filed by the Mediator,
2. Other criminal cases not covered under with the conformity of the parties.
paragraphs 3 to 6 above;
3. Habeas Corpus petitions; 4. IF NO SETTLEMENT REACHED
4. All cases under Republic Act No. The case must be returned to the referring judge.
9262 (Violence against Women and Children); 5. IF SETTLEMENT IS REACHED
and The parties, assisted by their respective counsels,
5. Cases with pending application for Restraining shall draft the compromise agreement which shall
Orders/Preliminary Injunctions be submitted to the court for judgment upon
compromise or other appropriate action. Where
However, in cases covered under 1, 4 and 5 where compliance is forthwith made, the parties shall
the parties inform the court that they have agreed instead submit a satisfaction of claims or a mutual
to undergo mediation on some aspects withdrawal of the case and, thereafter, the court
thereof, e.g.,custody of minor children, separation shall enter an order dismissing the case.
of property, or support pendente lite, the court
shall refer them to mediation (Sec. 3). If partial settlement is reached, the parties shall,
with the assistance of counsel, submit the terms
thereof for the appropriate action of the court,
without waiting for resolution of the unsettled part.
In relation to the unsettled part of the dispute, the

court shall proceed to conduct JDR proceedings in
accordance with PART THREE hereof where JDR
is available.
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Judicial Dispute Resolution 2. SETTLEMENT OF CASES
Who may conduct a. Criminal Cases

All judges who have undergone orientation in JDR
procedures and completed their training in If settlement is reached on the civil aspect of
mediation, conciliation and neutral evaluation, are the criminal case, the parties, assisted by their
authorized to conduct JDR proceedings. respective counsels, shall draft the
compromise agreement which shall be
Note: The judge to whom the case has been submitted to the court for appropriate action.
originally raffled, who shall be called the JDR
Judge, shall preside over the first stage - from the Action on the criminal aspect of the case will be
filing of a complaint to the conduct of CAM and determined by the Public Prosecutor, subject to
JDR during the pre-trial stage. The judge, who the appropriate action of the court.
shall be called the trial judge, shall preside over
the second stage - pre-trial proper to trial and If settlement is not reached by the parties on
judgment the civil aspect of the criminal case, the JDR
judge shall proceed to conduct the trial on the
Order Pre-setting the Case for JDR merits of the case should the parties file a joint
The pre-setting of the case for JDR shall not be written motion for him to do so, despite
earlier than forty-five (45) days from the time the confidential information that may have been
parties first personally appear at the PMCU so that divulged during the JDR proceedings.
JDR will be conducted immediately if the parties Otherwise, the JDR Judge shall turn over the
do not settle at CAM. case to a new judge by re-raffle in multiple sala
courts or to the originating court in single sala
Procedure courts, for the conduct of pre-trial proper and
1. DURATION trial.
a. First Level Court Judges shall have a period
of not exceeding thirty (30) days, 3. NO SETTLEMENT REACHED
b. Second Level Court Judges shall have a Where no settlement or only a partial settlement
period of not exceeding sixty (60) days. was reached, and there being no joint written
c. A longer period, however, may be granted motion submitted by the parties, as stated in the
upon the discretion of the JDR judge if there last preceding paragraphs, the JDR judge shall
is a high probability of settlement and upon turn over the case to the trial judge, determined by
joint written motion of the parties re-raffle in multiple sala courts or to the originating
d. As far as practicable, JDR conferences shall court in single sala courts, as the case may be, to
be set not more than two (2) weeks apart so conduct pre-trial proper, as mandated by Rules 18
as to afford the parties ample time to and 118 of the Rules of Court.
negotiate meaningfully for settlement.
e. In criminal cases covered by CAM and JDR, 4. RAFFLE
where settlement on the civil aspect has a. Multiple Sala Court — If the case is not
been reached but the period of payment in resolved during JDR, it shall be raffled to
accordance with the terms of settlement another branch for the pre trial proper 16 up to
exceeds one (1) year, the case may be judgment.
archived upon motion of the prosecution,
with notice to the private complainant and For cases with pending applications for
approval by the judge. restraining orders/preliminary injunctions, the
judge to whom the case was raffled shall rule
on the said applications. During the pre-trial
stage, the judge refers the case to CAM, but if
the parties do not settle at CAM, the case will
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be raffled to another branch for JDR. If the d. Commercial, Intellectual Property, and
parties do not settle at JDR, the case will be Environmental Courts — Unless otherwise
returned to the branch that ruled on the agreed upon as provided below, the JDR
applications for the pre-trial proper and up to proceedings in areas where only one court is
judgment. 17 designated as commercial/intellectual
property/environmental court, hereafter
b. Single Sala Court. — Unless otherwise agreed referred to as special court, shall be conducted
upon as provided below, the JDR proceedings by another judge through raffle and not by the
will be conducted by the judge of the pair court, judge of the special court. Where settlement is
if any, otherwise, by the judge of the nearest not reached, the judge of the special court shall
court as determined by the concerned be the trial judge. Any incident or motion filed
Executive Judge. The JDR proceedings shall before the pre-trial stage shall be dealt with by
be conducted at the station where the case was the special court that shall refer the case to
originally filed. The result of the JDR CAM.
proceedings shall be referred to the court of
origin for appropriate action, e.g., approval of Notwithstanding the foregoing, before
the compromise agreement, trial, etc. commencement of the JDR proceedings, the
parties may file a joint written motion
Notwithstanding the foregoing, before the requesting that the special courts to which the
commencement of the JDR proceedings, the case was originally raffled shall conduct the
parties may file a joint written motion JDR proceedings and trial.
requesting that the court of origin conduct the
JDR proceedings and trial.
c. Family Courts — Unless otherwise agreed J. TRIAL

upon as provided below, the JDR proceedings
Consolidation of Trials of Related Offenses
in areas where only one court is designated as
Charges for offenses founded on the same facts
a family court, shall be conducted by a judge of
or forming part of a series of offenses of similar
another branch through raffle. However, if there
character may be tried jointly at the discretion of
is another family court in the same area, the
the court (Rule 119, Sec. 22).
family court to whom the case was originally
raffled shall conduct JDR proceedings and if no
Trial of Several Accused
settlement is reached, the other family court
shall conduct the pre-trial proper and trial.
General Rule: When two accused are jointly
charged with an offense, joint trial is automatic,
Notwithstanding the foregoing, before
without need of court order.
commencement of the JDR proceedings, the
parties may file a joint written motion
Exception: The court, in its discretion, AND upon
requesting that the family court to which the
motion of the prosecutor or any accused, orders
case was originally raffled shall conduct the
separate trial (Rule 119, Sec. 16).
JDR proceedings and trial.
A motion for separate trial must be filed before the
Despite the non-mediatable nature of the
commencement of trial and cannot be raised for
principal case, like annulment of marriage,
the first time on appeal.
other issues such as custody of children,
support, visitation, property relations and
Even if a joint trial is conducted, the accused can
guardianship, may be referred to CAM and
always be permitted to present evidence
JDR to limit the issues for trial.
separately.
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Periods Relevant to Trial 7. Reasonably attributable to any period, not

ACTION FROM DAYS exceeding 30 days
Prepare for Plea of not at least 15
trial guilty B. Delay resulting from absence or
Initiate trial Receipt of within 30 unavailability of an essential witness
pre-trial order
Trial period First day of 180* ABSENT UNAVAILABLE
trial
(Rule 119, Secs. 1-2). Whereabouts are Whereabouts are
unknown or known but his
Except when: whereabouts cannot presence for trial
1. Authorized by the SC be determined by due cannot be obtained by
2. Exclusions diligence due diligence
A violation of Section 1, Rule 119 - time to prepare NOTE:

for trial, or the total absence of notice of trial, is a (a) When the delays are due to the absence of an
denial of due process and a new trial may be essential witness whose whereabouts are
granted. (People v. Magdang, et al., G.R. No. L- unknown or cannot be determined and, therefore,
836, 1950) are subject to exclusion in determining compliance
with the prescribed time limits which caused the
It shall be the duty of the trial court, the public or trial to exceed one hundred eighty (180) days, the
private prosecutor, and the defense counsel to court shall provisionally dismiss the action with the
ensure, subject to the excluded delays specified in express consent of the detained accused.
Rule 119 of the RoC and the Speedy Trial Act of (b) When the delays are due to the absence of an
1998, to observe the following the prescribed essential witness whose presence cannot be
period for the conduct of trial (Section 8, A.M. No. obtained by due diligence though his whereabouts
12-11-2-SC, 2014) are known, the court shall provisionally dismiss the
action with the express consent of the detained
The case against the detained accused may be accused provided:
dismissed on ground of denial of the right to (1) the hearing in the case has been previously
speedy trial in the event of failure to observe the twice postponed due to the non-appearance of
above time limits (Section 9, A.M. No. 12-11-2-SC, the essential witness and both the witness and
2014). the offended party, if they are two different
persons, have been given notice of the setting
Exclusions (Rule 119, Sec. 3) of the case for third hearing, which notice
The following shall be excluded in computing the contains a warning that the case would be
180-day period: dismissed if the essential witness continues to
be absent; and
A. Delay by reason of the accused (2) there is proof of service of the pertinent
notices of hearings or subpoenas upon the
1. Examination of the physical and medical essential witness and the offended party at
condition their last known postal or e-mail addresses or
2. Proceedings with respect to other criminal mobile phone numbers (Sec. 10, A.M. No. 12-
charges 11-2-SC, 2014).
3. Extraordinary remedies and interlocutory
orders C. Mental incompetence or physical inability
4. Pre-trial proceedings not exceeding 30 days of the accused to stand trial
5. Orders of inhibition, or proceedings related to
change of venue or transfer from other courts D. Information dismissed upon motion of the
6. Existence of a prejudicial question prosecutor
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And thereafter a charge is filed against the Public Attorney’s Duties Where Accused Is
accused for the same offense, any period of delay Imprisoned
from the date the charge was dismissed to the If the public attorney assigned to defend a person
date the time limitation would commence to run as charged with a crime knows that the latter is
to the subsequent charge had there been no preventively detained, either because he is
previous charge. charged with a bailable crime but has NO means
to post bail or is charged with a non-bailable crime,
E. Accused is joined for trial with a co- or, is serving a term of imprisonment in any penal
accused institution, it shall be his duty to do the following:
When applicable: 1. Promptly obtain his presence for trial or give
1. Court has not acquired jurisdiction over co- notice to person having custody to advise the
accused, or prisoner of his right to demand trial
2. Co-accused’s trial has not run and no motion 2. If the prisoner demands trial, the custodian
for separate trial has been granted shall notify the lawyer of such demand
3. Upon receipt of notice, public attorney shall
F. Continuance obtain presence of the prisoner for trial; and
Granting of postponement by the court is 4. The custodian shall make the accused
discretionary. available for trial upon receipt of such notice
(Rule 119, Sec. 7).
Factors:
REASONABLE NOT JUSTIFIED BY Grounds and Sanctions
If the private counsel for the accused, the public
• If failure to grant a • Congestion of court’s attorney, or the prosecutor:
continuance would dockets 1. Knowingly allows the case to be set for trial
likely make a • Lack of diligent without disclosing that a necessary witness
continuation of such preparation would be unavailable
proceeding • Failure to obtain 2. Files a frivolous motion (and without merit)
impossible or result witness for solely for delay;
to miscarriage of prosecution 3. Makes a false statement to obtain continuance;
justice OR
• Case is novel, 4. Willfully fails to proceed to trial without
unusual and justification (Rule 119, Sec. 8).
complex, due to the
number of accused Then the court may punish such counsel, attorney,
or nature of the or prosecutor, as follows:
prosecution PERSON SANCTIONS
Private • Max fine of P20,000
defense • Criminal sanctions if any
Time Limit Following Order for New Trial
counsel
General Rule: Trial shall commence within 30
Counsel • Max fine of P5,000
de oficio, • Criminal sanctions if any
days from notice of the new trial order
PAO or
prosecutor
Exception/s: Within 180 days if:
1. Period impractical due to unavailability of
Defense • Denial of the right to practice
witness counsel or before the court trying the case
2. Other factors (Rule 119, Sec. 5). prosecutor for a max of 30 days
• Criminal sanctions if any
The Modes of Discovery under Rules 23 to 29 do

not apply to criminal procedure. The applicable
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provision is Sections 12 and 13 of Rule 119. (Go and the eventual invalidation of its ruling. (Ibanez
v. People, G.R. No. 185527, 2014) v. People, G.R. No. 190798, 2016)
Note: In People v. Sergio, the court ruled that 1. INSTANCES WHEN PRESENCE OF
extraordinary factual circumstances surrounding ACCUSED IS REQUIRED BY LAW
the case, where the witness Mary Jane Veloso is
currently imprisoned in another country and Accused is required to be present during:
awaiting execution by firing squad, warrant the 1. At arraignment and plea, whether of innocence
resort to Rule 25 of the Rules of Court allowing or of guilt;
deposition by written interrogatories.(People v. 2. Whenever required by the court for purposes of
Sergio, G.R. No. 240053, 2019) identification; and at
3. Promulgation of sentence.
Note: The right to counsel attaches upon the start Exception: In light offenses, when the accused
of the custodial investigation, i.e., when the may appear by counsel or representative.
investigating officer starts to ask questions to elicit (People v. De Grano, G.R. No. 167710, June 5,
information and/or confessions or admissions from 2009)
the accused. Custodial investigation starts when
the police investigation is no longer a general Note: The constitutional right of an accused
inquiry into an unsolved crime but has begun to against self-incrimination proscribes the use of
focus on a particular suspect taken into custody by physical or moral compulsion to extort
the police who starts the interrogation and communications from the accused and not the
propounds questions to the person to elicit inclusion of his body in evidence when it may be
incriminating statements. Police line-up is not part material. Thus, cases where non-testimonial
of the custodial investigation; hence, the right to compulsion has been allowed reveal that the
counsel guaranteed by the Constitution cannot yet pieces of evidence obtained must be material to
be invoked at this stage. (People v. Pepino, G.R. the principal cause of the arrest.
No. 174471, 2016)
In one case, since the urine sample for drug
Note: In the case of Ibanez v. People, since the testing is immaterial to the charge of extortion,
beginning of the proceedings in the trial court until there is a violation against right to self-
the filing of the petition before the Supreme Court, incrimination. The evidence is inadmissible. (Dela
three counsel de oficio were appointed to Cruz v. People, G.R. No. 200748, 2014)
represent the accused. Their counsel de oficio
2. REQUISITE BEFORE TRIAL CAN BE
actively participated in the proceedings before the
SUSPENDED ON ACCOUNT OF ABSENCE
trial court including the direct and cross-
OF WITNESS
examination of the witnesses. The accused were
duly represented by a counsel de oficio all
Requisites before trial can be suspended on
throughout the proceedings except for one hearing account of absence of witness
when their court appointed lawyer was absent. 1. Witness is essential
Going by the records, there was no indication that
2. The party who applies has been guilty of no
any of the counsel de oficio had been negligent in
neglect
protecting the accused's interests. The counsel de
3. The witnesses can be had at the time to which
oficio kept on attending the trial court hearings in
the trial is deferred and incidentally that no
representation of the accused despite the latter's
similar evidence could be obtained
unjustified absences. The Court was not
4. An affidavit showing the existence of the
persuaded that the absence of the counsel de
above circumstances must be filed.
oficio in one of the hearings of amounts to a denial
of right to counsel. Nor does such absence warrant NOTE: This has been qualified by the
the nullification of the entire trial court proceedings
aforementioned rules on provisional dismissal.
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Bail to Secure Appearance of Material Witness However Go v. People is not applicable when the
When the court is satisfied, upon proof or oath, witness of the prosecution is currently imprisoned
that a material witness will not testify when in another country, sentenced to death and is only
required, it may, upon motion of either party: awaiting execution by firing squad. The
1. Order witness to post bail extraordinary factual circumstances surrounding
2. If witness refuses to post bail, court shall the case warrant the resort to Rule 23 of the Rules
commit him to prison until he complies or of Court allowing deposition by written
testifies (Rule 119, Sec. 14). interrogatories. (People v. Sergio, G.R. No.
240053, 2019)
Examination of Witness Before Trial
One-Day Examination of Witness
FOR THE
FOR THE ACCUSED The court shall strictly adhere to the rule that a
PROSECUTION
witness has to be fully examined in one (1) day
GROUNDS / WITNESS IS: (A.M. No. 15-06-10-SC, Revised Guidelines for
• Sick, infirm or Continuous Trial in Criminal Cases)
unavailable
• Resides more than Applicability of Judicial Affidavit Rule in
• Sick, infirm or Criminal Cases
100km from the
unavailable The Judicial Affidavit Rule shall apply to all
place where the
• About to depart from criminal actions:
hearing is to be
the PH with no 1. Where the maximum of the imposable penalty
conducted and has
definite date of does not exceed six years;
no means to attend
return NOTE: Under the Revised Guidelines for
the same
• Other similar Continuous Trial, in criminal cases where the
circumstances demeanor of the witness is not essential in
EXAMINATION BEFORE WHOM determining the credibility of said witness, who
will testify on the authenticity, due execution
• Any judge in the PH and the contents of public documents and
• Any lawyer good reports, and in criminal cases that are
standing designated • Before the court or transactional in character, such as falsification,
by the judge judge where the malversation, estafa, or other crimes where the
• An inferior court if case is pending culpability or innocence of the accused can be
ordered by a established through documents, the
superior court testimonies of the witnesses shall be the duly
subscribed written statements given to law
Nowhere in the said rule (119) permits the taking enforcement or peace officers or the affidavits
of deposition (for the prosecution) outside the or counter-affidavits submitted before the
Philippines whether the deponent is sick or not. investigating prosecutor, and if such are not
Certainly, to take the deposition of the prosecution available, testimonies shall be in the form of
witness elsewhere and not before the very same judicial affidavits, subject to additional direct
court where the case is pending would not only and cross-examination questions (Sec. 11 (b),
deprive a detained accused of his right to attend A.M. No. 15-06-10-SC).
the proceedings but also deprive the trial judge of 2. Where the accused agrees to the use of judicial
the opportunity to observe the prosecution affidavits, irrespective of the penalty involved;
witness' deportment and properly assess his or
credibility, which is especially intolerable when the 3. With respect to the civil aspect of the actions,
witness' testimony is crucial to the prosecution's whatever the penalties involved are. (A.M. NO.
case against the accused. (Go v. People, G.R No. 12-8-8-SC Judicial Affidavit Rule, §9)
185527, 2012)
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Order of Trial When Mistake Has Been Made in Charging the

1. Prosecution shall present evidence to prove Proper Offense
the charge and, in the proper case, the civil When accused cannot be convicted of the offense
liability. charged or any other offense included therein –
2. Accused may present evidence to prove his 1. Accused shall not be discharged if there
defense and damages, if any, arising from the appears good cause to detain him
issuance of a provisional remedy in the case. 2. Court shall:
3. Prosecution and defense may, in that order, a. Commit the accused to answer for the
present rebuttal and sur-rebuttal evidence proper offense; and
unless the court, in furtherance of justice, b. Dismiss original case upon filing of proper
permits them to present additional evidence information (Rule 119, Sec.19).
bearing upon the main issue.
4. Upon admission of the evidence of the parties, Exclusion of the Public
the case shall be deemed submitted for Judge may exclude the public from the
decision unless the court directs them to argue courtroom/trial:
orally or to submit written memoranda (Rule MOTU PROPIO MOTION OF THE
119, Sec.11). ACCUSED
The order of trial MAY be modified if the accused When evidence to be May exclude the public
admits the acts charged but interposes lawful produced is offensive to except court personnel
defenses. Hence, it is discretionary on the RTC to decency or public and the counsel of the
order the modification. Further, a Motion to morals parties
Reverse Order of Trial is interlocutory and hence (Rule 119, Sec.21).
not appealable (People v. Marcial, G.R. Nos
152864-65, 2006). Note: The Rule on Examination of a Child
Witness (A.M. NO. 004-07-SC) provides that:
In cases under Summary Procedure, affidavits When a child testifies, the court may order the
submitted by the parties shall constitute the direct exclusion from the courtroom of all persons,
testimonies of the witnesses who executed it. The including members of the press, who do not have
witness who testified may be subject to cross-
a direct interest in the case.
examination, redirect, or re-cross-examination.
Should the affiant fail to testify, his affidavit shall In making its order, the court shall consider the
not be considered as competent evidence for the
developmental level of the child, the nature of the
party presenting the affidavit, but the adverse party crime, the nature of his testimony regarding the
may utilize his affidavit for any admissible purpose. crime, his relationship to the accused and to
(Revised Rule on Summary Procedure, §15)
persons attending the trial, his desires, and the
interests of his parents or legal guardian.
Note: When the accused admits the act or
omission charged in the complaint or information 3. TRIAL IN ABSENTIA
but interposes a lawful defense, the order of trial
may be modified. An accused need not always be present in every
hearing although it is his right to be present if he
Lack of Formal Offer of Evidence During Trial so desires from arraignment to the rendition of the
Documents which may have been identified and judgment.
marked as exhibits during pre-trial or trial but
which were not formally offered in evidence cannot Requisites of a Trial in Absentia
in any manner be treated as evidence. (Heirs of 1. Accused has already been arraigned
Pasag v. Parocha, G.R. No. 155483, April 27, 2. Accused has been duly notified of the trial or
2007). hearings
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3. Absence of the accused is unjustified investigation and approval of the resolution were
(Bernardo v. People, G.R. No. 166980 already in delay, he remained indifferent with the
April 4, 2007) passage of time. Thus, accused is deemed to have
waived his right. (Republic v. Sandiganbayan
Note: While the right to be present may be waived (Special Second Division) G.R. No. 231144, 2020)
like any other right, the rule should not be taken to
mean that the accused may, as a rule, be tried in 5. REQUISITES FOR DISCHARGE OF
absence (Riano 2016 commentary, no case cited). ACCUSED TO BECOME A STATE WITNESS
Effects of trial in absentia State Witness

The accused waives the right to present evidence One of two or more persons jointly charged with
and cross-examine the witnesses against him. the commission of a crime but who is discharged
This does not mean, however, that the prosecution with his consent as such accused so that he may
is deprived of the right to require the presence of be a witness for the State (PP v. Ferrer, 1996).
the accused for purposes of identification by the
witnesses, except where he unqualifiedly admits in Requisites
open court after arraignment that he is the person For an accused to be discharged to be a state
named as defendant in the case. witness, the following elements must concur:
4. REMEDY WHEN ACCUSED IS NOT 1. There is absolute necessity for the testimony of
BROUGHT TO TRIAL WITHIN THE the accused whose discharge is requested
PRESCRIBED PERIOD Note: Absolute necessity exists for the
testimony of an accused sought to be
The information may be dismissed on the motion discharged when he or she alone has
of the accused on the ground of denial of speedy knowledge of the crime. In more concrete
trial (sec. 9, Rule 117). terms, necessity is not there when the
testimony would simply corroborate or
Note: The dismissal shall be subject to the rules otherwise strengthen the prosecution’s
on double jeopardy. evidence. (Jimenez v. People, G.R. No.
209195, 2014)
Accused has the burden of proving the motion 2. No other direct evidence available for the
BUT the prosecution has the burden of going prosecution
forward with the evidence to establish the 3. Testimony of said accused can be substantially
exclusion of time. corroborated in its material points
The rules require that the testimony of the
Substantial compliance with the time limitation accused sought to be discharged be
prescribed by the law for the resolution of the case substantially corroborated in its material points,
by the prosecutor is part of the procedural due and not on all points. (Jimenez v. People, G.R.
process guaranteed by the Constitution. Not only No. 209195, 2014)
under the broad umbrella of the due process 4. Accused does not appear to be the most guilty;
clause, but under the constitutional guarantee of AND
“speedy disposition” of cases as embodied in Note: By jurisprudence, "most guilty" refers to
Section 16 of the Bill of Rights, the inordinate delay the highest degree of culpability in terms of
is violative of the petitioner's constitutional rights. participation in the commission of the offense
(Tatad v. Sandiganbayan, G.R. No. 72335-39, and does not necessarily mean the severity of
1988) the penalty imposed. While all the accused
may be given the same penalty by reason of
Failure of the accused to move for dismissal prior conspiracy, yet one may be considered to have
to trial is a waiver of the right to dismiss. Accused lesser or the least guilt taking into account his
was well aware of the case and proceedings degree of participation in the commission of the
against him, and while the conduct of the
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offense. (Jimenez v. People, G.R. No. 209195, 4. Immunity for any person who provides
2014) information to the Presidential Commission on
5. Accused has never been convicted of a crime Good Governance (PCGG) (EO 14-A);
involving moral turpitude (Rule 119, Sec. 17). 5. Immunity under the comprehensive Dangerous
Drugs Act (RA 9165);
Two Types of Immunity 6. Immunity under the Human Security Act (RA
TRANSACTIONAL USE-AND- 9372).
IMMUNITY DERIVATIVE-USE
IMMUNITY Distinctions: Discharge as State Witness
under Rules of Court versus R.A. No. 6981
Witness can no longer Witness is only RULES OF COURT R.A. NO. 6981
be prosecuted for any assured that his or her
offense whatsoever particular testimony Who may be a State Who may be a State
arising out of the act or and evidence derived Witness: Only a Witness: Any person
transaction from it will not be used qualified accused may who has participated
against him or her in a be admitted as a State in the commission of a
subsequent Witness crime and desires to
prosecution be a State Witness. He
(Mapa v. Sandiganbayan, G.R. No. 100295 April need not be an
26, 1994) accused.
Immunity Granted Immunity Granted

6. EFFECTS OF DISCHARGE OF ACCUSED
by: Court by: DOJ
AS STATE WITNESS
When motion is filed: When application is
General Rule The prosecution, filed: The person may
1. Discharge of accused operates as an acquittal before resting its case, apply at any time with
and bar to further prosecution for the same should file a motion to the DOJ (Sec. 3, R.A.
offense (Sec. 18, Rule 119); discharge the accused No. 6981)
2. Evidence adduced in support of the discharge as state witness with
shall automatically form part of the trial (Sec. the accused’s
17, Rule 119); consent.  
3. If the court denies the motion to discharge, his
The prosecution
sworn statement shall be inadmissible in
should present
evidence (Sec. 17, Rule 119).
evidence and the
sworn statement of the
Exception
proposed state
1. When the accused fails or refuses to testify
witness.
against his co-accused in accordance with his
sworn statement constituting the basis of his Requirements: Requirements:
discharge (Sec. 18, Rule 119); See above discussion The enumeration is
the same as in the
Other Modes of Discharging the Accused as Unlike in R.A. No. Rules of Court, but
State Witness 6981, the Rules of there is an additional
1. Witness Protection Program (RA 6981); Court do not impose a requirement:
2. Granted by the Ombudsman (Sec. 17, RA qualification as to the
6770); kind of felonies The offense in which
3. Immunity for givers of bribes and other gifts and his testimony will be
to their accomplices in graft cases against used is a grave felony
public officers (PD 749); under the RPC or its
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equivalent in special certiorari under Rule 65. (People v.

laws Sandiganbayan, G.R. No. 197953, 2015)
It is doctrinal that the situations in which the writ of

certiorari may issue should not be limited. Thus,
notwithstanding the interlocutory character and
Effects: Effects: effect of the denial of the demurrers to evidence,
Unless the accused RA 6891 DOES NOT the petitioners as the accused could avail
fails or refuses to provide for acquittal as themselves of the remedy of certiorari when the
testify against his co- an effect. denial was tainted with grave abuse of discretion.
accused in (Arroyo v. People, G.R. No. 220598, 2016; Aguas
accordance with his Sec. 12 merely states v. Sandiganbayan, G.R. 220953, 2016)
sworn statement that the Court shall
constituting the basis order the discharge When Prosecution Has Rested Its Case
for his discharge, the and exclusion of the To conclude the case for the prosecution, the rules
discharge shall said accused from the require that there must have been a prior formal
operate as: information. He is offer of evidence, hence a demurrer filed before
1. An acquittal on the granted immunity from then is premature. (Valencia v. Sandiganbayan,
case; and criminal prosecution G.R. No. 165996, 2005)
2. A bar to future for the offense or
prosecution for the offenses in which his The prosecution should complete the presentation
same offense testimony will be given or offer of evidence. To grant a demurrer prior to
or used. the complete presentation of evidence by the
prosecution would be a denial of due process.
7. DEMURRER TO EVIDENCE
Effect of Grant of Demurrer
A motion to dismiss filed by the accused after the It has long been settled that the grant of a
prosecution has rested its case; the grounds being demurrer is tantamount to an acquittal. An
insufficiency of the evidence of the prosecution. acquitted defendant is entitled to the right of
repose as a direct consequence of the finality of its
The Court’s task is to ascertain if there is acquittal. (People v. Lagos, G.R. No. 184658,
competent or sufficient evidence to establish a March 6, 2013)
prima facie case to sustain the indictment or
support a verdict of guilt. (People v. An accused who files a demurrer to evidence has
Sandiganbayan, G.R. No. 197953, 2015) not yet adduced evidence on either the criminal or
civil aspects of the case. If granted, the accused is
Denial of Leave of Court Not Appealable acquitted and still has the right to submit evidence
An order denying the motion for leave of court to against the civil liability imposed. (Salazar v.
file a demurer cannot be reviewed by appeal or by People, et al., G.R. No. 151931, 2003)
certiorari before judgment for it is merely an
interlocutory order. (People v. Laguio, G.R. No. Effect of Denial of Demurrer
128587, 2007) WITH LEAVE OF WITHOUT LEAVE OF
COURT COURT
Appeal of a denial of demurrer
In criminal cases, the grant of a demurrer amounts Accused may still Accused waives the
to an acquittal, and the dismissal order may not be adduce evidence in his right to present
appealed as this would place the accused in defense evidence and submits
double jeopardy. Although the dismissal order is the case for judgment
not subject to appeal, it may be reviewed through (Rule 119, Sec. 23).
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Demurrer to Evidence in a Civil Case and further evidence

Demurrer to Evidence in a Criminal Case should be
CIVIL CASE CRIMINAL CASE terminated with 30
Based on plaintiff’s Predicated upon days from the
failure to prove his insufficiency of issuance of the
entitlement to relief evidence order (Cabarles v.
Requires no prior May be filed with or Maceda, G.R.
leave of court without leave of court 161330, February
Defendant may still Accused may adduce 20, 2007).
adduce evidence if evidence only if the
denied demurrer was filed 8. GUIDELINES ON CONTINUOUS TRIAL
with leave of court
Plaintiff may appeal if No appeal if granted a. Applicability
granted, and if
reversed, defendant General Rule: It shall apply to all newly-filed
is deemed to have criminal cases, including those governed by
waived his right to Special Laws and Rules, in the First and Second
present his evidence Level Courts, the Sandiganbayan and the Court of
It is the defendant The court may, in its Tax Appeals as of effectivity date. The Revised
who invokes a own initiative, dismiss Guidelines shall also apply to pending criminal
demurrer by moving the action after giving cases with respect to the remainder of the
for the dismissal of the prosecution an proceedings.
the case. The court opportunity to be
does not do so in its hear. Exception: Unless otherwise specified, it shall not
own initiative. apply to criminal cases filed under the Rules on
Summary Procedure.
Reopening of the Proceedings
The proceedings may be reopened to prevent b. Prohibited and Meritorious Motions
miscarriage of justice –
Prohibited Motions
WHEN HOW It shall be denied outright before arraignment
without need of comment/opposition.
Before the finality of Either:
judgment of the 1. Court motu propio,
The following motions are prohibited:
conviction, and the or
1. Motions for judicial determination of probable
following requirements 2. Upon motion
cause
are met:
2. Motion for preliminary investigation if filed
beyond the five (5)-day reglementary period in
1. Judgment is issued
inquest proceedings under Sec. 6, Rule 112, or
by the judge on his
when required under Sec. 8, Rule 112, or in
own initiative or
inquest proceedings where accused failed to
upon motion;
participate despite due notice.
2. Order is issued only
3. Motion for reinvestigation of the prosecutor
after a hearing is
when the motion is filed (1) without prior leave
conducted;
of court; (2) when preliminary investigation is
3. Order intends to
not required under Sec. 8 Rule 112, and when
prevent a
the preliminary investigation is required and
miscarriage of
has been conducted, the grounds not being
justice;
meritorious (i.e. credibility, admissibility of
4. The presentation of
evidence, innocence of accused, lack of due
additional and/or
process even when notified, etc.)
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4. Motion to quash information when the grounds set a hearing within 10 calendar days from the
stated are not in Sec. 3 Rule 117 expiration of period to file comment. The case shall
5. Motion for bill of particulars that does not be deemed submitted for resolution after
conform to Sec. 9, Rule 116 termination of the hearing, and resolved within 10
6. Motion to suspend the arraignment If motion is calendar days. Reply and memorandum need not
based on grounds not stated in Sec. 11, Rule be submitted.
116
7. Petition to suspend the criminal action on the In case of a motion to discharge accused as state
ground of prejudicial question and no civil case witness under Sec. 17, Rule 119, where the
has been filed pursuant to Sec. 7, Rule 111 prosecution is required to present evidence in
support thereof, such motion shall be submitted for
Meritorious Motions resolution from the termination of the hearing, and
Except those already covered by the Revised shall be resolved within a non-extendible period of
Guidelines, meritorious motions are those that 10 calendar days thereafter.
allege plausible grounds supported by relevant
documents and/or competent evidence, such as: The Motion for Reconsideration of the resolution of
1. Motion to withdraw information, or to a meritorious motion shall be filed within a non-
downgrade the charge in the original extendible period of 5 calendar days from the
information, or to exclude an accused originally receipt of resolution, and the adverse party is
charged therein filed as a result of given 5 calendar days from the receipt of the
reinvestigation, reconsideration, and review; motion to submit comment. The court shall resolve
2. Motion to quash warrant of arrest the motion for reconsideration within a non-
3. Motion to suspend arraignment on the ground extendible period of 5 days from the expiration to
of unsound mental condition under Sec. 11 (a), submit comment.
Rule 116
4. Motion to quash information on the grounds Motions that do not conform to the above
that the facts do not constitute an offense, lack requirements shall be considered unmeritorious
of jurisdiction, extinction of criminal action or and shall be denied outright.
liability, or double jeopardy under Sec. 3, par.
(a), (b), (g), and (i), Rule 117 c. Arraignment and Pre-trial
5. Motion to discharge accused if the accused is
a state witness the motion shall be submitted Schedule of Arraignment and Pre-Trial for a
for resolution from the termination of the detained accused
hearing, and be resolved within a non- Pre-Trial is set ten (10) days from the Court’s
extendible period of ten (10) calendar days receipt of the case. It should be set in the
thereafter under Sec. 17, Rule 119 Commitment Order.
6. Motion to quash search warrant under Sec. 14,
Rule 126, or motion to suppress evidence; and Schedule of Arraignment and Pre-Trial for a
7. Motion to dismiss on the ground that the non-detained accused
criminal case is a Strategic Law Suit against Pre-Trial is set thirty (30) days from the Court’s
Public Participation (SLAPP) under Rule 6 of receipt of the case. It should be set in the Order of
the Rules of Procedure for Environmental Approval of Bail.
Cases.
Notice of Arraignment and Pre-Trial
The comments of adverse parties shall be filed Notice must be sent to: the accused, his/her
strictly within a non-extendible period of 10 counsel, private complainant/complaining law
calendar days from notice, and resolved by the enforcement agent, public prosecutor and
court within a non-extendible period of 10 calendar witnesses whose names appear in the Information
days after the expiration of the period, with or
without comment. The court, at its discretion, may
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Waiver of Reading of the Information 2. If the accused pleads guilty to a lesser offense,
The Court may allow the waiver after a personal the above rule for “Plea Bargaining except in
examination of the accused and upon the full Drug Cases” will be followed
understanding and consent of the accused and his 3. If the accused does not enter a plea of guilty,
counsel. arraignment and preliminary conference will
immediately proceed, and the case will be
The Court shall explain the waiver in the referred to mediation
language/dialect known to the accused to ensure
full understanding. Conduct of Pre-Trial
1. Absence of parties – The Court shall proceed
Arraignment Proper with pre-trial even in the absence of the
1. Plea Bargaining EXCEPT in Drug Cases – If accused or the private complainant, provided
the accused enters a plea of guilty to lesser they were duly notified, as long as counsel for
offense, plea-bargaining IMMEDIATELY the accused and the public prosecutor are
proceeds, provided the private offended party present.
in private crimes, or arresting officer in 2. Stipulations – Proposals for stipulations shall
victimless crimes is present to consent with the be done with the active participation of the
conformity of the Public Prosecutor. Judgment Court and not left alone to the counsels.
shall be immediately rendered 3. Marking of evidence – The documentary
2. Plea of Guilty to the Crime Charged in the evidence of the prosecution and the accused
Information – Judgment shall be immediately shall be marked.
rendered, except in cases involving capital 4. Pre-trial Order – The pre-trial Order shall
punishment. immediately be served upon the parties and
counsel on the same day after termination of
3. Where NO Plea Bargaining or Plea of Guilty Pre-Trial.
Takes Place – The Court shall immediately 5. Compliance with Rules – Courts must strictly
proceed with the arraignment and pre-trial comply with the Guidelines to be observed in
the Conduct of Pre-Trial under A.M. No. 03-1-
Schedule of Trial Dates 09-SC.
The schedule of trial dates shall be continuous and
within the period provided in the Regular d. Trial; Memoranda
Rules/Special Rules. It may be shortened
depending on the number of witnesses to be The Court shall encourage the following:
presented. 1. For the Accused – Avail of Secs. 12 & 13, Rule
119 on the application for examination of
Arraignment and Preliminary Conference of witness for the accused before trial;
Mediatable Cases subject to the Rule on 2. For the Prosecution – Sec. 15, Rule 119 on the
Summary Procedure conditional examination of witness for the
The arraignment and preliminary conference shall prosecution.
be simultaneously held, and all the matters
required under Sec. 14 of the Rule on Summary Absence of counsel de parte
Procedure shall be taken up in the Preliminary The hearing shall proceed upon the appointment
Conference. by the Court of a counsel de officio
Offer of evidence
1. If the accused pleads guilty to the crime
charged, the above rule for “Plea of Guilty to The offer of evidence, the comment/objection
the Crime Charged in the Information” will be thereto, and the Court’s ruling shall be made
followed orally. A party is required to make the oral offer on
the same day as the presentation of the last
witness, and the opposing party is required to
immediately interpose any comment or objection.
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The Court shall make a ruling on the offer in open witness is presented. The court shall rule on the
court. oral offer of evidence of the accused and the
comment or objection of the prosecution on the
The counsel shall cite the specific page numbers same day of the offer. If the court denies the
in the court record where the exhibits being offered motion to present rebuttal evidence because it is
are found. The Court shall ensure the exhibits no longer necessary, it shall consider the case
offered are submitted to it on the same day as the submitted for decision.
offer. If the exhibits are not attached to the record,
the party making the offer must submit the same Presentation of Rebuttal and Sur-rebuttal
during the offer in open court. Evidence.
If the motion to present rebuttal evidence is
Demurrer to evidence granted, the prosecution shall immediately
1. Demurrer to Evidence. — After the prosecution proceed with presentation after the accused rests
has rested its case, the court shall inquire from his/her case, and orally rest its case in rebuttal
the accused if he/she desires to move for leave after the presentation of the last rebuttal witness.
of court to file a demurrer to evidence, or to The accused shall immediately present sur-
proceed with the presentation of his/her rebuttal evidence, if any, and orally rest case in
evidence. sur-rebuttal after the presentation of the last sur-
2. If the accused orally moves for leave of court to rebuttal witness. Thereafter, the case will be
file a demurrer to evidence, the court shall submitted for decision.
orally resolve the same. If the motion for leave
is denied, the court shall issue an order for the One-day examination of witness rule
accused to present and terminate his/her The Court shall strictly adhere to the rule that a
evidence on the dates previously scheduled witness has to be fully examined in 1 day.
and agreed upon, and to orally offer and rest
his/her case on the day his/her last witness is Memoranda
presented. The submission of memoranda is discretionary on
3. If despite the denial of the motion for leave, the the part of the Court, which shall not exceed 25
accused insists on filing the demurrer to pages, single spaced on legal size paper in size
evidence, the previously scheduled dates for 14 font. The period to submit shall be non-
the accused to present evidence shall be extendible and shall not suspend the period of
cancelled. promulgation of the decision. The promulgation
4. The demurrer to evidence shall be filed within shall proceed with or without the memoranda.
a non-extendible period of 10 calendar days
from the date leave of court is granted, and the e. Promulgation
corresponding comment shall be filed within a
non-extendible period of 10 calendar days Schedule of promulgation
counted from date of receipt of the demurrer to General Rule: The Court shall announce in open
evidence. The demurrer shall be resolved by court the order submitting the case for decision,
the court within a non-extendible period of 30 including the date of promulgation which shall not
calendar days from date of the filing of the be more than 90 days from the date the case is
comment or lapse of the 10-day period to file submitted for decision.
the same.
Exception: If the case is covered by Special Rules
If the motion for leave of court to file demurrer to and other laws which provide for a shorter period.
evidence is granted, and the subsequent demurrer
to evidence is denied, the accused shall likewise Resolution of Motion for Reconsideration of
present and terminate his/her evidence (one day Judgment of Conviction of Motion for New
Trial
apart, morning and afternoon) and shall orally offer
and rest his/her case on the day his/her last A motion for reconsideration of judgment of
conviction or motion for new trial under Rule 121
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shall be filed within 15 days from promulgation and 3. Participation of the accused whether as
shall be resolved within a non-extendible period of principal, accomplice or accessory
10 calendar days from submission of comment of 4. Penalty imposed
the prosecution. The court shall resolve the motion 5. Civil liability or damages, unless reserved or
within 10 days with or without comment of the waived (Rule 120, Sec. 2)
prosecution.
Judgment of Acquittal
1. State whether or not evidence of the
prosecution:
K. JUDGMENT a. Absolutely failed to prove guilt
b. Merely failed to prove guilt beyond
Judgment
reasonable doubt
It is the adjudication by the court that the accused
2. In either case, judgment shall determine if the
is guilty or not guilty of the offense charged and the
act or omission from which the civil liability
imposition on him of the proper penalty and civil
might arise did not exist (Rule 120, Sec. 2).
liability, if any. (Rule 120, Sec. 1)
A verdict of acquittal is immediately final. (People
1. REQUISITES OF A JUDGMENT
v. Serrano, G.R. No. 135451, 1999)
Requisites of a judgment
1. Written in official language Conditional and Alternative Penalties
2. Personally and directly prepared by the judge The penalty imposed in a judgment cannot be
and signed by him conditional, nor can it be in the alternative as, even
3. Shall contain clearly and distinctly: if the law provides for alternative penalties, the
a. Statement of the facts court must choose and impose either of said
b. Law upon which it is based (Rule 120, Sec. alternative penalties (US v. Chong Ting, 1912).
1)
Award of Indemnity Despite Acquittal
The parties to a litigation should be informed of Unless there is a clear showing that the act from
how it was decided, with an explanation of factual which the civil liability might arise did not exist, the
and legal reasons that led to the conclusions of the judgment must make a finding on the civil liability
trial court. A decision that does not clearly and of the accused in favor of the offended party (Sec.
distinctly state the facts and the law on which it is 2 (2), Rule 120).
based leaves the parties in the dark as to how it
was reached and is precisely prejudicial to the When Two or More Offenses Contained in a
losing party, who is unable to pinpoint possible Single Information or Complaint
errors of the court for review by a higher tribunal. Accused may file a motion to quash.
(Lumanog, et al. v. People, G.R. No. 182555,
2010) If accused fails to object to it before trial, the
accused is deemed to have waived the defect and
The jurisdictional requirements before a judgment the court may convict him of as many offenses as
may be validly rendered are jurisdiction over the charged and proved, and impose a penalty for
subject matter, the territory, and the person of the each offense. (Rule 120, Section 3)
accused. (Antiporda, Jr. v. Garchitorena, G.R. No.
133289, 1999) While Sec. 13 of Rule 110 frowns upon multiple
offenses being charged in a single information, the
2. CONTENTS OF JUDGMENT failure to raise this issue during arraignment
amounts to a waiver, and the objection can no
Judgment of Conviction longer be raised on appeal. (Abalos v. People,
1. Legal qualification of the offense constituted by G.R. No. 136994, 2002)
the acts committed by the accused
2. Aggravating and mitigating circumstances
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Judgment Rendered by Judge Who Did not the graver offense. (People v. Pareja, G.R. No.
Hear the Case 202122, 2014)
The fact that the trial judge who rendered
judgment was not the one who had the occasion The mere fact that the evidence presented would
to observe the demeanor of the witnesses during indicate a lesser offense outside the court’s
trial, but merely relied in the records of the case, jurisdiction was committed does not deprive the
does not render the judgment erroneous, court of its jurisdiction, which had vested in it under
especially when the evidence on record is the allegations in the information (PP v. Ocaya,
sufficient to support its conclusion. (People v. 1987).
Alfredo, G.R. No. 188560, 2010)
3. PROMULGATION OF JUDGMENT;
Where the judge who penned the decision had INSTANCES OF PROMULGATION OF
ceased to be a member of the judiciary without JUDGMENT IN ABSENTIA
said decision having been promulgated, and his
successor caused its promulgation to be made General Rule: The judgment must be read in the
thereafter, such judgment is null and void. A presence of the accused and any judge of the
decision penned by a judge during his incumbency court in which it was rendered (Rule 120, Sec. 6).
cannot be validly promulgated after his retirement.
When a judge retired all his authority to decide any Exception/s:
case, i.e., to write, sign and promulgate the 1. Judgment in light offenses
decision thereon also retired with him. (Nazareno a. May be pronounced in the presence of the
v. CA, et al, G.R. No. 111610, 2002) accused’s counsel or representative
b. May be promulgated by the clerk of court if
Variance Doctrine the judge is absent or outside the province
or city
General Rule: The accused can be convicted of
an offense only when it is both charged and 2. Judgment if accused is confined or detained in
proved. another province or city
a. May be promulgated by the executive judge
Exception: When there is variance between the of the RTC having jurisdiction over the place
crime charged and the crime proved, and the of confinement or detention
offense as charged is included or necessarily b. Upon request of the court which rendered
includes offense proved, the accused shall be judgment (Rule 120, Sec. 6).
convicted of the offense proved which is included
in the offense charged, or of the offense charged Manner of Promulgation
which is included in the offense proved. (People v. Judgment is promulgated by filing the signed copy
Chi Chan Liu, GR No. 189272, 2015) thereof with the clerk of court who causes true
copies to be served upon the parties.
An offense charged necessarily includes the
offense proved when some essential elements of How Accused Is Notified of the Promulgation
the former, as alleged in the complaint or Notice shall be given personally by the clerk of
information, constitute the latter. court to the accused or to his bondsman or warden
and counsel
An offense charged is necessarily included in the
offense proved when the essential ingredients of Notice shall be served at the accused’s last known
the former constitute the latter. address if the latter:
1. Jumped bail; or
If there is variance, the accused can only be 2. Escaped from prison (Rule 120, Sec. 6).
convicted of the lesser offense which is included in
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If Accused Fails to Appear in the Promulgation

FOR ACQUITTAL FOR CONVICTION Absence of some of the accused during
Promulgation shall be made by: promulgation of judgment
1. Recording the judgment in the criminal If an accused that is part of multiple accused in one
docket; and case is absent at promulgation of judgment, and
2. Serving accused a copy thereof at his last such judgment is of conviction, he loses his
known address or thru his counsel remedies in law even if an appeal is perfected by
 If absence his co-accused, who was present, including his
without justifiable name (People v. De Grano, G.R. No. 167710,
cause, accused 2009).
shall lose all
remedies against Modification of Judgment
the judgment and A judgment of conviction may be modified or set
the court shall aside upon motion of the accused, before the
order his arrest judgment becomes final or before appeal is
 But within 15 days perfected. (Rule 120, Sec. 7).
from
promulgation, General Rule: Judgment should be rendered
accused may within 90 days from submission
surrender and file
a motion for leave Exceptions:
of court to avail of 1. It must be rendered within 30 days in cases
the remedies and under Summary Procedure
prove the reason 2. It must be rendered within 15 days in drug
of his absence. If cases
justified, he may
then avail of the Modification of Judgment vs. New Trial
remedies within MODIFICATION OF NEW TRIAL
15 days from JUDGMENT
notice No new hearings or Irregularities are
(Rule 120, Sec. 6) proceedings of any expunged from the
kind or change in the record and/or new
If the accused was duly notified, his absence is not record or evidence. A evidence is
a ground for the suspension of the promulgation. simple modification is introduced.
made on the basis of
If the judgment is for conviction and the failure to what is on record.
appear was without justifiable cause, the accused
shall lose the remedies available in the Rules of 4. WHEN DOES JUDGMENT BECOME
Court against the judgment. FINAL
General Rule: Judgment becomes final after:

Thus, it is incumbent upon the accused to appear
1. Lapse of period for appeal
on the scheduled date of promulgation, because it
2. Sentence partially or totally served
determines the availability of their possible
3. Accused waives in writing his right to appeal
remedies against the judgment of conviction.
4. Accused has applied for probation
When the accused fail to present themselves at
the promulgation of the judgment of conviction,
Exception: When the death penalty is imposed.
they lose the remedies of filing a motion for a new
trial or reconsideration (Rule 121) and an appeal
Youthful Offenders
from the judgment of conviction (Rule 122). (Jaylo
In case of youthful offenders, instead of
v. Sandiganbayan, G.R. Nos. 183152-54, 2015)
pronouncing a final judgment of conviction, the
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court should automatically suspend the sentence

and commit the minor to the DSWD or other A denied application for probation cannot be
institution until he reaches the age of majority appealed.
(Sec. 38, Juvenile Justice and Welfare Act).
Appeal and Probation
Exception/s: General Rule: No application for probation shall
1. If the offender has enjoyed a previous be entertained or granted if the defendant has
suspension of sentence; perfected the appeal from the judgment of
2. If the offender is convicted by a military tribunal; conviction (Sec. 1, RA 10707).
NOTE: Appeal and probation are mutually exclusive

1. Suspension of sentence can be availed of even remedies. Implicit in an application for probation is
if the child is already 18 years old or more but an admission of guilt (Almero v. PP, G.R. No.
not above 21 years old, at the time of the 188191, 2014).
pronouncement of guilt, without prejudice to the
availment of other benefits such as probation, Exception: When a judgment of conviction
if qualified, or adjustment of penalty, in interest imposing a non-probationable penalty is appealed
of justice. or reviewed, and such judgment is modified
2. The benefits of the suspended sentence shall through the imposition of a probationable penalty,
apply to one who is convicted of an offense the defendant shall be allowed to apply for
punishable by reclusion perpetua or life probation based on the modified decision before
imprisonment pursuant to the provisions of RA such decision becomes final (Sec. 1, RA 10707).
9346 prohibiting the imposition of the death
penalty and in lieu thereof, reclusion perpetua, When Should the Court Deny the Application
and after application of the privileged mitigating for Probation
circumstance of minority. 1. The offender is in need of correctional
3. If the child in conflict with the law reaches 18 treatment that can be provided most effectively
years of age while under suspended sentence, by his commitment to an institution.
the court shall determine whether to discharge 2. There is undue risk that during the period or
the child in accordance with the provisions of probation, the offender will commit another
Republic Act 9344, or to extend the suspended crime.
sentence for a maximum period of up to the 3. Probation will depreciate the seriousness of the
time the child reaches twenty-one (21) years of crime committed (Sec. 8, Probation Law).
age, or to order service of sentence (Sec. 48,
Rule on Juveniles in Conflict with the Law; A.M. SENTENCE PERIOD OF
No. 02-1-18-SC). IMPOSED PROBATION
Not more than 1 year Not more than 2 years
Probation
Probation is a mere privilege, and the grant is More than 1 year Not more than 6 years
discretionary upon the court.
Fine only, but At least equal to the
The offender should apply for probation after offender serves number of days of
conviction within the period for perfecting an subsidiary subsidiary
appeal. imprisonment imprisonment but not
more than twice such
An application for probation may no longer be filed period
once the defendant has already perfected an (Sec. 14, Probation Law).
appeal from the judgment of conviction.
Probation does not release civil liability.
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L. NEW TRIAL OR RECONSIDERATION Formal Requirements

1. In writing;
New Trial or Reconsideration 2. Filed in court;
At any time before a judgment of conviction 3. States the grounds on which it is based;
becomes final, the court may, on motion of the 4. If MNT is based on newly discovered
accused or at its own instance but with the consent evidence, it must be supported by the
of the accused, grant a new trial or reconsideration affidavits of the witness by whom such
(Rule 121, Sec. 1). evidence is expected to be given or duly
authenticated copies of documents which it is
Period to file MNT or MR proposed to introduce in evidence. (Sec. 4,
It should be filed within 15 days from notice of Rule 121).
judgment or final order.
Note: The defect of lack of affidavit of merit may
If an appeal has already been perfected, a motion be cured by the testimony under oath of the
for new trial on the ground of newly discovered defendant at the hearing of the motion. (Paredes
evidence may be filed in the appellate court. v. Borja, 1961).
Motion for Reconsideration; New Trial; and Notice of the MNT or MR shall be given to the
Reopening of the Case prosecutor, (Sec. 4, Rule 121)
MOTION FOR NEW TRIAL REOPENING
RECONSI- OF THE CASE 1. GROUNDS FOR NEW TRIAL
DERATION
To reconsider To permit the reception of new A motion for new trial may be filed upon any of
its findings of evidence and extend the the following grounds:
law proceedings 1. Errors of law during trial
Filed after judgment is rendered Made by the 2. Irregularities prejudicial to the substantial rights
but before the finality thereof court before of the accused during trial
judgment is 3. New and material evidence has been
discovered (Rule 121, Sec. 2)
rendered, in the
exercise of
sound The rule does not provide for a motion for new trial
discretion by the prosecution as the reopening of the case
would result in double jeopardy.
On motion of the accused or on May be at the
motion of the court but with the instance of 2. GROUNDS FOR RECONSIDERATION
consent of the accused either party or
by the court A motion for reconsideration may be filed upon
motu proprio, any of the following grounds:
with a hearing 1. Errors of law.
in either case, 2. Errors of fact in the judgment (Rule 121, Sec.
for the purpose 3)
of presenting
additional Note: Requires no further proceedings
evidence
Effect of Filing of Motion for New Trial or

Reconsideration
The filing of either motion interrupts the period for
perfecting an appeal from the time of its filing until
notice of the order overruling the motion shall have
been served upon the accused or his attorney.
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3. REQUISITES BEFORE A NEW TRIAL MAY

BE GRANTED ON GROUND OF NEWLY NOTE: Under the Revised Rules on Civil
DISCOVERED EVIDENCE Procedure, an MNT or MR shall be resolved its
receipt of the opposition thereto, or the period to
Elements of Newly Discovered Evidence file such opposition (Rule 15, Sec. 5, A.M. No. 19-
1. New evidence discovered after trial 10-20-SC). However, the court, in the exercise of
2. It could not have been previously discovered its discretion, call for a hearing (Rule 15, Sec. 6,
and produced at the trial even with reasonable A.M. No. 19-10-20-SC). There is no ruling yet as
diligence to whether or not the same shall apply in criminal
3. It is new and material evidence cases.
4. If introduced and admitted, it would probably
change judgment (Ybiernas v. Tanco- 4. EFFECTS OF GRANTING A NEW TRIAL
Gabaldon, G.R. No. 179825, 2011) OR RECONSIDERATION
Note: The Rules do not give an exact definition of GROUNDS OF GROUND OF

due diligence, and whether the movant has ERRORS OF LAW NEWLY-
exercised due diligence depends upon the OR DISCOVERED
particular circumstances of each case. IRREGULARITIES EVIDENCE
 Notice shall be given to the prosecutor
Nonetheless, it has been observed that the phrase  Judgment shall be set aside and vacated
is often equated with “reasonable promptness to  New judgment shall be rendered
avoid prejudice to the defendant.” In other words, accordingly
the concept of due diligence has both a time All the proceedings Evidence already
component and a good faith component. (People and evidence affected adduced shall stand
v. Chua, G.R. No. 196853, 2015) thereby shall be:
1. Set aside and Newly discovered and
A new trial may not be had on the basis of taken anew other evidence as the
evidence which was available during trial but was 2. The court, in the court may, in the
not presented due to its negligence. (People v. interest of justice, interest of justice,
Senit, G.R. No. 192914, 2016). may allow allow to be introduced
additional shall be taken and
When Hearing of the Motion is Required evidence considered together
A hearing shall be conducted when the motion for with evidence already
new trial calls for a resolution of a question of fact. in record
Court may hear evidence on the motion by Requires no further Supported by
affidavits or otherwise. (Rule 121, Section 5) proceeding affidavits of witnesses
or by authenticated
As correctly stated by the Office of the Special copies of documents
Prosecutor (OSP), Sec. 2 of Rule 37 and Sec. 4 of which are proposed to
Rule 121 should be read in conjunction with Sec. be introduced
5 of Rule 15 of the Rules of Court. (Rule 121, Sec. 6)
Basic is the rule that every motion must be set for Application Of The Neypes Rule In Criminal
hearing by the movant except for those motions Cases
which the court may act upon without prejudice to The Court deems it practical to allow a fresh period
the rights of the adverse party. The notice of of 15 days within which to file the notice of appeal
hearing must be addressed to all parties and must in the RTC, counted from receipt of the order
specify the time and date of the hearing, with proof dismissing a motion for a new trial or motion for
of service. (Flores v. People, G.R. No. 181354, reconsideration. (Yu v. Hon. Tatad, G.R. No.
2013) 170979, 2011)
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Recantation Who May Appeal

The public and formal withdrawal of a witness’
prior statement made under oath, in the presence General Rule: Any party may appeal from a
of the judge, and with the opportunity to cross- judgment or final order.
examine.
Exceptions:
General Rule: Recantation is not a ground for new 1. A party may not appeal if the accused will be
trial because it makes a mockery of the court and placed in double jeopardy (Rule 122, Sec. 1)
would place the investigation of truth at the mercy HENCE, the prosecution cannot appeal from a
of the unscrupulous witness. judgment of acquittal because a verdict of that
nature is immediately final and to try him on the
Exception: When the testimony is material, its merits, even in an appellate court, is to put him
recantation creates doubt of the guilt of the a second time in jeopardy for the same offense.
accused (De Guzman v. IAC, G.R. No. 69386. (Central Bank of the Phils. v. CA, G.R. No.
April 4, 1990). 41859, 1989)
2. If the judgment is for conviction and the
RECANTATION AFFIDAVIT OF accused fails to appear without justifiable
DESISTANTCE cause, he would use the remedy of appeal
A witness who The complainant states (Rule 120, Sec. 6)
previously gave a that he did not really
testimony subsequently intend to institute the Despite acquittal, however, either the offended
declares that his case and that he is no party or the accused may appeal, but only with
statements were not longer interested in respect to the civil aspect of the decision. Or, said
true testifying or prosecuting judgment of acquittal may be assailed through a
petition for certiorari under Rule 65 of the Rules of
Court showing that the lower court, in acquitting
the accused, committed not merely reversible
M. APPEAL errors of judgment, but also exercised grave abuse
of discretion amounting to lack or excess of
1. EFFECT OF AN APPEAL jurisdiction, or a denial of due process, thereby
rendering the assailed judgment null and void. If
Subject Matter for Review on Appeal
there is grave abuse of discretion, granting
In a criminal case, an appeal throws the whole
petitioner’s prayer is not tantamount to putting
case open for review, and it becomes the duty of
private respondents in double jeopardy. (AAA v.
the appellate court to correct such errors as may
CA, G.R. No. 183652, 2015)
be found in the judgment appealed from, whether
they are made the subject of the assignment of
The doctrine that "double jeopardy may not be
errors or not. (People v. Michael Lindo y Vergara,
invoked after trial" may apply only when the Court
G.R. No. 189818, 2010)
finds that the “criminal trial was a sham” because
the prosecution representing the sovereign people
Note: Accused’s release on parole does not affect
in the criminal case was denied due process. The
his appeal.
Court in People v. Bocar rationalized that the
"remand of the criminal case for further hearing
Not a Natural Right
and/or trial before the lower courts amounts
The right to appeal is not a natural right nor part of
merely to a continuation of the first jeopardy, and
due process but merely a statutory privilege and
does not expose the accused to a second
may be exercised only in the manner and in
jeopardy. (People v. Hon. Velasco, G.R. 127444,
accordance with the provisions of law. (Estrallado-
2000)
Mainar v. People, G.R. No. 184320, 2015)
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In the case of the People of the Philippines, only

the state, through its appellate counsel, the Office Note: A party shall have a fresh period of 15 days
of the Solicitor General, has the sole right and to file a notice of appeal to the RTC from receipt of
authority to institute proceedings before the CA or the order denying a motion for new trial or motion
SC. (Carino v. De Castro, G.R. No. 176084, 2008) for reconsideration. (Neypes vs. CA, G.R. No.
141524, 2005)
Permissible appeal by the People
1. When the right of the offended parties to appeal This applies in criminal cases under Rule 122,
an order of the trial court which deprives them Sec. 6 (Yu vs. Tatad, G.R. No. 170979, 2011)
of due process;
2. Where the information was quashed prior to Rules on Criminal and Civil Liability When
arraignment, the prosecution may appeal the Accused Dies
order sustaining the motion to quash because 1. Death of the accused pending appeal of his
before a plea is entered, no jeopardy attaches; conviction extinguishes his criminal liability as
3. When the case was provisionally dismissed well as the civil liability based solely thereon.
with the express consent of the accused, the 2. Corollarily, the claim for civil liability survives
same may be refilled by the fiscal without notwithstanding the death of accused, if the
violating the right against double jeopardy; or same may also be predicated on a source of
4. When the trial court gravely abused its obligation other than delict.
discretion, as when it dismissed the case due a. Law;
to non-appearance of a vital witness who was b. Contracts;
not properly notified of the date of trial, c. Quasi-contracts; and
certiorari will lie because such a grave abuse of d. Quasi-delicts. (Civil Code, Art. 1157)
discretion is tantamount to lack or excess of 3. Where the civil liability survives, as explained in
jurisdiction. Number 2 above, an action for recovery
therefor may be pursued but only by way of
Effect of Appeal by the Accused filing a separate civil action and subject to Rule
If the accused appeals his conviction, he waives 111, Sec. 1.
the protection against double jeopardy and runs This separate civil action may be enforced
the risk of being sentenced to a penalty higher either against the executor/administrator or the
than that imposed by the trial court (Philippine estate of the accused, depending on the source
Rabbit Bus Lines v. PP, G.R. No. 147703, 2004). of obligation upon which the same is based as
explained above.
Change of Theory on Appeal 4. Finally, the private offended party need not fear
Points of law, theories, issues and arguments not a forfeiture of his right to file this separate civil
adequately brought to the attention of the trial action by prescription, in cases where during
court ordinarily will not be considered by a the prosecution of the criminal action and prior
reviewing court as they cannot be raised for the to its extinction, the private offended party
first time on appeal because this would be instituted together therewith the civil action. In
offensive to the basic rules of fair play, justice and such case, the statute of limitations on the civil
due process. (People v. Mamaril, G.R. No. liability is deemed interrupted during the
171980, 2010) pendency of the criminal case, conformably
with provisions of Article 1155 of the Civil Code,
When Appeal is to be Taken that should thereby avoid any apprehension on
APPEAL OF A APPEAL OF AN a possible deprivation of right by prescription.
JUDGMENT ORDER (People v. Lipata, G.R. No. 200302, 2016)
Must be perfected Must be perfected
within 15 days from within 15 days from
promulgation of the final notice of the final order
judgment
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Period Suspended Modes of Review

The period for appeal is suspended from the time The Rules of Court recognizes 4 modes by which
the motion for new trial or reconsideration is filed the decision of the final order of the court may be
up to the service to the accused or his counsel of reviewed by a higher tribunal:
the notice of the order overruling the motion. 1. Ordinary appeal
2. Petition for review on certiorari (Rule 45)
APPEAL FROM DECISION OF APPEALTO HOW
Filing notice of appeal with the

MTC RTC MTC and serving copy of notice
to the adverse party
Filing a notice of appeal with the
RTC (original jurisdiction) CA RTC and serving copy of notice
to the adverse party
RTC (appellate jurisdiction) CA Petition for review under Rule 42
RTC (penalty imposed is
reclusion perpetua or life
imprisonment or where a lesser
penalty is imposed but for
offenses committed on the same Filing a notice of appeal with the
occasion or which arose out of CA RTC and serving copy of notice
the same occurrence that gave to the adverse party
rise to the more serious offense
for which death, reclusion
perpetua, or life imprisonment is
imposed)
Automatic review (no need for
RTC (death penalty imposed) CA
notice of appeal)
CA (imposes penalty other than
Petition for review on certiorari
death, reclusion perpetua, or life SC
under Rule 45
imprisonment)
CA (penalty imposed is reclusion Filing a notice of appeal with the
SC
perpetua, or life imprisonment) CA
Sandiganbayan (appellate
jurisdiction for offenses where
the imposable penalty is SC File a notice of appeal
reclusion perpetua or life
imprisonment)
Sandiganbayan (original
jurisdiction for offenses were File a notice of appeal (Sec. 13,
where the imposable penalty is SC Rule 124; Sec. 5, P.D. 1606 as
reclusion perpetua or life amended by RA 8429).
imprisonment)
Sandiganbayan (in all other Petition for review on certiorari
SC
cases) under Rule 45.
X
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Appeal Not Mooted by Accused’s Release on

2. WHERE TO APPEAL Parole
Appeal not mooted by accused-appellant’s
Regional Trial Court release on parole. Parole refers to the conditional
In cases decided by the Metropolitan Trial Court, release of an offender from a correctional
Municipal Trial Court in Cities, Municipal Trial institution after he serves the minimum term of his
Court, or Municipal Circuit Trial Court prison sentence. Parole is not one of the modes of
totally extinguishing criminal liability under Article
Court of Appeals or the Supreme Court in the 89 of the RPC. (People v. Abesamis, G.R. No.
proper cases provided by law 140985, 2007).
In cases decided by the Regional Trial Court
4. EFFECT OF APPEAL BY ANY OF
Supreme Court SEVERAL ACCUSED
In cases decided by the Court of Appeals, CTA En
Banc, and the Sandiganbayan. An appeal taken by one or more of several
accused shall not affect those who did not appeal,
3. HOW APPEAL TAKEN except insofar as the judgment of the appellate
court is favorable and applicable to him.
Service of Notice of Appeal
General Rule: It should be served upon the
Appeal of the offended party of the civil aspect
adverse party or his counsel by personal service.
shall not affect the criminal aspect of the judgment
or order appealed from.
Exception: If personal service of the copy of
notice of appeal cannot be made upon the adverse
Upon perfection of appeal, the execution of
party or his counsel, service may be done by
judgment or final order appealed from shall be
registered mail or substituted service (Rule 122,
stayed as to the appealing party (Rule 122, Sec.
Sec. 4).
11)
The appellate court may, in its discretion, entertain

NOTE: In People v. Olivo (G.R. No. 177768,
an appeal notwithstanding failure to give such
2009), an accused has benefitted from the
notice if the interests of justice so require (Rule
acquittal of his co-accused despite the former’s
122, Sec. 5).
failure to appeal from the judgment.
The fact that no copy of the notice of appeal is
served upon the adverse party is not fatal to the 5. GROUNDS FOR DISMISSAL OF APPEAL
perfection of the appeal as long as the notice of
appeal had been filed on time. (People v. 1. Failure to serve and file the required number
Villanueva, G.R. No. L-1876, 1966) of copies of his brief or within the time provided
by these Rules
Withdrawal of Appeal in RTC (Rule 122, Sec. 12) 2. Appellant escapes from prison or
The appellant may withdraw his appeal filed in confinement, jumps bail, or flees to a foreign
MTC before the record has been forwarded to the country during the pendency of the appeal;
RTC 3. Failure of the record on appeal to show on its
face that the appeal was taken within the
If the record has been forwarded, withdrawal may period fixed by the Rules
only be allowed if: 4. Failure to file the notice of appeal or the record
1. A motion to withdraw is filed on appeal within the period prescribed by the
2. Motion is filed before the RTC renders Rules;
judgment 5. Failure of the appellant to pay docket and
other lawful fees;
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6. Unauthorized alterations, omissions, or crime. It is an instrument or tool, issued under the

additions in the approved record on appeal State’s police power and this is the reason why it
7. Absence of specific assignment of error in the must issue in the name of the People of the
appellant’s brief, or of page references to the Philippines. (Te v. Breva, G.R. No. 164974, 2015)
record as required; and
8. Failure of the appellant to take the necessary It is not a proceeding against a person but is solely
steps for the correction or completion of the for the discovery and to het possession of personal
record within the time limited by the court in its property (Worldwide Web Corporation v. PP, G.R.
order 161106, 2014).
Motion for Extension of Time The power to issue search warrants is exclusively
General Rule: In the CA and in the SC, it is vested with trial judges (Skechers USA v. Inter
generally prohibited. Pacific, G.R. 164321, 2006).
Exception: For good and sufficient cause Note: It cannot be validly issued against chattels
and effects of persons enjoying diplomatic
Certification or Appeal of Case to the SC immunity pursuant to RA 75.
1. If the CA finds that the death penalty should be
imposed, it shall render judgment but refrain Note: The rule that venue is jurisdictional does
from making an entry of judgment and forthwith NOT strictly apply in proceedings for the
certify the case and elevate its entire record to application of search warrants. A warrant, such
the SC for review; as a warrant of arrest or a search warrant, merely
2. Where the judgment also imposes a lesser constitutes process. It is a special criminal
penalty for offenses committed on the same process. A search warrant is in the nature of a
occasion or which arose out of the same criminal process akin to a writ of discovery. It is a
occurrence that gave rise to the more severe special and peculiar remedy, drastic in its nature,
offense for which the penalty of death is and made necessary because of a public
imposed, and the accused appeals, the appeal necessity (Pilipinas Shell Petroleum Corporation
shall be included in the case certified for review and Petron Corporation v. Romars International
to the SC; Gases Corporation, G.R. No. 189669, 2015).
3. In cases where the Court of Appeals imposes
reclusion perpetua, life imprisonment or a Requisites of a Search Warrant (Rule 126, Sec.
lesser penalty, it shall render and enter 1)
judgment imposing such penalty. The judgment 1. Order in writing
may be appealed to the Supreme Court by 2. Issued in the name of the People of the
notice of appeal filed with the Court of Appeals Philippines
(Rule 124, Sec.13; People v. Abon, G.R. No. 3. Signed by a judge
169245, Feb. 15, 2008). 4. Directed to a peace officer
5. Commanding him to search for personal
property described therein
6. To bring the property before the court
N. SEARCH AND SEIZURE
One Search Warrant per Offense
1. NATURE OF SEARCH WARRANT No search warrant shall issue for more than one
specific offense. (Rule 126, Sec. 4).
An application for a search warrant is not a
criminal action; and not of the same form as that
Thus, when a search warrant was issued for
of a criminal action. It is not similar to a criminal
robbery but the information however was quashed,
action but is rather a legal process that may be
the things seized on the basis of such search
likened to a writ of discovery employed by no less
warrant cannot be used for re-filing of an
than the State to procure relevant evidence of a
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information for qualified theft on the same case. personal examination

(Sy Tan v. SyTion, G.R. No. 174570, 2010) before issuing a warrant
of arrest.
2. DISTINGUISH FROM WARRANT OF Generally served at day May be made at any
ARREST time, unless there be a time of the day or night
direction in the warrant
SEARCH WARRANT WARRANT OF that it may be served at
ARREST any time of the day or
Concerned with the Concerned with the night
seizure of personal seizure of a person so
Prescribes in 10 days Until served
property subject of the he may be made to
from date of issue
offense, stolen oranswer for the
Search warrant does Issuance of a warrant of
embezzled property,commission of an
not require the arrest presupposes the
fruits of the offense, or offense – involves
existence of a criminal existence of a pending
those intended to be taking of a person into
case, it may be issued criminal case that gave
used to commit an custody
prior to the filing of the rise to the warrant
offense
case
Applicant must show Applicant must show:
that the items sought 1. Probable cause that 3. APPLICATION FOR SEARCH WARRANT,
are in fact: an offense has been WHERE FILED
1. Seizable by virtue of committed and
being connected 2. The person to be General Rule: Before any court within whose
with criminal activity arrested has territorial jurisdiction a crime was committed. (Sps.
2. Will be found in the committed it Marimla v. People, G.R. No. 158467, 2009)
place to be
searched Exception/s:
Personal examination Judge not required to 1. Before any court within the judicial region
of the complaint and the make a personal where the crime was committed if the place of
witness is required from examination but the the crime is known. (A.M. No. 00-5-03-SC as
the judge judge must make an cited in Sps. Marimla v. People, G.R. No.
independent 158467, 2009)
evaluation of the 2. Before any court within the judicial region
records forwarded to where the warrant shall be enforced. (A.M. No.
him/her after 00-5-03-SC as cited in Sps. Marimla v. People,
preliminary G.R. No. 158467, 2009)
investigation.
Note: In both exceptions, filing in such courts
Note: In cases where requires compelling reasons stated in the
no preliminary application.
investigation is required Confidentiality of the operations and desire to
(offense is less than 4 prevent leakage are compelling reasons within
years, 2 months and 1 the contemplation of Rule 126, Sec. 2(b)
day), the complaint or (People v. Kelley, G.R. No. 243653, 2020)
information may be filed 3. IF the criminal action has already been filed,
directly with the the application shall be made only in the court
MeTC/MTC without a where the criminal action is pending (Sec. 2,
preliminary Rule 126).
investigation. The Note: The wordings of the provision is of a
MeTC/MTC judge mandatory nature, requiring a statement of
should conduct a compelling reasons if the application is filed in
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a court which does not have territorial Searches and Seizure for Violation of the
jurisdiction over the place of commission of the Intellectual Property Code
crime. Section 2, Rule 126 of the Revised Special Commercial Courts in Quezon City,
Rules of Criminal Procedure should be Manila, Makati, and Pasig shall have authority to
construed strictly against state authorities who act on applications for the issuance of writs of
would be enforcing the search warrants. search and seizure in civil actions for violations of
(Pilipinas Shell Petroleum Corporation and the Intellectual Property Code, which writs shall be
Petron Corporation v. Romars International enforceable nationwide (Rule 1, Sec. 2, A.M. No.
Gases Corporation, G.R. No. 189669, 2015). 10-3-10-SC).
However: Nothing in the rule does it say that the Transitory and Continuing Crimes
court issuing a search warrant must also have If the nature of the violation would constitute a
jurisdiction over the offense. A search warrant may transitory or continuing offense, application
be issued by any court pursuant to Sec. 2, Rule for search warrant may be filed in any court where
126 and the resultant case may be filed in another any element of the alleged offense was committed.
court that has jurisdiction over the offense (Sony Computer v. Supergreen, Inc., G.R. No.
committed. What controls here is that a search 161823, 2007)
warrant is merely a process, generally issued by a
court in the exercise of its ancillary jurisdiction, and Note: The omission of the People of the
not a criminal action to be entertained by a court Philippines from the petition was fatal. A search
pursuant to its original jurisdiction. warrant is not similar to a criminal action but is
rather a legal process that may be likened to a writ
Thus, in certain cases when no criminal action has of discovery employed by no less than the State to
yet been filed, any court may issue a search procure relevant evidence of a crime.
warrant even though it has no jurisdiction over the
offense allegedly committed, provided that all the In that respect, it is an instrument or tool, issued
requirements for the issuance of such warrant are under the State’s police power, and this is the
present. (People v. Castillo, Jr., G.R. No. 204419, reason why it must issue in the name of the People
2016) of the Philippines. If one wishes to contest the
finding of probable cause or any other aspect of
Authority of the Executive Judge and Vice- the issuance of the search warrant, then he must
Executive Judge Re Search Warrants in Manila implead the entity who in legal contemplation
and Quezon City made the finding and in whose name the finding
Executive Judges of the RTC’s of Manila and was made; otherwise, there can be no final
Quezon City may issue search warrants outside determination of the case because the party
their territorial jurisdiction for the following crimes: indispensable to its resolution had been omitted.
1. Heinous crimes; (Te v. Breva, G.R. No. 164974, 2015)
2. Illegal gambling;
3. Dangerous drugs; Requisites for the Issuance of a Search
4. Illegal possession of firearms; Warrant: (Rule 126, Sec. 4)
5. Anti-Money Laundering Act; 1. There must be probable cause;
6. Violation of Tariff and Customs Code (Marimla 2. Probable cause is to be determined personally
v. People, G.R. No. 158467, 2009, citing A.M. by the judge;
99-10-09-SC and A.M. No. 03-8-02-SC entitled 3. The judge must personally examine in the form
Guidelines On The Selection And Designation of searching questions and answers, in writing
Of Executive Judges And Defining Their and under oath, the complainant and any
Powers, Prerogatives And Duties) witness he may produce, on facts personally
known to them
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4. The search warrant must particularly describe 4. Statements must be in writing and under oath
the place to be searched and the persons or 5. Sworn statements of the complainant and the
things to be seized; witnesses, together with the affidavits
5. The probable cause must be in connection with submitted, shall be attached to the record
one specific offense (People v. Mamaril, G.R. No. 147607, January
6. The sworn statements together with the 22, 2004)
affidavits submitted by the complainant and
witnesses must be attached to the record. Failure to attach to the records the depositions of
(Prudente v. Dayrit, G.R. No. 82870, 1989). the complainant and his witnesses and/or the
transcript of the judge's examination, though
Duration of validity of a Search Warrant contrary to the Rules, does not by itself nullify the
It is valid for 10 days from the date of its issue. warrant. The requirement to attach is merely a
After such time, it is void. procedural rule and not a component of the right.
Rules of procedure or statutory requirements,
General Rule: It can only be used once, thereafter however salutary they may be, cannot provide new
it becomes functus officio. constitutional requirements. Ogayon v. People,
G.R. No. 188794, 2015)
Exception: When the search conducted was
interrupted, in which case the same may be Note: Examination must be probing and
continued under the same warrant the following exhaustive, not merely routinary or pro forma. The
day if not beyond the 10-day period. judge must not simply rehash the contents of the
affidavit but make his own inquiry on the intent and
4. PROBABLE CAUSE FOR ISSUANCE OF justification of the application.
SEARCH WARRANT
Objection to Issuance or Service of a Warrant
It refers to such facts and circumstances, which Any objection concerning the issuance or service
would lead a reasonably discreet and prudent man of a warrant or a procedure in the acquisition by
to believe that objects sought in connection with the court of jurisdiction over the person of the
an offense are in the place to be searched (MHP accused must be made before he enters his plea;
Garments v. CA, G.R. No. 86720, Sept. 2, 1994) otherwise, the objection is deemed waived
(People v. Tan, G.R. No. 191069, November 15,
The probable cause must be shown to be within 2010).
the personal knowledge of the complainant or the
witnesses and not based on mere hearsay. The requirement to raise objections against search
warrants during trial is a procedural rule
No exact test exists as to what acts constitute established by jurisprudence. Compliance or
probable cause but the requirement is less than noncompliance with this requirement cannot in any
certainty of proof, but more than suspicion or way diminish the constitutional guarantee that a
possibility. search warrant should be issued upon a finding of
probable cause. The failure to make a timely
5. PERSONAL EXAMINATION BY JUDGE
objection cannot serve to cure the inherent defect
OF THE APPLICANT AND WITNESS
of the warrant. To uphold the validity of the void
Personal examination by judge of the applicant warrant would be to disregard one of the most
and witnesses fundamental rights guaranteed in our Constitution
1. Examination must be personally conducted by (Ogayon v. People, G.R. No. 188794, 2015).
the judge
2. Examination must be in the form if searching
questions and answers
3. Complainant and witnesses shall be examined
on those facts personally known to them
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6. PARTICULARITY OF PLACE TO BE Time of serving a search warrant

SEARCHED AND THINGS TO BE SEIZED
General Rule: It must only be served during day
A description of the place to be time
searched is sufficient if the officer
with the warrant can, with Exception: It may be served at night if it is
reasonable effort, ascertain and positively asserted in the affidavit that the property
identify the place intended and is on the person or in the place ordered to be
PLACE TO distinguish it from other places in searched. The affidavit making such assertion
BE the community. (People v. must itself be sufficient as to the fact so asserted,
SEARCHED Posada, GR. No. 196052, 2015) for if the same is based upon hearsay, the general
rule shall apply.
The failure to name the owner or
occupant of a property in the Where a search is to be made during the night
affidavit and search warrant does time, the authority for executing the same at that
not invalidate the warrant. time should appear in the directive on the face of
Description must be so particular the warrant (Asian Surety v. Herrera, G.R. L-
that the officer charged with the 25232,1973).
execution of the warrant will be
left with no discretion respecting 7. PERSONAL PROPERTY TO BE SEIZED
the property to be taken
Personal property to be seized
Test: whether the things 1. Subject of the offense (i.e. the gun in a case
PROPERTY described are limited to those for illegal possession of firearms, the drugs in
TO BE which bear direct relation to the a case for violation of the Dangerous Drugs
SEIZED offense for which the warrant is Act.)
issued. (Chan v. Honda Motors, 2. Stolen or embezzled and other proceeds, or
G.R. No. 172775, 2007). [Note: fruits of the offense (i.e. the stolen watch in a
The SC allowed the seizure of case for theft)
“Wave 110 S” and “Wave 125 S” 3. Instruments of the offense (i.e. the hammer
motorcycles where the search used by accused to break the glass window in
warrant was for “Wave” a case for robbery). (Rule 126, Sec. 3)
motorcycles.]
Nature of Personal Property
It may be said that the person to
be searched is “particularly "Personal property" in the foregoing context
described” in the search warrant actually refers to the thing’s mobility, and not to its
PERSON TO when his name is stated in the capacity to be owned or alienated by a particular
BE search warrant, or if the name is person. Article 416 of the Civil Code states that in
SEARCHED unknown, he is designated by general, all things which can be transported from
words sufficient to enable the place to place are deemed to be personal
officer to identify him without property.
difficulty
Ownership of Property Seized Not Required
It is sufficient that the person against whom the
warrant is directed has control and possession of
the property sought to be seized.
Right to Break Door or Window

The searching officer may break any door or
window, or any part of the house if refused
admittance (Rule 126, Sec. 7)
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Non-Compliance with the Doctrine of Chain of

The use of a bolt cutter to gain access to the Custody
premises was, under the circumstances, is
reasonable, for after the members of the searching General Rule: Non-compliance is fatal; the
team introduced themselves to the security guards accused’s arrest becomes illegal and the items
and showed them the search warrants, the guards seized are inadmissible in evidence.
refused to receive the warrants and to open the
premises, they claiming that "they are not in Exception: Non-compliance is not fatal and will
control of the case.” (Sony Computer not make the accused’s arrest illegal nor render
Entertainment v. Bright Future Technologies, G.R. the items seized as inadmissible, provided:
No. 169156, 2007) 1. There is justifiable ground; and
2. The integrity and evidentiary value of the items
Search of Premises to be Made in Presence of are properly preserved (R.A. No. 9165, Sec.
Two Witnesses 21; People v. Dela Cruz, G.R. No. 205414,
The following should at least be present during the 2016)
search:
1. Lawful occupant or any family member, or Procedure in R.A. No. 9165, Sec. 21
2. In the absence of any family member, two 1. Inventory and Photograph by the
witnesses of sufficient age and discretion Apprehending Team
residing in the same locality a. In the presence of the accused and counsel
or his representative
The absence of the lawful occupant does not taint b. In the presence of a representative from the
the regularity of the search provided that two media and the Department of Justice (DOJ)
witnesses are present. (Rule 126, Sec. 8; Lucito v. c. In the presence of the an elected public
People, G.R. No. 192050, 2013) official, who shall sign the copies of the
inventory and shall be given a copy thereof.
Even if the barangay officials were not present d. If there was a SEARCH WARRANT – this
during the initial search, the search was witnessed shall be done in the place where the warrant
by accused-appellants themselves, hence, the was presented
search was valid since the rule that "two witnesses e. If it is a WARRANTLESS SEIZURE – it must
of sufficient age and discretion residing in the be done in:
same locality" must be present applies only in the i. The nearest police station; or
absence of either the lawful occupant of the ii. The office of the apprehending team,
premises or any member of his family. (People v. whichever is more practicable
Punzalan, G.R. No. 199087, 2015) iii. Note: Failure to comply with these
requirements shall make the seizure
Receipt for Property Seized void, unless there is a justifiable
The searching officer must give a detailed receipt reason and the integrity and
to the lawful occupant. evidentiary value of the seized
materials are preserved.
In the absence of such occupant, must, in the 2. Submission to PDEA Forensic Laboratory
presence of at least two witnesses of sufficient age within 24 hours after receipt of the subject items
and discretion residing in the same locality, leave 3. Within 24 hours, the PDEA Forensic
the receipt in the premises (Rule 126, Sec. 11). Laboratory shall issue a Certification as to the
quality and quantity of the subject items.
In Dangerous Drugs Act cases, the two-witness a. If the quantity of the items does not allow the
rule shall not apply and shall instead follow Section completion of testing within the said period
21 of DDA. (Chain of Custody) a partial laboratory examination report shall
be provisionally issued, and a final
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certification shall be issued within the next immediately file the case before the court.
24 hours. Instead, he or she must refer the case for
4. Filing of the criminal case in court further preliminary investigation in order to
5. Within 72 hours from filing, the court shall determine the (non) existence of probable
conduct an ocular inspection cause.
6. Within 24 hours from ocular inspection, the 4. If the investigating fiscal filed the case despite
PDEA shall burn or destroy the seized items such absence, the court may exercise its
a. In the presence of the accuse or his discretion to either refuse to issue a
representative or his counsel commitment order (or warrant of arrest) or
i. Note: If the accused refuses or fails to dismiss the case outright for lack of probable
appoint a representative after due notice cause in accordance with Section 5, Rule 112,
in writing within 72 hours before the Rules of Court.
actual destruction of the evidence in
question, the Secretary of Justice shall 8. EXCEPTIONS TO SEARCH WARRANT
appoint a member of the PAO office to REQUIREMENT
represent the former
b. In the presence of a representative of the Search warrant is not required in the following
media, the DOJ, and a civil society group instances:
c. In the presence of an elected official 1. Search incidental to lawful arrest
d. Note: A representative sample must be 2. Seizure of evidence in “plain view”
retained 3. Search of a moving vehicle
7. Dangerous Drugs Board shall issue a sworn 4. Consented warrantless search
certification as to the fact or destruction or 5. Customs search
burning which it must submit to the court 6. Stop and frisk (Terry searches)
together with the representative samples 7. Checkpoints
8. Promulgation and Judgment 8. Exigent and emergency circumstances
9. Trial Prosecutor must inform the Dangerous 9. Search of vessels and aircraft
Drugs Board of the judgment and request the 10. Inspection of buildings and other premises for
court for leave to turn over the said the enforcement of fire, sanitary and building
representative sample/s to the PDEA for proper regulations
disposition and destruction.
a. Search incidental to lawful arrest
10. Within 24 hours, the seized items must be
properly disposed or destroyed. The arrest must precede the lawful search
Note: The following has been adopted as a Nevertheless, a search substantially

mandatory policy in drug-related cases (People v. contemporaneous with an arrest is permissible if
Romy Lim, G.R. No. 231989, Sept. 4, 2018): the police have probable cause to make the arrest
1. In the sworn statements/affidavits, the at the outset of the search
apprehending/seizing officers must state their
compliance with the requirements of Section The search is limited to the following:
21(1) of RA No. 9165, as amended and its IRR. 1. For dangerous weapons
2. In case of non-observance of the provision, the 2. Anything which may have been used in the
apprehending/ seizing officers must state the commission of an offense
justification or explanation therefor as well as 3. Anything which constitute proof in the
the steps they have taken in order to preserve commission of the crime
the integrity and evidentiary value of the
seized/ confiscated items.
3. If there is no justification or explanation
expressly declared in the sworn statements or
affidavits, the investigation fiscal must not
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Immediate possession and control rule (7) The nature of the police questioning;
1. Search may be done not only on the person of (8) The environment in which the questioning took
the suspect but also within the permissible place; and
area within the latter’s reach (9) The possibly vulnerable subjective state of the
2. The area from which he might gain possession person consenting.
of a weapon or destroy evidence is covered by
a search incident to a lawful arrest (People v. c. Search of moving vehicle
Calantiao, G.R. No. 203984, 2014).
Justified on the ground that it is not practicable to
Accused was caught in flagrante delicto. The secure a search warrant because the vehicle can
arrest was valid, therefore, and the arresting be quickly moved out of the locality or jurisdiction
policemen thereby became cloaked with the in which the warrant must be sought.
authority to validly search his person and effects
for weapons or any other article he might use in When a vehicle is flagged down and subjected to
the commission of the crime or was the fruit of the an extensive search, such warrantless search has
crime or might be used as evidence in the trial of been held to be valid as long as the officers
the case, and to seize from him and the area within conducting the search have reasonable or
his reach or under his control, like the jeep he was probable cause to believe prior to the search that
driving, such weapon or other article (People v. they would find the instrumentality or evidence
Belocura, G.R. No. 173474, 2012). pertaining to a crime, in the vehicle to be searched.
(People v Tuazon, G.R. No. 175783, 2007).
b. Consented search
Exclusive reliance on an unverified, anonymous tip
The consent to a warrantless search must be cannot engender probable cause that permits a
voluntary, that is, it must be unequivocal, specific, warrantless search of a moving vehicle that goes
and intelligently given, uncontaminated by any beyond a visual search (People v. Sapla, G.R. No.
duress or coercion. Consent to a search is not to 244045, 2020)
be lightly inferred, but must be shown by clear and
convincing evidence. It is the State which has the d. Check points; body checks in airport
burden of proving, by clear and positive testimony,
Requisites
that the necessary consent was obtained and that
it was freely and voluntary given. (Valdez v. 1. Passengers not subjected to body search
People, G.R. No. 170180, 2007) 2. Limited to visual search
3. Under exceptional circumstances, as where:
A peaceful submission to a search and seizure is a. Survival of the government is on the
not a consent or invitation thereto, but is merely balance, or
demonstration of regard for the supremacy of the b. Lives and safety of the people are in peril
law. (People v. Nuevas, G.R. No. 170233, 2007) 4. Vehicle not searched
Factors to determine in voluntariness of Searches conducted in checkpoints are valid for

consent as long as they are warranted by exigencies of
(1) The age of the defendant; public order and are conducted in a way least
(2) Whether the defendant was in a public or a intrusive to motorists. For as long as the vehicle is
secluded location; neither searched nor its occupants subjected to a
(3) Whether the defendant objected to the search body search, and the inspection of a vehicle is
or passively looked on; limited to a visual search, said routine checks
(4) The education and intelligence of the cannot be regarded as violative of an individual’s
defendant; right against unreasonable searches. (People v
(5) The presence of coercive police procedures; Vinecario, G.R. No. 141137, 2004)
(6) The defendants belief that no incriminating
evidence would be found;
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e. Plain view situation 5. File a complaint for damages under Art. 32, in
relation to Art. 2219 (6) and (10) of the Civil
Requisites Code;
1. A prior valid intrusion. 6. File an administrative case under Section 41 of
2. Evidence was inadvertently discovered by the R.A. No. 6975
police.
The inadvertence requirement means that the When Motion to Quash a Search Warrant may
officer must not have known in advance of the be appealed
location of the evidence and discovery is not If a search warrant is issued as an incident in a
anticipated pending criminal case, the quashal of a search
3. The evidence must be immediately apparent. warrant is merely interlocutory.
The incriminating nature of the evidence
becomes apparent if the officer, at the moment In contrast, where a search warrant is applied for
of seizure, had probable cause to connect it to and issued in anticipation of a criminal case yet to
a crime without the benefit of an unlawful be filed, the order quashing the warrant ends the
search or seizure – it requires merely that the judicial process (final order) and an appeal may be
seizure be presumptively reasonable assuming properly taken therefrom. (World Wide Web
that there is probable cause to associate the Corporation, et al. v. People of the Philippines, et
property with criminal activity; that a nexus al. & Planet Internet Corporation v. Philippine Long
exists between a viewed object and criminal Distance Telephone Company, G.R. Nos. 161106
activity & 161266, 2014)
4. Plain view is justified seizure of evidence
without further search. Where to file a motion to quash a search
warrant or to suppress evidence
f. Stop and frisk situation A motion to quash a search warrant and/or to
suppress evidence obtained by virtue of the
Requisites
warrant may be filed and acted upon only by the
1. Police officer observes unusual conduct.
court where the action has been instituted; OR
2. Reasonable suspicion that person is engaged
in some type of criminal activity.
IF no criminal action has been instituted, the
3. Identifies himself as a policeman upon
motion may be filed in and resolved by the court
approach.
that issued the search warrant. However, if such
4. Makes reasonable inquiries.
court failed to resolve the motion and a criminal
5. There is reasonable fear for his own or other’s
case is subsequently filed to resolve the motion
safety thus he is entitled to conduct limited
and a criminal case is subsequently filed in
search of the outer clothing of such persons in
another court, the motion shall be resolved by the
an attempt to discover weapons that might be
latter court
used for assault.
10. CYBERCRIME WARRANTS
g. Enforcement of custom laws
a. Scope and Applicability
9. REMEDIES FROM UNLAWFUL SEARCH
AND SEIZURE This Rule sets forth the procedure for the
application and grant of warrants and related
Remedies
orders involving the preservation, disclosure,
1. Motion to Quash the Search Warrant
interception, search, seizure, and/or examination,
2. Motion to Suppress Evidence the object
as well as the custody, and destruction of
illegally taken
computer data, as provided under RA 10175 or the
3. Replevin, if the objects are legally possessed
"Cybercrime Prevention Act of 2012. (Sec. 1.2)
4. Certiorari, where the search warrant is a patent
nullity.
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b. General Provisions communication service or users of such

service;
Definition of Terms (Sec. 1.4): The term service provider as used in this
a. Computer data – refers to any representation Rule is understood to include any service
of facts, information, or concepts in a form provider offering its services within the
suitable for processing in a computer system, territory of the Philippines, regardless of its
including a program suitable to cause a principal place of business;
computer system to perform a function, and h. Subscriber's information – refers to any
includes electronic documents and/or information contained in the form of computer
electronic data messages whether stored in data or any other form that is held by a service
local computer systems or online; provider, relating to subscribers of its services,
b. Content data – refers to the content of the other than traffic or content data, and by which
communication, the meaning or purported any of the following can be established:
meaning of the communication, or the 1. The type of communication service used,
message or information being conveyed by the the technical provisions taken therewith,
communication, other than traffic data; and the period of service;
c. Forensic image – also known as a forensic 2. The subscriber's identity, postal or
copy, refers to an exact bit-by-bit copy of a data geographic address, telephone and other
carrier, including slack, unallocated space, and access number, any assigned network
unused space; address, billing and payment information
d. Interception – refers to listening to, recording, that are available on the basis of the service
monitoring or surveillance of the content of agreement or arrangement; or
communications, including procuring of the 3. Any other available information on the site
content data, either directly, through access of the installation of communication
and use of a computer system, or indirectly equipment that is available on the basis of
through the use of electronic eavesdropping or the service agreement or arrangement; and
tapping devices, at the same time that the i. Traffic data – refers to any computer data other
communication is occurring; than the content of the communication,
e. Off-site search – refers to the process whereby including, but not limited to, the
law enforcement authorities, by virtue of a communication's origin, destination, route,
warrant to search, seize, and examine, are time, date, size, duration, or type of underlying
allowed to bring the computer device/s and/or service.
parts of the computer system outside the place
to be searched in order to conduct the forensic Venue
examination of the computer data subject of the Criminal actions for violation of RA10175 shall be
warrant; filed before a cybercrime court of the province or
f. On-site search – refers to the process whereby city where –
law enforcement authorities, by virtue of a (i) The offense or any of its elements is committed
warrant to search, seize, and examine, obtains (ii) Any part of the computer system used is
the computer data subject thereof for forensic situated
examination, without the need of bringing the (iii) Any of the damage caused to a natural or
related computer device/sand/or parts of the juridical person took place (Section 2.1).
computer system outside the place to be
searched; Note: All other crimes committed by, through, and
g. Service provider – refers to: with the use of ICT shall be filed before the regular
(a) any public or private entity that provides or other specialized regional trial courts.
users of its service the ability to
communicate by means of a computer Where to file an application for a Warrant
system; and The same rules for venue applies. However, the
(b) any other entity that processes or stores cybercrime courts in Quezon City, the City of
computer data on behalf of such
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Manila, Makati City, Pasig City, Cebu City, Iloilo c. Preservation of Computer Data
City, Davao City and Cagayan De Oro City shall
have the special authority to act on applications The integrity of traffic data and subscriber’s
and issue warrants which shall be enforceable information shall be kept, retained, and preserved
nationwide and outside the Philippines. (Sec. 2.2). by a service provider for a minimum period of 6
months from the date of the transaction. On the
Who may apply other hand, content data shall be preserved for 6
Law enforcement authorities who must be months from the date of receipt of the order from
personally examined by the judge in the form of law enforcement authorities requiring its
searching questions and answers, in writing and preservation (Sec. 3.1)
under oath; the applicant and the witnesses he
may produce, on facts personally known to them Law enforcement authorities may order a one-time
and attach to the record their sworn statements, extension for another 6 months; Provided, that
together with the judicial affidavits submitted. (Sec. once computer data is preserved, transmitted, or
2.4). stored by a service provider is used as evidence in
a case, the receipt by the service provider of a
Validity of Warrants: For the period determined copy of the transmittal document to the Office of
by the court, which shall not exceed 10 days from the Prosecutor shall be deemed a notification to
its issuance, extendible up to 10 days upon the preserve the computer data until the final
filing of a motion upon the finding of justifiable determination of the case and/or as ordered by the
reasons (Sec. 2.5). court, as the case may be. (Sec. 3.1)
Extraterritorial Service of Warrants: For d. Disclosure of Computer Data;

persons or service providers situated outside of
e. Interception of Computer Data;
the Philippines, service of warrants and/or other
court processes shall be coursed through the f. Search, Seizure, and Examination of
Department of Justice - Office of Cybercrime, in Computer Data
line with all relevant international instruments
and/or agreements on the matter. (Sec. 2.6)
X
CYBERCRIME WARRANTS
A.M. No. 17-11-03-SC
Warrant to
Warrant to Warrant to
Warrant to Search, Seize and
Disclose Examine
Intercept Computer Examine
Computer Data Computer Data
Data (WICD) Computer Data
(WDCD) (WECD)
(WSSECD)
1. Applied by law 1. Applied by law 1. Applied by law Upon acquiring
enforcement enforcement enforcement possession of a
authorities authorities authorities computer device or
2. In writing 2. In writing 2. In writing computer system via
3. Issued in the 3. Issued in the 3. Issued in the a lawful warrantless
name of the name of the name of the arrest, or by any other
Formal People of the People People lawful method, law
Requirements Philippines 4. Signed by a 4. Signed by a enforcement
4. Signed by judge, upon the judge, upon the authorities shall first
Judge, upon finding of finding of apply for a WECD
the finding of probable cause probable cause before searching the
probable 5. Authorizes law 5. Authorizes law said computer device
cause enforcement enforcement or computer system
authorities to: authorities to for the purpose of
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5. Authorizing (a) Listen to search the obtaining for forensic

law content of particular place examination the
enforcement communications; for items to be computer data
authorities to (b) Record seized and/or contained therein.
issue an order content of examined. (Sec. (Sec. 6.9)
requiring any communications 6.1
person or (c) Monitor
service content of
provider to communications
disclose or (d) Conduct
submit surveillance of
subscriber's content of
information, communications
traffic data or (Sec. 5.3
relevant data
in his/her or its
possession or
control within
72 hours from
receipt of the
order in
relation to a
valid
complaint
officially
docketed and
assigned for
investigation
and the
disclosure is
necessary
and relevant
for the
purpose of
investigation
(Sec. 4.1)
A verified A verified application A verified application A verified application
application and and supporting and supporting and supporting
supporting affidavits stating: affidavits stating: affidavits stating:
affidavits stating: a. The probable a. The probable a. The probable
a. The probable offense offense offense involved;
offense involved; involved; b. Relevance and
involved; b. Relevance and b. Relevance and necessity of the
Contents of b. Relevance necessity of the necessity of the computer data
Application and communication computer data sought to be
for Warrant necessity of or computer sought to be examined and all
the computer data sought to searched, other items
data or be intercepted. seized, and related thereto.
subscriber's c. Names of the examined, and c. Names of the
information individuals or all other items individuals or
sought to be entities whose related thereto. entities whose
disclosed for communication c. Names of the computer data
the purpose or computer individuals or
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of the data are sought entities whose are sought to be

investigation; to be computer data examined
c. Names of the intercepted. are sought to be d. Particular
individuals or d. Particular searched, description of the
entities description of seized, and computer data
whose the examined sought to be
computer communication d. Particular examined.
data or or computer description of e. Place where the
subscriber's data sought to the computer examination of
information be intercepted. data sought to the computer
are sought to e. Place where the be searched, data, if available.
be disclosed, interception of seized, and f. Manner or
including the communication examined. method by which
names of the or computer e. Place where the examination of
individuals or data, if search, seizure, the computer
entities who available; and examination data is to be
have control, f. Manner or of the computer carried out, if
possession method by data, if available; and
or access which the available. g. Other relevant
thereto, if interception of f. Manner or information that
available; communication method by will persuade the
d. Particular or computer which the court that there is
description of data is to be search, seizure, a probable cause
the computer carried out, if and examination to issue a WECD;
data or available; and of the computer h. Disclose the
subscriber's g. Other relevant data is to be circumstances
information information that carried out, if surrounding the
sought to be will persuade available; and lawful acquisition
disclosed; the court that g. Other relevant of the computer
e. Place where there is a information that device or
the probable cause will persuade computer system
disclosure of to issue a the court that containing the
computer WICD. (Sec. there is a said computer
data or 5.3) probable cause data. (Sec. 6.9)
subscriber's to issue a
information is WSSECD.
to be h. An explanation
enforced, if of the search
available; and seizure
f. Manner or strategy to be
method by implemented,
which the including a
disclosure of projection of
the computer whether or not
data or an off-site or on-
subscriber's site search will
information is be conducted,
to be carried taking into
out, if account the
available; nature of the
and computer data
g. Other involved, the
relevant computer or
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information computer
that will system's
persuade the security
court that features, and/or
there is a other relevant
probable circumstances,
cause to if such
issue a information is
WDCD. available. (Sec.
(Sec. 4.3) 6.2)
It must be It must be submitted An Initial Return An Initial Return must
submitted within within 48 hours from must be submitted be submitted within
48 hours from implementation or within 10 days from 10 days from the
implementation or after the effectivity of the issuance of the issuance of the
after the effectivity the WDCD, whichever WSSECD stating: WECD stating:
of the WDCD, comes first.
whichever comes 1. A list of all the 1. A list of all the
first. The officer shall items that were items that were
simultaneously turn seized, with a examined, with
The officer shall over the custody of detailed a detailed
simultaneously the intercepted identification of: identification of:
turn over the communications or (a) the devices (a) the devices
custody of the computer data. of the computer of the computer
disclosed system seized, system
computer data or The law enforcement including the examined,
subscriber’s officer has the duty name, make, including the
information. (Sec. notify the person brand, serial name, make,
4.5) whose numbers, or any brand, serial
communications or other mode of numbers, or any
computer data have identification, if other mode of
been intercepted – available; and identification, if
Return of
(b) the hash available; and
Warrant
1. Within 30 days from value of the (b) the hash
the filing of the return, computer data value of the
and a copy of the and/or the computer data
return shall be seized computer and/or the
attached to the notice device or examined
computer computer device
2. If no return was system or computer
made, from the lapse containing such system
of the forty-eight (48) data; containing such
hour period to file a 2. A statement on data;
return; the notice shall whether a 2. A statement on
state the details of the forensic image whether a
interception activities, of the computer forensic image
including the contents data was made of the computer
of the intercepted on-site, and if data was made
communication or not, the reasons on-site, and if
computer data. for making the not, the reasons
forensic image for making the
The subject of the off-site; forensic image
warrant may 3. A statement on off-site;
challenge the legality whether the
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thereof, through a search was 3. A statement on

motion, within ten (10) conducted on- whether the
days from notice. site, and if not, examination
(Sec. 5.5) the reasons for was conducted
conducting the on-site, and if
search and not, the reasons
seizure off-site; for conducting
4. A statement on the search and
whether seizure off-site;
interception was 4. A statement on
conducted whether
during the interception was
implementation conducted
of the during the
WSSECD, implementation
together with (a) of the WECD,
a detailed together with (a)
identification of a detailed
all the identification of
interception all the
activities that interception
were conducted; activities that
(b) the hash were conducted;
value/s of the (b) the hash
communications value/s of the
or computer communications
data or computer
intercepted; and data
(c) an intercepted; and
explanation of (c) an
the said items' explanation of
reasonable the said items'
relation to the reasonable
computer data relation to the
subject of the computer data
WSSECD; subject of the
5. List of all the WECD;
actions taken to 5. List of all the
enforce the actions taken to
WSSECD, from enforce the
the time the law WECD, from the
enforcement time the law
officers reached enforcement
the place to be officers reached
seized until they the place to be
left the premises seized until they
with the seized left the premises
items and with the seized
reached the items and
place where the reached the
items seized place where the
were stored and items seized
secured for were stored and
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examination; secured for

and examination; and
6. A reasonable 6. A reasonable
estimation of estimation of how
how long the long the
examination of examination of
the items seized the items seized
will be will be concluded
concluded and and the
the justification justification
therefor. (Sec. therefor.
6.7)
After which, the court
After which, the shall issue an order
court shall issue an fixing the period to
order fixing the conclude the
period to conclude examination of all the
the examination of items seized,
all the items seized, extendible up to 30
extendible up to 30 days
days
Within 48 hours from
Within 48 hours from the expiration thereof
the expiration a Final Return shall
thereof a Final be submitted together
Return shall be with turn-over the
submitted together custody of the seized
with turn-over the computer data, as
custody of the well as all other items
seized computer seized and/or the
data, as well as all communications or
other items seized computer data
and/or the intercepted in relation
communications or thereto
computer data
intercepted in
relation thereto
(Sec. 6.8)
X
examination of the computer data, as the
g. Custody of Computer Data case may be. If the examiner or analyst has
recorded his/her examination, the recording
Upon the filing of the return for a WDCD or WICD, shall also be deposited with the court in a
or the final return for a WSSECD or WECD, all sealed package and stated in the affidavit;
computer data subject thereof shall be 2. The particulars of the subject computer data,
simultaneously deposited in a sealed package including its hash value;
with the same court that issued the warrant. It 3. The manner by which the computer data was
shall be accompanied by a complete and verified obtained;
inventory of all the other items seized in relation 4. Detailed identification of all items seized in
thereto, and by the affidavit of the duly authorized relation to the subject computer data,
law enforcement officer containing: including the computer device containing
1. The date and time of the disclosure, such data and/or other parts of the computer
interception, search, seizure, and/or
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system seized, indicating the name, make, instituted within this period, upon finality of the
brand, serial numbers, or any other mode of prosecutor's resolution finding lack of
identification, if available; probable cause. In its sound discretion, the
5. The names and positions of the law court may conduct a clarificatory hearing to
enforcement authorities who had access to further determine if there is no reasonable
the computer data from the time of its seizure opposition to the items' destruction or return.
until the termination of the examination but
prior to depositing it with the court, and the Note: In cases of WDCD, the court should first
names of officers who will be delivering the issue an order directing the law enforcement
seized items to the court; authorities to turn-over the retained copy thereof.
Upon its turn-over, the retained copy shall be
6. The name of the law enforcement officer who simultaneously destroyed or returned to its lawful
may be allowed access to the deposited data. owner or possessor together with the computer
When the said officer dies, resigns of severs data or subscriber's information that was
tie with the office, his/her successor may, originally turned over to the issuing court.
upon motion, be granted access to the
deposit; and Process
7. A certification that no duplicates or copies of 1. The Destruction shall be made in the
the whole or any part thereof have been presence of –
made, or if made, all such duplicates or a. the Branch Clerk of Court;
copies are included in the sealed package b. In his absence, any person duly
deposited, except for the copy retained by designated by the court to witness the
law enforcement authorities pursuant the rule same
on retained copies under WDCD. 2. The following may witness the destruction, if
they file with the Branch Clerk of Court notifies
The return on the warrant shall be filed and kept them at least 3 days before the scheduled
by the custodian of the log book on search date of destruction:
warrants who shall enter therein the date of the a. The accused or the person/s from whom
return, the description of the sealed package such items were seized;
deposited, the name of the affiant, and other b. His/her representative or counsel;
actions of the judge. (Sec. 7.1) c. The law enforcement officer allowed
access to such items;
h. Destruction of Computer Data d. Such law enforcement officer’s duly
authorized representative.
General Rule: Upon the expiration of the period 3. Within twenty-four (24) hours from the
to preserve computer data and the period to destruction of the computer data, the Branch
examine computer data), the service providers Clerk-of-Court or the witness duly designated
and the law enforcement authorities shall by the court shall issue a sworn certification as
immediately and completely destroy the to the fact of destruction and file the said
computer data subject of the preservation and certificate with the same court.
examination
Exception: The court may order the (a) Complete

or Partial Destruction of Data; or (b) the Return of O. PROVISIONAL REMEDIES
the Data to its lawful owner or possessor -
1. Upon motion and due hearing, the court finds Nature
justifiable reasons for such order: The provisional remedies in civil actions, in so far
2. Upon written notice to all the parties as they are applicable, may be availed of in
concerned, if no preliminary investigation or connection with the civil action deemed instituted
case involving these items has been instituted with the criminal action.
after thirty-one (31) days from their deposit, or
if preliminary investigation has been so
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HENCE, If the civil action has been waived,

reserved, or instituted separately, a provisional
remedy may not be availed of in the criminal
action. Instead, the provisonal remedy should be
applied for in the separate civil action instituted.
Note: The requisites and procedure for availing

of these provisional remedies shall be the same
as those for civil cases.
Kinds of Provisional Remedies

1. Attachment (Rule 57)
2. Injunction (Rule 58)
3. Receivership (Rule 59)
4. Replevin (Rule 60)
5. Support pendent lite (Rule 61)
Attachment, When Proper

1. Accused is about to abscond from the
Philippines;
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 property, or is about to do
so; and
4. When the accused resides outside the
Philippines (Rule 127, Sec. 2).
Note: Under R.A. 9208, in cases of trafficking in

persons, the court may motu propio issue
attachment and injunction.
Support pendente lite can be claimed for by the

victim of rape or seduction to support the
offspring.
 end of topic 
Page 530 of 711

EVIDENCE
Remedial Law
ATENEO CENTRAL
VIII. EVIDENCE e. Rules on evaluation of reliability of

the DNA testing methodology
D. DOCUMENTARY EVIDENCE
1. Meaning of documentary evidence
2. Requisites for admissibility
A. GENERAL PRINCIPLES OF EVIDENCE
3. Original document rule
1. Concept of Evidence
a. Meaning of the rule
2. Scope of the rules of evidence
b. When not applicable
3. Distinguish: proof and evidence
c. Meaning of original document and
4. Distinguish: factum probans and factum
duplicate
probandum
d. Secondary evidence; summaries
5. Admissibility of evidence:
4. Electronic evidence
a. Requisites for admissibility of evidence;
a. Meaning of electronic evidence;
exclusions under the Constitution,
electronic data message
laws and Rules of Court
b. Probative value of electronic
b. Relevance of evidence and collateral
documents or evidentiary weight;
matters
method of proof
c. Multiple admissibility
c. Authentication of electronic
d. Conditional admissibility
documents and electronic signatures
e. Curative admissibility
d. Electronic document and the hearsay
f. Direct and circumstantial evidence
rule
g. Positive and negative evidence
e. Audio, photographic, video, and
h. Competent and credible evidence
ephemeral evidence
6. Burden of proof and Burden of evidence
5. Parol evidence rule
7. Presumptions
a. Application of the parol evidence rule
a. Conclusive presumptions
b. When parol evidence can be
b. Disputable presumptions
introduced
c. Presumptions in civil actions and
c. Distinguish: original document rule
proceedings; Presumption against an
and parol evidence rule
accused in criminal cases
6. Authentication and proof of documents
8. Construction of rules of evidence
a. Meaning of authentication
9. Quantum of evidence
b. Classes of documents
B. JUDICIAL NOTICE AND ADMISSIONS
c. When a private writing requires
1. What need not be proved
authentication; proof of a private
2. Matters of judicial notice
writing
a. Mandatory
d. When evidence of authenticity of a
b. Discretionary
private writing is not required
3. Judicial admissions
e. Genuineness of handwriting
a. Effect of judicial admissions
f. Public documents as evidence; proof
b. How judicial admissions may be
of official record
contradicted
g. Attestation of a copy
c. Pre-trial admissions
h. Public record of a public document
C. OBJECT (REAL) EVIDENCE
i. Proof of lack of record
1. Nature of object evidence
j. How a judicial record is impeached
2. Requisites for admissibility
k. Proof of notarial documents
3. Categories of object evidence
l. Alterations in a document
4. Chain of custody in relation to Section 21
m. Documentary evidence in unofficial
of the Comprehensive Dangerous Drugs
language
Act of 2002
E. TESTIMONIAL EVIDENCE
5. DNA Evidence
1. Qualifications of a witness
a. Meaning of DNA
2. Disqualification of witnesses
b. Application for DNA testing order
a. Disqualification by reason of marriage
c. Post-conviction DNA testing; remedy
d. Assessment of probative value of
DNA Evidence and admissibility
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b. Disqualification by reason of a. Meaning of hearsay

privileged communications; rule on b. Reasons for exclusion of
third parties hearsay evidence
i. Husband and wife c. Exceptions to the hearsay rule
ii. Attorney and client; exceptions i. Dying declaration
iii. Physician and patient ii. Statement of decedent or
iv. Priest and penitent person of unsound mind
v. Public officers iii. Declaration against interest
c. Parental and filial privilege rule iv. Act or declaration about
d. Trade secrets pedigree
3. Examination of a witness v. Family reputation or
a. Rights and obligations of a witness tradition regarding pedigree
b. Order in the examination of an vi. Common reputation
individual witness vii. Part of res gestae
c. Leading and misleading questions viii. Records of regularly
d. Impeachment of witness conducted business activity
i. Adverse party’s witness ix. Entries in official records
ii. By evidence of conviction of x. Commercial lists and the
crime like
iii. Own witness xi. Learned treatises
iv. How the witness is xii. Testimony or deposition at a
impeached by evidence of former trial
inconsistent statements xiii. Residual exception
e. Referral of witness to
memorandum d. Independently relevant
f. Examination of a child witness statements
i. Applicability of the rule 6. Opinion Rule
ii. Meaning of “child witness” a. Opinion of expert witness;
iii. Competency of a child weight given
witness b. Opinion of ordinary witness
iv. Examination of a child 7. Character evidence
witness a. Criminal cases
v. Live-link TV testimony of a b. Civil cases
child witness c. Criminal and civil cases
vi. Videotaped deposition of a 8. Judicial affidavits
child witness a. Scope
vii. Hearsay exception in child b. Submission in lieu of direct
abuse cases testimony
viii. Sexual abuse shield rule c. Contents
ix. Protective orders d. Offer and objection
4. Admissions and confessions e. Application in criminal cases
a. Admission by a party f. Effect of non-compliance
b. Res inter alios acta rule F. OFFER AND OBJECTION
c. Admission by a third party 1. Offer of evidence
d. Admission by a co-partner or 2. When to make an offer
agent 3. Objection
e. Admission by a conspirator 4. Repetition of an objection
f. Admission by privies 5. Ruling
g. Admission by silence 6. Striking out of an answer
h. Confessions 7. Tender of excluded evidence
i. Similar acts as evidence
j. Admissibility of offers of
compromise
5. Hearsay rule
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A. GENERAL PRINCIPLES OF EVIDENCE

NOTE: While the definition of “evidence” under
1. CONCEPT OF EVIDENCE the Rules of Court refers only to judicial
proceedings, the provisions of the Rules on
EVIDENCE is the means sanctioned by the Rules Electronic Evidence apply to all civil actions and
of Court, of ascertaining in a judicial proceeding proceedings, as well as quasi-judicial and
the truth respecting a matter of fact (Rule 128, administrative cases (Rules on Electronic
Sec.1) Evidence, Sec. 2)
The very tenor of the definition clearly indicates But see Sept. 24, 2002 Resolution in A.M. No.
that not every fact having a conceivable 01-7-01-SC, expanding the coverage of the Rules
connection to the issue of a case, or that which on Electronic Evidence to criminal cases as well.
provides a reasonable inference as to the truth or As to the admissibility of text messages, the SC
falsity of a matter alleged, is considered noted in People v. Enojas that the RTC admitted
evidence. To be considered evidence, the same them in conformity with the SC’s earlier
must be “sanctioned” or allowed by the Rules of Resolution applying the Rules on Electronic
Court. It is not evidence, if it is excluded by the Evidence to criminal actions. (People v. Enojas,
Rules, even if it proves the existence or non- G.R. No. 204894, 2014)
existence of a fact in issue. (Riano, 1)
When NOT Applicable
2. SCOPE OF THE RULES OF EVIDENCE
The rules on evidence, being components of the It does not apply to administrative or quasi-
Rules of Court, apply only to judicial proceedings. judicial proceedings as administrative bodies are
(see Sec.1, Rule 128) not bound by the technicalities of the rules
obtaining in the courts of law. (El Greco Ship
General Rule: The rules of evidence shall be the Manning and Management Corporation v.
same in all courts and in all trials and hearings. Commissioner of Customs, G.R. No. 177188,
2008) This is not to say that evidence is not
Exception: Except as provided by law or by the necessary in administrative or quasi-judicial
Rules of Court (Rule 128, Sec. 2) [NICOLE] proceedings, only that the rules of evidence do
1. Naturalization Proceedings not strictly apply.
2. Insolvency Proceedings
3. Cadastral Proceedings The rules of evidence are not strictly observed in
4. Land Registration Cases proceedings before administrative bodies.
5. Election Cases Administrative bodies are not bound by the
(Rule 1, Sec. 4) technicalities of law and procedure and the rules
obtaining in the courts of law. (Bantolino v. Coca-
Except by analogy or in a suppletory character Cola Bottlers Phils., Inc., G.R. No. 153660, 2003)
and whenever practicable and convenient (Rule
1, Sec. 4) Article 227 of the Labor Code provides that labor
tribunals are not bound by the technical rules of
Applicability evidene and they may use all reasonable means
The rules on evidence, being part of the Rules of to ascertain the facts of the case without regard
Court, apply only to judicial (as opposed to to the technicalities of law and procedure.
administrative or quasi-judicial proceedings). (Clemente v. Status Maritime Corp., G.R. No.
238933, 2020)
Judicial Proceedings include:
a. Civil – includes Ordinary and Special Civil The Court held that the affidavits were admissible
Actions because in Agrarian cases, the Rules of Court are
b. Criminal not applicable even in a suppletory character.
c. Special Proceedings Section 16 of PD 946 provides that the Rules of
Page 534 of 711

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Court shall not be applicable to agrarian cases,

Presumption There is no Presumption
even in a suppletory character. (Reyes v. Court
of Innocence presumption of innocence
of Appeals, G.R. No. 96492, 1992)
as to either attends the
party accused
While rules of evidence prevailing in courts of law
throughout
and equity shall not be controlling, this assurance
the trial until
of a desirable flexibility in administrative
the same has
procedure does not go as far as to justify orders
been
without basis in evidence having rational
overcome by
probative force. (First United Construction Corp.
proof beyond
v. Valdez, G.R. No. 154108, 2008)
reasonable
doubt
Rules of Evidence apply suppletorily to the Rules
on Electronic Evidence. General Not allowed Allowed
Denial (Sec. 10,
The rules do not apply in the mentioned Rule 8)
proceedings except by analogy or in a suppletory
character whenever practicable and convenient.
Offer of Not, as a May be
(Sec. 4, Rule 1, Rules of Court; Ong Chia v.
Compromise general rule, received as
Republic, 328 SCRA 749)
(Sec. 27, an admission implied
Rule 130) of liability admission of
Technical rules of evidence, such as the hearsay
guilt;
rule, are not to be rigidly applied in the course of
Exceptions:
preliminary investigation proceedings. Since a
1. In cases
preliminary investigation does not finally
involving
adjudicate the rights and obligations of the
quasi-
parties, probable cause can be established with
offenses
hearsay evidence, as long as there is substantial
2.Cases
basis for crediting the hearsay. (Riano 3, citing
allowed by
Estrada v. Sandiganbayan, G.R. Nos. 212761-
law to be
62, 2018)
compromised
COMPARISON OF CONSIDERATIONS THAT Quantum of Preponderan Guilt beyond
MAY HAVE AN IMPACT ON EVIDENCE IN Proof ce of reasonable
CIVIL CASES VERSUS EVIDENCE IN evidence. doubt
CRIMINAL CASES
Effect of Party with the The accused
CIVIL CRIMINAL Equipoise burden of is acquitted
CASES CASES rule proof loses
Cross Not Applicable

In Terms of Parties attend Accused
Examination applicable (Rule on
Attendance by accord attends by
in Summary Summary
compulsion
Procedure Procedure,
Sec. 15)
Doctor- Applicable Not

Patient Applicable
Privileged (Rule 130,
Commc’n Sec. 24[c])
Page 535 of 711

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4. DISTINGUISH: FACTUM PROBANS AND

May a party Subject to The accused
be FACTUM PROBANDUM
privilege, if cannot be
compelled to applicable, a compelled to
Factum Probans Versus Factum Probandum
testify? party or a testify
defendant FACTUM PROBANS FACTUM
may be PROBANDUM
compelled to
be a witness The probative or The ultimate fact to be
through a evidentiary fact tending proved or proposition to
subpoena to prove the fact in issue be established.
provided or the FACTUM
written PROBANDUM. It is the
interrogatorie material evidencing the
s and request proposition.
for admission
have been
previously The factum probandum (i.e., the ultimate fact)
served upon need not be proved where it is a matter of judicial
him. (Rule 25, notice or is covered by a conclusive presumption
Sec. 6; Rule or is a judicial admission as these need no longer
26, Sec. 5) be established or proven.
3. DISTINGUISH: PROOF AND EVIDENCE Fact in Issue

Facts in issue are those facts which a plaintiff
Proof Versus Evidence must prove in order to establish his claim and
those facts which the defendant must prove in
PROOF EVIDENCE
order to establish a defense set up by him, but
only when the fact alleged by the one party is not
The result or the The medium or admitted by the other party. (Francisco, p. 22,
probative effect of means by which a fact 2017)
evidence. When the is proved or
requisite quantum of disproved. 5. ADMISSIBILITY OF EVIDENCE
evidence of a
particular fact has a. Requisites for admissibility of evidence;
been duly admitted exclusions under the Constitution, laws,
and given weight, the and Rules of Court
result is called the
REQUISITES (RULE 128)
proof of such fact.
The Evidence MUST Be:
1. Relevant – Must have such a relation to the
fact in issue as to induce belief in its existence
or non-existence.
2. Competent – Not excluded by the Rules on
Evidence, the law or the Constitution
These two elements correspond to the Two

Axioms of Admissibility:
1. Axiom of Relevancy - That none but facts
having rational probative value are
admissible.
Page 536 of 711
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2. Axiom of Competency - All facts having evidence which may have evidentiary weight may
rational probative value are admissible unless be inadmissible because a special rule forbids its
some specific rule forbids their admission. reception.(People v. Turco, G.R. No. 137757,
(Riano, p. 21, citing I Wigmore, §§9-10, 289- 2000)
295).
Evidence is admissible when it is relevant to the
If in doubt as to admissibility of the testimony issue and is not excluded by the Constitution, the
given in the court, the court should favor law or the rules (Rule 128, Sec. 3) or is
admissibility. Otherwise, if the trial court judge competent. Since admissibility of evidence is
erred in ruling and excluded the same, the determined by its relevance and competence,
appeals court would be precluded from reversing admissibility is, therefore, an affair of logic and
the ruling and taking such testimony. law. On the other hand, the weight to be given to
such evidence, once admitted, depends on
Importance of Admissibility in relation to judicial evaluation within the guidelines provided
Offer and Objection in Rule 133 and the jurisprudence laid down by
Any objection to the admissibility of evidence the Court. (People v. Turco, G.R. No. 137757,
should be made at the time such evidence is 2000)
offered or as soon thereafter as the objection to
its admissibility becomes apparent, otherwise the While the terms and provisions of a void contract
objection will be considered waived and such cannot be enforced since it is deemed inexistent,
evidence will form part of the records of the case it does not preclude the admissibility of the
as competent and admissible evidence. (Chua v. contract as evidence to prove matters that
CA, G.R. No. 109840, 1999) occurred in the course of executing the contract,
i.e., what each party has given in the execution of
Admissibility Distinguished from Weight of the contract.
Evidence
There is no provision in the Rules of Evidence
ADMISSIBILITY WEIGHT
which excludes the admissibility of a void
document. The Rules only require that the
Refers to the question Refers to the question evidence is relevant and not excluded by the
of whether or not the of whether or not the Rules for its admissibility. Hence, a void
evidence is to be evidence proves a fact document is admissible as evidence because the
considered at all in issue purpose of introducing it as evidence is to
ascertain the truth respecting a matter of fact, not
Pertains to its Pertains to its tendency to enforce the terms of the document itself.
relevance and to convince and (Tomas P. Tan, Jr. v. Jose G. Hosana, G.R. No.
competence persuade 190846, February 3, 2016)
Depends on logic and Depends on the EXCLUSIONS UNDER THE CONSTITUTION,

the law guidelines provided in LAWS, AND RULES OF COURT
Rule 133 and
jurisprudence Rules of Exclusion
Governed by the Rules or by Statute and
Constitution.
The admissibility of the evidence depends on its
relevance and competency, while the weight of
Some Exclusionary Rules
evidence pertains to its tendency to convince and
1. 1987 Constitution, Article III
persuade. (Tating v. Marcella, G.R. No. 15508,
 Section 2 The right of the people to be
2007)
secure in their persons, houses, papers,
and effects against unreasonable
While evidence may be admissible, it may be
searches and seizures of whatever nature
entitled to little or no weight at all. Conversely,
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and for any purpose shall be inviolable, inquired, looked into except upon written
and no search warrant or warrant of arrest permission of the depositor, or in cases of
shall issue except upon probable cause to impeachment, or upon order of a competent
be determined personally by the judge court in cases of bribery or dereliction of duty
after examination under oath or affirmation of public officials or in cases where the money
of the complainant and the witnesses he is the subject matter of litigation
may produce, and particularly describing 4. R.A. 4200, Wire-Tapping Act, Sec. 4
the place to be searched and the persons Any communication or spoken word or the
or things to be seized. existence, contents, substance or any
 Section 3 (1) The privacy of information contained therein secured in
communication and correspondence shall violation of the Act shall not be admissible in
be inviolable except upon lawful order of evidence in any judicial, quasi-judicial,
the court, or when public safety or order legislative or administrative hearing or
requires otherwise, as prescribed by law. investigation.
(2) Any evidence obtained in violation of 5. R.A. 11479, Anti-Terrorism Act, Sec. 23–
this or the preceding section shall be Any listened to, intercepted, and recorded
inadmissible for any purpose in any communications, messages, conversations,
proceeding. discussions, or spoken or written words, or
 Section 12 (1) Any person under any part or parts thereof, or any information or
investigation for the commission of an fact contained therein, including their
offense shall have the right to be informed existence, content, substance, purport, effect,
of his right to remain silent and to have or meaning, which have been secured in
competent and independent counsel violation of the pertinent provisions of this Act,
preferably of his own choice. If the person shall be inadmissible and cannot be used as
cannot afford the services of counsel, he evidence against anybody in any judicial,
must be provided with one. These rights quasi-judicial, legislative, or administrative
cannot be waived except in writing and in investigation, inquiry, proceeding, or hearing.
the presence of counsel. (2) No torture, 6. R.A. 9745, Anti-Torture Act, Sec. 8
force, violence, threat, intimidation, or any Any confession, admission or statement
other means which vitiate the free will shall obtained as a result of torture shall be
be used against him. Secret detention inadmissible in evidence in any proceedings,
places, solitary, incommunicado, or other except if the same is used as evidence against
similar forms of detention are prohibited. a person or persons accused of committing
(3) Any confession or admission obtained torture.
in violation of this or Section 17 hereof shall 7. A.M. 02-6-02-SC, Confidentiality Rule in
be inadmissible in evidence against him. Adoption Cases, Sec. 18
(4) The law shall provide for penal and civil All hearings in adoption cases, after
sanctions for violations of this section as compliance with the jurisdictional
well as compensation to and rehabilitation requirements shall be confidential and shall
of victims of torture or similar practices, not be open to the public. All records, books
and their families. and papers relating to the adoption cases in
 Section 17 No person shall be compelled the files of the court, the Department, or any
to be a witness against himself. other agency or institution participating in the
2. Section 201, Tax Reform Act of 1997 adoption proceedings shall be kept strictly
A document required by law to be stamped confidential.
shall not be admitted or used in evidence until 8. R.A. 9285, Alternative Dispute Resolution
the requisite stamps are affixed thereto. Act of 2004, Sec. 9
3. R.A. 1405, Law on Secrecy of Bank Information obtained through mediation
Deposits, Sec. 2 proceedings shall be subject to the following
All deposits of whatever nature are absolutely principles and guidelines:
confidential and may not be examined,
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(a) Information obtained through mediation The Exclusionary Rule

shall be privileged and confidential.
(b) A party, a mediator, or a nonparty Commonly used for evidence excluded by the
participant may refuse to disclose and Constitution. It is applied to cases where the
may prevent any other person from challenged evidence is quite clearly direct or
disclosing a mediation communication. primary in its relationship to the prior arrest or
(c) Confidential Information shall not be search. (Herrera, Remedial Law Vol V, 37)
subject to discovery and shall be
inadmissible in any adversarial What the Constitution prohibits is the use of
proceeding, whether judicial or quasi- physical or moral compulsion to extort
judicial, However, evidence or communication from the accused, but not an
information that is otherwise admissible inclusion of his body in evidence, when it may be
or subject to discovery does not material. This was a mechanical act the accused
become inadmissible or protected from was made to undergo which was not meant to
discovery solely by reason of its use in unearth undisclosed facts but to ascertain
a mediation. physical attributes determinable by simple
(d) In such an adversarial proceeding, the observation. (Gutang v. People, G.R. No.
following persons involved or previously 135406, 2000)
involved in a mediation may not be
compelled to disclose confidential The extrajudicial confession to the “bantay
information obtained during mediation: bayan” which was taken without counsel is
(1) the parties to the dispute; (2) the inadmissible in evidence as the “bantay bayan”
mediator or mediators; (3) the counsel may be deemed to be a law enforcement officer
for the parties; (4) the nonparty within the contemplation of Article III, Section 12
participants; (5) any persons hired or of the Constitution. Any inquiry the “bantay
engaged in connection with the bayan” makes has the color of a state-related
mediation as secretary, stenographer, function and objective insofar as the entitlement
clerk or assistant; and (6) any other of a suspect to his constitutional rights provided
person who obtains or possesses for under Article III, Section 12 of the Constitution,
confidential information by reason of otherwise known as the Miranda Rights, is
his/her profession. concerned. (People v. Lauga, G.R. No. 186228,
(e) The protections of this Act shall 2010)
continue to apply even if a mediator is
found to have failed to act impartially. The phrase “device or arrangement” in Section 1
(f) A mediator may not be called to testify of RA No. 4200, although not exclusive to that
to provide information gathered in enumerated therein, should be construed to
mediation. A mediator who is wrongfully comprehend instruments of the same or similar
subpoenaed shall be reimbursed the nature, that is, instruments the use of which
full cost of his attorney's fees and would be tantamount to tapping the main line of a
related expenses. telephone. It refers to instruments whose
9. R.A. 8505, Rape Victim Assistance and installation or presence cannot be presumed by
Protection Act of 1998 the party or parties being overheard. (Ganaan v.
In prosecutions for rape, evidence of IAC, G.R. No. L-69809, 1986)
complainant's past sexual conduct, opinion
thereof or of his/her reputation shall not be Rep. Act No. 4200 entitled “An Act to Prohibit and
admitted unless, and only to the extent that Penalize Wire Tapping and Other Related
the court finds, that such evidence is material Violations of the Privacy of Communication, and
and relevant to the case. (Section 6) for other purposes” expressly makes such tape
recordings inadmissible in evidence. Absent a
clear showing that both parties to the telephone
conversations allowed the recording of the same,
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the inadmissibility of the subject tapes is presumption; but when he testifies to the conduct
mandatory under Rep. Act No. 4200. (Salcedo- of the accused prior to the commission of the
Ortañez v. CA, G.R. No. 110662, 1994) crime or immediately thereafter from which an
inference may be made as to the probability or
Personal information controllers may invoke the improbability of the fact in issue, his testimony is
principle of privileged communication over circumstantial evidence for it tends to prove
privileged information that they lawfully control or collateral matters which with the aid of inference
process. Subject to existing laws and regulations, may tend to establish that probability or
any evidence gathered on privileged information improbability of the fact in issue. (Herrera,
is inadmissible. (Sec. 15, Data Privacy Act of Remedial Law Vol V, 63 – 64)
2012)
c. Multiple Admissibility
b. Relevance of evidence and collateral
matters When proffered evidence is admissible for two or
more purposes. It may be admissible for one
RELEVANCY purpose but inadmissible for another or vice
Evidence is relevant if it has such a relation to the versa. It may also mean that it may be admissible
fact in issue as to induce belief in its existence or against one party but not against another.
non-existence (Rule 128, Sec. 4).
Example: Admissions admissible against the
What constitutes RELEVANT Evidence: declarant but not against his co-accused under
1. Material – evidence offered upon a matter the res inter alios acta rule.
properly in issue. It is directed towards a fact
within the range of allowable controversy. The extrajudicial confession of the accused was
2. Probative – tendency of evidence to establish not competent as against his co-accused for
the proposition that it is offered to prove. being hearsay. However, the confession of the
accused may still be admissible as evidence of
COMPETENCY his own guilt. (People v. Yatco, G.R. No. L-9181,
Facts having rational probative value are 1955)
admissible unless some rule or law forbids their
admission. If a rule or law excludes the evidence, NOTE: An extrajudicial confession of an accused
it is incompetent. may be competent as against his co-accused
under the rule on admission by co-conspirators.
COLLATERAL MATTERS (Rule 130, Sec. 31)
Refers to matters other than the fact in issue.
These are matters outside the controversy or are d. Conditional Admissibility
not directly connected with the principal matter or
When a piece of evidence appears to be relevant
issue in dispute, as indicated in the pleadings of
as it is connected with other pieces of evidence
the parties.
not yet offered or proved, such piece of evidence
General Rule: Evidence on collateral matters is may be conditionally admitted subject to the
condition that its relevancy and competency be
not allowed.
established at a later time. If the condition is not
met, the evidence should be rejected.
Exception: Evidence on collateral matters may
be admitted if it tends in any reasonable degree
Example: In an action by A against B for recovery
to establish the probability or improbability of the
of a real property, plaintiff offered a document
fact in issue (Rule 128, Sec. 4).
showing that the property belonged to X. On
objection of the defendant upon the ground of
For instance, when a witness testifies having
irrelevancy, plaintiff stated that he would prove
seen the killing of the victim by the accused, his
later by other evidence that X, the original owner
testimony is direct evidence for it tends to prove
sold the property to Y and the latter sold it to Z
the fact in issue without the aid of inference or
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from whom plaintiff acquired title by purchase. for one relevance will opposing
The Court may admit the evidence conditionally purpose but readily be party may be
until the other facts mentioned by plaintiff are inadmissible seen when allowed to
proved. (Herrera, Remedial Law, Vol V, 29) for another connected to introduce
or vice other pieces otherwise
In a case of any intricacy it is impossible for a versa. of evidence inadmissible
judge of first instance to know with any certainty not yet evidence to
whether testimony is relevant or not; and where It may also offered. contradict the
there is no indication of bad faith on the part of mean that it previously
the attorney offering the evidence, the court may may be admitted
as a rule safely accept the testimony upon the admissible inadmissible
statement of the attorney that the proof offered against one evidence and
will be connected later. (Prats Co. v. Phoenix party but not to remove any
Insurance, G.R. No. L-28607, 1929) against prejudice
another caused by its
e. Curative Admissibility admission.
The purpose The Principle of
When a party is allowed to present inadmissible
for which the proponent of curative
evidence over the objection of the opposing party,
evidence is the evidence admissibility
such opposing party may be allowed to introduce
offered must may ask the should not be
otherwise inadmissible evidence to contradict the
be specified court that the made to apply
previously admitted inadmissible evidence and to
because evidence be where the
remove any prejudice caused by its admission.
such conditionally evidence was
evidence admitted in admitted
Example: At the trial, plaintiff testified that
may be the without
defendant is a man who never pays his debts as
admissible meantime, objection
shown by his refusal to pay his debts to other
for several subject to the because the
persons. This evidence is inadmissible but was
purposes condition that failure to
admitted by mistake. In such case, in fairness to
under the he is going to object
the defendant, the Court may allow him to explain
doctrine of establish its constitutes a
his dealings with such other persons. (Herrera,
multiple relevancy and waiver of the
Remedial Law Vol V, 26)
admissibility competency inadmissibility
In our jurisdiction, the principle of curative
, or may be at a later time. of the
admissibility should not be made to apply where
admissible evidence
the evidence was admitted without objection
for one
because the failure to object constitutes a waiver
purpose but
of the inadmissibility of the evidence.
not for
Inadmissible evidence not objected to
another.
becomes admissible (Riano, Evidence, 33)
MULTIPLE CONDITION CURATIVE

AL
When It happens When a party
proffered frequently is allowed to
evidence is enough that present
admissible the relevance inadmissible
for two or of a piece of evidence over
more evidence is the objection
purposes. It not apparent of the
may be at the time it is opposing
admissible offered, but its party, such
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f. Direct and circumstantial evidence

Example: The Example: Testimony
testimony of W that he of W that he could not
DIRECT EVIDENCE CIRCUMSTANTIAL saw P fire a gun at the have fired the gun
EVIDENCE victim is positive because he was not
evidence armed during the
That which proves the Evidence that indirectly incident is negative
fact in dispute without proves a fact in issue evidence
the aid of any through an inference
inference or which the fact finder h. Competent and credible evidence
presumption. draws from the evidence
established.
COMPETENT CREDIBLE
EVIDENCE EVIDENCE
Example: Witness Example: Witness
saw the accused testified that he saw the
inflict a blow which accused with blood on Evidence that is not When evidence is not
caused the victim’s his shirt and hands and excluded by the Rules, only admissible
death running from the scene statutes or evidence but is
of the crime where the Constitution. believable and used
victim was lying dead. by the court in
The next day, the deciding a case.
accused was nowhere to
be found in his place of Example: School
residence. Taken teacher who passed
altogether, inference of by saw the accused
guilt can be drawn that shoot the victim. His
the accused killed the testimony is credible.
victim. He is one who
practices a noble
profession and he is
g. Positive and negative evidence
neutral witness.
POSITIVE EVIDENCE NEGATIVE

EVIDENCE NOTE: that Rule 24, Administrative Order No. 1,
series of 1993 only provides for sanctions against
persons violating the rule on confidentiality of
When the witness When the witness birth records, but nowhere does it state that
affirms that a fact did states that an event procurement of birth records in violation of said
occur. Such evidence did not occur or that rule would render said records inadmissible in
is entitled to greater the state of facts evidence. On the other hand, the Revised Rules
weight since the alleged to exist does of Evidence only provides for the exclusion of
witness represents of not actually exist. evidence if it is obtained as a result of illegal
his or her personal searches and seizures. It should be emphasized,
knowledge the however, that said rule against unreasonable
presence or absence searches and seizures is meant only to protect a
of a fact. person from interference by the government or
the state.
Since both Rule 24, Administrative Order No. 1,

series of 1993 and the Revised Rules on
Evidence do not provide for the exclusion from
evidence of the birth certificates in question, said
public documents are, therefore, admissible and
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should be properly taken into consideration in the Criminal Cases

resolution of this administrative case against
respondent. (Tolentino v. Mendoza, A.C. No. The burden of proof is on the prosecution by
5151 (Resolution), 2004). reason of the presumption of innocence. (People
v. Alicante, G.R. No. 182941, 2009)
6. BURDEN OF PROOF AND BURDEN OF
EVIDENCE In cases of self-defense, the burden of evidence
shifts to the accused to show that the killing was
Burden of Proof legally justified. (People v. Dagani, G.R. No.
Burden of proof is the duty of a party to present 153875, 2006
evidence on the facts in issue necessary to
establish his or her claim or defense by the In both civil and criminal cases, the burden of
amount of evidence required by law. Burden of evidence lies on the party who asserts an
proof never shifts. (Rule 131, Sec. 1) affirmative allegation.
Burden of Evidence Shifting of Burden of Evidence

Burden of evidence is the duty of a party to
present evidence sufficient to establish or rebut a In Civil Cases: In the course of trial in a civil
fact in issue to establish a prima facie case. case, once plaintiff makes out a prima facie case
Burden of evidence may shift from one party to in his favor, the duty or the burden of evidence
the other in the course of the proceedings, shifts to defendant to controvert plaintiff’s prima
depending on the exigencies of the case. (Rule facie case, otherwise, a verdict must be returned
131, Sec. 1) in favor of plaintiff. (Vitarich Corporation v. Losin,
Burden of evidence is the duty of a party to go G.R. No. 181560, 2010)
forward with the evidence to overthrow any prima
facie presumption against him. (Bautista v. In Criminal Cases: When the trial court denies a
Sarmiento, G.R. No. L-45137, 1985) motion to dismiss by way of demurrer to
evidence, the accused has the burden of proving
UPON WHOM THE BURDEN OF PROOF his innocence. When a prima facie case is
RESTS established by the prosecution in a criminal case,
as in the case at bar, the burden of proof does not
Civil Cases shift to the defense. It remains throughout the trial
with the party upon whom it is imposed the
The plaintiff has the burden of proof to show the prosecution. It is the burden of evidence which
truth of his allegations if the defendant raises a shifts from party to party depending upon the
negative defense. exigencies of the case in the course of the trial.
The accused only has to present evidence to
The defendant has the burden of proof if he raises equalize his evidence versus that of the plaintiff,
an affirmative defense on the complaint of the not a preponderance of evidence. (Bautista v.
plaintiff. (Jimenez v. NLRC, G.R. No. 116960, Sarmiento, G.R. No. L-45137, 1985)
1996)
NOTE: In a civil case, the plaintiff is always

compelled to allege affirmative assertions in his
complaint. When he alleges a cause of action, he
must necessarily allege that he has a right and
that such right was violated by the other party.
Thus, he has the duty to prove the existence of
this affirmative allegation. (see Vitarich Corp v.
Locsin, G.R. No. 181500, 2010)
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should be against the party with the burden of

proof. Hence, where the burden of proof is on the
BURDEN OF BURDEN OF
plaintiff and the evidence does not suggest that
PROOF EVIDENCE
the scale of justice should weigh in his favor, the
court should render a verdict for the defendant
Obligation of a party Duty of a party
(Rivera v. CA, G.R. No. 115625, 1998)
to present evidence - to present evidence
on the facts in issue sufficient to establish
Also known as the Equiponderance Doctrine, it
necessary to or rebut a fact in issue
provides that where the evidence in a criminal
establish his claim or to establish a prima
case is evenly balanced, the constitutional
defense by the facie case
presumption of innocence tilts the scales in
amount of evidence - to go forward with
favor of the accused (People v. Lagmay, G.R. No.
required by law the evidence to
125310, 1999)
overthrow any prima
facie presumption 7. PRESUMPTIONS
against him
Presumption
Does not shift in the May shift from one
course of the trial. side to the other as Is an inference as to the existence or non-
trial unfolds. existence of a fact which courts are permitted to
draw from the proof of other facts. (In the Matter
PRINCIPLE OF NEGATIVE AVERMENTS of the Intestate Estates of Delgado v. Heirs of
General Rule: Negative allegations need not be Marciana, G.R. No. 155733, 2006)
proved, whether in a civil or criminal action.
Exception: When such negative allegations are A presumption is an assumption of fact resulting
essential parts of the cause of action or defense from a rule of law which requires such fact to be
in a civil case or are essential ingredients of the assumed from another fact found or otherwise
offense in a criminal case or defenses thereto. established in the action. (Estate of Honorio
(see People v. Yang, G.R. No. 148077, 2004) Poblador, Jr. v. Manzano, G.R. No. 192391,
2017)
In Criminal Cases, if the subject of a negative
averment inheres to the offense as an essential Judicial Admissions v. Presumptions
ingredient thereof, the prosecution has the JUDICIAL PRESUMPTION
burden of proving the same. In view, however, of ADMISSIONS AND
the difficult office of proving a negative allegation, JUDICIAL NOTICE
the prosecution, under such circumstance, needs
to do no more than make a prima facie case from Proponent need not Proponent still has to
the best evidence obtainable. For example, in a introduce any introduce evidence to
case for illegal possession of firearms, the evidence establish or prove the
prosecution has to present a certification from the basis of the
Firearms and Explosives Division of the presumption
Philippine National Police that the accused is not
licensed to carry a firearm outside of his or her
residence. (People v. Quebral, G.R. No. 46094, Inferences v. Presumption
1939) INFERENCE PRESUMPTION
EQUIPOISE RULE A factual conclusion Mandated by law

drawn from other
This rule refers to a situation where the evidence facts that is not
of the parties is evenly balanced, or there is doubt mandated by law
on which side the evidence preponderates or
weighs more heavily. In this case the decision
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Effect of Presumption
A party in whose favor the legal presumption
PRESUMPTION OF PRESUMPTION OF
exists may invoke such presumption to establish
LAW FACT
a fact in issue and need not introduce evidence
to prove the fact for the presumption is prima
facie proof of the fact presumed. (Diesel Certain inference Discretion is vested in
Construction Co. v. UPSI Property Holdings Inc., must be made the tribunal as to
G.R. No. 154937, 2008) whenever the facts drawing the inference
appear which furnish
A presumption shifts the burden of evidence or the basis of the
the burden of going forward with the evidence. It inference
imposes on the party against whom it is directed
the burden of going forward with evidence to Reduced to fixed Derived wholly and
meet or rebut the presumption. However, it does rules and form a part directly from the
not shift the burden of proof. of the system of circumstances of the
jurisprudence particular case by
In the law of evidence, a distinction should be means of the
drawn between the role of presumptions, judicial common experience
notice and judicial admissions. In the case of of mankind
presumptions, the proponent still has to introduce
evidence of the basis of the presumption, that is, Presumption Juris may be divided into:
he has to introduce evidence of the existence or 1. Conclusive Presumption (juris et de jure)
non-existence of the facts from which the court Inferences which the law makes so
can draw the inference of the fact in issue. In the peremptory that it will not allow them to be
case of judicial notice and judicial admissions, as overturned by any contrary proof however
a rule, the proponent does not have to introduce strong. (See Rule 131, Sec. 2)
any evidence. (REGALADO, p. 819) 2. Disputable Presumptions (juris tantum)
That which the law permits to be overcome or
CLASSIFICATION OF PRESUMPTIONS contradicted by other evidence (See Rule 131,
1. Presumption Juris or of Law – is a deduction Sec. 3)
which the law expressly directs to be made
from particular facts. a. Conclusive Presumption
2. Presumption Hominis or of Fact – is a
deduction which reason draws from facts a. ESTOPPEL IN PAIS
proved without an express direction from the
law to that effect. Whenever a party has, by his or her own
declaration, act, or omission, intentionally and
deliberately led another to believe a particular
thing true and to act upon such belief, he or she
cannot, in any litigation arising out of such
declaration, act or omission, be permitted to
falsify it. (Rule 131, Sec. 2[a])
Estoppel is effective only as between the parties

thereto or their successors in interest. (Civil
Code, Art. 1439)
Requisites as to the Party to be Estopped:

1. Conduct amounting to false representation or
concealment;
2. Intent or at least expectation that the conduct
shall be acted upon; and
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3. Knowledge, actual or constructive, of the real relationship of the person; however, the
facts (Kalalo v. Luz, G.R. No. L-27782, 1970) probate of a will or granting of letters of
administration shall only be prima facie
Requisites as to the Party CLAIMING evidence of the death of the testator or
Estoppel: intestate;
1. Lack of knowledge of truth as to the facts in (b) In other cases, the judgment or final order is,
question; with respect to the matter directly adjudged or
2. Reliance in good faith upon the conduct or as to any other matter that could have been
statements of the party to be estopped; and raised in relation thereto, conclusive between
3. Action or inaction based thereon led to his the parties and their successors in interest by
detriment or prejudice (Kalalo v. Luz, G.R. No. title subsequent to the commencement of the
L-27782, 1970) action or special proceeding, litigating for the
same thing and under the same title and in the
b. ESTOPPEL AGAINST TENANT same capacity; and
(c) In any other litigation between the same
The tenant is not permitted to deny the title of his parties or their successors in interest, that only
or her landlord at the time of the commencement is deemed to have been adjudged in a former
of their landlord-tenant relationship. (See Rule judgment or final order which appears upon its
131, Sec. 2[b]) face to have been so adjudged, or which was
actually and necessarily included therein or
The rule on estoppel against tenants is subject to necessary thereto. (Rule 39, Sec. 47)
a qualification. It does not apply if the landlord’s
title has expired, or has been conveyed to b. Disputable Presumptions
another, or has been defeated by a title
paramount, subsequent to the commencement of Disputable presumptions are satisfactory if
lessor-lessee relationship [VII Francisco]. In other uncontradicted, but they may be contradicted and
words, if there was a change in the nature of the overcome by other evidence. (Rule 131, Sec. 3)
title of the landlord during the subsistence of the There is no constitutional objection to a law
lease, then the presumption does not apply. providing that the presumption of innocence may
Otherwise, if the nature of the landlord’s title be overcome by a contrary presumption founded
remains as it was during the commencement of upon the experience of human conduct, and
the relation of landlord and tenant, then estoppel declaring what evidence shall be sufficient to
lies against the tenant. (Santos v. National overcome such presumption of innocence. The
Statistics Office, G.R. No. 171129, 2011) legislature may provide for prima facie evidence
of guilt provided there be a rational connection
c. CONCLUSIVE EFFECTS OF FINAL between the facts proved and the ultimate fact
JUDGMENT presumed. (Vallarta v. CA, et al., G.R. No. L-
40195, 1987) Thus, the prima facie presumption
Effect of judgments or final orders. The effect of a of guilt in Article 217, Revised Penal Code, is
judgment or final order rendered by a court or of valid (Bacasnot v. Sandiganbayan, et al., G.R.
the Philippines, having jurisdiction to pronounce No. 60884, 1987).
the judgment or final order, may be as follows:
(a) In case of a judgment or final order against a The following are DISPUTABLE
specific thing, or in respect to the probate of a PRESUMPTIONS:
will, or the administration of the estate of a (a) That a person is innocent of crime or wrong;
deceased person, or in respect to the (b) That an unlawful act was done with an
personal, political, or legal condition or status unlawful intent;
of a particular person or his relationship to (c) That a person intends the ordinary
another, the judgment or final order is consequences of his or her voluntary act;
conclusive upon the title to the thing, the will A person is equally liable for all the
or administration, or the condition, status or consequences arising from his criminal act,
and which are inherent therein; for example,
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such complications as may arise and which explanation is rendered implausible in view of
are not due to circumstances completely independent evidence inconsistent thereto.
foreign to the act committed, or from the fault (People v. Urzais, G.R. No.207662, 2016;
or carelessness of the injured party (U.S. v. Panaligan v. Phyvita Enterprises Corporation,
Monasterial, G.R. No. L-5098, 1909) G.R. No. 2020886, 2017)
(d) That a person takes ordinary care of his or her (k) That a person in possession of an order on
concerns; himself or herself for the payment of the
(e) That evidence willfully suppressed would be money, or the delivery of anything, has paid
adverse if produced; the money or delivered the thing accordingly;
In order that the presumption in par. (e) may (l) That a person acting in a public office was
arise, it is necessary: regularly appointed or elected to it;
a. That the evidence is material (Cuyugan v. (m) That official duty has been regularly
Dizon, G.R. No. L-208, 1947); performed;
b. That the party had the opportunity to (n) That a court, or judge acting as such, whether
produce the same (People v. Balansag, in the Philippines or elsewhere, was acting in
G.R. No. L-41568, 1934); and the lawful exercise of jurisdiction;
c. That the said evidence is available only to (o) That all the matters within an issue raised in a
said party (People v. Tulale, 97 Phil. 953 case were laid before the court and passed
[unreported case]). upon by it; and in like manner that all matters
The adverse presumption of suppression of within an issue raised in a dispute submitted
evidence does not arise when: for arbitration were laid before the arbitrators
(1) the suppression is not willful; and passed upon by them;
(2) the evidence withheld is merely (p) That private transactions have been fair and
corroborative or cumulative; regular;
(3) the evidence is at the disposal of both (q) That the ordinary course of business has been
parties, and followed;
(4) the suppression is an exercise of a (r) That there was a sufficient consideration for a
privilege (People v. Navaja, G.R. No. contract;
104044, 1993). (s) That a negotiable instrument was given or
(f) That money paid by one to another was due indorsed for a sufficient consideration;
to the latter; (t) That an indorsement of a negotiable
(g) That a thing delivered by one to another instrument was made before the instrument
belonged to the latter; was overdue and at the place where the
(h) That an obligation delivered up to the debtor instrument is dated;
has been paid; (u) That a writing is truly dated;
(i) That prior rents or installments had been paid (v) That a letter duly directed and mailed was
when a receipt for the later one is produced; received in the regular course of the mail;
See, in connection with par. (i), the provisions For the presumption to arise, it must be proved
of Art. 1176, Civil Code, which also lays down that:
the presumption that interest has been paid if - The letter was properly addressed with
the principal is received by the creditor without postage pre-paid; and
reservation. (REGALADO, p.823) - That it was actually mailed (Barcelon, Roxas
(j) That a person found in possession of a thing Securities v. CIR, G.R. No. 157064, 2006)
taken in the doing of a recent wrongful act is If said letter was not returned to the sender, it
the taker and the doer of the whole act; is presumed that it was received by the
otherwise, that things which a person addressee (Sebastian v. WCC, et al., L-
possesses, or exercises acts of ownership 42587, 1978).
over, are owned by him or her; (w) That after an absence of seven (7) years,
The application of this disputable presumption it being unknown whether or not the absentee
is limited to cases where such possession is still lives, he or she is considered dead for all
either unexplained or that the proffered purposes, except for those of succession.
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The absentee shall not be considered dead for - The present spouse files a summary
the purpose of opening his or her succession proceeding for the declaration of
until after an absence of ten (10) years. If he presumptive death of the absentee.
or she disappeared after the age of seventy- (Republic of the Philippines v. Nilda B.
five years, an absence of five (5) years shall Tampus, G.R. No. 214243, 2016)
be sufficient in order that his or her succession (x) That acquiescence resulted from a belief that
may be opened. the thing acquiesced in was conformable to
The following shall be considered dead for all the law or fact;
purposes including the division of the estate (y) That things have happened according to the
among the heirs: ordinary course of nature and ordinary habits
1. A person on board a vessel lost during a of life;
sea voyage, or an aircraft with is missing, (z) That persons acting as copartners have
who has not been heard of for four (4) entered into a contract of co-partnership;
years since the loss of the vessel or (aa) That a man and woman deporting
aircraft; themselves as husband and wife have
2. A member of the armed forces who has entered into a lawful contract of marriage;
taken part in armed hostilities, and has (bb) That property acquired by a man and a
been missing for four (4) years; woman who are capacitated to marry each
3. A person who has been in danger of death other and who live exclusively with each other
under other circumstances and whose as husband and wife, without the benefit of
existence has not been known for four (4) marriage or under a void marriage, has been
years; obtained by their joint efforts, work or industry.
4. If a married person has been absent for (cc) That in cases of cohabitation by a man and a
four (4) consecutive years, the spouse woman who are not capacitated to marry each
present may contract a subsequent other and who have acquired property through
marriage if he or she has well-founded their actual joint contribution of money,
belief that the absent spouse is already property or industry, such contributions and
dead. In case of disappearance, where their corresponding shares, including joint
there is a danger of death the deposits of money and evidences of credit,
circumstances hereinabove provided, an are equal.
absence of only two (2) years shall be (dd) That if the marriage is terminated and the
sufficient for the purpose of contracting a mother contracted another marriage within
subsequent marriage. However, in any three hundred days after such termination of
case, before marrying again, the spouse the former marriage, these rules shall govern
present must institute summary in the absence of proof to the contrary:
proceedings as provided in the Family 1. A child born before one hundred eighty
Code and in the rules for declaration of days after the solemnization of the
presumptive death of the absentee, subsequent marriage is considered to
without prejudice to the effect of have been conceived during the former
reappearance of the absent spouse. marriage, provided it be born within the
There are four essential requisites for the three hundred days after the termination of
declaration of presumptive death: the former marriage.
- The absent spouse has been missing for 4 2. A child born after one hundred eighty days
consecutive years, or 2 consecutive years following the celebration of the subsequent
if the disappearance occurred where there marriage is considered to have been
is danger of death under the circumstances conceived during such marriage, even
laid down in Article 391 of the Civil Code; though it be born within the three hundred
(Family Code, Art. 41) days after the termination of the former
- The present spouse wishes to remarry; marriage.
- The present spouse has a well-founded (ee) That a thing once proved to exist continues
belief that the absentee is dead; and as long as is usual with things of that nature;
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(ff) That the law has been obeyed; alleges the death of one prior to the other,
(gg) That a printed or published book, purporting shall prove the same; in the absence of proof,
to be printed or published by public authority, they shall be considered to have died at the
was so printed or published; same time.
(hh) That a printed or published book, purporting
to contain reports of cases adjudged in Par. (kk) may be distinguished from the rule in
tribunals of the country where the book is par. (jj) as, in the former, it is not required that the
published, contains correct reports of such parties perished in a calamity and, furthermore, it
cases; only applies in questions of successional rights.
(ii) That a trustee or other person whose duty it The rule in par. (jj) applies only where the deaths
was to convey real property to a particular occurred during a calamity and applies to cases
person has actually conveyed it to him or her not involving successional rights, e.g., in
when such presumption is necessary to insurance cases. Furthermore, par. (kk) provides
perfect the title of such person or his or her a presumption of simultaneity in the deaths of the
successor in interest; persons called to succeed each other, while par.
(jj) That, except for purposes of succession, when (jj) provides for presumptions of survivorship.
two persons perish in the same calamity, such (REGALADO, p. 831)
as wreck, battle, or conflagration, and it is not
shown who died first, and there are no SOME DISPUTABLE PRESUMPTIONS
particular circumstances from which it can be EXPLAINED
inferred, the survivorship is determined from
the probabilities resulting from the strength 1. Presumption of innocence
and the age of the sexes, according to the
following rules: Applies to criminal cases.
1. If both were under the age of fifteen years,
the older is deemed to have survived; Section 14. (2) In all criminal prosecutions, the
2. If both were above the age sixty, the accused shall be presumed innocent until the
younger is deemed to have survived; contrary is proved, and shall enjoy the right to be
3. If one is under fifteen and the other above heard by himself and counsel, to be informed of
sixty, the former is deemed to have the nature and cause of the accusation against
survived; him, to have a speedy, impartial, and public trial,
4. If both be over fifteen and under sixty, and to meet the witnesses face to face, and to have
the sex be different, the male is deemed to compulsory process to secure the attendance of
have survived, if the sex be the same, the witnesses and the production of evidence in his
older; and behalf. However, after arraignment, trial may
5. If one be under fifteen or over sixty, and proceed notwithstanding the absence of the
the other between those ages, the latter is accused provided that he has been duly notified
deemed to have survived. and his failure to appear is unjustifiable. (Art. 3,
In order that the presumption of survivorship Sec 14(2), 1987 Constitution)
in par. (jj) may arise, it is necessary that (a)
the deaths occurred in a calamity, and (b) Equipoise Rule
there are no particular circumstances from Faced with two conflicting versions, the Court is
which it can be inferred that one died ahead of guided by the equipoise rule. Thus, where the
the other. Thus, regarding the third rule, if one inculpatory facts and circumstances are capable
is a one-day old child and the other is 61 years of two or more explanations, one of which is
old, it cannot be presumed that the one-day consistent with the innocence of the accused and
old child survived, in view of the second the other consistent with his guilt, then the
requirement. (REGALADO, p. 830) evidence does not fulfill the test of moral certainty
(kk) That if there is a doubt, as between two or and is not sufficient to support a conviction. The
more persons who are called to succeed each equipoise rule provides that where the evidence
other, as to which of them died first, whoever in a criminal case is evenly balanced, the
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constitutional presumption of innocence tilts the The doctrinal rule is that before an inference of
scales in favor of the accused. (People v. guilt arising from possession of recently stolen
Erguiza, G.R. No. 171348, 2008) goods can be made, the following basic facts
need to be proved by the prosecution, viz.:
2. A person takes ordinary care of his (1) the crime was actually committed;
concerns (2) the crime was committed recently;
(3) the stolen property was found in the
All men are presumed to be sane and normal and possession of the accused; and
subject to be moved by substantially the same (4) the accused is unable to satisfactorily explain
motives. his possession thereof.
When of age and sane, they must take care of For purposes of conclusively proving possession,
themselves. Courts operate not because one it is necessary that:
person has been defeated or overcome by (1) the possession must be unexplained by any
another but because he has been defeated or innocent origin;
overcome illegally. There must be a violation of (2) the possession must be fairly recent; and
law, the commission of what the law knows as an (3) the possession must be exclusive (Mabunga
actionable wrong before the courts are authorized v. People, G.R. No. 143039, 2004).
to lay hold of the situation and remedy it.
On this score, the Supreme Court has theretofore
Men may do foolish things, make ridiculous taken the stand that convictions in cases
contracts, use miserable judgment, and lose involving the foregoing assumptions are not
money by them — indeed, all they have in the actually sustained upon a presumption of law but
world; but not for that alone can the law intervene rest wholly upon an inference of fact as to the guilt
and restore. There must be, in addition, a of the accused. (U.S. v. Catimbang, G.R. No.
violation of law, the commission of what the law 11750, 1916)
knows as an actionable wrong, before the courts
are authorized to lay hold of the situation and On a rationale similar to that of the presumption
remedy it. (Valles v. Villa, G.R. No. 10028, 1916) in par. (j), it has been held that if a person had in
his possession a falsified document and he made
Exception: When one of the parties is unable to use of it, taken advantage of it and profited
read, or if the contract is in a language not thereby, the presumption is that he is the material
understood by him, and mistake or fraud is author of the falsification (People v. Sendaydiego,
alleged, the person enforcing the contract must et al., L-33252-54, 1978 and cases cited therein).
show that the terms thereof have been fully
explained to the former (Civil Code, Art. 1332) 4. A person acting in a public office was
regularly appointed or elected to it
3. Possession of stolen goods Reason
It would cause great inconvenience if in the first
This is not in conflict with the presumption of instance strict proof were required of appointment
innocence. At the start of the criminal case, the or election to office in all cases where it might be
court will apply the presumption of innocence. collaterally in issue.
But once the prosecution is able to prove that a
certain object has been unlawfully taken, that The burden of proof is on the adverse party to
there is a crime of theft committed and that the show that he was not appointed or designated.
prosecution has also proven that the accused is
in possession of this object unlawfully taken, and
then the presumption of innocence disappears.
The new presumption of guilt takes its place.
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5. An official duty has been regularly quasi-official capacities and to professional men
performed like surgeons and lawyers.
Reasons While law enforcers enjoy the presumption of

a. Innocence and not wrongdoing is to be regularity in the performance of their duties, this
presumed; presumption cannot prevail over the
b. An official oath will not be violated; constitutional right of the accused to be presumed
c. A republican form of government cannot innocent and it cannot by itself constitute proof of
survive unless a limit is placed upon guilt beyond reasonable doubt. The presumption
controversies and certain trust and confidence of regularity is merely just that - a mere
reposed in each government, department, or presumption disputable by contrary proof and
agent at least to the extent of such which when challenged by evidence cannot be
presumption. (People v. De Guzman, G.R. regarded as binding truth. (People v. Hementiza,
No. 106025, 1994) G.R. No. 227398, 2017)
Instances when the presumption of regularity 7. Regularity of judicial proceedings

cannot be invoked:
The court rendering the judgment is presumed to
The respondent, who is a public officer or have jurisdiction over the subject matter and the
employee, in writ of Amparo cases, cannot invoke parties and to have rendered a judgment valid in
the presumption (The Rule on the Writ of Amparo, every respect.
A.M. No. 07-9-12-SC, Sec. 17)
Jurisdiction is presumed in all cases, be it of a
In custodial investigations (People v. Rodriguez, superior or inferior court.
G.R. No. 112262, 1996)
8. Private transactions have been fair and
Where the official act in question is irregular on regular
its face, no presumption of regularity can arise
(People v. Casabuena, G.R. No. 186455, 2014) An individual intends to do right rather than wrong
and intends to do only what he has the right to do.
When there is gross disregard of the procedural
safeguards set forth in Republic Act No. 9165, In the absence of proof to the contrary, there is a
serious uncertainty is generated as to the identity presumption that all men act fairly, honestly, and
of the seized items that the prosecution in good faith.
presented in evidence. Such doubt cannot be
remedied by merely invoking the presumption of 9. Ordinary course of business has been
regularity in the performance of official duties for followed
a gross, systematic, or deliberate disregard of the
procedural safeguards effectively produces an Those who were engaged in a given trade or
irregularity in the performance of official duties. business are presumed to be acquainted with the
(People v. Lagahit, G.R. No. 200877, 2014) general customs and usages of the occupation
and with such other facts as are necessarily
6. The presumption of regularity and legality incident to the proper conduct of the business.
of official acts is applicable to criminal as well
as civil cases. 10. Evidence willfully suppressed would be
adverse if produced.
This presumption of authority is not confined to
official appointees. It has been extended to The natural conclusion is that the proof, if
persons who have been appointed pursuant to a produced, instead of rebutting, would support the
local or special statute to act in quasi-public or inference against him and the court is justified in
acting upon the conclusion.
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No presumption of legitimacy or illegitimacy Bangko Sentral ng Pilipinas, G.R. No.

(Rule 131, Sec. 4) 194964-65, 2016)
4. There is a disputable presumption that things
A child born after three hundred days following have happened according to the ordinary
the dissolution of a marriage or the separation of course of nature and the ordinary habits of life.
the spouses will not be presumed legitimate or All of the foregoing evidence, that a person
illegitimate. Whoever alleges the legitimacy or with typical Filipino features is abandoned in a
illegitimacy of such child must prove his or her Catholic Church in a municipality where the
allegation. population of the Philippines is
overwhelmingly Filipinos such that there
It is a generally accepted principle of international would be more than a 99% chance that a child
law to presume foundlings as having been born born in the province would be a Filipino, would
of nationals of the country in which the foundling indicate with more than ample probability if not
is found. (Poe-Llamanzares v. Comelec, G.R. No. statistical certainty, that petitioner's parents
221697, 2016) are Filipinos. (Poe-Llamanzares, v.
COMELEC, G.R. No. 221697, 2016)
JURISPRUDENCE ON DISPUTABLE 5. “Ownership of copyrighted material is shown
PRESUMPTIONS by proof of originality and copyrightability.”
1. A certificate of stock is a written instrument While it is true that where the complainant
signed by the proper officer of a corporation presents a copyright certificate in support of
stating or acknowledging that the person the claim of infringement, the validity and
named in the document is the owner of a ownership of the copyright is presumed. This
designated number of shares of its stock. It is presumption, however, is rebuttable and it
prima facie evidence that the holder of the cannot be sustained where other evidence in
certificate of stock is a shareholder of a the record casts doubt on the question of
corporation. (Teng v. SEC and Ting Ping Lay, ownership, (Olano v. Lim Eng Co, G.R. No.
G.R. No. 184332, 2016) 195835, 2016)
2. The burden of proof in overcoming the 6. Manuel's birth certificate, a public document
presumption of State ownership of the lands and an official record in the custody of the Civil
of the public domain is on the person applying Registrar, enjoys the presumption of regularity
for registration (or claiming ownership), who and authenticity. To defeat these
must prove that the land subject of the presumptions, the party making the allegation
application is alienable or disposable. To must present clear, positive and convincing
overcome this presumption, incontrovertible evidence of alteration. For obvious reasons,
evidence must be established that the land this burden cannot be discharged by the mere
subject of the application (or claim) is submission of an inconclusive report from the
alienable or disposable. (Central Mindanao Senate Committee and the presentation of an
University v. Republic, G.R. No. 195026, excerpt of an NBI report on the purported
2016) alterations. (Republic v. Harp, G.R. No.
3. Notarization creates a presumption of 188829, 2016)
regularity and authenticity of the document. 7. Section 3, Rule 131 of the Rules of Court
This presumption may be rebutted by strong, identifies the following as disputable
complete and conclusive proof to the contrary. presumptions: (1) private transactions have
While notarial acknowledgment attaches full been fair and regular; (2) the ordinary course
faith and credit to the document concerned, it of business has been followed; and (3) there
does not give the document its validity or was sufficient consideration for a contract. A
binding effect. When there is evidence presumption may operate against a
showing that the document is invalid, the challenger who has not presented any proof to
presumption of regularity or authenticity is not rebut it. The effect of a legal presumption upon
applicable. (University of Mindanao, Inc. v. a burden of proof is to create the necessity of
presenting evidence to meet the legal
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presumption or the prima facie case created c. Presumptions in civil actions and
thereby, and which, if no proof to the contrary proceedings; Presumption against an
is presented and offered, will prevail. The accused in criminal cases
burden of proof remains where it is, but by the
presumption, the one who has that burden is Presumptions in civil actions and
relieved for the time being from introducing proceedings
evidence in support of the averment, because
the presumption stands in the place of In all civil actions and proceedings not otherwise
evidence unless rebutted. In this case, provided for by the law or these Rules, a
because of Atanacio, affixing his signature on presumption imposes on the party against whom
the deed of absolute sale, there arose a it is directed the burden of going forward with
disputable presumption that consideration evidence to rebut or meet the presumption.
was paid. A mere allegation that no payment
was received is not sufficient to dispel such If presumptions are inconsistent, the presumption
legal presumption. Furthermore, the record that is founded upon weightier considerations of
shows an official communication, dated policy shall apply. If considerations of policy are
October 8, 1958, from the District Land Office of equal weight, neither presumption applies.
of Cebu to the Provincial Treasurer of Cebu (Rule 130, Sec. 5)
stating that Provincial Voucher No. 05358 was
disbursed in favor of Atanacio. (Mactan-Cebu Presumption of regularity in a petition for Writ
International Airport Authority v. Unchuan, of Amparo
2016)
8. Literally, res ipsa loquitur means the thing The presumption of regularity does not apply in a
speaks for itself. It is the rule that the fact of petition for a Writ of Amparo. Under Sec. 17 of the
the occurrence of an injury, taken with the Rule on the Writ of Amparo, the “respondent
surrounding circumstances, may permit an public official or employee cannot invoke the
inference or raise a presumption of presumption that official duty has been regularly
negligence, or make out a plaintiff’s prima performed to evade responsibility or liability.”
facie case, and present a question of fact for (Riano, 75)
defendant to meet with an explanation. (Cruz
v. Agas, G.R. No. 204095, 2015) Presumption of regularity in custodial
investigation
Under the res ipsa loquitur doctrine, expert
testimony may be dispensed with to sustain an The presumption of regularity of official acts does
allegation of negligence if the following requisites not apply during in-custody investigation, it is
obtain: incumbent upon the prosecution to prove during
a) the event is of a kind which does not ordinarily the trial that prior to questioning, the confessant
occur unless someone is negligent; was warned of his constitutionally-protected
b) the cause of the injury was under the exclusive rights. Trial courts should further keep in mind
control of the person in charge; and that even if the confession of the accused is
c) the injury suffered must not have been due to gospel truth, if it was made without the assistance
any voluntary action or contribution on the part of counsel, it is inadmissible in evidence
of the person injured. regardless of the absence of coercion or even if it
(Geromo v. La Paz Housing and Development had been voluntarily given. (Riano, 75 citing
Corporation, G.R. No. 211175, 2017) People v. Camat, G.R. No. 112262, 1996)
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Presumption against an accused in criminal courts from judicially pronouncing an accused as

cases guilty just because he could not impute any ill
motives to arresting officers in arresting him and
If a presumed fact that establishes guilt, is an from presuming the regularity of the arrest on that
element of the offense charged, or negates a basis alone. (Riano, 75 citing Casona v. People,
defense, the existence of the basic fact must be G.R. No. 179757, September 13, 2017)
proved beyond reasonable doubt and the
presumed fact follows from the basic fact beyond 8. CONSTRUCTION OF RULES OF
reasonable doubt. (Rule 130, Sec. 6) EVIDENCE
Note: Establish basic fact first, then presumption These rules shall be liberally construed in order
may apply to promote their objective of securing a just,
speedy, and inexpensive disposition of every
Example: In theft, you must first prove beyond action and proceeding. (Rule 1, Sec. 6)
reasonable doubt the basic fact of taking, then the
presumption of intent to gain may follow However, the rule on liberal construction is not a
license to disregard the evidence, or lack thereof
Presumption of regularity cannot overcome on record; or to misapply the laws. (Riano, 19
presumption of innocence citing Inter Orient Maritime Enterprises, Inc. v.
Creer III, G.R. No. 181921, 2014)
It must also be emphasized that the presumption
of regularity in the performance of official Rules on Electronic Evidence shall be liberally
functions cannot, by itself, overcome the construed to assist the parties in obtaining a just,
presumption of innocence. Evidence of guilt expeditious, and inexpensive determination of
beyond reasonable doubt, and nothing else, is cases. (A.M. No. 01-7-01-SC, Rule 2, Sec. 2)
required to erase all doubts as to the culpability
9. QUANTUM OF EVIDENCE
of the accused. (Riano, 74 citing Zafra v. People,
671 SCRA 396, 405, April 25, 2012)
QUANTUM OF FOR WHICH CASES
Hence, in case of conflict between the EVIDENCE
presumption of regularity in the performance of
duty of police officers and the presumption of Proof Beyond Criminal cases
innocence of the accused, the latter must prevail Reasonable Doubt
as the law imposes upon the prosecution the (Rule 133, Sec. 2)
highest degree of proof of evidence to sustain
conviction. (Riano, 74 citing People v. Guinto, Clear and Convincing Extradition cases
G.R. No. 198314, September 24, 2014) Evidence Charges filed against
(Gov’t of HK v. Olalia, judges and justices
It would be unconstitutional to place a higher G.R. No. 153675, 2007)
value in the presumption of regularity in the
performance of official duties – a mere tool of Preponderance of Civil cases
evidence – than in the more substantial Evidence
presumption of innocence favoring xxx an (Rule 133, Sec. 1)
accused – a right enshrined in the Bill of Rights.
(Casona v. People, G.R. No. 179757, September Substantial Evidence Administrative Cases,
13, 2017) (Rule 133, Sec. 6) Cases before Quasi-
Judicial Bodies, Writ of
Because presumption in the regularity of the Amparo
performance of duty is not sufficient for
conviction, the Court, in a subsequent
pronouncement, had the occasion to caution trial
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Degree of Proof That Satisfies the Burden of 1. PROOF BEYOND REASONABLE DOUBT
Proof
In a criminal case, the accused is entitled to an
Civil Cases acquittal unless his guilt is shown beyond
Preponderance of evidence. reasonable doubt.
The plaintiff has to establish his case by
preponderance of evidence. If he claims a right Proof beyond reasonable doubt does not mean
granted or created by law, he must prove such such a degree of proof as excluding the possibility
right. (Sps. Guidangen v. Wooden G.R. No. of error, produces absolute certainty.
174445, 2012) Moral certainty only is required, or that degree of
proof which produces conviction in an
Criminal Cases unprejudiced mind. (Rule 133 Sec. 2)
a) To Sustain Conviction
Guilt beyond reasonable doubt. Requiring proof of guilt beyond reasonable doubt
b) To File an Information necessarily means that mere suspicion of the
Probable cause. guilt of the accused, no matter how strong, should
Engenders a well-founded belief of the fact of not sway judgment against him. It further means
the commission of a crime, and that the that the courts should duly consider every
respondent is probably guilty thereof, and evidence favoring him; and that in the process,
should be held for trial the courts should persistently insist that
c) Issuance of warrant of arrest accusation is not synonymous with guilt; hence,
Probable cause (i.e., that there is reasonable every circumstance favoring his innocence
ground to believe that a criminal offense has should be fully taken into account. Without the
been committed and that the accused proof of his guilt being beyond reasonable doubt,
committed the offense). therefore, the presumption of innocence in favor
d) To deny bail when discretionary of the accused herein was not overcome. (People
When the evidence of guilt is strong v. Claro, G.R. No. 19994, 2017)
e) To accept a plea of guilty to a capital
offense That the accused voluntarily and fully CIRCUMSTANTIAL EVIDENCE
comprehended the consequences of his plea
f) To grant demurrer to evidence Circumstantial evidence is competent to establish
The evidence is insufficient to sustain a guilt as long as it is sufficient to establish beyond
conviction a reasonable doubt that the accused, and not
someone else, was responsible for the killing.
The prosecution has to prove its affirmative
allegations in the information (i.e., the elements For circumstantial evidence to suffice to convict
of the crime as well as the attendant an accused, the following requisites must concur:
circumstances); while the defense has to prove 1. There is more than one circumstance;
its affirmative allegations regarding the existence 2. The facts from which the inferences are
of justifying or exempting circumstances, derived are proven; and;
absolutory causes or mitigating circumstances. 3. The combination of all the circumstances is
such as to produce a conviction beyond
Hierarchy of Evidence reasonable doubt. In this case, these
1. Proof beyond reasonable doubt requisites for circumstantial evidence to
2. Clear and convincing evidence sustain a conviction are present. (People v.
3. Preponderance of evidence Oandasan, Jr., G.R. No. 194605, 2016; Rule
4. Substantial evidence 133, Sec.4)
To be clear, then, circumstantial evidence may be

resorted to when to insist on direct testimony
would ultimately lead to setting a felon free. The
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Rules of Court makes no distinction between 3. PREPONDERANCE OF EVIDENCE

direct evidence of a fact and evidence of
circumstances from which the existence of a fact In civil cases, the party having the burden of proof
may be inferred; hence, no greater degree of must establish his case by a preponderance of
certainty is required when the evidence is evidence. (Rule 133, Sec. 1)
circumstantial than when it is direct.
In civil cases, the party having the burden of proof
In either case, the trier of fact must be convinced must establish his case by preponderance of
beyond a reasonable doubt of the guilt of the evidence, or that evidence which is of greater
accused. Nor has the quantity of circumstances weight or is more convincing than that which is in
sufficient to convict an accused been fixed as to opposition to it. (BPI v. Reyes, G.R. 157177,
be reduced into some definite standard to be 2008)
followed in every instance. (People v. Magbitang,
G.R. No. 175592, 2016) It does not mean absolute truth; rather, it means
that the testimony of one side is more believable
2. CLEAR AND CONVINCING EVIDENCE than that of the other side, and that the probability
of truth is on one side than on the other. (Rivera
Evidence is clear and convincing if it produces in v. Court of Appeals, G.R. No. 115625, 1998)
the mind of the trier of fact a firm belief or
conviction as to allegations sought to be Land Bank failed to prove that the amount
established. (Black’s Law Dictionary, 5thed., 596) allegedly “miscredited” to Oñate’s account came
from the proceeds of the pre-terminated loans of
Clear and convincing evidence is evidence its clients. It is worth emphasizing that in civil
indicating that the thing to be proved is highly cases, the party making the allegations has the
probable or reasonably certain. burden of proving them by preponderance of
evidence. Mere allegation is not sufficient. (Land
This is a greater burden than preponderance of Bank of the Philippines v. Emmanuel C. Oñate,
evidence, the standard applied in most civil trials, G.R. No. 192371, 2014)
but less than evidence beyond a reasonable
doubt, the norm for criminal trials. (Black’s Law Positive identification where categorical and
Dictionary, 8thed., 596) consistent and without any showing of ill motive
on the part of the eyewitness testifying on the
An accused who invokes self-defense must prove matter, prevails over a denial which, if not
it by clear and convincing evidence. (Guevarra v. substantiated by clear and convincing evidence,
People, G.R. No. 170462, 2014) is negative and self-serving evidence
undeserving of weight in law. They cannot be
In extradition cases, the potential extraditee must given greater evidentiary value over the
prove by "clear and convincing evidence" that he testimony of credible witnesses who testify on
is not a flight risk and will abide with all the orders affirmative matters. (People v. Caballero y
and processes of the extradition court. (Gov’t of Garsola, G.R. No. 210673, 2016)
HK v. Olalia, G.R. No. 153675, 2007)
Factors which the court may consider in
The rule is that charges of misconduct against determining where the preponderance or
judges should be proven by clear and convincing superior weight of evidence lies:
evidence, otherwise they should be dismissed. 1. All the facts and circumstances of the case;
(Pesole v. Rodriguez, A.M. No. 755-MJ, 1978) 2. The witnesses’
a) manner of testifying;
b) their intelligence;
c) their means and opportunity of knowing the
facts to which they are testifying;
d) the nature of the facts to which they testify;
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e) the probability or improbability of their 2. MATTERS OF JUDICIAL NOTICE

testimony;
f) their interest or want of interest; Judicial Notice
g) their personal credibility so far as the same Cognizance of certain facts which judges may
may legitimately appear upon the trial. properly take and act on without proof because
3. The number of witnesses (though they already know them.
preponderance is not necessarily with the
greater number.) (Rule 133, Sec. 1) Object of Judicial Notice
Judicial notice is based on convenience and
4. SUBSTANTIAL EVIDENCE expediency. It would certainly be superfluous,
inconvenient, and expensive both to parties and
In cases filed before administrative and quasi- the court to require proof, in the ordinary way, of
judicial bodies, a fact may be deemed established facts which are already known to the courts.
if it is supported by substantial evidence.
Direct Effect of Judicial Notice
Substantial evidence is that amount of relevant
evidence which a reasonable mind might accept Judicial notice relieves the parties from the
as adequate to justify a conclusion. (Rule 133, necessity of introducing evidence to prove the
Sec. 6) fact noticed. It makes evidence unnecessary.
As in all administrative cases, the quantum of The stipulation and admission of the parties or
proof necessary in election cases is substantial counsel cannot prevail over the operation of the
evidence, or such relevant evidence as a doctrine of judicial notice, and such stipulation
reasonable mind will accept as adequate to and admissions are all subject to the operation of
support a conclusion. (Sabili v. Comelec, G.R. the doctrine.
No. 193621, 2012)
Judge’s Personal Knowledge of the Facts
Judicial notice is not judicial knowledge. The
mere personal knowledge of the judge is not the
B. JUDICIAL NOTICE AND ADMISSIONS judicial knowledge of the court, and he is not
authorized to make his individual knowledge of a
1. WHAT NEED NOT BE PROVED fact, not generally or professionally known, the
basis of his action. Judicial cognizance is taken
What Need Not be Proved
only of those matters which are “commonly”
1. Facts which are presumed (Rule 131)
known. (Spouses Latip v. Chua, G.R. No.
2. Facts of judicial notice (Rule 129)
177809, 2009)
3. Facts which are judicially admitted (Rule 129)
4. Matters of law a. Mandatory
Except: Foreign law which needs to be proved
in accordance with Sec. 24 of Rule 132. Mandatory
Takes place at the court’s own initiative and it
In the case of presumptions, the proponent still needs no hearing.
has to introduce evidence of the basis of the
presumption, that is, he has to introduce evidence Section 1. Judicial notice, when mandatory. — A
of the existence or non-existence of the facts from court shall take judicial notice, without the
which the court can draw the inference of the fact introduction of evidence, of the existence and
in issue. territorial extent of states, their political history,
forms of government and symbols of nationality,
In the case of judicial notice and judicial the law of nations, the admiralty and maritime
admissions, as a rule, the proponent does not courts of the world and their seals, the political
have to introduce any evidence. (Regalado, constitution and history of the Philippines, the
p.819) official acts of legislative, executive and judicial
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departments of the National Government of the b. Discretionary

Philippines, the laws of nature, the measure of
time, and the geographical divisions. (Rule 129, Discretionary
Sec. 1) May be at the court’s own initiative or on request
of a party.
WHEN JUDICIAL NOTICE IS MANDATORY
(RULE 129, SEC. 1) A hearing is necessary:
1. Existence and territorial extent of states 1. During pre-trial and the trial, the court, motu
The territorial extent of the nation and of the proprio or upon motion, shall hear the parties
several states and the division of states into on the propriety of taking judicial notice of any
towns, countries and other political matter. (Rule 129, Sec. 3, par. 1)
subdivisions are generally regulated by public 2. Before judgment or on appeal, the court, motu
laws and also matters of general notoriety. proprio or upon motion, may take judicial
Hence the courts do not require proof of such notice of any matter and shall hear the parties
facts. (Herrera, Remedial Law Vol V, 78-79) thereon if such matter is decisive of a material
2. Their political history, forms of government issue in the case. (Rule 129, Sec. 3, par. 2)
and symbols of nationality
3. The law of nations Purpose of hearing
The law of nations, as opposed to foreign law, Not for the presentation of evidence but to afford
is subject to mandatory judicial notice as the the parties reasonable opportunity to present
Philippines adopts the generally accepted information relevant to the propriety of taking
principles of international law as part of the law such judicial notice or to the tenor of the matter to
of the land. be noticed.
4. The admiralty and maritime courts of the
world and their seals Test of Notoriety
5. The political constitution and history of the
Philippines The doctrine of judicial notice rests on the wisdom
6. The official acts of the legislative, executive and discretion of the courts. The power to take
and judicial departments of the National judicial notice is to be exercised by the courts with
Government of the Philippines caution; care must be taken that the requisite
The lower courts should take judicial notice of notoriety exists; and every reasonable doubt
the fact that Congress and the Supreme Court upon the subject should be promptly resolved in
have both officially recognized the University the negative.
of the Philippines’ indefeasible title to its
landholdings. (Republic v. Rosario, G.R. No. For a matter to be taken judicial notice of by the
186635, 2016) courts of law, it must be a subject of common and
The Senate Report, an official act of the general knowledge. In other words, judicial notice
legislative department, may be taken judicial of facts is measured by general knowledge of the
notice of. (CLT Realty Development Corp. v. same facts. A fact is said to be generally
Hi-Grade Feeds Corporation, G.R. No. recognized or known when its existence or
160684, 2015) operation is accepted by the public without
7. The laws of nature qualification or contention.
Example: The recurrence of seasons
8. The measure of time The test is whether the act involved is so
Example: There are 24 hours in a day notoriously known as to make it proper to assume
9. The geographical divisions its existence without proof. The fact that a belief
Example: Certain cities are divided into lots, is not universal, however, is not controlling for it
blocks and streets. is very seldom that any belief is accepted by
everyone. It is enough that the matters are
familiarly known to the majority of mankind or
those persons with the particular matter in
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question. (20 Am Jur 49-50; Martin, Rules of

Court 37, Second Edition). Matters which are capable of unquestionable
demonstration pertain to fields of professional
Furthermore, a matter may be personally known and scientific knowledge. Thus, facts which are
to the judge and yet not be a matter of judicial universally known, and which may be found in
knowledge and vice versa, a matter may not be encyclopedias, dictionaries or other publications,
actually known to an individual judge, and are judicially noticed, provided, they are of such
nevertheless be a proper subject of judicial universal notoriety and so generally understood
cognizance. (Republic v. Court of Appeals, G.R. that they may be regarded as forming part of the
No. L-54886, 1981) common knowledge of every person.
(Expertravel & Tours, Inc. v. CA, G.R. No.
Judicial notice is limited to facts evidenced by 152392, 2005.)
public records and facts of general notoriety. A
judicially noticed fact must be one NOT subject to 3. The matter is one that is ought to be
a reasonable dispute. Thus, a court cannot take known to judges because of their judicial
judicial notice of a factual matter in controversy. functions.
When Judicial Notice is Discretionary An example would be facts which are

(Rule 129, Sec. 2) ascertainable from the record of court
proceedings, e.g., as to when court notices were
1. The matter is one of public or common received by a party.
knowledge
This only applies to the records and events in the
“Commonly Known” same case pending before the court. Courts are
Things of “common knowledge,” of which courts not authorized to take judicial notice of the
take judicial notice, may be matters coming to the contents of the records of other cases, even when
knowledge of men generally in the course of the such cases have been tried or are pending in the
ordinary experiences of life, or they may be same court and pending before the same judge.
matters which are generally accepted by mankind (People v. Hernandez, G.R. No. 108028, 1996)
as true and are capable of ready and
unquestioned demonstration. Thus, facts which The taking of judicial notice is a matter of
are universally known, and which may be found expediency and convenience for it fulfills the
in encyclopedias, dictionaries or other purpose that the evidence is intended to achieve,
publications, are judicially noticed, provided they and in this sense, it is equivalent to proof. (Land
are of such universal notoriety and so generally Bank of the Philippines v. Yatco Agricultural
understood that they may be regarded as forming Enterprises, G.R. No. 172551, 2014.)
part of the common knowledge of every person.
(Spouses Omar and Moshiera Latip v. Chua, When Hearing is NECESSARY; Purpose
G.R. No. 177809, 2009) Not for the presentation of evidence but to afford
the parties reasonable opportunity to present
Judicial notice is not judicial knowledge information relevant to the propriety of taking
The mere personal knowledge of the judge is not such judicial notice or to the tenor of the matter to
the judicial knowledge of the court, and he is not be noticed.
authorized to make his individual knowledge of a
fact, not generally or professionally known, the Stages Where the Court May Take Judicial
basis of his action. Judicial cognizance is taken Notice of a Fact
only of those matters which are "commonly" 1. Pre-trial
known. (Land Bank v. Wycoco, G.R. No. 140160, 2. During trial;
2004) 3. After trial and before judgment;
2. The matter must be capable of 4. Appeal
unquestionable demonstration
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Note: The court may do this motu proprio or upon withdrawn from the archives AND admitted as
motion of the parties part of the record of the case then pending.
These conditions must be established. (Tabuena
Distinction Between Judicial Notice Taken v. Court of Appeals, G.R. No. 85423, 1991)
During Trial and That Taken After Trial but
Before Judgment or on Appeal: Other Jurisprudence on Judicial Notice
STAGE DURING AFTER THE TRIAL
Judicial notice signifies that there are certain
TRIAL AND BEFORE
“facta probanda” or propositions in a party’s case,
JUDGMENT, OR ON
as to which he will not be required to offer
APPEAL
evidence; these will be taken for true by the
How to The court, on its own initiative, OR on tribunal without the need of evidence. (People v.
take the request of a party Rullepa, G.R. No. 131516, 2003)
judicial
notice? This Court takes judicial notice that the validity of
the RTC Orders has been upheld in a separate
Kind of Any matter Matter is decisive of a petition before this Court, under G.R. SP No.
matter material issue in the 171429 entitled Antonio Dela Cruz v. Regulus
case Development, Inc. (Regulus Development, Inc. v.
Antonio Dela Cruz, G.R. No. 198172. January 25,
2016)
Judicial Notice of Records of Other Cases
The mere personal knowledge of the judge is not
General Rule: Courts are not authorized to take the judicial knowledge of the court, and he is not
judicial notice of the contents of the records of authorized to make his individual knowledge of a
other cases, even when such have been tried or fact, not generally or professionally known, the
are pending in the same court and with the same basis of his action.
judge.
In this case, judicial notice of the age of the victim
Exceptions: is improper, despite the defense counsel’s
They may, however, take judicial notice of a admission thereof acceding to the prosecution's
decision or the facts prevailing in another case motion. As required by Section 3 of Rule 129, as
sitting in the same court if: to any other matters such as age, a hearing is
1. The parties present them in evidence, absent required before courts can take judicial notice of
any opposition from the other party. such fact. Generally, the age of the victim may be
2. The court, in its discretion, resolves to do so. proven by the birth or baptismal certificate of the
(Land Bank of the Philippines v. Yatco victim, or in the absence thereof, upon showing
Agricultural Enterprises, G.R. No. 172251, that said documents were lost or destroyed, by
2014) other documentary or oral evidence sufficient for
the purpose. (People v. Tundag, G.R. Nos.
In the absence of objection, and as a matter of 135695-96. October 12, 2000)
convenience to all parties, a court may properly
treat all or any part of the original record of a case A management contract entered into by a GOCC
filed in its archives as read into the record of a such as that involving the Philippine Ports
case pending before it when: Authority is not something the courts can take
1. In the absence of objection; judicial notice of, because it was entered into
2. With the knowledge of the opposing party OR while performing a proprietary function (Asian
at the request or with the consent of the Terminals v. Malayan Insurance, G.R. No.
parties; and 171406, 2011)
3. The case is clearly referred to OR the original
or part of the records of the case are actually
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Judicial notice may be taken of the fact that

By own initiative of the At the court’s own
contractual transactions with government or any
court initiative or on request of
of its instrumentalities are invariably in writing.
any of the parties
(Board of Liquidators v. Ricma, G.R. No. L-
24318, 1969)
No hearing Hearing required
The Court takes judicial cognizance of the fact
 During pre- trial and
that in rural areas in the Philippines, young ladies
trial – on the
are strictly required to act with circumspection
propriety of taking
and prudence (People v. Godoy, G.R. Nos.
judicial notice of any
115908-09, 1995)
matter
 Before judgment or
We point out in this respect that courts cannot
on appeal – if such
take judicial notice that vehicular accidents cause
matter is decisive of
whiplash injuries. This proposition is not public
a material issue in
knowledge, or capable of unquestionable
the case.
demonstration, or ought to be known to judges
because of their judicial functions. We have no
expertise in the field of medicine. Justices and JUDICIAL NOTICE OF FOREIGN LAWS, LAW
judges are only tasked to apply and interpret the OF NATIONS AND MUNICIPAL ORDINANCE
law on the basis of the parties’ pieces of evidence
and their corresponding legal arguments. (Dela Rule on Foreign Laws
Llana v. Biong, G.R. No. 182356, 2013) General Rule: Courts cannot take judicial notice
of foreign laws. Foreign laws have to be proved
In international law, the party who wants to have like any other fact. (Del Socorro v. Van Wilsem,
a foreign law applied to a dispute or case has the G.R. 193707, 2014)
burden of proving the foreign law. The foreign law Exceptions:
is treated as a question of fact to be properly 1. When the said laws are already within the
pleaded and proved as the judge or labor arbiter actual knowledge of the court, such as when
cannot take judicial notice of a foreign law. He is they are well and generally known or they
presumed to know only domestic or forum law. have been actually ruled upon in other cases
Where a foreign law is not pleaded or, even if before it and none of the parties concerned do
pleaded, is not proved, the doctrine of not claim otherwise. (PCIB v. Escolin, G.R.
processual presumption applies and the Nos. L-27860 and L-27896, 1974)
presumption is that foreign law is the same as 2. A published treatise, periodical or pamphlet on
ours. (ATCI Overseas Corp. v. Echin, G.R. No. a subject of history, law, science, or art is
178551, 2010) admissible as tending to prove the truth of a
matter stated therein if the court takes judicial
Distinction between Mandatory Judicial notice, or a witness expert in the subject
Notice and Discretionary Judicial Notice testifies, that the writer of the statement in
the treatise, periodical or pamphlet is
MANDATORY DISCRETIONARY
recognized in his profession or calling as
JUDICIAL NOTICE JUDICIAL NOTICE
expert in the subject. (Rule 130, Sec. 48) For
example, courts can cite the treatise of
Wigmore on Evidence without need of
Court is compelled to Court not compelled testimony from a witness.
take judicial notice
Stipulation by the parties – If the parties in a given
case do not have any controversy or are more or
less in agreement, the Court may take it for
granted for the purposes of the particular case
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before it that the said laws are as such virtual

agreement indicates, without the need of When the foreign law is part of a published
requiring the presentation of what otherwise treatise, periodical or pamphlet and the writer is
would be the competent evidence on the point. recognized in his profession or calling as an
(PCIB v. Escolin, G.R. Nos. L-27860 and L- expert in the subject, the court may take judicial
27896, 1974) notice of the treatise containing the foreign law.
(See Rule 130, Sec. 48)
How foreign laws are proved
Doctrine of Processual Presumption
A written foreign law maybe proved by: If the foreign law is not properly proved, the
a. An official publication; or foreign law is presumed to be the same as the law
b. A copy attested by the officer having legal in the Philippines (Northwest Orient Airlines v
custody of the record, or by his deputy. Court of Appeals, G.R. No. 112573, 1995)
If the office in which the record is kept is in a Rule on Court Records

foreign country which is a contracting party to a 1. Court’s Own Acts and Records
treaty or convention to which the Philippines is A court may take judicial notice of its OWN acts
also a party, or considered a public document and records in the SAME case.
under such treaty or convention pursuant to 2. Records of Other Cases
paragraph (c) of Sec. 19 hereof: the certificate or General Rule: Courts are not authorized to
its equivalent shall be in the form prescribed by take judicial notice of the contents of the
such treaty or convention subject to reciprocity records of other cases, even when such have
granted to public documents originating from the been tried or are pending in the same court
Philippines and with the same judge.
Exceptions:
For documents originating from a foreign country 1. A party clearly makes reference to the
which is not a contracting party to a treaty or records of another case and there is no
convention referred to in the next preceding objection by the other party;
sentence: the certificate may be made by a 2. Judicial notice is at the request or with the
secretary of the embassy or legation, consul- consent of the parties; or
general, consul, vice-consul or consular agent or 3. The original or part of the records of the
by any officer in the foreign service of the case are actually withdrawn from the
Philippines stationed in the foreign country in archives and are admitted as part of the
which the record is kept, and authenticated by the record of the case pending. (Tabuena v.
seal of his or her office. (Rule 132, Sec. 24) CA, G.R. No. 85423, 1991)
Note: Rule 132, Sec. 24: “A document that is Judicial Notice of Other Matters
accompanied by a certificate or its equivalent 1. A court can take judicial notice of banking
may be presented in evidence without further practices.
proof, the certificate or its equivalent being prima 2. A court cannot take judicial notice of an
facie evidence of the due execution and administrative regulation or of a statute that is
genuineness of the document involved. The not yet effective.
certificate shall not be required when a treaty or 3. A court cannot take judicial notice of the age
convention between a foreign country and the of the victim without hearing and presentation
Philippines has abolished the requirement, or has of proof.
exempted the document itself from this formality.”
NOTE: This does NOT EXCLUDE presentation of

other competent evidence such as testimony of
witnesses skilled in that foreign law (CIR v.
Fisher, G.R. No. L-11622, 1961).
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3. JUDICIAL ADMISSIONS Distinction between Judicial Admission and

Extra-Judicial Admission
Admissions, oral or written, made by a party in the
course of the proceedings in the same case. JUDICIAL EXTRA-JUDICIAL
(Rule 129, Sec. 4) ADMISSIONS ADMISSION
(Rule 129, Sec. 4) (Rule 130, Sec. 26)
Elements of Judicial Admissions
1. Must be made by a party to a case; and Admission must be Out-of-court-
2. Must be made in the course of the proceedings made in the course of declarations, or in a
in the same case. the proceedings in the judicial proceeding
3. No particular form is required; thus a judicial same case other than the one
admission may be oral or written. under consideration
Conclusive upon the Rebuttable

Forms of Judicial Admission
admitter subject to some
1. May be oral
exceptions
Examples:
a) Verbal waiver of proof made in open court Does not require proof Requires proof that the
b) Admission made by a witness in the course admission was made
of his testimony or deposition
2. May be written
Examples: a. Effect of judicial admissions
a) Pleading
An admission, oral or written, made by the party
b) Bill of Particulars
in the course of the proceedings in the same
c) Stipulation of Facts (People v. Hernandez,
case, does not require proof. (Rule 129, Sec. 4)
G.R. No. 108028, 1996)
d) Sworn Response to a Request for
Considering that an admission does not require
Admission
proof, the admission of the petitioners would
e) Affidavit used in the case
actually be sufficient to prove the partition even
f) Depositions
without the documents presented by the
g) Written Interrogatories
respondent spouses. If anything, the additional
h) Motions (Republic v. de Guzman, G.R. No.
evidence they presented only served to
175021, 2011)
corroborate the petitioners' admission.
(Dimaguila v. Sps. Monteiro, G.R. No. 201011,
Judicial admissions may be made by either a
2014)
party or his counsel.
Judicial admissions are legally binding on the
When a defendant is declared in default for
party making the admissions. (Sps. Noynay v.
having failed to answer the complaint, such a
Citihomes Builder & Development, Inc., G.R. No.
failure does not amount to an admission of the
204160, 2014)
facts alleged in the complaint.
A judicial admission binds the person who makes
To be considered a judicial admission, the
the same, and absent any showing that this was
admission must be made in the same case;
made through palpable mistake, no amount of
otherwise, it is an extrajudicial admission.
rationalization can offset it. (CIR v. MERALCO,
G.R. No. 181459, 2014)
Extra-Judicial Admissions
Are those made out of court, or in a judicial
Though the title to the property was initially filed
proceeding other than the one under
in court through the Joint Answer, however,
consideration.
petitioner Republic failed to refute the same, and
even marked it during pre-trial. Hence, petitioner
Republic already admitted its genuineness and
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due execution. Such judicial admission was for the withdrawal or exclusion of such
correctly considered by public respondent admission due to palpable mistake.
Sandiganbayan in resolving the demurrer to
evidence. When the due execution and Other Judicial Admissions
genuineness of an instrument are deemed
admitted because of the adverse party's failure to Admissions in Drafted Documents
make a specific verified denial thereof, the An admission made in a document drafted for
instrument need not be presented formally in purposes of filing as a pleading but never filed, is
evidence for it may be considered an admitted not a judicial admission. If signed by a party, it is
fact. (Republic v. Sandiganbayan, G.R. No. deemed an extrajudicial admission. If signed by
189590, 2018) the attorney, it is not deemed as an admission by
the party. An attorney only has the authority to
b. How judicial admissions may be make statements on behalf of his clients in open
contradicted court or in a pleading actually filed.
General Rule: A judicial admission is conclusive Hypothetical Admissions

upon the party making it and does not require Not all allegations or admissions in civil cases
proof may be considered as judicial admissions
Exceptions: Judicial admissions may be because the Rules on Civil Procedure allow a
contradicted ONLY by showing that: litigant to make hypothetical admissions in his
1. The admission was made through PALPABLE pleading.
MISTAKE Examples:
2. That the imputed admission was not, in fact, 1. When a defendant sets up affirmative
made. defenses in his answer (Rule 6, Sec. 5[b]
2. When defendant files a motion to dismiss
This may be invoked when the statement of a based on lack of jurisdiction over the subject
party is taken out of context or his statement was matter of the claim.
made not in the sense it is made to appear by the
other party. (Phil. Health Care Providers v. c. Pre-trial admissions
Estrada, G.R. No. 171052, 2008)
Admissions in the Pre-Trial of Civil Cases
When Pleading Superseded or Amended In civil cases, pre-trial is mandatory. Therefore,
Pleadings that are superseded or amended admissions in pre-trial, as well as those made
“disappear” from the record and any admissions during the depositions, or in sworn responses to
made in such pleadings cease to be judicial interrogatories or requests for admission are all
admissions. In order that any statement deemed judicial admissions because they are
contained therein may be considered as made in the course of the proceedings of the
evidence, a party should formally offer the case.
superseded or amended pleading in evidence.
(Ching v. CA, G.R. No. 110844, 2000) Admissions in the Pre-Trial of Criminal Cases
An admission made by the accused in the pre-
Remedies of a Party Who Made a Judicial trial of a criminal case is not yet admissible
Admission against him. To be admissible, it must be
a) Motion to Withdraw: For written judicial reduced to writing and signed by both the
admissions, by filing a motion to withdraw the accused and the counsel.
pleadings, motion or other written instrument
containing such admission; or by moving that
such admission be deemed withdrawn or
disregarded due to palpable mistake.
b) Motion for Exclusion: For oral judicial
admissions, counsel in open court may move
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Distinction: Admissions in Pre-Trial other person. The basis for admissibility of

admissions made vicariously is that arising from
PRE-TRIAL IN CIVIL PRE-TRIAL IN
the ratification or adoption by the party of the
CASES CRIMINAL CASES
statements which the other person had made. In
Admissions in pre-trial, The admission must the Angara Diary, Estrada’s options started to
as well as those made be: dwindle when the armed forces withdrew its
during the depositions, or (1) reduced to writing support. Thus, Executive Secretary Angara had
in sworn responses to and to ask Senate President Pimentel to advise
interrogatories or (2) signed by both the petitioner to consider the option of dignified exit
requests for admission accused and counsel or resignation. Estrada did not object to the
are deemed judicial suggested option but simply said he could never
admissions since they leave the country. His silence on this and other
are made in the course of related suggestions can be taken as an
the proceedings of the admission by him. (Estrada v. Desierto, G.R. Nos.
case 146710-15, 2001)
Admissions in Amended Pleadings

When a pleading is amended, the amended C. OBJECT (REAL) EVIDENCE
pleading supersedes the pleading that it amends
and the admissions in the superseded pleading 1. NATURE OF OBJECT EVIDENCE
may be received in evidence against the pleader
Objects as evidence are those addressed to the
as extrajudicial admissions which must be
senses of the court. When an object is relevant to
proven.
Having been amended, the original complaint the fact in issue, it may be exhibited to, examined
or viewed by the court. (Rule 130, Sec. 1)
loses its character as a judicial admission which
would require no proof. It is now an extrajudicial
admission which requires proof (Torres v. Court It refers to the real thing itself and it consists of
of Appeals, G.R. No. L-37420, July 31, 1984) tangible things, not merely perceptions of the
witness and a recollection of those perceptions.
Admissions by Counsel
General Rule: Admissions by a counsel are Object evidence is not visual alone. It covers the
generally conclusive upon his client. entire range of human senses: hearing, taste,
smell, and touch. (Riano p. 116)
Negligence of counsel binds the client (Sarraga
v. Banco Filipino Savings & Mortgage Bank, G.R.
No. 143783). Limitations on the Use of Object Evidence
Exception: In cases where: The court MAY refuse the introduction of object
1. Reckless or gross negligence of counsel evidence and rely on testimonial evidence alone
deprives the client of due process of law; if:
1. The exhibition of such object is contrary to
2. When its application will result in outright
morals or decency; (Regalado, p. 716 citing 5
deprivation of the client’s liberty or property; or
3. When the interests of justice so require: Moran, op. cit., p. 72)
Relief is accorded the client who suffered by 2. To require its being viewed in court or in an
ocular inspection would result in delays,
reason of the lawyer’s gross or palpable mistake
or negligence. (Villanueva v. People, G.R. No. inconvenience, unnecessary expenses out of
188630, 2011) proportion to the evidentiary value of such
object; (Regalado, p. 716 citing People v.
Adoptive Admissions Moreno 83 Phil. 286)
An adoptive admission is a party’s reaction to a 3. Such object evidence would be confusing or
statement or action by another person when it is misleading, as when the purpose is to prove
reasonable to treat the party’s reaction as an the former condition of the object and there is
admission of something stated or implied by the no preliminary showing that there has been no
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substantial change in said condition from the requirement of formal offer, however,
(Regalado, p. 716 citing People v. Saavedra such practice is part and parcel of having an
[CA], 50 o.g. 5407;) or object evidence admitted, because authenticity is
4. The testimonial or documentary evidence an inherent attribute of relevance – a component
already presented clearly portrays the object of admissibility. (People v. Olarte, G.R. No.
in question as to render a view thereof 233209, March 11, 2019)
unnecessary (Regalado p. 716, citing Sec. 7,
Rule 133). The obvious reason is that an object offered in
court as evidence but without having any part in
Even if the object is repulsive or indecent, if a the fact or event sought to be proven by the
view of the same is necessary in the interest of proponent is irrelevant because it has no “relation
justice, such evidence may still be exhibited but to the fact in issue as to induce a belief in its
the court may exclude the public from such view. existence or nonexistence. (People v. Olarte,
G.R. No. 233209, March 11, 2019)
2. REQUISITES OF ADMISSIBILITY
NOTE: Under the Judicial Affidavit Rule, object
1. The object must be relevant to the fact in issue; evidence now requires authentication or
2. The object must be authenticated before it is testimonial sponsorship before it may be admitted
admitted; or considered by the court. (People v. Olarte,
3. The authentication must be made by a G.R. No. 233209, March 11, 2019; please see
competent witness; Secs.2 and 8 (c) of the Judicial Affidavit Rule )
4. The object must be formally offered in
evidence. (Riano) Standard of Proper Foundation
Reason for Admissibility If the proffered evidence is unique, readily

The evidence of one’s own senses furnishes the identifiable, and relatively resistant to change,
strongest probability of the existence of any that foundation need only consist of testimony by
sensible fact. a witness with knowledge that the evidence is
what the proponent claims.
AUTHENTICATION
Otherwise, the chain of custody rule has to be
To be admissible in evidence, the object sought resorted to and complied with by the proponent to
to be offered must be shown to have been the satisfy the evidentiary requirement of relevancy.
very thing that is the subject matter of the lawsuit (People v. Olarte, G.R. No. 233209, March 11,
or the very one involved to prove an issue in the 2019)
case.
Object Evidence and the Right Against Self-
Authentication by a competent witness is incrimination
essential to the admissibility of the object
evidence. After authentication, the object needs The right against self-incrimination cannot be
to be formally offered in evidence. invoked against object evidence. Thus, an
accused may be compelled to submit himself to
The authentication of the object by a competent bodily inspection and whatever object is retrieved
witness is to comply with the element of on his person would be admissible even though it
competence as an essential ingredient of would incriminate such accused. Also, on cross-
admissibility. (Riano, p.119)
examination, an accused may be compelled to
write so his handwriting may be used as object
Testimonial evidence provides the foundation for evidence to compare with the one in question.
all types of evidence. (Riano, p. 118)
The right against self-incrimination guaranteed
Nothing in the Rules on Evidence deals with the under the fundamental law had no application in
authentication of object evidence during trial. Aprt
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this case because no testimonial compulsion was the physical evidence should prevail. (BPI v.
involved. (People v. Malimit, G.R. No. 109775, Reyes, G.R. No. 157177, 2008)
1996)
Demonstrative Evidence
Admissibility of Tape Recordings
Before a tape recording is admissible in evidence Demonstrative evidence is not the actual thing
and given probative value, the following but represents or demonstrates the real thing. It
requisites must first be established: is not strictly “real” evidence because it is not the
1. A showing that the recording device was very thing involved in the case. Diagrams, maps,
capable of taking testimony; models and the like fall under this category
2. A showing that the operator of the device was (Riano, p. 120)
competent;
3. Establishment of the authenticity and The admissibility of this type of evidence largely
correctness of the recording; depends on the laying of the proper foundation
4. A showing that changes, additions, or deletions for evidence: Does the evidence sufficiently and
have not been made; accurately represent the object it seeks to
5. A showing of the manner of the preservation of demonstrate and represent? If it does, the
the recording; evidence would be admissible (Riano, p. 121)
6. Identification of the speakers; and
7. A showing that the testimony elicited was Under the Rules on Electronic Evidence,
voluntarily made without any kind of photographic evidence of events, acts, or
inducement. (Torralba v. People, G.R. No. transactions shall be admissible in evidence,
153699, 2005) provided that it shall be presented, displayed, and
shown to the court, and it shall be identified,
Note: Recordings may also fall under the explained or authenticated by either: the person
category of documentary evidence for who made the recording; or some other person
documentary evidence now covers “recordings” competent to testify on the accuracy thereof (Rule
or any material which contains “sounds” as long 11, Sec. 1, Rules on Electronic Evidence)
as offered as proof of their contents.
Some courts insist on requiring the photographer
3. CATEGORIES OF OBJECT EVIDENCE to testify but this view has been eroded by the
tendency of modern courts to admit as a witness
1. Unique Objects one who has familiarity with the scene portrayed.
Objects that have readily identifiable marks, e.g., (Sison v. People, G.R. No. 108280-83, 1995)
a gun with a serial number.
2. Objects Made Unique
The correctness of a photograph as a faithful
Objects with no unique characteristics but are representation of the object portrayed can be
made readily identifiable, e.g., a typical kitchen proved prima facie, either by the testimony of the
knife with identifying marks placed on it by the person who made it or by other competent
witness. witnesses, after which the court can admit it
3. Non-Unique Objects subject to impeachment as to its accuracy. (Sison
Objects with no identifying marks and cannot be v. People, G.R. Nos. 108280-83, 1995)
marked, e.g. narcotic substances. A proponent
offering evidence which falls under the third The rule is well-settled that a photograph may be
category must establish a chain of custody. put in evidence if relevant to the issue and if
(People v. Bardaje, G.R. No. L-29271, 1980).
verified by the taker. Its verification depends on
the competency of the verifying witness and the
Physical Evidence trial judge must in the first instance decide,
A mute but eloquent manifestation of truth and it subject to reversal for substantial error.
ranks high in the hierarchy of trustworthy (Adamczuk v. Halloway, 13 A.2d 2, 1940)
evidence – where the physical evidence on
record runs counter to the testimonial evidence,
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Trial court ruled that the photographs are the action relates or where it is not shown that the
inadmissible. The Court held that the conditions are the same.
photographs are inadmissible because the map
or photograph, to be admissible, must first be However, View May Be Granted If:
made a part of some qualified person's testimony. 1. The change is not material.
Someone must stand forth as its testimonial 2. The character and extent of the change are
sponsor; in other words, it must be verified. properly brought out in evidence.
(Adamczuk v. Halloway, 13 A.2d 2, 1940)
Notice to parties
On appeal, Tatum questioned the film’s The inspection or view is part of the trial and thus
admission into evidence. The Court held that for should be made in the presence of the parties or
a photograph to be admissible in evidence, the at least with previous notice to them of the time
authentication required by courts is that some and place set for the view. (Phil. Movie Pictures
witness (not necessarily the photographer) be Workers Ass’n v. Premiere Productions, G.R. No.
able to give some indication as to when, where, L-5621, 1953)
and under what circumstances the photograph
was taken, and that the photograph accurately 4. CHAIN OF CUSTODY IN RELATION TO
portray the subject or subjects illustrated. (State SEC. 21 OF THE COMPREHENSIVE
v. Tatum, 360 P.2d 754, 1961) DANGEROUS DRUGS ACT OF 2002
Note: Photographs may also fall under the Persons who actually handled or had custody of
category of documentary evidence for the object must show through testimony that
documentary evidence now covers there is no possibility that the evidence was
“photographs” as long as offered as proof of their tampered with and that the integrity of the
contents. evidence was preserved throughout the course of
gathering, collecting and storing the evidence.
View Of An Object Or Scene This is done to ensure that the evidence
presented in court is the same evidence seized
When an object is relevant to the fact in issue, it from the defendant or recovered from the crime
may be exhibited to, examined or viewed by the scene or elsewhere.
court. (Rule 130, Sec. 1)
Non-Compliance with the Doctrine of Chain of
A place or scene can fall under the classification Custody
of object evidence. The court has to go to the General Rule: Non-compliance is fatal; the
object if the object cannot be produced in court accused’s arrest becomes illegal.
due to its immovability or the difficulty or Exception: Non-compliance is not fatal and will
inconvenience in removing it and producing it in not make the accused’s arrest illegal nor render
court. the items seized as inadmissible, provided:
1. There is justifiable ground; and
Granted Only If View Is Of Substantial Aid 2. The integrity and evidentiary value of the
As a general rule, a view or inspection should be items are properly preserved (R.A. No. 9165,
granted only where it is reasonably certain that it Sec. 21; People v. Dela Cruz, G.R. No.
will be of substantial aid to the court in reaching a 205414, 2016)
correct verdict.
Case Law: Chain of Custody
When Changes to the Object or Scene Have
Taken Place The chain of custody rule is but a variation of the
principle that real evidence must be authenticated
A court may refuse to make the inspection where prior to its admission into evidence. To establish
changes have taken place since the time to which a chain of custody sufficient to make evidence
admissible, the proponent needs only to prove
a rational basis from which to conclude that the
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evidence is what the party claims it to be. In other tampering. (People v. Climaco, G.R. No. 199403,
words, in a criminal case, the prosecution must June 13, 2012)
offer sufficient evidence from which the trier of
fact could reasonably believe that an item still is As a method of authenticating evidence, the
what the government claims it to be. Specifically chain of custody rule requires that the admission
in the prosecution of illegal drugs, the well- of an exhibit be preceded by evidence sufficient
established federal evidentiary rule in the United to support a finding that the matter in question is
States is that when the evidence is not readily what the proponent claims to be.
identifiable and is susceptible to alteration by
tampering or contamination, courts require a While testimony about a perfect chain is not
more stringent foundation entailing a chain of always the standard because it is almost always
custody of the item with sufficient impossible to obtain, an unbroken chain of
completeness to render it improbable that the custody becomes indispensable and essential
original item has either been exchanged with when the item of real evidence is not distinctive
another or been contaminated or tampered with. and is not readily identifiable, or when its
condition at the time of testing or trial is critical, or
It must be alleged and proved that the presence when a witness has failed to observe its
of the three witnesses to the physical uniqueness.
inventory and photograph of the illegal drug
seized was not obtained due to reason/s such While the SC in certain cases has tempered the
as: mandate of strict compliance with the requisite
(1) Their attendance was impossible because the under Sec. 21 of RA 9165, such liberality, as
place of arrest was a remote area; stated in the IRR can be applied only when the
(2) Their safety during the inventory and evidentiary value and integrity of the illegal drug
photograph of the seized drugs was are properly preserved. In the case at bar, the
threatened by an immediate retaliatory action evidentiary value and integrity of the alleged
of the accused or any person/s acting for and illegal drug had been thoroughly compromised.
in his/her behalf; Serious uncertainty is generated on the identity of
(3) The elected official themselves were involved the item in view of the broken linkages in the
in the punishable acts sought to be chain of custody. In this light, the presumption of
apprehended; regularity in the performance of official duty
(4) Earnest efforts to secure the presence of a accorded the buy-bust team by the courts below
DOJ or media representative and an elected cannot arise. (People of the Philippines v.
public official within the period required under Fernando Ranche Havana a.k.a. Fernando
Article 125 of the Revised Penal Code prove Ranche Abana, G.R. No. 198450, 2016)
futile through no fault of the arresting officers,
who face the threat of being charged with Generally, the authenticity of the seized items will
arbitrary detention; or be put into doubt, and the state cannot establish
(5) Time constraints and urgency of the anti-drug the corpus delicti when the prohibited substance
operations, which often rely on tips of subject of the prosecution is missing or when
confidential assets, prevented the law substantial gaps in the chain of custody. (People
enforcers from obtaining the presence of the v. Relato, G.R. No. 173794, 2012)
required witnesses even before the offenders
could escape. (People v. Romy Lim, G.R. No. However, a conviction based on the seized items
231989, 2018) may still be possible as long as there is justifiable
ground for noncompliance and there is
Each custodian of the evidence is not required to preservation of the integrity and the evidentiary
testify as long as sufficient testimony is given by value of the seized items. (Cerbo v. People, G.R.
some of the persons who have come into contact No. 176077, 2011)
with the evidence to negate the possibility of
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Historically, the Court has applied the "chain of person of accused-appellant. (People vs. Olarte,
custody" rule as a mode of authenticating illegal G.R. No. 233209, 2019)
drug substances in order to determine its
admissibility. 5. DNA EVIDENCE
However, such rule has not yet been extended to a. Meaning of DNA
other substances or objects for it is only a
Deoxyribonucleic Acid, or DNA, is a molecule that
variation of the principle that real evidence must
encodes the genetic information in all living
be authenticated prior to its admission into
organisms. A person’s DNA is the same in each
evidence.
cell and it does not change throughout a person’s
lifetime; the DNA in a person’s blood is the same
At this point, it becomes necessary to point out
as the DNA found in his saliva, sweat, bone, the
that the degree of fungibility of amorphous
root and shaft of hair, earwax, mucus, urine, skin
objects without an inherent unique characteristic
tissue, and vaginal and rectal cells. Most
capable of scientific determination, i.e., DNA
importantly, because of polymorphisms in human
testing, is higher than stably structured objects or
genetic structure, no two individuals have the
those which retain their form because the
same DNA, with the notable exception of identical
likelihood of tracing the former objects' source is
twins. (Agustin vs. Court of Appeals, G.R. No.
more difficult, if not impossible.
162571, 2005)
Narcotic substances, for example, are relatively
“Biological sample” means any organic material
easy to source because they are readily available
originating from a person’s body, even if found in
in small quantities thereby allowing the buyer to
inanimate objects, that is susceptible to DNA
obtain them at lower cost or minimal effort. It
testing. This includes blood, saliva and other
makes these substances highly susceptible to
body fluids, tissues, hairs and bones (Rule on
being used by corrupt law enforcers to plant
DNA Evidence, Sec. 3a)
evidence on the person of a hapless and innocent
victim for the purpose of extortion. Such is the
“DNA evidence” constitutes the totality of the
reason why narcotic substances should undergo
DNA profiles, results and other genetic
the tedious process of being authenticated in
information directly generated from DNA testing
accordance with the chain of custody rule.
of biological samples (Rule on DNA Evidence,
Sec. 3c)
In this regard, the Court emphasizes that if the
proffered evidence is unique, readily identifiable, b. Application for DNA testing order
and relatively resistant to change, that foundation
need only consist of testimony by a witness with A person who has a legal interest in the litigation
knowledge that the evidence is what the may file an application for DNA testing order
proponent claims; otherwise, the chain of custody before the appropriate court, at any time (Rule on
rule has to be resorted to and complied with by DNA Evidence, Sec. 4)
the proponent to satisfy the evidentiary
requirement of relevancy. The order for a DNA testing shall not, however,
be issued as a matter of course and from the
In the case at hand, the chain of custody rule mere fact that the person requesting for the
does not apply to an undetonated grenade (an testing has a legal interest in the litigation. For the
object made unique), for it is not amorphous and order to be issued:
its form is relatively resistant to change. A witness 1. A biological sample exists that is relevant to
of the prosecution need only identify the hand the case;
grenade, a structured object, based on personal 2. The biological sample: (i) was not previously
knowledge that the same contraband or article is subjected to the type of DNA testing now
what it purports to be—that it came from the requested; or (ii) was previously subjected to
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DNA testing, but the results may require A court order granting a DNA testing is not
confirmation for good reasons; appealable and is immediately executory as Sec.
3. The DNA testing uses a scientifically valid 5 of the Rule on DNA Evidence provides. The
technique; remedy would be to file a petition for certiorari
4. The DNA testing has the scientific potential to under Rule 65, but this shall not, in any way, stay
produce new information that is relevant to the the implementation thereof, unless a higher court
proper resolution of the case; and issues an injunctive order (Riano, p.145)
5. The existence of other factors, if any, which
the court may consider as potentially affecting c. Post-conviction DNA testing; remedy
the accuracy of integrity of the DNA testing.
(Sec. 4, Rule on DNA Evidence) A person convicted under a final and executory
6. There must be a prima facie showing of judgement may still avail himself of DNA testing.
relationship or paternity (Lucas v. Lucas, G.R. The test after his conviction is termed “post-
No. 190710 (June 6, 2011) conviction” DNA testing. Significantly, Sec. 6 of
the Rule allows post-conviction DNA testing. It
Note: The Court may motu proprio order a DNA may be available to (a) the prosecution, or (b) the
testing (Rule on DNA Evidence, Sec. 4) person convicted by a final and executory
judgement, provided that the following
If the court finds that the requirements in Sec. 4 requirements are met:
have been complied with, the court shall: 1. A biological sample exists
a.) Order, where appropriate, that biological 2. Such sample is relevant to the case; and
samples be taken from any person or crime 3. The testing would probably result in the
scene evidence; reversal or modification of the judgement of
b.) Impose reasonable conditions on DNA testing conviction (Riano, page 147 citing Sec. 6 of
designed to protect the integrity of the the Rule on DNA Evidence)
biological sample, the testing process and the
reliability of the test results, including the Note: There is no requirement of a prior court
condition that the DNA test results shall be order to avail oneself of this.
simultaneously disclosed to the parties
involved in the case; and If the results of the DNA testing are favorable to
c.) If the biological sample taken is of such the convict, he may file a petition for a writ of
habeas corpus with the court of origin. The court
amount that prevents the conduct of
confirmatory testing by the other or the shall then conduct a hearing and in case the court
adverse party and where additional biological finds, after due hearing, that the petition is
samples of the same kind can no longer be meritorious, it shall reverse or modify the
obtained, issue an order requiring all parties to judgement of conviction and order the release of
the case or proceedings to witness the DNA the convict, unless his detention is justified for a
testing to be conducted (Rule on DNA lawful cause.
Evidence, Sec. 5)
The petition shall be filed with the court of origin
A court order is not always required before as a rule. However, the rule also allows the
undertaking a DNA testing. The last paragraph of petition to be filed either with the Court of Appeals
Sec. 4 of the Rule on DNA Evidence allows a or with the Supreme Court, or with any member
testing without a prior court order if done before a of said courts. A hearing may be conducted by
suit or proceeding is commenced at the request the latter courts or by any member thereof or
of any party, including law enforcement agencies. instead of conducting a hearing, may instead
This also means that a litigation need not exist remand the petition to the court of origin and
prior to DNA testing. Thus, a court order shall be issue the appropriate orders. (Riano, page 147
required only if there is a pending litigation, but citing Sec. 10, Rule on DNA evidence)
not before the litigation (Riano, p.145)
Note: The petition for a writ of habeas corpus
may also be filed by the prosecution.
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d. Assessment of probative value of DNA e. Rules on evaluation of reliability of the

evidence and admissibility DNA testing methodology
In assessing the probative value of DNA In evaluating whether the DNA testing
evidence, courts should consider the following methodology is reliable, the court shall consider
data: the following:
1. How the samples were collected, 1. The falsifiability of the principles or methods
2. How they were handled, used, that is, whether the theory or technique
3. Possibility of contamination, can be and has been tested;
4. Procedure followed in analyzing the samples, 2. The subjection to peer review and publication
5. Whether proper standards of procedure were of the principles or methods;
followed in conducting the tests, 3. The general acceptance of the principles or
6. Qualification of the analyst who conducted the methods by the relevant scientific community;
test. (People v. Vallejo G.R. No. 144656, 4. The existence and maintenance of standards
2002) and controls to ensure the correctness of data
generated;
By the terms of Sec. 5 of the Rule on DNA 5. The existence of an appropriate reference
Evidence, the grant of a DNA testing application population database; and
shall not be construed as an automatic admission 6. The general degree of confidence attributed to
into evidence of any component of the DNA mathematical calculations used in comparing
evidence that may be obtained as a result of the DNA profiles and the significance and
testing. This necessarily means that the court will limitation of statistical calculations used in
still have to evaluate the probative value of the comparing DNA profiles. (Sec. 8, Rule on
proposed evidence before its admission. DNA evidence)
The determination of the probative value of the

DNA evidence rests upon sound judicial
assessment taking into consideration the D. DOCUMENTARY EVIDENCE
following matters:
1. MEANING OF DOCUMENTARY
1. The chain of custody, including how the
biological samples were collected, how they EVIDENCE
were handled, and the possibility of
Documents as evidence consists of writings,
contamination of the samples;
recordings, photographs, or any material
2. The DNA testing methodology, including the
containing letters, words, sounds, numbers,
procedure followed in analyzing the samples,
figures, symbols or their equivalent, or other
the advantages and disadvantages of the
modes of written expression offered as proof of
procedure, and compliance with the
their contents. Photographs include still pictures,
scientifically valid standards in conducting the
drawings, stored images, x-ray films, motion
tests;
pictures or videos. (Rule 130, sec. 2)
3. The forensic DNA laboratory, including
accreditation by any reputable standards-
Documentary evidence is evidence supplied by
setting institution and the qualification of the
written instruments, or derived from conventional
analyst who conducted the tests. If the
symbols, such as letters, by which ideas are
laboratory is not accredited, the relevant
represented on material substances.
experience of the laboratory in forensic
casework and credibility shall be properly
For written material to qualify as documentary
established; and
evidence, the purpose of offering the written
4. The reliability of the testing result, as
material should be to prove its contents.
hereinafter provided. (Riano, page 146 citing
Sec. 7, Rule on DNA Evidence)
If offered for some other purpose (e.g., existence
or condition), the writings would not be deemed
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as documentary evidence but as object evidence. For example, accused is charged with perjury for
(The Original Document Rule and the Parol lying under oath in a Senate hearing. The
Evidence Rule do not apply to object evidence, prosecution need not present the transcript of the
only to documentary evidence.) testimony given at the hearing. The prosecution
can present a witness who heard what Accused
2. REQUISITES OF ADMISSIBILITY testified to in the Senate because, here, the
subject of the inquiry is not the contents of the
To be admissible, documentary evidence, like transcript but whether accused uttered a
any other evidence, must be relevant and falsehood while under oath at the hearing. In this
competent. It is also subject to general instance, while the transcript is the “better” or
exclusionary rules such as the rule on hearsay, “best” evidence in the sense that it is presumably
original document rule, and parol evidence rule. more reliable, the testimony of the witness who
(Riano, p. 229) heard the utterance of the Accused at the Senate
is nonetheless admissible even without
3. ORIGINAL DOCUMENT RULE
accounting for the loss of the transcript
(FORMERLY THE BEST EVIDENCE RULE)
a. Meaning of the rule The best evidence rule applies only when the
contents of the documents are the subject of
The best evidence rule applies only when the inquiry. Since in this case the prosecution
subject of the inquiry is the contents of a presented the marked money solely for the
document. The rule requires that the original of purpose of establishing its existence and not its
the writing must be produced. It is also known as contents, other substitutionary evidence like a
the “original document rule” or the “primary Xerox copy is admissible without the need of
evidence” rule. (National Power Corporation v. accounting for the original. (People v. Tandoy,
Codilla, G.R. No. 170491, 2007) G.R. No. 80505, 1990)
The best evidence rule operates as a rule of Only a photocopy of the Employee Clearance
exclusion, that is, secondary evidence cannot be was presented in evidence. The Court held that
introduced as the original writing itself must be the photocopy is admissible as evidence since an
produced in court, subject to exceptions. exception to the best evidence rule is when the
document sought to be presented is in the
Note: The rule now also applies if the contents of possession of the person against whom it is to be
a writing, reading, photograph or other record is offered and such party fails to present it even
the subject of inquiry after reasonable notice. (Pacasum v. People,
G.R. No. 180314, 2009)
Purpose: The prevention of fraud, because it is
easy for a person to fabricate the alleged The general rules regarding the admissibility of
contents of a document. Also, the rule ensures evidence are applicable to cases of libel or
accuracy. A person, even if acting in good faith, slander. When such libel or slander was
may most likely not be able to recall all the details committed through a published article, copies of
of a document, especially a lengthy one. such article constitute the best evidence. (Fiscal
of Pampanga v. Reyes, G.R. No. L-35366, 1931)
The original document rule cannot be invoked
unless the contents of the writing are the subject The Best Evidence Rule may not be used to
of the judicial inquiry. prohibit a litigant from proving the existence of a
disputed deed of sale through secondary
If the subject of the inquiry is not the contents of evidence. The Rule applies only when the terms
a document, then the Original Document Rule of a writing are in issue. When the evidence
does not apply. sought to be introduced concerns external facts,
such as the existence, execution, or delivery of
the writing, without reference to its terms, the
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Best Evidence Rule cannot be invoked. (Heirs of c. Meaning of original document and
Margarita Prodon v. Heirs of Maximo Alvarez, duplicate
G.R. No. 170604, 2013)
Original of a document
The Republic seeks exception to the application An “original” of a document is the document itself
of the best evidence rule by arguing that said or any counterpart intended to have the same
documents were presented to prove their effect by a person executing or issuing it
existence and execution, and not their contents.
The Court is hard-pressed to give credence to Original of a photograph
such argument in the light of the purposes for Includes the negative or any print therefrom
which these excluded documents were sought to
be admitted, i.e., to show that Rodolfo M. Cuenca Original of data stored in a computer or
secured loans from government financial similar device
institutions without sufficient collateral; to show Any printout or other output readable by sight or
that Rodolfo M. Cuenca obtained favorable other means, shown to reflect the data accurately
rescue arrangement at the behest of Ferdinand
E. Marcos; to show that the sequestered Duplicate
properties are part of the ill-gotten wealth; to Is a counterpart produced by:
show that respondents are dummies of Ferdinand the same impression as the original, or
E. Marcos; and to show the complicity between from the same matrix, or
respondents in amassing ill-gotten wealth. by means of photography, including
Clearly, no amount of legal hermeneutics could enlargements and miniatures, or
betray that what should be proven are the by mechanical or electronic re-recording or
contents, and not the mere existence, of the by chemical reproduction, or
documents themselves. (Republic v. Cuenca, by other equivalent techniques which accurately
G.R. No. 198393, 2018) reproduce the original
A duplicate is admissible to the same extent as
b. When not applicable an original unless:
A genuine question is raised as to the authenticity
General Rule: The original document must be of the original or
produced. In the circumstances, it is unjust or inequitable to
Exceptions: admit the duplicate in lieu of the original (Rule
1. When the original is lost or destroyed, or 130, Sec. 4)
cannot be produced in court, without bad faith
on the part of the offeror; Note:
2. When the original is in the custody or under
the control of the party against whom the A carbon copy of a letter is a duplicate original
evidence is offered, and the latter fails to and admissible. Photographic copies of writings
produce it after reasonable notice, or the or photocopies are not duplicate originals as they
original cannot be obtained by local judicial are produced at a later time. Such are considered
processes or procedures; secondary evidence.
3. When the original consists of numerous
accounts or other documents which cannot be When carbon sheets are inserted between two or
examined in court without great loss of time more sheets of writing paper so that the writing of
and the fact sought to be established from a contract upon the outside sheet, including the
them is only the general result of the whole; signature of the party to be charged thereby,
and produces facsimile upon the sheets beneath,
4. When the original is a public record in the such signature being thus reproduced by the
custody of a public officer or is recorded in a same stroke of the pen which made the surface
public office. or exposed impression, all of the sheets so
5. When the original is not closely-related to a written on are regarded as duplicate originals and
controlling issue (Rule 130, Sec. 3)
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either of them may be introduced in evidence as evidence the original. In the absence of the said
such without accounting for the nonproduction of document, the exhortations of petitioners
the others. (People v. Tan, G.R. No. L-14257, regarding the existence of said deed of sale must
1959) fail. (Ebreo v. Ebreo, G.R. No. 160065, 2006)
There can be no proof of "substantial similarity" In criminal proceedings for the falsification of a
and thus of copyright infringement unless Seiler's document, it is indispensable that the judges and
works are juxtaposed with Lucas' and their courts have before them the document alleged to
contents compared. Since the contents are have been simulated, counterfeited, or falsified,
material and must be proved, Seiler must either in order that they may find, pursuant to the
produce the original or show that it is unavailable evidence produced in the cause, whether or not
through no fault of his own. the crime of falsification was committed, and also,
at the same time, to enable them to determine the
The best evidence rule was applied in a copyright degree of each of defendant’s liability in the
infringement case, where plaintiff possessed no falsification under prosecution. Through the lack
originals of any work he contended was copied; of the original document containing the
accordingly, before subsequent reconstructions memorandum alleged to be false, it is improper to
were admissible, plaintiff had to establish that the hold, with only a copy of the said original in view,
originals were lost or destroyed through no fault that the crime prosecuted was committed; and
of his own. Thus, copyrighted drawings offered as although, judging from the testimony of the
evidence are considered as documentary witnesses who were examined in the two
evidence and when subject of inquiry is the consolidated causes, there is reason to entertain
content of the creation the original must be much doubt as to the defendant’s innocence, yet,
presented. (Seiler v. Lucas Film, Ltd., 797 F.2d withal, this case does not furnish decisive and
1504, 1986) conclusive proof of their respective guilt as co-
principals of the crime charged. (U.S. v. Gregorio,
The evidence offered by NAPOCOR were G.R. No. L-5791, 1910)
photocopies. The Court held that the photocopies
were not equivalent to the original documents The best evidence of the cost of the said
based on the Rules on Electronic Evidence. The equipment disputed in the case would have been
information contained in the photocopies the sales invoices instead of the oral testimony of
submitted by NAPOCOR will reveal that not all of Teves. He did not produce the sales invoices.
the contents therein, such as the signatures of the
persons who purportedly signed the documents, Even if the presentation of the records
may be recorded or produced electronically. themselves as exhibits should have been
(National Power Corporation v. Codilla, G.R. No. dispensed with, yet the complainant to show good
170491, 2007) faith and fair dealing, could have brought the
records in court (manifests, bills of lading,
The Court held that the print-out and/or receipts for freights, if any, etc.) and enabled the
photocopies of facsimile transmissions are not court and the union’s counsel and its expert
electronic evidence. Thus, it is consequential that accountant to verify the accuracy of Jayme’s
the same may not be considered as the functional summaries. (Compania Maritima v. Allied Free
equivalent of their original as decreed in the law. Workers, G.R. No. L-289999, 1977)
(MCC Industrial Sales Corporation v. Ssangyong
Corporation, G.R. No. 170633, 2007)
Considering that the annotation of the disputed

Deed of Sale in a tax declaration is not sufficient
proof of the transfer of property and inasmuch as
the subject of inquiry is the Deed of Sale, it was
incumbent on the petitioners to adduce in
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However, based on People v. Pruna, the Court When More than One Original Exists
established the guidelines in appreciating age, When more than one original copy exists, it must
either as an element of the crime or as a appear that all of them have been lost, destroyed,
qualifying circumstance: or cannot be produced in court before secondary
The best evidence to prove the age of the evidence can be given of anyone. A photocopy
offended party is an original or certified true may not be used without accounting for the other
copy of the certificate of live birth of such originals. (Citibank v. Teodoro, G.R. No. 150905,
party, 2003)
In absence of such, similar authentic
documents such as baptismal certificates and Order of proof
school records.
In the absence of a certificate of live birth, Accordingly, the correct order of proof is as
authentic document, or testimony of the follows: existence, execution, loss, and contents;
victim’s mother or relatives concerning the although, at the sound discretion of the court, this
victim’s age, the complainant’s testimony will order may be changed if necessary. (Citibank
suffice provided that it is expressly and clearly N.A. Mastercard v. Teodoro, G.R. No. 150905,
admitted by the accused. (People v. Arpon, 2003)
G.R. No. 183563, December 14, 2011)
Before secondary evidence can be presented, it
d. Secondary evidence; summaries is imperative that all the originals, duplicates or
counterparts must be accounted for. The loss,
REQUISITES FOR INTRODUCTION OF
destruction, or inaccessibility of all the originals
SECONDARY EVIDENCE must be shown in order to admit secondary
evidence. (De Vera v. Aguilar, G.R. No. 83377,
When Original Document is Unavailable 1993)
a. Proof of the execution or existence of the
original; When the original is outside the jurisdiction of the
b. Proof of cause of its unavailability without bad court, as when it is in a foreign country,
faith on the offeror’s part; (Rule 130, Sec. 5) secondary evidence is admissible. (Regalado, p.
725 citing PNB v. Olila, 98 Phil. 1002)
Laying the basis
Secondary evidence may be admitted only by Due Execution May be Proven Through the
laying the basis for its production. Laying such Testimony of Either:
basis requires compliance with the following: 1. The person who executed it;
The offeror must prove the existence and 2. The person before whom its execution was
execution of the original document; acknowledged; or
The offeror must show the cause of its 3. Any person who was present and saw it
unavailability such as the loss or destruction of executed and delivered or who thereafter saw
the original; it and recognized the signatures, or
The offeror must show that the unavailability was 4. One to whom the parties thereto had
not due to his bad faith. (Republic v. Mupas, G.R. previously confessed the execution thereof
No. 191892, 2015) (Michael v. Enriquez, G.R. No. L-10824,
It must be shown that a diligent and bona fide but 1915).
unsuccessful search has been made for the
document in the proper place or places. (Lee v. Rules on Loss
People, G.R. No. 159288, 2004)
The proponent must prove by a fair It is not necessary to prove the loss beyond all
preponderance of evidence as to raise a possibility of mistake. A reasonable probability of
reasonable inference of the loss or destruction of its loss is sufficient, and this may be shown by a
the original copy. (Lee v. People, G.R. No. bona fide and diligent search for it in a place
159288, 2004)
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where it is likely to be found. (Paylago v. Jarabe, destruction, oral evidence may be given of its
G.R. No. L-20046, 1968) contents by:
Any person who signed the document;
The document conveying the land was lost so the Any person who read it;
petitioner tried to present oral, secondary Any person who heard it read knowing, or it
evidence. The Court held that the secondary being proved from the other sources, that the
evidence is admissible. The loss or destruction of document so read was the one in question.
the instrument, meanwhile, may be proved by any Any person who was present when the
person aware of the fact, or by anyone who has contents of the document were talked over
made, in the judgment of the court, a sufficient between the parties thereto to such an extent
examination in the place or places where the as to give him reasonably full information as to
document or papers of similar character are its contents
usually kept by the person in whose custody the Any person to whom the parties to the
document was kept, and has been unable to find instrument have confessed or stated the
it; or who has made any other investigation contents thereof; (Francisco, p. 364 citing
sufficient to satisfy the Court that the document Michael & Co. v. Enriquez, G.R. No. 10824,
was indeed lost. (Michael & Co. v. Enriquez, G.R. 1915)
No. 10824, 1915) BUT NOTE: Hearsay Rule and Witness’
testimonial qualification of personal
Proof of loss of the original document may be knowledge
dispensed with where both parties admit that an
instrument has been lost. The contents of an Authentic Document
instrument may be proved against a party by his
admission in writing without accounting for non- Authentic means that the document should be
production of the original document (Tria v. Ortiz, genuine. It need not be a public document.
G.R. No. 5244, 1909)
In proving the contents of the original in some
Order by which contents of document may be authentic document, it is sufficient if it appears in
proved by secondary evidence of lost, a private document which is proved to be
destroyed or unavailable originals (CRT): authentic.
1. A copy of the document;
2. Recital of its contents in some authentic When Original Document is in adverse party’s
document; custody or control
3. The testimony of witnesses. (Rule 130, Sec.
5) The following facts must be shown to allow
The hierarchy of preferred secondary evidence introduction of secondary evidence:
must be strictly followed. 1. The document is in the custody or under the
control of the adverse party;
Rule on Testimony Regarding Original 2. That reasonable notice was given to the
Document adverse party who has the custody or control
The fact that a writing is really a true copy of the of the document;
original may be shown by the testimony of a 3. Satisfactory proof of its existence;
person who has had the opportunity to compare 4. Failure by the adverse party to produce it in
the copy with the original and found it to be court. (Rule 130, Sec. 6)
correct.
If the refusal or failure of the adverse party to
When contents may be proven by Oral produce the document is justified, it does not give
Evidence rise to the presumption of suppression of
After proper proof of the due execution and evidence or create an unfavorable inference
delivery of the instrument and its loss or against him. It, however, authorizes the
introduction of secondary evidence.
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It is not necessary for a party seeking to introduce Notice must be given to the adverse party, or his
secondary evidence to show that the original is in attorney, even if the document is in the actual
the actual possession of his adversary. It is possession of a third party.
enough that the circumstances are such as to
indicate that the writing is in his possession or Where receipt of the original of a letter is
under his control. acknowledged on a carbon copy thereof, there is
no need for a notice to the other party to produce
Neither is it required that the party entitled to the the original of the letter.
custody of the instrument should, on being
notified to produce it, admit having it in his Notice is a condition for the subsequent
possession. (Villa Rey Transit v. Ferrer, G.R. No. introduction of secondary evidence by the
L-23893, 1968) proponent.
Where the nature of the action is in itself a notice,
Only a photocopy of the Employee Clearance as where it is for the recovery or annulment of
was presented in evidence. The Court held that documents wrongfully obtained or withheld by the
the photocopy is admissible as evidence since an other party, no notice to produce said document
exception to the best evidence rule is when the is required.
document sought to be presented is in the
possession of the person against whom it is to be Evidence admissible when original document
offered and such party fails to present it even is a public record
after reasonable notice. (Pacasum v. People,
G.R. No. 180314, 2009) The contents of the original may be proved by a
certified copy issued by the public officer in
The mere fact that the original of the writing is in custody thereof. (Rule 130, Sec. 8)
the custody or control of the party against whom
it is offered does not warrant the admission of When the original is outside of the jurisdiction of
secondary evidence. The offeror must prove that the court, as when it is in a foreign country,
he has done all in his power to secure the best secondary evidence is still admissible (PNB v.
evidence by giving notice to the said party to Olila, 98 Phil. 1002, unreported, 1956)
produce the document.
Affidavits as public documents
The notice may be in the form of a motion for the
production of the original or made in open court [W]hile affidavits may be considered as public
in the presence of the adverse party or via a documents if they are acknowledged before a
subpoena duces tecum, provided that the party in notary public, these Affidavits are still classified
custody of the original has sufficient time to as hearsay evidence. The reason for this rule is
produce the same. When such party has the that they are not generally prepared by the affiant,
original of the writing and does not voluntarily but by another one who uses his or her own
offer to produce it or refuses to produce it, language in writing the affiant's statements, parts
secondary evidence may be admitted. (Edsa of which may thus be either omitted or
Shangri-la Hotel and Resort v. BF Corporation, misunderstood by the one writing them.
G.R. No. 145842, 2008) Moreover, the adverse party is deprived of the
opportunity to cross-examine the affiants.
Rules on Reasonable Notice
For this reason, affidavits are generally rejected
No particular form of notice is required, as long as for being hearsay, unless the affiants themselves
it fairly apprises the other party as to what papers are placed on the witness stand to testify thereon.
are desired. Even an oral demand in open court (Republic v. Marcos-Manotoc, G.R. No. 171701,
for production within a reasonable period will 2012)
suffice.
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Collateral matter be established is only the general result of the

whole, the contents of such evidence may be
When the original is not closely-related to a presented in the form of a chart, summary, or
controlling issue (Rule 130, Sec. 3[e]) calculation
This is an exception to the original document rule The originals shall be available for examination or
to prevent an overly rigid technical application of copying or both by the adverse party at a
the rule as when the original is so tangential that reasonable time and place. The court may order
its production would add little or nothing to the that they be produced in court. (Rule 130, Sec. 7)
reliability of the fact-finding process.
There is no need to present the original where the
Thus, incidental references by a witness to road documents are too voluminous. Secondary
signs, street names, addresses, license plate evidence may consist of a summary of the
numbers, billboards, newspaper headlines, voluminous documents or records. The
names of commercial establishments, brand voluminous records must, however, be made
names, tickets and similar writings will normally accessible to the adverse party so that the
be permitted, unless the terms of the writing have correctness of the summary may be tested on
particular significance in litigation (Mueller & cross-examination.
Kirkpatrick, Modern Evidence, Sec. 10.2 [1995])
An accountant’s written summary of some
Party who calls for document not bound to 150,000 sales invoices for goods sold by the
offer it plaintiff may be allowed under this exception
despite the defendant’s objection that the sales
A party who calls for the production of a invoices constitute the original documents and
document and inspects the same is not obliged to should be presented (Compania Maritima v.
offer it as evidence (Rule 130, Sec. 9) Allied Free Workers Union, G.R. No. L-28999,
1977).
It is not until the party who demanded the
production of the papers examines them and 4. ELECTRONIC EVIDENCE
offers them in evidence that they assume the
status of evidentiary matter. a. Meaning of electronic evidence;
electronic data message
If there is no timely objection to a document on
Note: The 2019 amendments to the Rules of
the ground that it violates the Best Evidence Rule,
Evidence have essentially incorporated the
the secondary evidence will be admitted.
relevant provisions of the Rules on Electronic
Evidence in this area.
Under the rules, it is axiomatic that before a party
is allowed to adduce secondary evidence to
Electronic Document
prove the contents of the original of a deed or
information or the representation of information,
document, the party has to prove with the
data, figures, symbols or other modes of written
requisite quantum of evidence, the loss,
expression, described or however represented,
destruction, or unavailability of all the copies of
by which a right is established or an obligation
the original of the said deed. (Ebreo v. Ebreo,
extinguished, or by which a fact may be proved
G.R. No. 160065, February 28, 2006)
and affirmed, which is received, recorded,
transmitted, stored, processed, retrieved or
Summaries
produced electronically. (REE, Rule 2, Sec. 1(h))
When the contents of documents, records
photographs, or numerous accounts are
voluminous and cannot be examined in court
without great loss of time, and the fact sought to
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Electronic Data Message 1. A showing that the recording device was

capable of taking testimony;
Information generated, sent, received or stored 2. A showing that the operator of the device was
by electronic, optical or similar means. (REE, competent;
Rule 2, Sec. 1(g)) 3. Establishment of the authenticity and
correctness of the recording;
A facsimile transmission cannot be considered as 4. A showing that changes, additions, or
electronic evidence. It is not the functional deletions have not been made;
equivalent of an original under the Best Evidence 5. A showing of the manner of the preservation of
Rule and is not admissible as electronic the recording;
evidence. (MCC v. Ssangyong, G.R. No. 170633, 6. Identification of the speakers; and
2007) 7. A showing that the testimony elicited was
voluntarily made without any kind of
Note: For purposes of these Rules, the term inducement. (Torralba v. People, G.R. No.
“electronic document” may be used 153699, 2005)
interchangeably with “electronic data message.”
(REE, Rule 2, Sec 1(h)) Admissibility of Photographs
Scope and Coverage Under the Rules on Electronic Evidence,

photographic evidence of events, acts, or
The Rules on Electronic Evidence (REE) shall transactions shall be admissible in evidence,
apply whenever an electronic document or provided that it shall be presented, displayed, and
electronic data message as defined in these rules shown to the court, and it shall be identified,
is offered or used in evidence. (REE, Rule 1, Sec. explained or authenticated by either: the person
1) who made the recording; or some other person
competent to testify on the accuracy thereof
These Rules shall apply to all criminal and civil (REE, Rule 11, Sec. 1)
actions and proceedings, as well as quasi-judicial
and administrative cases. (REE, Rule 1, Sec. 2, Some courts insist on requiring the photographer
as amended by Sept. 24, 2002 Resolution in AM to testify but this view has been eroded by the
No. 01-7-01-SC) tendency of modern courts to admit as a witness
one who has familiarity with the scene portrayed.
Applicability to Criminal Actions (Sison v. People, G.R. No. 108280-83, 1995)
As to the admissibility of the text messages, the
RTC admitted them in conformity with the Court’s The correctness of a photograph as a faithful
earlier Resolution applying the Rules on representation of the object portrayed can be
Electronic Evidence to criminal actions. (People proved prima facie, either by the testimony of the
v. Enojas, G.R. No. 204894, 2014) person who made it or by other competent
witnesses, after which the court can admit it
Admissibility: An electronic document is subject to impeachment as to its accuracy. (Sison
admissible in evidence if: v. People, G.R. Nos. 108280-83, 1995)
a. It complies with the rules on admissibility
prescribed by the Rules of Court and related The rule is well-settled that a photograph may be
laws; and put in evidence if relevant to the issue and if
b. It is authenticated in the manner prescribed by verified by the taker. Its verification depends on
these Rules. (REE, Rule 3, Sec. 2) the competency of the verifying witness and the
trial judge must in the first instance decide,
Admissibility of Tape Recordings subject to reversal for substantial error.
Before a tape recording is admissible in evidence (Adamczuk v. Halloway, 13 A.2d 2, 1940)
and given probative value, the following
requisites must first be established:
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Trial court ruled that the photographs are Other factors which the court may consider as
inadmissible. The Court held that the affecting the accuracy or integrity of the
photographs are inadmissible because the map electronic document or electronic data
or photograph, to be admissible, must first be message.
made a part of some qualified person's testimony.
Someone must stand forth as its testimonial In any dispute involving the integrity of the
sponsor; in other words, it must be verified. information and communication system in which
(Adamczuk v. Halloway, 13 A.2d 2, 1940) an electronic document or electronic data
message is recorded or stored, the court may
On appeal, Tatum questioned the film’s consider, among others, the following factors:
admission into evidence. The Court held that for (REE, Rule 7, Sec. 2)
a photograph to be admissible in evidence, the Whether the information and communication
authentication required by courts is that some system or other similar device was operated in
witness (not necessarily the photographer) be a manner that did not affect the integrity of the
able to give some indication as to when, where, electronic document, and there are no other
and under what circumstances the photograph reasonable grounds to doubt the integrity of
was taken, and that the photograph accurately the information and communication system;
portray the subject or subjects illustrated. (State Whether the electronic document was
v. Tatum, 360 P.2d 754, 1961) recorded or stored by a party to the
proceedings with interest adverse to that of
b. Probative value of electronic evidence the party using it; or
or evidentiary weight; method of proof Whether the electronic document was
recorded or stored in the usual and ordinary
Factors in Determining Evidentiary Weight of course of business by a person who is not a
Electronic Evidence (REE, Rule 7, Secs. 1-2) party to the proceedings and who did not act
In assessing the evidentiary weight of an under the control of the party using it.
electronic document, the following factors may be
considered: (REE, Rule 7, Sec. 1) Method of Proof
The reliability of the manner or method in
which it was generated, stored or Affidavit Evidence
communicated, including but not limited to All matters relating to the admissibility and
input and output procedures, controls, tests evidentiary weight of an electronic document may
and checks for accuracy and reliability of the be established by an affidavit stating facts of:
electronic data message or document, in the 1. Direct personal knowledge of the affiant; or
light of all the circumstances as well as any 2. Based on authentic records
relevant agreement;
The reliability of the manner in which its The affidavit must affirmatively show the
originator was identified; competence of the affiant to testify on the matters
The integrity of the information and contained therein. (REE, Rule 9, Sec. 1)
communication system in which it is recorded
or stored, including but not limited to the Cross-Examination of Deponent – The affiant
hardware and computer programs or software shall be made to affirm the contents of the
used as well as programming errors; affidavit in open court and may be cross-
The familiarity of the witness or the person examined as a matter of right by the adverse
who made the entry with the communication party. (REE, Rule 9, Sec. 2)
and information system;
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
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Examination of Witness Supreme Court shall be considered as a public

document and proved as a notarial document
Electronic Testimony under the Rules of Court. (REE, Rule 5, Sec. 3)
After summarily hearing the parties pursuant to
Rule 9 of these Rules, the court may authorize Authentication of Electronic Signature
the presentation of testimonial evidence by An electronic signature or a digital signature
electronic means. Before so authorizing, the court authenticated in the manner prescribed
shall determine the necessity for such hereunder is admissible in evidence as the
presentation and prescribe terms and conditions functional equivalent of the signature of a person
as may be necessary under the circumstances, on a written document. (REE, Rule 6, Sec. 1)
including the protection of the rights of the parties An electronic signature may be authenticated in
and witnesses concerned. (REE, Rule 10, Sec. 1) any of the following manner: (REE, Rule 6, Sec.
2)
Transcript of electronic testimony 1. By evidence that a method or process was
When examination of a witness is done utilized to establish a digital signature and
electronically, the entire proceedings, including verify the same;
the questions and answers, shall be transcribed 2. By any other means provided by law; or;
by a stenographer, stenotypist or other recorder 3. By any other means satisfactory to the judge
authorized for the purpose, who shall certify as as establishing the genuineness of the
correct the transcript done by him. The transcript electronic signature.
should reflect the fact that the proceedings, either
in whole or in part, had been electronically d. Electronic documents and the hearsay
recorded. (REE, Rule 10, Sec. 2) rule
c. Authentication of electronic evidence Original document rule under the REE

and electronic signatures
Electronic evidence as functional equivalent
Burden of proving authenticity of paper-based documents
The person seeking to introduce an electronic Whenever a rule of evidence refers to the term
document in any legal proceeding has the burden writing, document, record, instrument,
of proving its authenticity in the manner provided memorandum or any other form of writing, such
in this Rule. (REE, Rule 5, Sec. 1) term shall be deemed to include an electronic
document as defined in these Rules. (REE, Rule
Manner of authentication 3, Sec. 1)
Before any private electronic document offered
as authentic is received in evidence, its An electronic document shall be regarded as the
authenticity must be proved by any of the equivalent of an original document under the Best
following means: (REE, Rule 5, Sec. 2) Evidence Rule if it is a printout or output readable
1. By evidence that it had been digitally signed by sight or other means, shown to reflect the data
by the person purported to have signed the accurately. (REE, Rule 4, Sec. 1)
same;
2. By evidence that other appropriate security When copies or duplicates of a document
procedures or devices as may be authorized shall be regarded as original:
by the Supreme Court or by law for It is in two or more copies executed at or about
authentication of electronic documents were the same time with identical contents; or
applied to the document; or It is a counterpart produced by the same
3. By other evidence showing its integrity and impression as the original, or from the same
reliability to the satisfaction of the Judge. matrix, or by mechanical or electronic re-
recording, or by chemical reproduction, or by
Proof of electronically notarized document other equivalent techniques which accurately
A document electronically notarized in reproduce the original
accordance with the rules promulgated by the
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Such copies or duplicates shall be regarded as Evidence, and “shall be proven by the testimony
the equivalent of the original. (REE, Rule 4, Sec. of a person who was a party to the same or has
2) personal knowledge thereof.” (Vidallon-Magtolis
v. Salud, A.M. No. CA-05- 20-P, 2005)
Note: Notwithstanding the foregoing, copies or
duplicates shall not be admissible to the same Admissibility (REE, Rule 11, Section 1 and 2)
extent as the original if: (REE, Rule 4, Sec. 2)
a. A genuine question is raised as to the Audio, photographic and video evidence
authenticity of the original; or Audio, photographic and video evidence of
b. In the circumstances it would be unjust or events, acts or transactions shall be admissible
inequitable to admit the copy in lieu of the provided: (REE, Rule 11, Sec. 1)
original. 1. It shall be shown, presented or displayed to
Note: This is essentially the same as Rule 130, the court; and
Sec. 4 under the Original Document Rule 2. It shall be identified, explained or
authenticated by the person who made the
Business records as exception to the hearsay recording or by some other person competent
rule (REE, Rule 8, Sec. 1 & 2) to testify on the accuracy thereof
A memorandum, report, record or data
compilation of acts, events, conditions, opinions, Ephemeral electronic communications
or diagnoses, made by electronic, optical or other
similar means is an exception to the hearsay rule Ephemeral evidence shall be proven by the
provided that the following are shown by the testimony of a person who was a party to the
testimony of the custodian or other qualified same or has personal knowledge thereof. (REE,
witness: Rule 11, sec. 2)
1. That it was made at or near the time of or from
transmission or supply of information; In the absence or unavailability of such
2. That it was made by a person with knowledge witnesses, other competent evidence may be
thereof; admitted. (REE, Rule 11, sec. 2)
3. That it was kept in the regular course or
conduct of a business activity; and A recording of the telephone conversation or
4. That such was the regular practice to make ephemeral electronic communication shall be
the memorandum, report, record, or data covered by REE, Rule 11, Sec. 1 (on Audio, video
compilation by electronic, optical or similar and similar evidence).
means (REE, Rule 8, Sec. 1)
This exception (to the hearsay rule) may be Note: If the foregoing communications are
overcome by evidence of the untrustworthiness of recorded or embodied in an electronic document,
the source of information or the method or then the provisions of Rule 5 on authentication of
circumstances of the preparation, transmission or electronic documents shall apply. (REE, Rule 11,
storage thereof. (REE, Rule 8, Sec. 2) Sec. 2)
e. Audio, photographic, video and 5. PAROL EVIDENCE RULE

ephemeral evidence
Parol Evidence
Ephemeral Electronic Communication Any evidence aliunde (extraneous evidence),
Refers to telephone conversations, text whether oral or written, which is intended or tends
messages, chatroom sessions, streaming audio, to vary or contradict a complete and enforceable
streaming video, and other electronic forms of agreement embodied in a document.
communication the evidence of which is not
recorded or retained. (REE, Rule 2, Sec. 1(k)) Evidence Aliunde
Text messages have been classified as
“ephemeral electronic communication” under Extrinsic evidence that may refer to testimonial,
Section 1(k), Rule 2 of the Rules on Electronic real or documentary evidence
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The rule forbidding the admission of parol or

General Rule: When the terms of an agreement extrinsic evidence to alter, vary, or contradict a
have been reduced to writing, it is to be written interment does not apply so as to prohibit
considered as containing all the terms agreed the establishment by parol of an agreement
upon and there can be, between the parties and between the parties to a writing entered into
their successors in interest, no evidence of such subsequent to the time when the written
terms other than the contents of the written instrument was executed, notwithstanding such
agreement. agreement may have the effect of adding to,
changing, modifying, or even altogether
The term “agreement” includes wills. abrogating the contract of the parties as
evidenced by the writing; for the parol evidence
An express trust concerning an immovable or any does not in any way deny that the original
interest therein may not be proved by parol agreement of the parties was that which the
evidence. (Civil Code of the Philippines, Art. writing purports to express, but merely goes to
1443) show that the parties have exercised their right to
change or abrogate the same, or to make a new
Exception: A party may present evidence to and independent contract. (Canuto v. Mariano,
modify, explain or add to the terms of the written G.R. No. L-11346, 1918)
agreement if he puts in issue in a verified
pleading any of the following: a. Application of the parol evidence rule
An intrinsic ambiguity, mistake or imperfection
When Parol Evidence Rule Applies
in the written agreement;
The failure of the written agreement to Existence of a valid contract;
express the true intent and agreement of the The terms of the agreement must be in writing.
parties thereto; This may refer to either public or private
The validity of the written agreement; or writing;
The existence of other terms agreed to by the The dispute is between parties and their
parties or their successors in interest after the successors in interest; and/or
execution of the written agreement. (Rule 130, There is dispute as to the terms of the
Sec. 10) agreement with the party basing his claim or
asserting a right originating in the instrument
Basis for the Rule or the relation established thereby.
The parol evidence rule is based upon the The parol evidence rule becomes operative when
consideration that when the parties have reduced the issues in litigation are the terms of a written
agreement. (Riano, p. 176)
their agreement on a particular matter into writing,
all their previous and contemporaneous
agreements on the matter are merged therein, No express trust concerning an immovable or any
hence evidence of a prior or contemporaneous interest therein may be proved by parol evidence
verbal agreement is generally not admissible to (Civil Code, Art. 1443)
vary, contradict, or defeat the operation of a valid
document. The parol evidence rule is predicated on the
existence of a document embodying the terms of
The reason for the parol evidence rule is the an agreement. A receipt is not such a document
presumption that when the parties have reduced as it merely attests to the receipt of money and it
their agreement to writing, they have made such is not and could have not been intended by the
writing the only repository and memorial of the parties to be the sole memorial of their
truth, and whatever is not found in the writing agreement. (Cruz v. CA, G.R. No. 79962, 1990)
must be understood to have been waived or
abandoned. (Cruz v. CA, G.R. No. 79962, 1990) For purposes of the parol evidence rule, a person
who claims to be the beneficiary of an alleged
stipulation pour autrui in a contract (such as
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petitioners) may be considered a party to that the written agreement.” In this case, the parties
contract. It has been held that a third party who entered into a compromise agreement to put an
avails himself of a stipulation pour autrui under a end to the litigation between them. Nothing in the
contract becomes a party to that contract. This is quitclaim, however, indicates that the
why under Article 1311, a beneficiary of a compromise amount respectively paid to
stipulation pour autrui is required to communicate petitioners included separation pay. Since there
his acceptance to the obligor before its is no evidence that the compromise amount
revocation. Moreover, to preclude the application included separation pay, the services of
of Parol Evidence Rule, it must be shown that “at petitioners are presumed continuous, reckoned
least one of the parties to the suit is not party or from the date they first came under the employ of
a privy of a party to the written instrument in respondent. (Cuadra v. San Miguel Corp., G.R.
question and does not base a claim on the No. 194467, 2020)
instrument or assert a right originating in the
instrument or the relation established thereby.” A b. When parol evidence can be introduced
beneficiary of a stipulation pour autrui obviously
bases his claim on the contract. He therefore In order that the parol evidence may be
cannot claim to be a stranger to the contract and admissible, the mistake or imperfection of the
resist the application of the Parol Evidence Rule. document, or its failure to express the true intent
(Heirs of Mario Pacres v. Heirs of Cecilla Ygoña, and agreement of the parties, or the validity of the
G.R. No. 174719, 2010) agreement, or the existence of other terms
agreed to after the execution of the written
agreement must be put in issue in the
The parol evidence rule does not apply, and may
not properly be invoked by either party to the pleadings. Where the plaintiff failed to allege any
litigation against the other, where at least one of such fact in his complaint, he cannot introduce
the parties to the suit is not party or a privy of a parol evidence thereon.
party to the written instrument in question and
does not base a claim on the instrument or assert If the defendant invoked such fact in his answer,
a right originating in the instrument or the relation parol evidence may be introduced as such fact is
established thereby. (Lechugas v. CA, G.R. Nos. now put in issue.
L-39972 & L-40300, 1986)
While parol evidence is admissible in a variety of
The parol evidence rule does not apply to ways to explain the meaning of written contracts,
persons who are not parties to a deed and do not it cannot serve the purpose of incorporating into
base their claim on it. (Eagleridge Development the contract additional contemporaneous
Corporation v. Cameron Granville, G.R. No. conditions which are not mentioned at all in the
204700, 2014) writing, unless there has been fraud or mistake.
In the case at bar, it is sought to show that the
For the parol evidence rule to apply, a written sugar was to be obtained exclusively from the
contract need not be in any particular form, or be crop raised by the defendant; however, there is
signed by both parties. What is required is that no clause in the written contract which even
the agreement be in writing since written remotely suggests such a condition. (Yu Tek v.
Gonzales, G.R. No. L-9935, 1915)
evidence is so much more certain and accurate
than that which rests in fleeting memory only.
(Inciong, Jr. v. CA, G.R. No. 96405, 1996) Serrano introduced parol evidence to prove that
he was merely acting as an agent without any
The parol evidence rule provides that “when the consideration. The Court held that Serrano can
terms of an agreement have been reduced into introduce such parol evidence because the case
writing, it is considered containing all the terms at bar is not one where the evidence offered
agreed upon and there can be, between the varies, alters, modifies, or contradicts the terms
parties and their successors in interest, no of indorsement admittedly existing. (Maulini v.
evidence of such terms other than the contents of Serrano, G.R. No. L-8844, 1914)
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The act or statement of Woodhouse was not

sought to be introduced to change or alter the
INTRINSIC / LATENT EXTRINSIC /
terms of the agreement, but to prove how he
AMBIGUITY PATENT
induced Halili to enter into it — to prove the
AMBIGUITY
representations or inducements, or fraud, with
which or by which he secured the other party's The document is clear Such ambiguity which
consent thereto. These are expressly excluded on its face but matters is apparent on the
from the parol evidence rule. (Woodhouse v. outside the face of the writing
Halili, G.R. No. L-4811, 1953) agreement create the itself and requires
ambiguity. something to be
Although parol evidence is admissible to explain added in order to
the meaning of a contract, it cannot serve the ascertain the meaning
purpose of incorporating into the contract of the words used.
additional contemporaneous conditions which
are not mentioned at all in the writing unless there When the intrinsic Parol evidence is not
has been fraud or mistake. (Ortañez v. CA, G.R. ambiguity is put in admissible, otherwise
No. 107372, 1997) issue in the party’s the court would be
verified pleading, this creating a contract
a) An intrinsic ambiguity, mistake or will authorize the between the parties.
imperfection in the written agreement introduction of parol
evidence.
Purpose: The purpose of this exception is to
enable the court to ascertain the true intention of
the parties or the true nature of the transaction Intermediate Ambiguity
between the parties. A situation where an ambiguity partakes of the
nature of both patent and latent ambiguity. In this
Intrinsic Ambiguity case, while the words are seemingly clear and
with a settled meaning, they are actually
Is one which is not apparent on the face of the equivocal and admit of two interpretations. Here,
document but which lies in the person or thing parol evidence is admissible to clarify the
that is subject of the document or deed. The ambiguity provided that the matter is put in issue
language of the writing is clear and intelligible and by the pleader. (Regalado, p. 734 citing 20 Am.
suggests but a single meaning, but some matter Jur. 1011)
extraneous to the writing creates the ambiguity.
The document is clear on its face but matters Example: Dollars, tons and ounces.
outside the agreement create the ambiguity.
(Riano, p.161, 2016) Thus, intrinsic and intermediate ambiguities are
curable by extraneous evidence.
Example of intrinsic ambiguity is when the
documents refer to a particular person but such NOTE: False description does not vitiate a
name pertains to many persons with same name. document if the subject is sufficiently identified.
The incorrect description shall be rejected as
Patent or Extrinsic Ambiguity surplusage while the correct and complete
Is such ambiguity which is apparent on the face description standing alone shall sustain the
of the writing itself and requires something to be validity of the writing.
added in order to ascertain the meaning of the
words used. In this case, parol evidence is not Mistake
admissible, otherwise the court would be creating
a contract between the parties. A mistake of fact which is mutual to the parties or
where the innocent party was imposed upon by
unfair dealing of the other.
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The pleading does not need to specifically state Due execution of a writing may be proved by
words and phrases such as “mistake,” parol evidence because what the rule prohibits is
“imperfection,” or “failure to express the true varying the terms of the writing by parol evidence.
intent of the parties.” When the other party
responds to the allegations by making the proper Ramos set up as affirmative defense that the
denial, such matters have already been put in contract does not express the true agreement of
issue. (see Sps. Paras v. Kimwa Construction, the parties because certain important conditions
G.R. No. 171601, 2015) agreed upon were not included therein by the
counsel who prepared the contract. The Court
To justify the reformation of a written held that the parole evidence is admissible when
instrument upon the ground of mistake, the there is allegation that the agreement does not
concurrence of three things is necessary: express the intent of the parties. (Enriquez v.
1. Mistake should be of FACT; Ramos, G.R. No. L-18077, 1962)
2. Mistake should be MUTUAL or common to
both parties to the instrument, Even if the document appears to be a sale, parol
3. The mistake should be ALLEGED and evidence may be resorted to if the same does not
PROVED by clear and convincing evidence express the true intent of the parties. The true
understanding in this case is that the portion of
The concurrence of these three things are the property will not be disposed of. (Madrigal v.
necessary; and the parties must have come to an Court of Appeals, G.R. No. 142944, 2005)
actual oral agreement before they have
attempted to reduce it to writing. c) Validity of the written agreement
Imperfection Parol evidence is admissible to show that the

Includes an inaccurate statement in the contract never existed on the ground of fraud,
agreement, or incompleteness in the writing, or illegality or incapacity of one of the parties.
the presence of inconsistent provisions therein.
As a matter of substantive law, when one party d) The existence of other terms agreed to by
was mistaken and the other knew that the the parties or their successors in interest after
instrument did not state their real agreement but the execution of the written agreement
concealed the fact from the former, the
instrument may be reformed. Canuto claimed that two days before the
expiration of the original redemption period, she
b) Failure of the written agreement to express asked Mariano for an extension of time for the
the true intent and agreement of the parties repurchase of the land and Mariano agreed. The
thereto Court held that the rule forbidding the admission
of parol or extrinsic evidence to alter, vary, or
The failure of the writing to express the true contradict a written instrument does not apply so
agreement of the parties must put in issue in the as to prohibit the establishment by parol of an
verified pleading by the party who wants to prove agreement between the parties to a writing,
the defect in the writing. entered into subsequent to the time when the
written instrument was executed. (Canuto v.
Although parol evidence is admissible to explain Mariano, G.R. No. L-11346, 1918)
the meaning of the contract, it cannot serve the
purpose of incorporating into the contract
additional contemporaneous conditions which
are not mentioned at all in the writing unless there
has been fraud or mistake.
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ADDITIONAL RULES received, regardless of whether or not the written

agreement contains any reference to such
Rule on Conditional Agreements collateral agreement, and whether the action is at
law or in equity. (Robles v. Lizarraga, G.R. No. L-
When the operation of the contract is made to 26173, 1927)
depend upon the occurrence of an event, which
for that reason is a condition precedent, such may Waiver of the Parol Evidence Rule
be established by parol evidence. This is not The parol evidence rule can be waived by failure
varying the terms of the written contract by to invoke the benefits of the rule. This waiver may
extrinsic agreement for the simple reason that be made by failure to object the introduction of
there is no contract in existence; there is nothing evidence aliunde. (Riano, p. 164, 2016)
to which to apply the excluding rule.
c. Distinguish: parol evidence rule and
The second paragraph contained in the letter is a original document rule
condition precedent, which states: “This matter
has been the subject of agreement between your Parol Evidence Rule Original Document
husband and this office.” When the operation of Rule
the contract is made to depend upon the
occurrence of an event, which, for that reason is It presupposes that the Establishes a
a condition precedent, such may be established original document is preference for the
by parole evidence. (Land Settlement and available in court. original document over
Development Corporation v. Garcia Plantation, secondary evidence
G.R. No. L-17820, 1963) thereof.
Rule on Collateral Oral Agreements Precludes the Precludes the

admission of other admission of secondary
A contract made prior to or contemporaneous evidence to prove the evidence if the original
with another agreement and if oral and not terms of an agreement document is available.
inconsistent with the written contract is other than the contents
admissible within the exception to the parol of the agreement itself
evidence rule. The parol evidence rule will not for the purpose of
apply when the collateral oral agreement refers to varying the terms of the
separate and distinct subjects. writing.
The verbal assurance given by Seeto is a Can be invoked only by Can be invoked by any
collateral agreement, separate and distinct from the parties to the litigant to an action
the indorsement, by virtue of which PNB was document and their whether or not said
induced to cash the check, and therefore, successors-in-interest. litigant is a party to the
admissible as an exception to the parol evidence document involved.
rule. An extrinsic agreement between indorser
and indorsee which cannot be embodied in the Applies to written Applies to all forms of
instrument without impairing its credit is provable agreements (contracts), writings
by parol. (PNB v. Seeto, G.R. No. L-4388, 1952) including wills.
The only proof of the payment was Robles'

testimony regarding it. The Court held that The
rule against the admission of parol evidence does
not extend so far as to preclude the admission of
extrinsic evidence to show prior or
contemporaneous collateral parole agreements
between the parties, but such evidence may be
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3. Documents that are considered public

When the subject of the When the subject of the
documents under treaties and conventions
inquiry is the terms of inquiry is the contents of
which are in force between the Philippines and
the agreement, one a writing, he must look
the country of source; and
must, as a rule, read the at the original writing.
4. Public records, kept in the Philippines, of
agreement itself and not This is the Original
private documents required by law to the
seek guidance on Document Rule.
entered therein.
sources outside the
writing. Sources outside
All other writings are PRIVATE (Rule 132, Sec.
the writing are
19).
considered parol
evidence, and are
PRIVATE DOCUMENTS
inadmissible.
A private document is any other writing, deed, or
6. AUTHENTICATION AND PROOF OF instrument executed by a private person without
DOCUMENTS the intervention of a notary or other person legally
authorized by which some disposition or
a. Meaning of authentication agreement is proved or set forth. (Patula v.
People, G.R. No. 164457, 2012)
Authentication is the process of proving the due
execution and genuineness of the document.
Public v. Private Documents
In order to be admissible in evidence, the object PUBLIC PRIVATE
sought to be offered must be authenticated, that DOCUMENT DOCUMENT
is, it must be shown to have been the very thing
that is the subject matter of the lawsuit or the very Admissible without Before admitted in
one involved to prove an issue in the case. further proof as to its evidence as
due execution and authentic, its due
Authentication is the preliminary step in showing genuineness (Riano, execution and
the admissibility of an evidence. (Riano, p. 189) Evidence, 172, 2016 authenticity must be
citing Kummer v. proved (Rule 132,
b. Classes of documents
People, GR No. Sec. 20)
DOCUMENTS 174461, 2013)
A deed, instrument or other duly authorized paper Evidence even Binds only the parties
by which something is proved, evidenced or set against third parties and privies to the
forth (US v. Orera, GR No. 3810, 1907). of the fact which gave private writing as to
rise to its due the due execution
For the purpose of their presentation in evidence, execution and of the and date of the
documents may either be public or private (Rule date of the latter document
132, Sec. 19).
Last wills and testaments are considered private
PUBLIC DOCUMENTS documents EVEN IF notarized (Riano, Evidence,
167, 2016).
1. The written official acts, or records of the
official acts of the sovereign authority, official Church registries of births, marriages, and deaths
bodies and tribunals, and public officers, made subsequent to the promulgation of General
whether of the Philippines, or of a foreign Orders No. 68, promulgated on December 18,
country; 1889, and the passage of Act No. 190, enacted
2. Documents acknowledged before a notary on August 7, 1901, are no longer public writings,
public except last wills and testaments; nor are they kept by duly authorized public
Page 589 of 711
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officials. They are private writings and their Where the reply of the adverse party refers to
authenticity must, therefore, be proved, as are all and affirms the sending and his receipt of the
other private writings in accordance with the letter in question, a copy of which the
Rules of Evidence (Riano, Evidence, 179, 2016 proponent is offering as evidence (Regalado,
citing Llemos v. Llemos, G.R. No. 150162, 2007). Remedial Law, 859).
c. When a private writing requires Receipt of Reply Communication.

authentication; proof of a private writing With respect to a letter received thus in due
course of mail and purporting to come from a
Before any private document offered as authentic person to whom a letter has previously been sent
is received in evidence, its due execution and and to be in reply thereto, a presumption of fact is
authenticity must be proved by any of the indulged in favor of the genuineness of the
following means: signature and the letter is admissible in evidence
1. By anyone who saw the document executed without further authentication; although, in order
or written; to obtain the benefit of this presumption, it must
2. By evidence of the genuineness of the first be proven that a letter was written and
signature or handwriting of the maker; or mailed, to which the letter offered is an answer.
3. By other evidence showing its due execution The rule that the genuineness of the signature to
and authenticity a reply letter may be assumed applies to a letter
signed in typewriting, or by rubber stamp. The
Any other private document need only be majority of the recent cases also support the rule
identified as that which it is claimed to be (Rule that where a letter sent in the ordinary course of
132, Sec. 20). business is answered by an agent of the
individual or corporation addressed, authority of
The manner of authenticating a document, such person is presumed and the reply letter is
required by Sec. 20 of Rule 132, applies only admissible against the alleged principal without
when a private document is offered as authentic preliminary proof of authority. In a few
as when it is offered to prove that the document jurisdictions, however, without expressly
was truly executed by the person purported to repudiating the above rule, the decisions tend to
have made the same. Otherwise, only the contrary (Anstine v. McWilliams, 24 Wash. 2d
identification is necessary (Riano, Evidence, 169, 230, 163 P.2d 816, 1945 citing Jones
2016). Commentaries on Evidence (2d ed.) 341, § 201)."
Private documents in the custody of PCGG are d. When evidence of authenticity of a

not public documents. What became public are private writing is not required
not the private documents (themselves) but the
recording of it in the PCGG. If a private writing 1. Ancient Documents
itself is inserted officially into a public record, its 2. When the genuineness and authenticity of an
record, its recordation, or its incorporation into the actionable document have not been
public record becomes a public document, but specifically denied under oath by the adverse
that does not make the private writing itself a party under Sec. 8 of Rule 8 of the Rules of
public document so as to make it admissible Court
without authentication. (Republic v. 3. When the genuineness and authenticity of the
Sandiganbayan, G.R. No. 188881, 2014) document have been admitted under Sec. 4 of
Rule 129
Additional Modes of Authenticating a Private 4. When the document is not being offered as
Writing: authentic as implied from Sec. 20, Rule 132 of
1. Doctrine of Self-Authentication the Rules of Court, which requires
Where the facts in the writing could only have authentication only when the document is
been known by the writer. offered as “authentic” (Riano, page. 193)
2. Rule of Authentication by Adverse Party
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Ancient Document The deed of sale (Exhibit 1) is not notarized and

Where a private document is: is, therefore, a private writing (U.S. v. Orera, G.R.
1. More than thirty years old; No. 3810, 1907), whose due execution and
2. Is produced from a custody in which it would authenticity must be proved before it can be
naturally be found if genuine; and received in evidence (Bunag v. Court of Appeals,
3. Is unblemished by any alterations or G.R. No. L-39013, 1988).
circumstances of suspicion;
no other evidence of its authenticity need be NOTE: Expert testimony on handwriting is not
given (Rule 132, Sec. 21). mandatory (Riano, Evidence, 171, 2016).
The last requirement of the “ancient document SUMMARY OF AUTHENTICATING PRIVATE

rule” that a document must be unblemished by DOCUMENTS
any alteration or circumstances of suspicion
refers to the extrinsic quality of the document Due execution and authenticity are proved:
itself. The lack of signatures on the first pages, 1. By anyone who saw the document executed
therefore, absent any alterations or or written
circumstances of suspicion cannot be held to 2. By evidence of the genuineness of the
detract from the fact that the documents in signature or handwriting
question, which were certified as copies of the a) By a witness who believes it to be the
originals on file with the Register of Deeds of handwriting of such person because:
Pampanga, are genuine and free from any i. He or she has seen the person write
blemish or circumstances of suspicion (Heirs of ii. Has seen writing purporting to be his or
Lacsa v. CA, G.R. No. 79597-98, 1994). hers upon which the witness has acted
or been charged thus acquiring
e. Genuineness of handwriting knowledge of the handwriting of such
person
The handwriting of a person may be proved by: b) By comparison made either by the
1. Any witness who believes it to be the witness or the court of writings either:
handwriting of such person because: i. Admitted or treated as genuine by the
a. He has seen the person write; or party against whom the evidence is
b. He has seen writing purporting to be his offered or
upon which the witness has acted or been ii. Proved to be genuine to the satisfaction
charged; and has thus acquired knowledge of the judge
of the handwriting of such person; or 3. By other evidence showing its due execution
2. By comparison made by the witness or the and authenticity
court, with writings admitted or treated as
genuine by the party against whom the Note: Expert testimony on handwriting is not
document is offered, or proved to be genuine mandatory (Riano, Evidence, 171, 2016).
to the satisfaction of the judge
The opinions of handwriting experts are not
There is no inflexible rule as claimed by petitioner necessarily binding upon the court, the expert’s
under Sec. 22, Rule 132 of the Revised Rules of function being to place before the court data upon
Court that gives priority to subscribing witnesses which the court can form its own opinion. (Heirs
in the order and quality of evidence to prove a of Peter Donton v. Stier, G.R. No. 216491, 2017)
handwriting. The rule referred to above merely
enumerates the means or methods by which the
handwriting of a person may be proved...The law
makes no preference, much less distinction
among and between the different means stated
above in proving the handwriting of a person
(Lopez v. CA, L-31494, 1978).
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f. Public documents as evidence; proof of For documents originating from a foreign country
official record which is not a contracting party to a treaty or
convention referred to [in the second paragraph
Public documents are admissible without further of Rule 132, Sec, 24, 2nd par.]: the certificate
proof of their genuineness and due execution. may be made by secretary of the embassy or
legation, consul-general, consul, vice-consul or
Documents consisting of entries in public records consular agent or by any officer in the foreign
made in the performance of a duty by a public service of the Philippines stationed in the foreign
officer are prima facie evidence of the facts country in which the record is kept, and
therein stated. This is a hearsay exception. authenticated by the seal of his or her office.
(Rule 132, Sec. 24, 3rd par.)
All other public documents are evidence, even
against a third person, of the fact which gave rise A document that is accompanied by a certificate
to their execution and of the date of the latter. or its equivalent may be presented in evidence
(Rule 132, Sec. 23) without further proof, the certificate or its
equivalent being prima facie evidence of the due
Proof of official record execution and genuineness of the document
involved. (Rule 132, Sec. 24, 4th par., 1st
The record of public documents referred to in sentence)
paragraph (a) of Section 19 (The written official
acts, or records of the official acts of the Even assuming (arguendo) that the POEA has
sovereign authority, official bodies and tribunals, jurisdiction to recognize and enforce a foreign
and public officers, whether of the Philippines, or judgment, still respondent Rances cannot rely
of a foreign country), when admissible for any upon the Dubai decision. The Dubai decision was
purpose, may be evidenced by: not properly proved before the POEA. The Dubai
1. An official publication thereof decision purports to be the written act or record
2. By a copy attested by the officer having the of an act of an official body or tribunal of a foreign
legal custody of the record, or by his deputy country, and therefore a public writing under
and if the record is not kept in the Philippines, Section 20 (a) of Rule 132 of the Revised Rules
the attestation should be accompanied with a of Court. Sections 25 and 26 of Rule 132 (now
certificate that such officer has the custody Sections 24 and 25 of Rule 132, respectively)
(Rule 132, Sec. 24, 1st par.) prescribe the manner of proving a public or official
record of a foreign country
If the office in which the record is kept is in a
foreign country which is a contracting party to a Foreign laws do not prove themselves nor can the
treaty or convention to which the Philippines is courts take judicial notice of them. Like any other
also a party, or considered a public document fact, they must be alleged and proved. Written
under such treaty or convention pursuant to law may be evidenced by an official publication
paragraph (c) of Sec. 19 hereof: the certificate or thereof or by a copy attested by the officer having
its equivalent shall be in the form prescribed by the legal custody of the record, or by his deputy,
such treaty or convention subject to reciprocity and accompanied with a certificate that such
granted to public documents originating from the officer has custody.
Philippines (Rule 132, Sec. 24, 2nd par.)
The certificate may be made by a secretary of an
The certificate shall not be required when a embassy or legation, consul general, consul,
treaty or convention between a foreign country vice-consul, or consular agent or by any officer in
and the Philippines has abolished the the foreign service of the Philippines stationed in
requirement, or has exempted the document itself the foreign country in which the record is kept,
from this formality. (Rule 132, Sec. 24, 4th par., and authenticated by the seal of his office
2nd sentence) (Spouses Zalamea v. Court of Appeals, G.R. No.
104235, 1993).
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Doctrine of Processual Presumption i. Proof of lack of record

Where a foreign law is not pleaded or, even if
pleaded, is not proven, the presumption is that A written statement signed by an officer having
the foreign law is the same as Philippine law the custody of an official record or by his or her
(Orion Savings Bank v. Suzuki, G.R. No. 205487, deputy that after diligent search no record or entry
2014). of a specified tenor is found to exist in the records
of his or her office, accompanied by a certificate
g. Attestation of a copy as above provided, is admissible as evidence that
the records of his or her office contain no such
Whenever a copy of a document or record is record or entry (Rule 132, Sec. 28).
attested for the purpose of evidence, the
attestation must state, in substance, that the copy It is not a conclusive proof however of the non-
is a correct copy of the original, or a specific part existence of the record at all. It only provides
thereof, as the case may be. evidence that the record is not entered or found
in such particular office.
The attestation must be under the official seal of
the attesting officer, if there be any, or if he or she j. How a judicial record is impeached
be the clerk of a court having a seal, under the
seal of such court (Rule 132, Sec. 25). Judicial record
The record of judicial proceedings. It does not
The certificate (under Sec. 24) and attestation only include official entries or files or the official
(under Sec. 25) are required, because of the acts of a judicial officer, but also the judgment of
general rule on the “irremovability of public the court (Riano, Evidence, 174, 2016 citing
records”: Any public record, an official copy of Black’s Law Dictionary, 5thEd., p. 762 &
which is admissible in evidence, must not be Wharton’s Criminal Evidence, 11thEd., Sec. 805).
removed from the office in which it is kept, except
upon order of a court where the inspection of the Any judicial record may be impeached by
record is essential to the just determination of a evidence of:
pending case [Rule 132, Sec. 26; Riano, 1. Want of jurisdiction in the court or judicial
Evidence, 174, 2016]. officer;
2. Collusion between the parties; or
h. Public record of a private document 3. Fraud in the party offering the record, in
respect to the proceedings (Rule 132, Sec.
An authorized public record of a private document 29).
may be proved by:
1. The original record, or k. Proof of notarial documents
2. By a copy thereof, attested by the legal
custodian of the record, with an appropriate Every instrument duly acknowledged or proved
certificate that such officer has the custody. and certified as provided by law, may be
(Rule 132, Sec. 27). presented in evidence without further proof, the
certificate of acknowledgment being prima facie
Financial statements, whether audited or not, are, evidence of the execution of the instrument or
as general rule, private documents. However, document involved (Rule 132, Sec. 30).
once financial statements are filed with a
government office pursuant to a provision of law, Notarized documents fall under the second
they become public documents (Salas v. Sta. classification of public documents. However, not
Mesa Market Corporation, G.R. No. 157766, July all types of public documents are deemed prima
12, 2007). facie evidence of the facts therein stated. Hence,
under Section 23, notarized documents are
The same holds true for birth, marriage, and merely proof of the fact which gave rise to their
death certificates once submitted to the Philippine execution (e.g., the notarized Answer to
Statistics Authority. Interrogatories in the case at bar is proof that
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Philtrust had been served with Written voluntarily affixed by him for the purposes
Interrogatories), and of the date of the latter (e.g., stated in the instrument or document, declares
the notarized Answer to Interrogatories is proof that he has executed the instrument or
that the same was executed on October 12, 1992, document as his free and voluntary act and
the date stated thereon), but is not prima facie deed, and, if he acts in a particular
evidence of the facts therein stated. Additionally, representative capacity, that he has the
under Section 30 of the same Rule, the authority to sign in that capacity. (Coquia v.
acknowledgement in notarized documents is Laforteza, A.C. No. 9364, 2017)
prima facie evidence of the execution of the
instrument or document involved (e.g., the l. Alterations in a document
notarized Answer to Interrogatories is prima facie
proof that petitioner executed the same) The party producing a document as genuine
(Philippine Trust Company v. Court of Appeals, which has been altered and appears to have
G.R. No. 150318, 2010). been altered after its execution, in a part material
to the question in dispute, must account for the
Notarial documents, except last wills and alteration.
testaments, are public documents and are
How a party may account for such alteration
evidence of the facts that gave rise to their
execution and of their date (Siguan v. Lim, G.R. 1. The alteration was made by another, without
No. 134685, 1999). his or her concurrence; or
2. It was made with the consent of the parties
A public document duly acknowledged before a affected by it; or
notary public, under his hand and seal with his 3. It was otherwise properly or innocently made;
certificate thereto attached, is admissible in or
evidence without further proof of its due execution 4. The alteration did not change the meaning or
and delivery until some question is raised as to language of the instrument.
the verity of said acknowledgment and certificate
(Antillon v. Barcelon, G.R. No. L-12483, 1917) If he or she fails to do that, the document shall not
be admissible in evidence (Rule 132, Sec. 31).
The above rule presupposes that the document
m. Documentary evidence in an unofficial
was notarized by a person duly authorized to
language
perform notarial functions, as well as that the
document was properly notarized in the presence Documents written in an unofficial language shall
of the notary public. not be admitted as evidence, unless
accompanied with a translation into English or
The improper notarization stripped the document Filipino. To avoid interruption of proceedings,
of its public character and reduced it into a private parties or their attorneys are directed to have
document (Aguinaldo v. Torres, G.R. No. 225808, such translation prepared before trial (Rule 132,
2017) Sec. 33).
“Acknowledgement” refers to an act in which an More than once, this Court has taken into
individual, on a single occasion: consideration documents written in a Philippine
a) appears in person before the notary public dialect, unaccompanied by the required
and presents and integrally complete translation but which had been admitted in
instrument or document; evidence without objection by the accused. In
b) is attested to be personally known to the those instances, the Court merely ordered official
notary public or identified by the notary public translations to be made.
through competent evidence of identity as
defined by these Rules; and It is true that Section 33, Rule 132 of the Revised
c) represents to the notary public that the Rules of Court now prohibits the admission of
signature on the instrument or document was such document in an unofficial language but we
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believe that in the interest of justice, such General Rule: Conviction of a crime is not a
injunction should not be taken literally here, ground for disqualification of a witness.
especially since no objection thereto was Exceptions:
interposed by appellant, aside from the fact that 1. Those convicted of falsification of a document,
appellant, the concerned parties and the judicial perjury or false testimony cannot be witnesses
authorities or personnel concerned appeared to to a will. (Civil Code, Art. 821)
be familiar with or knowledgeable of Cebuano in 2. An accused convicted of a crime involving
which the document was written. There was, moral turpitude, whenever made a co-
therefore, no prejudice caused to appellant and accused in any criminal case, cannot be
no reversible error was committed by that lapse discharged to become a witness for the
of the trial court (People v. Salison, G.R. No. Government. (Rule 119, Sec. 17)
115690, 1996).
A prospective witness must show that he has the
following abilities: (ORRR)
1. To Observe testimonial quality of perception;
E. TESTIMONIAL EVIDENCE 2. To Remember the perception;
3, To Relate the perception;
1. QUALIFICATIONS OF A WITNESS
4. That he has to Recognize a duty to tell the
truth, under oath or affirmation. (Herrera, p.
General Rule:
278)
All persons who can perceive, and perceiving,
can make known their perception to others, may
be witnesses (Rule 130, Sec. 21) A deaf-mute is competent to be a witness so long
as he/she has the faculty to make observations
and he/she can make those observations known
Exceptions: Except as provided by law or the
to others (People v. Aleman y Longhas, G.R. No.
Rules, such as:
181593, 2012)
1. Disqualification by reason of marriage (Rule
130, Sec. 23)
Parties declared in default are not disqualified
2. Disqualification by reason of privileged
communication (Rule 130, Sec. 24) from taking the witness stand for non-disqualified
parties. The law does not provide default as an
3. Parental and filial privilege (Rule 130, Sec. 25)
exception. (Marcos v. Heirs of Navarro, G.R. No.
4. Privilege relating to trade secrets (Rule 130,
198240, 2013)
Sec. 26)
There is no substantive or procedural rule which
Note: The 2019 amendments to the Rules of
requires a witness for a party to present some
Evidence have deleted the previous Sec. 21
relating to disqualifications by reason of mental form of authorization to testify as a witness for the
party presenting him or her. (AFP Retirement and
incapacity or immaturity since it is deemed
Separation Benefits System v. Republic, G.R. No.
superfluous, given that the general rule as to the
188956, 2013)
competency of a witness covers such
disqualification necessarily. 2. DISQUALIFICATIONS OF A WITNESS
Loss of the perceptive senses after the a. Disqualification by reason of marriage
occurrence of the fact does not affect the
admissibility of the testimony. Reasons:
1. There is identity of interests between husband
General Rule: Religious or political belief, and wife;
interest in the outcome of the case, or conviction 2. If one were to testify for or against the other,
of a crime shall not be a ground for there is the consequent danger of perjury;
disqualification. (Rule 130, Sec. 21) 3. The policy of the law is to guard the security
Exception: Unless otherwise provided by law and confidence of private life and to prevent
domestic disunion and unhappiness;
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4. Where there is want of domestic tranquility, compelling rationale for extending the
there is danger of punishing one spouse by disqualification to testimony “for” the affected
the testimony of the other (Alvarez v. Ramirez, spouse. The disqualification should be limited to
G.R. No. 143349, 2005) “adverse spousal testimony.”
Requisites Duration of the Privilege

1. Spouses are legally married; and The privilege lasts only during marriage.
2. Either spouse must be a party to a case
Q: Should the phrase "in a criminal case for a
Exceptions: crime committed by one against the other" be
1. The case in which the husband or wife is restricted to crimes committed by one spouse
called to testify is a civil case instituted by one against the other, such as physical injuries,
against the other; bigamy, adultery or concubinage, or should it be
2. That it is a criminal case for a crime committed given a latitudinarian interpretation as referring to
by one against the other, or the latter's direct any offense causing marital discord?
descendants or ascendants. (Rule 130, Sec.
23) A: When an offense directly attacks or directly
and vitally impairs, the conjugal relation, it comes
Reason for the Exceptions within the exception to the statute that one shall
not be a witness against the other except in a
Where the martial and domestic relations are so criminal prosecution for a crime committed by one
strained that there is no more harmony to be against the other.
preserved or peace and tranquility which may be
disturbed, the reason based upon such harmony Using the criterion thus judiciously enunciated in
and tranquility fails. In such a case, identity of the Cargill case, it can be concluded that in the
interests disappears, and the consequent danger law of evidence the rape perpetrated by the father
of perjury based on that identity is nonexistent. against his daughter is a crime committed by him
(Alvarez v. Ramirez, G.R. No. 143349, 2005) against his wife (the victim's mother). (Ordoño v.
Daquigan, G.R. No. L-39012, 1975) This ruling
When an offense directly attacks or directly and has been codified under Rule 130, Sec. 23.
vitally impairs the conjugal relation, it comes
within the exception to the statute that one shall Testimony Where Spouse is Accused with
not be a witness against the other except in a Others
criminal prosecution for a crime committed by one
against the other. (People v. Castañeda, G.R. No. The disqualification is between husband and wife,
L-46306, 1979) the law not precluding the wife from testifying
when it involves other parties or accused. The
Indeed, in those jurisdictions which allow one wife may proceed and testify in the murder case
spouse to be subjected to examination by the against the brothers who were jointly tried with
adverse party as a hostile witness when both her husband, but the testimony cannot be used
spouses are parties to the action, either the against the husband through the guise of taking
interests of the spouses are separate or judicial notice of the proceedings in the murder
separable, or the spouse offered as a witness is case without violating the rule. What cannot be
merely a formal or nominal party. (Lezama v. done directly cannot be done indirectly. (People
Rodriguez, G.R. No. L-25643, 1968) v. Quidato, G.R. No. 117401, 1998)
Note: The marital disqualification rule under Rule

130, Sec. 23 has been amended: The words “for
or against the affected spouse” became just
“against the other” in line with the rule’s
purpose to foster marital harmony. There lies no
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Non-Applicability of Disqualification: be compelled to give, or permits someone,

usually one of the parties, to prevent the witness
This rule may be waived. from revealing certain information. (Herrera,
p.315)
Objections to the competency of a husband or
wife to testify in a criminal prosecution against the Privileged communications are matters
other may be waived as in the case of the other learned in confidence
witnesses generally. It is also true that objection
to the spouse's competency must be made when Privileged Communications (Rule 130, Section
he or she is first offered as witness, and that the 24):
incompetency may be waived by the failure of the 1. Husband and Wife
accused to make timely objection to the 2. Attorney and Client
admission of the spouse's testimony, although 3. Physician and Patient
knowing of such incompetency, and the 4. Priest and Penitent
testimony admitted, especially if the accused has 5. Public Officers
assented to the admission, either expressly or
impliedly. (People v. Francisco, G.R. No. L-568, (i) Husband and Wife (Marital
1947) Communications Privilege)
Where the wife is a co-defendant in a suit Reason

charging fraud against the spouses, the wife
could not be compelled to testify as an adverse Society’s interest in the preservation of peace of
party witness concerning her participation in the families and its strongest safeguard is to preserve
alleged fraud without violating [Sec. 23] of Rule any violations of those confidences inherent in
130. (Lezama v. Rodriguez, G.R. No. L-25643, the marital status.
1968)
Ability to communicate without inhibitions is
Whether her testimony will turn out to be adverse essential in a marital relationship.
or beneficial to her own interest, the inevitable
result would be to pit her against her husband. Requisites:
The interests of husband and wife in this case are 1. There must be a valid marriage between
necessarily interrelated. husband and wife;
2. There is a communication received in
Where the marital and domestic relations are so confidence by one from the other;
strained that there is no more harmony to be 3. The confidential communication was
preserved nor peace and tranquility which may be received during the marriage; and
disturbed, the reason based upon such harmony 4. The spouse against whom such is being
and tranquility fails. In such a case, identity of offered has not given his/her consent to such
interests disappears and the consequent danger testimony
of perjury based on that identity is non-existent.
A widow of a victim allegedly murdered may
Thus, there is no longer any reason to apply the testify as to her husband’s dying declaration as to
Marital Disqualification Rule. (Alvarez v. Ramirez, how he died the since the same was not intended
G.R. No. 143349, 2005) to be confidential (U.S. v. Antipolo, G.R. No. L-
13109, 1918)
b. Disqualification by reason of privileged
communications; rule on third parties The privilege applies to any form of confidential
disclosure both in words and in conduct.
Privilege
A rule of law that to protect a particular
relationship or interest, either permits a witness to
refrain from giving testimony he otherwise could
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To whom the privilege belongs once the marriage is testimony may object
The privilege belongs to the spouse against dissolved. even after the
whom the testimony is given. It may be asserted dissolution of the
only during the marriage. The
The privilege does NOT apply: marriage. privilege does not
1. When the husband or wife testifies against cease just because
the other in a civil case instituted by one the marriage has
against the other. ended.
2. When the husband or wife testifies against Requires that the No such requirement
the other in a criminal case for a crime spouse against whom as it applies
committed by one against the other or the the testimony is regardless of whether
latter’s direct ascendants or descendants. offered is a party to the spouses are
3. When there is waiver, such as in failure to the action. parties or not.
object on a timely basis to its presentation or The prohibition is What is prohibited is
by any conduct that may be construed as directed at testimony the examination of a
implied consent (Lacurom v. Jacoba, A.C. against the other. spouse as to matters
No. 5921, 2006) received in
confidence by one
Sec. 24 (a) of Rule 130 also requires that the from the other during
information received in confidence during the the marriage.
marriage be “by one from the other”. The (Riano, p. 235)
implication is clear: confidential information
received from a third person is not covered by the (ii) Attorney and Client; exceptions
privilege. (Riano, p.233)
Reason
Marital Disqualification versus Marital It is based upon grounds of public policy to enable
Privileged Communication full disclosure.
Marital Marital Privileged
Disqualification Communication McPartlin was entitled to the protection of the
Rule attorney-client privilege, because his statements
Does NOT refer to Refers to confidential were made in confidence to an attorney for a co-
confidential communications defendant for a common purpose related to both
communications received by one defenses. (U.S. vs. McPartlin, 595 F.2d 1321,
between spouses. spouse from the other 1979)
during the marriage.
Includes facts, Applies only to The period to be considered is the date when the
occurrences, or confidential privileged communication was made by the client
information even prior information received to the attorney in relation to either a crime
to the marriage. during the marriage. committed in the past or with respect to a crime
The scope of this rule intended to be committed in the future. In other
is broader because it words, If the client seeks his lawyer’s advice with
prevents testimony respect to a crime that the former has theretofore
for or against the committed, he is given the protection of a virtual
spouse on any fact confessional seal which the attorney-client
and not merely a privilege declares cannot be broken by the
disclosure of attorney without the client’s consent.
confidential If the advice he seeks is with respect to a future
information. crime, the communication is not protected.
The rule can no The spouse affected (People vs. Sandiganbayan, G.R. No. 115439-
longer be invoked by the disclosure of 41, 1997)
the information or
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Requisites:
1. There must be a communication made by the Note: While the work product doctrine is not
client to the attorney, OR advice given by the expressly recognized in Philippine law and
attorney to his client; jurisprudence, it is submitted that it may be
(No particular form is required under the Rules) invoked in the Philippines pursuant to S16, R23
2. The communication or advice must be given on motion for protective orders or to S18 R233 on
in confidence; and motion to terminate or limit examination.
3. The communication or advice must be given
either: In an obiter dictum in Fortune Corp v. CA, 229
a. In the course of professional employment; SCRA, 355, 372 (1994), the Supreme Court
or stated that a bare allegation of the “work product
b. With a view to professional employment doctrine” is not sufficient to grant a motion for
(This contemplates preliminary negotiations, protective and limiting orders, thereby implying
even if later on the attorney-client relationship that such orders would be forthcoming if there is
is not perfected) sufficient showing of the applicability of the
doctrine. (Riguerra, p. 746-747).
Attorney’s secretary, stenographer, clerk or other
persons assisting the attorney are also covered THE PRIVILEGE DOES NOT APPLY:
by the rule and cannot be examined concerning
any fact the knowledge of which has been (a) As provided for by the Rules of Court
acquired in such capacity without the consent of [Rule 130, Sec. 24(b)]:
the client AND their employer.
Furtherance of crime or fraud (future crime-
Note: Also covered is a “person reasonably fraud) [Rule 130, Sec. 24(b)(i)]
believed by the client to be licensed to engage in
the practice of law” There is no privilege if the services of the lawyer
were sought or obtained to enable or aid anyone
Work-Product Doctrine to commit or plan to commit a crime or a fraud.
(People v. Sandiganbayan, G.R. No. 115439-41,
The doctrine that the trial preparation materials of 1997)
a lawyer or his representative are protected from
discovery unless the other party shows that it has Clients are not entitled to use lawyers to help
a substantial need for the materials to prepare its them in pursuing unlawful or fraudulent
case, and cannot, without undue hardship, obtain objectives. If the privilege were to cloak such
their substantial equivalent by other means. Trial activity, the result would be loss of public
preparation materials include written documents, confidence and corruption of the profession
such as records, notes, memorandums, and
tangible things. An attorney’s service knowingly used to further a
crime or fraud is hardly qualified as “professional
It is not a privilege but a special protective rule legal services”, an essential element of the
which limits discovery of an attorney’s work privilege (Mueller & Kirkpatrick, Sec. 5.22)
product. (Riguerra, p. 741)
Claimants through same deceased client
The doctrine protects the attorney’s right to work [Rule 130, Sec. 24(b)(ii)]
with a certain degree of privacy in giving legal
advice and in preparing for trial. If the lawyer’s While the attorney-client privilege survives the
trial preparation materials could be obtained by death of a client, there is no privilege in a will
discovery, much of what is now put down in contest or other case between parties who both
writing would remain unwritten. An attorney’s claim through that very client since it is not known
thoughts, heretofore inviolate, would not be his who stands in the shoes of the deceased client.
own. (Riguerra, p. 741-742)
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Communication of such information may be (b) Others

essential to an accurate resolution of competing
claims of succession, and the testator would 1. When there is no attorney-client relationship
presumably favor disclosure of the 2. When the communication was not intended to
communications in order to dispose of his estate be confidential
in accord with his intentions (Mueller & 3. When the action is one brought by the client
Kirkpatrick, Sec. 5.24) against the attorney and the disclosure of the
confidential information becomes necessary
Breach of duty by lawyer or client [Rule 130, for the attorney (But limited only for what is
Sec. 24(b)(iii)] necessary for attorney's own protection).
Note: Contracts between attorneys and
If the client alleges a breach of duty on the part of clients are inherently personal and private
the lawyer - e.g., professional malpractice, matters, but they are a constant subject of
incompetence or ethical violations OR a lawyer litigation, and contracts relating to fees are
sues a client for his fee, either may testify as to essentially not of a privileged nature. In other
communications between them which would words, the terms of employment between
otherwise be privileged attorney and client are not of a privileged
nature. (Orient Insurance v. Revilla, G.R. No.
This “self-defense” exception is sometimes 34098, 1930)
justified on the theory that client impliedly waives 4. When there is waiver.
the privilege by making allegations of breach of The attorney cannot make a waiver without
duty against the lawyer (Mueller & Kirkpatrick, the client's consent - express or implied.
Sec. 5.23) Waiver of the Privilege:
a) Client of the attorney consents to disclose
Document attested by the lawyer [Rule 130, privileged communication.
Sec. 24(b)(iv)] b) Giving evidence on the privileged
communication.
When an attorney serves as an attesting witness, c) When the privileged communication falls
he is not acting as a lawyer and the client’s into the hands of the adverse party.
obvious intent is to have him available to testify to BUT NOTE THIS 2019 AMENDMENT:
the matter attested (Lempert, R. & Saltzburg, S. The communication shall remain
at 697) privileged, even in the hands of a third
person who may have obtained the
Joint clients [Rule 130, Sec. 24(b)(v)] information, provided that the original
parties to the communication took
While joint client are within the class of persons reasonable precaution to protect its
to whom otherwise confidential communications confidentiality. (Rule 130, Sec. 24, last
can be disclosed without destroying paragraph)
confidentiality, if they have a falling out, the d) In calling or cross-examining his attorney
communications are not privileged in subsequent regarding the privileged communication.
litigations between themselves, unless they have 5. The receipt of fees from a client is not usually
expressly agreed otherwise. within the privilege because the payment of a fee
is not normally a matter of confidence or a
Joint clients do not intend their communication to communication. The ministerial or clerical
be confidential from each other. Therefore, joint services of an attorney in transferring funds to or
representation means each joint client accepts from a client is not a matter of confidence that is
the risk that another joint client may later use protected by the privilege. (In re Grand Jury
what one has said to the lawyer (Mueller & Investigation, 732 F.2d 447, 1983)
Kirkpatrick, Sec. 5.14)
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General Rule: Client’s identity is not privileged. The privilege survives the death of the patient.
Exceptions: After one has gone to his grave, the living are not
1. Where a strong probability exists that permitted to impair his name and disgrace his
revealing the client’s identity would implicate memory by dragging to light communications and
him in the activity for which he sought the disclosures made under the seal of the statute.
lawyer’s advice. (Gonzales v. CA, G.R. No. 117740, 1998).
2. Where disclosure would open the client to
civil liability. The Privilege Does Not Apply:
3. Where the government’s lawyers have no 1. When the case is a criminal case.
case against an attorney’s client unless, by 2. When the testimony refers to information
revealing the client’s name, the said name regarding a patient which the physician
would furnish the only link that would form the acquired either before the relation of
chain of testimony necessary to convict an physician and patient began or after its
individual of a crime (LAST LINK termination.
DOCTRINE). 3. When there is waiver.
(Regala v. Sandiganbayan, G.R. No. 105398, 4. If the physician acted for purposes other than
1996) to prescribe for the patient.
5. When the information was not necessary for
Where the government’s lawyers have no case the proper treatment of the patient.
against an attorney’s client unless, by revealing 6. Where an action for damages is brought by
the client’s name, the said name would furnish the patient against his physician.
the only link that would form the chain of 7. When the physician is presented as an expert
testimony necessary to convict an individual of a witness and the facts testified to are merely
crime, the client’s name is privileged. (Regala v. hypothetical. (Lim v. Court of Appeals, G.R.
Sandiganbayan, G.R. No. 105398, 1996) No. 91114, 1992)
8. When the information was intended to be
(iii) Physician and Patient public, such as results of physical and mental
examinations ordered by the court and
Reason results of autopsies. (See Rule 28, Sec. 4)
The privilege is intended to facilitate and make
safe, full, and confidential disclosure. Where the person against whom the privilege is
claimed is the patient’s husband who testifies on
Requisites: a document executed by medical practitioners,
1. The privilege is claimed in a civil case; his testimony does not have the force and effect
2. The person against whom the privilege is of the testimony of the physician who examined
claimed is one duly authorized to practice the patient and executed the report. Plainly, this
medicine, surgery or obstetrics; does not fall within the prohibition. (Krohn vs.
3. Such person acquired the information while Court of Appeals, G.R. No. 108854, 1994)
he was attending to the patient;
4. The information was necessary to enable him BUT NOTE THIS 2019 AMENDMENT: The
to act in that capacity; and communication shall remain privileged, even in
5. The information was confidential and if the hands of a third person who may have
disclosed would blacken the reputation of the obtained the information, provided that the
patient. (Lim v. Court of Appeals, G.R. No. original parties to the communication took
91114, 1992) reasonable precaution to protect its
confidentiality. (Rule 130, Sec. 24, last
Note: The 2019 amendments to the Rules of paragraph)
Evidence has removed the requirement that the
information involved “would blacken the
reputation of the patient”.
Duration of privilege
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Hospital Records during Discovery

Procedure The Privilege Does Not Apply:
To allow the disclosure during discovery 1. Where a minister is consulted not as such
procedure of the hospital records would be to (e.g., he is consulted as a friend or
allow access to evidence that is inadmissible interpreter).
without the patient’s consent. Disclosing them 2. Where the confession is not made in the
would be the equivalent of compelling the course of religious discipline.
physician to testify on privileged matters he 3. When there is waiver.
gained while dealing with the patient, without the
latter’s prior consent. (Chan v. Chan, G.R. No. (v) Public Officers
179786, 2013)
Requisites:
Note: A psychologist or psychometrician cannot, 1. The communication must have been
without the consent of the client/patient, be made to a public officer;
examined on any communication or information 2. The communication was made in official
disclosed and/or acquired in the course of giving confidence; and
psychological services to such client. The 3. Public interest would suffer by the
protection accorded herein shall extend to all disclosure of the information
pertinent records and shall be available to the
secretary, clerk or other staff of the licensed Public interest means more than a mere
psychologist or psychometrician. (Sec. 30 of R.A. curiosity; it means something in which the public,
10029, Philippine Psychology Act of 2009) This the community at large, has some pecuniary
has been incorporated into the privilege under the interest by which their legal rights or liabilities
2019 amendments which include are affected. It does not mean anything so narrow
“psychotherapists” within the coverage of the as to interest the particular localities which may
privilege. be affected by the matters in question (Banco
Filipino v. Monetary Board, G.R. No. L-70054,
(iv) Priest and Penitent 1986).
A minister, priest or person reasonably believed This privilege is intended not for the protection of
to be so cannot, without the consent of the public officers but for the protection of public
affected person, be examined as to any interest. Where there is no public interest that
communication or confession made to or any would be prejudiced, this invoked rule will not be
advice given by him or her, in his or her applicable (Banco Filipino v. Monetary Board,
professional character, in the course of discipline G.R. No. L-70054, 1986).
enjoined by the church to which the minister or
priest belongs. (Rule 130, Sec. 24[d]) What is usually referred to as informer’s privilege
is in reality the government’s privilege to withhold
Reason from disclosure the identity of persons who
To compel a minister or priest to testify to a furnish information of violations of laws to officers
confession made to him is equivalent to an charged with enforcement of that law. (People v.
annulment of the confession institution. Ong, G.R. No. 137348, 2004)
Requisites: The privilege under Section 24, Rule 130 is

1. The confession must be made to the minister intended not for the protection of public officers
or priest in his professional character, and in but for the protection of public interest. Where
the course of discipline enjoined by the rules there is no public interest that would be
of practice of the denomination to which the prejudiced, this rule will not be applicable. The
priest or minister belongs; and rule that a public officer cannot be examined as
2. The confession must be of a penitential to communications made to him in official
character. confidence does not apply when there is nothing
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to show that the public interest would suffer by the practitioner involved in the writing, editing,
disclosure. (Banco Filipino v. Monetary Board, production, and dissemination of news for mass
G.R. No. 70054, 1986) circulation, of any print, broadcast, wire service
organization, or electronic mass media, including
When the ground for asserting the privilege as to cable TV and its variants, cannot be compelled to
subpoenaed materials sought for use in a criminal reveal the source of any news item, report or
trial is based only on the generalized interest in information appearing or being reported or
confidentiality, unsupported by a claim of the disseminated through said media, which was
need to protect military, diplomatic or sensitive related in confidence to the abovementioned
national security secrets, it cannot prevail against media practitioners. (R.A. No. 53, as amended by
a demonstrated, specific need for the R.A. 11458, Sec. 1)
documents/recordings needed and over the
fundamental demands of due process of law in Exception: Unless the court or the House of
the administration of criminal justice. The Representatives or the Senate or any committee
generalized assertion of the privilege must yield of Congress finds that such revelation is
to the demonstrated need for evidence in a demanded by the security of the State. (R.A. No.
pending criminal trial. (U.S. vs. Nixon, 418 U.S. 53, as amended by R.A. 11458, Sec. 1)
683, 1974)
The State constitutional guarantee of a criminal
Presidential Communications Privilege defendant’s right to confront witnesses prevails
over the State statute granting privilege to
There is a Recognized Presumptive Presidential newspersons regarding their sources of
Communications Privilege - it was the President confidential information. (Farber v. Jascalevich,
herself, through Executive Secretary Ermita, who 394 A.2d 330, 1978)
invoked executive privilege on a specific matter
involving an executive agreement between the The Shield Law prevails over testimonial
Philippines and China, which was the subject of privileges of newsmen. They can be required to
the three questions. (Neri v. Senate Committee, appear and testify before state or federal grand
G.R. No. 180643, 2008) juries since the ends of criminal justice would be
defeated if judgments were to be founded on a
Elements of Presidential Communications partial or speculative presentation of the facts.
Privilege The very integrity of the judicial system and public
1. Must relate to a “quintessential and non- confidence in the system depend on full
delegable presidential power;” disclosure of all the facts, within the framework of
2. Must be authored or “solicited and received” the rules of evidence. The legislative intent in
by a close advisor of the President or the adopting this statute in its present form as
President himself; and seeking to protect the confidential sources of the
3. Privilege may be overcome by a showing of press as well as information so obtained by
adequate need such that the information reporters and other news media representatives
sought “likely contains important evidence” to the greatest extent permitted by the
and by the unavailability of the information Constitution (Matter of Farber, 394 A.2d 330,
elsewhere (Neri v. Senate Committee, G.R. 1978)
No. 180643, 2008)
Privileged Communication in Labor
Newsman’s Privilege Conciliation Proceedings
General Rule: Without prejudice to his liability Information and statements made at conciliation
under the civil and criminal laws, any publisher, proceedings shall be treated as privileged
owner, or duly recognized or accredited communication and shall not be used as
journalist, writer, reporter, contributor, opinion evidence in the Commission. Conciliators and
writer, editor, columnist, manager, media similar officials shall not testify in any court or
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body regarding any matters taken up at testify on matters that are part of the internal
conciliation proceedings conducted by them. deliberations and actions of the Court in the
(Labor Code, Art. 233) exercise of their adjudicatory functions and
duties, while testimony on matters external to
Secrecy of Bank Deposits their adjudicatory functions and duties may be
All deposits of whatever nature with banks or compelled by compulsory processes.
banking institutions in the Philippines including
investments in bonds issued by the Government To summarize these rules, the following are
of the Philippines, its political subdivisions and its privileged documents or communications, and
instrumentalities, are hereby considered as of an are not subject to disclosure:
absolutely confidential nature and may not be 1. Court actions such as the result of the raffle of
examined, inquired or looked into by any person, cases and the actions taken by the Court on
government official, bureau or office, except upon each case included in the agenda of the
written permission of the depositor, or in cases of Court's session on acts done material to
impeachment, or upon order of a competent court pending cases, except where a party litigant
in cases of bribery or dereliction of duty of public requests information on the result of the raffle
officials, or in cases where the money deposited of the case, pursuant to Rule 7, Section 3 of
or invested is the subject matter of the litigation. the Internal Rules of the Supreme Court;
(R.A. 1405, Sec. 2) 2. Court deliberations or the deliberations of the
Members in court sessions on cases and
Court-Annexed Mediation and Judicial matters pending before the Court;
Dispute Resolution 3. Court records which are "predecisional" and
"deliberative" in nature, in particular,
Any and all matters discussed, or documents and other communications which
communications made, including requests for are part of or related to the deliberative
mediation, and documents presented during process, i.e., notes, drafts, research papers,
CAM or JDR proceedings, shall be privileged and internal discussions, internal memoranda,
confidential. records of internal deliberations, and similar
papers.
If personal notes are taken for guidance, the 4. Confidential Information secured by justices,
notes shall be destroyed. Should such records judges, court officials and employees in the
exist, the same shall also be privileged and course of their official functions, mentioned in
confidential. (2) and (3) above, are privileged even after
their term of office.
All privileged and confidential information 5. Records of cases that are still pending for
obtained in CAM or JDR shall be inadmissible as decision are privileged materials that cannot
evidence for any purpose in any other be disclosed, except only for pleadings, orders
proceedings. and resolutions that have been made
available by the court to the general public.
However, evidence or information that is 6. The principle of comity or inter-departmental
otherwise admissible does not become courtesy demands that the highest officials of
inadmissible solely by reason of its use in CAM or each department be exempt from the
JDR (Guidelines for the Conduct of CAM and compulsory processes of the other
JDR in Civil Cases, A.M. No. 19-10-SC, Part D, departments.
Sec. 7). 7. These privileges belong to the Supreme Court
as an institution, not to any justice or judge in
Judicial Privilege his or her individual capacity. Since the Court
is higher than the individual justices or judges,
At the most basic level and subject to the principle no sitting or retired justice or judge, not even
of comity, Members of the Court, and Court the Chief Justice, may claim exception without
officials and employees may not be compelled to
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the consent of the Court. (In re: Production of 2. Filial Privilege: A child cannot be compelled
Court Records, 2012) to testify against his parents or other direct
ascendants
Witness Protection, Security and Benefit Act
All proceedings involving application for When the privilege does not apply
admission into the Program and the action taken
thereon shall be confidential in nature. No 1. Voluntary testimony; waiver
information or documents given or submitted in
support thereof shall be released except upon A person may voluntarily testify against his
written order of the Department of Justice or the parents, but if he refuses to do so, the rule
proper court. (R.A. 6981, Sec. 7) protects him from any compulsion.
Third Persons This rule is not strictly a rule on disqualification

The communication shall remain privileged, even because a descendant is not incompetent or
in the hands of a third person who may have disqualified to testify against an ascendant. The
obtained the information, provided that the rule refers to a privilege not to testify, which can
original parties to the communication took be invoked or waived like other privileges. Elven
reasonable precaution to protect its was not compelled to testify against his father; he
confidentiality (Rule 130, Sec. 24) chose to waive that filial privilege when he
voluntarily testified against Artemio. Elven
Note: Communication divulged to "strangers" or declared that he was testifying as a witness
outsiders can scarcely be considered a against his father of his own accord and only to
confidential communication between attorney tell the truth (People v. Invencion, G.R. No.
and client. (U.S. vs. Gordon-Nikkar, 518 F.2d 131636, 2003)
972, 1975)
2. Persons other than direct ascendants and
c. Parental and Filial Privilege descendants
No person shall be compelled to testify against The privilege under the provision mentioned
his or her parents, other direct ascendants, applies only to direct ascendants and
children and other direct descendants, except descendants, a family tie connected by a
when such testimony is indispensable in a crime common ancestry. A stepdaughter has no
against that person or by one parent against the common ancestry by her stepmother. (Lee v.
other (Rule 130, Sec. 25) Court of Appeals, G.R. No. 177861, 2010
Note: This provision was amended in 2019 to d. Trade Secrets

include the exception under Art. 215 of the Family
Code. A person cannot be compelled to testify about
any trade secret, unless non-disclosure will
Art. 215: conceal fraud or otherwise work injustice. When
No descendant shall be compelled, in a criminal disclosure is directed, the court shall take such
case, to testify against his parents and protective measure as the interest of the owner of
grandparents, except when such testimony is the trade secret and of the parties and the
indispensable in a crime against the descendant furtherance of justice may require (Rule 130, Sec.
or by one parent against the other. 26)
There are two privileges embodied in this rule: A trade secret is defined as a plan or process,
Parental privilege rule and Filial privilege rule tool, mechanism or compound known only to its
1. Parental Privilege: A parent cannot be owner and those of his employees to whom it is
compelled to testify against his child or direct necessary to confide it.
descendants
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The definition also extends to a secret formula or 3. Not to be examined except only as to matters
process not patented, but known only to certain pertinent to the issue;
individuals using it in compounding some article 4. Not to give an answer which will tend to
of trade having a commercial value subject him/her to a penalty for an offense
unless otherwise provided by law (Right
A trade secret may consist of any formula, against self-incrimination);
pattern, device, or compilation of information that: 5. Not to give an answer which will tend to
(1) is used in one's business; and (2) gives the degrade his/her reputation, unless it be the
employer an opportunity to obtain an advantage very fact at issue or to a fact from which the
over competitors who do not possess the fact in issue would be presumed. But a
information. (Air Philippines vs. Pennswell, Inc., witness must answer to the fact of his
G.R. No. 172835, 2007) previous final conviction for an offense. (Right
Against Self-Degradation) (Rule 132, Sec. 3)
The following are factors in determining if a piece
of information is a trade secret protected from Scope of Right Against Self-Incrimination
disclosure:
1. The extent to which the information is known The right against self-incrimination is granted only
outside of the employer’s business; in favor of individuals. Therefore, a corporation
2. The extent to which the information is known cannot invoke that privilege as the questioned
by employees and others involved in the testimony can come only from a corporate officer
business; or employee who has a personality distinct from
3. The extent of measures taken by the that of the corporation.
employer to guard the secrecy of the
information; The right covers only testimonial compulsion and
4. The value of the information to the employer production by him/her of incriminating
and to competitors; documents. It does not exclude the body when it
5. The amount of effort or money expended by can furnish relevant and competent evidence.
the company in developing the information;
and Right Against Self-incrimination of an
6. The extent to which the information could be Accused and of an Ordinary Witness
easily or readily obtained through an Distinguished
independent source. (Air Philippines vs. ACCUSED ORDINARY WITNESS
Pennswell, Inc., G.R. No. 172835, 2007)
He cannot be He may be compelled
3. EXAMINATION OF A WITNESS compelled to testify or to testify by subpoena,
produce evidence but he will have the
a. Rights and obligations of a witness even by subpoena or right to refuse to
other process or order answer an
Obligation of a witness
of the court. incriminating question
A witness must answer questions, although
at the time it is asked to
his/her answer may tend to establish a claim
him.
against him/her. (Rule 132, Sec. 3)
He can refuse outright He does not have a
Note: Refusal of a witness to answer is to take the stand as a right to disregard a
punishable by Contempt (Rule 71). witness subpoena, decline to
appear before the court
Rights of a Witness at the time appointed,
1. To be protected from irrelevant, improper, or or refuse to testify
insulting questions, and from harsh or altogether. The witness
insulting demeanor; receiving a subpoena
2. Not to be detained longer than the interests of must obey. It is only
justice require;
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when the incriminating witness protection program cannot refuse to

question is addressed testify or give evidence, produce books,
that he may refuse to documents, records, or writings necessary for the
answer. (Rosete v. prosecution of the offense or offenses for which
Lim, GR No. 136051, he has been admitted on the ground of the right
June 8, 2006) against self-incrimination. (R.A 6981, Sec. 14)
(Riano, Evidence, 363)
Invocation of the right The offense involved is
may be with reference one for which he may b. Order in the examination of an individual
to: be tried in another witness
the offense involved case. (Regalado,
in the same case Evidence, 842) The order in which an individual witness may be
wherein he is examined is as follows:
charged, or 1. Direct-examination by the proponent;
an offense for which 2. Cross-examination by the opponent;
he may be charged 3. Re-direct examination by the proponent;
and tried in another 4. Re-cross-examination by the opponent. (Rule
case (Regalado, 132, Sec. 4)
Evidence, 842)
DIRECT EXAMINATION
Immunity Statutes Is the examination-in-chief of a witness by the

“USE” IMMUNITY “TRANSACTIONAL” party presenting him on the facts relevant to the
IMMUNITY issue.
Prohibits the use of Grants immunity to Scope of Direct Examination: All facts relevant
the witness’s the witness from to the issue
compelled testimony prosecution for an
and its fruits in any offense to which his Purpose
manner in connection compelled testimony To elicit facts about the client’s cause of action or
with the criminal relates. This second defense. It is now subject to the Judicial Affidavit
prosecution of the immunity is broader. Rule, which took effect on January 1, 2013.
witness. (Riano, Evidence, 369) (But see Section 9 of the
JAR on application to criminal cases)
Immunity statutes may be generally classified into
two: one, which grants "use immunity"; and the CROSS EXAMINATION
other, which grants what is known as
"transactional immunity." The distinction between Cross examination is the questioning of a witness
the two is as follows: "Use immunity" prohibits at a trial or hearing by the party opposed to the
use of witness' compelled testimony and its fruits party who called the witness to testify (Black’s
in any manner in connection with the criminal Law Dictionary, 7th Ed. 433)
prosecution of the witness. On the other hand,
"transactional immunity" grants immunity to the Scope of Cross Examination
witness from prosecution for an offense to which 1. On any relevant matter, with sufficient fullness
his compelled testimony relates. (Galman v. and freedom to test the witness’s accuracy
Pamaran, 138 SCRA 294, G.R. Nos. L-71208-09 and truthfulness and freedom from interest or
and L-71212-13, 1985) bias, or the reverse
2. All important facts bearing upon the issue
Note:
Under R.A. 6981 (Witness Protection, Security Note: The 2019 amendment of 132, Sec. 6 now
and Benefit Act), a witness admitted into the expanded the coverage of cross-examination on
“any relevant matter”. However, Rule 115, Sec. 1
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(d) provides that the scope of the cross- the right to meet the witnesses face to face. (Phil.
examination of an accused shall only be on Const. art. III, § 14)
“matters covered by his/her direct examination”.
When Cross Examination Becomes a
In People v. Ayson, G.R. No. 85215, 1989, the Privilege
Supreme Court ruled that if an accused chooses
to testify, then he may be cross-examined as any When the cross-examination in chief is concluded
other witness. He may be cross-examined as to and the attendance of the witness is either
any matters stated in his direct examination, or dispensed with from the stand or the re-
connected therewith. examination, if any, has begun.
Although there is no definitive case on this matter The right of a party to confront and cross-examine
yet, one can cite the 2019 amendment of Rule opposing witnesses in a judicial litigation is a
132, Sec. 6 as basis to say that the accused who fundamental right which is part of due process.
testifies may indeed be cross-examined “on any Until such cross-examination has been finished,
relevant matter” because he “may be cross- the testimony of the witness cannot be
examined as any other witness.” considered as complete and may not be allowed
to form part of the evidence to be considered by
Purpose of Cross Examination the court in deciding the case. However, the right
1. To bring out facts favorable to the counsel’s to cross-examine is a personal one which may be
[cross-examiner’s] client not established by waived expressly or impliedly by conduct
direct testimony (Riano, Evidence, supra amounting to a renunciation of the said right. In
citing Jackson v Feather River Water Co., this case, the testimony of the last witness was
1859 14 C 18) never finished. However, the court permitted the
2. To enable counsel to impeach or to impair the testimony anyway because the petitioners’ failure
credibility of the witness. (Riano, Evidence, to cross-examine was due to its own repeated
supra citing Kelly v Bailey 1961 189 CA2d postponing of the cross-examination and failure
728, 11 CR 448) to appear at hearings. (De la Paz v. IAC, G.R. No.
71537, 1987)
Rules on Cross-Examination
The right is a personal one which may be waived
American Rule expressly or impliedly by conduct amounting to a
Cross-examination must be confined to matters renunciation of the right of cross-examination.
inquired about in the direct examination. Thus, where a party has had the opportunity to
cross-examine a witness but failed to avail
English Rule himself/herself of it, he/she necessarily forfeits
A witness may be cross-examined not only upon the right to cross-examine and the testimony
matters testified by him on his direct examination given on direct examination of the witness will be
but also on all matters relevant to the issue. We received or allowed to remain in the record.
follow the English Rule. (Fulgado v. CA, G.R. No. L-61570, 1990)
Note: Effects of death or absence of a witness

But, where the witness is an unwilling or hostile 1. Dies before his cross examination is over
witness so declared by the court or is an adverse If the witness dies before his cross-
party, the cross-examination shall only be on the examination is completed, his testimony on
subject matter of his examination-in-chief. (Rule the direct may be stricken out only with
132, Sec. 13) respect to the testimony not covered by the
cross-examination. The absence of the
Cross Examination is an Absolute Right witness is not enough to warrant striking out
Cross-examination is an absolute right. The his testimony for failure to appear for further
Constitution provides that the accused shall enjoy cross-examination where the witness has
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already been sufficiently cross-examined, and RECALLING WITNESS

the matter on which the cross-examination is
sought is not in controversy. (People v. After the examination of a witness by both sides
Señeris, G.R. No. L-48883, 1980) has been concluded, the witness cannot be
2. Witness not cross-examined. recalled without leave of the court.
If the witness was not cross-examined
because of causes attributable to the cross- The court will grant or withhold leave in its
examining party and the witness had always discretion, as the interests of justice may require.
made himself available for cross examination,
the direct testimony of witness shall remain in Purpose
the record and cannot be ordered stricken off For the witness to correct or explain his/her prior
because the cross examiner is deemed to testimony.
have waived the right to cross-examine
witness. (De la Paz v. IAC, G.R. No. 71537, Witnesses may also be recalled after they have
1987) left the stand to lay the proper foundation for
impeachment but this is within the discretion of
RE-DIRECT EXAMINATION the court.
It is the further examination by a party of his/her Section 9, Rule 132 of the Rules of Court
own witness after cross-examination. explicitly provides that the court may grant or
withhold leave to recall a witness, in its discretion,
Scope of Re-direct Examination as the interest of justice may require. The record
Matters dealt with during the cross-examination. is loaded with circumstances tending to show
Other matters may be allowed by the court in its insidious attempts to tamper with the witnesses
discretion. for the prosecution. It was the better part of
discretion and caution on the part of the trial court
Purpose to have denied as it did, the request of the
To allow the witness to explain or supplement his defense to recall Ceribo. (People v. Del Castillo,
answers given during the cross-examination. G.R. No. L-16941, 1968)
The counsel may elicit testimony to correct or
repeal any wrong impression or inferences that c. Leading and misleading questions
may have been created in the cross-examination.
It may also be an opportunity to rehabilitate a LEADING QUESTION
witness whose credibility has been damaged.
(Riano, Evidence, 370) It is a question which suggests to the witness the
answer which the examining party desires.
RE-CROSS EXAMINATION
It is not allowed, EXCEPT:
It is the examination of a witness (who has 1. On cross-examination;
finished his/her examination-in-chief, cross- 2. On preliminary matters;
examination, and re-direct examination) by the 3. When there is difficulty in getting direct and
counsel who cross-examined. intelligible answers from a witness who is
ignorant, or a child of tender years, or is of
Scope of Re-cross Examination feeble mind, or a deaf-mute;
Matters stated in the re-direct examination. 4. Of an unwilling or hostile witness; or
However, other matters may be allowed by the 5. Of a witness who is [i] an adverse party or [ii]
court in its discretion an officer, director, or managing agent of a
public or private corporation or of a
partnership or association which is an adverse
party. (Rule 132, Sec. 10)
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Generally, leading questions are not allowed in incorporates without any effort, by the simple
direct examination and should be confined to answer, “I did” or “I did not.” Thus, the question
cross-examination save for the exceptions may or may not be improper according to the
aforementioned. amount of palpably suggestive detail which it
embodies. (State v. Scott, 149 P.2d 152, 1944)
However, some leading questions were
warranted given the circumstances. A child of d. Impeachment of witness
tender years may be asked leading questions
under Section 10I, Rule 132 of the Rules of Court. To impeach a witness means to call into question
Section 20 of the 2000 Rule on Examination of a the veracity of the witness or by showing that the
Child Witness also provides that the court may witness is unworthy of belief.
allow leading questions in all stages of
examination of a child if the same will further the Destroying credibility is vital because it is linked
interests of justice. This rule was formulated to with a witness’s ability and willingness to tell the
allow children to give reliable and complete truth. (Riano, Evidence, 373)
evidence, minimize trauma to children,
encourage them to testify in legal proceedings i. Adverse party’s witness
and facilitate the ascertainment of truth. (People
v. Ilogon, G.R. No. 206294, 2016) The Adverse Party’s Witness May be
Impeached By:
MISLEADING QUESTION 1. Contradictory evidence;
2. Evidence that his or her general reputation for
It is one which assumes as true a fact [i] not yet truth, honesty, or integrity is bad
testified to by the witness, or [ii] contrary to that 3. Evidence that he/she has made at other times
which he or she has previously stated. It is not statements inconsistent with his/her present
allowed. (Rule 132, Sec. 10) testimony. (PRIOR INCONSISTENT
STATEMENTS)
Test Whether Question Leading or Misleading
General Rule: The adverse party’s witness
The test whether a question is leading or not is cannot be impeached by evidence of particular
the suggestiveness of its substance and not the wrongful acts.
form of the question. If the question suggests the
answer desired by putting words into the mouth For example, a lawyer for the other party cannot
of the witness, it is leading. ask a witness the following question on cross-
examination: “Isn’t it a fact that you shoplifted one
The principal test to a leading question is: Does it week ago?”
suggest the answer desired? In order to elicit the
facts, a trial lawyer may find it necessary to direct Exception: It may be shown by the examination
the attention of the witness to the specific matter of the witness or the record of the judgment that
concerning which his testimony is desired, and if the adverse party’s witness has been convicted
the question does not suggest the answer, it is of an offense.
not leading. Even though the question may call
for a “yes” or “no” answer, it is not leading for that
reason unless it is so worded that by permitting
the witness to answer the “yes” or “no,” he would
be testifying in the language of the interrogator
rather than his own. Nevertheless, such a
question may become leading, insofar as it
rehearses lengthy details, which the witness
might not otherwise have mentioned and thus
supplies him with full suggestions which he
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he saw a man with a 5’3 frame and oriental

CONTRADICTORY PRIOR features exit the burglarized store. Witness A
EVIDENCE INCONSISTENT would confirm this. The defense counsel would
STATEMENTS then bring up witness A’s statement to the police
that he could not provide the description of the
Contradictory Prior inconsistent man who came out because he was wearing a
evidence normally is statements are mask and was wearing dark sleeves shirt. The
sourced in a statements made by a witness then is faced to respond whether he
declaration made by witness on an earlier denies or admits the same. If he admits it, then
the witness in his occasion which he should explain, and if he denies, then the
direct testimony which contradict the defense counsel may simple bring in the police
does not correspond statements he later officer to whom witness A made his prior
to the real facts of the made during the trial inconsistent statement.
case (Riano, p. 260) (Riano, p. 262) Impeachment by bad reputation
…witnesses have
given conflicting When a witness testifies, he puts his credibility at
testimonies, which are issue because the weight of his testimony
inconsistent with their depends upon his credibility. One way to impair
present testimony and his credibility is by showing a not so pleasing
which would reputation.
accordingly cast a
doubt on their But not every aspect of a person’s reputation may
credibility. (Villalon v. be the subject of impeachment. Evidence of bad
IAC, G.R. No. 73751, reputation should only refer to the following
1986) specific aspects:
1. For truth
2. For honesty
Example of contradictory evidence v. prior 3. For integrity
inconsistent statements:
These are aspects of a person’s reputation that
Contradictory evidence are relevant to his credibility. He cannot be
impeached for his reputation on any other
grounds. (Riano, p. 267)
Witness A testifies on direct examination that he
was barely 5 meters away from where the
accused D shot victim V. The defense counsel Sec. 11 talks about a witness’s reputation and not
his character. A witness is not allowed to be
has reliable information that at the time the
shooting took place, witness A was standing as a impeached by evidence of bad character but by
witness in a wedding of his friend, witness B, in a bad reputation.
place a hundred miles away. When the defense
“Character” is made up of the things an individual
counsel asks witness A as to his direct testimony
of being within 5 meters away from the accused is and does
when the shooting happened, witness A would
say yes. The defense counsel would then call “Reputation” is what people think an individual is
witness B to provide information that witness A and what they say about him
was in his wedding at said time.
ii. By evidence of conviction of crime
Prior inconsistent statements
For the purpose of impeaching a witness,
In a robbery case, witness A stands in trial as the evidence that he or she has been convicted by
final judgement of a crime shall be admitted if:
prosecution witness. The defense counsel asks
him to confirm his direct examination stating that
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1. The crime was punishable by a penalty in But, where the witness is an unwilling or hostile
excess of 1 year; or witness so declared by the court or is an adverse
2. The crime involved moral turpitude, party witness, the cross-examination shall only be
regardless of the penalty on the subject matter of his examination-in-chief.
(Rule 132, Sec. 13)
However, evidence of a conviction is not
admissible if the conviction has been the subject iv. How the witness is impeached by evidence
of an amnesty or annulment of the conviction of inconsistent statements
(Rule 132, Sec. 12)
General Rule: A witness cannot be impeached
iii. Own witness by proof of inconsistent statements until the
proper foundation or predicate has been laid.
General Rule: A party producing a witness is not
allowed to impeach his/her own witness’s Exception: Failure to lay a proper foundation
credibility. may be waived by the failure of the adverse party
to object in proper form to the alleged inconsistent
Exceptions: statement.
1. If the witness has become an unwilling or
hostile witness. A Witness is Impeached by Prior Inconsistent
2. If the witness is [a] an adverse party or [b] an Statements by “Laying the Predicate”:
officer, director or managing agent of a public 1. By relating to him or her such statements with
or private corporation or of a partnership or the circumstances of the times and places
association which is an adverse party (Rule and the persons present.
132, Sec. 13) 2. By asking him or her whether he made such
3. If the witness is not voluntarily offered but is statements
required by law to be presented by the 3. By giving him or her a chance to explain the
proponent, as in the case of subscribing inconsistency.
witnesses to a will (Fernandez v. Tantoco, 4. If the statements be in writing, they must be
G.R. No. 25489, 1926) shown to the witness before any question is
put to him or her concerning them. (Rule 132,
A witness may be considered as unwilling or Sec. 14)
hostile only if so declared by the court upon
adequate showing of his or her adverse interest, Unless the witness is given the opportunity to
unjustified reluctance to testify or his or her explain the discrepancies, the impeachment is
having misled the party into calling him or her to incomplete. However, such defect can be waived
the witness stand. (Rule 132, Sec. 13) if no objection is raised when the document
involved is offered for admission. (Regalado,
A party can impeach his or her own witness Evidence, 852)
only by:
1. Evidence contradictory to witness’s testimony; The “Laying the Predicate” Rule Does NOT
or Apply:
2. Evidence of prior inconsistent statements of 1. If the prior inconsistent statement appears in
the witness. a deposition of the adverse party, and not a
mere witness, as such statements are in the
Note: The rule provides that the unwilling or nature of admissions of said adverse party.
hostile witness or adverse party may be (Regalado, Evidence, 852)
impeached in the same manner as if he or she 2. Where the previous statements of a witness
was an adverse party witness, except by are offered as evidence of an admission, and
evidence of his or her bad character. not merely to impeach him. (Regalado,
Evidence, 852 citing Juan Ysmael & Co., Inc,
v. Hashim, et. al., G.R. No. L-26247)
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e. Referral of witness to a memorandum ii. Meaning of “child witness”
A witness may be allowed to refresh his or her A “child witness” is any person who at the time
memory respecting a fact, by anything written or of giving testimony is below the age of eighteen
recorded by himself or herself, or under his or her (18) years.
direction at the time when the fact occurred, or
immediately thereafter, or at any time when the Note: In child abuse cases, a child includes one
fact was fresh in his or her memory and he or she over eighteen (18) years but is found by the
knew that the same was correctly written or court as unable to fully take care of himself or
recorded; but in such the case the writing or protect himself from abuse, neglect, cruelty,
record must be produced and may be inspected exploitation, or discrimination because of a
by the adverse party, who may, if he or she physical or mental disability or condition.
chooses, cross-examine the witness upon it, and
may read it in evidence. iii. Competency of a child witness
A witness may also testify from such writing or Every child is presumed qualified to be a witness
record, although he or she retains no recollection (Sec. 6, A.M. 004-07 SC). Thus the burden of
of the particular facts, if he or she is able to swear proof lies on the party challenging his
that the writing or record correctly stated the competence.
transaction when made; but such evidence must
be received with caution (Rule 132, Sec. 16) Youth and immaturity are badges of truth and
sincerity. (People v. Entrampas, G.R. No.
PRESENT 212161, 2017)
PAST RECOLLECTION
RECOLLECTION
RECORDED When the court finds that substantial doubt exists
REFRESHED
regarding the ability of the child to perceive,
Stimulus attempts to Where the witness cannot remember, communicate, distinguish truth from
revive current recall the incident but a falsehood, or appreciate the duty to tell the truth
memory — written record adopted by to the court, the court shall conduct a competency
document need not witness at the time is examination of the child. The court may do so
be admitted into admitted in place of motu proprio or on motion of the party (Riano,
evidence because witness’s testimony — the citing Sec. 6 of the Rule on Examination of a Child
the testimony is the document is the evidence Witness)
evidence itself
A party seeking a competency examination must
present proof of necessity of competency
f. Examination of a child witness examination. Proof of such necessity must be
grounded on reasons other than the age of the
i. Applicability of the rule child because such age, in itself, is not a sufficient
basis for a competency examination. (Riano,
Unless otherwise provided, this Rule shall govern citing Sec. 6[a] of the Rule on Examination of a
the examination of child witnesses who are Child Witness)
victims of crime, accused of a crime, and
witnesses to crime. The competency examination of a child witness is
not open to the public and only the following are
It shall apply in all criminal proceedings and allowed to attend a competency examination:
non-criminal proceedings involving child 1. The judge and necessary court personnel;
witnesses. (Sec. 1, A.M. 004-07 SC; the Rule on 2. The counsel for the parties;
Examination of a Child Witness) 3. The guardian ad litem;
4. One or more support persons for the child; and
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5. The defendant, unless the court determines The court may also, on motion of the accused,
that competence can be fully evaluated in his exclude the public from trial, except court
absence. (Sec. 6[c] of the Rule on personnel and the counsel of the parties. (Sec. 23
Examination of a Child Witness) of the Rule on Examination of a Child Witness)
The conduct of the examination of a child as to The court may also order that persons attending
his competence shall be conducted only by the the trial shall not enter or leave the courtroom
judge. Counsel for the parties may not do so during the testimony of the child (Sec. 24 of the
directly, but instead can submit questions to the Rule on Examination of a Child Witness)
judge that he may, in his discretion, ask the child
(Sec. 6[d] of the Rule on Examination of a Child When a child does not understand the English or
Witness) Filipino language or is unable to communicate in
said languages due to his developmental level,
The questions asked at the competency fear, shyness, disability, or other similar reason,
examination shall be appropriate to the age and an interpreter whom the child can understand and
developmental level of the child. The questions who understands the child may be appointed by
shall not be related to the issues at trial but shall the court, motu proprio or upon motion, to
focus on the ability of the child to remember, interpret for the child. Being another witness in
communicate, distinguish between truth and the same case or a member of the family of the
falsehood, and appreciate the duty to testify child is not in itself a disqualification. Such a
truthfully. (Sec. 6[e] of the Rule on Examination person may be an interpreter if he is the only one
of a Child Witness) who can serve as interpreter. If the interpreter
though is also a witness, he shall testify ahead of
iv. Examination of a child witness the child (Sec. 9 of the Rule on Examination of a
Child Witness)
The examination of a child witness presented in a
hearing or any proceeding shall be done in open If the court determines that the child is unable to
court. understand or respond to questions asked, the
court may, motu proprio or upon motion, appoint
Unless the witness is incapacitated to speak, or a facilitator. The facilitator may be a child
the question calls for a different mode of answer, psychologist, psychiatrist, social worker,
the answers of the witness shall be given orally. guidance counselor, teacher, religious leader,
(Sec. 8 of the Rule on Examination of a Child parent, or relative. If the court appoints a
Witness) facilitator, questions to the child are posed only
through the facilitator. (Sec. 10 of the Rule on
When a child testifies, the court may order the Examination of a Child Witness)
exclusion from the courtroom of all persons who
do not have a direct interest in the case, including A child testifying at a judicial proceeding or
members of the press. The order shall be made if making a deposition shall have the right to be
the court determines on the record that to testify accompanied by one or two persons of his own
in open court would cause psychological harm to choosing to provide him emotional support. Said
him, hinder the ascertainment of truth, or result in support persons shall remain within the view of
his inability to effectively communicate due to the child during his testimony. One of the support
embarrassment, fear, or timidity. persons may even accompany the child to the
witness stand and the court may also allow the
The court may, motu proprio, exclude the public support person to hold the hands of the child or
from the courtroom if the evidence to be produced to take other appropriate steps to provide
during trial is of such character as to be offensive emotional support to the child in the course of the
to decency or public morals. proceedings but the court shall instruct the
support person not to prompt, sway, or influence
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the child during his testimony. (Sec. 11(a) of the vi. Videotaped deposition of a child witness
Rule on Examination of a Child Witness)
The prosecutor, counsel, or guardian ad litem
The support person may be another witness but may apply for an order that a deposition be taken
the court may disapprove the choice if it is of the testimony of the child and that it be
sufficiently established that the attendance of the recorded and preserved on videotape
support person would pose a substantial risk of If the court finds that the child will not be able to
influencing or affecting the content of the testify in open court at trial, it shall issue an order
testimony of the child. If the support person is that the deposition of the child be taken and
also a witness, he shall testify ahead of the child preserved by videotape. The judge shall preside
(Sec. 11(b) and (c) of the Rule on Examination of at the videotaped deposition of a child. Objections
a Child Witness) to deposition testimony or evidence, or parts
thereof, and the grounds for the objection shall be
v. Live-link TV testimony of a child witness stated and shall be ruled upon at the time of the
taking of the deposition.
The prosecutor, counsel or the guardian ad litem
may apply for an order that the testimony of the The rights of the accused during trial, especially
child be taken in a room outside the courtroom the right to counsel and to confront and cross-
and be televised to the courtroom by live-link examine the child, shall not be violated during the
television. The application has to be made at deposition
least 5 days before trial date. (Sec. 25(a) of the
Rule on Examination of a Child Witness) The videotaped deposition shall be preserved
and stenographically recorded. The videotape
The court may order that the testimony of the and the stenographic notes shall be transmitted
child be taken by live-link television if there is a to the clerk of the court where the case is pending
substantial likelihood that the child would suffer for safekeeping and shall be made a part of the
trauma from testifying in the presence of the record. The videotaped deposition and
accused, his counsel or the prosecutor as the stenographic notes shall be subject to a
case may be. The trauma must be of a kind which protective order as provided in section 31(b).
would impair the completeness or truthfulness of
the testimony of the child (Sec. 25(f) of the Rule If, at the time of trial, the court finds that the child
on Examination of a Child Witness) is unable to testify for a reason stated in section
25(f) of this Rule, or is unavailable for any reason
If the child is testifying by live-link television and described in section 4(c), Rule 23 of the 1997
it is necessary to identify the accused at the trial, Rules of Civil Procedure, the court may admit into
the court may allow the child to enter the evidence the videotaped deposition of the child in
courtroom for the limited purpose of identifying lieu of his testimony at the trial. The court shall
the accused, or the court may allow the child to issue an order stating the reasons therefor. (Sec.
identify the accused by observing the image of 27 of the Rule on Examination of a Child Witness)
the latter on a television monitor. (Sec. 25(g)(3)
of the Rule on Examination of a Child Witness) vii. Hearsay exception in child abuse cases
The testimony of the child shall be preserved on A statement made by a child describing any act
videotape, digital disc, or other similar devices or attempted act of child abuse, not otherwise
which shall be made part of the court record and admissible under the hearsay rule, may be
shall be subject to a protective order as provided admitted in evidence in any criminal or non-
in section 31(b). (Sec. 25(h) of the Rule on criminal proceeding subject to the following rules:
Examination of a Child Witness) (a) Before such hearsay statement may be
admitted, its proponent shall make known to
the adverse party the intention to offer such
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statement and its particulars to provide him a viii. Sexual abuse shield rule
fair opportunity to object.
If the child is available, the court shall, upon General Rule: The following evidence is not
motion of the adverse party, require the child admissible in any criminal proceeding involving
to be present at the presentation of the alleged sexual child abuse:
hearsay statement for cross-examination by a. Evidence offered to prove that the alleged
the adverse party. victim engaged in other sexual behavior; and
When the child is unavailable, the fact of such b. Evidence offered to prove the sexual
circumstance must be proved by the predisposition of the alleged victim
proponent and his hearsay testimony shall be
admitted only if corroborated by other Exception: Evidence of specific instances of
admissible evidence. sexual behavior by the alleged victim to prove
(b) In ruling on the admissibility of such hearsay that a person, other than the accused, was the
statement, the court shall consider the time, source of the semen, injury, or other physical
content and circumstances thereof which evidence (This is admissible) (Sec. 30 of the Rule
provide sufficient indicia of reliability. Factors on Examination of a Child Witness)
to be considered:
a. Whether there is a motive to lie ix. Protective orders
b. The general character of the declarant
child Any videotape or audiotape of a child that is part
c. Whether more than one person heard the of the court record shall be under a protective
statement order that provides as follows:
d. Whether the statement was spontaneous (a) Tapes may be viewed only by parties, their
e. The timing of the statement and the counsel, their expert witness, and the
relationship between the declarant child guardian ad litem. None of these people may
and witness divulge the tapes or any portion thereof to any
f. Cross-examination could not show the lack other person, except as necessary for the trial
of knowledge of the declarant child nor shall they be given, loaned, sold or shown
g. The possibility of faulty recollection of the to any other person except by order of the
declarant child is remote court
h. The circumstances surrounding the (b) No person shall be granted access to the tape,
statement are such that there is no reason its transcription or any part thereof unless he
to suppose the declarant child signs a written affirmation that he has received
misrepresented the involvement of the and read a copy of the protective order; that
accused he submits to the jurisdiction of the court with
(c) The child witness shall be considered respect to the protective order; and that in
unavailable under the following situations: case of violation thereof, he will be subject to
a. Is deceased, suffers from physical the contempt power of the court.
infirmity, lack of memory, mental illness, or (c) Within thirty (30) days from receipt, all copies
will be exposed to severe psychological of the tape and any transcripts thereof shall be
injury; or returned to the clerk of court for safekeeping
b. Is absent from the hearing and the unless the period is extended by the court on
proponent of his statement has been motion of a party.
unable to procure his attendance by (d) This protective order shall remain in full force
process or other reasonable means (Sec. and effect until further order of the court.
28 of the Rule on Examination of a Child (e) Each of the tape cassettes and transcripts
Witness) thereof made available to the parties, their
counsel, and respective agents shall bear a
cautionary notice stating the provisions of this
section.
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Whoever publishes or causes to be published in ADMISSION

any format the name, address, telephone
number, school, or other identifying information of Refers to a voluntary acknowledgement, in
a child who is or is alleged to be a victim or express terms or by implication, by a party in
accused of a crime or a witness thereof, or an interest or by another by whose statement he is
immediate family of the child shall be liable to the legally bound, against his interest, of the
contempt power of the court. existence or truth of a fact in dispute material to
the issue. In other words, it is an
Where a youthful offender has been charged acknowledgement of fact/s opposite to the fact/s
before any city or provincial prosecutor or before raised or positions taken in court.
any municipal judge and the charges have been
ordered dropped, all the records of the case shall When is an admission admissible? It must:
be considered as privileged and may not be 1. Involve matters of fact, and not of law;
disclosed directly or indirectly to anyone for any 2. Be categorical and definite;
purpose whatsoever. If he is charged and 3. Be knowingly and voluntarily made; and
acquitted or the case is dismissed, the records 4. Be adverse to the admitter’s interests
are also privileged.
Otherwise: it would be self-serving and
The youthful offender concerned shall not be held inadmissible
under any provision of law to be guilty of perjury
or of concealment or misrepresentation by reason Two Types of Admissions:
of his failure to acknowledge the case or recite 1. JUDICIAL ADMISSION - one made in a
any fact related thereto in response to any inquiry judicial proceeding under consideration.
made to him for any purpose. (Sec. 31 of the Rule 2. EXTRAJUDICIAL ADMISSION - one made
on Examination of a Child Witness) out of court or in a judicial proceeding other
than the one under consideration.
4. ADMISSIONS AND CONFESSIONS JUDICIAL EXTRAJUDICIAL
ADMISSION ADMISSION
a. Admission by a party
Rule 129, Sec. 4 Rule 130, Sec. 27
Rule on Admissions by a party
Made in course of the
The act, declaration, or omission of a party as to Out-of-court
proceedings in the
a relevant fact may be given in evidence against declaration
same case
him. (Rule 130, Sec. 27)
Does not require
Requires proof; must
Example: After a murder, accused goes to his proof; deemed
be formally offered in
neighbor and tells her, “Nakapatay ako”. His automatically part of
evidence
neighbor can testify on this fact in a murder case the record
against the accused. The admission may be
given in evidence against the accused. Conclusive upon the
admitter
The admissions of the president of a company as
to its indebtedness are binding on the company BUT may be
contradicted by
under the rule that admissions of liability by a
showing that: Rebuttable
party may be given against it. (Keller & Co. v. a. It was made
COB, G.R. No. L-68097, 1986) through palpable
mistake
Reason b. The imputed
Based on presumption that no man would declare admission was
anything against himself unless such not, in fact, made
declarations were true.
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Admissible, even if it Admissible, only if it is Reason for exclusion of self-serving

is a self-serving not a self-serving declarations
declaration declaration 1. The inherent untrustworthiness of the
declarations.
2. Allowance would open the door to fraud and
Two (2) Ways to Introduce an Admission as fabrication of testimony.
Evidence: 3. If testified by one other than the defendant,
1. As INDEPENDENT EVIDENCE such declarations would be hearsay.
2. As IMPEACHING EVIDENCE
b. Res inter alios acta rule
SELF-SERVING DECLARATIONS
This rule refers to the maxim, “res inter alios acta
Unsworn statements made by the declarant out alteri nocere non debet,” which means, “A thing
of court and which are favorable to his interests. done among some persons ought not to do harm
But if the declarant takes the stand to testify and to another.” (Regalado, 2008 ed.)
be cross-examined, then it is not self-serving.
Reason for Res Inter Alios Acta rule
Example: Accused tells neighbor that: The reason for the rule is that, on a principle of
“Nakapatay yung barkada namin pero wala good faith and mutual convenience, a man’s own
akong kinalaman.” Later on, accused cannot acts are binding upon himself, and are evidence
have his neighbor testify in court and say that against him. It would not only be inconvenient,
Accused went to him and said that he had nothing but also manifestly unjust, that a man should be
to do with the killing. Accused’s statement to the bound by the acts of mere unauthorized
neighbor is self-serving because it was given out strangers; and that if a party ought not to be
of court and it served his interest. bound by the acts of strangers, neither ought their
Accused may, however, take the stand and acts or conduct be used as evidence against him.
explain why he has nothing to do with the killing. (People v. Raquel, G.R. No. 119005, 1996)
General Rule: Self-serving declarations are not Two branches of the res inter alios acta rule
admissible. 1. The rights of a party cannot be prejudiced by
an act, declaration, or omission of another
Exceptions: (Rule 130, Sec. 29)
1. Diaries, if it is against interest, or if it is in the 2. Similar Acts Rule: Evidence of one’s previous
nature of books of accounts. Letters prepared conduct or similar acts at one time is not
not in anticipation of litigation are not admissible to prove that he did or did not do
considered self-serving declarations. the same or a similar act at another time (Rule
2. Part of the res gestae, which covers 130, Sec. 35)
spontaneous statements and verbal acts.
3. When in the form of complaint and This rule only applies to extrajudicial declarations
exclamations of pain and suffering. (People v. Raquel, G.R. No. 119006, 2006)
4. When part of a confession offered by the
prosecution. (such as those favorable to the Exceptions to the res inter alios acta rule (1st
accused, e.g., I shot him because he was Branch):
going to stab me.) 1. Admission by a Co-Partner or Agent (Rule
5. When the credibility of a party has been 130, Sec. 30);
assailed on the ground that his testimony is a 2. Admission by a Co-Conspirator (Rule 130,
recent fabrication. Sec. 31);
6. When offered by the opponent. 3. Admission by Privies (Rule 130, Sec. 32);
7. When offered without objection or there is 4. Admission by Silence (Rule 130, Sec. 33; see
waiver. Tan Siok Kuan v. Returta, G.R. No. 175085,
2016, J. Perez); and
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5. Interlocking Confessions (People v. Muit, G.R.

No. 181043, 2008) Example: After a murder, Accused goes to his
neighbor and tells her, “Napatay namin ni Jose si
In a case, petitioners failed to establish that the Juan”. His neighbor can testify on this fact in a
defendants’ alleged implied admission of a murder case against Accused; the declaration
lessor-lessee relationship falls under the may be given in evidence as an admission only
exceptions to the principle of res inter alios acta against Accused. It is not admissible against
as to make such admission binding upon Jose.
respondents. Although defendants and
respondents were all defendants in the HOWEVER: If the Accused testifies and explains
complaints for unlawful detainer filed by the participation of Jose, then the testimony is
petitioners, it is very clear that defendants and admissible against Jose.
respondents espoused different defenses.
NOTE: Sec. 28 [now Sec. 29], Rule 130 refers to
Contrary to defendants’ position, respondents, as the first branch of the res inter alios acta rule. The
early as the filing of their response to petitioners' second branch can be found in Sec. 35, Rule
demand letter, firmly and consistently denied the 130—similar acts as evidence. (Regalado 2008
existence of any lease contract between them ed., 758)
and petitioners over the subject land. (Tan Siok
Kuan v. Returta, G.R. No. 175085, 2016) d. Admission by a co-partner or agent
Additional Exception The act or declaration of a partner or agent of

Statements made by an employee against his the party may be given in evidence against his
employer are admissible against the latter, where co-partner or agent provided that the
the statements while in employ and where they following requisites are present:
concerned a matter within the scope of his 1. That the partnership or agency be previously
employment. (Mahlandt v. Wild Canid Survival & proven by evidence other than the admission
Research Center, 588 F.2d 626, 8th Cir. 1978) itself.
2. The act or declaration refers to a matter
Inadmissibility of Extrajudicial Declaration of within the scope of his authority or the partner
Accused or agent was authorized by the party to make
a statement concerning the subject
As a general rule, the extrajudicial declaration of 3. The act or declaration was made during the
an accused, although deliberately made, is not existence of the partnership or agency. (Rule
admissible and does not have probative value 130, Sec. 30)
against his co-accused. It is merely hearsay
evidence as far as the other accused are Reason
concerned. (People v. Alegre, G.R. No. L-30423, Identity of interests between the co-partners or
1979) agents.
The rights of an accused cannot be prejudiced by Proving the Partnership, Agency, or Joint
Ownership
the extra-judicial declarations of another person.
(People v. Raquel, G.R. No. 119006, 1996) 1. Entries in the partnership books made by one
partner during the continuance of the
c. Admission by a third party partnership;
2. By the separate admissions of all who are
Rule on Admissions by a third party (Res Inter sued;
Alios Acta) 3. By the acts, declarations, or conduct of the
parties; or
The rights of a party cannot be prejudiced by an 4. The act of one and the declarations or
act, declaration, or omission of another, except as conduct of the others
hereinafter provided. (Rule 130, Sec. 29)
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The same rule applies to the act or declaration against the person who made it. (People v. Yatco,
of a joint owner, joint debtor, or other person G.R. No. L-9181, 1955)
jointly interested with the party.
1. There exists a joint interest between the joint In the absence of any other evidence to prove the
owner, joint debtor, or other person jointly existence of an alleged conspiracy, extra-judicial
interested with the party; statements and admissions of an individual
2. The existence of the joint interest must first cannot be taken as evidence against an alleged
be made to appear by evidence other than co-conspirator. An extrajudicial statement made
the act or declaration itself; by a co-accused is, by itself, insufficient to convict
3. The act or declaration was made while the an accused of a crime charged because said
interest was subsisting; and statement is inadmissible since they were made
4. The act relates to the subject matter of the not during the existence of the conspiracy but
joint interest (Rule 130, Sec. 30) after the said conspiracy had already ceased and
when the co-accused was already in the custody
e. Admission by a conspirator of the police. (People vs. Cabrera, G.R. No. L-
37398, 1974)
The act or declaration of a conspirator may be
given in evidence against the co-conspirator
The admissibility of a confession by one accused
provided the following requisites are present:
against the other in the same case, must relate to
1. That the conspiracy be first proved by statements made by one conspirator during the
evidence other than the act or declaration pendency of the unlawful enterprise (or during its
itself. existence) and in furtherance of its objects, and
2. That the act or declaration was in furtherance not to a confession made, as in this case, long
of the conspiracy. after the conspiracy had been brought to an end.
3. That the act or declaration was made during (People v. Chaw Yaw Shun, G.R. No. L-19590,
the existence of the conspiracy. (Rule 130, 1968)
Sec. 31)
The testimony of a witness must be considered
In the example above, the utterance of the and calibrated in its entirety and not by truncated
Accused that “Napatay namin ni Jose si Juan” portions thereof or isolated passages therein. It is
was made after the conspiracy. Hence, the out perfectly reasonable to believe the testimony of a
of court statement to the neighbor is not binding witness with respect to some facts and disbelieve
on Jose. However, as stated, if the Accused it with respect to other facts, as there is hardly a
testifies and points to Jose as responsible for the witness who can perfectly remember the details
death of Juan, his testimony would be admissible of a crime. (People v. Bulan, G.R. No. 143404,
against Jose. 2005)
Reason f. Admission by privies

Identity of interests for the commission of a crime.
Privies
Scope Denotes not only the idea of succession in right
of heirship or testamentary legacy but also
This rule applies only to extrajudicial acts or succession by virtue of acts inter vivos as by
declaration but NOT to testimony at the trial assignment, subrogation or purchase – in fact
where the defendant has the opportunity to cross- any act whereby the successor is substituted in
examine the declarant. (People v. Janjalani, G.R. the place of the predecessor in interest. The
No. 188314, 2011) purchaser at an execution sale is a privy of the
execution debtor. (Alpuerto v. Pastor, G.R. No. L-
If the declaration is made after the act designed 12794, 1918)
is fully accomplished and after the object of the
conspiracy has been either attained or finally General Rule: In order for an admission of a
defeated, the declaration will be admissible only former owner of property to be admissible against
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his successor in title, it must have been made at interested, and calling, naturally, for an
the time when the title was still held by the answer;
declarant. (Rule 130, Sec. 33) 4. The facts were within his knowledge; and
5. The fact admitted or the inference to be
Exception: The declaration made subsequent to drawn from his silence would be material to
the transfer of the property shall be admissible: the issue. (People v. Paragsa, G.R. No. L-
1. Where the declaration was made in the 44060, 1978)
presence of the transferee and he acquiesces
in the statements or asserts no rights where Silence of an Accused Under Custodial
he ought to speak. (Rule 130, Sec. 33) Investigation
2. Where the evidence establishes a continuing The silence of an accused under custody, or his
conspiracy to defraud which conspiracy exists failure to deny statements by another implicating
between the vendor and the vendee. (Rule him in a crime, especially when such accused is
130, Sec. 31) not asked to comment or reply to such
implications or accusations, cannot be
The act of a predecessor is not binding on the considered as a tacit confession of his
successor if the acts/declarations made by the participation in the commission of the crime.
predecessor acknowledging ownership or (People v. Alegre, G.R. No. L-30423, 1979)
offering to purchase the property from a third
party were made before the predecessor held title h. Confessions
to the land. (City of Manila v. Del Rosario, G.R.
No. 1284, 1905) Confession
A categorical acknowledgment of guilt made by
g. Admission by silence an accused in a criminal case, without any
exculpatory statement or explanation. (Regalado
An act or declaration made in the presence and 2008 ed.)
within the hearing or observation of a party who
does or says nothing when the act or declaration A confession is an acknowledgement in express
is such as naturally to call for action or comment terms, by a party in a criminal case, of his guilt of
if not true, and when proper and possible for him the crime charged, while an admission is a
to do so, may be given in evidence against him or statement by the accused, direct or implied, of
her. (Rule 130, Sec. 33) facts pertinent to the issue and tending, in
connection with proof of other facts, to prove his
Reason guilt. (People v. Maqueda, G.R. No. 112983,
Based on common experience and natural 1995)
human behavior. ADMISSION CONFESSION
A statement of fact Involves an
Applicability to Criminal Cases which does not acknowledgement of
The rule allowing silence of a person to be taken involve an guilt or liability
as an implied admission of the truth of the acknowledgement of
statements uttered in his presence is applicable guilt or liability
in criminal cases. (People v. Paragsa, G.R. No. May be express or Must be express
L-44060, 1978) tacit
May be made by third Can be made only by
But Before the Silence of a Party can be Taken persons and, in the party himself and,
as an Admission of What is Said, it Must certain cases, are in some instances,
Appear that: admissible against a are admissible
1. He heard and understood the statement; party (see Rule 130, against his co-
2. He was at liberty to interpose a denial; Sec. 40, on accused (e.g.,
3. The statement was in respect to some matter declarations against interlocking
affecting his rights or in which he was then interest) confessions)
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Admissibility of Extra-judicial Confessions

In a confession, there is an acknowledgment of To be admissible, it is necessary that:
guilt. On the other hand, the term admission is 1. The confession must involve an express and
usually applied in criminal cases to statements of categorical acknowledgement of guilt.
fact by the accused which do not directly involve 2. The facts admitted must be constitutive of a
an acknowledgment of his guilt or of the criminal criminal offense.
intent to commit the offense charged. The rights 3. The confession must have been given
of an accused are not confined to the period prior voluntarily.
to the filing of an information but are available at 4. The confession must have been intelligently
that stage when a person is under investigation made, the accused realizing the importance
for the commission of an offense. or legal significance of his act.
5. There must have been no violation of Section
These rights are available to a person at any time 12, Art. III of the 1987 Constitution.
before arraignment whenever he is investigated
for the commission of an offense. (People v. Any extrajudicial confession made by a person
Maqueda, G.R. No. 112983, 1995) arrested, detained, or under custodial
investigation shall be in writing, and signed by
A Confession May be such person in the presence of his counsel or in
1. Judicial Confession: the latter’s absence, upon a valid waiver, and in
One made before a court in which the case is the presence of any of the parents, older brothers
pending and in the course of legal and sisters, his spouse, the municipal mayor, the
proceedings therein and, by itself, can sustain municipal judge, district school supervisor, or
a conviction in capital offenses. priests or minister of the gospel as chose by him;
This is admissible against the declarant’s co- otherwise, such extrajudicial confession shall be
accused since the latter are afforded the inadmissible as evidence in any proceeding. (Bar
opportunity to cross-examine. 2006; 2008)
2. Extra-Judicial Confession:
One made in any other place or occasion and A confession made before the confessant is
cannot sustain a conviction unless placed under custodial investigation need not
corroborated by evidence of the corpus delicti. comply with the above. (Riano, 2016 ed.)
May be given in evidence against the The silence of an accused under custody, or his
confessant but not against his co-accused as failure to deny statements by another implicating
they are deprived of the opportunity to cross- him in a crime, especially when such accused is
examine him. (Riano 2016 ed.) neither asked to comment nor reply to such
implications or accusations, cannot be
Note: The important thing is the affected party considered as a tacit confession of his
(i.e., co-accused) was given the opportunity to participation in the commission of the crime.
cross-examine. It is irrelevant whether such party Such an inference of acquiescence drawn from
actually cross-examined the confessant. his silence or failure to deny the statement would
appear incompatible with the right of an accused
Where an extrajudicial admission or confession is against self-incrimination. xxx While an accused
repeated during trial and the other accused is is in custody, his silence may not be taken in
accorded the opportunity to cross-examine the evidence against him as he has a right to remain
admitter, such admission or confession is silent. His silence when in custody may not be
transposed into a judicial admission or used as evidence against him, otherwise, his right
confession. (People v. Buntag, G.R. No. 123070, of silence would be illusory. (People v. Alegre,
2004) G.R. No. L-30423, 1979)
Admissions obtained during custodial

interrogations without the benefit of counsel
although later reduced to writing and signed in the
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presence of counsel are flawed under the After accused-appellant was arrested, he stated
Constitution and as such cannot be admitted in that five police officers at the police station beat
Court. (People v. Compil, G.R. No. 95028, 1995) him up. They asked him to undress, forced him to
lie down on a bench, sat on his stomach, placed
Any confession, including a re-enactment without a handkerchief over his face, and poured water
admonition of the right to silence and to counsel, and beer over his face. When he could no longer
and without counsel chosen by the accused is bear the pain, he admitted the crime charged,
inadmissible in evidence. (People v. Yip Wai participated in a re-enactment, and signed an
Ming, G.R. No. 120959, 1996) extrajudicial statement. He was not informed of
his right to remain silent nor did he have counsel
General Rule: The extrajudicial confession of an of his choice to assist him in confessing the crime.
accused is binding only upon himself and is not This was contrary to the constitution (People v.
admissible against his co-accused. Yip Wai Ming, G.R. No. 120959, 1996).
Exceptions:
1. If the co-accused impliedly acquiesced in or The fact that all accused are foreign nationals
adopted the confession by not questioning its does not preclude application of the “exclusionary
truthfulness, as where it was made in his rule” because the constitutional guarantees
presence and he did not remonstrate against embodied in the Bill of Rights are given and
his being implicated by it; extend to all persons, both aliens and citizens.
2. If the co-accused persons voluntarily and The accused cannot be made to affix their
independently executed identical signatures on evidence without complying with
confessions without conclusions; the Bill of Rights. By affixing their signatures on
Confessions corroborated by other evidence the evidence, the accused are in effect made to
and without contradiction by the co-accused tacitly admit the crime charged for, in this case,
who was present (INTERLOCKING mere possession of prohibited drugs is a crime.
CONFESSIONS) These signatures amount to uncounseled extra-
judicial confession prohibited by the Bill of Rights
The rule that an extrajudicial statement is and are therefore inadmissible as evidence.
evidence only against the person making it, also (People v. Wong Chuen Ming, G.R. Nos. 112801-
recognizes various exceptions. One such 11 1996)
exception worth noting is the rule that where
several extrajudicial statements had been (i) Confrontation Clause and Confessions
made by several persons charged with an offense
and (ii) there could have been no collusion with The Confrontation Clause does not bar admission
reference to said several confessions, (iii) the into evidence of every relevant extrajudicial
facts that the statements are in all material statement by a non-testifying declarant simply
respects identical, is confirmatory of the because it in some way incriminates the
confession of the co-defendants and is defendant. And an instruction directing the jury to
admissible against other persons implicated consider a co-defendant's extrajudicial statement
therein. only against its source is generally sufficient to
avoid offending the implicated defendant's
They are also admissible as circumstantial confrontation right. The court may admit into
evidence against the person implicated therein to evidence interlocking confessions of co-
show the probability of the latter’s actual defendants/accused even without giving the
participation in the commission of the crime and accused an opportunity to cross-examine his co-
may likewise serve as corroborative evidence if it defendant. The rule however is different when a
is clear from other facts and circumstances that co-defendant does not confess. In such cases,
other persons had participated in the perpetration the co-defendant must be given an opportunity to
of the crime charged and proved. (People v. cross-examine the confessant if and when such
Lising, G.R. Nos. 106210-11, 1998). person takes the witness stand. (Parker v.
Randolph, 442 U.S. 62, 1979)
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i. Similar acts as evidence

Admissions made before the Mayor & Station
Commander during a conference that defendants General Rule: Evidence that one did or did not
were responsible for killing the victims is an do a certain thing at one time is not admissible
admission. Also a judicial admission by one to prove that he did or did not do the same or
accused is admissible against his co-accused, similar thing at another time. (Rule 130, Sec. 35)
unlike in an extrajudicial confession, where its Exceptions: Similar acts may be received as
admissible only against the one making it. evidence to prove. SIPPS-HCU
(People v. Encipido, G.R. No. 70091, 1986) 1. A specific intent or knowledge
2. Identity
A videotaped interview showing the accused 3. Plan
unburdening his guilt, willingly, openly and 4. System
publicly in the presence of newsmen does not 5. Scheme
form part of custodial investigation if it was not 6. Habit
given to police officers but media men in an 7. Custom
attempt to elicit sympathy and forgiveness from 8. usage; and
the public. However, it is prudent that the trial 9. The like.
courts are reminded that extreme caution must be
taken in further admitting confessions of such The prosecution may, however, introduce the
nature. (People v. Endino, G.R. No. 133026, robbery in January to prove the robbery in June
2001) to establish a modus operandi: that in both
robberies, the robbers used explosives to gain
A confession to a radio reporter is admissible entry into the bank, that the robbers threw tear
where it was not shown that said reporter was gas while wearing gas masks; and that the
acting for the police or that the interview was robbers struck at the close of bank hours.
conducted under circumstances where it is
apparent that the suspect confessed to the killing NOTE:
out of fear. (People v. Coyos, G.R. No. 138403, Rule 130, Sec. 35 is the second branch of the res
2001) inter alios acta rule and applies to both civil and
criminal cases.
An uncounseled confession or admission given
by the accused to a private individual is not Burden of proof
covered by Sec. 12, Art. III of the Constitution The offering party must allege and prove specific,
where there is no showing that said private repetitive conduct that might constitute evidence
individual was acting under police authority. of habit. The examples offered in evidence to
(People v. Mayo, G.R. No. 170470, 2006) prove habit, or pattern of evidence must be
numerous enough to base on inference of
An uncounseled extrajudicial confession taken by systematic conduct. Mere similarity of contracts
a “bantay bayan,” who is charged with the state does not present the kind of sufficiently similar
related function of peace-keeping, is inadmissible circumstances to outweigh the danger of
in evidence. (People v. Lauga, G.R. No. 186228, prejudice and confusion. (Boston Bank v. Manalo,
2010) G.R. No. 158149, 2006)
Any confession, including a re-enactment without The general rule is that evidence of other
admonition of the right to silence and to counsel, offenses committed by the defendant is
and without counsel chosen by the accused is inadmissible. However, such evidence may be
inadmissible. (People v. Duero, G.R. No. L- admitted where its purpose is to ascertain the
52016, 1981) knowledge and intent of the defendant to fix his
negligence. Evidence which tends to explain or
establish conduct of the accused or defendant is
admissible unless it has no legitimate bearing on
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the issue (irrelevant) or where it is merely only to the amount paid (El Varadero de Manila v.
calculated to prejudice the accused. (US v. Insular Lumber, G.R. No. 21911, September 15,
Pineda, G.R. No. L-12858, 1918) 1924).
While evidence of another crime is generally not Rule on Compromise Negotiations:

admissible in another prosecution, it is admissible Neither is evidence of conduct nor statements
when it is otherwise relevant, as where it tends to made in compromise negotiations admissible
identify the defendant as the perpetrator of the Exception:
robbery charged, or tends to show his presence 1. Evidence otherwise discoverable;
at the scene or in the vicinity of the crime at the 2. Offered for another purpose, such as proving
time charged or when it is evidence of a bias or prejudice of a witness, negativing a
circumstance connected with the crime. (People contention of undue delay or proving an effort
v. Irang, G.R. No. L-45179, 1937) to obstruct a criminal investigation or
prosecution. (Rule 130, sec. 28)
Similar Acts Rule in Special Laws
1. Rape Shield (SEC. 6, R.A. No. 8505): 2. CRIMINAL CASES:
In prosecutions for rape, evidence of the
complainant’s past sexual conduct, opinion General Rule: an offer of compromise by the
thereof, or of his/her reputation shall not be accused may be received in evidence as an
admitted: implied admission of guilt.
Exception: Unless, and only to the extent that Exceptions:
the court finds, that such evidence is relevant 1. Plea of guilty later withdrawn;
and material to the case. 2. Tax cases – payment of any internal
revenue tax may be compromised, and all
2. Rule on Examination of Child Witnesses criminal violations may likewise be
(Sec. 30) compromised (Sec. 204, NIRC)
The following evidence is not admissible in EXC: Those already filed in court & those
any criminal proceeding involving alleged involving fraud
sexual child abuse: 3. Offer to pay or the payment of medical,
a. Evidence offered to prove that the alleged hospital, or other expenses occasioned by
victim engaged in other sexual behavior; an injury
and 4. Those involving quasi-offenses or criminal
b. Evidence offered to prove the sexual negligence;
predisposition of the alleged victim 5. An unaccepted offer of plea of guilty to a
Exception: Evidence of specific instances of lesser offense;
sexual behavior by the alleged victim to prove 6. Those covered by Katarungang
that a person, other than the accused, was the Pambarangay Law;
source of the semen, injury, or other physical 7. B.P. 22 cases
evidence. (This is admissible.) 8. Any statement made in the course of plea
bargaining with the prosecution, which
j. Admissibility of offers or compromise does not result in a plea of guilty or which
results in a plea of guilty later withdrawn
RULE ON COMPROMISES
The following are NOT admissible in evidence
1. CIVIL CASES against the accused who made the plea or
offer:
General Rule: An offer of compromise is not an 1. A plea of guilty later withdrawn, or
admission of any liability and is NOT admissible 2. An unaccepted offer of a plea of guilty to
in evidence against the offeror. lesser offense
Exception: When such offer is clearly not only to 3. Any statement made in the course of plea
buy peace but amounts to an admission of bargaining with the prosecution, which does
liability, the offered compromise being directed
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not result in a plea of guilty or which results in

a plea of guilty later withdrawn An offer of compromise does not require that a
criminal complaint be first filed before the offer
Rule on Offer of Payment of Expenses can be received in evidence against the offeror.
occasioned by injury (Good Samaritan What is required is that after committing the
Doctrine) crime, the accused or his representative makes
an offer to compromise and such offer is proved.
An offer to pay or the payment of medical, (People v. Yparraguirre, G.R. No. 117702, 1997)
hospital or other expenses occasioned by an
injury is not admissible in evidence as proof of 5. HEARSAY RULE
civil or criminal liability for the injury.
a. Meaning of hearsay
The offer of compromise which naturally, under
Statement other than one made by the declarant
the general rules of evidence, must be excluded,
while testifying at a trial or hearing, offered to
except that as the amounts named in the offers to
prove the truth of the facts asserted therein.
accept certain sums in settlement appear to have
been arrived at as a fair estimate of value, they
A statement is:
are relevant. (El Veradero v. Insular, G.R. No.
1. An oral or written assertion or
21911, 1924)
2. A non-verbal conduct of a person, if it is
intended by him or her as an assertion
The accused is permitted to show that the offer
was not made under the consciousness of guilt
Hearsay evidence is inadmissible except as
but merely to avoid the inconvenience of
otherwise provided in these Rules.
imprisonment or for some other reason which
would justify a claim by the accused that the offer
A statement is not hearsay if the declarant
to compromise was not in truth and admission of
testifies at the trial or hearing and is subject to
guilt, or an attempt to avoid the legal
cross-examination concerning the statement, and
consequences which would ordinarily ensue
the statement is:
therefrom. (People v. Godoy, G.R. No. 115908-
(a) Inconsistent with the declarant’s
09, 1995)
testimony and was given under oath
subject to the penalty of perjury at a trial,
The weight of authority sustains the rule which
hearing or other proceeding, or in a
admits evidence of offers to compromise, in
deposition
criminal cases, but permits the accused to show
(b) Consistent with the declarant’s testimony
that such offer was not made under a
and is offered to rebut an express or
consciousness of guilt, but merely to avoid the
implied charge against the declarant of
inconvenience of imprisonment or for some other
recent fabrication or improper influence or
reason which would justify a claim by the accused
motive; or
that the offer to compromise was not in truth an
(c) One of identification of a person made
admission of his guilt and an attempt to avoid the
after perceiving him or her (Rule 130, Sec.
legal consequences which would originally ensue
37)
therefrom. (US v. Maqui, G.R. No. L-8931, 1914)
Any evidence is hearsay if its probative value is
A plea for forgiveness may be considered as
not based on the personal knowledge of the
analogous to an attempt to compromise. In
witness, but on the knowledge of some other
criminal cases, except those involving quasi-
person not on the witness stand. (Regalado 2008
offenses or those allowed by law to be
ed.)
compromised, an offer of compromise by the
accused may be received in evidence as an
The personal knowledge of a witness is a
implied admission of guilt. (People v. De
substantive prerequisite for accepting testimonial
Guzman, G.R. No. 117217, 1996)
evidence that establishes the truth of a disputed
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fact. The rule excluding hearsay as evidence is is without opportunity to test the credibility of
based upon serious concerns about the hearsay statements by observing the demeanor
trustworthiness and reliability of hearsay of the person who made them. (People of the
evidence due to its not being given under oath or Philippines v. Victor P. Padit, G.R. No. 202978,
solemn affirmation and due to its not being 2016)
subjected to cross-examination by the opposing
counsel to test the perception, memory, veracity Failure to object to hearsay evidence
and articulateness of the out-of-court declarant or Consequently, if a party does not object to the
actor upon whose reliability the worth of the out- hearsay evidence, the same is admissible, as a
of-court statement depends. (Patula v. People, party can waive his right to cross-examine.
G.R. No. 164457, 11 April 2012) However, it has also been held that hearsay
evidence not objected to may be admissible but,
The term “hearsay” as used in the law on whether objected to or not, has no probative
evidence, signifies evidence which is not founded value and, as opposed to direct primary evidence,
upon the personal knowledge of the witness from the latter always prevails. (Regalado 2008 ed.
whom it is elicited and which consequently does citing People v. Ola, G.R. No. L-47147, 1987)
not depend wholly for its credibility and weight
upon the confidence which the court may have in Hearsay Statements may be the basis of
him; its value, if any, is measured by the credit to Probable Cause
be given to some third person not sworn as a Probable cause can be established with hearsay
witness to that fact, and consequently, not subject evidence, as long as there is substantial basis for
to cross-examination. If one therefore testifies to crediting the hearsay. Hearsay evidence is
facts which he learned from a third person not admissible in determining probable cause in a
sworn as a witness to those facts, his testimony preliminary investigation because such
is inadmissible as hearsay evidence. investigation is merely preliminary and does not
finally adjudicate rights and obligations of parties.
Elements of Hearsay (Estrada v. Ombudsman, G.R. No. 212140-41,
1. There must be an out-of-court statement, 2015)
whether oral or written, or a conduct intended
as an assertion, and Hearsay Statements may be considered in an
2. The statement made out of court is repeated Amparo Proceeding
and offered by the witness to prove the truth Though hearsay evidence is generally
of the matters asserted in the statement. considered inadmissible under the rules of
evidence, such may be considered in a writ of
Form of Hearsay Evidence amparo proceeding if required by the unique
It may be verbal, in writing or even non-verbal circumstances of the case. It is the totality of the
conduct. obtaining situation that must be taken into
consideration to determine if a petitioner is
b. Reason for exclusion of hearsay entitled to a writ of amparo .Clearly, and based on
evidence the totality of obtaining circumstances, X and her
children were the subject of surveillance because
Hearsay evidence is excluded because the party of their relationship with a suspected member of
against whom it is presented is deprived of his the NPA, creating a real threat to their life, liberty,
right and opportunity to cross-examine the or security. (Sanchez v. Darroca, G.R. No.
persons to whom the statements or writings are 242257, 2019)
attributed. (Regalado 2008 ed.)
The reason for the exclusion of hearsay evidence

is that the party against whom the hearsay
testimony is presented is deprived of the right or
opportunity to cross-examine the person to whom
the statements are attributed. Moreover, the court
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c. Exceptions to the hearsay rule

But death need not follow soon; statements made
i. Dying declarations during a 7-day interval between stabbing and the
victim’s death were held to be a dying declaration
Dying Declaration (People v. Rarugal, G.R. No. 188603, 2013).
The declaration of a dying person, made under
the consciousness of an impending death, may It is the belief in impending death and not the
be received in any case wherein his or her death rapid succession of death in point of fact that
is the subject of inquiry, as evidence of the cause renders the dying declaration admissible (People
and surrounding circumstances of such death. v. Bautista, G.R. No. 11148, 1997)
(Rule 130, Sec. 38)
The fact that death did not ensue until three days
A statement made by a dying person referring to after the declaration was made will not alter its
the material facts which concern the cause and probative force since it is not indispensable that a
circumstances of his death and which is uttered declarant expires immediately thereafter. It is the
under a fixed belief that death is impending and belief in impending death and not the rapid
is certain to follow immediately, or in a very short succession of death, in point of fact, that renders
time, without an opportunity of retraction and in the dying declaration admissible. (People v.
the absence of all hopes of recovery. Sabio, G.R. No. L-26193, 1981)
Elements: Dying declarations are Admissible in Both

1. Declaration concerns the cause and the Civil and Criminal Cases
surrounding circumstances of declarant's The former rule was that dying declarations were
death; admissible only in criminal prosecutions for
2. Made when death appears to be imminent and homicide, murder, or parricide wherein the
the declarant is under a consciousness of declarant is the victim. As amended, the rule now
impending death; provides for such admissibility in any case as
3. The statement was made declarant would have long as requisites concur. (Regalado 2008 ed.)
been competent to testify had he or she
survived; Purposes for Admitting Dying Declaration:
4. Dying declaration is offered in a case in which 1. To identify the accused or
the subject of inquiry involves the declarant's 2. To show the cause of death or
death (People vs. Bautista, G.R. No. 117685, 3. To show the circumstances under which the
1999) assault was made upon him.
Note: A dying declaration is NOT considered The declaration of the deceased is not admissible
confidential communication between spouses as an ante mortem declaration since the
(U.S. v. Antipolo, G.R. No. L-13109, 1918). deceased was in doubt as to whether he would
die or not. The declaration fails to show that the
Examples: deceased believed himself in extremis, "at the
‘Tabangi ko Pre, gipusil ko ni kapitan,’ meaning point of death when every hope of recovery is
‘Help me, Pre, I was shot by the captain.’ –> dying extinct, which is the sole basis for admitting this
declaration (Marturillas v. People, G.R. No. kind of declarations as an exception to the
163217, 2006). hearsay rule." It may be admitted, however, as
part of the res gestae since the statement was
Intervening Time is Immaterial made immediately after the incident and the
deceased had no sufficient time to concoct a
There must be a settled, hopeless expectation charge against the accused. (People v. Laquinon,
that death is at hand. It is sufficient that the G.R. No. L-45470, 1985)
declarant believed himself to be in imminent
danger of death at the time of such declaration.
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Dying declarations may be used to corroborate The former Dead Man’s rule prohibited the
the testimony of a witness. (People v. Brioso, survivor from testifying against the deceased
G.R. No. L-28482, 1971) or person of unsound mind; the Dead Man’s
Statute put the two parties on equal footing:
Thus, while a dying declaration may be Where death has sealed the lips of the dead, the
admissible in evidence, it must identify with law seals the lips of the living.
certainty the assailant. Otherwise, it loses its
significance. (People v. Ador, G.R. Nos. 140538- BUT now, a party, a party’s assignor or a person
39, 2004) in whose behalf a case is being prosecuted in an
action demanding or claiming against the
ii. Statement of decedent or person of executor, administrator or other representative of
unsound mind the deceased or the person of unsound mind, can
In an action: now TESTIFY on a matter of fact occurring before
a. Against an executor or administrator or the death of the deceased or before the person
other representative of a deceased person became of unsound mind.
or
b. Against a person of unsound mind To minimize however the danger of injustice to
the decedent’s estate or person of unsound mind,
Upon a claim or demand against the estate the (otherwise hearsay) statement of the
of such deceased person or against such deceased or person of unsound mind may be
person of unsound mind, admitted, so long as the statement was made
Where a: upon the personal knowledge of the deceased or
Party or person of unsound mind, at the time when the
Assignor of a party or matter had been recently perceived by him or her
A person in whose behalf a case is and while his or her recollection was clear, and
prosecuted there are no circumstances indicating its lack of
TESTIFIES on a matter of fact occurring trustworthiness.
before the death of the deceased or before
the person became of unsound mind, iii. Declaration against interest
Any statement of the deceased or the person
of unsound mind, may be received in The declaration made by a person deceased, or
evidence if: unable to testify, against the interest of the
The statement was made upon the declarant, if the fact asserted in the declaration
personal knowledge of the deceased or was at the time it was made so far contrary to
person of unsound mind declarant’s own interest, that a reasonable
At a time when the matter had been person in his or her position would not have made
recently perceived by him or her and the declaration unless he or she believed it to be
While his or her recollection was clear. true, may be received in evidence against himself
or herself or his or her successors in interest and
Such statement, however may be inadmissible if against third persons.
made under circumstances indicating its lack of
TRUSTWORTHINESS (Rule 130, Sec. 39) A statement tending to expose the declarant to
criminal liability and offered to exculpate the
Note: The previous version of this provision was accused is not admissible unless corroborating
the former Rule 130, Sec. 23 on disqualifications circumstances clearly indicate trustworthiness of
by reason of death or insanity of adverse party the statement (Rule 130, Sec. 40)
(Dead man’s rule)
Note: The second sentence of this rule is an
The former Dead Man’s rule has now been addition to the old rule concerning declarations
superseded. against interest
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Consider this factual scenario: the alleged Declarations Against Interest and Admissions
declarant Zoilo Fuentes Jr., a cousin of accused- Distinguished
appellant Alejandro Fuentes Jr., supposedly DECLARATIONS ADMISSIONS
verbally admitted to the latter, and later to their AGAINST
common uncle Felicisimo Fuentes, that he (Zoilo) INTEREST
killed the victim because of a grudge, after which Exception to the Admissions of a party
he disappeared. One striking feature that hearsay rule; are NOT covered by
militates against the acceptance of such a admissible the Hearsay Rule
statement is its patent untrustworthiness. (see Estrada v.
Zoilo who is related to accused-appellant had Desierto)
every motive to prevaricate. The same can be Secondary evidence; Primary evidence;
said of accused-appellant and his uncle admissible only if the admissible even if the
Felicisimo (Fuentes v. CA, G.R. No. 111692, declarant is dead or declarant is available
1996) unable to testify as a witness
The fact asserted in A party’s admission
Requisites for declarations against interest: the declaration must need not have been
1. Declarant must not be available to testify due have been at the time made against his
to death, mental incapacity, or physical it was made so far interest at the time it
incompetence, or his being outside the contrary to the was made.
territorial jurisdiction of the country if exact declarant’s own
whereabouts are unknown. interest that a
2. The declaration must concern a fact reasonable man in his
cognizable by the declarant. position would not
3. The circumstances must render it improbable have made that
that a motive to falsify existed. (Fuentes vs. declaration unless he
CA, G.R. No. 111692, 1996) believed it to be true
NOT necessary that The declarant or
Scope the person declarant someone identified in
The declaration against interest includes all kinds be a party to the interest is a party to
of interests such as pecuniary, proprietary, or action; it is admissible the action
penal interests. in an action where his
declaration is relevant
Kinds of Declarations against Interests: May be admitted Used only against the
1. Declaration against Pecuniary Interests - against himself or his party admitting and
those which may bar in whole or in part the successor-in-interest those identified with
declarant’s interests or which may give rise to and against 3rd him in legal interest
a monetary claim against him. persons
2. Declaration against Proprietary Interests - The declarant must An admission is made
those which are at variance with the be first accounted for by the party himself,
declarant’s property interests as dead, absent from primary evidence and
3. Declaration against Penal Interests - those the jurisdiction, or competent though he
which put the declarant at the risk of otherwise unavailable is present in court and
prosecution. as a witness ready to testify
Declarations against May be made at any
interests must have time, before or during
been made ante litem the trial
motam (before the
controversy)
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Declaration Against Interest and Self-serving rationalization can offset it. (Heirs of Miguel
Declaration Distinguished Franco v. CA, G.R. No. 123924, 2003)
DECLARATION SELF-SERVING
AGAINST DECLARATION iv. Act or declaration about pedigree
INTEREST
Admissible in Not admissible in Pedigree
evidence evidence as proof of History of family descent which is transmitted
notwithstanding its the facts asserted from one generation to another by both oral and
hearsay character since its introduction written declarations and traditions.
in evidence would
open the door to fraud The word “pedigree” includes relationship, family
and perjury genealogy, birth, marriage, death, the dates when
and the places where these facts occurred, and
The testimony of the accused that he was married the names of the relatives. It embraces also facts
to the deceased was an admission against his of family history intimately connected with
penal interest. It was a confirmation of the maxim pedigree. (Rule 130, Sec. 41)
semper praesumitur matrimonio and the
presumption “that a man and woman deporting Reasons for Admissibility
themselves as husband and wife have entered Declarations in regard to pedigree, although
into a lawful contract of marriage.” He and the hearsay, are admitted on the principle that they
deceased had five children. He alluded in his are natural expressions of persons who must
testimony to his father-in-law. That implies that know the truth. Pedigree testimony is admitted
the deceased was his lawful wife. The fact that he because it is the best that the nature of the case
bitterly resented her infidelity, her failure to visit admits and because greater evil might arise from
him in prison and her neglect of their children are the rejection of such proof than from its
other circumstances confirmatory of their marital admission. (People v. Alegado, G.R. No. 93030-
status. (People v. Majuri, G.R. No. L-38833, 31, 1991)
1980)
Requisites:
But more importantly, the far weightier reason 1. The actor/declarant is dead or unable to
why the admission against penal interest cannot testify;
be accepted in the instant case is that the 2. The actor/declarant must be a relative by
declarant is not “unable to testify.” There is no birth, adoption, marriage or, in the absence
showing that the declarant is either dead, thereof, the actor/declarant was so intimately
mentally incapacitated or physically incompetent associated with the family of another person
which Sec. 38 [now Sec. 40] obviously (whose pedigree is in question) as to be likely
contemplates. His mere absence from the to have accurate information concerning the
jurisdiction does not make him ipso facto latter’s pedigree;
unavailable under this rule. (Fuentes vs. CA, G.R. 3. The act or declaration must have been made
No. 111692, 1996) before the controversy occurred; and
4. The relationship between the actor/declarant
A statement of fact in a verified petition and an and the person whose pedigree is in question
accompanying silence about any contrary fact must be shown by evidence other than such
may be appreciated in more than one context—a act or declaration.
declaration against interest and a judicial
admission combined. A declaration against
interest is the best evidence which affords the
greatest certainty of the facts in dispute. A judicial
admission binds the person who makes the
same, and absent any showing that this was
made thru palpable mistake, no amount of
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Rule on Proving Evidence of Relationship for Requisites:

Establishing Pedigree 1. There is controversy in respect to the
pedigree of any member of a family;
General Rule: Where the party claiming seeks 2. The reputation or tradition of the pedigree of
recovery against a relative common to both the person concerned existed previous to the
claimant and declarant, but not from the declarant controversy; and
himself or the declarant's estate: 3. The witness testifying to the reputation or
tradition regarding the pedigree of the person
The relationship of the declarant to the common concerned must be a member of the family of
relative may not be proved by the declaration said person either by consanguinity, affinity
itself. There must be some independent proof of or adoption.
this fact.
Scope of enumeration
Exception: [Where the party seeks] to reach the
estate of the declarant himself and not merely to The scope of the enumeration contained in the
establish a right through his declarations to the second portion of this provision is limited to
property of some other family member: objects which are commonly known as family
possessions, or those articles which represent, in
The declaration itself will suffice. (Tison v. CA, effect, a family’s joint statement of its belief as to
G.R. No 121027, 1997) the pedigree of a person. These are objects
openly exhibited and well known to the family; or
In a marriage nullity case, the lack of personal those which, if preserved in a family, may be
interview of the respondent does not render regarded as giving a family tradition. Other
hearsay the psychological report (Camacho- examples are: inscriptions on tombstones,
Reyes v. Reyes, G.R. No. 185286, 2010). monuments or coffin plates (Jison v. CA, G.R. No.
124853, 1998)
v. Family reputation or tradition regarding
pedigree The law does not require that the entries in the
said booklet be made at the same time as the
The reputation or tradition existing in a family occurrence of those events; hence, the written
previous to the controversy, in respect to the memorandum in the same is not subject to the
pedigree of any one of its members, may be defect attributed to it. The witness Joaquin Jose
received in evidence if the witness testifying de Inchausti declared affirmatively that the
thereon be also a member of the family, either by memorandum under consideration has been
consanguinity, affinity or adoption. Entries in written in the handwriting of his brother Ramon
family bibles or other family books or charts, Martinez de Viademonte, whose handwriting he
engraving on rings, family portraits and the like, was familiar with, and the testimony of this
may be received as evidence of pedigree. (Rule, witness contains some reference to a member of
130 Sec. 42) the family, now dead, and concerning the family
genealogy of the same. (Ferrer v. de Inchausti,
By family reputation or tradition regarding G.R. No. L-12993, 1918)
pedigree is meant such declarations and
statements as have come down from generation A person’s testimony as to his age is admissible
to generation from deceased relatives in such a although hearsay and though a person can have
way that even though it cannot be said or no personal knowledge of the date of his birth as
determined which of the deceased relatives all the knowledge a person has of his age is
originally made them, yet it appears that such acquired from what he is told by his parents, he
declarations and statements were made as family may testify as to his age as he had learned it from
history, ante litem motam, by a deceased person his parents and relatives. His testimony in such
connected by blood, marriage or adoption with case is an assertion of family tradition. (People v.
the person whose pedigree is to be established. Alegado, G.R. No. 93030-31, 1991)
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Distinguish Section 41 v. Section 42 What may be Established by Common

SECTION 41 SECTION 42 Reputation:
1. Boundaries of or customs affecting lands in
Family reputation or the community
Act or declaration
tradition regarding 2. Reputation as to events of general history
about pedigree
pedigree important to the community
The witness testifies 3. Reputation respecting marriage
as to the reputation or 4. Reputation respecting moral character
Actor/Declarant is tradition regarding
deceased or unable pedigree within the Requisites for Admissibility of Common
to testify family (the Reputation as to events of general history
actors/declarants may important to the community:
be dead or alive). 1. The facts must be of public or general
Witness need not be interest;
Witness is a member
a member of the 2. The reputation must have been formed
of the family
family among a class of persons who were in a
The witness himself is position to have some sources of information
Relation of the
the one to whom the and to contribute intelligently to the formation
actor/declarant and
fact relates; it is not of the opinion; and
the person subject of
necessary for him to 3. The reputation must have been existing
the inquiry must be
establish by previous to the controversy.
established by
independent evidence
independent
his relationship to his Requisites for Admissibility of Common
evidence
family Reputation Respecting Marriage:
1. The common reputation must have been
vi. Common reputation formed previous to the controversy; and
Common reputation existing previous to the 2. The reputation must have been formed
controversy, as to boundaries of or customs among a class of persons who were in a
affecting lands in the community and reputation position to have some sources of information
as to the events of general history important to and to contribute intelligently to the formation
the community, or respecting marriage or moral of the opinion.
character, may be given in evidence. Monuments
and inscriptions in public places may be received Requisites for Admissibility of Common
as evidence of common reputation (Rule 130, Reputation Respecting Moral Character:
Sec. 43) 1. That it is the reputation in the place where the
person in question is best known; and
Testimony does not constitute common 2. That it was formed previous to the
reputation unless such is equivalent to universal controversy. (People v. Alegado, G.R. No.
reputation. (City of Manila v. Del Rosario, G.R. 93030-31, 1991)
No. 1284, 1905)
Reputation and Character Distinguished
Common reputation is the definite opinion of the
community in which the fact to be proved is Character
known or exists. It means the general or Refers to the inherent qualities of a person. It
substantially undivided reputation, as means that which a person really is.
distinguished from a partial or qualified one,
although it need not be unanimous. (Regalado, Reputation
2008 ed.) Applies to the opinion which others may have
formed and expressed of his character. It means
that which a person is reputed to be.
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Under this section, the character of a person is on the ground. C shouted, “Please don't kill
permitted to be established by his common me.” A’s testimony regarding the statement
reputation. (Regalado, 2008 ed.) made by C may be deemed part of the res
gestae.
The character of a certain place as an “opium 2. Verbal Acts
joint” can be established by proof of facts and Utterances which accompany some equivocal
circumstances including evidence of its common act or conduct to which the utterances give a
reputation in the community (U.S. v. Choa Chiok, legal effect.
G.R. No. 12423, 1917) A verbal act presupposes conduct that is
equivocal or ambiguous, one which, in itself,
vii. Part of the res gestae does not signify anything when taken
separately. It only acquires a meaning,
Statements made by a person while a startling specifically what the rules call a legal
occurrence is taking place or immediately prior or significance, only because of the statements
subsequent thereto, under the stress of that accompany the act. (Riano, 2019 ed.)
excitement caused by the occurrence with Example: A gives B, a public officer, P1
respect to the circumstances thereof, may be Million. As he gives the money to B, A says
given in evidence as part of the res gestae. So, that the P1 Million is the loan he is extending
also, statements accompanying an equivocal act to B. In a case for corruption of public officer,
material to the issue, and giving it a legal A’s statement can be given as part of the res
significance, may be received as part of the res gestae.
gestae (Rule 130, Sec. 44)
Rationale
Res Gestae is from the Latin phrase meaning Statements made instinctively at the time of some
“things done”. startling event or incident without the opportunity
for formulation of statements favorable to one’s
Res gestae, as an exception to the hearsay rule, own cause cast important light upon the matter in
refers to those exclamations and statements issue and are presumed truthful. This is the first
made by either the participants, victims, or type of res gestae statement. The event is
spectators to a crime immediately before, during, “speaking through” the witness and not the
or after the commission of the crime, when the witness talking about the event.
circumstances are such that the statements were Spontaneous Statements v. Verbal Acts
made as a spontaneous reaction or utterance SPONTANEOUS
VERBAL ACTS
inspired by the excitement of the occasion and STATEMENTS
there was no opportunity for the declarant to
deliberate and to fabricate a false statement. Res gestae is the Res gestae is the
(DBP Pool of Accredited Insurance Companies v. startling occurrence equivocal act
Radio Mindanao Network, Inc., G.R. No. 147039 Statement must be
Statement may be
January 27, 2006) contemporaneous
made prior, or
with or must
immediately after, the
There are two types of res gestae utterances: accompany the
startling occurrence
equivocal act
1. Spontaneous Statements
Statements made by a person while a startling Requisites for Admissibility of Spontaneous
occurrence is taking place or immediately Statements:
prior or subsequent thereto with respect to the 1. There must be a startling occurrence;
circumstances thereof. The spontaneous or 2. The statement must be made before the
excited utterance is part of the “things done”, declarant had the time to contrive or devise a
the startling occurrence. falsehood; and
Example: A heard a gunshot and saw B 3. The statement must concern the occurrence
holding a gun pointed at C who was slumped in question and its immediate attending
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circumstances. (People v. Estibal, G.R. No. statement (Regalado, awareness of

208749, 2014) 2008 ed.) impending death
(Regalado, 2008 ed.)
It is important to stress that the statement must It may precede, Confined to matters
not only be spontaneous. It must also be made accompany or follow surrounding or
at a time when there was no opportunity for the the events occurring occurring after the
person to concoct or develop his own story. as a part of the homicidal act (People
(People v. Lungayan, G.R. No. L-64556, 1988) principal act (People v. Peralta, G.R. No.
v. Peralta, G.R. No. 94570, 1994)
Not every statement made under the startling 94570, 1994)
event is admissible even if it be spontaneous. The
only spontaneous statement made under the Although a declaration does not appear to have
stress of excitement of the startling event that been made by the declarant under the
qualifies for admissibility is one that relates to the expectation of a sure and impending death, and,
circumstances of the event. The statement must for that reason, is not admissible as a dying
describe the event perceived. (Riano, 2019 ed.) declaration yet if such declaration was made at
the time of, or immediately after, the commission
Requisites for Admissibility of Verbal Acts of the crime, or at a time when the exciting
1. Act or occurrence characterized must be influence of the startling occurrence still
equivocal; continued in the declarant’s mind, it is admissible
2. Verbal acts must characterize or explain the as a part of the res gestae. The victim’s statement
equivocal act; was given sometime after the stabbing while he
3. Equivocal act must be relevant to the issue; was undergoing treatment at a medical clinic. He
and had no time to concoct a falsehood or to fabricate
4. Verbal acts must be contemporaneous with a malicious charge against Putian. No motive has
equivocal act (Talidano v. Falcom Maritime & been shown as to why he would frame up the
Allied Services, G.R. No. 172031, 2008) accused. (People v. Putian, G.R. No. L-33049,
1976)
Res Gestae and Dying Declaration
Distinguished (People v. Peralta, G.R. No. The interval of time between the startling
94570, 1994) occurrence and the statement depends upon the
RES GESTAE DYING circumstances; but such statement must have
DECLARATION been made while the declarant was under the
It is the event itself A sense of impending immediate influence of the startling occurrence,
which is speaking death takes the place hence it is generally required to have been made
through the witness of an oath and the law immediately prior or subsequent to the event.
(People v. Peralta, regards the declarant (Regalado, 2008 ed.)
G.R. No. 94570, as testifying (People
1994) v. Peralta, G.R. No. If the statement was made under the influence of
94570, 1994) a startling event and the declarant did not have
A statement as part of Made only by the the opportunity to concoct or contrive a story,
the res gestae may be victim (Regalado, even if made 9 hours after the killing, the
that of the killer 2008 ed.) statement is admissible as part of res gestae.
himself during or after (Regalado citing People v. Berame, G.R. L-
the killing or that of a 27606, 1976)
third person
(Regalado, 2008 ed.) The statements taken cannot be considered as
The rule of res gestae The trustworthiness part of res gestae when the bystanders already
has its justification in of a dying declaration had enough time and opportunity to mill around,
the spontaneity of the is based upon its talk to one another and exchange information, not
being given under the to mention theories and speculations, as is the
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usual experience in disquieting situations where ix. Entries in official records

hysteria is likely to take place. It cannot therefore
be ascertained whether the utterances were the Entries in official records made in the
products of truth. That the utterances may be performance of his or her duty by a public officer
mere idle talk is not remote. At best, the of the Philippines, or by a person in the
testimonies of the investigators that the performance of a duty specially enjoined by law,
statements were made may be considered as are prima facie evidence of the facts therein
independently relevant statements gathered in stated. (Rule 130 Sec. 46)
the course of their investigation and are
admissible not as to the veracity thereof but to the Requisites:
fact that they had been thus uttered. (DBP Pool 1. That the entry was made by:
of Accredited Insurance Companies v. Radio a. A public officer, or
Mindanao Network, Inc., G.R. No. 147039 2006) b. Another person, specially enjoined by law
to do so;
viii. Records of regularly conducted business 2. That it was made by the public officer in the
activity performance of his or her duties, or by such
other person in the performance of a duty
A memorandum, report, record or data specially enjoined by law; and
compilation of acts, events, conditions, opinions 3. That the public officer or other person had
or diagnoses, made by writing, typing, electronic, sufficient knowledge of the facts stated by
optical or other similar means at or near the time him or her, which must have been acquired
of or from transmission or supply of information - by him or her personally or through official
a) By a person with knowledge thereof and information. (Africa v. Caltex, G.R. No. L-
b) Kept in the regular course or conduct of a 12986, 1966)
business activity and
c) Such was the regular practice to make the Proof of Unavailability of Entrant
memorandum, report, record or data Unnecessary
compilation by electronic, optical or similar
means It is not necessary to show that the person
d) All of which are shown by the testimony of the making the entry is unavailable for he is excused
custodian or other qualified witnesses, from appearing in court in order that public
- is excepted from the rule of hearsay evidence business be not interrupted.
(Rule 130, Sec. 45)
The written entries in the clinical case record,
Note: showing the date of her admission in the hospital
on April 22, 1973, her complaint of vaginal
There are two persons covered by this exception, bleeding and the diagnosis of "Healing lacerated
the entrant and the witness. wide at 2 o'clock and 10 o'clock hymen" are prima
facie evidence of the facts therein stated, the said
The entrant himself or herself is not required to entries having been made in official records by a
be dead or unable to testify (which was the public officer of the Philippines in the
requirement under the old version of the rule). performance of his duty especially enjoined by
law, which is that of a physician in a government
The testimony of the custodian or the other hospital. (People v. Leones, G.R. No. L-48727,
qualified witnesses should be able to prove the 1982)
other requisites under this exception.
It remains only to note that entries in a police
The counterpart provision in the Rules on blotter, though regularly done in the course of
Electronic Evidence is Rule 8. performance of official duty, are not conclusive
proof of the truth of such entries. (People v.
Cabuang, G.R. No. 103292, 1993)
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4. Business directories
In a homicide case, one of the issues was
determining which of the two medical certificates NOTE: A preliminary foundation must first be laid
issued by two different doctors, one of whom was for such evidence showing that such publications
a government physician, should be given have been regularly prepared by a person in
credence. The Court ruled that the medical touch with the market and that they are generally
certificate issued by the government doctor regarded as trustworthy and relied upon.
should be given more weight. By actual practice,
only government physicians, by virtue of their Mere price quotations are not commercial lists.
oaths as civil service officials, are competent to They are issued personally to the claimant, who
examine persons and issue medical certificates requested for them from dealers of equipment
which will be used by the government. As such, similar to the ones lost at the collision of the two
the medical certificate carries the presumption of vessels. These are not published in any list,
regularity in the performance of his functions and register, periodical or other compilation on the
duties. Moreover, under Section 44 [now Section relevant subject matter. Neither are these market
46], Rule 130, entries in official records made in reports or quotations within the purview of
the performance of official duty are prima facie commercial lists as these are not standard
evidence of the facts therein stated. An unverified handbooks or periodicals, containing data of
medical certificate not issued by a government everyday professional need and relied upon in
physician is unreliable. (Tarapen v. People, G.R. the work of the occupation. (PNOC Shipping v.
No. 173824, 2008) CA, G.R. No. 107518, 1998)
x. Commercial lists and the like A mere newspaper account with nobody testifying
as to its accuracy, and which was not even a
Evidence of statements of matters of interest to commercial list, does not qualify under the
persons engaged in an occupation contained in a Section 45 [now Section 47] of Rule 130. No
list, register, periodical, or other published evidence was presented that the publication was
compilation is admissible as tending to prove the regularly prepared by a person in touch with the
truth of any relevant matter so stated if that market and that it is generally regarded as
compilation is published for use by persons trustworthy and reliable. At most, it is but an
engaged in that occupation and is generally used analysis or opinion which carries no persuasive
and relied upon by them therein. (Rule 130, Sec. weight, as no sufficient figures to support it were
47) presented. It cannot be said that businessmen
generally rely on news items such as this in their
Requisites for Admissibility: occupation. Absent extrinsic proof of accuracy,
1. It is a statement of a matter of interest to these reports are not admissible. (Manila Electric
persons engaged in an occupation; Company v. Quisumbing, G.R. No. 127598,
2. Such statement is contained in a list, register, 2000)
periodical or other published compilation;
3. That compilation is published for the use of Newspapers containing stock quotations are not
persons engaged in that occupation, and admissible in evidence when the source of the
4. That compilation is generally used and relied reports is available. With more reason, mere
upon by persons in the same occupation (Rule analyses or projections of such reports cannot be
130, Sec. 47) admitted. Statement of matters contained in a
periodical may be admitted only "if that
Examples: compilation is published for use by persons
1. Trade journals engaged in that occupation and is generally used
2. Table of mortality compiled by life insurance and relied upon by them therein." (Manila Electric
companies Company vs. Quisumbing, G.R. No. 127598,
3. Abstracts of title compiled by reputable title 2000)
examining institutions or individuals
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xi. Learned treatises Requisites:

1. The witness whose testimony is offered in
A published treatise, periodical or pamphlet on a evidence is:
subject of history, law, science, or art is a. Deceased
admissible as tending to prove the truth of a b. Unable to testify
matter stated therein if the court takes judicial c. Out of the Philippines
notice, or a witness expert in the subject testifies, d. Cannot with due diligence be found in the
that the writer of the statement in the treatise, Philippines, or
periodical or pamphlet is recognized in his or her e. Unavailable;
profession or calling as expert in the subject. 2. His testimony or deposition was given in a
(Rule 130, Sec. 48) former case or proceeding, judicial or
administrative, between the same parties or
Requisites: those representing the same interests
1. There is a published treatise, periodical or (identity of parties);
pamphlet on a subject of history, law, science, 3. The former case involved the same subject
or art as that in the present case, although on
2. It is offered to prove the truth of a matter stated different causes of action (identity of issues);
therein and
3. The court takes judicial notice, or a witness 4. The adverse party had an opportunity to
expert in the subject testifies, that the writer of cross-examine the witness in the former
the statement in the treatise, periodical or case. (Riano, 2019 ed.)
pamphlet is recognized in his profession or
calling as expert in the subject. (Rule 130, While a former testimony or deposition appears
Sec. 48) under the Exceptions to the Hearsay Rule, the
classification of former testimony or deposition as
Learned Treatises are Admissible Only if: an admissible hearsay is not universally
1. The court takes judicial notice that the writer conceded. A fundamental characteristic of
is recognized in his profession as expert in hearsay evidence is the adverse party’s lack of
the subject; or opportunity to cross-examine the out-of-court
2. A witness who is an expert on the subject declarant. However, Section 49, Rule 130
testifies that the writer of the statement is explicitly requires, inter alia, for the admissibility
recognized in his profession as expert in the of a former testimony or deposition that the
subject. adverse party must have had an opportunity to
cross-examine the witness or the deponent in the
xii. Testimony or deposition at a former prior proceeding. This rule contemplates a
proceeding different kind of cross-examination, whether
actual or a mere opportunity, whose adequacy
The testimony or deposition of a witness depends on the requisite identity of issues in the
deceased or out of the Philippines or who cannot, former case or proceeding and in the present
with due diligence, be found therein, or is case where the former testimony or deposition is
unavailable or otherwise unable to testify, given sought to be introduced. (Republic v.
in a former case or proceeding, judicial or Sandiganbayan, G.R. No. 152375, 2011).
administrative, involving the same parties and
subject matter, may be given in evidence against Laying the Proper Predicate is Necessary
the adverse party who had the opportunity to Before the former testimony or deposition can be
cross-examine him or her (Rule 130, Sec. 49) introduced in evidence, the proponent must first
lay the proper predicate therefor, i.e., the party
must establish the basis for the admission of the
deposition in the realm of admissible evidence.
(Riano, 2019 ed.)
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Note: Actual cross-examination of the witness in relevant, the hearsay rule does not apply. A
the former trial is not a prerequisite. It is enough witness may testify to the statements made by a
if there was an opportunity to cross-examine. person if, for instance, the fact that such
statements were made by the latter would
xiii. Residual exception indicate the latter’s mental state or physical
condition. The ban on hearsay evidence does not
A statement not specifically covered by any of the cover independently relevant statements, which
foregoing exceptions, having equivalent consist of statements that are independently
circumstantial guarantees of trustworthiness, relevant of the truth asserted therein. (Estrada v.
is admissible if the court determines that: Desierto, G.R. Nos. 146710-15, 2001)
a) The statement is offered as evidence of a
material fact; The doctrine on independently relevant
b) The statement is more probative on the point statements states that conversations
for which it is offered than any other evidence communicated to a witness by a third person may
which the proponent can procure through be admitted as proof that, regardless of their truth
reasonable efforts; and or falsity, they were actually made. Evidence as
c) The general purposes of these rules and the to the making of such statements is not
interests of justice will be best served by secondary but primary, for in itself it (a)
admission of the statement into evidence. constitutes a fact in issue or (b) is circumstantially
relevant to the existence of such fact. (Republic
However, a statement may not be admitted under v. Heirs of Alejaga, G.R. No. 146030, 2002)
this exception unless the proponent makes
known to the adverse party, sufficiently in Two Classes of Independently Relevant
advance of the hearing, or by the pre-trial stage Statements
in the case of a trial of a main case, to provide the 1. Those statements which are the very facts in
adverse party with fair opportunity to prepare to issue.
meet it, the proponent’s intention to offer the 2. Those statements which are circumstantial
statement and the particulars of it, including the evidence of the facts in issue.
name and address of the declarant. (Rule 130,
Sec. 50) The Second Class of Independently Relevant
Statements Includes the Following:
d. Independently relevant statements 1. Statement of a person showing his state of
mind;
Where the statements or writings attributed to a 2. Statement of a person showing his physical
person who is not on the witness stand are being condition;
offered not to prove the truth of the facts stated 3. Statements of a person from which inference
therein but only to prove that those statements may be made as to the state of mind of
were actually made, or those writings were another person;
executed, such evidence is not covered by the 4. Statements which may identify the date,
hearsay evidence rule. The witness who testifies place, and person in question; and
thereto is competent because he heard the same 5. Statements showing the lack of credibility of
or saw the execution of the document, as these a witness. (Estrada v. Desierto, G.R. Nos.
are matters of fact derived from his own 146710-15, 2001)
perception and the purpose is only to prove either
that the statement was made or the tenor thereof.
(Regalado citing People v. Cusi, G.R. No. L-
20986, 1965; Cornejo, Sr. v. Sandiganbayan,
G.R. No. 58831, 1987; Sebastian, Sr. v.
Garchitorena. et al., G.R. No. 114026, 2000)
Where, regardless of the truth or falsity of a

statement, the fact that it has been made is
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6. OPINION RULE judge must conduct an independent examination

of the questioned signature in order to arrive at a
Opinion Evidence reasonable conclusion. (Lorzano v. Tabayag,
It is the statement by the witness of an inference G.R. No. 189647, 2012)
as to the existence or nonexistence of a fact in
issue based upon other facts presented directly Where the sanity of a person is at issue, expert
to the senses of the witness. opinion is not necessary. The observations of the
trial judge coupled with evidence establishing the
General rule: The opinion of a witness is not person's state of mental sanity will suffice.
admissible. (Rule 130, Sec. 51) (Hernandez v. San Juan-Santos, G.R. No.
166470, 2009)
Exceptions:
1. Opinion of expert witness (Rule 130, Sec. 52) b. Opinion of ordinary witness
2. Opinion of ordinary witness as to certain
matters (Rule 130, Sec. 53) The Opinion of a Witness for Which Proper
Basis is Given, May be received in Evidence
a. Opinion of expert witness; weight given Regarding:
1. The identity of a person about whom he or
The opinion of a witness on a matter requiring she has adequate knowledge
special knowledge, skill, experience, training or 2. A handwriting with which he or she has
education, which he or she is shown to possess, sufficient familiarity; and
may be received in evidence. (Rule 130, Sec. 52) 3. The mental sanity of a person with whom he
or she is sufficiently acquainted.
Expert
A person who is so qualified either by actual The witness may also testify on his or her
experience or by careful study as to enable him impressions of the emotion, behavior, condition
to form a definite opinion of his own respecting or appearance of a person. (Rule 130, Sec. 53)
any division of science, art, or trade about which
persons having no particular training are Proper Basis or Predicate Must First be
incapable of forming accurate opinions or of Established
deducing correct conclusions. 1. Adequate knowledge of the person
identified
Expert Evidence 2. Sufficient familiarity with the handwriting
It is the testimony of persons who are particularly regarding which the opinion is given
skilled, or experienced in a particular art, science, 3. Sufficient acquaintance with the person
trade, business, profession, or vocation, a whose mental sanity is the subject of the
thorough knowledge of which is not possessed by opinion given
man in general, in regard to matters connected
therewith. An ordinary witness cannot give an opinion as to
the mental sanity of a person based in whole or
Weight or Probative Value of Expert in part upon an abstract hypothetical question,
Testimony but must base his opinion solely upon his own
The court is not bound by the opinion of an expert personal knowledge, observation, or
such as a handwriting expert. Expert opinion acquaintance.
evidence is to be considered or weighed by the
court, like any other testimony, in light of its own American and Philippine courts uniformly reject
general knowledge and experience upon the the results of polygraph tests when offered in
subject of inquiry. (Dizon v Tuazon, G.R. No. evidence for the purpose of establishing the guilt
172167, 2008) or innocence of one accused of a crime, whether
the accused or the prosecution seeks its
A finding of forgery does not depend entirely on introduction, for the reason that the polygraph has
the findings of handwriting experts, because the not as yet attained scientific acceptance as a
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reliable and accurate means of ascertaining truth that the testimony “assist the trier of fact to
or deception (People v. Adoviso, G.R. No. understand the evidence or to determine a fact in
116196, 1999) issue” goes primarily to relevance by demanding
a valid scientific connection to the pertinent
Generally, a lay witness may testify only to facts inquiry as a precondition to admissibility. Expert
and not to opinions or conclusions, but may be testimony is thus admissible only if relevant and
permitted to use so-called short hand reliable. (Daubert v. Merrell Dow
descriptions (in reality, opinions), in presenting Pharmaceuticals, 113 S. Ct. 2786, 1933)
to court their impressions of general physical
condition of a person. In murder prosecution, “Hot Tub” Method – Concurrent Expert
where the defendant’s mother testified on the Evidence (ISAAA v. Greenpeace, G.R. No.
issue of the defendant’s insanity and related 209271, 2015)
history of the defendant from infancy to the day of
the alleged crime, including his illness, both "Hot tubbing," the colloquial term for concurrent
mental and physical, his hospitalizations, his expert evidence, is a method used for giving
moral delinquencies and his crimes, and evidence in civil cases in Australia.
whatever might throw light on his mental
condition, words used by defendant’s mother In a "hot tub" hearing, the judge can hear all the
“such a terrible shape” and “physically ill” in experts discussing the same issue at the same
describing defendant’s condition should have time to explain each of their points in a discussion
been permitted to stand. (State v. Garver, 225 with a professional colleague.
P.2d 771, 1950)
Objective
Just when a scientific principle or discovery To achieve greater efficiency and expedition by
crosses the line between the experimental and reduced emphasis on cross-examination and
demonstrable stages is difficult to define. increased emphasis on professional dialogue,
Somewhere in this twilight zone the evidential and swifter identification of critical areas of
force of the principle must be recognized, and disagreement between experts.
while courts will go a long way in admitting expert
testimony deduced from a well-recognized How to Determine Weight to be Given to
scientific principle or discovery, the thing from Opinion of Expert Witness
which the deduction is made must be sufficiently In any case where the opinion of an expert
established to have gained general acceptance in witness is received in evidence, the court has a
the particular field in which it belongs. (U.S. v. wide latitude of discretion in determining the
Stifel, 433 F.2d 431, 1970) weight to be given to such opinion, and for that
purpose may consider the following:
The Rules place appropriate limits on the a. Whether the opinion is based upon
admissibility of purportedly scientific evidence by sufficient facts or data;
assigning to the trial judge the task of ensuring b. Whether it is the product of reliable
that an expert’s testimony both: principles and methods;
(1) rests on a reliable foundation and c. Whether the witness has applied the
(2) is relevant to the task at hand. principles and methods reliably to facts of
the case; and
The reliability standard is established by the Such other factors as the court may deem helpful
requirement that an expert’s testimony pertains to to make such determination. (Rule 133, Sec. 5)
“scientific knowledge,” since the adjective
“scientific” implies a grounding in science’s
methods and procedures, while the word
“knowledge” connotes a body of known facts or
of ideas inferred from such facts or accepted as
true on good grounds. The Rule’s requirement
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7. CHARACTER EVIDENCE 2. As to the Character of the Offended Party
Character The character of the offended party may be

The possession by a person of certain qualities of proved if it tends to establish in any reasonable
mind or morals, distinguishing him from others. degree the probability or improbability of the
offense charged. (Rule 130, Sec. 54[a][1])
Character and Reputation Distinguished
CHARACTER REPUTATION For example, in a murder case, the accused,
Aggregate of the Depends on attributes invoking self-defense, can present evidence that
moral qualities which which others believe the offended party (the victim) was of a
belong to and one to possess. quarrelsome disposition.
distinguish an (Riano, Evidence,
individual person. 491-492, 2019 ed.) Sexual abuse shield rule in child sexual abuse
cases
General Rule: Evidence of character or a trait of The following evidence, however is not
character is not admissible. (Rule 130, Sec. 54) admissible in any criminal proceeding involving
alleged child sexual abuse under the “sexual
Reason abuse shield” rule:
The rule is that the character or reputation of a a) Evidence to prove that the alleged victim
party is regarded as legally irrelevant in engaged in other sexual behavior; and
determining a controversy, so that evidence b) Evidence offered to prove the sexual
relating thereto is not admissible. Ordinarily, if the predisposition of the alleged victim (Riano, p.
issues in the case were allowed to be influenced 367 citing Sec. 30 of the Rule on Examination
by evidence of the character or reputation of the of a Child Witness)
parties, the trial would be apt to have the aspects
of a popularity contest rather than a factual b. Civil cases
inquiry into the merits of the case. After all, the
business of the court is to try the case, and not Evidence of the moral character of a party in a
the man; and a very bad man may have a civil case is admissible only when pertinent to the
righteous cause. (People v. Lee, G.R. No. issue of character involved in the case. (Rule 130,
139070, 2002) Sec. 54[b])
a. Criminal cases General Rule: The moral character of a party to

a civil case is not a proper subject of inquiry.
1. As to the character of the accused Exception: In cases where, because of the
nature of the action, the character of a party
A. The accused may prove his or her good moral becomes a matter in issue.
character, which is pertinent to the moral trait
involved in the offense charged. (Rule 130, c. Criminal and civil cases
Sec. 54[a][2])
For example, the accused in a murder case Evidence of the good character of a witness is
may present evidence that he has a reputation not admissible until such character has been
for being a peaceful person. impeached. (Rule 130, Sec. 54[c])
B. The prosecution may not prove his or her bad In all cases in which evidence of character or trait
moral character pertinent to the moral trait of character of a person is admissible, proof may
involved in the offense charged, unless on be made by testimony as to reputation or by
rebuttal. (Rule 130, Sec. 54[a][2]) testimony in the form of an opinion. On cross-
In rebuttal, the prosecution may present examination, inquiry is allowable into relevant
evidence that the accused has a reputation specific instances of conduct. (Rule 130, Sec. 54,
for being a quarrelsome person. second par.)
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In cases in which character or trait of character of the judicial affidavits and marked as
a person is an essential element of a charge, Exhibits A, B, C, and so on in the case of
claim or defense, proof may also be made of the complainant or the plaintiff, and as
specific instances of that person’s conduct (Rule Exhibits 1, 2, 3, and so on in the case of
130, Sec. 54, third par.) the respondent or the defendant.
8. JUDICIAL AFFIDAVITS (b) Should a party or a witness desire to keep the

original document or object evidence in his
The rule modifies the existing practice in the possession-- he may, after the same has been
conduct of a trial and reception of evidence by identified, marked as exhibit, and authenticated,
doing away with the usual oral examination of a warrant in his judicial affidavit that the copy or
witness in a direct examination. (Riano, reproduction attached to such affidavit is a faithful
Evidence, 418, 2019 ed.) copy or reproduction of that original. In addition,
the party or witness shall bring the original
a. Scope
document or object evidence for comparison
The Judicial Affidavit Rule shall apply to all during the preliminary conference with the
actions, proceedings, and incidents requiring the attached copy, reproduction, or pictures, failing
reception of evidence before: which the latter shall not be admitted.
1. The Metropolitan Trial Courts, the Municipal
Trial Courts in Cities, the Municipal Trial This is without prejudice to the introduction of
Courts, the Municipal Circuit Trial Courts, and secondary evidence in place of the original when
the Shari' a Circuit Courts but shall not apply allowed by existing rules. (JAR, Sec. 2)
to small claims cases under A.M. 08-8-7-SC;
2. The Regional Trial Courts and the Shari'a The judicial affidavit shall take the place of the
District Courts; direct testimonies of witnesses. The rule,
3. The Sandiganbayan, the Court of Tax therefore, modifies the existing practice in the
Appeals, the Court of Appeals, and the Shari'a conduct of a trial and reception of evidence by
Appellate Courts; doing away with the usual oral examination of a
4. The investigating officers and bodies witness in a direct examination. (Riano, p. 296)
authorized by the Supreme Court to receive
c. Contents
evidence, including the Integrated Bar of the
Philippine (IBP); and A judicial affidavit shall be prepared in the
5. The special courts and quasi-judicial bodies, language known to the witness and, if not in
whose rules of procedure are subject to English or Filipino, accompanied by a translation
disapproval of the Supreme Court, insofar as in English or Filipino, and shall contain the
their existing rules of procedure contravene following:
the provisions of this Rule. (JAR, Sec. 1(a)) (a) The name, age, residence or business
address, and occupation of the witness;
b. Submission in lieu of direct testimony
(b) The name and address of the lawyer who
(a) The parties shall file with the court and serve conducts or supervises the examination of the
on the adverse party, personally or by licensed witness and the place where the examination
courier service, not later than five days before is being held;
pre-trial or preliminary conference or the (c) A statement that the witness is answering the
scheduled hearing with respect to motions and questions asked of him, fully conscious that he
incidents, the following: does so under oath, and that he may face
(1) The judicial affidavits of their witnesses, criminal liability for false testimony or perjury;
which shall take the place of such (d) Questions asked of the witness and his
witnesses' direct testimonies; and corresponding answers, consecutively
(2) The parties' documentary or object numbered, that:
evidence, if any, which shall be attached to
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(1) Show the circumstances under which the excluded evidence under Section 40 of Rule 132
witness acquired the facts upon which he of the Rules of Court. (JAR, Sec. 6)
testifies;
(2) Elicit from him those facts which are Oral offer of and objections to exhibits—
relevant to the issues that the case
presents; and (a) Upon the termination of the testimony of his
(3) Identify the attached documentary and last witness, a party shall immediately make an
object evidence and establish their oral offer of evidence of his documentary or
authenticity in accordance with the Rules object exhibits, piece by piece, in their
of Court; chronological order, stating the purpose or
(e) The signature of the witness over his printed purposes for which he offers the particular exhibit.
name; and (b) After each piece of exhibit is offered, the
(f) A jurat with the signature of the notary public adverse party shall state the legal ground for his
who administers the oath or an officer who is objection, if any, to its admission, and the court
authorized by law to administer the same. shall immediately make its ruling respecting that
(JAR, Sec. 3) exhibit.
(g) A sworn attestation at the end, executed by (c) Since the documentary or object exhibits form
the lawyer who conducted or supervised the part of the judicial affidavits that describe and
examination of the witness, to the effect that: authenticate them, it is sufficient that such
(1) He faithfully recorded or caused to be exhibits are simply cited by their markings during
recorded the questions he asked and the the offers, the objections, and the rulings,
corresponding answers that the witness dispensing with the description of each exhibit.
gave; and (JAR, Sec. 8)
(2) Neither he nor any other person then
present or assisting him coached the e. Application in criminal cases
witness regarding the latter's answers.
(JAR, Sec. 4(a)) This rule shall apply to all criminal actions:
1. Where the maximum of the imposable
penalty does not exceed six years;
The questions to be asked of the witness in the
preparation of the judicial affidavit will determine 2. Where the accused agrees to the use of
whether he/she has personal knowledge of the judicial affidavits, irrespective of the penalty
facts upon which he/she testifies. The matters involved; or
testified to should also be on matters relevant to 3. With respect to the civil aspect of the
the issues of the case. (Riano, Evidence, 272) actions, whatever the penalties involved are.
(JAR, Sec. 9(a))
d. Offer and objection
Example of crimes where applicable:
Offer of and objections to testimony in judicial 1. Falsification and use of falsified documents.
affidavit— 2. False testimony and perjury.
3. Indirect bribery.
The party presenting the judicial affidavit of his 4. Death caused in a tumultuous affray (if it
witness in place of direct testimony shall state the cannot be ascertained who actually killed the
purpose of such testimony at the start of the deceased)
presentation of the witness. The adverse party 5. Inducing a minor to abandon his home.
may move to disqualify the witness or to strike out 6. Adultery and Concubinage.
his affidavit or any of the answers found in it on 7. Acts of lasciviousness.
ground of inadmissibility. The court shall promptly 8. Consented abduction.
rule on the motion and, if granted, shall cause the
marking of any excluded answer by placing it in
brackets under the initials of an authorized court
personnel, without prejudice to a tender of
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f. Effect of non-compliance
3. A party who fails to submit the required judicial
1. A false attestation shall subject the lawyer affidavits and exhibits on time shall be
mentioned to disciplinary action, including deemed to have waived their submission.
disbarment. (JAR, Sec. 4(b))
The court may, however, allow only once the
2. If the government employee or official, or the late submission of the same provided, the
requested witness, who is neither the witness delay is for a valid reason, would not unduly
of the adverse party nor a hostile witness, prejudice the opposing party, and the
unjustifiably declines to execute a judicial defaulting party pays a fine of not less than
affidavit or refuses without just cause to make P1,000.00 nor more than P5,000.00 at the
the relevant books, documents, or other things discretion of the court.
under his control available for copying,
authentication, and eventual production in 4. The court shall not consider the affidavit of any
court, the requesting party may avail himself witness who fails to appear at the scheduled
of the issuance of a subpoena ad hearing of the case as required. Counsel who
testificandum or duces tecum under Rule 21 fails to appear without valid cause despite
of the Rules of Court. The rules governing the notice shall be deemed to have waived his
issuance of a subpoena to the witness in this client's right to confront by cross-examination
case shall be the same as when taking his the witnesses there present.
deposition except that the taking of a judicial
affidavit shall be understood to be ex parte. 5. The court shall not admit as evidence judicial
(JAR, Sec. 5) affidavits that do not conform to the content
requirements of Section 3 and the attestation
Section 5 of the JAR contemplates a situation requirement of Section 4.
where there is a (a) government employee or
official or (b) requested witness who is not the The court may, however, allow only once the
(1) adverse party’s witness nor (2) a hostile subsequent submission of the compliant
witness. If this person either (a) unjustifiably replacement affidavits before the hearing or
declines to execute a judicial affidavit or (b) trial provided the delay is for a valid reason
refuses without just cause to make the and would not unduly prejudice the opposing
relevant documents available to the other party and provided further, that public or
party and its presentation to court, Section 5 private counsel responsible for their
allows the requesting party to avail of preparation and submission pays a fine of not
issuance of subpoena ad less than P1,000.00 nor more than P5,000.00,
testificandum or duces tecum under Rule 21 at the discretion of the court. (JAR, Sec. 10)
of the Rules of Court. Thus, adverse party
witnesses and hostile witnesses being
excluded, they are not covered by Section
5.
Here, Yap is a requested witness who is the

adverse party’s witness. Regardless of
whether he unjustifiably declines to execute a
judicial affidavit or refuses without just cause
to present the documents, Section 5 cannot
be made to apply to him for the reason that he
is included in a group of individuals expressly
exempt from the provision’s application. (Ng
Meng Tam vs. Chinabank, G.R. No. 214054,
2015)
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F. OFFER AND OBJECTION cause, and then again it may decide not to do so
at all. (Interpacific Transit v. Aviles, G.R. No.
1. OFFER OF EVIDENCE 86062, 1990)
The court shall consider no evidence which has There are instances when the Court relaxed the
not been formally offered. The purpose for which foregoing rule and allowed evidence not formally
the evidence is offered must be specified. (Rule offered to be admitted. Citing People v. Napat-a
132, Sec. 34) and People. v. Mate, the Court in Heirs of
Romana Saves, et al., v. Heirs of Escolastico
Exceptions: Saves, et al. (G.R. No. 152866, 2010),
1. Evidence not formally offered can be enumerated the requirements for the evidence to
considered by the court as long as they have be considered despite failure to formally offer it,
been properly identified by testimony duly namely: “first, the same must have been duly
recorded and identified by testimony duly recorded and,
2. They have been incorporated in the records of second, the same must have been
the case. (People v Libnao, G.R. No. 13860, incorporated in the records of the case.”
2003)
In People v. Vivencio De Roxas et al. (G.R. No.
Purpose of Offer L-16947, 1962), the Court also considered
exhibits which were not formally offered by
Formal offer is necessary because it is the duty the prosecution but were repeatedly referred
of the judge to rest his findings of facts and his to in the course of the trial by the counsel of
judgment only and strictly upon the evidence the accused.
offered by the parties at the trial. (Candido, v. CA,
G.R. No. 107493, 1996) In the instant case, the Court finds that the above
requisites are attendant to warrant the relaxation
The purpose for which the evidence is offered of the rule and admit the evidence of the
must be specified because such evidence may be petitioners not formally offered. As can be seen in
admissible for several purposes under the the records of the case, the petitioners were able
doctrine of multiple admissibility, or may be to present evidence that have been duly identified
admissible for one purpose and not for another; by testimony duly recorded. To identify is to prove
otherwise the adverse party cannot interpose the the identity of a person or a thing. Identification
proper objection. Evidence submitted for one means proof of identity; the proving that a person,
purpose may not be considered for any other subject or article before the court is the very same
purpose. (Catuira v. CA, G.R. No. 105813, 1994) that he or it is alleged, charged or reputed to be.
Note: A party who has offered evidence is NOT (Rodolfo Laborte, et al. v. Pagsanjan Tourism
entitled as a matter of right to withdraw it on Consumers’ Cooperative, et al., G.R. No.
finding that it does not answer his purpose. 183860, 2014)
Note: A party who calls for the production of a 2. WHEN TO MAKE AN OFFER
document and inspects the same is not obliged to
offer it as evidence. (Rule 130, sec. 9) DOCUMENTARY
TESTIMONIAL
AND OBJECT
EVIDENCE
Note: A party has the option of not offering into EVIDENCE
evidence the evidence identified at the trial and
marked as an exhibit. The offer must be It shall be offered after
made at the time the the presentation of a
Note: The mere fact that a particular document is witness is called to party’s testimonial
identified and marked as an exhibit does not testify. (Rule 132, evidence. (Rule 132,
mean it will be or has been offered as part of the Sec. 35) Sec. 35)
evidence of the party. The party may decide to
formally offer it if it believes this will advance its
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Note: The Rules of Court now mandate that all Grounds for the objections must be specified.
evidence be offered orally. (Rule 132, Sec. 35)
An objection to evidence cannot be made in
3. OBJECTION advance of the offer of the evidence sought to be
introduced.
Purposes of Objections:
1. To keep out inadmissible evidence that would The right to object is a mere privilege which the
cause harm to a client’s cause. The rules of parties may waive. And if the ground for
evidence are not self-operating and hence, objection is known and not seasonably made, the
must be invoked by way of an objection; objection is deemed waived and the court has no
2. To protect the record, i.e., to present the issue power, on its own motion, to disregard the
of inadmissibility of the offered evidence in a evidence. (People v. Yatco, G.R. No. L-9181,
way that if the trial court rules erroneously, the 1955)
error can be relied upon as a ground for a
future appeal;
WHEN OFFERED WHEN IT MAY BE
3. To protect a witness from being embarrassed OBJECTED TO
on the stand or from being harassed by the
Object Evidence
adverse counsel;
When the same is
4. To expose the adversary’s unfair tactics like
presented for its view
his consistently asking obviously leading
or evaluation, as in
questions;
ocular inspection or
5. To give the trial court an opportunity to correct
demonstrations, or Should be made either
its own errors and, at the same time, warn the
when the party rests at the time it is
court that a ruling adverse to the objector may
his case (after the presented in an ocular
supply a reason to invoke a higher court’s
presentation of a inspection or
appellate jurisdiction; and
party’s testimonial demonstration or when
6. To avoid a waiver of the inadmissibility of
evidence [Rule 132, it is formally offered
otherwise inadmissible evidence. (Riano,
Sec. 35]) and the
Evidence, 517-518)
real evidence
consists of objects
Purpose
exhibited in court.
To stop an answer to a question put to a witness
Testimonial Evidence
or to prevent the receipt of a document in
As to the qualification
evidence until the court has had opportunity to
of the witness – should
make a ruling upon its admissibility.
be made at the time he
is called to the stand
Rules on Objections (Rule 132, Sec. 36)
and immediately after
the opposing party
Objection to offer of evidence
offers his/her
Must be made orally immediately after the offer is
testimony.
made When witness is
called to the witness
If otherwise qualified -
Objection to the testimony of a witness for stand, before he/she
objection should be
lack of formal offer testifies
raised when the
Must be made as soon as the witness begins to
objectionable question
testify
is asked or after the
answer is given if the
Objection to a question propounded in the
objectionable features
course of the oral examination of a witness—
became apparent by
Must be made as soon as the grounds therefor
reason of such
become reasonably apparent
answer.
Page 647 of 711
ATENEO CENTRAL
Documentary Evidence review on certiorari. These are to be assigned as

Formally offered by errors and reviewed in the appeal taken from the
the proponent after trial court on the merits of the case. (Gatdula v.
the presentation of At the time it is formally People, GR No. 140688, Jan. 26, 2001)
his/her last witness offered. (Francisco,
and before he rests supra) 6. STRIKING OUT OF AN ANSWER
his case. (Francisco,
General Rule: An objection to questions
supra)
propounded in the course of oral examination
4. REPETITION OF AN OBJECTION must be interposed as soon as the ground(s)
(CONTINUING OBJECTION) become evident. Failure to interpose a timely
objection may be taken as a waiver of the right to
When it becomes reasonably apparent in the object and the answer will be admitted.
course of the examination of a witness that the Exceptions: A motion to strike out the answer,
questions being propounded are of the same testimony or narration is available as a remedy
class as those to which objection has been made, where:
whether such objection was sustained or 1. Where a witness answers a question before
overruled, it shall not be necessary to repeat the the adverse party had the opportunity to voice
objection, it being sufficient for the adverse party fully its objection to the same
to record his or her continuing objection to such 2. Where a question not objectionable, but the
class of questions. (Rule 132, Sec. 37) answer is not responsive
3. Where a witness testifies without a question
5. RULING being posed
4. Where witness testifies beyond limits set by
When Ruling of Court Must be Given the court
5. Where the witness does a narration instead of
General Rule: The ruling of the court must be answering the question
given immediately after the objection is made (Rule 132, Sec. 39)
Exception: Unless the court desires to take a
reasonable time to inform itself on the question An Answer, Testimony or Narration May be
presented. Stricken Off the Record:
Note: The ruling shall always be made: On motion of party

1. During the trial; and Should a witness answer the question before the
2. At such time as will give the party against adverse party had the opportunity to voice fully its
whom it is made an opportunity to meet the objection to the same or where a question is not
situation presented by the ruling. (Rule 132, objectionable, but the answer is not responsive,
Sec. 38) or where a witness testifies without a question
being posed or testifies beyond limits set by the
When Reason For Ruling Must be Stated court or when the witness does a narration
instead of answering the question and such
General Rule: The reason for sustaining or objection is found to be meritorious, the court
overruling an objection need not be stated. shall sustain the objection and order the answer,
Exception: If the objection is based on two or testimony or narration to be stricken off the
more grounds, a ruling sustaining the objection record. (Rule 132, Sec. 39)
on one or some of them must specify the ground
or grounds relied upon. (Rule 132, Sec. 38) On proper motion, the court may also order the
striking out of answers which are incompetent,
Note: The rulings of the trial court on procedural irrelevant, or otherwise improper. (Rule 132, Sec.
questions and on admissibility of evidence during 39)
the course of a trial are interlocutory in nature and
may not be the subject of separate appeals or
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7. TENDER OF EXCLUDED EVIDENCE In Inter-pacific Transit, Inc. v. Aviles, we had the

occasion to make a distinction between
Where the court refuses to permit the counsel to identification of documentary evidence and its
present testimony which he thinks is competent, formal offer as an exhibit. We said that the first is
material and necessary to prove his case, the done in the course of the trial and is accompanied
method to properly preserve the record to the end by the marking of the evidence as an exhibit while
that the question may be saved for the purposes the second is done only when the party rests its
of review, is through the making of an offer of case and not before. A party, therefore, may opt
proof. to formally offer his evidence if he believes that it
will advance his cause or not to do so at all. In the
Purpose event he chooses to do the latter, the trial court is
1. To inform the court of what is expected to be not authorized by the Rules to consider the same.
proved. (Vda. de Oñate v. CA, G.R. No. 116149, 1995)
2. To enable a higher court to determine from the ————- end of topic ————-
record whether the proposed evidence is
competent.
Rule on Tender of Excluded Evidence

1. If the excluded evidence is documentary or
object
The offeror may have the same attached to or
made part of the record. (Rule 132, Sec. 40)
2. If the evidence excluded is oral –
The offeror may state for the record the name
and other personal circumstances of the
witness and the substance of the proposed
testimony. (Rule 132, Sec. 40)
The non-inclusion of the controverted bills of

lading in the formal offer of evidence cannot,
under the facts of this particular case, be
considered a fatal procedural lapse as would bar
respondent carrier from raising the defense of
prescription. (PHILAMGEN v. Sweet Lines, Inc.,
G.R. No. 87434, 1992)
The reason for requiring that evidence be formally

introduced is to enable the court to rule
intelligently upon the objection to the questions
which have been asked. As a general rule, the
proponent must show its relevancy, materiality
and competency. Where the proponent offers
evidence deemed by counsel of the adverse party
to be inadmissible for any reason, the latter has
the right to object. But such right is a mere
privilege which can be waived. Necessarily, the
objection must be made at the earliest
opportunity, lest silence when there is opportunity
to speak may operate as a waiver of objections.
(Catuira v. CA, G.R. No. 105813, 1994)
Page 649 of 711

REVISED RULES
ON SUMMARY
PROCEDURE
Remedial Law
ATENEO CENTRAL
IX. REVISED RULES ON SUMMARY A. CASES COVERED BY THE RULE

PROCEDURE
What is the scope of the rule?
This rule shall govern the summary procedure in
the:
1. MeTCs;
IX. REVISED RULES ON SUMMARY
PROCEDURE 2. MCTCs;
A. CASES COVERED BY THE RULE 3. MTCs; and
B. EFFECT OF FAILURE TO ANSWER 4. RTCs
C. PRELIMINARY CONFERENCE AND
APPEARANCES OF PARTIES In the Following Cases Falling Within Their
D. PROHIBITED PLEADINGS AND MOTIONS Jurisdiction:
E. APPEAL
Civil Cases
1. All cases of forcible entry and unlawful
detainer, irrespective of the amount of
damages or unpaid rentals sought to be
recovered. Where attorney’s fees are
awarded, the same shall not exceed twenty
thousand pesos (P20,000).
2. All other cases, except probate
proceedings, where the total amount of the
plaintiff's claim does not exceed one hundred
thousand pesos (P100,000) or two hundred
thousand pesos (P200,000) in Metropolitan
Manila, exclusive of interest and costs. (A.M.
No. 02-11-09-SC)
Criminal Cases
1. Violations of traffic laws, rules and regulations;
2. Violations of the rental law;
3. Violations of municipal or city ordinances;
4. Violations of B.P. 22 (Bouncing Checks Law)
5. All other criminal cases where the penalty
prescribed by law for the offense charged is
imprisonment not exceeding six (6) months, or
a fine not exceeding (P1,000), or both,
irrespective of other imposable penalties,
accessory or otherwise, or of the civil liability
arising therefrom;
a. Provided, however, that in offenses
involving damage to property through
criminal negligence, this Rule shall govern
where the imposable fine does not exceed
ten thousand pesos (P10,000). (Revised
Rules on Summary Procedure, Sec. 1)
Totality Rule
Where there are several claims or causes of
actions between the same or different parties
embodied in the same complaint, the amount of
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ATENEO CENTRAL
the demand shall be the totality of the claims in Affirmative and negative defenses not pleaded
all the causes of action, whether arising out of the therein shall be deemed waived, except for lack
same or different transactions. (Pantranco North of jurisdiction over the subject matter.
Express v. Standard Insurance Co., G.R. No.
140746, 2005) Cross-claims and compulsory counterclaims not
asserted in the answer shall be considered
What cases are not covered by the Rules? barred. The answer to counterclaims or cross-
1. Civil cases where the plaintiff’s cause of action claims shall be filed and served within ten (10)
is pleaded in the same complaint with another days from service of the answer in which they are
cause of action subject to the ordinary pleaded (Revised Rules on Summary Procedure,
procedure; and Sec. 5)
2. Criminal cases where the offense charged is
necessarily related to another criminal case What is the effect if the defendant fails to file
subject to the ordinary procedure. (Revised an answer?
Rules on Summary Procedure, Sec. 1) Should the defendant fail to answer the complaint
within the period above provided, the court,
Note: A patently erroneous determination by the motu proprio, or on motion of the plaintiff,
court to avoid the application of the Rule on shall render judgment as may be warranted by
Summary Procedure is a ground for disciplinary the facts alleged in the complaint and limited
action. (Revised Rules on Summary Procedure, to what is prayed for therein: Provided,
Sec. 2) however, that the court may in its discretion
reduce the amount of damages and attorney's
What is the duty of the court to determine fees claimed for being excessive or otherwise
whether cases fall within Summary unconscionable.
Procedure?
After the court determines that the case falls Note: This is without prejudice to the applicability
under summary procedure, it may, from an of Section 4, Rule 15 of the Rules of Court, if there
examination of the allegations therein and such are two or more defendants (Revised Rules on
evidence as may be attached thereto, dismiss the Summary Procedure, Sec. 6)
case outright on any of the grounds apparent
therefrom for the dismissal of a civil action.
If no ground for dismissal is found, it shall C. PRELIMINARY CONFERENCES AND

forthwith issue summons which shall state that APPEARANCES OF PARTIES
the summary procedure under this Rule shall
apply. (Revised Rules on Summary Procedure, If there is no showing of compliance for cases
Sec. 4) requiring referral to the Lupon for conciliation
under PD 1508, it shall be dismissed without
prejudice; it shall be revived upon proof of
compliance.
B. EFFECT OF FAILURE TO ANSWER
Referral to Lupon not applicable to criminal cases
When should the defendant file his answer? where accused was arrested without warrant
Within ten (10) days from service of summons, (Revised Rules on Summary Procedure, Sec.
the defendant shall file his answer to the 18).
complaint and serve a copy thereof on the plaintiff
(Revised Rules on Summary Procedure, Sec. 5) Requirement of submitting dispute to barangay
conciliaiton prior to filing of unalwful detainer not
What is the effect of failure to plead defenses applicable to juridical entity (Uy v. Estate of
in the answer? Fernandez, GR No. 200612, April 5, 2017)
Page 652 of 711

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When should the Preliminary Conference be 3. Whether, on the basis of the pleadings and the
held? stipulations and admissions made by the
Not later than 30 days after the last answer is parties, judgment may be rendered without
filed. This is mandatory. (Revised Rules on the need of further proceedings, in which
Summary Procedure, Sec. 7) event the judgment shall be rendered within
thirty (30) days from issuance of the order;
What rules govern the Preliminary 4. A clear specification of material facts which
Conference? remain controverted; and
The rules on pre-trial in ordinary cases shall be 5. Such other matters intended to expedite the
applicable to the preliminary conference. disposition of the case. (Revised Rules on
Exception: Unless inconsistent with the Summary Procedure, Sec. 8)
provisions of this Rule.
What must the parties do after receiving the
What is the effect if the plaintiff fails to appear Record of Preliminary Conference?
at the Preliminary Conference? Within ten (10) days from receipt of the order, the
parties shall submit the affidavits of their
The plaintiff’s complaint shall be dismissed. The witnesses and other evidence on the factual
defendant who appears in the absence of the issues defined in the order, together with their
plaintiff shall be entitled to judgment on his position papers setting forth the law and the facts
counterclaim in accordance with Section 6. relied upon by them. (Revised Rules on Summary
Procedure, Sec. 9)
All cross-claims shall be dismissed. (Revised
Rules on Summary Procedure, Sec. 7) When does the Court render judgment in
Summary Procedure?
What is the effect if the defendant fails to It does within 30 days after receipt of the last
appear at the Preliminary Conference? affidavits and position papers; or the expiration of
the period for filing the same
If the case involves a sole defendant, and said
defendant does not appear, the plaintiff shall be
entitled to judgment on his counterclaim in
accordance with Section 6. D. PROHIBITED PLEADINGS AND
MOTIONS
This Rule shall not apply where one of two or
more defendants sued under a common cause of What pleadings and motions are allowed?
action who had pleaded a common defense shall 1. Complaints;
appear at the preliminary conference. (Revised 2. Compulsory Counterclaims;
Rules on Summary Procedure, Sec. 7) 3. Cross-Claims Pleaded in an Answer; and
4. Answers thereto (Revised Rules on Summary
After the Preliminary Conference, what does Procedure, Sec. 3[a])
the Court order next?
It issues a Record of Preliminary Conference. Note that these pleadings must be verified.
Within five (5) days after the termination of the
preliminary conference, the court shall issue an What pleadings and motions are prohibited?
order stating the matters taken up therein, 1. Motion to dismiss the complaint or to quash
including but not limited to: the complaint or information except on the
1. Whether the parties have arrived at an ground of:
amicable settlement, and if so, the terms a. Lack of jurisdiction over the subject matter;
thereof; or
2. The stipulations or admissions entered into by b. Failure to comply with the preceding
the parties;. section;
2. Motion for a bill of particulars;
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3. Motion for new trial, or for reconsideration of Execution Pending Appeal

judgment, or for reopening of trial;
4. Petition for relief from judgment; On motion of the prevailing party with notice to
5. Motion for extension of time to file pleadings, the adverse party filed in the trial court while it has
affidavits or any other paper; jurisdiction over the case and is in possession of
6. Memoranda; either the original record or the record on appeal,
7. Petition for certiorari, mandamus, or as the case may be, at the time of the filing of
prohibition against any interlocutory order such motion, said court may, in its discretion,
issued by the court; order execution of a judgment or final order even
8. Motion to declare the defendant in default; before the expiration of the period to appeal. After
9. Dilatory motions for postponement; the trial court has lost jurisdiction the motion for
10. Reply; execution pending appeal may be filed in the
11. Third party complaints; and appellate court. Discretionary execution may only
12. Interventions. (Revised Rules on Summary issue upon good reasons to be stated in a special
Procedure, Sec. 19) order after due hearing. (Rule 39, Section 2)
———— end of topic ————
E. APPEAL
Which court has appellate jurisdiction in

cases of summary procedure?
The judgment or final order shall be appealable

to the appropriate regional trial court which shall
decide the same in accordance with Section 22
of Batas Pambansa Blg. 129 (Revised Rules on
Summary Procedure, Sec. 21)
Such cases shall be decided on the basis of the

entire record of the proceedings had in the court
of origin and such memoranda and/or briefs as
may be submitted by the parties or required by
the Regional Trial Courts. (BP 129, Sec. 22)
The rule applies to both civil and criminal cases

under the rules on summary procedure.
Which decisions in summary proceedings are

deemed immediately executory?
The decision of the regional trial court in civil
cases governed by this Rule, including forcible
entry and unlawful detainer, shall be immediately
executory, without prejudice to a further appeal
that may be taken therefrom (Revised Rules on
Summary Procedure, Sec. 21)
Note: Section 10 of Rule 70 shall be deemed

repealed (Revised Rules on Summary
Procedure, Sec. 21)
Page 654 of 711

KATARUNGANG
PAMBARANGAY
Remedial Law
ATENEO CENTRAL
X. KATARUNGANG PAMBARANGAY Functions of the Lupon

1. Exercise administrative supervision over
TOPIC OUTLINE UNDER THE SYLLABUS: conciliation panels provided herein;
2. Meet regularly once a month to provide a
X. KATARUNGANG PAMBARANGAY forum for exchange of ideas relevant to the
A. CASES COVERED settlement of disputes.
B. SUBJECT MATTER FOR AMICABLE 3. Exercise other powers and duties as may be
SETTLEMENT prescribed by law (RA 7160, Sec. 402)
C. VENUE
D. WHEN PARTIES MAY DIRECTLY GO TO Lupon Tagapamayapa
COURT
E. EXECUTION Composed of the Punong Barangay as the
F. REPUDIATION Chairman and 10 to 20 members, to be
constituted every 3 years. (RA 7160, Sec. 399
(a))
Should a vacancy occur for any purpose, the

punong barangay shall immediately appoint a
qualified person who shall hold office for the
unexpired term. (RA 7160, Sec. 401)
General Rule: All proceedings for settlement

shall be public and informal
Exception: Proceedings may be excluded from
the public in the interest of privacy, decency, or
public morals. (RA 7160, Sec. 414)
Appearance of Parties
Parties must appear in person WITHOUT
assistance of counsel or representative, except
minors and incompetents who may be assisted
by their next-of-kin who are NOT lawyers. (RA
7160, Sec. 415)
A. CASES COVERED
The primordial objective of Presidential Decree

No. 1508 is to reduce the number of court
litigations and prevent the deterioration of the
quality of justice which has been brought by the
indiscriminate filing of cases in the courts. To
ensure this objective, Section 6 of Presidential
Decree No. 1508 requires the parties to undergo
a conciliation process before the Lupon
Chairman or the Pangkat as a precondition to
filing a complaint in court subject to certain
exceptions which are inapplicable to this case.
The said section has been declared compulsory
in nature. (Aquino v. Laure, GR 153567, 2008)
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If the complainant / plaintiff fails to comply with

the requirements of the Local Government Code, There must have been confrontation between the
such complaintant filed with the court may be parties before the lupon chairman or pangkat and
dismissed for failure to exhaust all administrative a showing that there was no settlement reached
remedies. (Berba v. Pablo and The Heirs of or that it was repudiated by the parties before a
Carlos Palanca, GR 160032, 2005) complaint, petition, action or proceeding may be
filed or instituted in court or in a government office
Since the party-in-interest in this case is the for adjudication.
intestate estate which is a juridical person, the
plaintiff administrator may file the complaint in The court in a non-criminal case not falling within
court without the same being coursed to the the authority of the Lupon, may any time before
barangay lupon for arbitration. (Vda. De trial, refer the case to the lupon concerned for
Borromeo v. Popoy, 126 SCRA 217, 1983) amicable settlement. (RA 7160, Sec. 408)
An amicable settlement shall have the force and

effect if a final judgement of the court upon the
expiration of 10 days from the date thereof, B. SUBJECT MATTER FOR AMICABLE
unless repudiation of the settlement has been SETTLEMENT
made or a petition to nullify the award has been
filed before the proper court. (Procesor Quiros, et The Lupon of each barangay shall have authority
al. vs. Marcelo Arjona, et al., GR 158901, 2004) to bring together the parties actually residing in
the same city or municipality for amicable
The barangay conciliation requirement in Sec. settlement. (RA 7160, Sec. 408)
412 of the LGC does not apply to habeas
corpus proceedings where a person is "deprived Exceptions:
of personal liberty." In such a case, Section 412 1. Where one party is the government, or any
expressly authorizes the parties "to go directly to subdivision or instrumentality thereof;
court" without need of any conciliation 2. Where one party is a public officer or
proceedings. (Tribiana v. Tribiana, GR 137359, employee and the dispute relates to the
2004) performance of his official functions;
3. Where the dispute involves real properties
The amicable settlement executed by the parties located in different cities and municipalities,
before the Lupon on the arbitration award has the unless the parties thereto agree to submit their
force and effect of a final judgment of a court upon difference to amicable settlement by an
the expiration of ten (10) days from the date appropriate Lupon;
thereof, unless the settlement is repudiated within 4. Any complaint by or against corporations,
the period therefor, where the consent is vitiated partnerships or juridical entities, since only
by force, violence or intimidation, or a petition to individuals shall be parties to Barangay
nullify the award is filed before the proper city or conciliation proceedings either as
municipal court. The repudiation of the settlement complainants or respondents [Sec. 1, Rule VI,
shall be sufficient basis for the issuance of a Katarungang Pambarangay Rules];
certification to file a complaint. (Vidal v. Escueta, 5. Disputes involving parties who actually reside
GR 156228, 2003) in barangays of different cities or
municipalities, except where such barangay
General Rule: units adjoin each other and the parties thereto
ALL disputes between individuals/natural agree to submit their differences to amicable
persons are subject to barangay conciliation settlement by an appropriate Lupon;
pursuant to the Revised Katarungang 6. Offenses for which the law prescribes a
Pambarangay Law and prior recourse thereto is maximum penalty of imprisonment exceeding
a pre-condition before filing a complaint in court one [1] year or a fine of over P5, 000.00;
or any government offices is allowed. 7. Offenses where there is no private offended
party;
Page 657 of 711
ATENEO CENTRAL
8. Disputes where urgent legal action is Disputes arising at the workplace where
necessary to prevent injustice from being contending parties are employed or institution
committed or further continued, specifically where such parties are enrolled for study.
the following:
a) Criminal cases where accused is under Objections to venue shall be raised in the
police custody or detention [Sec. 412 (b) mediation proceedings before the punong
(1), Revised Katarungang Pambarangay barangay; otherwise it shall be deemed waived.
Law]; (RA 7160, Sec. 409)
b) Petitions for habeas corpus by a person
illegally deprived of his rightful custody Actual residency is necessary in order for the
over another or a person illegally deprived lupon to acquire jurisdiction. (Tan, 2020)
of or on acting in his behalf;
c) Actions coupled with provisional remedies Pangkat ng Tagapagkasundo
such as preliminary injunction, attachment,
delivery of personal property and support For each dispute brought before the lupon, a
during the pendency of the action; conciliation panel known as the pangkat ng
d) Actions which may be barred by the tagapagkasundo, consisting of three members,
Statute of Limitations. chosen by the parties to the dispute from the list
9. Any class of disputes, which the President of members of the lupon shall be constituted
may determ ine in the interest of justice or
upon the recommendation of the Secretary of If the parties fail to agree, the members of the
Justice; pangkat shall be determined by lots drawn by the
10. Where the dispute arises from the lupon chairman. (RA 7160, Sec. 404)
Comprehensive Agrarian Reform Law (Secs.
46 & 47, R. A. 6657); Duties of the Pangkat Tagapagkasundo
11. Labor disputes or controversies arising from 1. Convene not later than three days from its
employer-employee relations (Montoya v. constitution, on the day and hour set by the
Escayo, et al., G.R. No. 82211-12, 1989); (Art. lupon chairman;
226, Labor Code) 2. Hear both parties and their witness;
12. Actions to annul judgment upon a compromise 3. Simplify issues; and
that may be filed directly in court (Sanchez v. 4. Explore all possibilities for amicable
Tupaz, G.R. No. 76690, 1988) settlement. (Tan, 2020)
Powers of the Pangkat Tagapagkasundo

1. Issue summons for personal appearance of
C. VENUE parties and witnesses.
2. If a party moves to disqualify any member of
1. Lupon of the Barangay
the pangkat for grounds discovered after its
Parties actually residing in the same
constitution, matter shall be resolved by the
barangay.
affirmative vote of the majority of the pangkat.
2. Lupon of the Barangay where any of the (Tan, 2020)
respondents actually resides
Involves parties actually residing in the
A case filed in court without compliance with
different barangays but in the same city or
prior barangay conciliation, which is a pre-
municipality
condition for formal adjudication, may be
3. Where the real property or larger portion
dismissed upon motion of defendant/s on the
thereof is situated
ground of failure to comply with a condition
Disputes involving real property or any interest
precedent. The non-referral of a case for
therein.
barangay conciliation is not jurisdictional in
4. Barangay where workplace or institution is
nature, thus it necessitates a motion to dismiss
located
before it may be considered by the Court.
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A prior recourse to barangay conciliation is a pre-

condition before filing a complaint in court or any D. WHEN PARTIES MAY DIRECTLY GO
government offices. Non-compliance with the TO COURT
said condition precedent could affect the
sufficiency of the plaintiff’s cause of action and (See discussion on Part B)
make his complaint vulnerable to dismissal on
ground of lack of cause of action or prematurity; Agreement to Arbitrate
but the same would not prevent a court of The parties may, at any stage of the proceedings,
competent jurisdiction from exercising its power agree in writing to have the matter in dispute
of adjudication over the case before it, where the decided by arbitration by the Lupon Chairman or
defendants failed to object to such exercise of Pangkat.
jurisdiction. (Sps. Santos v. Sps. Lumbao, G.R.
No. 169129, 2007) Effect of Amicable Settlement and Arbitration
Award
Non-compliance with barangay conciliation The amicable settlement and arbitration award
should be raised as an affirmative [defense] in an shall have the force and effect of a final
answer on the ground of failure to comply with the judgement upon the expiration of ten (10) days,
condition precedent, otherwise it is deemed unless a repudiation of the settlement has been
waived. (Tan, 2020) made or a petition to nullify the award has been
filed before the proper city or municipal court.
Amicable Settlement
Any individual who has a cause of action against For cases not falling within the authority of the
another individual involving any matter within the Lupon but refered by the court to the Lupon
authority of the lupon may complain. The before trial for amicable settlement, the
complaint may be done orally or in writing. (RA compromise settlement agreed by the parties
7160, Sec. 410) shall be submitted to the court, and upon
approval thereof, have the effect of a judgement
Interruption of Prescriptive Period: of said court. (RA 7160, Sec. 416)
While the dispute under mediation, conciliation,
or arbitration, the prescriptive periods for offenses
and cause of action under existing laws shall be
E. EXECUTION
interrupted upon filing of the complaint with the
Punong Barangay. The amicable settlement and arbitration award
may be enforced by execution by the lupon within
Conciliation six (6) months from date of settlement. After
No complaint, petition, action, or proceeding such time, it may be enforced by action in
involving any matter within the authority of the appropriate city or municipal court. (RA 7160,
lupon, shall be filed or instituted directly in court Sec. 417)
or any other government office for adjudication,
unless there has been a confrontation between
the parties before the lupon chairman or the
pangkat, and that no conciliation or settlement F. REPUDIATION
has been reached as certified by the lupon
secretary or pangkat secretary as attested to by Repudiation of Settlement
the lupon or pangkat chairman or unless the A party to a dispute may, within ten (10) days from
settlement has been repudiated by the parties the date of settlement, repudiate the same.
thereto. (RA 7160, Sec. 412(a))
Procedure in Repudiation
Filing with the Lupon Chairman a statement to
that effect sworn to before him; where consent is
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ATENEO CENTRAL
vitiated by fraud, violence, or intimidation. (RA

7160, Sec. 418)
Grounds for Repudiation

1. Vitiated consent by
a. Force
b. Violence
c. Intimidation (Tan, 2020)
Page 660 of 711

RULES OF PROCEDURE
FOR SMALL CLAIMS
CASES
Remedial Law
ATENEO CENTRAL
XI. RULES OF PROCEDURE FOR SMALL A. SCOPE AND APPLICABILITY OF THE

CLAIMS CASES RULE
Applicability of the Rules of Civil Procedure

The Rules of Civil Procedure shall apply
suppletorily insofar as they are not inconsistent
A. SCOPE AND APPLICABILITY OF THE
with this Rule. (Sec. 27, A.M. No. 08-8-7-SC, as
RULE
amended)
B. COMMENCEMENT OF SMALL CLAIMS
ACTION; RESPONSE
Small Claims
C. PROHIBITED PLEADINGS AND
These Rules shall govern procedure in actions
MOTIONS
before the:
D. APPEARANCES
1. Metropolitan Trial Courts (MeTCs);
E. HEARING; DUTY OF THE JUDGE
2. Municipal Trial Courts in Cities (MTCCs);
F. FINALITY OF JUDGMENT
3. Municipal Trial Courts (MTCs); and
4. Municipal Circuit Trial Courts (MCTCs) for
payment of money where the value of the
claim does not exceed the jurisdictional
amount of these courts under R.A. 7691
FOUR HUNDRED THOUSAND PESOS
(P400,000.00) for MeTCs and THREE
HUNDRED THOUSAND PESOS
(P300,000.00) for the MTCCs, MTCs and
MCTCs, exclusive of interest and costs. [See
AM 08-8-7-SC: Revised Rules of Procedure
for Small Claims as amended by OCA Circular
No. 45-2019]. This took effect as of April 1,
2019.
BP 22 cases
The court may only entertain the civil aspect as a
small claim if no complaint for the offense has yet
been filed before the Office of the Prosecutor.
This fact must be stated under oath by the plaintiff
in the Statement of Claim, and there should be an
express waiver of such criminal action in the
Verification and Certification of Non-Forum
Shopping. (Riano, p. 153 citing Administrative
Guidelines for Judges, February 16, 2010)
Applicability
The MeTC, MTC in Cities, MTC, and MCTC shall
apply this Rule in all actions that are purely civil
in nature where the claim or relief prayed for by
the plaintiff is solely for payment or
reimbursement of sum of money.
The claim or demand may be:

1. For money owed under any of the following:
a. Contract of Lease;
b. Contract of Loan;
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ATENEO CENTRAL
c. Contract of Services; Cases Covered

d. Contract of Sale; 1. Purely civil in nature where the claim or relief
e. Contract of Mortgage; prayed for by the plaintiff is solely for payment
2. For liquidated damages arising from or reimbursement of sum of money; and
contracts; 2. The civil aspect of criminal actions, either filed
3. The enforcement of a barangay amicable before the institution of the criminal action, or
settlement or an arbitration award involving a reserved upon the filing of the criminal action
money claim covered by this Rule pursuant to in court. (Revised Rules of Criminal
Sec. 417 of the Local Government Code of Procedure, Rule 111)
1991. (Sec. 5)
Note: The amount covered under the Small
If it is for money owed, the claim may arise from: Claims will depend on the date when the case
a. Contract of Lease; was filed. The following rules apply:
b. Contract of Loan;
c. Contract of Services; Rules on the amount of small claims
d. Contract of Sale; or ACP CPG
e. Contract of Mortgage (Riano, p. 151; Sec. 5) Cases filed from
February 1, 2016-
P200,000.00
If the claim be for damages, said claim may arise July 31, 2018
from: (A.M. No. 08-8-7-SC)
a. Fault or negligence; Cases filed from
b. Quasi-contract; or August 1, 2018-
c. Contract (Riano, p. 151; Sec. 5) March 31, 2019 P300,000.00
(OCA Circular No.
While there are various sources of the claims 165-2018)
which can be the subject of a small claims action, Cases filed from
the claims must be solely for money. Hence, a Within Metro Manila:
April 1, 2019
claim for delivery of goods or of documents P400,000.00
onwards
cannot be covered by the Rule. (Riano, p. 151) Outside Metro
(OCA Circular. 45-
Manila: P300,000.00
2019)
The explanatory note of the Rule of Procedure for
Small Claims Cases declares that a suit cannot Venue
be brought in a Small Claims Court to force a A small claims case is filed with the MTC in the
person or business to fix a damaged good, or to city:
demand fulfillment of a promised obligation 1. Where the plaintiff resides;
which is not purely for money. Some of the 2. Where the defendant resides; or
kinds of cases which are allowed as small claims 3. If the plaintiff is engaged in the business of
include the following: lending, banking and similar activities, in the
1. Actual damage caused to vehicles, other city where the defendant resides, if the
personal property, real property or person; plaintiff has a branch in that city.
2. Payment or reimbursement for property,
deposit, or money loaned; Counterclaims within the Coverage of Small
3. Payment for services rendered, insurance Claims
claim, rent, commissions, or for goods sold
and delivered; Compulsory
4. Money claims pursuant to a contract, If at the time the action is commenced, the
warranty, or agreement; and defendant possesses a claim against the plaintiff
5. Purely civil action for payment of money that:
covered by bounced or stopped check. a. Is within the coverage of this Rule, exclusive
(Riano, p. 151) of interests and costs:
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b. Arises out of the same transaction or event banking, and similar activities, and the number of
that is the subject matter of the plaintiff’s claim; small claims cases filed within the calendar year
c. Does not require for its adjudication the regardless of judicial station. (Sec. 6)
joinder of third parties; and
d. Is not subject of another pending action. If plaintiff misrepresents that he/she/it is not
engaged in the business of banking, lending, or
Failure to do so will bar the defendant from suing similar activities when in fact he/she/it is so
on the counterclaim. (Sec. 15) engaged, the Statement of Claim/s shall be
dismissed with prejudice and plaintiff shall be
Permissive meted the appropriate sanctions, such as direct
The defendant may also elect to file a contempt. (Sec. 11)
counterclaim if:
a. It is a claim that does not arise from the same Venue
transaction or occurrence; General Rule: The regular rules on venue shall
b. The amount and nature is within the coverage apply
of the Rule; and Exception: If the plaintiff is engaged in the
c. The prescribed docket fees and other legal business of lending, banking and similar
fees are paid. (Sec. 15) activities, and has a branch within the
municipality or city where the defendant resides,
the Statement of Claim/s shall be filed where that
branch is located.
B. COMMENCEMENT OF SMALL CLAIMS
ACTION; RESPONSE Affidavits
Commencement The affidavits submitted under this Rule shall

A small claims action is commenced by filing with state only facts of direct personal knowledge of
the court an accomplished and verified Statement the affiants or based on authentic records, which
of Claim (Form I-SCC) in duplicate accompanied are admissible in evidence.
by:
1. Certification of Non-Forum Shopping; A violation of this requirement shall subject the
2. Splitting a Single Cause of Action, and party, and the counsel who assisted the party in
Multiplicity of Suits (Form 1-A-SCC) the preparation of affidavits, if any, to appropriate
3. Two (2) duly certified photocopies of the disciplinary action. The inadmissible affidavit(s)
actionable document/s subject of the claim; or portion(s) thereof shall be expunged from the
and record.
4. The affidavits of witnesses and other evidence
to support the claim. The non-submission of the required affidavits will
cause the immediate dismissal of the claim or
No evidence shall be allowed during the hearing counterclaim. (Sec. 9)
which was not attached to or submitted together
with the Statement of Claim, unless good cause Payment of filing fees
is shown for the admission of additional evidence.
The plaintiff shall pay the docket and other legal
No formal pleading, other than the Statement of fees prescribed under Rule 141, unless allowed
Claim/s described in this Rule, is necessary to to litigate as an indigent.
initiate a small claims action. (Sec. 6)
An exemption from the payment of filing fees shall
Requirement when Engaged in Lending, be granted only by the Supreme Court. (Sec. 10).
Banking, and similar activities 1. If more than five (5) small claims are filed by
one party within the calendar year, regardless
The plaintiff must state in the Statement of Claim of the judicial station
if he/she/it is engaged in the business of lending,
Page 664 of 711
ATENEO CENTRAL
An additional filing fee of Php 500 shall be paid Unserved Summons

for every claim filed after the 5th claim, and an If Summons is returned without being served on
additional 100.00 or a total of 600.00 for every any or all of the defendants, the court shall order
claim filed after the 10th claim, and another the plaintiff to cause the service of summons and
100.00 or a total of 700 for every claim filed shall inform the court within thirty (30) days from
after the 15th claim, progressively and notice if said summons was served or not.
cumulatively.
2. If the plaintiff is engaged in the business of Otherwise, the Statement of Claim/s shall be
banking, lending, and similar activities dismissed without prejudice as to those who were
The amount of filing and other legal fees shall not served with summons. (Sec. 12)
be the same as those applicable to cases filed
under the regular rules. (Sec. 10) Response
The defendant shall file with the court and serve
A claim filed with a motion to sue as indigent shall on the plaintiff a duly accomplished and verified
be referred to the Executive Judge for immediate Response with a non-extendible period of 10
action in case of multi-sala courts. days from receipt of the summons.
1.) If the motion is granted by the Executive
Judge The Response shall be accompanied by:
The case shall be raffled off or assigned to the a. Certified photocopies of documents
court designated to hear small claims cases. b. Affidavits of witnesses
2.) If the motion is denied c. Evidence in support thereof (Sec. 13)
The plaintiff shall be given five (5) days within
which to pay the docket fees, otherwise, the NOTE: No evidence shall be allowed during the
case shall be dismissed without prejudice. hearing which was not attached to or submitted
together with the Response, unless good cause
In no case shall a party, even if declared an is shown for the admission of additional evidence.
indigent, be exempt from the payment of the (Sec.13)
P1,000.00 fee for service of summons and
processes. (Sec. 10) Effect of Failure to File Response
1.) Should the defendant fail to file his/her/its
Summons and Notice of Hearing response AND fail to appear on the date set
If no ground for dismissal is found, the court shall: for hearing –
1.) The court shall issue Summons directing the The court shall render judgment on the same
defendant to submit a verified response. day, as may be warranted by the facts alleged
NOTE: The summons to be served on the in the Statement of Claim/s.
defendant is accompanied by a copy of the 2.) Should the defendant fail to file his/her/its
Statement of Claim/s and documents response BUT appears on the date set for
submitted by plaintiff, and a blank Response hearing –
Form to be accomplished by defendant. The court shall ascertain what defense
2.) The court shall issue a Notice of Hearing to he/she/it has to offer which shall constitute
both parties which shall contain: his/her/its response, and proceed to
a. The date of hearing, which shall not be adjudicate the case on the same day as if a
more than thirty (30) days from the filing of Response has been filed. (Sec. 14)
the Statement of Claim/s; and
b. The express prohibition against the filing of Dismissal
a motion to dismiss or any other motion 1.) If the court determines that the case falls
under Sec. 16. under the Rules:
c. A warning that no unjustified a. From the examination of the allegations of
postponement shall be allowed, as the Statement of Claim/s and such
provided under Sec. 21. (Sec.12) evidence attached thereto – the court may,
Page 665 of 711

ATENEO CENTRAL
by itself, dismiss the case outright on any D. APPEARANCES

of the grounds for the dismissal of the
case. General Rule: The parties shall personally
NOTE: The order of dismissal shall state if appear on the designated date of hearing. (Sec.
it is without prejudice. 18)
b. If, during the hearing, the court is able to
determine that there exists a ground for Exceptions:
dismissal of the Statement of Claim/s – the 13. Appearance through a representative must
court may, by itself, dismiss the case even be for a valid cause.
if such ground is not pleaded in the a. The representative must not be a lawyer;
defendant’s Response. b. Must be related to or next-of-kin of the
2.) If the case does not fall under the Rules: individual party; and
The case shall NOT be dismissed if it falls c. Must be authorized under a Special Power
under summary or regular procedure. Instead, of Attorney to enter into an amicable
the case shall be: settlement of the dispute and to enter into
a. Re-docketed under the appropriate stipulations or admissions of facts and of
procedure; and documentary exhibits. (Sec. 18)
b. Returned to the court where it was 2. If the court determines that a party cannot
assigned, subject to the payment of any properly present his/her claim or defense and
deficiency in the applicable regular rate of needs assistance – the court may, in its
filing fees. discretion, allow another individual who is not an
3.) If the case is filed under the regular or attorney to assist that party upon the latter’s
summary procedure but actually falls under consent. (Sec. 19)
this Rule:
The case shall be referred to the Executive The inability of a party to properly present his
Judge for appropriate assignment. (Sec. 11) claim or defense is not a reason to allow the
appearance of an attorney. (Riano, p. 157)
Appearance of Attorneys
C. PROHIBITED PLEADINGS AND
MOTIONS General Rule: No attorney shall appear in
behalf of or represent a party at the hearing
The following pleadings, motions, or petitions Exception: Unless the attorney is the plaintiff
shall not be allowed in the cases covered by this or defendant (Sec. 19)
Rule:
1. Motion to dismiss the Statement of Claim/s; Juridical entities shall not be represented by a
2. Motion for a bill of particulars; lawyer in any capacity. (Sec. 18)
3. Motion for new trial, or for reconsideration of
a judgment, or for reopening of trial; Non-appearance of Parties
4. Petition for relief from judgment; 1.) When plaintiff fails to appear:
5. Motion for extension of time to file pleadings, a. Failure of plaintiff to appear shall be cause
affidavits, or any other paper; for the dismissal of the Statement of
6. Memoranda; Claim/s without prejudice.
7. Petition for certiorari, mandamus, or b. The defendant who appears in the
prohibition against any interlocutory order absence of the plaintiff shall be entitled to
issued by the court; judgment on a permissive counterclaim.
8. Motion to declare the defendant in default; 2.) When defendant fails to appear:
9. Dilatory motions for postponement; a. Same effect as failure to file Response
10. Reply and rejoinder under Sec. 14.
11. Third-party complaints; and b. This shall not apply where one of two or
12. Interventions (Sec. 16) more defendants who are sued under a
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ATENEO CENTRAL
common cause of action and have pleaded F. FINALITY OF JUDGMENT

a common defense appears at the hearing.
3.) When both parties fail to appear: Decision
Dismissal with prejudice of both the Statement 1.) After the hearing – the court shall render its
of Claim/s and the counterclaim. (Sec. 20) decision based on the facts established by the
evidence, within twenty-four (24) hours from
termination of the hearing.
2.) The decision shall immediately be entered by
E. HEARING; DUTY OF THE JUDGE the Clerk of Court in the court docket for civil
cases and a copy thereof forthwith served on
When Hearing is Conducted the parties. (Sec. 24)
The date of the hearing shall be set not more than
thirty (30) days from the filing of the Statement of No Appeal
Claim/s. The date of the hearing is stated in the The decision shall be final, executory, and
Notice of Hearing. (Sec. 12) unappealable. (Sec. 24)
Postponement; When Allowed Execution

A request for postponement of a hearing may be When the decision is rendered, execution shall
granted only upon proof of the physical inability of issue upon motion of the winning party. (Sec. 25)
the party to appear before the. Court on the ————- end of topic ————-
scheduled date and time. (Sec. 21)
A party may avail of only one (1) postponement.

(Sec. 21)
Duty of the Court

At the beginning of the court session, the judge
shall read aloud a short statement explaining:
1.) The nature;
2.) Purpose; and
3.) The rule of procedure of small claims cases
(Sec. 22)
Hearing
At the hearing, the judge shall first exert efforts to
bring the parties to an amicable settlement of
their dispute. (Sec. 23)
If efforts at settlement fail – the hearing shall

immediately proceed in an informal and
expeditious manner and be terminated within the
same day. (Sec. 23)
Any settlement or resolution of the dispute shall

be:
1.) Reduced into writing;
2.) Signed by the parties; and
3.) Submitted to the court for approval (Sec. 23)
Page 667 of 711

RULES OF PROCEDURE
FOR ENVIRONMENTAL
CASES
Remedial Law
ATENEO CENTRAL
XII. RULES OF PROCEDURE FOR A. SCOPE AND APPLICABILITY OF THE

ENVIRONMENTAL CASES (AM No. 09-6- RULE
8-SC)
What is the scope and applicability of these
rules?
These Rules shall govern the procedure in civil,
A. SCOPE AND APPLICABILITY OF THE
criminal and special civil actions before RTCs,
RULE
MeTCs, MTCCs, MTCs, and MCTCs involving
B. CIVIL PROCEDURE
enforcement or violations of environmental and
C. SPECIAL PROCEEDINGS
other related laws, rules and regulations. (Rule 1,
D. CRIMINAL PROCEDURE
Sec. 2)
E. EVIDENCE
These Rules apply to environmental cases
arising from laws that relate to the conservation,
development, preservation, protection and
utilization of the environment and natural
resources. These may include environmental
laws and those laws that may contain provisions
that relate to the environment but are not
environmental laws per se.
Further, these Rules may apply in other suits not

necessarily based on environmental laws or laws
containing environmental provisions. (Supreme
Court Annotations to A.M. No. 09-6-8-SC, Rules
of Procedure for Environmental Cases, pp. 100-
101 [hereinafter Annotations to A.M. No. 09-6-8-
SC])
NOTE: The Rules remain consistent with

prevailing jurisprudence regarding the doctrine of
exhaustion of administrative remedies and
primary jurisdiction.
Can all RTCs, MeTCs, MTCCs, MTCs, and

MCTCs try, hear, and decide environmental
cases?
No. The courts referred to in Rule 1, Sec. 2 are
those designated as special courts to try, hear,
and decide environmental cases under
Administrative Order No. 23-2008 and those
designated thereafter. (Annotations to A.M. No.
09-6-8-SC, p. 101)
Page 669 of 711

ATENEO CENTRAL
B. CIVIL PROCEDURE
What pleadings and motions are allowed?
1. PROHIBITION AGAINST TEMPORARY 1. Complaint;
RESTRAINING ORDER AND PRELIMINARY 2. Answer;
INJUNCTION 3. Compulsory counterclaim;
4. Cross-claim;
General Rule: No court can issue a TRO or writ 5. Motion for Intervention;
of preliminary injunction against lawful actions of 6. Motion for Discovery; and
government agencies that enforce environmental 7. Motion for Reconsideration of Judgment
laws or prevent violations thereof. (Rule 2, Sec. 1)
Exception: Supreme Court (Rule 2, Sec. 10)
In highly meritorious cases, these additional
2. PRE-TRIAL CONFERENCE; CONSENT pleadings are allowed:
DECREE 1. Motion for Postponement;
2. Motion for New Trial; and
The judge shall put the parties and their counsels
3. Petition for Relief from Judgment (Rule 2, Sec.
under oath, and they shall remain under oath in
1)
all pre-trial conferences.
Note: The enumeration in this section is
The judge shall exert best efforts to persuade the
exclusive and must be read in conjunction with
parties to arrive at a settlement of the dispute.
Rule 2, Sec. 2. (Annotations to A.M. No. 09-6-8-
SC, p. 107)
The judge may issue a consent decree
approving the agreement between the parties in
For the pleadings in highly meritorious cases, the
accordance with law, morals, public order and
satisfaction of these conditions is required since
public policy to protect the right of the people to a
these motions are prone to abuse during
balanced and healthful ecology. (Rule 3, Sec. 5)
litigation. Motion for intervention is permitted in
order to allow the public to participate in the filing
Consent decree refers to a judicially-approved
and prosecution of environmental cases, which
settlement between concerned parties based on
are imbued with public interest. Petitions for
public interest and public policy to protect and
certiorari are likewise permitted since these raise
preserve the environment (Rule 1, Sec. 4[b])
fundamental questions of jurisdiction.
(Annotations to A.M. No. 09-6-8-SC, p. 109)
What is the effect of evidence not presented
during pre-trial?
Note: While the enumeration of prohibited
pleadings have been adopted in part from the
General Rule: Evidence not presented during the
Rule on Summary Procedure in response to the
pre-trial shall be deemed waived.
question of delay which often accompanies
Exception: Newly-discovered evidence
regular cases, summary procedure is not adopted
3. PROHIBITED PLEADINGS AND in its entirety given the complex and wide range
MOTIONS of environmental cases. Procedural safeguards
have been introduced for truly complex cases
What pleadings and motions are prohibited? which may necessitate further evaluation from the
1. Motion to Dismiss the Complaint; court. (Annotations to A.M. No. 09-6-8-SC, p.
2. Third-Party Complaint; 108)
3. Motion for Bill of Particulars;
4. Reply and Rejoinder;
5. Motion for Extension of Time to File Pleadings
(except to File Answer)
6. Motion to Declare Defendant in Default (Rule
2, Sec. 2)
Page 670 of 711
ATENEO CENTRAL
4. TEMPORARY ENVIRONMENTAL Is the judgment executory pending appeal?

PROTECTION ORDER (RULE 2, SEC. 8) Yes, any judgment directing the performance of
acts for the protection, preservation or
When will a Temporary Environmental rehabilitation of the environment shall be
Protection Order (TEPO) be issued? executory pending appeal unless restrained by
If it appears from the verified complaint with a the appellate court (Rule 5, Sec. 2)
prayer for the issuance of an Environmental
Protection Order (EPO) that the matter is of When will the process of execution
extreme urgency and the applicant will suffer terminate?
grave injustice and irreparable injury. Upon a sufficient showing that the decision or
order has been implemented to the satisfaction of
the court in accordance with Section 14, Rule 39
Who may issue ex parte a TEPO? of the Rules of Court (Rule 5, Sec. 5).
1. The executive judge of the multiple-sala court
before raffle or 6. PERMANENT ENVIRONMENTAL
2. The presiding judge of a single-sala PROTECTION ORDER; WRIT OF
CONTINUING MANDAMUS
For how long is the TEPO effective?
Only for seventy-two (72) hours from date of the Is the court allowed to convert the TEPO to a
receipt of the TEPO by the party or person permanent EPO or issue a writ of continuing
enjoined. mandamus?
Within said period, the court where the case is Yes. In the judgment, the court may convert the
assigned, shall conduct a summary hearing to TEPO to a permanent EPO or issue a writ of
determine whether the TEPO may be extended continuing mandamus. The writ of continuing
until the termination of the case. mandamus serves to direct the performance of
acts which shall be effective until the judgment is
What must the court do after issuing the fully satisfied. (Rule 5, Sec. 3).
TEPO?
The court where the case is assigned, shall Who will monitor the performance of acts until
periodically monitor the existence of acts that are the judgment is fully satisfied?
the subject matter of the TEPO even if issued by 1. The court or
the executive judge, and may lift the same at any 2. Appropriate government agency (Rule 5, Sec.
time as circumstances may warrant. 3).
5. JUDGMENT AND EXECUTION; RELIEFS How will the acts be monitored?

IN A CITIZEN’S SUIT By requiring the party concerned to submit written
reports on a quarterly basis or sooner as may be
What are the reliefs in a citizen’s suit? necessary, detailing the progress of the execution
If warranted, the court may grant to the plaintiff and satisfaction of the judgment. The other party
proper reliefs which shall include the following: may, at its option, submit its comments or
1. Protection, preservation or rehabilitation of the observations on the execution of the judgment
environment; (Rule 5, Sec. 3).
2. Payment of attorney’s fees, costs of suit and
other litigation expenses 7. STRATEGIC LAWSUIT AGAINST PUBLIC
3. Require the violator to submit a program of PARTICIPATION
rehabilitation or restoration of the
environment, the costs of which shall be borne What is a strategic lawsuit against public
by the violator, or to contribute to a special participation or SLAPP?
trust fund for that purpose subject to the
control of the court (Rule 5, Sec. 1). Strategic lawsuit against public participation
(SLAPP) refers to an action whether civil, criminal
or administrative, brought against any person,
Page 671 of 711
ATENEO CENTRAL
institution or any government agency or local and rehabilitation of the environment (Rule 6,
government unit or its officials and employees, Sec. 3).
with the intent to harass, vex, exert undue
pressure or stifle any legal recourse that such What is the quantum of evidence required of
person, institution or government agency has the party filing the action assailed as a
taken or may take in the enforcement of SLAPP?
environmental laws, protection of the The party filing the action assailed as a SLAPP
environment or assertion of environmental rights shall prove by preponderance of evidence that
(Rule 1, Sec. 4[g]). the action is not a SLAPP and is a valid claim
(Rule 6, Sec. 3).
It is a legal action filed to harass, vex, exert undue
pressure or stifle any legal recourse that any Within what period should the resolution of
person, institution or the government has taken or the defense of a SLAPP be?
may take in the enforcement of environmental It shall be resolved within thirty (30) days after the
laws, protection of the environment or assertion summary hearing (Rule 6, Sec. 4).
of environmental rights (Rule 6, Sec. 1).
What may the court award when it dismisses
How is the SLAPP as a defense alleged? the action?
It may award damages, attorney’s fees and costs
The defendant may file an answer interposing as of suit under a counterclaim if such has been filed
a defense that the case is a SLAPP and shall be and the dismissal shall be with prejudice (Rule
supported by documents, affidavits, papers and 6, Sec. 4).
other evidence; and, by way of counterclaim,
pray for damages, attorney’s fees and costs of What is the effect if the court rejects the
suit. defense of a SLAPP?
If the court rejects the defense of a SLAPP, the
The court then shall direct the plaintiff or adverse evidence adduced during the summary hearing
party to file an opposition showing the suit is not shall be treated as evidence of the parties on the
a SLAPP, attaching evidence in support thereof, merits of the case. The action shall proceed in
within a non-extendible period of five (5) days accordance with the Rules of Court (Rule 6, Sec.
from receipt of notice that an answer has been 4)
filed.
The defense of a SLAPP shall be set for hearing

by the court after issuance of the order to file an C. SPECIAL PROCEEDINGS
opposition within fifteen (15) days from filing of
the comment or the lapse of the period (Rule 6,
1. WHAT IS A WRIT OF KALIKASAN
Sec. 2).
It is a remedy available to a natural or juridical
person, entity authorized by law, people’s
What is the nature of the hearing on the
organization, non-governmental organization, or
defense of a SLAPP?
any public interest group accredited by or
It shall be summary in nature. The parties must
registered with any government agency, on
submit all available evidence in support of their behalf of persons whose constitutional right to a
respective positions (Rule 6, Sec. 3).
balanced and healthful ecology is violated, or
threatened with violation by an unlawful act or
What is the quantum of evidence required of
omission of a public official or employee, or
the party seeking the dismissal of the case?
private individual or entity, involving
The party seeking the dismissal of the case must
environmental damage of such magnitude as to
prove by substantial evidence that his act for
prejudice the life, health or property of inhabitants
the enforcement of environmental law is a
in two or more cities or provinces. (Rule 7,
legitimate action for the protection, preservation
Sec. 1)
Page 672 of 711
ATENEO CENTRAL
or employee, or private individual or entity;

The concept of continuing mandamus was first and
introduced in Metropolitan Manila Development 3. The actual or threatened violation involves or
Authority v. Concerned Residents of Manila Bay. will lead to an environmental damage of such
Now cast in stone under Rule 8 of the Rules, the magnitude as to prejudice the life, health or
writ of continuing mandamus enjoys a distinct property of inhabitants in two or more cities or
procedure than that of ordinary civil actions for provinces (Segovia v. The Climate Change
the enforcement/violation of environmental laws Commission, G.R. No. 211010, 2017)
(Dolot vs. Paje, G.R. No. 199199, August 27,
2013). Petitioner has the burden to prove the
following:
What is the nature of Writ of Kalikasan? 1. Environmental law, rule or regulation violated
It is an extraordinary remedy that deals with or threatened to be violated;
damage that transcends political and territorial 2. Act or omission complained of; and
boundaries. Magnitude is measured by the 3. The environmental damage of such
degree of environmental damage that prejudices magnitude as to prejudice the life, health or
the life, health or property of inhabitants in two or property of inhabitants in two or more cities or
more cities or provinces. (A.M. No. 09-6-8-SC, p. provinces
133)
A party claiming the privilege for the issuance of
Who may avail of the writ? a Writ of Kalikasan has to show that a law, rule or
1. A natural or juridical person; regulation was violated or would be violated.
2. Entity authorized by law; or (LNL Archipelago Minerals, Inc. v. Agham Party
3. People’s organization, non-governmental List, G.R. No. 209165, 2016)
organization, or any public interest group
accredited by or registered with any Absent a showing that the executive is guilty of
government agency “on behalf of persons “gross abuse of discretion, manifest injustice or
whose constitutional right to a balanced and palpable excess of authority,” the general rule
healthful ecology is violated. (Rule 7, Sec. 1) applies that discretion cannot be checked via
this petition for continuing mandamus. (Segovia
The requirement of accreditation of a group or vs. The Climate Change Commission, G.R. No.
organization is for the purpose of verifying 211010, 2017)
its existence. The accreditation is a mechanism
to prevent “fly by night” groups from abusing the Where to file the petition?
writ. (A.M. No. 09-6-8-SC, p. 133) The petition shall be filed with
1. The Supreme Court or
What acts are covered by the writ? 2. With any of the stations of the Court of
The unlawful act or omission of a public official or Appeals (Rule 7, Sec. 3)
employee, or private individual or entity, involving
environmental damage of such magnitude as to NOTE: The petitioner is exempt from the payment
prejudice the life, health or property of inhabitants of docket fees. (Rule 7, Sec. 4)
in two or more cities or provinces. (A.M. No. 09-
6-8-SC, p. 133) What is the effect of filing the petition?
The filing of a petition for the issuance of the writ
Requisites for the writ to issue: of kalikasan shall not preclude the filing of
1. There is an actual or threatened violation of separate civil, criminal or administrative actions
the constitutional right to a balanced and (Rule 7, Sec. 16)
healthful ecology;
2. The actual or threatened violation arises from How is the writ served?
an unlawful act or omission of a public official The writ should be served against the
respondent, preferably in person. If personal
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service cannot be made, the rules on substituted What is the mode of appeal?
service shall apply. (Rule 7, Sec. 6) Within fifteen (15) days from the date of notice of
the adverse judgment or denial of motion for
What must the return contain? reconsideration, any party may appeal to the
The respondent must state all defenses to show Supreme Court under Rule 45 of the Rules of
that he did not: Court. The appeal may raise questions of fact
 Violate (Rule 7, Sec. 16)
 Threaten to violate
 Allow the violation of any environmental law, 2. PROHIBITED PLEADINGS AND
rule, or regulation; or MOTIONS
 Commit any act resulting to environmental
What pleadings and motions are prohibited?
damage of such magnitude as to prejudice the
a. Motion to dismiss;
life, health, or property of inhabitants of two or
b. Motion for extension of time to file return;
more cities (Rule 7, Sec. 8)
c. Motion for postponement;
d. Motion for a bill of particulars;
All defenses not raised are deemed waived. A
e. Counterclaim or cross-claim;
general denial of allegations in the petition shall
f. Third-party complaint;
be considered an admission thereof (Rule 7, Sec.
g. Reply; and
8)
h. Motion to declare respondent in default. (Rule
7, Sec. 9)
What is the effect of failure to file a return?
In case the respondent fails to file a return, the
NOTE: A motion for intervention is excluded from
court shall proceed to hear the petition ex parte
this enumeration. (A.M. No. 09-6-8-SC, p. 136)
(Rule 7, Sec. 10)
3. WHAT DISCOVERY MEASURES ARE
What reliefs may be granted under the writ? AVAILABLE TO THE PARTIES?
 Directing respondent to permanently cease
and desist from committing acts or neglecting (a) Ocular Inspection; order
the performance of a duty in violation of ● The motion must show that an ocular
environmental laws resulting in environmental inspection order is necessary to establish
destruction or damage; the magnitude of the violation or the threat
 Directing the respondent public official, as to prejudice the life, health or property
government agency, private person or entity of inhabitants in two or more cities or
to protect, preserve, rehabilitate or restore the provinces.
environment; ● It shall state in detail the place or places to
 Directing the respondent public official, be inspected.
government agency, private person or entity ● It shall be supported by affidavits of
to monitor strict compliance with the decision witnesses having personal knowledge of
and orders of the court; the violation or threatened violation of
 Directing the respondent public official, environmental law.
government agency, or private person or ● After hearing, the court may order any
entity to make periodic reports on the person in possession or control of a
execution of the final judgment; and designated land or other property to permit
 Such other reliefs which relate to the right of entry for the purpose of inspecting or
the people to a balanced and healthful photographing the property or any relevant
ecology or to the protection, preservation, object or operation thereon.
rehabilitation or restoration of the ● The order shall specify the person or
environment, except the award of damages to persons authorized to make the inspection
individual petitioners (Rule 7, Sec. 15) and the date, time, place and manner of
making the inspection and may prescribe
other conditions to protect the
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constitutional rights of all parties. (Rule 7, The person aggrieved thereby may file a verified
Sec. 12) petition in the proper court:
(b) Production or inspection of documents or 1. Alleging the facts with certainty, attaching
things; order thereto supporting evidence, specifying that
● The motion must show that a production the petition concerns an environmental law,
order is necessary to establish the rule or regulation, and
magnitude of the violation or the threat as 2. Praying that judgment be rendered
to prejudice the life, health or property of commanding therespondent to do an act or
inhabitants in two or more cities or series of acts until the judgment is fully
provinces. satisfied, and
● After hearing, the court may order any 3. To pay damages sustained by the petitioner
person in possession, custody or control of by reason of the malicious neglect to perform
any designated documents, papers, the duties of the respondent, under the law,
books, accounts, letters, photographs, rules or regulations.
objects or tangible things, or objects in
digitized or electronic form, which The petition shall also contain a sworn
constitute or contain evidence relevant to certification of non-forum shopping. (Rule 8, Sec.
the petition or the return, to produce and 1)
permit their inspection, copying or
photographing by or on behalf of the Where is the petition filed?
movant. The petition shall be filed with the
● The production order shall specify the 1. Regional Trial Court exercising jurisdiction
person or persons authorized to make the over the territory where the actionable neglect
production and the date, time, place and or omission occurred or
manner of making the inspection or 2. Court of Appeals
production and may prescribe other 3. Supreme Court (Rule 8, Sec. 2)
conditions to protect the constitutional
rights of all parties (Rule 7, Sec. 12) NOTE: The petitioner shall be exempt from the
payment of docket fees. (Rule 8, Sec. 3)
4. WHAT IS A WRIT OF CONTINUING
MANDAMUS? Procedurally, its filing before the courts is similar
to the filing of an ordinary writ of mandamus.
When any agency or instrumentality of the However, the issuance of a Temporary
government or officer thereof: Environmental Protection Order is made
1. Unlawfully neglects the performance of an act available as an auxiliary remedy prior to the
which the law specifically enjoins as a duty issuance of the writ itself.
resulting from an office, trust or station in
connection with the enforcement or violation It may be availed of to compel the performance of
of an environmental law rule or regulation or a an act specifically enjoined by law. It permits the
right therein, or court to retain jurisdiction after judgment in order
2. Unlawfully excludes another from the use or to ensure the successful implementation of the
enjoyment of such right and there is no other reliefs mandated under the court’s decision.
plain, speedy and adequate remedy in the
ordinary course of law: For this purpose, the court may compel the
submission of compliance reports from the
respondent government agencies (A.M. No. 09-
6-8-SC, p. 142)
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Writ of Kalikasan v. Writ of Continuing Mandamus

Writ of Kalikasan Writ of Continuing Mandamus
Subject matter
Available against an unlawful act or omission of a Directed against:

public official or employee, or private individual or (a) the unlawful neglect in the performance of an
entity, involving environmental damage of such act which the law specifically enjoins as a duty
magnitude as to prejudice the life, health or resulting from an office, trust or station in
property of inhabitants in two or more cities or connection with the enforcement or violation of an
provinces environmental law rule or regulation or a right
therein; or
Magnitude of environmental damage is a condition
sine qua non in a petition for the issuance of a Writ (b) the unlawfully exclusion of another from the use
of Kalikasan and must be contained in the verified or enjoyment of such right and in both instances,
petition. there is no other plain, speedy and adequate
remedy in the ordinary course of law
Who may file
Natural or juridical person, entity authorized by law, Only the one who is personally aggrieved by the
people’s organization, non-governmental unlawful act or omission
organization, or any public interest group
accredited by or registered with any government
agency, on behalf of persons whose right to a
balanced and healthful ecology is violated or
threatened to be violated
Respondent
May be a private individual or entity Only the government or its officers
Exemption from docket fees
Both are exempted Both are exempted
Venue
(a) Supreme Court or (a) The Regional Trial Court exercising jurisdiction
(b) any of the stations of the Court of Appeals over the territory where the actionable neglect or
omission occurred;
(b) The Court of Appeals; or
(c) The Supreme Court
Discovery measures
Incorporates the procedural environmental right of Does not contain any provision for discovery
access to information through the use of discovery measures
measures such as ocular inspection order and
production order
Damages for personal injury
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No damages may be awarded. Allows damages for the malicious neglect of the
performance of the legal duty of the respondent,
A party who avails of this petition but who also identical to Rule 65, Rules of Court
wishes to be indemnified for injuries suffered may
file another suit for the recovery
of damages since the Rule on the Writ of Kalikasan
allows for the institution of separate actions.
(A.M. No. 09-6-8-SC, p. 142)
D. CRIMINAL PROCEDURE 3. ARREST WITHOUT WARRANT, WHEN

VALID
1. WHO MAY FILE
When is an arrest without warrant valid?
Who may file a complaint for violations of A peace officer or an individual deputized by the
environmental and other related laws, rules proper government agency may, without a
and regulations? warrant, arrest a person:
1. Offended Party (a) When, in his presence, the person to be
2. Peace officer arrested has committed, is actually committing
3. Any public officer charged with the or is attempting to commit an offense; or
enforcement of an environmental law (Rule 9, (b) When an offense has just been committed, and
Sec. 1) he has probable cause to believe based on
personal knowledge of facts or circumstances
2. INSTITUTION OF CRIMINAL AND CIVIL that the person to be arrested has committed it.
ACTION (Rule 11, Sec 1)
When is the civil action for violation of 4. PROCEDURE IN THE CUSTODY AND
environmental laws not deemed instituted with DISPOSITION OF SEIZED ITEMS
the criminal action?
When a criminal action is instituted, the civil action In the absence of applicable laws or rules
for the recovery of civil liability arising from the promulgated by the concerned government
offense charged, shall be deemed instituted with agency, what procedure shall be observed for
the criminal action, unless the complainant: the custody and disposition of seized items?
 Waives the civil action, (a) The apprehending officer having initial custody
 Reserves the right to institute it separately or and control of the seized items, equipment,
 Institutes the civil action prior to the criminal paraphernalia, conveyances and instruments
action. (Rule 10, Sec. 1) shall physically inventory and whenever
practicable, photograph the same in the
When should the reservation to institute a presence of the person from whom such items
separate civil action be made? were seized.
During arraignment (Rule 10, Sec. 1) (b) Thereafter, the apprehending officer shall
submit to the issuing court the return of the
To whom shall damages accrue where there is search warrant within five (5) days from date of
no private offended party? seizure or in case of warrantless arrest, submit
The damages awarded in cases where there is no within five (5) days from date of seizure, the
private offended party, less the filing fees, shall inventory report, compliance report,
accrue to the funds of the agency charged with the photographs, representative samples and
implementation of the environmental law violated. other pertinent documents to the public
The award shall be used for the restoration and prosecutor for appropriate action.
rehabilitation of the environment adversely (c) Upon motion by any interested party, the court
affected.(Rule 10, Sec. 1) may direct the auction sale of seized items,
equipment, paraphernalia, tools or instruments
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of the crime. The court shall, after hearing, fix SC, Rules of Procedure for Environmental Cases,
the minimum bid price based on the p. 150)
recommendation of the concerned government
agency. The sheriff shall conduct the auction. 6. ARRAIGNMENT AND PLEA
(d) The auction sale shall be with notice to the
accused, the person from whom the items were When should the accused be set for
seized, or the owner thereof and the concerned arraignment?
government agency. The court shall set the arraignment of the accused
(e) The notice of auction shall be posted in three within fifteen (15) days from the time it acquires
conspicuous places in the city or municipality jurisdiction over the accused, with notice to the
where the items, equipment, paraphernalia, public prosecutor and offended party or concerned
tools or instruments of the crime were seized. government agency that it will entertain plea-
(f) The proceeds shall be held in trust and bargaining on the date of the arraignment. (Rule
deposited with the government depository bank 15, Sec. 1)
for disposition according to the judgment. (Rule
12, Sec. 2) In cases where the prosecution and offended
party or concerned government agency agree
5. BAIL to the plea offered by the accused, what must
the court do?
How much is the bail? a. Issue an order which contains the plea-
The amount of bail is fixed by the court (Rule 14, bargaining arrived at;
Sec. 1) b. Proceed to receive evidence on the civil aspect
of the case, if any; and
Where is bail filed? c. Render and promulgate judgment of
Bail in the amount fixed may be filed: conviction, including the civil liability for
 With the court where the case is pending, or in damages. (Rule 15, Sec.2)
the absence or unavailability of the judge
thereof, 7. PRE-TRIAL
 With any regional trial judge, metropolitan trial
When must the court set the case for pre-trial
judge, municipal trial judge or municipal circuit
conference?
trial judge in the province, city or municipality.
After the arraignment, the court shall set the pre-
trial conference within thirty (30) days. It may refer
If the accused is arrested in a province, city or
the case to the branch clerk of court, if warranted,
municipality other than where the case is pending,
for a preliminary conference to be set at least three
bail may also be filed:
(3) days prior to the pre-trial. (Rule 16, Sec. 1)
 With any Regional Trial Court of said place, or
 If no judge thereof is available, with any
All questions or statements must be directed to the
metropolitan trial judge, municipal trial judge or court. (Rule 16, Sec. 4)
municipal circuit trial judge therein. (Rule 14,
Sec. 1)
When should the court issue the pre-trial
order?
If the court grants bail, the court may issue a hold-
The court shall issue a pre-trial order within ten
departure order in appropriate cases. (Rule 14,
(10) days after the termination of the pre-trial,
Sec. 1)
setting forth the actions taken during the pre-trial
conference, the facts stipulated, the admissions
This section makes available to the accused the
made, evidence marked, the number of witnesses
privilege of bail from any court, within and outside
to be presented and the schedule of trial. The
the jurisdiction of the court which issued the
order shall bind the parties and control the course
warrant of arrest. The immediate availability of bail
of action during the trial. (Rule 16, Sec. 7)
is intended to obviate long periods of detention.
(Supreme Court Annotations to A.M. No. 09-6-8-
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What are the purposes of the preliminary E. EVIDENCE

conference?
The preliminary conference shall be for the 1. PRECAUTIONARY PRINCIPLE
following purposes:
 To assist the parties in reaching a settlement of Precautionary principle
the civil aspect of the case; States that when human activities may lead to
 To mark the documents to be presented as threats of serious and irreversible damage to the
exhibits; environment that is scientifically plausible but
uncertain, actions shall be taken to avoid or
 To attach copies thereof to the records after
diminish that threat. (Rule I, Sec. 4(f))
comparison with the originals;
 To ascertain from the parties the undisputed
When is the precautionary principle
facts and admissions on the genuineness and
applicable?
due execution of documents marked as
When there is a lack of full scientific certainty in
exhibits;
establishing a causal link between human activity
 To consider such other matters as may aid in
and environmental effect, the court shall apply the
the prompt disposition of the case;
precautionary principle in resolving the case
 To record the proceedings during the
before it. (Rule 20, Sec. 1)
preliminary conference in the Minutes of
Preliminary Conference to be signed by the
The precautionary principle shifts the burden of
parties and counsel;
evidence of harm away from those likely to suffer
 To mark the affidavits of witnesses which shall harm and onto those desiring to change the status
be in question and answer form and shall quo. Its application is generally limited to cases
constitute the direct examination of the where there is doubt in the evidence available.
witnesses; and (A.M. No. 09-6-8-SC, p. 158)
 To attach the Minutes and marked exhibits to
the case record before the pre-trial proper. The The precautionary principle shall only be relevant
parties or their counsel must submit to the if there is concurrence of three elements, namely:
branch clerk of court the names, addresses uncertainty, threat of environmental damages,
and contact numbers of the affiants (Rule 16, and serious or irreversible harm.
Sec. 2)
In situations where the threat is relatively certain,
8. SUBSIDIARY LIABILITIES
or that the causal link between an action and
In case of conviction of the accused and subsidiary environmental damage can be established, or the
liability is allowed by law, the court may, by motion probability of occurrence can be calculated, only
of the person entitled to recover under judgment, preventive, not precautionary measures may be
enforce such subsidiary liability against a person taken.
or corporation subsidiary liable under Article 102
and Article 103 of the Revised Penal Code. (Rule Neither will the principle apply if there is no
18, Sec.1) indication of threat of environmental harm, or if the
threatened harm is trivial or easily reversible. (City
Government of Davao v. CA, G.R. No. 189305,
Aug 16, 2016)
In this case, there has been no scientific study on

the matter. Although the precautionary principle
allows lack of full scientific certainty in establishing
a connection between serious or irreversible harm
and the human activity, its application is still
premised on empirical studies. Scientific analysis
is still a necessary basis for effective policy
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choices under the precautionary principle. The 1. Photographs, videos and similar evidence of
principle cannot be used in sustaining the ban events, acts, transactions of wildlife, wildlife by-
against aerial spraying if little or nothing is known products or derivatives, forest products or
of the exact or potential dangers it may bring to the mineral resources subject of a case shall be
health of the residents within the plantations and admissible when authenticated by the person
the integrity of the environment. (City Government who took the same, by some other person
of Davao v. CA, G.R. No. 189305, 2016) present when said evidence was taken, or by
any other person competent to testify on the
When these features — uncertainty, the accuracy thereof. (Rule 21, Sec. 1)
possibility of irreversible harm, and the 2. Entries in official records made in the
possibility of serious harm — coincide, the case performance of his duty by a public officer of
for the precautionary principle is strongest. the Philippines, or by a person in performance
of a duty specially enjoined by law, are prima
When in doubt, cases must be resolved in favor of facie evidence of the facts therein stated. (Rule
the constitutional right to a balanced and healthful 21, Sec 2)
ecology. Parenthetically, judicial adjudication is ————end of topic ————
one of the strongest fora in which the
precautionary principle may find applicability.
The Court finds all the three conditions present in

this case. While the goal of increasing crop yields
to raise farm incomes is laudable, independent
scientific studies revealed uncertainties due to
unfulfilled economic benefits from Btcrops and
plants, adverse effects on the environment
associated with use of GE technology in
agriculture, and serious health hazards from
consumption of GM foods.
For a biodiversity-rich country like the Philippines,

the natural and unforeseen consequences of
contamination and genetic pollution would be
disastrous and irreversible. (International Service
for the Acquisition of Agri-Biotech Applications v.
Greenpeace, G.R. No. 209271, Dec 8, 2015)
What are the standards for the application of

the precautionary principle?
The following factors, among others, may be
considered:
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. (Rule 20, Sec. 2)
2. DOCUMENTARY EVIDENCE
What are the rules governing documentary

evidence in environmental cases?
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ALTERNATIVE
DISPUTE
RESOLUTION
Remedial Law
ATENEO CENTRAL
XIII. ALTERNATIVE DISPUTE A. TYPES OF PROCESSES AND

RESOLUTION PROCEDURES IN ALTERNATIVE
DISPUTE RESOLUTION
Alternative Dispute Resolution System
A. Types of Processes and Procedures in Any process or procedures used to resolve a
Alternative Dispute Resolution; comparison dispute or controversy, other than by adjudication
with Court-Annexed Mediation of a presiding judge of a court or an officer of a
B. Domestic Arbitration government agency, as defined in the ADR Act, in
C. Judicial Review of Arbitral Awards which neutral third person participates to assist in
D. Appeal from court decisions on arbitral the resolution of issues, Including arbitration,
awards mediation, conciliation, early neutral evaluation,
E. Venue and Jurisdiction mini-trial or any combination thereof (RA 9285,
F. Special Rules of Court on Alternative Dispute Sec. 3 (a))
Resolution
a. Subject matter Arbitration
b. Summary proceedings in certain cases
A voluntary dispute resolution process in which
c. Prohibited Submissions
one or more arbitrators, appointed in accordance
d. Judicial Relief involving existence, validity,
with the agreement of the parties, or rules
and enforceability of arbitration agreements
promulgated pursuant to this Act, resolve a dispute
e. Interim measures of protection
by rendering an award (RA 9285, Sec. 3 (d)).
f. Enforcement and recognition or setting aside
of an international commercial arbitral award
g. Recognition and enforcement of a foreign Commercial Arbitration
arbitral award An arbitration is "commercial if it covers matter
h. Special civil action for certiorari arising from all relationships of a commercial
nature, whether contractual or not (RA 9285, Sec.
3 (g)).
Note: International commercial arbitration shall be

governed by the Model Law on International
Commercial Arbitration adopted by the United
Nations Commission on International Trade Law
(RA 9285, Sec. 19).
Early Neutral Evaluation

An ADR process wherein parties and their lawyers
are brought together early in the pre-trial phase to
present summaries of their cases and to receive a
non-binding assessment by an experienced
neutral person, with expertise in the subject matter
or substance of the dispute (DOJ Circular No. 98,
Art. 1.6 (E) (1))
Mediation
A voluntary process in which a mediator, selected
by the disputing parties, facilitates communication
and negotiation, and assist the parties in reaching
a voluntary agreement regarding a dispute (RA
9285, Sec. 3 (q)).
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Ad hoc Mediation thus be invoked regardless of the possible

Any arbitration or mediation other than institutional nullity or invalidity of the main contract (Cargil
or court-annexed (DOJ Circular No. 98, Art. 1.6 (B) Philippines, Inc. v. San Fernando Regala
(1)) Trading, Inc., G.R. No. 175404, Jan. 31, 2011)
Institutional Mediation 3. Party Autonomy

Any mediation process conducted under the rules
of a mediation institution (DOJ Circular No. 98, Art. The contracting parties may establish such
1.6 (B) (2)) stipulations, clauses, terms and conditions as
they may deem convenient, provided they are
Mediation-Arbitration or Med-Arb not contrary to law, morals, good customs,
Aa two-step dispute resolution process involving public order, or public policy (Art. 1306 of the
mediation and then followed by arbitration (DOJ New Civil Code)
Circular No. 98, Art. 1.6 (E) (2)).
4. Confidential Information
Mini-trial
A structured dispute resolution method in which Generally, any information, relative to the
the merits of a case are argued before a panel subject of mediation or arbitration, expressly
comprising of senior decision-makers, with or intended by the source not to be disclosed, or
without the presence of a neutral third person, obtained under circumstances that would
before which the parties seek a negotiated create a reasonable expectation on behalf of
settlement (DOJ Circular No. 98, Art. 1.6 (E) (3)). the source that the information shall not be
disclosed.
Important principles in Alternative Dispute
Resolution It shall include:
1. Kompetenz-Kompetenz Principle (a) communication, oral or written, made in a
dispute resolution proceedings, including
The arbitral tribunal shall be accorded the first any memoranda, notes or work product of
opportunity or competence to rule on the issue the neutral party or non-party participant, as
of whether or not it has the competence or defined in this Act;
jurisdiction to decide a dispute submitted to it (b) an oral or written statement made or which
for decision, including any objection with occurs during mediation or for purposes of
respect to the existence or validity of the considering, conducting, participating,
arbitration agreement (A.M. No. 07-11-08-SC, initiating, continuing of reconvening
Rule 2.4) mediation or retaining a mediator; and
(c) pleadings, motions manifestations, witness
2. Doctrine of Separability statements, reports filed or submitted in an
arbitration or for expert evaluation (Sec. 3
The arbitration agreement be treated as a (h), RA 9285)
separate agreement. It is independent of the
main contract even if it is contained in an
arbitration clause. Hence, the invalidity of the
main contract does not affect the validity of the
arbitration agreement.
Even a party who has repudiated the main

contract is not prevented from enforcing its
arbitration agreement. Being a separate
contract in itself, the arbitration agreement may
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Comparison to Court-Annexed Mediation
ADR CAM
Nature Extrajudicial and voluntary Judicial and Mandatory under Rule 18,
Sec. 8
Cases Covered Any dispute, EXCEPT: ONLY the following disputes:

1. Labor disputes 1. All civil cases except those which
2. Cases involving the civil status of may not be compromised (e.g.
persons Annulment)
3. Cases involving the validity of 2. Cases covered by the Lupong
marriages, or any ground for Tagapamayapa under Katarungang
legal separation Pambarangay Law
4. Cases involving future legitime 3. Civil aspect of BP 22, Quasi-
5. Criminal liability offenses, Estafa and Libel cases
6. Cases involving a question as to where damages are sought
the jurisdiction of courts
7. Any dispute which by law, cannot
be compromised
Processes and Mediation, Arbitration, Early Neutral Mediation only.

Procedures involved Evaluation, and Mini-Trial
By whom conducted ADR Providers accredited under the Philippine Mediation Center and its
Alternative Dispute Resolution accredited mediators only.
system, without prejudice to the
appointment by the parties of a non-
accredited mediator, conciliator,
arbitrator or neutral evaluator
Enforcement of Filing of a Petition for Enforcement of 1. Filing of a compromise agreement

agreement Settlement Agreement or Arbitral which will be the basis of a judgment
Award under the Special ADR Rules. by compromise; or
2. Withdrawal of the Complaint,
counter-claim, or cross-claim.
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B. DOMESTIC ARBITRATION in the Philippines on a regular and permanent

basis (DOJ Circular No. 98, Art. 1.6 (2) (d) (10)).
Domestic Arbitration
It is arbitration that is not international as defined Note: In the Philippines, the CIAC has original and
in Article 1(3) of the Mode Law (DOJ Circular No. exclusive jurisdiction over disputes arising from, or
98, Art. 1.6 (2) (d) (9)) connected with, contracts entered into by parties
involved in construction in the Philippines, whether
International Arbitration the disputes arises before or after the completion
An arbitration where: of the contract, or after the abandonment or
(a) the parties to an arbitration agreement have, at breach thereof. These disputes may involve
the time of the conclusion of that agreement, government or private contracts (Sec. 4, E.O.
their places of business in different states; or 1008)
(b) one of the following places is situated outside
the Philippines in which the parties have their Form of Arbitration Agreement
places of business: 1. It must be IN WRITING - contained in a
(i) the place of arbitration if determined in, or document signed by the parties or in an
pursuant to the arbitration agreement; exchange of letters, telex, telegrams or other
(ii) any place where a substantial part of the means of telecommunication which provide a
obligations of the commercial relationship is record of the agreement, or in an exchange of
to be performed or the place with the subject statements of claim and defense in which the
matter of the dispute is most closely existence of an agreement is alleged by one
connected; or party and not denied by the other; OR
(c) the parties have expressly agreed that the 2. A reference in a contract to a document
subject matter of the arbitration agreement containing an arbitration clause provided that
relates to more than one country. the contract is in writing and the reference is
such as to make that clause part of the contract
For this purpose: (DOJ Circular No. 98, Art. 5.6).
(a) if a party has more than one place of business,
the place of business is that which has the Request to refer the dispute to arbitration
closest relationship to the arbitration 1. BEFORE OR DURING PRE-TRIAL
agreement; CONFERENCE – a party to an action may
(b) if a party does not have a place of business, request the court before which it is pending to
reference is to be made to his/her habitual stay the action and to refer the dispute to
residence (DOJ Circular No. 98, Art. 1.6 (2) (c) arbitration in accordance with their arbitration
(8)) agreement not later than the pre-trial
conference.
Ad hoc Arbitration 2. AFTER PRE-TRIAL CONFERENCE – both
Arbitration administered by an arbitrator and/or the parties must make a similar request to the court
parties themselves. An arbitration administered by (DOJ Circular No. 98, Art. 5.7 (a)).
an institution shall be regarded as ad hoc
arbitration if such institution is not a permanent or Note: Despite the pendency of a case in court,
regular arbitration institution in the Philippines arbitral proceedings may nevertheless be
(DOJ Circular No. 98, Art. 1.6 (2) (D) (1)) commenced or continued, and an award may be
made (DOJ Circular No. 98, Art. 5.7 (b)).
Institutional Arbitration
Arbitration administered by an entity, which is Interim Measures of Protection issued by
registered as a domestic corporation with the Courts
Securities and Exchange Commission (SEC) and A party may request from a court an interim
engaged in. among others, arbitration of disputes measure court of protection, BEFORE THE
CONSTITUTION OF THE ARBITRAL TRIBUNAL
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or DURING ARBITRAL PROCEEDINGS (DOJ party, appointment of receivers or detention,

Circular No. 98, Art. 5.8 (a). preservation, inspection of property that is the
subject of the dispute in arbitration. Either party
Rules on the Grant of Interim Measures of may apply with the court for assistance in
Protection by Courts implementing or enforcing an interim measure
1. Any party may request that interim or ordered by an arbitral tribunal (DOJ Circular No.
provisional relief be granted against the 98, Art. 5.8 (d)).
adverse party.
2. Such relief may be granted: Number of Arbitrators
a. To prevent irreparable loss or injury; General Rule: Three (3)
b. To provide security for the performance of Exception: The parties provide otherwise (DOJ
an obligation; Circular No. 98, Art. 5.9).
c. To produce or preserve evidence; or
d. To compel any other appropriate act or Qualifications of Arbitrators
omissions. 1. He or she must be of legal age;
3. The order granting provisional relief may be 2. He has full enjoyment of his/her civil rights
conditioned upon the provision of security or 3. He knows how to read and write.
any act or omission specified in the order. 4. He is not related by blood or marriage within
the sixth degree to either party to the
4. Interim or provisional relief is requested by controversy.
written application transmitted by reasonable 5. He has no financial, fiduciary or other interest
means to the arbitral tribunal and the party in the controversy or cause to be decided or in
against whom relief is sought, describing in the result of the proceeding, or has any
appropriate detail of the precise relief, the party personal bias, which might prejudice the right
against whom the relief is requested, the of any party to a fair and impartial award (DOJ
ground for the relief, and the evidence Circular No. 98, Art. 5.10 (a)).
supporting the request.
5. The order either granting or denying an Procedure of appointing arbitrators
application for interim relief shall be binding 1. IF THERE ARE THREE ARBITRATORS
upon the parties. General Rule: Each party shall appoint one (1)
6. Either party may apply with the court for arbitrator, and the two (2) arbitrators thus
assistance in implementing or enforcing an appointed shall appoint the third arbitrator; if a
interim measure ordered by an arbitral tribunal. party fails to appoint the arbitrator within thirty
7. A party who does not comply with the order (30) days of receipt of a request to do so from
shall be liable for all damages, resulting from the other party, or if the two arbitrators fail to
noncompliance, including all expenses, and agree on the third arbitrator within thirty (30)
reasonable attorney’s fees, paid in obtaining days of their appointment, the appointment
the order’s judicial enforcement (DOJ Circular shall be made, upon request of a party, by the
No. 98, Art. 5.8 (c)). appointing authority.
Exception: The parties agree otherwise.
Interim Measures of Protection Issued by 2. IF THERE IS ONLY ONE ARBITRATOR
Arbitral Tribunal General Rule: Parties must agree
Unless otherwise agreed by the parties, the Exception: If the parties are unable to agree
arbitral tribunal may, at the request of a party, on the arbitrator, he/she shall be appointed,
order any party to take such interim measures of upon request of a party, by the appointing
protection as the arbitral tribunal may consider authority (DOJ Circular No. 98, Art. 5.10 (c)).
necessary in respect of the subject matter of the
dispute following the Rules in this Article. Such
interim measures may include but shall not be
limited to preliminary injunction directed against a
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Grounds to Challenge the Appointment of an affirmed by the arbitral tribunal unless so

Arbitrator required on writing by the parties. If despite
1. Circumstances exist that give rise to justifiable such requirement, the arbitral tribunal shall fail
doubts as to his/her impartiality or to do as required, the parties may, within thirty
independence; days from the receipt of said award, request the
2. He/she does not possess qualifications as arbitral tribunal to supply the omission. The
provided for in this Chapter or those agreed to failure of the parties to make an objection or
by the parties; make such request within the said period shall
3. He/she is disqualified to act as arbitration under be deemed a waiver or such requirement and
these Rules; may no longer be raised as a ground to
4. He refuses to respond to questions by a party invalidate the award (DOJ Circular No. 98, Art.
regarding the nature and extent of his 5.31).
professional dealings with a party or its counsel
(DOJ Circular No. 98, Art. 5.11 (b)). Correction of Award
Grounds to Challenge the Jurisdiction of the Within thirty (30) days from receipt of the award,
Arbitral Tribunal unless another period of time has been agreed
1. The arbitration agreement is in existent, void, upon by the parties, a party may, with notice to the
unenforceable or not binding upon a person for other party, the arbitral tribunal to correct in the
any reason, including the fact that the adverse awards any errors in computation, any clerical or
party is not privy to said agreement; or typographical errors or any errors similar nature.
2. The dispute is not arbitrable or is outside the
scope of the arbitration agreement; or The arbitral tribunal may also correct any errors in
3. The dispute is under the original and exclusive computation, any clerical or typographical errors or
jurisdiction of a court or quasi-judicial body any errors similar nature on its own initiative within
(DOJ Circular No. 98, Art. 5.15 (a)). thirty (30) days of the date of the award (DOJ
Circular No. 98, Art. 5.33).
Form and Contents of Arbitral Award
(a) The award shall be made in writing and shall Interpretation of Award
be signed by the arbitral tribunal. In arbitration Within thirty (30) days from receipt of the award,
proceedings with more than one arbitrator, the unless another period of time has been agreed
signatures of the majority of all members of the upon by the parties, if so agreed by the parties,
arbitral tribunal shall suffice, provided that the with notice to the other party, may request the
reason for any omitted signature us stated. arbitral tribunal to give an interpretation of a
(b) The award shall state the reasons upon which specific point or part of the award (DOJ Circular
is based, unless the parties have agreed that No. 98, Art. 5.33).
no reasons are to be given or the award on
agreed terms, consent award based on Additional Award
compromise under Article 5.30 (Settlement). Unless otherwise agreed by the parties, a party
(c) The award shall state its date and the placed of may, with notice to the other party, may request
arbitration as determined in accordance with within thirty (30) days of receipt of the award, the
the paragraph (a) of Article 5.19 (Place of arbitral tribunal to make an additional award as to
Arbitration). The award shall be deemed to claims presented in the arbitral proceedings but
have made at that place. omitted from the award., If the arbitral tribunal
(d) After the award is made, a copy signed by the considers the request to be justified, it shall make
arbitrators in accordance with the paragraph the additional award within sixty (60) days (DOJ
(a) of this Article shall be delivered to each Circular No. 98, Art. 5.33).
party.
(e) The award of the arbitral tribunal need not be
acknowledged, sworn to under oath, or
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C. JUDICIAL REVIEW OF ARBITRAL (b) There was evident partially or corruption in

AWARDS the arbitral tribunal or any of its members; or
(c) The arbitral tribunal was guilty of
Domestic Awards misconduct or any form of misbehavior that
has materially prejudiced the rights of any
1. Confirmation of Award party such as refusing to postpone the
At any time within one (1) month after the hearing upon sufficient cause shown or to
award is made, any party to the controversy hear evidence pertinent and material to the
which was arbitrated may apply to the court controversy; or
having jurisdiction (RTC), for an order (d) One or more of the arbitrators was
confirming the award; and thereupon the court disqualified to act as such under this
must grant such order unless the award is Chapter and willfully refrained from
vacated, modified or corrected, as prescribed disclosing such disqualification; or
herein. Notice of such motion must be served (e) The arbitral tribunal exceeded its powers, or
upon the adverse party or his attorney as so imperfectly executed them, such that a
prescribed by law for the service of such notice complete, final and definite award upon the
upon an attorney in action in the same court subject matter submitted to it was not made.
(Sec. 40, RA 9285; Sec. 23, RA 876). (DOJ Circular No. 98, Art. 5.35).
Exception: A CIAC arbitral award need not be
confirmed by the regional trial court to be Foreign Arbitral Awards
executory 1. If the New York Convention Applies
2. Vacating an Award The recognition and enforcement of such

arbitral awards shall be filed with the RTC in
The court must make an order modifying or accordance with the rules of procedure to be
correcting the award, upon the application of promulgated by the Supreme Court. Said
any party to the controversy which was procedural rules shall provide that the party
arbitrated, in any of the following cases: relying on the award or applying for its
(a) Where there was an evident miscalculation enforcement shall file with the court the original
of figures, or an evident mistake in the or authenticated copy of the award and the
description of any person, thing or property arbitration agreement. If the award or
referred to in the award; or agreement is not made in any of the official
(b) Where the arbitrators have awarded upon a languages, the party shall supply a duly
matter not submitted to them, not affecting certified translation thereof into any of such
the merits of the decision upon the matter languages.
submitted; or
(c) Where the award is imperfect in a matter of The applicant shall establish that the country in
form not affecting the merits of the which foreign arbitration award was made is a
controversy, and if it had been a party to the New York Convention.
commissioner's report, the defect could
have been amended or disregarded by the If the application for rejection or suspension of
court (Sec. 41, RA 9285; Sec. 25 of RA enforcement of an award has been made, the
876). regional trial court may, if it considers it proper,
vacate its decision and may also, on the
The arbitral award may be questioned, vacated application of the party claiming recognition or
or set aside by the appropriate court in enforcement of the award, order the party to
accordance with the Special ADR Rules only provide appropriate security (Sec. 42, RA
on the following grounds: 9285).
(a) The arbitral award was procured by
corruption, fraud or other undue means; or
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2. If the New York Convention Does Not Apply submitted, only the part of the award
which contains decisions on matters not
The court shall, only upon grounds provided by submitted to arbitration may be set
these Special ADR Rules, recognize and aside; or
enforce a foreign arbitral award made in a (iv) the composition of the arbitral tribunal or
country not a signatory to the New York the arbitral procedure was not in
Convention when such country extends comity accordance with the agreement of the
and reciprocity to awards made in the parties, unless such agreement was in
Philippines. If that country does not extend conflict with a provision of ADR Act from
comity and reciprocity to awards made in the which the parties cannot derogate, or,
Philippines, the court may nevertheless treat falling such agreement, was not in
such award as a foreign judgment enforceable accordance with ADR Act; or
as such under Rule 39, Section 48, of the Rules (b) the Court finds that:
of Court (Rule 13.12, A.M. No. 07-11-08-SC) (i) the subject-matter of the dispute is not
capable of settlement by arbitration
Note: A foreign arbitral award when confirmed under the law of the Philippines; or
by a court of a foreign country, shall be (ii) the award is in conflict with the public
recognized and enforced as a foreign arbitral policy of the Philippines (Art.4.34, DOJ
award and not a judgment of a foreign court. Circular No. 98)
A foreign arbitral award, when confirmed by the Note: Mere errors in the interpretation of the law
regional trial court, shall be enforced as a or factual findings would not suffice to warrant
foreign arbitral award and not as a judgment of refusal of enforcement under the public policy
a foreign court (Sec. 44, RA 9285). ground. The illegality or immorality of the award
must reach a certain threshold such that,
3. Rejection of Foreign Arbitral Award enforcement of the same would be against Our
State's fundamental tenets of justice and morality,
An arbitral award may be set aside by the RTC or would blatantly be injurious to the public, or the
only if: interests of the society (Mabuhay Holdings v.
(a) The party making the application furnishes Sembcorp, G.R. No. 212734 )
proof that:
(i) a party to the arbitration agreement was Note: Mere simple errors of fact, of law, or of fact
under some incapacity ; or the said and law committed by the arbitral tribunal are not
agreement is not valid under the law to justiciable errors in this jurisdiction (Fruehauf
which the parties have subjected it or, Electronics Philippine Corporation v. Technology
failing any indication thereon, under the Electronics Assembly and Management Pacific
law of the Philippines; or Corporation, G.R. No. 204197).
(ii) the party making the application was not
given proper notice of the appointment of As a rule, the award of an arbitrator cannot be set
an arbitrator or of the arbitral aside for mere errors of judgment either as to the
proceedings or was otherwise unable to law or as to the facts. Courts are without power to
present his case; or amend or overrule merely because of
(iii) the award deals with a dispute not disagreement with matters of law or facts
contemplated by or not failing within the determined by the arbitrators. They will not review
terms of the submission to arbitration, or the findings of law and fact contained in an award,
contains, decisions on matters beyond and will not undertake to substitute their judgment
the scope of the submission to for that of the arbitrators, since any other rule
arbitration, provided that, if the decisions would make an award the commencement, not the
on matters submitted to arbitration can end, of litigation. Errors of law and fact, or an
be separated from those not so erroneous decision of matters submitted to the
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judgment of the arbitrators, are insufficient to l. Granting or dismissing a petition to enforce a

invalidate an award fairly and honestly made deposited mediated settlement agreement; and
(Asset Privatization Trust v. Court of Appeals, 360 m. Reversing the ruling of the arbitral tribunal
Phil. 768) upholding its jurisdiction. (Rule 19.12, Special
ADR Rules)
How appeal is taken

D. APPEAL FROM COURT DECISIONS ON The appeal is taken by the filing of a Petition for
ARBITRAL AWARDS Review with the Court of Appeals, with proof of
service on the Regional Trial Court and the
Where appeal may be filed adverse party. (Rule 19.15, Special ADR Rules)
A decision of the Regional Trial Court (RTC)
confirming, vacating, setting aside, modifying or Period for filing an appeal
correcting an arbitral award may be appealed to The appeal shall be filed within fifteen (15) days
the Court of Appeals in accordance with the rules from notice of the Final Order or Resolution of the
of procedure to be promulgated by the Supreme Motion for Reconsideration. (Rule 19.14, Special
Court. (Sec. 46, RA 9285) ADR Rules)
The decision to refer a dispute to arbitration shall Payment of Docket Fees

mean that arbitral awards are final and binding. The Docket and other Lawful Fees must be paid
Parties to arbitration are precluded from filing an upon filing of the petition. However, a party may
appeal against the merits of the arbitral award. file a verified motion setting forth valid grounds for
(Rule 19.7, Special ADR Rules) the exemption from payment of docket fees. If the
motion is denied, the docket and other lawful fees
Final Orders which may be appealed by a must be paid within fifteen (15) days from receipt
Petition for Review: of the Order denying the motion.
a. Granting or denying an interim measure of
protection; Contents of the petition:
b. Denying a petition for appointment of an a. state the full names of the parties to the case,
arbitrator; without impleading the court or agencies either
c. Denying a petition for assistance in taking as petitioners or respondent,
evidence; b. contain a concise statement of the facts and
d. Enjoining or refusing to enjoin a person from issues involved and the grounds relied upon for
divulging confidential information; the review,
e. Confirming, vacating or correcting/modifying a c. be accompanied by a clearly legible duplicate
domestic arbitral award; original or a certified true copy of the decision
f. Setting aside an international commercial or resolution of the Regional Trial Court
arbitration award; appealed from, together with certified true
g. Dismissing the petition to set aside an copies of such material portions of the record
international commercial arbitration award referred to therein and other supporting papers,
even if the court does not decide to recognize and
or enforce such award; d. contain a sworn certification against forum
h. Recognizing and/or enforcing an international shopping as provided in the Rules of Court.
commercial arbitration award; e. Statement of specific material dates showing
i. Dismissing a petition to enforce an international that it was filed within the allowed period.
commercial arbitration award;
j. Recognizing and/or enforcing a foreign arbitral Effect of failure to comply
award; The Court of Appeals shall dismiss the appeal
k. Refusing recognition and/or enforcement of a upon failure to comply with the requirements as to
foreign arbitral award;
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content of the petition, payment of fees, or service (iv)in the National Judicial Capital Region, at the
requirements. (Rule 19.17, Special ADR Rules) option of the applicant (Sec. 47, RA 9285)
Filing of a Comment by the adverse party

The Court of Appeals may dismiss the petition if it
does not appear to be prima facie meritorious. F. SPECIAL RULES ON COURT
Otherwise, it may require the filing of a comment, ALTERNATIVE DISPUTE RESOLUTION
not a motion to dismiss, within ten (10) days from
receipt of the Order to file. (Rule 19.19, Special a. Subject matter
ADR Rules)
The Special Rules of Court on Alternative Dispute
Resolution (the "Special ADR Rules") shall apply
If upon the filing of the Comment or expiration of
to and govern the following cases:
the time to file the same, the Court finds that there
a. Relief on the issue of Existence, Validity, or
is a prima facie showing that the RTC committed
Enforceability of the Arbitration Agreement;
an error that would warrant reversal, it may give
b. Referral to Alternative Dispute Resolution
due course to the petition. (Rule 19.20, Special
("ADR");
ADR Rules)
c. Interim Measures of Protection;
d. Appointment of Arbitrator;
Effect of appeal
e. Challenge to Appointment of Arbitrator;
The appeal shall not stay the award, judgment,
f. Termination of Mandate of Arbitrator;
final order or resolution sought to be reviewed
g. Assistance in Taking Evidence;
unless the Court of Appeals directs otherwise.
h. Confirmation, Correction or Vacation of Award
(Rule 19.21, Special ADR Rules)
in Domestic Arbitration;
i. Recognition and Enforcement or Setting Aside
When counterbond necessary
of an Award in International Commercial
The losing party who appeals from the judgment
Arbitration;
of the court confirming an arbitral award shall
j. Recognition and Enforcement of a Foreign
required by the appellant court to post
Arbitral Award;
counterbond executed in favor of the prevailing
k. Confidentiality/Protective Orders; and
party equal to the amount of the award in
l. Deposit and Enforcement of Mediated
accordance with the rules to be promulgated by
Settlement Agreements (Rule 1.1, A.M. NO.
the Supreme Court (Sec. 46, RA 9285)
07-11-08-SC).
b. Summary proceedings in certain cases

E. VENUE AND JURISDICTION The proceedings in the following instances are
Regional Trial Court (RTC) summary in nature and shall be governed by this
provision:
It has jurisdiction over proceedings for recognition
a. Judicial Relief Involving the Issue of Existence,
and enforcement of an arbitration agreement or for
Validity or Enforceability of the Arbitration
vacation, setting aside, correction or modification
Agreement;
of an arbitral award, and any application with a
b. Referral to ADR;
court for arbitration assistance and supervision,
c. Interim Measures of Protection;
which shall be deemed as special proceedings. It
d. Appointment of Arbitrator;
shall be filed:
e. Challenge to Appointment of Arbitrator;
(i) where arbitration proceedings are conducted;
f. Termination of Mandate of Arbitrator;
(ii) where the asset to be attached or levied upon,
g. Assistance in Taking Evidence;
or the act to be enjoined is located;
h. Confidentiality/Protective Orders; and
(iii) where any of the parties to the dispute resides
or has his place of business; or
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i. Deposit and Enforcement of Mediated Note: Despite the pendency of a petition for
Settlement Agreements (Rule 1.3, A.M. NO. judicial determination of the existence, validity
07-11-08-SC). and/or enforceability of an arbitration
agreement, arbitral proceedings may
Note: In all cases, as far as practicable, the nevertheless be commenced and continue to
summary hearing shall be conducted in one (1) the rendition of an award, while the issue is
day and only for purposes of clarifying facts. pending before the court
The court shall resolve the matter within a period 2. Venue

of thirty (30) days from the day of the hearing (Rule RTC of the place where any of the petitioners
1.3 (C & D), A.M. NO. 07-11-08-SC). or respondents has his principal place of
business or residence (Rule 3.4, A.M. NO. 07-
c. Prohibited Submissions 11-08-SC).
The following pleadings, motions, or petitions shall 3. Grounds

not be allowed in the cases governed by the A petition may be granted only if it is shown that
Special ADR Rules and shall not be accepted for the arbitration agreement is, under the
filing by the Clerk of Court: applicable law, invalid, void, unenforceable or
inexistent (Rule 3.5, A.M. NO. 07-11-08-SC).
a. Motion to dismiss;
b. Motion for bill of particulars; 4. Prima facie determination upholding the
c. Motion for new trial or for reopening of trial; arbitration agreement
d. Petition for relief from judgment;
e. Motion for extension, except in cases where an A prima facie determination by the court
ex-parte temporary order of protection has
upholding the existence, validity or
been issued; enforceability of an arbitration agreement shall
f. Rejoinder to reply; not be subject to a motion for reconsideration,
g. Motion to declare a party in default; and appeal or certiorari.
h. Any other pleading specifically disallowed
under any provision of the Special ADR Rules Such prima facie determination will not,
(Rule 1.6, A.M. NO. 07-11-08-SC). however, prejudice the right of any party to
raise the issue of the existence, validity and
d. Judicial Relief involving existence,
enforceability of the arbitration agreement
validity, and enforceability of arbitration
before the arbitral tribunal or the court in an
agreements
action to vacate or set aside the arbitral award.
When available In the latter case, the court’s review of the
Judicial relief, whether resorted to before or after arbitral tribunal’s ruling upholding the
commencement of arbitration, shall apply only existence, validity or enforceability of the
when the place of arbitration is in the Philippines. arbitration agreement shall no longer be limited
(Rule 3,1, A.M. NO. 07-11-08-SC). to a mere prima facie determination of such
issue or issues as prescribed in this Rule, but
Judicial Relief BEFORE Commencement of shall be a full review of such issue or issues
Arbitration with due regard, however, to the standard for
1. Who may file review for arbitral awards prescribed in these
Any party to an arbitration agreement may Special ADR Rules (Rule 3.11, A.M. NO. 07-
question the existence, validity and 11-08-SC).
enforceability of such arbitration agreement
(Rule 3.3, A.M. NO. 07-11-08-SC).
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Judicial Relief AFTER Arbitration Commences ruling of the court that the arbitral tribunal has
1. Who may file no jurisdiction may be the subject of a petition
Any party to arbitration may petition the for certiorari (Rule 3.19, A.M. NO. 07-11-08-
appropriate court for judicial relief from the SC).
ruling of the arbitral tribunal on a preliminary
question upholding or declining its jurisdiction. Note: Where the arbitral tribunal defers its
Should the ruling of the arbitral tribunal ruling on preliminary question regarding its
declining its jurisdiction be reversed by the jurisdiction until its final award, the aggrieved
court, the parties shall be free to replace the party cannot seek judicial relief to question the
arbitrators or any one of them in accordance deferral and must await the final arbitral award
with the rules that were applicable for the before seeking appropriate judicial recourse.
appointment of arbitrator sought to be replaced
(Rule 3.12, A.M. NO. 07-11-08-SC). A ruling by the arbitral tribunal deferring
resolution on the issue of its jurisdiction until
2. When final award, shall not be subject to a motion for
Within thirty (30) days after having received reconsideration, appeal or a petition for
notice of that ruling by the arbitral tribunal (Rule certiorari (Rule 3.20, A.M. NO. 07-11-08-SC).
3.13, A.M. NO. 07-11-08-SC)
e. Interim measures of protection
3. Venue
RTC of the place where arbitration is taking Who may file
place, or where any of the petitioners or A party to an arbitration agreement may petition
respondents has his principal place of business the court for interim measures of protection (Rule
or residence. (Rule 3.14, A.M. NO. 07-11-08- 5.1).
SC).
When to file
4. Grounds (a) before arbitration is commenced;
A petition may be granted only if it is shown that (b) after arbitration is commenced, but before the
the arbitration agreement is, under the constitution of the arbitral tribunal; or
applicable law, invalid, void, unenforceable or (c) after the constitution of the arbitral tribunal and
inexistent (Rule 3.15, A.M. NO. 07-11-08-SC). at any time during arbitral proceedings but, at
this stage, only to the extent that the arbitral
5. Court Action tribunal has no power to act or is unable to act
The court shall render judgment on the basis of effectively (Rule 5.2).
the pleadings filed and the evidence, if any,
submitted by the parties, within thirty (30) days
from the time the petition is submitted for Venue
resolution. The RTC which has jurisdiction over any of the
following places:
The court shall not enjoin the arbitration a. Where the principal place of business of any of
proceedings during the pendency of the petition the parties to arbitration is located;
(Rule 3.18, A.M. NO. 07-11-08-SC). b. Where any of the parties who are individuals
resides;
6. Relief Against Court Action c. Where any of the acts sought to be enjoined
The aggrieved party may file a motion for are being performed, threatened to be
reconsideration of the order of the court. The performed or not being performed; or
decision of the court shall, however, not be d. Where the real property subject of arbitration,
subject to appeal. The ruling of the court or a portion thereof is situated (Rule 5.3)
affirming the arbitral tribunal’s jurisdiction shall
not be subject to a petition for certiorari. The
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Grounds Respondent may lift the temporary order of

a. The need to prevent irreparable loss or injury; protection by posting an appropriate counter-
b. The need to provide security for the bond.
performance of any obligation;
c. The need to produce or preserve evidence; or If a request for extension to file opposition or
d. The need to compel any other appropriate act comment, or to reset the hearing to a later date,
or omission (Rule 5.4). the court shall also extend the period of validity
of the temporary order of protection for no more
Types of Interim Measures than 20 days from expiration of the original
a. Preliminary injunction directed against a party period (Rule 5.9).
to arbitration;
b. Preliminary attachment against property or 3. Any order by the court shall be immediately
garnishment of funds in the custody of a bank executory, but may be the subject of a motion
or a third person; for reconsideration and/or appeal or, if
c. Appointment of a receiver; warranted, a petition for certiorari (Rule 5.10).
d. Detention, preservation, delivery or inspection
of property; or, 4. The court shall defer action on any pending
e. Assistance in the enforcement of an interim petition for an interim measure of protection
measure of protection granted by the arbitral upon being informed that an arbitral tribunal
tribunal, which the latter cannot enforce has been constituted pursuant to such
effectively (Rule 5.6). agreement. The court may act upon such
petition only if it is established by the petitioner
Procedure that the arbitral tribunal has no power to act on
1. After hearing, the court shall resolve the matter any such interim measure of protection or is
within 30 days from: unable to act thereon effectively (Rule 5.15).
a. Submission of the opposition
b. Upon the lapse of the period to file the f. Enforcement and recognition or setting
same; aside of an international commercial
Note: If the parties failed to file an arbitral award
opposition, , the court shall motu
proprio render judgment only on the basis of Who may file
the allegations in the petition that are Any party to an international commercial
substantiated by supporting documents and arbitration in the Philippines (Rule 12.1).
limited to what is prayed for therein.
When to file
c. From termination of the hearing that the It may be filed anytime from receipt of the award.
court may set only if there is a need for If, however, a timely petition to set aside an arbitral
clarification or further argument (Rule 5.9). award is filed, the opposing party must file therein
and in opposition thereto the petition for
2. The court may issue an immediately executory recognition and enforcement of the same award
temporary order of protection which shall be within the period for filing an opposition (Rule 12.2
valid for 20 days from service, provided that the (a)).
petitioner posts a bond and the court finds that
there is an urgent to: Petition to Set Aside an Arbitral Award
a. Preserve Property
b. Prevent the respondent from disposing of, It may be filed within three (3) months from the
or concealing, the property, or time the petitioner receives a copy thereof.
c. prevent the relief prayed for from becoming
illusory because of prior notice However, if a timely request is made with the
arbitral tribunal for correction, interpretation or
additional award, the three (3) month period shall
Page 694 of 697

ATENEO CENTRAL
be counted from the time the petitioner receives which contains decisions on matters
the resolution by the arbitral tribunal of that request submitted to arbitration may be enforced; or
(Rule 12.2 (b)). d. The composition of the arbitral tribunal or
the arbitral procedure was not in
Note: The dismissal of a petition to set aside an accordance with the agreement of the
arbitral award for being time-barred shall NOT parties, unless such agreement was in
automatically result in the approval of the petition conflict with a provision of Philippine law
filed therein and in opposition thereto for from which the parties cannot derogate, or,
recognition and enforcement of the same award. failing such agreement, was not in
accordance with Philippine law;
Venue 2. The court finds that:
It may be filed with the RTC where: a. The subject-matter of the dispute is not
1. Arbitration proceedings were conducted; capable of settlement by arbitration under
2. Any of the assets to be attached or levied upon the law of the Philippines; or
is located; b. The recognition or enforcement of the
3. The act to be enjoined will be or is being award would be contrary to public policy
performed; (Rule 12.4).
4. Any of the parties to arbitration resides or has
its place of business; or g. Recognition and enforcement of a
5. In the National Capital Judicial Region (Rule foreign arbitral award
12.3).
Who may file
Grounds to set aside or refuse enforcement of Any party to a foreign arbitration may petition the
arbitral award court to recognize and enforce a foreign arbitral
1. The party making the application furnishes award (Rule 13.1).
proof that:
a. A party to the arbitration agreement was When to file
under some incapacity, or the said At any time after receipt of a foreign arbitral award,
agreement is not valid under the law to any party to arbitration may petition the proper
which the parties have subjected it or, failing court to recognize and enforce such award (Rule
any indication thereof, under Philippine law; 13.2).
or
b. The party making the application to set Venue
aside or resist enforcement was not given It may be filed with the RTC where:
proper notice of the appointment of an 1. The assets to be attached or levied upon is
arbitrator or of the arbitral proceedings or located;
was otherwise unable to present his case; 2. Where the act to be enjoined is being
or performed;
c. The award deals with a dispute not 3. In the principal place of business in the
contemplated by or not falling within the Philippines of any of the parties;
terms of the submission to arbitration, or 4. If any of the parties is an individual, where any
contains decisions on matters beyond the of those individuals resides; or
scope of the submission to arbitration; 5. In the National Capital Judicial Region (Rule
provided that, if the decisions on matters 13.3).
submitted to arbitration can be separated
from those not so submitted, only that part Governing Law
of the award which contains decisions on 1. If the foreign arbitral award was made in a
matters not submitted to arbitration may be country that is a signatory to the New York
set aside or only that part of the award Convention
It shall by governed by the 1958 New York
Convention on the Recognition and
Page 695 of 697

ATENEO CENTRAL
Enforcement of Foreign Arbitral Awards and d. The composition of the arbitral tribunal or
this Rule the arbitral procedure was not in
accordance with the agreement of the
2. If the foreign arbitral award was made in a parties or, failing such agreement, was not
country that NOT is a signatory to the New York in accordance with the law of the country
Convention where arbitration took place; or
e. The award has not yet become binding on
The court may, upon grounds of comity and the parties or has been set aside or
reciprocity, recognize and enforce a foreign suspended by a court of the country in
arbitral award made in a country that is not a which that award was made; or
signatory to the New York Convention as if it
were a Convention Award (Rule 13.4). 2. The court finds that:
a. The subject-matter of the dispute is not
If that country does not extend comity and capable of settlement or resolution by
reciprocity to awards made in the Philippines, arbitration under Philippine law; or
the court may nevertheless treat such award as b. The recognition or enforcement of the
a foreign judgment enforceable as such under award would be contrary to public policy
Rule 39, Section 48, of the Rules of Court (Rule (Rule 13.4).
13.12).
The court shall disregard any ground for opposing
Refusal of Recognition and Enforcement the recognition and enforcement of a foreign
A Philippine court shall not set aside a foreign arbitral award other than those enumerated above.
arbitral award but may refuse it recognition and
enforcement on any or all of the following grounds: Presumption
1. The party making the application to refuse
recognition and enforcement of the award A foreign arbitral award is presumed to be made
furnishes proof that: and released in due course of arbitration and is
a. A party to the arbitration agreement was subject to enforcement by the court.
under some incapacity; or the said
agreement is not valid under the law to Hence, the court shall recognize and enforce a
which the parties have subjected it or, failing foreign arbitral award unless a ground to refuse
any indication thereof, under the law of the recognition or enforcement of the foreign arbitral
country where the award was made; or award under this rule is fully established (Rule
b. The party making the application was not 13.11).
given proper notice of the appointment of an
arbitrator or of the arbitral proceedings or Note: The decision of the court recognizing and
was otherwise unable to present his case; enforcing a foreign arbitral award is immediately
or executory.
c. The award deals with a dispute not
contemplated by or not falling within the h. Special civil action for certiorari
terms of the submission to arbitration, or
contains decisions on matters beyond the Certiorari to the Court of Appeals
scope of the submission to arbitration; When the Regional Trial Court acted without or in
provided that, if the decisions on matters excess of its jurisdiction, or with grave abuse of
submitted to arbitration can be separated discretion amounting to lack or excess of
from those not so submitted, only that part jurisdiction, and there is no appeal or any plain,
of the award which contains decisions on speedy, and adequate remedy in the ordinary
matters not submitted to arbitration may be course of law, a party may file a special civil action
set aside; or for certiorari to annul or set aside a ruling of the
Regional Trial Court (Rule 19.26).
Page 696 of 697

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Orders that may be the subject of a petition for Review by the Supreme Court
certiorari: A review by the Supreme Court is not a matter of
a. Holding that the arbitration agreement is right, but of sound judicial discretion, which will be
inexistent, invalid or unenforceable; granted only for serious and compelling reasons
b. Reversing the arbitral tribunal’s preliminary resulting in grave prejudice to the aggrieved party,
determination upholding its jurisdiction; like in the following cases:
c. Denying the request to refer the dispute to a. Failed to apply the applicable standard or test
arbitration; for judicial review prescribed in these Special
d. Granting or refusing an interim relief; ADR Rules in arriving at its decision resulting in
e. Denying a petition for the appointment of an substantial prejudice to the aggrieved party;
arbitrator; b. Erred in upholding a final order or decision
f. Confirming, vacating or correcting a domestic despite the lack of jurisdiction of the court that
arbitral award; rendered such final order or decision;
g. Suspending the proceedings to set aside an c. Failed to apply any provision, principle, policy
international commercial arbitral award and or rule contained in these Special ADR Rules
referring the case back to the arbitral tribunal; resulting in substantial prejudice to the
h. Allowing a party to enforce an international aggrieved party; and
commercial arbitral award pending appeal; d. Committed an error so egregious and harmful
i. Adjourning or deferring a ruling on whether to to a party as to amount to an undeniable
set aside, recognize and or enforce an excess of jurisdiction (Rule 19.36).
international commercial arbitral award;
j. Allowing a party to enforce a foreign arbitral Petition filed with the SC
award pending appeal; and A verified petition for review on certiorari. The
k. Denying a petition for assistance in taking petition shall raise only questions of law, which
evidence (Rule 19.27). must be distinctly set forth (Rule 19.37).
When to file ————- end of topic ————-

It be filed within fifteen (15) days from notice of the
judgment, order or resolution sought to be
annulled or set aside. No extension of time to file
the petition shall be allowed (Rule 19.28).
Arbitration may continue despite petition for

certiorari
A petition for certiorari shall not prevent the arbitral
tribunal from continuing the proceedings and
rendering its award. Should the arbitral tribunal
continue with the proceedings, the arbitral
proceedings and any award rendered therein will
be subject to the final outcome of the pending
petition for certiorari (Rule 19.32)
Prohibition against injunctions

The Court of Appeals shall not, during the
pendency of the proceedings before it, prohibit or
enjoin the commencement of arbitration, the
constitution of the arbitral tribunal, or the
continuation of arbitration (Rule 19.33).
Page 697 of 697

2021 Blue Notes Remedial Law

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2021 Blue Notes Remedial Law

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PHILIPPINE COPYRIGHT

THE ATENEO CENTRAL BAR OPERATIONS 2020-2021

All Rights Reserved

This material is an intellectual creation of the Ateneo Central Bar Operations

Ad maiorem Dei gloriam.

KATHLEEN KAE Z. ENDOZO MEG V. BUENSALIDO

CARLOS ROSAURO N. MANALO

JUSTICE MAGDANGAL M. DE LEON

JASON DON S. DIZON LOUIE EMMANUEL G. PAGTAKHAN

MARIA JOSEFINA CONCIO NADINE ONG NORBERTO SARIGUMBA III

JOSEPH BILL P. QUINTOS STEFI MONIKA S. SUERO

AINA RAE L. CORTEZ CHRISTIAN GIO R. SENARLO

DONN MARIE ISABELLE BALINA MELISSA GABRIELLE P. REMULLA

YVES PETER CARLO D. MEDINA THERESE ANNE C. ESPINOSA

EUNICE A. MALAYO MEG V. BUENSALIDO

JUSTICE MAGDANGAL M. DE LEON

BRYAN GEORGE M. MANZANO

ANNA BEATRICE, L. SALAZAR ISABELLA SABIO ANDREA RIOFLORIDO

I. GENERAL PRINCIPLES .......................................................................................................................................... 2

A. SUBSTANTIVE LAW AS DISTINGUISHED FROM REMEDIAL LAW...................................................................... 2

II. JURISDICTION .................................................................................................................................................. 10

A. CLASSIFICATION OF JURISDICTION ............................................................................................................... 11

III. CIVIL PROCEDURE ........................................................................................................................................... 37

A. GENERAL PROVISIONS ................................................................................................................................. 41

3. MEANING OF CRIMINAL ACTIONS.............................................................................................................. 41

1. MOTIONS IN GENERAL ............................................................................................................................ 112

5. DISTINGUISH: DEMURRER TO EVIDENCE IN A CIVIL CASE AND DEMURRER TO EVIDENCE IN A CRIMINAL

IV. PROVISIONAL REMEDIES .............................................................................................................................. 224

A. NATURE AND PURPOSE ............................................................................................................................. 225

3. KINDS OF INJUNCTIONS; KINDS OF TEMPORARY RESTRAINING ORDERS................................................... 247

V. SPECIAL CIVIL ACTIONS .................................................................................................................................. 272

A. NATURE OF SPECIAL CIVIL ACTIONS ........................................................................................................... 273

4. INJUNCTIVE RELIEF .................................................................................................................................. 288

8. PRESCRIPTION OF ACTION....................................................................................................................... 313

VI. SPECIAL PROCEEDINGS ................................................................................................................................. 324

A. SETTLEMENT OF ESTATE OF DECEASED PERSONS, VENUE AND PROCESS ................................................... 327

1. WHEN AND TO WHOM LETTERS OF ADMINISTRATION GRANTED ............................................................ 340

VII. CRIMINAL PROCEDURE ................................................................................................................................ 408

A. GENERAL MATTERS.................................................................................................................................... 410

1. CRIMINAL ACTIONS, HOW INSTITUTED .................................................................................................... 419

5. PERSONAL EXAMINATION BY JUDGE OF THE APPLICANT AND WITNESS ................................................... 516

VIII. EVIDENCE ................................................................................................................................................... 532

A. GENERAL PRINCIPLES OF EVIDENCE ........................................................................................................... 534

1. OFFER OF EVIDENCE ................................................................................................................................ 646

IX. REVISED RULES ON SUMMARY PROCEDURE ................................................................................................. 651

A. CASES COVERED BY THE RULE .................................................................................................................... 651

X. KATARUNGANG PAMBARANGAY................................................................................................................... 656

A. CASES COVERED......................................................................................................................................... 656

XI. RULES OF PROCEDURE FOR SMALL CLAIMS CASES ........................................................................................ 662

A. SCOPE AND APPLICABILITY OF THE RULE ................................................................................................... 662

A. SCOPE AND APPLICABILITY OF THE RULE ................................................................................................... 669

3. WHAT DISCOVERY MEASURES ARE AVAILABLE TO THE PARTIES? ............................................................. 674

XIII. ALTERNATIVE DISPUTE RESOLUTION .......................................................................................................... 682

A. TYPES OF PROCESSES AND PROCEDURES IN ALTERNATIVE DISPUTE RESOLUTION ..................................... 682

I. GENERAL PRINCIPLES A. SUBSTANTIVE LAW AS

Retroactive application does not apply when the

Substantive Law vs. Remedial Law

SUBSTANTIVE LAW REMEDIAL LAW

Substantive law is Remedial law

(Bustos v. Lucero, a. The rules shall provide a simplified and

Reasons That Would Warrant the Suspension C. NATURE OF PHILIPPINE COURTS

A being in imagination A natural person

An office A public officer instance must nevertheless proceed by trial de

Even if an inferior court has already been officially