Arellano University School of Law

Center for Legal Education and Research

2020/21/22 BAR OPERATIONS COMMISSION

LAST MINUTE TIPS
PROCEDURE AND PROFESSIONAL
ETHICS

I. CIVIL PROCEDURE

1. Differentiate the kinds of civil actions.

ACTION IN PERSONAM ACTIONS IN REM ACTIONS QUASI IN REM

Directed against a specific
defendant seeking to make
such defendant personally liable
to pay a certain sum of money
or to deliver property or to do or
not to a particular act.
Jurisdiction over the person of
the defendant is necessary for
the court to validly try and
decide the case.
Service of summons upon the
defendants is essential in order
for the court to acquire
jurisdiction over their persons.
Directed to a res which Directed to a res but names a specific defendant
may be property or status and the purpose of the action is to subject the
of the plaintiff seeking to interest of the named defendant in the res to a
bind any person who may lien or obligation burdening the res.
have an interest in the res
or property.
Jurisdiction over the res (or thing) is acquired either: (a) by the seizure of the
property under legal process, whereby it is brought into actual custody of the
law; or (b) as a result of the institution of legal proceedings, in which the
power of the court is recognized and made effective.
Not required. However, Not required. Similar to an action in rem, in
summons must be served actions quasi in rem, jurisdiction over the person
upon the defendant to of the defendant is not a prerequisite to confer
satisfying the due process jurisdiction on the court provided that the court
requirement. acquires jurisdiction over the res.

2. Distinguish a necessary party from an indispensable party.

INDISPENSABLE PARTY NECESSARY PARTY

A party-in-interest without whom no final determination One who is not indispensable but who ought to be
can be had of an action. joined as a party if complete relief is to be accorded as
to those already parties, or for a complete determination
or settlement of the claim subject of the action
EFFECT OF FAILURE TO IMPLEAD
Renders all subsequent actions of the court null and Non-inclusion of a necessary party does not prevent the
void for want of authority to act, not only as to the court from proceeding in the action, and the judgment
absent parties but even as to those present. rendered therein shall be without prejudice to the rights
of such necessary party.
REMEDY FROM FAILURE TO IMPLEAD
Implead the party claimed to be indispensable The pleader shall set forth the name of the necessary
considering that parties may be added by order of the party, if his name is known, and shall state why such
court, on motion of a party or on its own initiative at party is omitted.
any stage of the action.

3. Distinguish compulsory counterclaim from permissive counterclaim.

COMPULSORY PERMISSIVE
Arises out of or is connected with the transaction or Does not arise out of or is not necessarily
occurrence constituting the subject matter of the opposing connected with the subject matter of the
party's claim. opposing party‟s claim.
Barred if not set up in the same action. May be filed separately in another case.
No need to pay docket fees Required to pay docket fees.
(FGU Insurance Corp. vs. Alday, G.R. No. 138822, January 23, 2001)

4. When should a party file his or her responsive pleading?

RESPONSIVE PLEADING PERIOD TO FILE

Answer to the Complaint
Answer to Amended Complaint
Answer to Counterclaim or cross-claim
Answer to Third (fourth, etc.)-party
Complaint
Reply
a. Natural person - 30 calendar days after service of summons,
unless a different period is fixed by the court.
b. Foreign private juridical entity if it has a resident agent - 30
calendar days; if no resident agent - 60 calendar days after
receipt of summons.
a. As a matter of right - 30 calendar days after service; and
b. Not a matter of right - 15 calendar days after notice of the
order admitting the same.
20 calendar days from service.
30 calendar days after service of summons, unless a different
period is fixed by the court.
15 calendar days from service of the pleading.

arellano C|L|E|A|R 1

Answer to Supplemental Complaint
Counterclaim or cross-claim after answer
Omitted counterclaim or cross-claim
Answer to Complaint-in-Intervention
Bill of particulars
20 calendar days from notice of the order admitting the same,
unless a different period is fixed by the court.
Before judgment, with leave of court.
Before judgment, with leave of court.
15 calendar days from notice of the order admitting the same,
unless a different period is fixed by the court.
10 calendar days from notice of the order, unless a different period
is fixed by the court.

5. How may service upon a domestic private juridical entity be conducted?

When the defendant is a corporation, partnership or association organized under the laws of the
Philippines with a juridical personality, service may be made on the president, managing partner,
general manager, corporate secretary, treasurer, or in-house counsel of the corporation wherever they
may be found, or in their absence or unavailability, on their secretaries.

It shall be made upon the person who customarily receives the correspondence for the defendant at its
principal office. In case the domestic juridical entity is under receivership or liquidation, service of
summons shall be made on the receiver or liquidator, as the case may be. (Section 12, Rule 14 of the
Revised Rules of Court)

6. On what grounds may the court dismiss the case motu proprio?

a. Lack of jurisdiction over the subject matter (Sec. 1, Rule 9);

b. Litis Pendentia (Sec. 1, Rule 9);
c. Res Judicata (Sec. 1, Rule 9);
d. Prescription (Sec. 1, Rule 9);
e. When the plaintiff fails to appear on the date of the presentation of his evidence in chief on the
complaint (Sec. 3, Rule 17);
f. When the plaintiff fails to prosecute his action for an unreasonable length of time (Sec. 3, Rule 17);
g. Failure to comply with the Rules or any order of the court (Sec. 3, Rule 17);
h. Summary Procedure. (Sec. 4, Revised Rules on Summary Procedure)

7. Distinguish Demurrer to Evidence in Civil and Criminal cases.

CIVIL DEMURRER CRIMINAL DEMURRER

If DENIED, plaintiff presents evidence.
If GRANTED, the case is dismissed. The order of
dismissal is a final order. If plaintiff appeals and the
appellate court REVERSES the trial court‟s decision,
defendant is no longer allowed to present evidence.
If DENIED: (a) If with leave, accused may proceed with
presentation of his evidence; and (b) If without leave,
accused can no longer present his evidence.
If GRANTED - accused is acquitted. The order of
acquittal is NOT appealable, otherwise, it violates his
right against double jeopardy.

8. Distinguish Summary Judgment from Judgment on the Pleadings.

SUMMARY JUDGMENT JUDGMENT ON THE PLEADINGS

Based on the pleadings, depositions, admissions and
affidavits.
Available to both plaintiff and defendant.
There is no genuine issue between the parties.
10-day notice required.
May be interlocutory or on the merits.
Based solely on the pleadings.
Generally available to the plaintiff, unless the
defendant presents a counterclaim.
The answer fails to tender an issue or there is an
admission of material allegations.
3-day notice required.
On the merits.

9. AAA filed a complaint for declaration of tenancy relationship with the DARAB against BBB.
Consequently, BBB filed a complaint for theft against AAA for harvesting his crop without his
consent. Should the BBB’s complaint be elevated to the courts, may AAA be held liable for
theft?

No. Following the principle of conclusiveness of judgment, DARAB‟s decision that AAA was a bona
fide tenant is conclusive and binding upon the criminal court. (Ligtas v. People, 17 August 2015, Leonen, J)

10. How may substituted service be effected?

After at least three (3) attempts on two (2) different dates, service may be effected:

(a) By leaving copies of the summons at the defendant‟s residence to a person at least eighteen (18)
years of age and of sufficient discretion residing therein;

arellano C|L|E|A|R 2
 (b) By leaving copies of the summons at [the] defendant‟s office or regular place of business with
some competent person in charge thereof. A competent person includes, but is not limited to, one
who customarily receives correspondences for the defendant;
(c) By leaving copies of the summons, if refused entry upon making his or her authority and purpose
known, with any of the officers of the homeowners‟ association or condominium.
(Rule 14, Sec. 6, Revised Rules of Court)

11. Distinguish Petition for Certiorari (R65) from Appeal on Certiorari (R45).

REVIEW ON CERTIORARI CERTIORARI

Petition is based on questions of law.
Mode of appeal.
Involves the review of the judgment award or
final order on the merits.
Filed within 15 days from receipt.
Stays the judgment or order appealed from.
The court is in the exercise of its appellate
jurisdiction and power of review.
Petition raises the issue as to whether the lower court
acted without jurisdiction or with grave abuse of discretion.
Special civil action.
Where there is no appeal or any other plain, speedy or
adequate remedy.
Filed within 60 days from receipt.
Does not stay the challenged proceeding.
Court exercises original jurisdiction.

II. CRIMINAL PROCEDURE

12. What are the cases cognizable by the RTC regardless of the imposable penalty?

a. Violations of the Omnibus Election Code;

b. Libel or written defamation;
c. Violations of intellectual property law;
d. Anti-Money Laundering Law;
e. Cybercrime Prevention Law of 2012.
f. Dangerous Drugs Act;

13. What is a prejudicial question and its elements?

Prejudicial question is an issue involved in a civil action which is similar or intimately related to the
issue raised in a criminal action, the resolution of which determines whether or not the criminal
action may proceed. Its elements are: a. The civil action must be instituted prior to the criminal
action; b. The civil action involves an issue similar or intimately related to the issue raised in the
subsequent criminal action; and c. The resolution of such issue determines whether or not the
criminal action may proceed. (Sec. 7, Rule 111)

14. What are the requisites of a valid warrant of arrest?

a. It must be based upon probable cause;

b. The probable cause must be determined personally by the judge;
c. The determination must be made after examination under oath or affirmation of the complainant
and the witnesses he may produce;
d. It must particularly describe the place to be searched and the persons or things to be seized.
(Isagani A. Cruz and Carlo L. Cruz, Constitutional Law, 2015 Edition,p. 289)

15. When is warrantless arrest lawful?

A peace officer or private person may arrest without warrant:

a. When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense (in flagrante delicto);
b. When an offense has just been committed and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has committed it;
c. When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or is temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to another.
d. When an accused released on bail attempts to depart from the Philippines without permission of
the court where the case is pending. (Sec. 23, Rule 114 of the Revised Rules of Court)

16. What are the requisites for the discharge of the accused as state witness?

a. Two or more accused are jointly charged with the commission of an offense;
b. The motion for discharge is filed by the prosecution before it rests its case;
c. The prosecution is required to present evidence and the sworn statement of each proposed
state witness at a hearing in support of the discharge;
d. The accused gives his consent to be a state witness; and

arellano C|L|E|A|R 3
 e. The trial court is satisfied that: (i) There is absolute necessity for the testimony of the accused
whose discharge is requested; (ii) There is no other direct evidence available for the proper
prosecution of the offense committed, except the testimony of said accused; (iii) The testimony
of said accused can be substantially corroborated in its material points; (iv) Said accused does
not appear to be the most guilty; and (v) Said accused has not at any time been convicted of
any offense involving moral turpitude. (Sec. 17, Rule 119 of the Revised Rules of Court)

17. What are Prohibited Motions under A.M. 15-06-10-SC or the Revised Guidelines for
Continuous Trial of Criminal Cases?

a. Motion for judicial determination of probable cause;

b. Motion for preliminary investigation filed beyond the 5-day reglementary period in inquest
proceedings, or when preliminary investigation is required, or allowed in inquest proceedings
and the accused failed to participate in the preliminary investigation despite due notice;
c. Motion for re-investigation of the prosecutor recommending the filing of information once the
information has been filed before the court (1) if the motion is filed without prior leave of court;
(2) when preliminary investigation is not required; and (3) when the regular preliminary
investigation is required and has been actually conducted, and the grounds relied upon in the
motion are not meritorious;
d. Motion to quash information when ground is not one of those under Sec. 3, Rule 117;
e. Motion for bill of particulars that does not conform to Sec. 9, Rule 116;
f. Motion to suspend the arraignment based on grounds not stated under Sec. 11, Rule 116;
g. Petition to suspend the criminal action based on prejudicial question, when no civil case has
been filed, pursuant to Sec. 7, Rule 111. (Sec. 2(b), III, A.M. No.15-06-10-SC)

18. Distinguish Bail as a Matter of Right from Discretion.

AS A MATTER OF RIGHT AS A MATTER OF DISCRETION

a) Before or after conviction by the a) Before conviction, in cases, where the offense charged is
MeTC and MTC; punishable by reclusion perpetua orlife imprisonment,
b) Before conviction by the RTC of an when evidence of guilt is not strong;
offense not punishable by death, b) After accused‟s conviction by the Regional Trial Court of an
reclusion perpetua or life offense not punishable by death, reclusion perpetua or life
imprisonment. imprisonment.

19. What is the Variance Doctrine?

When there is variance between the offense charged and the offense proved, and the offense
charged is included in or necessarily includes the offense proved, the accused shall be convicted of
the offense proved which is included in the offense charged, or the offense charged which is
included in the offense proved. (Sec. 4, Rule 120 of the Revised Rules of Court)

20. What are the requisites of a valid Provisional Dismissal?

a. The prosecution with the express conformity of the accused or the accused moves for a
provisional dismissal of the case; or both the prosecution and the accused move for a provisional
dismissal of the case;
b. The offended party is notified of the motion for a provisional dismissal of the case;
c. The court issues an order granting the motion and dismissing the case provisionally; and
d. The public prosecutor is served with a copy of the order of provisional dismissal of the case. (People
vs. Lacson, G.R. No. 149453, April 1, 2003)

III. APPEAL

21. Can a party file a notice of appeal from a judgment even if there is a pending motion for
reconsideration by the other party?

Yes. Each party has a different period within which to appeal and since each party has a different
period within which to appeal, the timely filing of a motion for reconsideration by one party does not
interrupt the other or another party's period of appeal. (Bernardo vs. Soriano, G.R. No. 200104, 19 June 2019)

22. What are the modes of appeal from the decision of the Regional Trial Court?

a. By Ordinary Appeal, where judgment was rendered by the Regional Trial Court in the exercise
of its original jurisdiction, and is taken to the Court of Appeals on questions of fact or mixed
questions of fact and law.
b. By Petition For Review, where judgment was rendered by the Regional Trial Court in the
exercise of its appellate jurisdiction.

arellano C|L|E|A|R 4
 c. By Petition for Review on Certiorari to the Supreme Court. This mode is brought to the
Supreme Court from the decision of the Regional Trial Court in the exercise of its original
jurisdiction and only on questions of law.

23. As a general rule, the Supreme Court is not a trier of fact, and thus, only questions of law
may be raised, what are its exceptions?

a. When the conclusion is a finding grounded entirely on speculation, surmises or conjectures.

b. When the inference made is manifestly mistaken, absurd or impossible;
c. Where there is a grave abuse of discretion;
d. When the judgment is based on a misapprehension of facts;
e. When the findings of fact are conflicting;
f. When the Court of Appeals, in making its findings, went beyond the issues of the case and
the same is contrary to the admissions of both appellant and appellee;
g. The findings of the Court of Appeals are contrary to those of the trial court;
h. When the findings of fact are conclusions without citation of specific evidence on which they
are based;
i. When the facts set forth in the petition as well as in the petitioner's main and reply briefs are
not disputed by the respondents; and
j. The finding of fact of the Court of Appeals is premised on the supposed absence of evidence
and is contradicted by the evidence on record. (Spouses Miano vs. Manila Electric Company, G.R. No.
205035, November 16, 2016, J. Leonen)

IV. ANNULMENT OF JUDGMENTS (RULE 47)

24. What are the grounds for the annulment of a judgment?

a. Extrinsic fraud
b. Lack of jurisdiction
c. Denial of due process (Diona vs Balangue, G.R. No. 173559, January 7, 2013)

25. When should the petitioner avail the remedy of Annulment of Judgment?

If the ground is extrinsic fraud, it must be availed within 4 years from the discovery thereof; and if
the ground is lack of jurisdiction, it must be availed before jurisdictional estoppel or laches sets in.
(Sps. Benatiro v. Heirs of Cuyos, G.R. No. 161220, July 30, 2008)

26. Is Annulment of Judgment available if the ground relied upon is lack of due process?

Yes. While under Section 2, Rule 47, a Petition for Annulment of Judgment may be based only on
the grounds of extrinsic fraud and lack of jurisdiction, jurisprudence recognizes lack of due process
as an additional ground to annul a judgment. (Diona vs Balangue, G.R. No. 173559, January 7, 2013)

27. What is the remedy for a judicial declaration of presumptive death obtained fraudulently?

The proper remedy for a judicial declaration of presumptive death obtained by extrinsic fraud is an
action to annul the judgment. An affidavit of reappearance is not the proper remedy when the
person declared presumptively dead has never been absent. (Santos v. Santos, G.R. No. 187061, October
08, 2014, Leonen, J.)

28. What is meant by extrinsic fraud in an annulment of judgment?

Extrinsic fraud must arise from an act of the adverse party and the fraud must be of such nature as
to have deprived the petitioner his day in court. The fraud is not extrinsic is the act was committed
by the petitioner‟s own counsel. Application of Rule 47 does not equate mistake and gross
negligence as extrinsic fraud. (Sibal v. Buquel, G.R. No. 197825, January 11, 2016)

V. SMALL CLAIMS

29. What cases are governed by the Revised Rules of Procedure for Small Claims Cases?

These Rules shall govern the procedure before the first-level courts in actions for payment of
money where the value of the claim does not exceed ₱300,000 in first-level courts other than
MeTCs, or ₱400,000 in MeTCs, exclusive of interests and costs.

30. What is the remedy against a final and executory judgment in small claims cases?

arellano C|L|E|A|R 5
 Petition for Certiorari under Rule 65. The extraordinary writ of certiorari is always available where
there is no appeal or any other plain, speedy and adequate remedy in the ordinary course of law.
(A.L. Ang Network, Inc. vs. Mondejar, G.R. No. 200804, January 22).

VI. EVIDENCE

31. Can the sole testimony of child victim convict an accused charged with rape?

Yes. Testimonies of child-victims of rape are to be given full weight and credence. Reason and
experience dictate that a girl of tender years, who barely understands sex and sexuality, is unlikely
to impute to any man a crime so serious as rape, if what she claims is not true. Her candid
narration of how she was raped bears the earmarks of credibility, especially if no ill will which
motivates her to testify falsely against the accused. (People vs Rodrigo Gutierrez y Robles, G.R. No. 208007,
April 2, 2014, Leonen, J.)

32. May recordings, photographs or other materials containing sounds be considered as

documentary evidence?

Yes. Writings, recordings, photographs or any material containing words, sounds, numbers,
figures, symbols or their equivalent or other modes of written expression offered as proof of their
contents are considered documentary evidence. Photographs considered as documentary
evidence include still pictures, drawings, stored images, x-ray films, motion pictures and videos.
(Sec 2, Rule 130, Revised Rules of Court)

33. Distinguish Judicial Admissions from Extrajudicial Admissions.

JUDICIAL ADMISSIONS
Those made in the course of the proceeding in the
same case. They do not require proof and may be
contradicted only by showing that it was made through
palpable mistake or that no such admission was made.
Judicial admissions need not be offered in evidence
since it is not evidence. It is superior to evidence and
shall be considered by the court as established.
Conclusive upon the party making them.
Admissible even if self-serving.
Subject to cross-examination.
EXTRAJUDICIAL ADMISSIONS
Those made out of court or in a judicial
proceeding other than the one under
consideration.
Regarded as evidence and must be offered as
such. Otherwise, the court will not consider it in
deciding the case.
Rebuttable except when elements of estoppel
are present.
Not admissible if self-serving.
Not subject to cross-examination.

34. What are the requisites for the application of the privilege communication between Patient
and Doctor?
a. That the privilege is being claimed in civil case;
b. That the person against whom the privilege is being claimed is a physician, psychotherapist or
person reasonably believed by the patient to be authorized to practice medicine or
psychotherapy;
c. That such person acquired the information while he was attending to the patient in his
professional capacity for the purpose of diagnosis or treatment of the patient‟s physical, mental
or emotional condition, including alcohol or drug addiction between the patient and his or her
physician or psychotherapist;
d. That the information is necessary to enable the person to act in that capacity;
e. That the information is confidential and if disclosed would tend to blacken the reputation of the
patient.

35. Distinguish Burden of Proof from Burden of Evidence

BURDEN OF PROOF BURDEN OF EVIDENCE

Does not shift as it remains throughout the trial with the
party upon whom it is imposed.
Generally determined by the pleadings filed by the
party.
Shifts from party to party depending on the
exigencies of the case in the course of trial..
Generally determined by the developments in
the trial, or by the provisions of substantive law
or procedural rules which may relieve the party
from presenting evidence of fact alleged.

36. May hearsay evidence be properly admitted in preliminary investigation?

Yes. Hearsay evidence is admissible in determining probable cause in a preliminary investigation

because such investigation is merely preliminary, and does not finally adjudicate rights and
obligations of parties. (Estrada vs. Office of the Ombudsman, G.R. No. 212140-41, January 21, 2015)

arellano C|L|E|A|R 6
37. May the Res Inter Alios Acta Rule be properly invoked in preliminary investigation?

No. Technical rules of evidence are not binding during preliminary investigation. The co-
conspirators‟ statements were sought to be excluded based on the res inter alios acta rule, which
states that the rights of a party cannot be prejudiced by an act, declaration, or omission of another.
The foregoing rule constitutes a technical rule on evidence which should not be rigidly applied in
the course of preliminary investigation proceedings. (Cambe vs. Office of the Ombudsman, G.R. Nos. 212014-
15, December 6, 2016)

38. Distinguish Marital Disqualification from Marital Privilege.

MARITAL DISQUALIFICATION MARITAL PRIVILEGE

Can be invoked only if one of the spouses is a
party to the action.
Applies only if the marriage is existing at the time
the testimony is offered.
Ceases upon the death or either spouse, and
constitutes a total prohibition against any
testimony for or against the spouse of the witness.
What is prohibited is the testimony for or against
the other.
Can be claimed whether or not the spouse is a party
to the action;
Can be claimed even after the marriage has been
dissolved;
Continues even after the termination of the marriage,
applies only to confidential communications between
the spouses.
What is prohibited is the examination of a spouse as
to matters related in confidence by the other spouse.

39. What are the requisites of Dying Declaration to be admissible as evidence?

a. The declaration is one made by a dying person;

b. The declaration was made by said dying person under a consciousness of his impending
death;
c. The declaration refers to the cause and circumstances surrounding the death of the declarant
and not of anyone else;
d. The declaration is offered in a case wherein the declarant‟s death is the subject of the inquiry;
and
e. The declarant is competent as a witness had he survived (Geraldo vs. People, G.R. No. 173608,
November 20, 2008)

40. What is the the Original Document Rule / Best Evidence Rule, and its exceptions.

The Original Document Rule provides that when the subject of inquiry is the contents of a
document, no evidence shall be admissible other than the original document itself. Its exceptions
are:
a. When the original has been lost or destroyed, or cannot be produced in court, without bad
faith on the part of the offeror;
b. When the original is in the custody or under the control of the party against whom the
evidence is offered, and the latter fails to produce it after reasonable notice;
c. When the original consists of numerous accounts or other documents which cannot be
examined in court without great loss of time and the fact sought to be established from them
is only the general result of the whole;
d. When the original is a public record in the custody of a public officer or is recorded in a public
office; and
e. When the original is not closely related to a controlling issue. (Sec. 3, Rule 130)

41. What is the scope of Judicial Affidavit Rule?

It applies to all actions and proceedings, and incidents requiring the reception of evidence before:
a. Courts (but not to small claims cases)
b. Investigating officers and bodies authorized by the SC to receive evidence, including the IBP
c. Quasi-judicial bodies, whose rules of procedure are subject to disapproval of the Supreme
Court, insofar as their existing rules of procedure contravene the provisions of this Rule (Sec. 1,
A.M. 12-8-8-SC)

42. When should the offer and objections to the Judicial Affidavit be made?

The party presenting the judicial affidavit of his witness in place of direct testimony shall state the
purpose of such testimony at the start of the presentation of the witness. The adverse party may
move to disqualify the witness or to strike out his affidavit or any of the answers found in it on
ground of inadmissibility. (Section 6, A.M. No. 12-8-8-SC)

43. When is Judicial Affidavit Rule applicable in Criminal Actions?

a. When Maximum Penalty does not exceed six years;

b. Where accused agrees to Judicial affidavits; or

arellano C|L|E|A|R 7
 c. With respect to civil aspect, whatever the penalties involved are (Sec. 9, AM No. 12-8-8-SC, September
4, 2012)

44. Can the trial court allow the submission of Supplemental Judicial Affidavit, together with the
documentary evidence attached thereto, even though trial had already commenced when it
submitted the same, and hence, had not been submitted and pre-marked during the pre-
trial?

Yes. Sec. 10 of the Judicial Affidavit Rule contains a caveat that the failure to timely submit the
affidavits and documentary evidence shall be deemed to be a waiver of their submission. However,
the submission of evidence beyond the mandated period in the Rules strictly subject to the
conditions that:

a. the court may allow the late submission of evidence only once;
b. the party presenting the evidence proffers a valid reason for the delay; and
c. the opposing party will not be prejudiced thereby.
(Lara‘s Gift and Decors, Inc. vs. PNB General Insurers Co., Inc. G.R. No. 230429, January 24, 2018)

45. What is tender of excluded evidence/proffer of evidence?

Tender of excluded evidence is a remedy embodied under Sec. 40 of Rule 132 of the Rules of
Court. The rule is that evidence formally offered by a party may be admitted or excluded by the
court through the following:

a. If a party's offered documentary or object evidence is excluded, he may move or request that it
be attached to form part of the records of the case.
b. If the excluded evidence is oral, he may state for the record the name and other personal
circumstances of the witness and the substance of the proposed testimony. (Fortune Tobacco
Corporation vs. Commissioner of Internal Revenue, G.R. No. 192024, July 1, 2015)

46. What is the Contemporaneous Objection Rule?

It requires that a specific and timely objection be made to the admission of evidence. Objections to
the admission of evidence must be made seasonably, at the time it is introduced or offered,
otherwise they are deemed waived, and will not be entertained for the first time on appeal. (People
vs. Banares, G.R. No. 68298, November 25, 1986)

47. What are the prohibited motions and pleadings under the following rules?

Summary Procedure Small Claims Writ of Amparo and Writ of Kalikasan

Writ of Habeas Data
a) Motion to dismiss the complaint a) Motion to dismiss the a) Motion to dismiss; a) Motion to
or to quash the complaint or complaint; b) Motion for extension of dismiss;
information except on the b) Motion for a bill of time to file return, b) Motion for
ground of lack of jurisdiction particulars; opposition, affidavit, extension of
over the subject matter, or c) Motion for new trial, or for position paper and other time to file
failure to comply with the reconsideration of a pleadings; return;
preceding section; judgment, or for c) Dilatory motion for c) Motion for
b) Motion for a bill of particulars; reopening of trial; postponement; postponement;
c) Motion for new trial, or for d) Petition for relief from d) Motion for bill for d) Motion for bill of
reconsideration of a judgment, judgment; particulars; particulars;
or for opening of trial; e) Motion for extension of e) Counterclaim or e) Counterclaim;
d) Petition for relief from judgment; time to file pleadings, crossclaim; f) 3rd party
rd
e) Motion for extension of time to affidavits, or any other f) 3 party complaint; complaint;
file pleadings, affidavits or any paper; g) Reply; g) Reply motion to
other paper; f) Memoranda; h) Motion to declare declare
f) Memoranda; g) Petition for certiorari, respondent in default; respondent in
g) Petition for certiorari, mandamus, or prohibition i) Intervention; default.
mandamus, or prohibition against any j) Memorandum;
against any interlocutory order h) interlocutory order issued k) MR of interlocutory
issued by the court; by the court; orders or interim relief
h) Motion to declare the defendant i) Motion to declare the orders; and
in default; defendant in default; l) Petition for certiorari,
i) Dilatory motions for j) Dilatory motions for mandamus or prohibition
postponement; postponement; against any interlocutory
j) Reply; k) Reply; order
k) Third party complaints; l) Third-party complaints;
l) Interventions. and
m) Interventions.

arellano C|L|E|A|R 8
 VII. SPECIAL CIVL ACTIONS

48. May an administrative agency like the Department of Agrarian Reform Adjudication Board
issue writs of certiorari?

No. Administrative agencies are not courts of law exercising judicial power. The power to issue
writs of certiorari is an incident of judicial review. Thus, administrative agencies may not issue writs
of certiorari to annul acts of officers or state organs even when they exercise supervisory authority
over these officers or organs. (Zoleta v. Land Bank, 9 August 2017, Leonen, J.).

49. Distinguish Certiorari, Prohibition and Mandamus.

Certiorari Prohibition Mandamus

Respondents a. Tribunal a. Tribunal a. Tribunal
b. Board b. Board b. Board
c. Officer c. Officer c. Officer
d. Person (w/ quasi- d. Person (w/ quasi-judicial function)
judicial function)
Grounds a. Lack of jurisdiction on subject matter; a. Neglect in the performance of duty
b. Excess of jurisdiction; enjoined by law; or
c. Grave abuse of discretion amounting to b. Excludes someone from the
lack/excess of jurisdiction. enjoyment of a right or office
Condition No appeal or any other adequate, speedy remedy in the ordinary courts of law.
Prayer Judgment be rendered Judgment be rendered Judgment be rendered commanding
annulling or modifying commanding respondent respondent, immediately or at some
the proceedings of to desist from further other time to be specified by the court,
such tribunal, board or proceedings in the action to do the act required to be done to
officer. No claim for or matter specified protect the rights of the petitioner, and
damages. therein. No claim for to pay the damages sustained by the
damages. petitioner by reason of the wrongful acts
of the respondent.

50. Distinguish Quo Warranto from Impeachment as a remedy to remove an impeachable

officer.

QUO WARRANTO IMPEACHMENT

Judicial in nature.
Acts or omissions committed prior to or at the time
of appointment or election relating to an official‟s
qualifications to hold office as to render such
appointment or election invalid, provided that the
requisites for the commencement thereof are
present.
Cause of action lies on usurping, intruding or
unlawfully holding/ exercising a public office.
Commenced by a verified petition brought in the
name of the Republic of the Philippines.
Respondent is ordered to cease holding a public
position, which he/she is ineligible to hold.
(Republic vs. Sereno, G.R. No. 237428, May 11, 2018)
Political in nature.
Acts or omissions committed during the incumbency of a
validly appointed and/or validly elected official, if the
public official concerned is impeachable and the act or
omission constitutes an impeachable offense.
Cause of action is the commission of impeachable
offense.
It must be initiated by filing of the Articles of
Impeachment before the Senate.
Conviction shall result to removal of the respondent from
the public office that he/she is legally holding.

51. Distinguish Extrajudicial Foreclosure from Judicial Foreclosure.

EXTRA-JUDICIAL FORECLOSURE JUDICIAL FORECLOSURE

There is a right of redemption. Mortgagor has a right of
redemption for 1 year from registration of the sale.
Buyer at public auction becomes absolute owner only
after finality of an action for consolidation of
ownership.
Mortgagee is given a special power of attorney in the
mortgage contract to foreclose the mortgaged property
in case of default.
Filed with the office of the sheriff of the province where
the sale is to be made.
The recovery of the deficiency is through an
independent action.
No right of redemption EXCEPT when mortgagee
is a banking institution.There is equity of
redemption only.
Buyer at public auction becomes absolute owner
only after confirmation of the sale.
Mortgagee need not be given a special power of
attorney.
Filed before the MTC or RTC where the mortgaged
property or any part thereof is situated.
Recovery for the deficiency can be done by mere
motion.

arellano C|L|E|A|R 9

HABEAS CORPUS
Involves the right to liberty. It
extends to all cases of illegal
confinement or detention by
which any person is deprived of
Essence
liberty, or by which the rightful
custody of any person is
withheld from the person entitled
thereto.
1) RTC where the person is
detained;
2) Sandiganbayan;
3) Court of Appeals;
4) Supreme Court; or
Jurisdiction/Venue
5) Any justice of the three
preceding courts
When to file/docket On any day and at anytime
fees
Available interim
reliefs
48 hours from notice of
judgment appealed form by
ordinary appeal
Appeal
VIII. SPECIAL PROCEEDINGS
AMPARO
Involves the right to life, liberty and
security. It covers extrajudicial killings,
enforced disappearances, and threats
thereof
1) RTC of the place where the threat,
act or omission was committed or
any of its elements occurred;
2) Sandiganbayan;
3) Court of Appeals;
4) Supreme Court; or
5) Any justice of the three preceding
courts.
On any day and at any time; Exempt
from docket and other lawful fees
1) Temporary protection order
2) Inspection order
3) Production order
4) Witness protection order
Any party may appeal from the final
judgment or order to the SC under Rule
45. The appeal may raise questions of
fact or law or both The period of appeal
shall be five (5) working days from the
date of notice of the adverse judgment.
arellano C|L|E|A|R
HABEAS DATA
Involves the right to privacy, life,
liberty, and security.
1) RTC where the petitioner or
respondent resides, or that
which has jurisdiction over the
place where the data or
information is gathered,
collected, stored, at the option
of the petitioner;
2) Sandiganbayan;
3) Court of Appeals;
4) Supreme Court.
Only indigent petitioner is exempt
from docket and other lawful fees
Any party may appeal from the final
judgment or order to the SC under
Rule 45. The appeal may raise
questions of fact or law or both The
period of appeal shall be five (5)
working days from the date of
notice of the judgment or final order
10
KALIKASAN
Involves the right to balanced and
healthful ecology involving
environmental damage of such
magnitude as to prejudice the life,
health or property of inhabitants in
two or more cities or provinces
1) Court of Appeals; and
2) Supreme Court.
Exempt from payment of docket fees
1) Ocular inspection order
2) Inspection order
3) Production order
Any party may appeal to the SC
under rule 45. The appeal may raise
questions of fact. The appeal must be
taken within 15 days from the date of
notice of adverse judgment or denial
of motion for reconsideration
 RULES OF PROCEDURE ON ENVIRONMENTAL CASES (A.M. No. 09-6-8-SC)

52. What is a Consent Decree under the Rules of Procedure for Environmental Cases?

It refers to a judicially approved settlement between concerned parties based on public interest and
public policy to protect and preserve the environment. (Sec. 4[b], Rule 1 of A.M. No. 09-6-8-SC)

53. What is Strategic Lawsuit Against Public Participation (SLAPP)?

It refers to an action whether civil, criminal or administrative, brought against any person, institution
or any government agency or local government unit or its officials and employees, with the intent to
harass, vex, exert undue pressure or stifle any legal recourse that such person, institution or
government agency has taken or may take in the enforcement of environmental laws, protection of
the environment or assertion of environmental rights (Rule 1, Section 1(g), Rules of Procedure For
Environmental Cases)

Writ of Kalikasan

54. May the US Navy invoke the waiver of State immunity under the Visiting Forces Agreement
as defense in Petition for the Issuance of Writ of Kalikasan?

No. The waiver of State immunity under the Visiting Forces Agreement pertains only to criminal
jurisdiction and not to special civil actions such as the Petition for Issuance of a Writ of Kalikasan.
(Arigo vs. Swift, G.R. No. 206510, September 16, 2014)

55. In a Petition for Writ of Kalikasan, may the court award damages to individual petitioners?

No. The Rules of Procedure for Environmental Cases which provides that the reliefs that may be
granted under the writ include such other reliefs which relate to the right of the people to a
balanced and healthful ecology or to the protection, preservation, rehabilitation or restoration of the
environment, except the award of damages to individual petitioners. (West Tower Condominium vs. Phil.
Ind. Corp., G.R. No. 194239, June 16, 2015)

Writ of Continuing Mandamus

56. What is the Writ of Continuing Mandamus?

Continuing mandamus is a writ issued by a court in an environmental case directing any agency or
instrumentality of the government or officer thereof to perform an act or series of acts decreed by
final judgment which shall remain effective until judgment is fully satisfied. (Dolot vs. Paje, G.R. No.
199199, 27 August 2013)

arellano C|L|E|A|R 11
 LEGAL AND JUDICIAL ETHICS

1. State the Lawyer’s Oath.

“I,________________________, do solemnly swear that I will maintain allegiance to the Republic of
the Philippines, I will support the Constitution and obey the laws as well as the legal orders of the duly
constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not
wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to
the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to
the best of my knowledge and discretion, with all good fidelity as well to the courts as to my clients;
and I impose upon myself these voluntary obligations without any mental reservation or purpose of
evasion. So help me God.”

NOTE: In the Bar Examinations, indicating one‟s name or any other name in the lawyer‟s oath would
be considered as markings.

2. What is the nature of the Lawyer’s Oath?

The lawyer's oath is not mere facile words, drift and hollow, but a sacred trust that must be upheld and
keep inviolable. The nature of the office of an attorney requires that he should be a person of good
moral character. This requisite is not only a condition precedent to admission to the practice of law, its
continued possession is also essential for remaining in the practice of law. We have sternly warned
that any gross misconduct of a lawyer, whether in his professional or private capacity, puts his moral
character in serious doubt as a member of the Bar, and renders him unfit to continue in the practice of
law. (Krursel vs. Abion, A.C. No. 5951, July 12, 2016)

3. What are the qualifications for Admission to the Bar?

a. Good moral character (continuing requirement);
b. Resident of the Philippines;
c. At least 21 years of age;
d. Citizen of the Philippines;
e. Must produce satisfactory evidence of good moral character;
f. No charges against him, involving moral turpitude, have been filed or are pending in any court in
the Philippines;
g. Must have complied with the academic requirements;
h. Pass the Bar Examinations
i. Take the Lawyer„s Oath;
j. Sign the Roll of Attorneys and receive from the clerk of court of the SC a certificate of license to
practice;
(Sections 1, 2, 5 & 6, Rule 138, Revised Rules of Court)

Note: A successful bar candidate who was allowed to sign by the Clerk of the SC to sign in the Roll of
the Attorney„s but was unable to take an oath although he has paid his IBP dues and listed as
―qualified voter‖ in IBP affairs, cannot be admitted to the Bar (In re: Elmo S. Abad, B.M. No. 139, March 18,
1983).

4. Can a repatriated lawyer be allowed to practice law in the Philippines? If so, what are the
conditions that must be complied with before he can be allowed to resume his law practice?
A repatriated lawyer must first secure from the Supreme Court the authority to do so, conditioned on:
a. the updating and payment in full of the annual membership dues in the IBP;
b. the payment of professional tax;
c. the completion of at least 36 credit hours of mandatory continuing legal education; and d. the
retaking of the lawyer„s oath which will not only remind him of his duties and responsibilities as a
lawyer and as an officer of the Court, but also renew his pledge to maintain allegiance to the
Republic of the Philippines (Petition for Leave to Resume Practice of Law, Benjamin M. Dacanay, B.M. No. 1678,
December 17, 2007).

5. What is the nature of relationship created between a counsel and a client?

The agency created between a counsel and a client is a highly fiduciary relationship. (Ong Lay Hin v.
Court of Appeals, G.R. No. 191972, January 26, 2015, J. Leonen). The relation is of such delicate,
exacting and confidential nature that is required by necessity and public interest. Only by such
confidentiality and protection will a person be encouraged to repose his confidence in an attorney
(Mercado v. Vitriolo, AC No. 5108, May 26, 2005).

arellano C|L|E|A|R 12
6. What are the duties of a lawyer to the society?
a. Canon 1 – A lawyer shall uphold the Constitution, obey the laws of the land and promote respect
for law and legal processes.
b. Canon 2 – A lawyer shall make his legal services available in an efficient and convenient manner
compatible with the independence, integrity and effectiveness of the profession.
c. Canon 6 – These Canons shall apply to lawyers in government service in the discharge of their
tasks.
7. What are the duties of a lawyer to the courts?
a. Canon 10 - A lawyer owes candor, fairness, and good faith to the court.
b. Canon 11 - A lawyer shall observe and maintain the respect due to the courts and to judicial
officers and should insist on similar conduct by others.
c. Canon 12 - A lawyer shall exert every effort and consider it their duty to assist in the speedy and
efficient administration of justice.
d. Canon 13 - A lawyer shall rely upon the merits of their cause and refrain from any impropriety
which tends to influence or give the appearance of influencing the court.
8. What are the duties of a lawyer to the client?
a. Canon 14 - A lawyer shall not refuse their services to the needy.
b. Canon 15 - A lawyer shall observe candor, fairness, and loyalty in all [their] dealings and
transactions with [their] clients.
c. Canon 16 - A lawyer shall hold in trust all moneys and properties of [their] client that may come into
their profession.
d. Canon 20 - A lawyer shall charge only fair and reasonable fees.
e. Canon 21- A lawyer shall preserve the confidence and secrets of [their] client even after the
attorney-client relation is terminated.

9. Atty. X drafted his Mario's affidavit of Self-Adjudication stating that the latter is the sole heir of
his spouse Ruffa knowing this to be false. Mario and Ruffa had a daughter. Years later Atty. X,
on behalf of Maria, daughter of Ruffa and Mario, filed a Complaint for sum of money with prayer
for Writ of Preliminary Injunction and temporary restraining order against Roberto. The
Complaint alleged that Maria is an heir of Mario which allegedly contradicts the Affidavit of
Self-Adjudication that Atty. X drafted. Are there any violations committed by Atty. X when he
represented the spouses and Maria?
Yes. Atty. X violated Rule 15.03, Canon 15. It provides “A lawyer shall not represent conflicting
interests except by written consent of all concerned given after a full disclosure of the facts.”

There is conflict of interest when a lawyer represents inconsistent interests of two or more opposing
parties. The test is "whether or not in behalf of one client, it is the lawyer„s duty to fight for an issue or
claim, but it is his duty to oppose it for the other client. In brief, if he argues for one client, this
argument will be opposed by him when he argues for the other client."(Bernardino v. Santos, A.C. No. 10583,
February 18, 2015, J. Leonen)

10. Distinguish Disqualification from Inhibition.

DISQUALIFICATION INHIBITION

Grounds The are grounds provided under
the law which a judge may be
disqualified
(Section 1,Rule 137, Rules of Court
and Section 5, Canon 3, New Code of
Judicial Conduct).
The motion for inhibition must be
grounded on just and valid
causes. The mere imputation of
bias or partiality is not enough
basis for them to inhibit,
especially when the charge is
groundless.
(PAGODA Philipines, Inc v. Universal
Canning, Inc., G.R. No. 160966
October 11, 2005)

Discretion Does not give the judicial officer
any discretion to try or sit in a case
(Paragraph 1, Section 1, Rule 137,
Rules of Court)
A judge may, in the exercise of
his sound discretion, disqualify
himself from sitting in a case
(Paragraph 2, Section 1, Rule 137,
Rules of Court)

Nature Compulsory(Paragraph 1, Section 1, Voluntary (Paragraph 2, Section 1,

Rule 137, Rules of Court) Rule 137, Rules of Court)

arellano C|L|E|A|R 13
 GROUNDS FOR DISQUALIFICATION

Section 1, Rule 137, Rules of Court Section 5, Canon 3, New Code of Judicial Conduct

a. He or his wife or his child is pecuniary interested
as heir, legatee, creditor or otherwise;
b. He is related to either party within the sixth degree
of consanguinity or affinity or to counsel within the
fourth civil degree;
c. When he has been an executor, guardian,
administrator, trustee or counsel; and
d. When he has presided in an inferior court where
his ruling or decision is subject to review
Judges shall disqualify themselves from participating
in any proceedings in which they are unable to decide
the matter impartially or in which it may appear to a
reasonable observer that they are unable to decide
the matter impartially. Such proceedings include, but
are not limited to, instances where:
a. The judge has actual bias or prejudice concerning
a party or personal knowledge of disputed
evidentiary facts concerning the proceedings;
b. The judge previously served as a lawyer or was a
material witness in the matter in controversy;
c. The judge, or a member of his or her family, has
an economic interest in the outcome of the matter
in controversy;
d. The judge served as executor, administrator,
guardian, trustee or lawyer in the case or matter
in controversy, or a former associate of the judge
served as counsel during their association, or the
judge or lawyer was a material witness therein;
e. The judge‟s ruling in a lower court is the subject of
review;
f. The judge is related by consanguinity or affinity to
a party litigant within the sixth civil degree or to
counsel within the fourth civil degree; or
g. The judge knows that his or her spouse or child
has a financial interest, as heir, legatee, creditor,
fiduciary, or otherwise, in the subject matter in
controversy or in a party to the proceeding, or any
other interest that could be substantially affected
by the outcome of the proceedings

11. What are the two types of contempt of court and briefly discuss each:.
a. Direct contempt consists of "misbehavior in the presence of or so near a court as to obstruct or
interrupt the proceedings before it."It includes:
i. disrespect to the court,
ii. offensive behavior against others,
iii. refusal, despite being lawfully required, to be sworn in or to answer as a witness, or to subscribe
an affidavit or deposition. It can be punished summarily without a hearing. (Oca v. Custodio, G.R. No.
199825, July 26, 2017)

b. Indirect contempt is committed through any of the acts enumerated under Rule 71, Section 3 of
the Rules of Court:

a. Misbehavior of an officer of a court in the performance of his or her official duties or in his or her
official transactions;
b. Disobedience of or resistance to a lawful writ, process, order, or judgment of a court, including
the act of a person who, after being dispossessed or ejected from any real property by the
judgment or process of any court of competent jurisdiction, enters or attempts or induces
another to enter into or upon such real property, for the purpose of executing acts of ownership
or possession, or in any manner disturbs the possession given to the person adjudged to be
entitled thereto;
c. Any abuse of or any unlawful interference with the processes or proceedings of a court not
constituting direct contempt under Section 1 of this Rule;
d. Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the
administration of justice;
e. Assuming to be an attorney or an officer of a court, and acting as such without authority;
f. Failure to obey a subpoena duly served;
g. The rescue, or attempted rescue, of a person or property in the custody of an officer by virtue of
an order or process of a court held by him [or her]

arellano C|L|E|A|R 14
 h. Indirect
contempt is only punished after a written petition is filed and an opportunity to be heard is
given to the party charged.(Oca v. Custodio, G.R. No. 199825, July 26, 2017)

12. What are the remedies of a person cited for direct contempt?
The person cited in direct contempt by any court may avail himself of the remedies of certiorari or
prohibition. The execution of the judgment shall be suspended pending resolution of such petition,
provided such person files a bond fixed by the court which rendered the judgment and conditioned that
he will abide by and perform the judgment should the petition be decided against him. (Section 2, Rule 71,
Rules of Court)

13. What is the remedy of a person adjudged for indirect contempt?

A person cited in indirect contempt may appeal to the proper court in the same manner as in criminal
cases. (Section11, Rule 71, Rules of Court)

14. Can a disbarred lawyer’s name be part of a firm’s name?

No.The retention of a disbarred lawyer's name in the firm name may mislead the public into believing
that the lawyer is still authorized to practice law. A lawyer who appears under a firm name that
contains a disbarred lawyer's name commits indirect contempt of court (Yu Kimteng vs. Young, G.R. No.
210554, August 05, 2015, J. Leonen).

PRACTICAL EXERCISES

15. What are the parts of an affidavit?

The parts of an affidavit are the following:

a. The Venue is the designation of the place where the affidavit was taken to show whether the notary
public has acted within his jurisdiction.
b. The Scilicet/ Subscripsi (SS) is used to particularize a general statement, i.e. republic of the
Philippines, SS, City of Baguio means: in the Republic of the Philippines, more particularly in the
City of Baguio.
c. The Body consists of the facts attested to by the affiant, who should have actual knowledge of the
same and not merely a belief thereof. The allegations therein should be full, certain, and exact. In
short, accuracy of the statements in the affidavit is indispensable.
d. Signature of the affiant which is found below the body of the affidavit.
e. Jurat.

16. What are the parts of a Judicial Affidavit?

The parts of a Judicial Affidavit are the following:

a. Caption
b. Title of Form
c. The name, age, residence, or business address, and occupation of the Witness:
d. Name of the examining/supervising lawyer and place of examination
e. A Statement that the witness is answering the questions, fully conscious under oath, and that he
may face criminal liability
f. Summary of Testimony
g. Questions and Answers
h. In witness whereof” clause
i. Sworn attestation of the lawyer
j. Jurat
17. What are the parts of a conveyances?

The parts of a conveyance are as follows:

a. Document Title - Deed of Absolute Sale/ Contract of Lease/Memorandum of Agreement
b. Preamble - used to easily show important details of the document. These include the name of the
agreement, the date of execution, and the involved parties.
c. Parties - refers to the persons, whether natural or juridical persons, executing the contract
d. Recitals - an optional form, called recitals, may be included to include background information to
the agreement. Recitals can be a valuable resource for contract interpretation. They provide terms
that show intent on the part of the parties.

arellano C|L|E|A|R 15
e. Agreement - legally called the consideration is a general statement of what is expected from the
parties to fulfill the contract.

arellano C|L|E|A|R 16
18. Draft an Affidavit of Loss

19. Differentiate an Acknowledgment from Jurat.

ACKNOWLEDGMENT JURAT

As to Definition

"Acknowledgment" refers to an act in which an Part of an affidavit where the officer certifies that the
individual on a single occasion: same was “sworn” before him.
(a) appears in person before the notary public and Note: The jurat accompanies any notarized
presents an integrally complete instrument or document that is declaratory in nature.
document;
(b) is attested to be personally known to the notary
public or identified by the notary public through
competent evidence of identity as defined by these
Rules; and -
(c) represents to the notary public that the signature
on the instrument or document was voluntarily
affixed by him for the purposes stated in the
instrument or document, declares that he has
executed the instrument or document as his free and
voluntary act and deed, and, if he acts in a particular
representative capacity, that he has the authority to
sign in that capacity.
(Section 1, Rule II, 2004 Rules on Notarial Practice)

As to Where Used

Contracts –to authenticate and agreement between Affidavit;

two or more persons; or
Certification;
Deeds and Conveyances –where the document
contains a disposition of property Sworn Statement; and
Verification

As to purpose

arellano C|L|E|A|R 17
 TWO-FOLD PURPOSE: Gives the document legal character.
(1) To authorized the deed to be given in evidence
without further proof of its execution; and
(2) To entitle it to be recorded.

As to Presumption

Prima facie evidence of execution of the document No such presumption

or instrument (Rule 132, Sec. 30)

20. Draft a Jurat.

21. Draft an acknowledgement

22. What are the parts of a pleading?

The parts of a pleading are:
a. Caption which includes the name of the Court and Title of the Action (Rule 7, Sec. 1)
b. The Body(Section 2, Rule 7, Rules of Court)
c. Signature and address(Section 3, Rule 7, Rules of Court)
d. Verification(Section 4, Rule 7, Rules of Court)
e. Certification against forum shopping (Section 5, Rule 7, Rules of Court)

arellano C|L|E|A|R 18
23. What are the parts of a motion?

The parts of a motion are:

a. Captions (Section 11, Rule 15, Rules of Court)
b. Nature of Motion – relief sought and grounds to support the relief (Section 4, 5, 12, Rule 15, Rules of Court)
c. Notice of Hearing on Litigious Motions (Section 6, Rule 15, Rules of Court)
d. Proof of Service (Section 7, Rule 15, Rules of Court)
e. Signature including mailing address and contact information (Section 11, Rule 15, Rules of Court)
24. Draft a motion for extension of time filed by the defendant in a civil case for collection of sum
of money filed before the Regional Trial Court of Manila, Branch 99

HAIL TO THE CHIEFS

arellano C|L|E|A|R 19