CIVPRO (RSE) 15)execution, when a matter of right, when a matter of
What appears in the crystal aquarium of my 6th sense in
Civ Pro, Rem Law. (Evid, Crim Pro,Spec Pro to follow)
1) Affirmative defenses, Rule 6, Sec 5(b), and Rule 8, Sec
12 (a)
2) Motion to Dismiss is a prohibited motion BUT look at
Rule 15, Sec 12 (a) for the four grounds allowed. Note that
it is a litiguous motion, a hearing is discretionary, no notice
even required EXCEPT proof of service.
3)The non impleading of an indispensable party, NOT a
ground for dismissal of action; if the court orders the
plaintiff to implead such party, it is the non-compliance
that warrants the dismissal. See Sec.3, Rule 17.
4)Lack of jurisdiction of the court over the action may be
raised even for the first time on appeal.
- note estoppel to deny jurisdiction in Tijam v.
Sibonghanoy
-note Rule 9, Sec. 1, rel to Rule 14, Sec 1
- note further dismissal of actions with prejudice, Rule 15,
Sec 13
5) Omnibus motion rule, Rule 15, Sec 9
6) Revisit expanded jurisdiction of MTCs and RTCs under
the latest amendments, note treshold amounts (2.0 M <
MTC; = or >2.0 M, RTC.
- real property, <400K, MTC, =or > 400K, RTC
-revisit totality rule
7)period to file pleadings, Rule 11, NOTE only the filing of
the answer may be extended ( original period is 30
calendar days, extendible only once for 30 calendar
days); NO OTHER PLEADING can be extended
8)Demurrer to evidence (Rule 33); cf. Demurrer to
evidence in crininal action
9) judgment on the pleadings, Rule 34, and Summary
Judgment, Rule 35 BUT relate to Rule 18, Sec 13.
10) Effect of failure to appear at pre-trial, mediation and
JDR, and failure to file pre-trial brief, Rule 18; NOTE
contents of pre-trial order
11) Judicial Affidavits under Rule 7, Sec 6, and under the
JAR; NOTE, no longer ultimate facts alone but evidentiary
facts must be alleged in the pleadings
12) revisit certification agsinst non- forum shopping; who
must execute for domestic juridical entities.
13)Summons: read again service of summons upon
domestic juridical entities and substituted service (failure
of personal service in 3 attempts on two dates)
14)Interrogatories to parties and request for admissions
discretion (execution pending appeal)
-writ enforceable within 5 years; thereafter, action for
revival judgment
-affidavit of third party claim or terceria ( or independent
civil action by 3rd party claimant
- properties exempt from execution, revisit
-res judicata and conclusiveness of judgment, rel.
doctrine of immutability
-enforcement of foreign judgment needs filing first of an
action to enforce such judgment
16) Rule 41, what are appealable, what are not
appealable; in the latter case like interlocutory orders or
orders of dismissal without prejudice, remedy is a Rule 65
petition for certorari
17)appeal by certiorari under Rule 45 to the SC, purely
questions of law may be raised, NOTE period, original is
15 days, only one extension but for 30 days.
18) revisit Rule 47 on annulment of judgments, grounds,
reglamentary periods, EXCLUSIVE jurisdiction of the
Court of Appeals
19) certiorari under Rule 65 not a remedy for lost or lapsed
appeal
- requires that there is no other plain, adequate or speedy
remedy in the ordinary course of law and showing of grave
abuse of discretion
- study jurisprudence when a Rule 65 petition may be
treated under exceptional circinstances as a Rule 45
petition, issue of timeliness
-wrong mode of appeal, or to wrong court, correction must
be within original reglamentary period
20) prohibited motions and pleadings in small claims
cases; strongly suggest revisiting summary procedure vis
a vis forcible entry and unlawful detainer
21) foreclosure, deficiency judgment and equity of
redemption; quo warranto, go codal, replevin, too.
Expropriation, just compensation under the Right of Way
Act
22) Preliminary attachment, read Davao Light and
Satsatin cases; understand what is bond for (differentiate
from counter-bond)
 CRIMPRO (RSE)
From the Living Spirits of Padre Faura, some of the
enemies may appear in the radar as follows.
1) Bail, when a matter of right, when a matter of discretion.
Note the case of Leviste in the latter case as to bail
negating factors
- In an offense like plunder punishable by reclusion
perpetua, bail may be applied for and granted for
humanitarian reasons and political stature of the accused
(plus other reasons). Note case of Enrile.
- Mandatory for the court to hear the bail application. The
determination is if evidence of guilt is strong the burden of
proving which is on the prosecution.
- Application for bail does not amount to a waiver of
objections (Yusop case ; note Sec. 26, Rule 114) to the
illegality of arrest, illegality of the arrest warrant,
irregularity of the prel. inv., or absence of prel. inv.
-accused need not be arraigned first before the court
hears the application for bail. Note ruling in Serapio v. SB
-Note an accused may file a second motion for bail after
a denial of the first application as res judicata is NOT
applicable in criminal actions.(see People v. Escobar,
LEONEN, J. ponencia)
- accused NOT required to present evidence
-remember the right to bail is a Constitutional right
2) Motion to Quash, Rule 117
- grounds are EXCLUSIVE
- any other ground not inluded renders MTQ
unmeritorious.
-study Rev. Guidelines in Crim Cases for Continuous
Trial, which of the enumerated grounds will make an MTQ
a meritorious MTQ (crininal action or liability has been
extinguished, averments in the information constitute a
legal excuse, double jeopardy)
-grounds not raised in MTQ except these 3 are deemed
waived
-matters of defense cannot be raised in a MTQ ( Antone
v. Beronilla)
-when the MTQ is based on a defect that may be cured
by amendment of the information the prosecution must be
allowed by the court to do so.
-excepted from rule prohibiting duplicity of offenses in a
single information are special complex crimes or those
crimes that may be complexed under Art. 48, RPC
-if accused does not file a MTQ if information alleges more
than one offense, he may be convicted of those offenses
as are proved.
- remedy of accused if his MTQ is denied is go to trial and
present evidence on his defense, and eventually, raise
the denial as an error on appeal. NOTE case of GMA
where the Supreme Court ruled that a denial of an
interlocutory order may be questioned via a Rule 65
petition for certiorari if the order was attended by grave
abuse of discretion.(what is involved though in the GMA
case was a demurrer to evidence, the denial being an
interlocutory order, NOT appealable).
3) Revisit provisional dismissals in criminal cases and
when do they become permanent.
-study discharge of an accused as a state witness against
his co accused.
-demurrer to evidence, with leave or without leave of court
- remedy of accused if demurrer denied
-remedy of prosecution if demurrer granted ( double
jeopardy attaches; appeal is unavailing to the
prosecution)
4)plea of guilty to an offense punished by rec. perpetua or
life imprisonment, mandatory for the court to conduct
searching inquiry into the voluntariness and the
comprehension of the consequences of accused's plea,
Rule 116, Sec. 3; see People v. Pagal for guidelines set
by SC.
5) distinguish executive and judicial determination of
probable cause
- probable cause can be established by hearsay evidence
as long as there is substantial basis for crediting the
hearsay (Estrada v. OMB)
- right of person arrested and detained to ask for prel. inv.
during inquest in valid warrantless arrest
6) warrantless arrests, revisit in flagrante , delicto and hot
pursuit arrests, Rule 113 Secs. 5(a), 5(b)
- buy bust arrests in drugs, revisit chain of custody rule
and guidelines set by SC in People v. Romy Lim
-study RA 7438 on right of detained persons to
independent and competent counsel
7) search warrants, revisit basic requisites
- note valid warrantless searches, CONSENTED
SEARCH, SEARCH INCIDENT TO A LAWFUL ARREST,
PLAIN VIEW, STOP AND FRISK
8)Promulgation of judgment
- presence of accused is required
- if absent despite notice to him or COUNSEL, and failure
is not justified, accused loses the remedies available in
case of judgment of conviction
STUDY PRECAUTIONARY HOLD DEPARTURE
ORDER, and dissenting opinion of J. Leonen on SC
RESOLUTION approving the Rule
Study PP v. Tulagan on guidelines on designation of
offenses relative to rape by sexual assault or acts of
lasciviousness if victim is a minor, in relation to violation
of Sec.5(b), RA 7610
EVIDENCE (RSE)
1)Original documents rule
- what photographs include
- when secondary evidence allowed
- rule applies only if subject of inquiry are the contents of
the writing
-not applicable if the issue is the existence or condition of
the document
-what is duplicate
-what are summaries
2) parol evidence, concept
-when may extrinsic or parol evidence may be allowed
- not applicabe to one NOT a party to the written
agreement

3) Hearsay rule, amended concepts

-exceptions: dying declaration, part of the res gestae (2
kinds), records of regulary conducted business activity
(new), RESIDUAL ECCEPTIONS, concept (new)

4) marital disqualification rule or spousal immunity versus

marital privilege rule

-atty- client privilege, amended concept

-physician -patient, only in civil action, see who is a
psychotherapist

5) res inter alios acta, two branches

- co- conspirators
-partner/agent
-evidence of similar acts

6) judicial notice on ordinances, NOT MANDATORY

7) presumptions, study Rule 131, Sec. 5

(new)

8) extra-judicial confession PLUS corpus delicti to convict

DNA evidence
- note sample extracted from accused not violative of right
vs. self- incrimination

SPEC PRO (RSE)

pls follow syllabus on habeas corpus (relate to DNA
evidence), habeas data, amparo.

On environmental cases, consider writ of continuing

mandamus, writ of kalikasan, SLAPP, precauionary
principle
 SCHOOL CHICHI and 65; annulment of judgments - extrinsic fraud and lack
of jurisdiction
[Jan 4, 2022 at 9:05:09 PM]: 5. Chichi is 70% passing rate
From another Dean, re Leonen meeting:-Coverage
limited to Bar Bulletin 31. JL: “I look only at codals.” No
trick questions. No loopholes.
-Are we lowering the standards? No, we are not.
Probably, including the batch before [2020], sila pinaka-
aral na estudyante”
-Exam results will be released earlier as well.
-As basic as, in insurance law: What can be insured?
What claims can there be against the insurer?
-Practical exercises - parts of conveyancing, difference
between acknowledgement and jurat, parts of pleading
-Remedial law - Focus also on 41, 45, 46, definitely
habeas data, habeas corpus, writ of amparo, quo
warranto
-Labor definitely EE-ER relationship, when does it exist,
termination of employment (memorize causes)
-Remedies - he will ask a question on marital relationship,
not filiation (not yet too canonical)
-Criminal law: No conspiracy and probation
-Parting message: Please let’s make it happen that
everybody passes the bar.

JLO - TORTS CIV BAR POSSIBLE QUESTIONS:

Henson jr v UCPB GIC GR 223134 in re to relations back

theory

Would there be any case were 2180 of CC will not be

applied alongside the Registered Owner Rule, following
Leonen’s decision in Caravan Travel and Tours v Abejar?
Could the Registered Owner rule ever be applied
independently of 2180? Leonen said that the RO Rule has
no independent statutory basis. Its basis, if at all, is 2180.
The source of the RO Rule is 2180.

BPI v. Central Bank GR No 197583 (2020) - Rare case

under Art. 2180 par 6

Review Torts for Leonen’s bar, expect a lot of Torts

questions
• Abella v Abella
• Lara’s Gifts v Midtown
• Arco Pulp and Paper v Lim

1. Focus on the revised syllabus only

2. She said they gave bonus na. Ex. Poli, Labor, Tax (12,
3, 3, x 5 = 90%) may bonus daw 10% (applies to all
subjects if you do the separate maths)
3. Scoring is considered in totality, not per subject
4. Stuff to focus on:
Poli: search & seizure
Labor: labor only contracting; when deemed direct
employer
Crim: Crimes against property - differentiate robbery v.
estafa v. theft
Tax: general principles, donor's tax, income tax
Rem: Rule 65: Grave abuse of discretion (extended
explanation of GAD? di ko masyado na gets to as
compared to ordinary meaning); Diff. between Rule 45