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CENTRALIZED BAR OPERATIONS 2023. It is intended solely for the
use of the individuals to which it is addressed – the Bedan
community.

Publication, reproduction, dissemination, and distribution, or

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Material includes both cases penned by Justice Hernando and recent

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COPYRIGHT © 2023
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ALL RIGHTS RESERVED BY THE AUTHORS.

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GENERAL PRINCIPLES
Substantive law vs. Remedial Law 6
Rule-making Power of the Supreme Court 6
Power to amend and suspend the rules 6
Principle of Judicial Hierarchy 6
Rule for Judicial Hierarchy 7
Doctrine of Non-Interference/Judicial Stability 7
Classification of Jurisdiction 7
1. Original vs. Appellate
2. General vs. Special
3. Exclusive vs. Concurrent
4. Doctrine of Continuity of Jurisdiction 8
5. Aspects of Jurisdiction 8
a. Jurisdiction over the Parties
b. Jurisdiction over the issues
c. Jurisdiction over the Res
Jurisdiction vs. Exercise of Jurisdiction
Jurisdiction vs. Venue 9
Jurisdiction over cases covered by Barangay Conciliation, Small 9
Claims Cases and cases covered by Summary Procedure 9

JURISDICTION OF COURTS 12

CIVIL PROCEDURE 20
A. General provisions (Rule 1) 20
B. Kinds of Action 20
C. Cause of action (Rule 2) 20
D. Parties to civil actions (Rule 3) 21
E. Venue (Rule 4) 22
F. Pleadings 22
Kinds (Rule 6) 22
Summary of Periods on When to File Responsive Pleadings 22
Parts and Contents of a pleading (Rule 7) 23
Pleading an Actionable Document 24
How to Contest an Actionable document 24
Specific Denials 24
Affirmative Defenses (Rule 6, Sec. 5) 24
Effect of failure to plead (Rule 9) 24
Amended and supplemental pleadings (Rule 10) 25
Bill of Particulars (Rule 12) 25

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G. Filing and service of pleadings, judgments, final orders, and resolutions 26
Proper manner of filing pleadings and other court submissions
Modes of service of pleadings
Completed Service
Effects of non-payment
H. Summons (Rule 14) 27
I. Motions 28
Non-litigious motions (Rule 15, Sec. 4)
Litigious motions
Prohibited Motions (Rule 15, Sec. 12)
Omnibus Motion Rule
J. Dismissal of Actions 29
When is there a dismissal with prejudice?
Other Dismissals with prejudice
When is there a dismissal without prejudice?
Two-dismissal Rule
K. Pre-trial (Rule 18) 30
Contents of Notice of Pre-Trial
Valid excuses for failure of a party or a counsel to appear in Court
Contents of a pre-trial brief
Effect of failure to appear during pre-trial
Contents of the pre-trial order
Distinction of Pre-trial in Criminal and Civil Cases
L. Intervention (Rule 19) 31
M. Subpoena (Rule 21) 32
N. Computation of time (Rule 22) 33
O. Modes of discovery 33
Depositions (Rules 23 and 24) 33
Interrogatories to parties (Rule 25) 36
Admission by Adverse Party (Rule 26) 39
Production or Inspection of Documents or Things (Rule 27) 40

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P. Trial (Rule 30) 42
Q. Consolidation or severance (Rule 31) 44
R. Demurrer to Evidence (Rule 33) 44
S. Judgments and final orders 45
1. Judgment on the pleadings (Rule 34)
2. Summary judgments (Rule 35)
T. Motion for New Trial or Reconsideration 46
Rule 37
Essential requisites of a Motion for New Trial
Formal requisites of a Motion for Reconsideration
Remedy against denial and fresh-period rule
U. Execution, satisfaction, and effect of judgments (Rule 39) 47

V. Appeals; General Principles 48

Nature of the right to appeal
Judgments and finals orders subject to appeal (Revised Rules of Court,
Rule 41, Sec. 1 Par. 1).
Matters not appealable; available remedies

W. Post-judgment remedies other than appeal 48

1. Petition for relief from judgment (Rule 38)
2. Annulments of judgment by the Court of Appeals (Rule 47)
3. Collateral attack on judgments, when proper

X. APPEALS IN CIVIL PROCEDURE: MODES OF APPEAL FROM JUDGMENTS 51

OR FINAL ORDERS OF VARIOUS COURTS/TRIBUNALS
1. Rule 40 – Appeal from Municipal Trial Courts to the Regional Trial Courts
2. Rule 41 – Appeal from the Regional Trial Courts
3. Rule 42 – Petition for Review from the Regional Trial Courts to the Court of
Appeals
4. Rule 43 – Appeals from the Court of Tax Appeals, Civil Service
Commission, and Quasi-Judicial Agencies
5. Rule 45 – Appeals by Certiorari to the Supreme Court
6. Rule 64 – Review of judgments or final orders of the Commission on Audit
and the Commission on Elections

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Y. APPEALS IN CRIMINAL CASES: MODES OF APPEAL FROM JUDGMENTS 56
OR FINAL ORDERS OF VARIOUS COURTS/TRIBUNALS

Z. PROCEDURE IN THE COURT OF APPEALS 56

1. Rule 44 – Ordinary Appealed Cases
2. Rule 46 – Original Cases
3. Rule 47 – Annulment of Judgments or Final Orders and Resolutions
4. Rule 50 – Dismissal of Appeal
5. Rule 51 – Judgment; harmless error
6. Rule 53 – New Trial

AA. PROCEDURE IN THE SUPREME COURT 59

1. Rule 56-A – Original Cases
2. Rule 56-B – Appealed Cases

PROVISIONAL REMEDIES 60
A. Nature, purpose, and jurisdiction over provisional remedies
B. Preliminary attachment (Rule 57)
C. Preliminary injunction (Rule 58)
D. Receivership (Rule 59)
E. Replevin (Rule 60)

SPECIAL CIVIL ACTIONS 62

A. Interpleader (Rule 62) 62
B. Declaratory relief and similar remedies (Rule 63) 62
C. Prohibition, Certiorari, and Mandamus 61 62
D. Quo warranto (Rule 66) 63
E. Expropriation 64
F. Foreclosure of real estate mortgage 67
G. Partition (Rule 69) 68
H. Forcible entry and unlawful detainer 68
I. Contempt (Rule 71) 69

SPECIAL PROCEEDINGS AND SPECIAL WRITS 71

A. Settlement of estate of deceased persons 71
Venue and process (Rule 73)
Summary settlement of estates (Rule 74)
Allowance or disallowance of wills (Rule 76)

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 Claims against the estate (Rule 86)
Payment of the debts of the estate (Rule 88)
Sales, mortgages, and other encumbrances of property of decedent (Rule
89)
Distribution and partition (Rule 90)
B. Escheat (Rule 91) 75
C. Guardianship 76
Appointment of guardians (Rule 93)
General powers and duties of guardians (Rule 96)
Termination of guardianship (Rule 97)
D. Writ of Habeas Corpus 77
E. Change of name (Rule 103) 79
F. Cancellation or Correction of entries in the Civil Registry (Rule 108) 79
G. Clerical error law (RA 9048) 80
H. Writ of Amparo (A.M. No. 07-9-12-SC) 80
I. Writ of Habeas Data (A.M. No. 08-1-16-SC) 82
J. Rules of Procedure on Environmental Cases (A.M. No. 09-6-8-SC) 83

CRIMINAL PROCEDURE 85
A. General matters 85
1. Criminal jurisdiction; concept and requisites for exercise
2. When injunction may be issued
B. Prosecution of offenses (Rule 110) 85
C. Prosecution of civil action (Rule 111) 86
D. Preliminary Investigation 88
E. Arrest (Rule 113) 89
F. Bail (Rule 114) 90
G. Arraignment and plea (Rule 116) 92
H. Motion to quash (Rule 117) 92
I. Pre-trial (Rule 118) 93
J. Trial (Rule 119) 93
K. Judgment (Rule 120) 94
L. Motion for New Trial or Reconsideration (121) 94
M. Search and seizure (Rule 126) 95

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N. Provisional remedies in criminal cases (Rule 127) 95
O. Revised Guidelines on Continuous Trial (A.M. No. 15-06-10-SC) 95
P. The Rule on Cybercrime Warrants (A.M. No. 17-11-03-SC) 96

EVIDENCE 97
A. General concepts 97
1. Proof vs. evidence
2. Burden of proof vs. burden of evidence
3. Equipoise Rule
B. Admissibility of Evidence 98
1. Requisites for admissibility of evidence
2. Relevance of Evidence and Collateral Matters
3. Multiple Admissibility
4. Conditional Admissibility
5. Curative Admissibility
6. Direct and Circumstantial Evidence
7. Positive and Negative Evidence
8. Competent and Credible Evidence
C. Judicial Notice and Judicial Admissions (Rule 129) 99
D. Object (Real) Evidence (Rule 130, A) 101
E. Documentary Evidence (Rule 130, B) 101
1. Definition
2. Original Document Rule
3. Secondary Evidence
4. Parol Evidence
F. Testimonial Evidence (Rule 130, C) 103
G. Presentation of evidence (Rule 132) 109
1. Examination of witnesses
2. Authentication and proof of documents
3. Offer and objection
H. Judicial Affidavit Rule (A.M. No. 12-8-8-SC) 109
I. Weight and sufficiency of evidence (Rule 133) 110
J. Rules on Electronic Evidence (A.M. No. 01-7-01-SC) 110

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 REMEDIAL LAW 4. How to Contest an Actionable
SYLLABUS FOR THE 2023 BAR EXAMINATIONS document

NOTE: All Bar candidates should be guided that 5. Specific Denials

only laws, rules, issuances, and jurisprudence
pertinent to the topics in this syllabus as of June 6. Affirmative Defenses (Rule 6, Sec. 5)
30, 2022 are examinable materials within the Effect of failure to plead (Rule 9)
coverage of the 2023 Bar Examinations
7. Amended and supplemental pleadings
(Rule 10)
I. GENERAL PRINCIPLES
● Substantive law vs. Remedial Law 8. Bill of Particulars (Rule 12)
● Rule-making Power of the Supreme Court
● Power to amend and suspend the rules G. Filing and service of pleadings, judgments,
● Principle of Judicial Hierarchy final orders, and resolutions
● Rule for Judicial Hierarchy
● Doctrine of Non-Interference/Judicial Proper manner of filing pleadings and
Stability other court submissions
● Classification of Jurisdiction
1. Original vs. Appellate Modes of service of pleadings
2. General vs. Special
3. Exclusive vs. Concurrent Completed Service
4. Doctrine of Continuity of Jurisdiction
5. Aspects of Jurisdiction Effects of non-payment
a. Jurisdiction over the Parties
b. Jurisdiction over the issues H. Summons (Rule 14)
c. Jurisdiction over the Res
● Jurisdiction vs. Exercise of Jurisdiction I. Motions
● Jurisdiction vs. Venue
● Jurisdiction over cases covered by Non-litigious motions (Rule 15, Sec. 4)
Barangay Conciliation, Small Claims Cases
and cases covered by Summary Procedure Litigious motions

II. JURISDICTION OF COURTS Prohibited Motions (Rule 15, Sec. 12)

III. CIVIL PROCEDURE Omnibus Motion Rule

A. General provisions (Rule 1)
J. Dismissal of Actions
B. Kinds of Action
When is there a dismissal with prejudice?
C. Cause of action (Rule 2)
Other Dismissals with prejudice
D. Parties to civil actions (Rule 3)
When is there a dismissal without
E. Venue (Rule 4) prejudice?

F. Pleadings Two-dismissal Rule

Kinds (Rule 6)
1. Summary of Periods on When to File K. Pre-trial (Rule 18)
Responsive Pleadings
1. Contents of Notice of Pre-Trial
2. Parts and Contents of a pleading (Rule
7) 2. Valid excuses for the failure of a party
or a counsel to appear in Court
3. Pleading an Actionable Document
3. Contents of a pre-trial brief

2
 4. Effect of failure to appear during
pre-trial
5. Contents of the pre-trial order
6. Distinction of Pre-trial in Criminal and
Civil Cases
L. Intervention (Rule 19)
M. Subpoena (Rule 21)
N. Computation of time (Rule 22)
O. Modes of discovery
1. Depositions (Rules 23 and 24)
2. Interrogatories to parties (Rule 25)
3. Admission by Adverse Party (Rule 26)
4. Production or Inspection of Documents
or Things (Rule 27)
P. Trial (Rule 30)
Q. Consolidation or severance (Rule 31)
R. Demurrer to Evidence (Rule 33)
S. Judgments and final orders
1. Judgment on the pleadings (Rule 34)
2. Summary judgments (Rule 35)
T. Motion for New Trial or Reconsideration
Rule 37
1. Essential requisites of a Motion for New
Trial
2. Formal requisites of a Motion for
Reconsideration
3. Remedy against denial and fresh-period
rule
U. Execution, satisfaction, and effect
judgments (Rule 39)
V. APPEALS; GENERAL PRINCIPLES
Nature of the right to appeal
Judgments and finals orders subject to
appeal (Revised Rules of Court, Rule 41,
Sec. 1 Par. 1).
Matters not appealable; available
remedies
W. Post-judgment remedies other than appeal
1. Petition for relief from judgment (Rule
38)
2. Annulments of judgment by the Court
of Appeals (Rule 47)
3. Collateral attack on judgments, when
proper
X. APPEALS IN CIVIL PROCEDURE: MODES OF
APPEAL FROM JUDGMENTS OR FINAL ORDERS OF
VARIOUS COURTS/TRIBUNALS
1. Rule 40 – Appeal from Municipal Trial
Courts to the Regional Trial Courts
2. Rule 41 – Appeal from the Regional
Trial Courts
3. Rule 42 – Petition for Review from the
Regional Trial Courts to the Court of
Appeals
4. Rule 43 – Appeals from the Court of Tax
Appeals, Civil Service Commission, and
Quasi-Judicial Agencies
5. Rule 45 – Appeals by Certiorari to the
Supreme Court
6. Rule 64 – Review of judgments or final
orders of the Commission on Audit and
the Commission on Elections
Y. APPEALS IN CRIMINAL CASES: MODES OF APPEAL
FROM JUDGMENTS OR FINAL ORDERS OF VARIOUS
COURTS/TRIBUNALS
Z. PROCEDURE IN THE COURT OF APPEALS
1. Rule 44 – Ordinary Appealed Cases
of 2. Rule 46 – Original Cases
3. Rule 47 – Annulment of Judgments or
Final Orders and Resolutions
4. Rule 50 – Dismissal of Appeal
5. Rule 51 – Judgment; harmless error
6. Rule 53 – New Trial
3
AA. PROCEDURE IN THE SUPREME COURT
RULE 56-A – Original Cases
RULE 56-B – Appealed Cases
IV. PROVISIONAL REMEDIES
A. Nature, purpose, and jurisdiction
provisional remedies
B. Preliminary attachment (Rule 57)
C. Preliminary injunction (Rule 58)
D. Receivership (Rule 59)
E. Replevin (Rule 60)
V. SPECIAL CIVIL ACTIONS
A. Interpleader (Rule 62)
B. Declaratory relief and similar remedies (Rule
63)
C. Prohibition, Certiorari, and Mandamus
61
D. Quo warranto (Rule 66)
E. Expropriation
F. Foreclosure of real estate mortgage
G. Partition (Rule 69)
H. Forcible entry and unlawful detainer
I. Contempt (Rule 71)
VI. SPECIAL PROCEEDINGS AND SPECIAL WRITS
A. Settlement of estate of deceased persons
1. Venue and process (Rule 73)
2. Summary settlement of estates (Rule
74)
3. Allowance or disallowance of wills
(Rule 76)
4. Claims against the estate (Rule 86)
Payment of the debts of the estate (Rule
88)
5. Sales, mortgages, and other
encumbrances of property of decedent
(Rule 89)
6. Distribution and partition (Rule 90)
B. Escheat (Rule 91)
C. Guardianship
1. Appointment of guardians (Rule 93)
2. General powers and duties of guardians
(Rule 96)
3. Termination of guardianship (Rule 97)
D. Writ of Habeas Corpus
E. Change of name (Rule 103)
over
F. Cancellation or Correction of entries in the
Civil Registry (Rule 108)
G. Clerical error law (RA 9048)
H. Writ of Amparo (A.M. No. 07-9-12-SC)
I. Writ of Habeas Data (A.M. No. 08-1-16-SC)
J. Rules of Procedure on Environmental Cases
(A.M. No. 09-6-8-SC)
VII. CRIMINAL PROCEDURE
A. General matters
1. Criminal jurisdiction; concept and
requisites for exercise
2. When injunction may be issued
B. Prosecution of offenses (Rule 110)
C. Prosecution of civil action (Rule 111)
D. Preliminary Investigation
E. Arrest (Rule 113)
F. Bail (Rule 114)
G. Arraignment and plea (Rule 116)
H. Motion to quash (Rule 117)
I. Pre-trial (Rule 118)
J. Trial (Rule 119)
K. Judgment (Rule 120)
L. Motion for New Trial or Reconsideration (121)
M. Search and seizure (Rule 126)
N. Provisional remedies in criminal cases (Rule
127)
O. Revised Guidelines on Continuous Trial (A.M.
No. 15-06-10-SC)
4
P. The Rule on Cybercrime Warrants (A.M. No.
17-11-03-SC)

VIII. EVIDENCE (A.M. No. 19-08-15-SC)

A. General concepts
1. Proof vs. evidence

2. Burden of proof vs. burden of evidence

3. Equipoise Rule

B. Admissibility of Evidence
1. Requisites for admissibility of evidence

2. Relevance of Evidence and Collateral

Matters

3. Multiple Admissibility

4. Conditional Admissibility

5. Curative Admissibility

6. Direct and Circumstantial Evidence

7. Positive and Negative Evidence

8. Competent and Credible Evidence

C. Judicial Notice and Judicial Admissions (Rule

129)

D. Object (Real) Evidence (Rule 130, A)

E. Documentary Evidence (Rule 130, B)

1. Definition

2. Original Document Rule

3. Secondary Evidence

4. Parol Evidence

F. Testimonial Evidence (Rule 130, C)

G. Presentation of evidence (Rule 132)

1. Examination of witnesses

2. Authentication and proof of documents

3. Offer and objection

H. Judicial Affidavit Rule (A.M. No. 12-8-8-SC)

I. Weight and sufficiency of evidence (Rule 133)

J. Rules on Electronic Evidence (A.M. No.

01-7-01-SC)

5
 2. Uniform for courts of the same grade.
I. GENERAL PRINCIPLES 3. Shall not diminish, increase, or modify
substantive rights. (Section 5 (5), Article VIII
of the 1987 Constitution)
Substantive law vs. Remedial Law
Power to amend and suspend the rules
Substantive Remedial
Power to Suspend
Creates, defines, and Does not create rights
regulates rights and and duties but lays GR: The Rules must be complied. [Pilapil v. Heirs
duties concerning life, down the methods by of Briones, G.R. No. 150175 (2006)]
liberty or property which the rights and
obligations arising XPN: Suspension of the Rules on the following
from substantive law cases:
are protected, 1. Existence of special or compelling
enforced, and given circumstances.
effect. [Bustos v. 2. Merits of the case
Lucero, G.R. No. 3. Cause not entirely attributable to the fault or
L-2068 (1948)] negligence of the party favored by the
suspension rules.
Creates vested rights Does not created 4. Lack of any showing that the review sought is
vested rights merely frivolous and dilatory
5. The Rights of the other party will not be
Enacted by Congress Promulgated by the unjustly prejudiced thereby. [Sarmiento v.
Supreme Court Zaratan, 514 SCRA 246, 260, citing Sanchez v.
Court of Appeals, 404 SCRA 540]
6. When the purpose of justice requires it.
Rule-making Power of the Supreme Court [Commissioner of Internal Revenue v. Mirant
Pagbilao Corporation, 504 SCRA 484, 496]
SC has the power to promulgate rules 7. Transcendental matters of life, liberty or
concerning: state security. [Mindanao Savings and Loan
1. Protection and enforcement of constitutional Association v. Vda. De Flores, G.R. No.
rights 142022]
2. Pleading, practice, and procedure in all 8. Substantial and important issues await
courts. resolution. [CIR v. Mirant Pagbilao Corp., G.R.
3. Admission to the practice of law. No. 159593 (2006)].
4. The Integrated Bar
5. Legal assistance to the underprivileged. Exception to the Exception: Relieving a litigant
(Section 5, Article VIII of the 1987 of an injustice commensurates with his failure to
Constitution) comply with prescribed procedure and the mere
invocation of substantial justice is not a magical
Note: It has the sole prerogative to amend, incantation that will automatically compel the
repeal, or even establish new rules for a more Court to suspend procedural rules. [Cu-Unjieng v.
simplified and inexpensive process, and the CA, G.R. No. 142022 (2005)]
speedy disposition of cases. [Neypes v. Court of
Appeals, 469 SCRA 633, 643-644] Principle of Judicial Hierarchy
The Court has the power to disapprove rules of
procedure of special courts and quasi-judicial A case must be filed first before the lowest court
bodies. [Echegaray v. Secretary of Justice, 301 possible having the appropriate jurisdiction,
SCRA 96, 112] except if one can advance a special reason which
would allow a party a direct resort to a higher
Limitations on the Rule-Making Power of the court. [page 43, Civil Procedure, Vol. 1, 2016]
Supreme Court
1. Provide a simplified and inexpensive
procedure for the speedy disposition of cases.

6
 Rule for Judicial Hierarchy II. JURISDICTION

GR: Doctrine of Judicial Hierarchy

Classification of Jurisdiction
XPN: Hierarchy may be disregarded on the
following cases:
The power and authority to hear, try and decide a
1. Special and important reasons clearly stated
case and execute its decision. [Echegaray v.
in the petition.
Secretary of Justice, 301 SCRA 96, 108]
2. Dictated by public welfare and the
advancement of public policy.
1. Original vs. Appellate
3. Demanded by the broader interest of justice.
4. Challenged orders were patent nullities.
5. Analogous exceptional and compelling Original Appellate
circumstances called for and justified the
immediate and direct handling by the Court. Actions or Proceedings It has the power of
[Republic v. Caguioa, 691 SCRA 306, 316-317 are originally filed review over the
(2013)] with it. decisions or orders of
6. Genuine issues of Constitutionality that must a lower court.
be addressed at the most immediate time.
[The Diocese of Bacolod v. Commission on
2. General vs. Special
Elections, G.R. No. 205728 (2015)]

Rationale General Special

1. It would be an imposition upon the limited
time of the Court; and Those with Courts of special
2. It would inevitably result in a delay, in the competence to decide jurisdiction are those
adjudication of cases, which are remanded or on their own which have limited
referred to the lower court as the proper jurisdiction and take jurisdiction only for a
forum, or a trier of facts [People v. Azarraga, cognizance of all particular purpose or
G.R. No. 187117 (2011)] cases, civil and are clothed with
criminal, of a special powers for
particular nature. performance of
Doctrine of Non-Interference/Judicial specified duties
Stability beyond which they
have no authority of
A doctrine where no court can interfere by any kind.
injunction with the judgments or orders of
another court of concurrent jurisdiction having 3. Exclusive vs. Concurrent
the power to grant the relief sought by the
injunction [Manalac v. Gellada A.M. No.
RTJ-18-2535 (2018)]. Exclusive Concurrent

Rationale: Exclusive jurisdiction Concurrent

The rationale for the rule is founded on the precludes the idea of jurisdiction is also
concept of jurisdiction: a court that acquires co-existence and refers called coordinate
jurisdiction over the case and renders judgment to jurisdiction jurisdiction. It is
therein has jurisdiction over its judgment, to the possessed to the the power of
exclusion of all other coordinate courts, for its exclusion of others. different courts to
execution and over all its incidents, and to [Cubero v. Laguna West take cognizance of
control, in furtherance of justice, the conduct of Multi-Purpose the same subject
ministerial officers acting in connection with this Cooperatives, Inc., matter. Where such
judgment (ibid.). G.R. No. 166833 jurisdiction exists,
(2006)] the court first
taking cognizance
of the case assumes
jurisdiction to the

7

exclusion of the
other courts.
4. Doctrine of Continuity of Jurisdiction
GR: Once jurisdiction has attached, it cannot be
ousted by subsequent happenings or events.
● The Court, once jurisdiction has been
acquired, retains that jurisdiction until it
finally disposes of the case. [Bantua v.
Mercader, 350 SCRA 86, 96]
XPN:
1. Subsequent statute expressly prohibits
continued jurisdiction and retroactive
effectivity.
2. Change of jurisdiction under the status is
curative in character. [Cda. de Ballesteros v.
Rural Bank of Canaman, G.R. No. 176250
(2010)]
3. Where the law penalizing an act which is
punishable is repealed by a subsequent law.
4. Where there is a violation of basic
constitutional rights, courts are ousted from
their jurisdiction. [Apo Cement Corporation v.
Mingson Industries Corp., G.R. No. 206728
(2014)]
5. Aspects of Jurisdiction
a. Jurisdiction over the Parties
Power of the court to make decisions that are
binding on persons. [De Pedro v. Romasan
Development Corporation, G.R. No. 194751]
How to acquire the jurisdiction over the
defendant
1. Voluntary Submission to the court’s
jurisdiction; or
2. Valid service of summons (Macaset v. Co, G.R.
No. 156759, Jun. 5, 2013)
How jurisdiction over the subject matter is
conferred
It is conferred by law which may be either the
Constitution or a statute. [Guinhawa v. People of
the Philippines, G.R. No. 162822 (2005)]
Note: Jurisdiction over the subject matter cannot
be waived, enlarged or diminished by stipulation
of the parties.
It cannot be conferred by:
1. Voluntary act or agreement of the parties
2. Any act or omission or waiver of the parties
8
3. Acquiescence of the courts, [De la Rosa v.
Roldan, G.R. No. 133882 (2006)]
4. Administrative policy of any court, or
[Arranza v. B.F. Homes, Inc., G.R. No. 131683
(2000)]
5. Court’s unilateral assumption of jurisdiction.
[Tolentino v. Social Security Commission, G.R.
No. L28870 (1985)]
Determination of Jurisdiction Over the Subject
Matter
How is jurisdiction determined
1. By the allegations of the complaint; and
2. Character of the relief sought. (Heirs of
Alfredo Bautista v. Lindo, G.R. No. 208232,
2014)
Effect of Lack of Jurisdiction over Subject
Matter
1. Dismissal of the case
2. If there is already a judgment, it is
considered as no judgment at all. It cannot
be the source of any right or obligation.
3. No legal effect. [Ga, Jr. v. Tubungan, 600
SCRA 739, 746]
4. An appellate court may on its own initiative
dismiss the action.
5. Such judgment is subject to collateral attack.
[Tagalog v. Lim Vda. de Gonzalez, G.R. No.
201286 (2014)]
b. Jurisdiction over the issues
How jurisdiction over the issue is conferred and
determined
1. By the allegations in the pleadings of the
parties.
2. By stipulation of the parties as when, in the
pre-trial, the parties enter into stipulations
of facts and documents or enter into an
agreement simplifying the issues of the case.
(Sec. 2 (b), Rule 18);
3. By Express or implied consent of the parties
(Sec. 5, Rule 10)
c. Jurisdiction over the Res
When jurisdiction over the res necessary
If the action is in rem or quasi in rem, jurisdiction
over the res or thing is necessary.
Over the res Over the person
In Not sufficient Sufficient for the
personam for the court Court to acquire
 Jurisdiction vs. Venue
to acquire jurisdiction.
jurisdiction. Jurisdiction Venue

In Sufficient to Not necessary. Authority of the court Place where the case
rem/quas acquire However, the to hear and determine is to be heard or
i in rem jurisdiction. defendant must be a case. tried.
served summons
not to obtain Matter of Substantive Matter of Procedural
jurisdiction but for Law (Conferred by Law
due process law)
purposes.
Cannot be waived by Waivable and subject
the parties nor to stipulation to
How acquired stipulated. provide convenience
a. Custodia legis - Placing the property or thing to the parties.
under its custody
b. Constructive seizure of the land in a land Lack of jurisdiction Improper venue is not
registration case through publication and over subject matter a ground for the case
service of notice [Republic v. Herbieto, 459 may result in to be dismissed motu
SCRA 183, 196] dismissal of the case proprio.
motu proprio.
Jurisdiction vs. Exercise of Jurisdiction
Jurisdiction Exercise of Objections may be Objections must be
Jurisdiction raised at any stage of raised at earliest
the proceedings possible time, either
Authority to decide a Upon obtaining unless barred by in motion to dismiss
case jurisdiction over the estoppel by laches. or answer under
person and subject omnibus motion rule.
matter (res if in
rem/quasi in rem), it Jurisdiction over cases covered by Barangay
is the decision on all Conciliation, Small Claims Cases and cases
other questions covered by Summary Procedure
arising in the case in
exercise of such a. Katarungang Pambarangay Law
jurisdiction.
[Republic v. G Cases not covered by Barangay Conciliation
Holdings, Inc., G.R.
No. 141241 (2005)] Barangay conciliation is not necessary before
filing a complaint:
ERRORS 1. Where one party is the government, or any
subdivision or instrumentality thereof;
Error of Jurisdiction Error of Judgment
2. Where one party is a public officer or
1. Exercised 1. There is a
employee and the dispute relates to the
jurisdiction not jurisdiction but
performance of his official functions;
conferred upon it the court
3. Where the dispute involves real properties
by law. committed a
located in different cities and municipalities;
2. The court or mistake in
- unless the parties thereto agree to submit
tribunal acts in appreciation of
their differences to amicable settlement by
excess of its the facts and
an appropriate Lupon
jurisdiction or with evidence leading
4. Any complaint by or against corporations,
grave abuse of to an erroneous
partnerships, or juridical entities;
discretion. judgment.
5. Disputes involving parties who actually reside
3. No jurisdiction at
in barangays of different cities or
all.
municipalities; - Except where such barangay
units adjoin each other and the parties agree
Void Judgment Valid Judgment
to submit to amicable settlement by an
appropriate Lupon

9
6. Offenses for which the law prescribes a
maximum penalty of imprisonment exceeding
1 year or a fine of over P5,000;
7. Offenses where there is no private offended
party;
8. Disputes where urgent legal action is
necessary to prevent injustice from being,
specifically the following:
a) Criminal cases where accused is under
police custody or detention [Sec. 412 (b)
(1), Revised Katarungang Pambarangay
Law];
b) Petitions for habeas corpus by a person
illegally deprived of his rightful custody
over another or a person illegally
deprived of or on acting in his behalf;
c) Actions coupled with provisional remedies
such as preliminary injunction,
attachment, delivery of personal property
and support during the pendency of the
action;
d) Actions which may be barred by the
Statute of Limitations.
9. Any class of disputes, which the President
may determine in the interest of justice or
upon the recommendation of the Secretary of
Justice;
10. Where the dispute arises from the
Comprehensive Agrarian Reform Law (Secs. 46
& 47, R. A. 6657);
Repudiation of the settlement
Any party to the dispute may within 10 days from
the date of the settlement, repudiate the same
by:
a. Filing with the lupon chairman a statement of
repudiation,
b. Sworn before him, and
c. Claiming that his consent was vitiated by
fraud, violence, or intimidation.
Note: Such repudiation shall be a sufficient basis
for the issuance of the certification for filing a
complaint. [Sec. 418, LGC]
B. Jurisdiction over Small Claims Cases
Cases Covered
This rule shall govern the procedure in actions for
payment of money where the value of the claim
does not exceed PHP 1million pesos, regardless of
whether the case is filed within or outside Metro
Manila. [A.M. No. 08-8-7-SC]
10
C. Rules on Summary Procedure
Rule shall govern the summary procedure in the
MTC, MTC in Cities, MCTC in the following cases
falling within their jurisdiction:
Civil cases
1. Forcible entry and unlawful detainer cases,
regardless of the amount to be recovered.
Attorney’s fees, if awarded, shall not exceed
One Hundred Thousand Pesos
(PHP100,000.00);
2. All civil actions, except probate proceedings,
admiralty and maritime actions and small
claims where the claim does not exceed Two
Million Pesos (PHP2,000,000.00).
3. Complaints for damages where the claims do
not exceed Two Million Pesos
(PHP2,000,000.00);
4. Cases for enforcement of barangay amicable
settlement agreements and arbitration award
where the money claim exceeds One Million
Pesos (PHP1,000,000.00), provided that no
execution has been enforced within six (6)
months from the settlement date or receipt
of award or the date when the obligation
becomes due and demandable;
5. Cases solely for the revival of judgment of
any first level court;
6. The civil aspect of violations of Batas
Pambansa Blg. 22 (BP 22), if no criminal
action has been instituted.
7. With respect to criminal cases, violation of BP
22 is explicitly included, and the penalty
threshold of all other criminal cases is
increased to imprisonment not exceeding one
year, or a fine not exceeding Fifty Thousand
Pesos (PHP50,000.00), or both, and a fine not
exceeding One Hundred Fifty Thousand Pesos
(PHP150,000.00) for offenses involving
damage to property through criminal
negligence. If the prescribed penalty consists
of imprisonment and/or a fine, the
prescribed imprisonment shall be the basis
for determining the applicable procedure.
Arraignment and pre-trial shall be scheduled
and conducted in accordance with the
Revised Guidelines for Continuous Trial of
Criminal Cases.
EXCEPT: probate proceedings [Sec. 1, as amended
by A.M. 02-11-09-SC]
Criminal cases
1. Traffic laws, rules, and regulations violations
2. Rental law violations
3. Municipal or city ordinance violations
4. All other criminal cases where penalty
prescribed by law for offense charged is
imprisonment not exceeding 6 months and/or
a fine not exceeding P1,000
a. Irrespective of other imposable penalties,
accessory or otherwise, or of civil liability
arising therefrom
b. In offenses involving damage to property
through criminal negligence, this rule
shall govern where an imposable fine
does not exceed P10,000. [Sec. 1]

Where rule shall not apply

1. To a civil case where the plaintiff's cause of
action is pleaded in the same complaint with
another cause of action subject to ordinary
procedure.
2. To a criminal case where offense charged is
necessarily related to another criminal case
subject to ordinary procedure. [Sec. 1]

Note: When the case is already in the Regional

Trial Court, the Rule on Summary Procedure no
longer applies. It applies only in cases filed
before the MTCs. [Jakihaca v. Aquino, G.R. No.
83982 (1990)]

RES JUDICATA

Essential requisites of res judicata

1. The judgment or order rendered must be

final;
2. The court rendering the same must have
Jurisdiction of the subject matter and of the
parties;
3. It must be a judgment or order on the merits;
and
4. There must be between the two cases
identity of parties, identity of subject matter,
and identity of causes of action. [San Diego v.
Cardona, 70 Phil.281(1940].)

11
 JURISDICTION OF COURTS CONCURRENT WITH RTC
Cases affecting
Note: While the ambassadors, other public
SUPREME COURT CIVIL CASES Rules provide ministers, and consuls B.P.
for concurrent Big. 129, Sec.
EXCLUSIVE 1. Petitions for jurisdiction 21(2); CONST. Art. VIIJ, Sec.
ORIGINAL CERTIORARI, among the RTC, 5, par. (1))
JURISDICTION PROHIBITION, or CA and SC, the
MANDAMUS against same is still WITH CA
(CPM): subject to the Petitions for certiorari,
a. Court of Appeals Doctrine prohibition, or mandamus
Judiciary Act of Hierarchy of against:
1948, Sec. 17) Courts 1. RTC (B.P. Blg 129, Sec.
b. Commission of 21, par. (1));
Elections (CONST. 2. Civil Service
Art IX, Sec. 7) Commission (R.A. No.
c. Commission on Audit 7902)
(CONST Art IX. Sec. 3. Central Board of
7) Assessment Appeals
d. Sandiganbayan (P.D. (PD. No. 464, otherwise
No. 1606, as known as the Real
amended); and Properly Tax Code; BP.
e. Court of Tax Appeals Big. 129; R.A. No.
(RA. No. 9282) 7902);
4. NLRC (St. Martin
2. Disciplinary proceedings Funeral Homes v. NLRC,
against members of the G.R. No.130866;
Bar and court personnel September 16, 1998);
(CONST. Art. VIII, Sec. 6; 5. Other quasi-judicial
ROC, RULE 56) agencies (B.P. Big. 129.
R.A. No. 7902)
6. Petitions for writ of
Kalikasan

WITH RTC AND CA

1. Petitions for Habeas
Corpus (B.P. 129, Sec.
9, par. (1), & Sec. 21,
par. (1); CONST.. Art.
VIII. Sec. 5. par. (1));
2. Petitions for Quo
Warranto (B.P. 129.
Sec. 9, par. (1), & Sec.
21, par. (1): CONST. Ari.
VIII. Sec. 5, par. (1 ));
3. Petitions for certiorari,
prohibition or
mandamus against
inferior courts and
other bodies (BP. Big.
129, Secs. 9(1), 21(1);
CONST. Ari. VII, Sec. 5,
par. (1))
4. Petitions for continuing
mandamus (A. M No.
09-6 8-SC, Rule 8, Sec.
1).

12

WITH THE RTC, CA &
SANDIGANBAYAN
1. Petitions for Writ of
Amparo (A,M No.
07-9-12-SC, Sec. 3);
Petitions for Writ of Habeas
Data (A.M No. 08-1-16-SC.
Sec. 3).
1. By way of appeal by
certiorari under Rule
45, against the:
a. Court of Appeals;
b. Sandiganbayan; and
c. RTC on pure
questions of law
2. In cases involving the
constitutionality or
validity of a law or
treaty, international
agreement, or executive
agreement, law,
APPELLATE presidential decree,
proclamation, order,
instruction, ordinance or
regulation, legality of a
tax, impost assessment,
toll or penalty,
jurisdiction of a lower
court (CONST. Art. VIII.
Sec. 5):
3. Court of Tax Appeals En
Banc (R.A. No. 9282, Sec
19).
COURT OF APPEALS (CIVIL CASES)
EXCLUSIVE Actions for annulment of
ORIGINAL judgments of the RTC (B.P.
Big. 129. Sec. 9, par. (2)).
CONCURRENT WITH SC
Petitions for certiorari,
prohibition, or mandamus
Note: While the against:
Rules provide 1. RTC (B.P. Big 129, Sec.
for concurrent 21, par. (1 ));
jurisdiction 2. Civil Service Commission
among the RTC, (R,A. No. 7902);
CA and SC, the 3. Central Board of
same is still Assessment Appeals (P.D
subject to the No. 464; B.P Big 129;
Doctrine of R.A. No. 7902);
13
Hierarchy of 4. NLRC (St. Marlin Funeral
Courts Homes v. NLRC, G.R. No.
130866, September 16,
1998);
5. Other quasi-judicial
agencies (B.P. Big: 129;
6. R.A. No. 7902; Heirs of
Hinog v Melicor, G.R. No.
140954, April 12, 2005);
7. Petitions for Writ of
Kalikasan (A.M. No.
09-6-8-SC, Rule 7. Sec
3).
WITH THE SC & RTC
1. Petitions for Habeas
Corpus
2. Petitions for Quo
Warranto, Petitions for
certiorari, prohibition or
mandamus against
inferior courts and other
bodies (B.P. Big. 129,
Sec. 9, par. (1), 21, par.
(1); CONST Art VJ/I, Sec.
5, par. (1))
3. Petitions for continuing
mandamus (AM No.
09-6-8-SC, Rule 8, Sec.
2).
WITH THE RTC, SC &
SANDIGANBAYAN
1. Petitions for Writ of
Amparo (A.M. No.
07-9-12-SC, Sec. 3),
2. Petitions for Writ of
Habeas Data (A.M. No.
08-1-16-SC, Sec. 3).
1. By way of ordinary
appeal from the RTC and
EXCLUSIVE Family Courts
APPELLATE 2. By way of petition for
review from the RTC
rendered in the exercise
3. By way of petition for
review from the
decisions, resolutions,
orders, or awards of the:
a. Civil Service
Commission
b. Office of the
Ombudsman in
administrative
disciplinary cases
c. Other bodies
 mentioned in Rule 43 With the SC, CA and RTC
(8.P. Big. 129, Sec. Petitions for Writ of Amparo
9, par. (3)); (A:M. No;. 07-9-12-SC,
4. By way of ordinary otherwise known as The Rule
appeal over decisions of on Writ of Amparo, Sec. 3);
MTCs in cadastral or land
registration cases Petitions for Writ of Habeas
pursuant to its delegated Data A:M. No. 08-1-16-SC,
jurisdiction. (B.P. Big. otherwise known as The Rule
129. Sec. 34, as on Writ of Habeas Data, Sec.
amended by R.A. No. 3).
7691).

See BP Blg. 129

SANDIGANBAYAN
REGIONAL TRIAL COURTS
EXCLUSIVE Cases involving violations
ORIGINAL of: EXCLUSIVE (1) All civil actions incapable
1. E.O. No. 1 (PCGG) ORIGINAL of pecuniary estimation
2. E.O. No. 2 (Illegal
Acquisition and NOTE: To determine the
Misappropriations of nature of an action,
Ferdinand Marcos, whether or not its
Imelda Marcos thor close subject matter is capable
relative, subordinates, or incapable of pecuniary
business associates, estimation, the nature of
dummies, agents or the principal action or
nominees) relief sought must be
3. E.O. No. 14 (Cases ascertained. If the
involving the ill-gotten principal relief is for the
wealth of the recovery of a sum of
immediately mentioned money or real property
persons) then the action is
4. E.O. No. 14-A capable of pecuniary
(amendments to E.O. estimation. However if
No. 14 “An Act the principal relief sought
Strengthening Further is not for the recovery of
Further the Functional sum of money or real
and Structural property, even if a claim
Organization of the over a sum of money or
Sandiganbayan, Sec. 2” real property results as a
consequence of the
CONCURRENT With the SC principal relief, the
Note: While the Petitions for certiorari, action is incapable of
Rules provide prohibition and mandamus pecuniary estimation
for concurrent whether or not in aid of its (FIRST SARMIENTO
jurisdiction appellate jurisdiction (A.M. PROPERTY HOLDINGS INC.
among the RTC, No. 07-7-12-SC) v. PBCOM)
CA and SC, the
same is still Petitions for Habeas Corpus, (2) In all civil actions which
subject to the injunction and other involve the title to, or
Doctrine of ancillary writs in aid of its possession of, real
Hierarchy of appellate jurisdiction, property, or any interest
Courts including Quo Warranto therein, where the
arising in cases falling under assessed value exceeds
EO No 1, 2, 14, and 14-A Four hundred thousand
pesos (P400,000.00)

14
 partnership, amounting
NOTE: EXCEPT for to fraud and
forcible entry and misrepresentation
unlawful detainer of Intra-corporate
lands or buildings, the controversies
jurisdiction therein being Controversies in the
conferred to the MTC elections or
appointments of
(3) In all actions in admiralty directors, trustees,
and maritime jurisdiction officers, or managers of
where the demand or corporations,
claims exceeds Two partnerships, or
million pesos associations Petitions of
(P2,000,000.00) corporations, partnership
(4) In all matters of probate, or associations to be
both estate and declared in the state of
intestate, where the suspension of payments
gross value of the estate (Section 5.2, Securities
exceeds Two million Regulation Code)
pesos (P2,000,000.00)
(5) In all actions involving
the contract of marriage
or marital relations SPECIAL SC may designate certain
(6) In all cases not within the branches of RTC to handle
exclusive jurisdiction of exclusive criminal cases,
any court, tribunal, juvenile and domestic
person, or body relations cases, agrarian
exercising jurisdiction of cases, urban land reform
any court, tribunal, or cases which do not fall under
body exercising judicial the jurisdiction of any quasi-
or quasi-judicial functions judicial bodies and agencies,
(7) In all civil actions and and other special cases as the
special proceedings SC may determine in the
falling within the interest of speedy and
exclusive jurisdiction or a efficient and administration
Juvenile and Domestic of justice
relations Court and of the
Court of Agrarian CONCURRENT WITH SC:
Relations as now provdied Action affect ambassadors,
by law Note: While public ministers, and consuls
(8) In all other cases in which the Rules
the demand, exclusive of provide for With the SC & CA
interest, damages of concurrent Petitions for Habeas Corpus
whatever kind, attorney’s jurisdiction Petitions of Quo Warranto
fees, litigation expenses among the Petitions for certiorari,
and costs or the value of RTC, CA and prohibition, or mandamus
the property in SC, the same against inferior courts and
controversy exceeds Two is still subject other bodies; and
million pesos to the Petitions for continuing
(P2,000,000.00) (Section Doctrine of mandamus.
19, BP 129, as amended Hierarchy of
by RA 11576) Courts With the SC, CA, &
(9) Cases involving devices or Sandiganbayan
schemes employed by or Petitions for Writ of Amparo
any acts of the board of and;
directors, business Petition for Writ of Habeas
associates, its officers, or Data

15
 Family Courts have exclusive
With the Insurance original jurisdiction to hear
Commissioner and decide the following
Single claim not exceeding criminal cases:
5,000,000 (RA 10607)
(INSURANCE CODE, as 1. Criminal cases where one
amended by R.A. No. 10607, or more of the accused is
Sec. 439). below eighteen (18) years
of age but not less than
APPELLATE All cases decided by the nine (9) years of age but
MeTC, MTCs and MCTCs in not less than nine (9)
their respective territorial years of age or where one
jurisdiction except decisions or more of the victims is a
of lower courts in the minor at the time of the
exercise of delegated commission of the offense
jurisdiction. 2. Violations of Republic Act
No. 7610, otherwise
known as the “Special
FAMILY COURTS Protection of Children
Against Child Abuse,
Original Family Courts have exclusive Exploitation and
original jurisdiction to hear Discrimination Act,” as
and decide the following civil amended by Republic Act
cases: No. 7658
3. Cases of dometic violence
1. Petitions for guardianship, against:
2. custody of children, a. Women - which are
3. habeas corpus involving acts of gender based
children. violence that results,
4. Petitions for adoption of or are likely to result
children and the in physical, sexual or
revocation thereof; psychological harm or
5. Complaints for suffering to women;
annulment, and and other forms of
declaration of nullity of physical abuse such as
marriage and matters battering or threats
relating to marital status and coercion which
and property relations of violate a woman’s
husband and wife or those personhood, integrity
living together under and freedom
different status or movement
agreement, and petitions b. Children - which
for dissolution of conjugal include the
partnership of gains commission of all
6. Petitions for support forms of abuse,
and/or acknowledgment neglect, cruelty,
7. Summary judicial exploitation,
proceedings under the violence, and
Family Code discrimination and all
8. Petition for declaration of other conditions
status of children as prejudicial to their
abandoned, dependent. development. (RA
9. Petitions for the 8369, Sec. 5 (a)(j)(k))
constitution of the family
home (RA 8369, Sec 5
(b)(c)(d)(e)(f)(g)(h)(i))

16
 MUNICIPAL TRIAL COURTS declared for taxation
purposes, the value of
Exclusive 1. Exclusive original such property shall be
Original jurisdiction over civil determined by the
actions and probate assessed value of the
proceedings, testate and adjacent lots.
intestate, including the
grant of provisional 4. Exclusive original
remedies in proper cases, jurisdiction in admiralty
where the value of the and maritime actions
personal property, estate, where the demand or
or amount of the demand claim does not exceed Two
does not exceed Two million pesos
million pesos (P2,000,000.00
(P2,000,000.00), exclusive
of interest, damages of
whatever kind, attorney’s Special Petition for writ of Habeas
fees, litigation expenses, Corpus or application for bail
and costs, the amount of in criminal cases in the
which must be specifically absence of all RTC judges in
alleged the province or city

NOTE: If there are several

claims or causes of actions Delegated May be assigned by the SC to
between the same or hear cadastral or land
different parties, registration cases where:
embodied in the same
complaint, the amount of 1. There is no
the demand shall be controversy or
totality of the claims in all opposition over the
the causes of action, land; or
irrespective of whether 2. In case of contested
the causes of action arose lands, the value does
out of the same or not exceed P100,000.
different transactions

2. Exclusive jurisdiction over Rules on 1. Forcible entry and

cases of forcible entry and summary unlawful detainer
unlawful detainer. procedure cases, regardless of
3. Exclusive original the amount to be
jurisdiction in all civil recovered. Attorney’s
actions which involve title fees, if awarded, shall
to, or possession of, real not exceed One
property, or any interest Hundred Thousand
therein where the Pesos
assessed value of the (PHP100,000.00);
property or any interest 2. All civil actions,
therein does not exceed except probate
Four hundred thousand proceedings,
pesos (P400,000.00) admiralty and
exclusive on interest, maritime actions and
damages of whatever small claims where
kind, attorney’s fees, the claim does not
litigation expenses and exceed Two Million
costs Pesos
(PHP2,000,000.00).
NOTE: In cases of land not 3. Complaints for

17
 damages where the imprisonment shall be
claims do not exceed the basis for
Two Million Pesos determining the
(PHP2,000,000.00); applicable procedure.
4. Cases for enforcement Arraignment and
of barangay amicable pre-trial shall be
settlement scheduled and
agreements and conducted in
arbitration award accordance with the
where the money Revised Guidelines for
claim exceeds One Continuous Trial of
Million Pesos Criminal Cases.
(PHP1,000,000.00),
provided that no
execution has been
enforced within six (6)
See PD No. 1083
months from the
settlement date or SHARI-A DISTRICT COURTS
receipt of award or
the date when the EXCLUSIVE All cases involving custody,
obligation becomes ORIGINAL guardianship, legitimacy,
due and demandable; paternity and filiation arising
5. Cases solely for the under the Code of Muslim
revival of judgment of Personal Laws;
any first level court;
6. The civil aspect of All cases involving disposition,
violations of Batas distribution and settlement of
Pambansa Blg. 22 (BP the estate of deceased
22), if no criminal Muslims, probate of wills,
action has been issuance of letters of
instituted. administration or appointment
7. With respect to of administrators or executors
criminal cases, regardless of the nature or
violation of BP 22 is the aggregate value of the
explicitly included, property;
and the penalty
threshold of all other Petitions for the declaration
criminal cases is of absence and death and for
increased to the cancellation or correction
imprisonment not of entries in the Muslim
exceeding one year, or Registries;
a fine not exceeding
Fifty Thousand Pesos All actions arising from
(PHP50,000.00), or customary contracts in which
both, and a fine not the parties are Muslims, if
exceeding One they have not specified which
Hundred Fifty which law shall govern their
Thousand Pesos relations All petitions for
(PHP150,000.00) for mandamus, prohibition,
offenses involving injunction, certiorari, habeas
damage to property corpus, and process in aid of
through criminal its appellate jurisdiction
negligence. If the
prescribed penalty
consists of
imprisonment and/or
a fine, the prescribed

18
 WITH EXISTING CIVIL 13 of the Code of Muslim
COURTS: Personal Laws, involving
Petitions by Muslims for the disputes relating to
constitution of a family home,
change of name and Marriage
commitment of an insane Divorce recognized under this
person to an asylum; EXCLUSIVE Code
ORIGINAL Betrothal or breach of contract
All other personal and real to marry
actions wherein the parties Customary Dower (mahr)
involved are Muslims except Disposition and distribution of
CONCURRENT those for forcible entry and property upon divorce
unlawful detainer, which shall Maintenance and support, and,
fall under the exclusive (mu’ta) and
original jurisdiction of the Restitution of Marital Rights
Municipal Circuit Court All cases involving disputes
relative to communal
All special civil actions for properties
Note: While interpleader or declaratory
the Rules relief wherein the parties are Note: The provisions of all laws
provide for Muslims or the property relative to Municipal Circuit
concurrent involved belongs exclusively Courts shall, to the extent that
jurisdiction to Muslims they are not inconsistent with
among the this Code, be applicable to
RTC, CA and the Shari’a Circuit Courts
SC, the same
is still subject
to the
Doctrine of
Hierarchy of
Courts

APPELLATE All cases tried in the Shari’a

Circuit Courts within their
territorial jurisdiction.

Note: The Shari’a District

court shall decide every case
appealed to it on the basis of
the evidence and records
transmitted as well as such
memoranda, briefs or oral
arguments as the parties may
submit.

See PD No. 1083

SHARI-A CIRCUIT COURTS

All civil actions and

proceedings between parties
who are Musllims or have been
married in accordance with Art

19

III. CIVIL PROCEDURE (A.M. No.
19-10-20-SC)
A. General provisions (Rule 1)
When Rules of Court are applicable
1. Civil action - one by which a party sues
another for the enforcement or protections of
a right, or the prevention or redress of a
wrong. (Sec. 3(a), Rule 1)
2. Criminal action - one by which the State
prosecutes a person for an act or omission
punishable by law. (Sec 3(b, Rule 1)
3. Special Proceedings. - is a remedy by which a
party seeks to establish a status, a right, or a
particular fact.(Sec. 3(c), Rule 1).
Cases when the Rules of Court are not
applicable
1. Election cases;
2. Land registration;
3. Cadastral;
4. Naturalization;
5. Insolvency proceedings; and
6. Other cases not herein provided for.
7. Except by analogy or in a suppletory
character and whenever practicable and
convenient. (Sec. 4, Rule 1).
When Procedural Rules not applicable to
pending actions
1. Where the statute itself or by necessary
implication provides that pending actions are
excepted from its operation;
2. If applying the Rule to pending proceedings
would impair vested rights;
3. When to do so would not be feasible or would
work injustice; or
4. If doing so would involve intricate problems
of due process or impair the independence of
the courts (Tan v. CA, G.R. No. 136368,
January 16, 2002).
Causes which may warrant the suspension of
the strict application of rules
1. Most persuasive and weighty reasons;
2. To relieve a litigant from an injustice not
commensurate with his failure to comply with
the
prescribed procedure;
3. Good faith of the defaulting party by
immediately
praying within a reasonable time from the
time of the default;
20
4. The existence of special or compelling
5. The merits of the case;
6. A cause not entirely attributable to the fault
or negligence of a party favored by the
suspension of Rules;
7. A lack of any showing that the review sought,
is merely frivolous and dilatory;
8. The other party will not be unjustly
prejudiced
9. Fraud, accident, mistake or excusable
negligence without appellant’s fault
10. Peculiar legal and equitable circumstances
attendant to each case
11. In the name of substantial justice and fairplay
12. Importance of the issues involved; and
13. Exercise of sound discretion by the judge
guided by all the attendant circumstances.
(Labao v Flores, GR. No. 187984, November
15, 2010).
B. Kinds of Action
1. In Rem - are actions against the thing itself.
They are binding upon the whole world. The
phrase, ‘against a thing’, to describe in rem
actions is a metaphor. It is the party to an in rem
action; only legal or natural persons may be
parties in in rem actions. (Frias v. Alcayde, G.R.
No. 194262, Feb 28, 2018)
2. In Personam - is a proceeding to enforce
personal rights and obligations brought against
the person and is based on the jurisdiction of the
person, although it may involve his right to, or
exercise of ownership of, specific property, or
seek to compel him to control or dispose of it in
accordance with the mandate of the court. (Frias
v. Alcayde, G.R. No. 194262, Feb 28, 2018)
3. Quasi in rem - a proceeding brought against
persons seeking to subject the property of such
persons to the discharge of the claims assailed. In
this action, an individual is named as defendant
and the purpose of the proceeding is to subject
his interests in the property to the obligation or
loan burdening the property. (Frias v. Alcayde,
G.R. No. 194262, Feb 28, 2018)
C. Cause of action (Rule 2)
Elements of cause of action
1. The legal right of the plaintiff;
2. The correlative obligation of the defendant;
and
3. The act or omission of the defendant in
violation of the said legal right (Colmenar v.
Colmenar, G.R. No. 252467, June 21, 2021).
Rule on Splitting of Action
For a single cause of action or violation of right,
the plaintiff may be entitled to several reliefs. It
is the filing of the separate complaints for these
several reliefs that constitutes splitting of the
cause of action prohibited by the rule. (Private
Enterprise Corp v. Magada, G.R. No. 149489, June
30, 2006)
Joinder of Causes of Action - is the union of two
or more civil causes of action, each of which
could be the basis of a separate suit, in the same
complaint, declaration, or petition. (Sps Perez v.
Hermano, G.R. No. 147417, August 8, 2005)
Requisites for joinder of causes of actions (Sec.
5, Rule 2)
1. The party joining the causes of action shall
comply with the rules on joinder of parties (Sec.
6, Rule 3)
2. The joinder shall not included special civil
actions or actions governed by special rules
3. Where the causes of action are between the
same parties but pertain to different venues or
jurisdictions, the joinder may be allowed in the
RTC, provided ONE OF THE CAUSES OF ACTION
falls within the jurisdiction of the RTC and the
venue lies therein.
4. Where the claims in all the causes of action
are principally for recovery of money, jurisdiction
is determined by the aggregate or total amount
claimed. This is known as the totality rule.
Misjoinder of causes of action - is not a ground
for dismissal of an action. A misjoined cause of
action may, on the motion of a party or on the
initiative of the court, be severed and proceeded
with separately. (Sec. 6, Rule 2)
D. Parties to civil actions (Rule 3)
Requirements for a person to be a party to a
civil action:
1. He must be a:
a. Natural person;
b. Juridical person; or
c. Entity authorized by law. (Sec. 1)
2. He must have legal capacity to sue; and
21
3. He must be the real party-in-interest (Sec. 2)
Plaintiff - claiming party, counter-claimant,
cross-claimant, third-party plaintiff. (Sec 1, Rule
3)
Defendant - original defending party, defendant
in a counter-claim, cross-defendant, third-party
defendant. (Sec 1, Rule 3)
Party in interest - party who stands to be
benefited or injured by the judgment in the suit,
or the party entitled to the avails of the suit.
(Sec 2, Rule 3)
Purpose of the requirement for the real party
in interest prosecuting or defending an action
at law are;
1. To prevent the prosecution of actions by
persons without any right, title, or interest in the
case
2. To require that the actual party entitled to
legal relief be the one to prosecute the action
3. To avoid a multiplicity of suits, and
4. To discourage litigation and keep it within
certain bounds, pursuant to public policy. (Phil.
Numismatic and Antiquarian Society v. Aquino,
G.R. No. 206617, January 30, 2017)
Spouses as parties (Sec. 4, Rule 3)
GR - husband and wife shall sue or be sued jointly
in as much as both are co-administrators of the
community property under the system of absolute
community of property as well as the conjugal
partnership of property. (Art 96, 124, Family
Code)
XPN (Family Code)
1. A spouse without just cause abandons the
other or fails to comply with his or her obligations
to the family with respect to marital, parental, or
property relations (Art 101, 128, Family Code)
2. A spouse of age mortgages, encumbers,
alienates or otherwise disposes of his or her
exclusive property. (Art 111, Family Code)
3. The regime of separation of property governs
the property relations between spouses. (Art 145,
Family Code)
Permissive Joinder of Parties (Sec 6, Rule 3)
All persons in whom or against whom any right to
relief in respect to or arising out of the same
transaction or series of transactions is alleged to
exist, whether jointly, severally, or in the
alternative, may, except as otherwise provided in
these Rules, join as plaintiffs or be joined as
defendants in one complaint, where any question
of law or fact common to all such plaintiffs or to
all such defendants may arise in the action.
E. Venue (Rule 4)
Real actions
An action is real when it affects title to or
possession of real property or an interest therein.
(Sec. 1)
1. Where the plaintiff or any of the principal
plaintiffs resides; or
2. Where the defendant or any of the principal
defendants resides. (Sec. 2)
Non-resident defendant
If the defendant is non-resident the venue is
either:
1. Where the plaintiff or any of the principal
plaintiff
resides; or
2. Where the non-resident may be found. (Sec.
3)
Note: All at the election of the plaintiff.

Note: All other actions are personal actions. (Sec. Non-applicability of rule
2) 1) In those cases where a specific rule or law
provides otherwise; or
Action commenced by the plaintiff 2) Where the parties have validly agreed in
1. Where the plaintiff or any of the principal writing before the filing of the action on the
plaintiff resides exclusive venue thereof. (Sec. 4)
2. Where the defendant or any of the principal
defendants resides Requisites of agreement to an exclusive venue
3. Where the non-resident may be found. (Sec. 1. In writing
3) 2. Made before the filing of the action
3. Exclusive as to the venue (Sec. 4(b), Rule 4
When the rules on venue may not be applied
1. Where a specific rule or law provides
F. Pleadings
otherwise
2. Where the parties have validly agreed in
writing before the filing of the action on the Kinds (Rule 6)
exclusive venue thereof. (Sec. 4, Rule 4).
Kinds of pleadings
Where the subject-matter of the action 1. Complaint
involves various parcels of land situated in 2. Counterclaim
different provinces 3. Cross-claim
The venue is determined by the singularity or 4. Third (fourth, etc.) - party complaint
plurality of the transactions involving the said 5. Complaint-in-intervention
parcels of land. Thus: 6. Answer
1. Where the parcels of land are the objects of 7. Reply
one and the same transaction - the venue is 8. Counter-counterclaim and
in the court of any of the provinces wherein a 9. Counter-crossclaim (Rule 6 of Rule of Court)
parcel of land is situated; or
2. If subjects of separate and distinct Summary of Periods on When to File Responsive
transactions - there is no common venue and Pleadings
separate actions should be laid in the court of
the province wherein each parcel of land is
Pleading Period to File Reckoned
situated. (See United Overseas Bank Phils.
From
(Formerly Westmont Bank) vs Rosemoore
Mining & Development Corp And Dra Lourdes
Answer 30 days, Service of
Pascual, G.R. Nos. 159669 & 163521, March
unless summons
12, 2007)
otherwise
specified by
Proper venue in a personal action
the court
A personal action is transitory. The venue is
either:
Answer of a 1. 30 days if 1. Service of

22
defendant the summons Answer to 20 days, Notice of the
foreign foreign to the supplemental unless order
private entity entity has agent, complaint otherwise admitting
an agent, officer, or specified by supplemental
officer or resident the court complaint
resident agent
agent in 2. Receipt of
the summons
Parts and Contents of a pleading (Rule 7)
Philippine by the
s governme
Parts of a pleading
2. 60 days if nt official
1. Caption - contains the name of the court, the
summons designate
title of the action and the docket number if
was d by law
assigned (Sec. 1)
served to
2. The body - which sets forth its designation
a
and the allegation of the party’s claims and
governme
defenses (Sec. 2)
nt official
3. Signature and address - Every pleading must
designate
be signed by the part or counsel representing
d by law
him, stating in either case his address which
to receive
must not be a post office box. (Sec. 3)
the same
4. Certification against forum shopping -
required only in a complaint or other
Answer if Time Notice of
initiatory pleading. (Sec. 5)
summons are specified by extraterritori
served the court, but al
When verification is needed
through not less than service/public
Generally, a pleading need not be verified or
extraterritori 60 days ation of
under oath except only when verification is
al service or summons
required by:
publication
1) A law or
Answer to an 30 days Service of 2) A rule. (Sec. 4, Rule 7)
amended amended
complaint as complaint Manner of making allegations (Rule 8)
a matter of
right Contents of pleadings
Every pleading shall contain in a methodical and
Answer to an 15 days Notice of the logical form, a plain, concise and direct
amended order statement of the ultimate facts, including the
complaint as admitting the evidence on which the party pleading relies for
a matter of amended his or her claim or defense, as the case may be.
discretion of complaint (Sec. 1)
the court
Simply stated, a pleading shall contain:
Answer to a 20 days Service of 1. Ultimate Facts
cross or Cross/Counter 2. Evidentiary Facts
counterclaim -claim
Ultimate and Evidentiary Facts Distinguished
Answer to a 30 days, Service of Ultimate Facts Evidentiary Facts
third party unless summons
complaint otherwise Ultimate facts are Evidentiary Facts are
specified by defined as those facts facts which proves or
the court which the expected establishes said
evidence will support. ultimate facts. (Enrile
Reply 15 days Service of the The term does not v. People, G.R. No.
pleadings refer to the details of 213455, August 11,
responded to probative 2015).
matter or particulars

23
 support his/her denial. (UA v. Wallem Philippines
of evidence by which
Shipping Inc., G.R. No, 171337, July 11, 2012).
these material
elements are to
Types of Specific Denial
be established." It
1. Absolute Denial - by specifying each material
refers to the facts
allegation of the fact in the complaint, the
that the evidence
truth of which the defendant does not admit,
will prove at the
and whenever practicable, setting forth the
trial.
substance of the matters which he will rely
upon to support his denial
2. Partial Denial - by specifying so much of an
Pleading an Actionable Document averment in the complaint as is true and
material and denying only the remainder
What is an Actionable Document? 3. Denial by Disavowal of Knowledge - by
An actionable document is a document in which specifying that the defendant alleges having
an action or defense is found (MBTC v. Ley no knowledge of information sufficient to
Construction Corporation, G.R. No. 185590, form a belief as to the truth of a material
December 3, 2014). averment made in the complaint. This has the
effect of a denial (Rule 8, Sec. 10)
How is it Pleaded?
In pleading an actionable document, the pleader Effect of Failure to make a Specific Denial
must: Failure to make a specific denial will be
1. Set forth in the pleading the substance of the considered an admission of the material
instrument or the document averments in a pleading asserting a claim or
2. Attach in the original or the copy of the claims (Rule 8, Sec. 11).
document to the pleading as an exhibit which
shall form part of the pleading (Rule 8, Sec. Matters which are not deemed admitted
7) 1. Allegations as to the amount of unliquidated
damages
How to Contest an Actionable document 2. Allegations immaterial as to the cause of
1. Specific denial under oath; and action
2. Setting forth what is claimed to be the fact 3. Conclusions of law and facts in a pleading
(Rule 8, Sec. 8). (Riano, 2019, p. 331).

Effect of Failure to Properly Contest an Affirmative Defenses (Rule 6, Sec. 5)

Actionable Document
Failure to specifically deny under oath an
actionable document will result in the admission
of the genuineness and due execution of the
actionable document (Rule 8, Sec. 8)
Definition: An affirmative defense is an
allegation of a new matter which, while
hypothetically admitting the material allegations
in the pleading of the complaint, would
nevertheless prevent or bar recover by him.

NOTE: The above rule does not apply when Effect of making an affirmative defense: There
specific denial under oath is not required. will be a reverse trial.
Specific denial does not apply when:
1. The adverse party does not appear to be a Summary of Affirmative Defenses
party to the instrument; or
Rule 6, Rule 6, Rule 8, Sec
2. The compliance with an order for an
Section Section 12(a)
inspection of the original document is refused
5(b)(1) 5(b)(2)
(Rule 8, sec. 8).
1. Fraud 1. Lack of 1. Lack of
Specific Denials
2. Statute of jurisdictio jurisdictio
Limitation n over the n over the
Definition: A specific denial is made by specifying
s subject person of
each material allegation of fact, the truth of
3. Release matter the
which the defendant does not admit and,
4. Payment 2. Res defendant
whenever practicable, setting forth the substance
5. Illegality Judicata 2. Improper
of the matters upon which he/she relies to

24
 Requisites of a valid declaration of default
6. Statute of 3. Litis venue
1. The court has validly acquired jurisdiction
Fraud Pendentia 3. Lack of
over the person of the defending party either
7. Estoppel 4. Prescripti capacity
by service of summons or voluntary
8. Former on to sue
appearance
Recovery 4. Failure to
2. The defending party fails to file his answer
9. Discharge state a
within the time allowed therefor
in cause of
3. A motion to declare the defending party in
Bankruptc action
default has been filed by the claiming party
y 5. Non-comp
with notice to the defending party. (Sec. 3)
10. Any other liance
matter by with
Amended and supplemental pleadings (Rule 10)
way of conditions
confessio precedent
Instances when amendment is a matter of right
n and
1. A party may amend his pleading once as a
avoidance
matter of right at anytime before a
responsive pleading is served
If the Resolved by Resolved by
2. Amendment of reply - at anytime within ten
following the court the court
(10) calendar days after it is served (Sec. 2)
affirmative motu proprio motu proprio
defenses are when the within 30
Instances when amendment is by leave of court
raised, the grounds days from
1. If the amendment is substantial (Sec. 3)
court may appear from filing of
2. If a responsive pleading has already been
conduct a the pleadings answers
served. Sec. 2)
summary or evidence
hearing within on record
Bill of Particulars (Rule 12)
15 days from
the filing of
Definition: A formal, detailed statement of the
answers
claims or charges brought by a plaintiff or a
prosecutor filed in response to the defendant’s
It shall
request for a more specific complaint (Black’s
resolve the
Legal Dictionary, 11th ed., p. 205)
same within
30 days from
Contents of the motion
the
The motion shall point out:
termination
1. Defects complained of
of summary
2. The paragraphs where they are contained
hearing
3. The details desired by the movant (Rule 12,
Sec. 1)
Affirmative Affirmative Affirmative
defenses are defenses are defenses are
When filed?
NOT a ground grounds to not a ground
1. A motion for a bill of particulars must be filed
for motion to motion to for motion to
before responding to a pleading (Id.)
dismisss dismiss dismiss
2. If the pleading is a reply, it must be filed
within 10 calendar days from the service
Effect of failure to plead (Rule 9) thereof.

GR: Defenses and objections not pleaded in a Upon filing of the motion, the court may:
motion to dismiss or in the answer are deemed 1. To deny the motion outright
waived. (Sec. 1) 2. To grant the motion outright; or
3. To Allow the parties the opportunity to be
XPN: heard (Sec. 2)
1. Prescription of the action
2. Litis pendentia Compliance with the order for bill of
3. Lack of jurisdiction over the subject matter particulars
4. Res judicata (Sec. 1) If the motion is granted, it must be complied with
within 10 calendar days from the notice of the

25
order, UNLESS the court fixes a different period
(Rule 12, Sec. 3).
In complying with said order, the pleader may
serve the bill of particulars in either:
1. A separate pleading; or
2. In the form of an amended pleading (Id.)
Effect of Non-compliance with the order
If the order is not complied with or its
compliance is insufficient, the court may:
1. Order the striking out of the pleading;
2. Order the striking out portions of the
pleading to which the order was direcyrf
3. Make such other order it deems just (Rule 12,
Sec. 4).
Effect of the order in the period to file a
responsive pleading
Filing of the bill of particulars stays the period to
file a responsive pleading. However, period to file
SHALL NOT be less than five days from the
service of the bills of particulars, or notice of
denial of the motion (Rule 12, Sec. 5)
When filing for a bill of particulars is
inappropriate
Filing of a motion for a bill of particulars is
inappropriate if:
1. Where the complaint already states a
sufficient cause of action (Salita v. Magtolis,
G.R. No, 106429, June 13, 1994).
2. In cases where a moton for a bill of
particulars is a prohibited motion. These
include:
a. Cases covered under the Rules of
Summary Procedure (Rules on Summary
Procedure, Section 19)
b. Labor cases (NLRC Rules on Procedure,
Section 5)
c. Cases covered under rules of procedure
for environmental cases (A.M. No.
09-6-8-SC, Rule 2, Sec. 2)
d. Intra-corporate controversies (A.M. No.
01-2-04-SC, Rule 1, Sec. 8)
F. Filing and service of pleadings,
judgments, final orders, and resolutions
Proper manner of filing pleadings and other
court submissions
1. Submitting personally the original thereof,
plainly indicated as such, to the court.
The clerk of court shall endorse on the
pleading the date and hour of filing.
2. Sending them by registered mail
The date of the mailing of motions,
26
pleadings, and other court submissions, and
payments or deposits, as shown by the post
office stamp on the envelope or the registry
receipts shalI be considered as the date of
their filing, payment or deposit in court. The
envelope shall be attached to the record of
the case
3. Sending them by accredited courier
The same as sending them by registered mail;
or
4. Transmitting them by electronic mail or
other electronic means as may be
authorized by the Court in places where
the court is electronically equipped.
The date of electronic transmission shall be
considered as the date of the filing. (Sec. 3)
Papers which are required to be filed and
served
1. Every judgment,
2. Resolution,
3. Order,
4. Pleading subsequent to the complaint,
5. Written motion,
6. Notice,
7. Appearance, Demand,
8. Offer of judgment or
9. Similar papers (Sec. 4)
Modes of service of pleadings
1. Personal service
2. Registered mail
3. Accredited courier
4. Electronic mail
5. Facsimile transmission
6. Other electronic means as may be authorized
by the court or as provided for in
international conventions to which the
Philippines is a party. (Sec. 5)
Completed Service
1. Personal service - Upon actual delivery
2. Service by ordinary mail - Completed upon
the expiration of ten (10) calendar days after
mailing, unless the court otherwise provides
3. Service by registered mail - complete upon:
● Actual receipt by the addressee; or
● After five (5) calendar days from the date
he received the first notice of the
postmaster, whichever date is earlier
4. Service by accredited courier - Completed
upon actual receipt by the addressee, or
after at least two (2) attempts to deliver by
the courier service, or upon the expiration of
five (5) calendar days after the first attempt
to deliver, whichever is earlier.
5. Electronic service - Completed at the time of
 the electronic transmission of the document,
or when available, at the time that the
electronic notification of service of the
document is sent. Electronic service is nit
effective or complete if the party serving the
document learns that it did not reach the
addressee or person to be served.
6. Service by facsimile transmission - Completed
upon receipt by the other party, as indicated
in the facsimile transmission printout.
7. Substituted service - Complete at the time of
such delivery (Sec. 15)
Effects of non-payment
GR: The case must be dismissed if the complaint
is filed without payment of prescribed docket
fees. [Manchester Development Corporation v.
CA, G.R. No. 75919 (1987)].
XPN: The complaint will not be dismissed
provided that:
1. Fees are paid within a reasonable time.
2. The party involved demonstrates a willingness
to abide by the rules for such payment.
[Gochan v. Gochan, G.R. No. 146089 (2001]
3. When insufficient filing fees were initially
paid by the plaintiffs and there is no intent to
defraud the government by failure to pay the
correct amount of filing fees. [Sy-Vargas v.
The Estate of Ogsos Jr., G.R. No. 221062
(2016); Sun Insurance Office, Ltd. v.
Asuncion, G.R. No. 79937-38 (1989)].
G. Summons (Rule 14)
Those who serve the summons
1. Sheriff;
2. Sheriff's deputy; or
3. Other proper court officer; or
4. In case of failure of service by summons by
them, court may authorize the Plaintiff to
serve summon together with the sheriff (Sec.
3)
Modes of service of summons
1. Personal service of summons (Sec. 5)
2. Substituted service of summons (Sec. 6)
3. Summons by publication (Sec. 16)
4. Extraterritorial service of summons (Sec. 17)
5. Service consistent with international
conventions (Sec. 9)
Note: One international convention by which
service of summons in cases of extra-territorial
service may be effected is The Convention on the
Service Abroad of Judicial and Extrajudicial
Documents in Civil or Commercial Matters (Hague
27
Service ConventionFailure to make a specific
denial will be considered an admission of the
material averments in a pleading asserting a
claim or claims.) which was concluded on
November 15, 1965.
The Supreme Court promulgated Administrative
Order No. 251-2020 or the Guidelines in the
Implementation of the Hague Service Convention
on the Service Abroad of Judicial Documents in
Civil and Commercial Matters.
Instances wherein service of summons may be
made by publication
1. Service upon a foreign private juridical entity
(Rule 14, Sec. 14)
2. Service upon defendant whose identity or
whereabouts are unknown (Rule 14, Sec. 16)
3. Extraterritorial service upon a non-resident
defendant (Rule 14, Sec. 17)
4. Service upon a resident temporarily out of
the Philippines (Rule 14, Sec. 18)
Summons may be served on domestic private
juridical entities to:
GR:
1. President
2. Managing partner
3. General manager
4. Corporate secretary
5. Treasurer
6. In-house counsel. (Sec. 12, Rule 14).
XPN: In case of absence or unavailability of the
foregoing persons, service may be made upon:
1. Secretaries of the foregoing persons. [Sec.
12, Rule 14]
2. Person who customarily receives the
correspondence for the defendant at its
principal office.
Doctrine of Substantial Compliance
Requisites:
1. Actual receipt of the summons by the
person served
2. The person must sign a receipt or the
sheriff's return
3. Actual receipt of the summons by the
corporation through the person on whom
the summons was actually served.
Note: The person served upon here is not any
of those enumerated in the Rule.
Requirements for the validity of service of
summons by publication
1. It should only be made in the instances
covered by Sections 14, 16, 17 and 18
(Service upon foreign private juridical
entities, Service upon defendant whose
identity or whereabouts are unknown,
extraterritorial service and residents
temporarily out of the Philippines)
2. There must be an application for leave to
effect service of summons by publication
which shall be through a motion in writing,
supported by the affidavit of the plaintiff or
some person on his behalf, setting forth the
grounds for the application
3. Leave of court must be granted by way of the
order for publication
4. There should be a deposit of a copy of the
summons and the order for publication in the
post office, postage prepaid, directed to the
defendant by registered mail to his last
known address.
5. Publication should be made in a newspaper of
general circulation in such places and for
such time as the court may order
Note: There should be proof of service by
publication, by way of affidavits stating the
matters set forth in sec. 22 of Rule 14.
H. Motions
Non-litigious motions (Rule 15, Sec. 4)
Non-litigious motions
1. Motion for the issuance of alias summons
2. Motion for the issuance of writ of execution
3. Motion for the issuance of an alias writ of
execution
4. Motion for the issuance of writ of possession
5. Motion for postponement
6. Motion for extension of time to file an answer
(Sec. 4)
Litigious motions
1. Motion for bill of particulars
2. Motion to dismiss
3. Motion for new trial
4. Motion for reconsideration
5. Motion for execution pending appeal
6. Motion to amend after a responsive pleading
has been filed
7. Motion to cancel statutory lien
8. Motion for an order to break in or for a writ
of demolition
9. Motion for intervention
28
10. Motion for judgment on pleadings
11. Motion for summary judgment
12. Demurrer to evidence
13. Motion to declare defendant in default
14. Other similar motions (Rule 15, Sec. 5)
Prohibited Motions (Rule 15, Sec. 12)
Prohibited motions
1. Motion to dismiss, except on the following
grounds:
a. That the court has no jurisdiction over
the subject matter of the claim
b. That there is another action pending
between the same parties for the same
cause
c. That the cause of action is barred by a
prior judgment or by the statute of
limitations
2. Motion to hear affirmative defenses
3. Motion for reconsideration of the court’s
action on the affirmative defenses
4. Motion to suspend proceedings without a
temporary restraining order or injunction
issued by a higher court
5. Motion for extension of time to file pleadings,
affidavits or any other papers, except a
motion for extension to file an answer as
provided by Section 11, Rule 11
6. Motion for postponement intended for delay,
except if it is based on acts of God, force
majeure or physical inability of the witness to
appear and testify. If the motion is granted
based on such an exception, the moving party
shall be warned that the presentation of its
evidence must still be terminated on the
dates previously agreed upon. (Sec. 12)
Omnibus Motion Rule
A motion attacking a pleading, order,
judgment, or proceeding shall include all
objections then available. All objections not
included in the motion are deemed waived.
[Sec. 9, Rule 15]
Note: The purpose is to avoid piece-meal
objections. [Manacop v. Court of Appeals, G.R.
No. 104875 (1992)]
Exceptions to Omnibus Motion Rule
The following are non-waivable grounds:
1. Lack of Jurisdiction over Subject Matter
2. Litis pendentia
3. Res judicata
4. Prescription [Sec. 9, Rule 15] 17, Sec. 2)

When is there a dismissal without prejudice?

I. Dismissal of Actions
GR: As a rule, all dismissals by notice of the
Rule 17 plaintiff are without prejudice, allowing the
party to refile the same action.
Dismissal of an action with and without
prejudice XPN: If the dismissal by notice:
1. Expressly provides that the dismissal is with
A complaint may be dismissed by the plaintiff by prejudice; or
filing a notice of dismissal at any time before 2. The dismissal is covered by the two notice
service of the answer or of a motion for summary rule. (Rule 17, Sec. 1)
judgment. Upon such notice being filed, the court
shall issue an order confirming the dismissal. Two-dismissal Rule
(Sec. 1)
When is there a dismissal with prejudice? The notice operates as an adjudication on the
There is a dismissal with prejudice when there is merits when:
not justifiable cause for the plaintiff to: 1. Filed by the same plaintiff
1. Fails to appear on the date of the 2. The first action was once dismissed by a
presentation of his or evidence in chief on competent court by notice
the complaint 3. The second action is based on or including
2. Fails to prosecute his or her action for an the same claim as the first action
unreasonable length of time 4. The second action was also dismissed by
3. Does not copley with the Rules of Court or notice of the plaintiff
any order of the Court
In other words, where there are already two
Other Dismissals with prejudice dismissals by notice of two actions based on
The following grounds may also result in a similar causes of action, it is equivalent to a
dismissal with prejudice: dismissal with prejudice (Rule 17, Sec. 1)
1. The grounds for motion to dismiss which are:
a. Res Judicata Distinction of Dismissal with Prejudice v.
b. Prescription; or Dismissal without Prejudice
2. Presence of affirmative defenses where the
claim or demand of the plaintiff has been Dismissal with Dismissal without
a. Paid; Prejudice Prejudice
b. Waived;
c. Abandoned; A dismissal with Dismissal DOES NOT
d. Extinguished; or prejudice bars the bar the refiling of the
e. Rendered unenforceable under the refiling of the complaint
Statute of Frauds (Rule 15, Sec. 13 complaint and, when
3. Willful and deliberate forum shopping by the the law permits (Rule
party or his or her counsel (Rule 7, Sec. 5) 17, Section 3)
4. Plaintiff’s misrepresentation that he or she
has served summons to the defendant, in It does not bar the defendant from prosecuting
cases where plaintiff is authorized by the his or her counterclaim in the same or
court to serve summons (Rule 14, Sec. 3) separate action (Rule 17, Section 2 & 3)
5. Failure of the plaintiff or counsel to appear
without valid cause in pre-trial, Subject to the right to
court-annexed mediation, and Judicial appeal (Rule 41,
Dispute Resolution (Rule 18, Sec. 3 & 5) Section 1)
6. Dismissal by notice of plaintiff where the
notice provides for dismissal with prejudice
(Rule 17, Sec. 1)
7. Dismissal is covered by the two-dismissal rule
(Rule 17, sec. 1)
8. Dismissal by motion of the plaintiff and the
court orders that it is with prejudice (Rule

29
 of the proceedings up to the promulgation of
J. Pre-trial (Rule 18) the decision and the use of time frames for
each stage in setting the trial dates;
Contents of Notice of Pre-Trial 8. A statement that the one-day examination of
witness rule and most important witness rule
The notice of pre-trial shall include the dates set under A.M. No. 03-1-09-SC (Guidelines for
for: Pre-Trial) shall be strictly followed; and
1. Pre-trial; 9. A statement that the court shall render
2. Court-Annexed Mediation; and judgment on the pleadings or summary
3. Judicial Dispute Resolution, if necessary (Sec. judgment as the case may be. (Section 7,
3, Rule 18) Rule 18)

Valid excuses for the failure of a party or a Distinction of Pre-trial in Criminal and Civil
counsel to appear in Court Cases
1. Acts of God;
2. Force Majeure; or In Civil Cases In Criminal
3. Duly substantiated physical inability (Sec. 4, Cases
Rule 18)
When does it Set after the Pre-trial is
Contents of a pre-trial brief Commence last ordered after
1. A concise statement of the case and the responsive arraignment,
reliefs prayed for; pleading has and within 30
2. A summary of admitted facts and proposed been served days from
stipulation of facts; and filed. The when the
3. The main factual and legal issues to be tried clerk of court court
or resolved; shall issue a acquired
4. The propriety of referral of factual issues to notice of jurisdiction
commissioners; pre-trial over the
5. The documents or other object evidence to within 5 person.
be marked, stating the purpose thereof; calendar days
6. The names of the witnesses, and the from the
summary of their respective testimonies; filing of the
and last
7. A brief statement of points of law and responsive
citation of authorities. (Sec. 6, Rule 18) pleading
Effect of failure to appear during pre-trial What is the Considers the Considers the
The failure of the plaintiff to appear when so purpose purpose of possibility of
required pursuant to the next preceding section amicable a plea
shall be cause for dismissal of the action. The settlement bargaining
dismissal shall be with prejudice, unless through CAM agreement.
otherwise ordered by the court. A similar failure or JDR.
on the part of the defendant shall be cause to
allow the plaintiff to present his evidence ex Matters to be Minutes of the Agreements
parte and the court to render judgment on the discussed pre-trial or admissions
basis thereof. (Section 5, Rule 18) conference made or
shall contain entered
Contents of the pre-trial order the during the
1. An enumeration of the admitted facts; admissions of pre-trial
2. The minutes of the pre-trial conference; facts and conference
3. The legal and factual issue/s to be tried; exhibits to be shall be
4. The applicable law, rules, and jurisprudence; presented, reduced in
5. The evidence marked; and shall be writing and
6. The specific trial dates for continuous trial, signed by the signed
which shall be within the period provided by parties and by BOTH the
the Rules; their counsels accused and
7. The case flowchart to be determined by the counsel.
court which shall contain the different stages

30
 Failure to do that the
so would one-day
results in such examination
admissions of witness
being rules and
inadmissible most
against he important
accused. witness rule
under AM
On pre-trial Shall set forth Shall set forth 3-1-9-SC shall
orders in detail: an the actions be strictly
enumeration taken during followed, and
of the the pre-trial a statement
admitted conference, that the court
facts, the the facts shall render
minutes of stipulated, judgment on
the pre-trial the the pleadings
conference, admissions or summary
legal and made, judgment,
factual evidence as the case
issue/s to be marked, the may be.
tried, number of
applicable witnesses to On effect of For Plaintiff - If the counsel
law, rules, be presented non-appearan Dismissal with for the
and and the ce of parties prejudice accused or
jurisprudence schedule of the
, evidence trial. For prosecutor
marked, defendant - does not
specific trial Court may appear
dates for allow plaintiff without an
continuous to present his acceptable
trial, which or her excuse, the
shall be evidence court may
within the ex-parte. impose proper
period sancitions and
provided for penalties
by the
Rules, case On the Specifically Not required
flowchart to requirement required under the
be of a pre-trial rules (Rule
determined brief 118, Sec. 1)
by the court,
which shall
contain the
different Intervention (Rule 19)
stages of the
proceedings
up to the Requisites for intervention
promulgation
of the Intervention shall be allowed when a person has:
decision and 1. A legal interest in the matter in litigation; or
the use of 2. A legal interest in the success of either of the
time frames parties; or
for each stage 3. A legal interest against both parties; or
in settings the 4. When he is so situated as to be adversely
trial dates, a affected by a distribution or disposition of
statement property in the custody of the court or an
officer thereof

31
5. The intervention should not unduly delay or
prejudice the adjudication of the rights of
original parties;
6. The intervenor’s right or interest can be
adequately pursued and protected in a attendance is required; and
separate proceeding (Sec. 1)
GR: It must be filed before rendition of
judgment by the trial court. After rendition of
judgment, a motion to intervene is barred.
[Sec. 2, Rule 19]
XPN:
1. With respect to indispensable parties,
intervention may be allowed even on
appeal. [Falcasantos v. Falcasantos, G.R.
No. L-4627 (1952)]
2. Intervenor is the Republic [Lim v. Pacquing,
G.R. No. 115044 (1995)]
Note: Prescription does not lie against the
State. The State is not estopped by the
inaction or mistakes of its agents.
Subpoena (Rule 21)
Subpoena
Under Rule 21, it is a process directed to a person
requiring him or her to:
1. Attend and to testify at the hearing or the
trial of an action, or at any investigation
conducted by competent authority;
2. For the taking of his or her deposition;
3. To bring with him or her any books,
documents, or other things under his or her
control. (Section 1)
Note: The first two are called subpoena ad
testificandum and the third is called a subpoena
duces tecum.
The subpoena may be issued by:
1. The court before which the witness is
required to attend;
2. The court of the place where the deposition
is to be taken;
3. The officer or body authorized by law to do
so in connection with investigations
conducted by said officer or body; or
4. Any Justice of the Supreme Court or of the
Court of Appeals in any case or investigation
pending within the Philippines. (Paragraph 1,
Section 2)
Form and contents of a subpoena
A subpoena shall have the following in its form
32
and contents:
1. State the name of the court;
2. Title of the action or investigation;
3. Shall be directed to the person whose
4. Shall contain a reasonable description of the
books, documents or things demanded which
must appear to the court prima facie relevant
in cases for subpoena duces tecum. (Sec. 3,
Rule 21)
Grounds can the court quash a subpoena ad
testificandum
The court may quash a subpoena ad
testificandum on:
1. That the witness is not bound thereby; and
2. The witness fees and kilometrage allowed by
the Rules of Court were not tendered when
the subpoena was served. (Paragraph 2,
section 4, Rule 21)
Grounds can the court quash a subpoena duces
tecum
The court may quash a subpoena duces tecum
upon motion promptly made and, in any event, at
or before the time specified therein if:
1. It is unreasonable and oppressive;
2. The relevancy of the books, documents or
things does not appear;
3. If the person in whose behalf the subpoena is
issued fails to advance the reasonable cost of
the production thereof;or
4. If the witness fees and kilometrage allowed
by the Rules of Court were not tendered
when the subpoena was served. (Section 4,
Rule 21)
Service of subpoena
The service of a subpoena shall be made in the
same manner as personal or substituted service of
summons.
1. The original shall be exhibited and a copy
thereof delivered to the person on whom it is
served.
2. The service must be made so as to allow the
witness a reasonable time for preparation and
travel to the place of attendance.
3. Costs for court attendance and the
production of documents and other materials
subject of the subpoena shall be tendered or
charged accordingly. (Section 6, Rule 21)
A person present in court before a judicial officer
may be required to testify as if he were in
attendance upon a subpoena issued by such court
or officer. (Section 7, of Rule 21).
A subpoena may be served electronically if
express permission is granted by the court.
(Section 14, Rule 13)
How the court compel the attendance of a
witness
In case of failure of a witness to attend:
1. The court or judge issuing the subpoena,
upon proof of the service thereof and of the
failure of the witness, may issue a warrant to
the sheriff of the province, or his deputy, to
arrest the witness and bring him before the
court or officer where his attendance is
required;
2. The cost of such warrant and seizure of such
witness shall be paid by the witness if the
court issuing it shall determine that his or her
failure to answer the subpoena was willful
and without just excuse. (Section 8, of Rule
21)
Additionally under section 9 of Rule 21 the court
also has the power to punish for indirect
contempt any person who fails to obey without
adequate cause a subpoena served upon him.
Computation of time (Rule 22)
Computation of time
Time is computed as follows:
1. In computing any period of time prescribed or
allowed by the Rules of Court, or by order of
the court, or by any applicable statute, the
day of the act or event from which the
designated period of time begins to run is to
be excluded and the date of performance
included;
2. If the last day of the period, as thus
computed, falls on a Saturday, a Sunday, or a
legal holiday in the place where the court
sits, the time shall not run until the next
working day. (Sec. 1)
Modes of discovery
Modes or methods of discovery provided for by
the Rules of Court
1. Depositions pending action (Rule 23) or
before action or pending appeal. (Rule 24).
2. Interrogatories to parties. (Rule 25).
3. Request for admission by an adverse party.
(Rule 26).
4. Motion for Production or inspection of
documents or things. (Rule 27).
5. Motion for physical or mental examination of
a party. (Rule 28).
33
Depositions (Rules 23 and 24)
Kinds of depositions
1. Depositions Pending Action under Rule 23
(Depositions de benne esse);
2. Depositions Before Action or Pending Appeal
under Rule 24 (Depositions in perpetuam rei
memoriam);
3. Depositions taken upon oral examination
(Sec. 1 Rule 23)
4. Deposition taken upon written interrogatories
(Sec. 1 Rule 23)
Note: Deposition taken upon written
interrogatories is very different from Written
Interrogatories under Rule 25
When taken
A deposition may be taken as follows:
1. Upon ex parte motion of a party;
2. The testimony of any person, whether a party
or not, may be taken, at the instance of any
party;
3. Upon oral examination or written
interrogatories. (Section 1, Rule 23)
Note: The deposition of a person confined in
prison may be taken only by leave of court on
such terms as the court prescribes.
Scope of examination of a deponent
Unless otherwise provided by the court in a
protective or limiting order, the deponent may be
examined regarding:
1. Any matter, not privileged;
2. Which is relevant to the subject of the
pending action;
3. Whether relating to the claim or defense of
any party, including the existence,
description, nature, custody, condition, and
location of any books, documents, or other
tangible things and the identity and location
of persons having knowledge of relevant
facts. (Sec. 2 Rule 23)
Proceedings when a deposition may be used
It may be used in the following proceedings:
1. Trial;
2. Hearing of a motion;
3. Interlocutory Proceedings. (Section 4, Rule
23)
Against whom
It may be used against:
1. Any party who was present;
2. Any party who was represented at the taking
of the deposition; or
3. Who had due notice thereof. (Section 4, Rule
 23)
Purposes when a deposition can be used
The Rules of Court lay down the purposes of the
depositions and how it may be used:
1. Any deposition may be used by any party for
the purpose of contradicting or impeaching
the testimony of the deponent as a witness.
This is a common use of a deposition, to
impeach a witness who is under
cross-examination;
2. The deposition of a party or of any one who
at the time of the taking the deposition was
an officer, director, or managing agent of a
public or private corporation, partnership, or
association which is a party may be used by
an adverse party for any purpose;
3. The deposition of a witness, whether or not a
party, may be used by any party for any
purpose if the court finds:
a. That the witness is dead; or
b. That the witness resides at a distance
more than 100 kilometers from the place
of trial or hearing, or is out of the
Philippines, unless it appears that his
absence was procured by the party
offering the deposition;
c. That the witness is is unable to attend or
testify because of age, sickness, infirmity,
or imprisonment; or
d. That the party offering the deposition has
been unable to procure the attendance of
the witness by subpoena; or
e. Upon application and notice, that such
exceptional circumstances exist as to
make it desirable, in the interest of
justice and with due regard to the
importance of presenting the testimony
of witnesses orally in open court, to allow
the deposition to be used.
4. If only part of a deposition is offered in
evidence by a party, the adverse party may
require him or her to introduce all of it which
is relevant to the part introduced, and any
party may introduce any other parts. (Section
4, Rule 23)
Effect of using depositions
The effect of using a deposition is
1. The introduction in evidence of the
deposition or any part thereof makes the
deponent the witness of the party introducing
the deposition;
2. This shall not apply to the use by an adverse
party of a deposition as described in
paragraph (b) of section 4 of Rule 23. (Section
8, Rule 23)
34
Note: Paragraph (a) of section 4 of Rule 23 is also
an exception (Riguerra, 2020)
Before whom a deposition may be taken
Depositions may be taken before the following
within the Philippines:
1. A judge;
2. A notary public;
3. A person authorized to administer oaths if the
parties so stipulate in writing. (Section 10,
Rule 23)
The following may take depositions in foreign
countries:
1. On notice before a secretary of embassy or
legation, consul general, consul, vice-consul,
or consular agent of the Republic of the
Philippines;
2. Before such person as may be appointed by
Commission or under letters rogatory;
3. A person authorized to administer oaths if the
parties so stipulate in writing. (Sections 11
and 14 of Rule 23)
The distinctions of commission from a letters
rogatory
According to the case of Dulay vs. Dulay (G.R. No.
158857 November 11, 2005):
1. A commission is an instrument issued by a
court or tribunal directed to a magistrate or
an individual authorizing him to take the
deposition of the witness named therein:
2. While a letters rogatory is a request to a
foreign court to give its aid, backed by its
power, to secure desired information;
3. Commissions are taken down in accordance
with the rules laid down by the court issuing
the commission;
4. While in letters rogatory, the methods of
procedure are under the control of the
foreign tribunal.
How a party take the deposition of a person
upon oral examination
The following is the procedure for a party
wanting to take the deposition upon oral
examination:
1. A party desiring to take the deposition of any
person upon oral examination shall give
reasonable notice in writing to every other
party to the action;
2. The notice shall state the time and place for
taking the deposition and the name and
address of each person to be examined, if
known;
3. If the name is not known, a general
description sufficient to identify him or her or
the particular class or group to which he or
 she belongs;
4. Proof of service of a notice to take deposition
shall constitute sufficient authorization for
the issuance of subpoenas for the persons
named in said notice by the clerk of court of
the place in which the deposition is to be
taken (Sections 5 and 15 of Rule 23)
Note: On motion of any party upon whom the
notice is served, the court may for cause shown
enlarge or shorten the time.
How an oral deposition be taken
Under Rule 23 of the Rules of Court the procedure
for taking oral depositions are as follows:
1. The officer before whom the deposition is to
be taken shall put the witness on oath and
shall personally, or by some one acting under
his direction and presence, record the
testimony of the witness.
2. The testimony shall be taken stenographically
unless the parties agree otherwise.
3. Examination and cross-examination of
deponents may proceed as permitted at the
trial under Sections 3 to 18 of Rule 132;
4. All objections made at the time of the
examination to the qualifications of the
officer taking the deposition, or to the
manner of taking it, or to the evidence
presented, or to the conduct of any party,
and any other objection to the proceedings,
shall be noted by the officer upon the
deposition. Evidence objected to shall be
taken subject to the objections. Note that
the officer has no power to rule on the
objections;
5. In lieu of participating in the oral
examination, parties served with notice of
taking a deposition may transmit written
interrogatories to the officers, who shall
propound them to the witness and record the
answers verbatim (See Sec. 17 of Rule 23).
When objections to a deposition should be
made
Objections to depositions should be made as
follows:
1. As to competency or relevancy of testimony.
Objections should be made when the
deposition is being offered in evidence.
Objections to the competency of a witness or
the competency, relevancy, or materiality of
testimony are not waived by failure to make
them before or during the taking of the
deposition, unless the ground of the
objection is one which might have been
obviated or removed if presented at that
time;
35
2. As to the form of notice and as to
disqualification of an officer. All errors and
irregularities in the notice for taking a
deposition are waived unless written
objection is promptly served upon the party
giving the notice;
3. Objections to taking a deposition because of
disqualification of the officer before whom it
is to be taken is waived unless made before
the taking of the deposition begins or as soon
thereafter as the disqualification becomes
known or could be discovered with
reasonable diligence.(Sections 6 and 29 of
Rule 23)
Note: The test to determine whether "the ground
of the objection might have been obviated or
removed if presented at that time" is whether the
objection. It will give the other party an
opportunity to cure the deficiency of his proof.
An example would be the lack of qualification of
an expert, which may be cured by objecting at
the time of the taking of the deposition.
(Riguerra, 2020)
Disqualified by interest
The following are disqualified:
1. No deposition shall be taken before a person
who is a relative within the sixth degree of
consanguinity or affinity,
2. An employee of any of the parties
3. A counsel of any of the parties;
4. A relative within the same degree, or
employee of such counsel; or
5. Who is financially interested in the action.
(Section 13 of Rule 23)
Applicable stipulations
The Rules of Court provides that:
1. If the parties so stipulate in writing,
depositions may be taken before any person
authorized to administer oaths,
2. At any time or place, in accordance with
these Rules; and
3. When so taken may be used like other
depositions. (Section 14 of Rule 23)
Orders the court can still make after notice is
served to take depositions
The court may make the following orders:
1. That the deposition shall not be taken;
2. That the deposition may be taken only at
some designated place other than that stated
in the notice;
3. That the deposition may be taken only on
written interrogatories;
4. That certain matters shall not be inquired
into;
5. That the scope of the examination shall be
held with no one present except the parties
to the action and their officers or counsel;
6. That after being sealed the deposition shall
be opened only by order of the court;
7. That secret processes, developments, or
research need not be disclosed; or
8. That the parties shall simultaneously file
specified documents or information enclosed
in sealed envelopes to be opened as directed
by the court. (Section 16, Rule 23)
Note: The court may make any other order which
justice requires to protect the party or witness
from annoyance, embarrassment, or oppression.
Procedure for a submission to witness,
changes, and signing
The procedure for a submission to witness,
changes, and signing are as follows:
1. When the testimony is fully transcribed, the
deposition shall be submitted to the witness
for examination;
2. It shall be read to or by him or her, unless
such examination and reading are waived by
the witness and by the parties;
3. Any changes in form or substance which the
witness desires to make shall be entered
upon the deposition by the officer with a
statement of the reasons given by the witness
for making them;
4. The deposition shall then be signed by the
witness, unless the parties by stipulation
waive the signing or the witness is ill or
cannot be found or refuses to sign;
5. If the deposition is not signed by the witness,
the officer shall sign it and state on the
record the fact of the waiver or of the illness
or absence of the witness or the fact of the
refusal to sign together with the reason given
therefor, if any, and the deposition may then
be used as fully as though signed;
6. Unless on a motion to suppress under
paragraph (f), of Section 29 of this Rule, the
court holds that the reasons given for the
refusal to sign require rejection of the
deposition in whole or in part. (Section 19. of
Rule 23)
Procedures for certification, filing, notice of
filing, and furnishing copies for the
depositions
Under Sections 20, 21, and 22 of Rule 23 provides
that:
1. The officer shall certify on the deposition
that the witness was duly sworn to by him or
her and that the deposition is a true record of
the testimony given by the witness;
36
2. He or she shall then securely seal the
deposition in an envelope indorsed with the
title of the action and marked "Deposition of
(here insert the name of witness)"; and
3. Shall promptly file it with the court in which
the action is pending or send it by registered
mail to the clerk thereof for filing;
4. The officer taking the deposition shall give
prompt notice of its filing to all the parties;
and
5. Upon payment of reasonable charges
therefore, the officer shall furnish a copy of
the deposition to any party or to the
deponent.
Consequences for a party to giving notice of
the taking of a deposition fails to attend or to
serve a subpoena
Failure to comply will result into the following
consequences:
1. For failure to attend and proceed therewith
and another attends in person or by counsel
pursuant to the notice, the court may order
the party giving the notice to pay such other
party the amount of the reasonable expenses
incurred by him or her and his or her counsel
in so attending, including reasonable
attorney's fees;
2. For failure to serve a subpoena upon him or
her and the witness because of such failure
does not attend, and if another party attends
in person or by counsel because he or she
expects the deposition of that witness to be
taken, the court may order the party giving
the notice to pay to such other party the
amount of the reasonable expenses incurred
by him or her and his or her counsel in so
attending, including reasonable attorney's
fees. (Sections 23 and 24 of Rule 23)
Procedure for service of notice and of
interrogatories
The procedure for service of notice and of
interrogatories are as follows:
1. A party desiring to take the deposition of any
person upon written interrogatories shall
serve them upon every other party with a
notice stating the name and address of the
person who is to answer them and the name
or descriptive title and address of the officer
before whom the deposition is to be taken;
2. Within ten (10) calendar days thereafter, a
party so served may serve
cross-interrogatories upon the party
proposing to take the deposition.
3. Within five (5) calendar days thereafter, the
party proposing to take the deposition may
serve redirect interrogatories upon a party
 who has served cross-interrogatories.
4. Within three (3) calendar days after being
served with redirect interrogatories, a party
may serve recross-interrogatories upon the
party proposing to take the deposition.
(Section 25 of Rule 23)
Procedure for officers to take responses and to
prepare to record
The procedure will be as follows:
1. A copy of the notice and copies of all
interrogatories served shall be delivered by
the party taking the deposition to the officer
designated in the notice,
2. Who shall proceed promptly, in the manner
provided by Sections 17, 19 and 20 of Rule 23
to take the testimony of the witness in
response to the interrogatories: and
3. To prepare, certify, and file or mail the
deposition, attaching thereto the copy of the
notice and the interrogatories received by
him or her. (Section 26 of Rule 23)
Note: Under Section 27 of Rule 23 on Notice of
filing and furnishing copies, it provides that when
a deposition upon interrogatories is filed, the
officer taking it shall promptly give notice
thereof to all the parties, and may furnish copies
to them or to the deponent upon payment of
reasonable charges therefor.
Orders for the protection of parties and
deponents
Under Section 28 of Rule 23, the Rules provide
that:
1. After the service of the interrogatories and
prior to the taking of the testimony of the
deponent, the court in which the action is
pending, on motion promptly made by a party
or a deponent, and for good cause shown,
may make any order specified in Sections 15,
16 and 18 of Rule 23 which is appropriate;and
2. An order that the deposition shall not be
taken before the officer designated in the
notice or that it shall not be taken except
upon oral examination.
Effects of errors and irregularities in
depositions
Under Section 29 of Rule 23, the effect of errors
and irregularities in depositions are as follows:
1. As to notice. - All errors and irregularities in
the notice for taking a deposition are waived
unless a written objection is promptly served
upon the party giving the notice.
2. As to disqualification of an officer. -
Objection to taking a deposition because of
disqualification of the officer before whom it
37
is to be taken is waived unless made before
the taking of the deposition begins or as soon
thereafter as the disqualification becomes
known or could be discovered with
reasonable diligence.
3. As to competency or relevancy of evidence. -
Objections to the competency of a witness or
the competency, relevancy, or materiality of
testimony are not waived by failure to make
them before or during the taking of the
deposition, unless the ground of the
objection is one which might have been
obviated or removed if presented at that
time.
4. As to oral examination and other particulars.
- Errors and irregularities occurring at the
oral examination in the manner of taking the
deposition, in the form of the questions or
answers, in the oath or affirmation, or in the
conduct of the parties and errors of any kind
which might be obviated, removed, or cured
if promptly prosecuted, are waived unless
reasonable objection thereto is made at the
taking of the deposition.
5. As to the form of written interrogatories. -
Objections to the form of written
interrogatories submitted under Sections 25
and 26 of this Rule are waived unless served
in writing upon the party propounding them
within the time allowed for serving
succeeding cross or other interrogatories and
within three (3) calendar days after service of
the last interrogatories authorized.
6. As to the manner of preparation. - Errors and
irregularities in the manner in which the
testimony is transcribed or the deposition is
prepared, signed, certified, sealed, indorsed,
transmitted, filed, or otherwise dealt with by
the officer under Sections 17, 19, 20 and 26
of Rule 23 are waived unless a motion to
suppress the deposition or some part thereof
is made with reasonable promptness after
such defect is, or with due diligence might
have been, ascertained.
Definition of Depositions before action or
pending appeal
The definition provided is as follows:
1. If an appeal has been taken from a judgment
of a court, including the Court of Appeals in
proper cases, or before the taking of an
appeal if the time therefor has not expired,
the court in which the judgment was
rendered may allow the taking of depositions
of witnesses to perpetuate their testimony
for use in the event of further proceedings in
the said court;
2. The party who desires to perpetuate the
 testimony may make a motion in the said
court for leave to take the depositions, upon
the same notice and service thereof as if the
action was pending therein. (Paragraph 1,
section 7 of Rule 24)
Contents of a Deposition before action or
pending appeal
The contents are as follows:
1. That the petitioner expects to be a party to
an action in a court of the Philippines but is
presently unable to bring it or cause it to be
brought;
2. The subject matter of the expected action
and his or her interest therein;
3. The facts which he or she desires to establish
by the proposed testimony and his or her
reasons for desiring to perpetuate it;
4. The names or a description of the persons he
or she expects will be adverse parties and
their addresses so far as known; and
5. The names and addresses of the persons to be
examined and the substance of the testimony
which he or she expects to elicit from each,
and shall ask for an order authorizing the
petitioner to take the depositions of the
persons to be examined named in the petition
for the purpose of perpetuating their
testimony (Section 2 of Rule 24).
Note: Section 1 of Rule 24 also adds that the
petition must be verified.
Contents of motion
The motion shall contain:
1. The names and addresses of the persons to be
examined and the substance of the testimony
which he or she expects to elicit from each;
and
2. The reason for perpetuating their testimony.
(Paragraph 2, section 7 of Rule 24)
Note: If the court finds that the perpetuation of
the testimony is proper to avoid a failure or delay
of justice, it may make an order allowing the
depositions to be taken, and thereupon the
depositions may be taken and used in the same
manner and under the same conditions as are
prescribed in these Rules for depositions taken in
pending actions. (Par. 2, Sec. 7, Rule 24)
How a deposition before action or pending
appeal used
Under section 6 of Rule 24, it is provided that if a
deposition to perpetuate testimony is taken
under Rule 24, or if, although not so taken, it
would be admissible in evidence, it may be used
in any action involving the same subject matter
38
subsequently brought in accordance with the
provisions of Sections 4 and 5 of Rule 23.
Procedure for notice, service, order,
examination and how reference should be
made to court
Under sections 3 to 5 of Rule 24, the procedure is
as follows:
1. The petitioner shall serve a notice upon each
person named in the petition as an expected
adverse party, together with a copy of the
petition, stating that the petitioner will apply
to the court, at a time and place named
therein, for the order described in the
petition;
2. At least twenty (20) calendar days before the
date of the hearing, the court shall cause
notice thereof to be served on the parties
and prospective deponents in the manner
provided for service of summons;
3. If the court is satisfied that the perpetuation
of the testimony may prevent a failure or
delay of justice, it shall make an order
designating or describing the persons whose
deposition may be taken and specifying the
subject matter of the examination and
whether the depositions shall be taken upon
oral examination or written interrogatories;
4. The depositions may then be taken in
accordance with Rule 23 before the hearing;
5. For the purpose of applying Rule 23 to
depositions for perpetuating testimony, each
reference therein to the court in which the
action is pending shall be deemed to refer to
the court in which the petition for such
deposition was filed.
Interrogatories to parties (Rule 25)
Purpose of interrogatories to Parties
Under Section 1, Rule 25, its purpose is to elicit
material and relevant facts from any adverse
parties.
I. Service of interrogatories
It is served as follows:
1. Upon ex parte motion, any party desiring to
elicit material and relevant facts from any
adverse parties shall file and serve upon the
latter written interrogatories to be answered
by the party served; or
2. If the party served is a public or private
corporation or a partnership or association,
by any officer thereof competent to testify in
its behalf. (Section 1, Rule 25)
How interrogatories are to be answered
It is answered by:
1. Being answered fully in writing; interrogatories may not be compelled by the
2. Shall be signed and sworn to by the person adverse party to give testimony in open
making them; court; and
3. The party upon whom the interrogatories 2. A party not served with written
have been served shall file and serve a copy interrogatories may not be compelled to give
of the answers on the party submitting the a deposition pending appeal. (Section 6 of
interrogatories within fifteen (15) calendar Rule 25)
days after service thereof, unless the court,
on motion and for good cause shown, extends Effects of Failure to Serve Answers to
or shortens the time.(Section 2, Rule 25) Interrogatories

Interrogatories and written interrogatories in The court on motion and notice, may:
depositions distinguished 1. Strike out all or any part of any pleading of
the party,
Interrogatories under Written
2. Dismiss the action or proceeding or any part
Rule 25 Interrogatories in
thereof, or
deposition
3. Enter a judgment by default against the
party, and
Only have parties as May also include
4. In its discretion, order him to pay reasonable
deponents witnesses
expenses incurred by the other, including
attorney’s fee’s (no citation yet)
Interrogatories are Depositions are not
written without the directly served upon
II. Admission by Adverse Party (Rule 26)
need for authorization the deponent but are
and is directly served instead intervened by
Purpose of admission by an adverse party
upon the adverse the court through an
To be convenient to the parties before the trial
party (Rule 25, Sec. 1) authorized officer
by allowing a party to request an admission from
(Rule 23, Secs.
the adverse party to admit relevant matters and
10,11,20,25,& 27)
materials which will not be disputed during trial.
Interrogatories have Depositions may have Under section 1 of Rule 26, it is to request an
only one set of direct, cross, admission of the genuineness of any material and
questions (Rule 25, re-direct, and re-cross relevant document described in and exhibited
Sec. 4) examinations (Rule with the request or of the truth of any material
23, Sec. 23) and relevant matter of fact set forth in the
request.
Parties are obliged to Depositions do not
answer have fixed time. How an implied admission made and objected
interrogatories within to
15 calendar days, An implied admission is made and objected to are
unless extended or as follows:
shortened by the 1. Each of the matters of which an admission is
court (Rule 20, Sec. 2) requested shall be deemed admitted:
2. Unless, within a period designated in the
request, which shall not be less than fifteen
Scope of the interrogatories (15) calendar days after service thereof, or
Under Section 5 of Rule 25, it provides that the within such further time as the court may
scope of interrogatories are: allow on motion, serves upon the party
1. Any matters that can be inquired into under requesting the admission a sworn statement
Section 2 of Rule 23; and either denying specifically the matters of
2. The answers may be used for the same which an admission is requested or setting
purposes provided in Section 4 of the same forth in detail the reasons why he or she
Rule. cannot truthfully either admit or deny those
matters;
Effect of failure to serve the written 3. Objections to any request for admission shall
interrogatories be submitted to the court by the party
The effects of failure to serve the written requested within the period for and prior to
interrogatories are: the filing of his or her sworn statement;
1. A party not served with written 4. The party's compliance therewith shall be

39
 deferred until such objections are resolved, manner of making the inspection and taking
which resolution shall be made as early as copies and photographs, and may prescribe
practicable. (Section 2 of Rule 26) such terms and conditions as are just.

Note: Under section 4 or Rule 26, the court may Difference between Rule 27 and subpoena
allow the party making an admission under this duces tecum
Rule, whether express or implied, to withdraw or
Rule 27 Subpoena Duces
amend it upon such terms as may be just.
Tecum
Effect of admission
A motion for a A subpoena is a
Any admission made by a party pursuant to such
production or process used during
request is for the purpose of the pending action
inspection order is a the trial proper and
only and shall not constitute an admission by him
pre-trial discovery contemplates that the
or her for any other purpose nor may the same be
device intended to party applying for its
used against him or her in any other proceeding.
obtain facts or issuance intends to
(Section 3 of Rule 26)
documents in order to present in evidence
prepare for trial; the the witness or the
Effect of failure to file and serve requests for
movant may opt not things subject
admission
to use such facts or thereof
A party who fails to file and serve a request for
documents
admission on the adverse party of material and
relevant facts at issue which are, or ought to be,
A motion and a A subpoena duces
within the personal knowledge of the latter, shall
showing of good cause tecum may issue upon
not be permitted to present evidence on such
is required for an an ex parte
facts. An exception is when the court otherwise
order for the application, unless
allows for good cause shown and to prevent a
production or the purpose is to call
failure of justice. (Section 5 of Rule 26)
inspection of the adverse party as a
documents or things witness
I. Production or Inspection of Documents or
Things (Rule 27) An order for A subpoena duces
production or tecum may be
Procedure of producing or inspecting inspection of directed to a nonparty
documents or things documents or things (Rule 21, Sec. 1
Under Rule 27 of the Rules of Court, the can be directed only
procedure is as follows: to a party (Rule 27,
1. Upon motion of any party showing good cause Sec. 1)
therefor, the court in which an action is
pending may
a. Order any party to produce and permit When the production or inspection of
the inspection and copying or documents or things apply
photographing, by or on behalf of the Under Section 1 of Rule 28, this mode of
moving party, of any designated discovery may apply in an action in which the
documents, papers, book s, accounts, mental or physical condition of a party is in
letters, photographs, objects or tangible controversy, the court in which the action is
things, not privileged, which constitute or pending may in its discretion order him or her to
contain evidence material to any matter submit to a physical or mental examination by a
involved in the action and which are in physician.
his or her possession, custody or control;
or Note: Some examples of when this would apply
b. Order any party to permit entry upon are as follows:
designated land or other property in his 1. An action for annulment based on the ground
or her possession or control for the of insanity;
purpose of inspecting, measuring, 2. A petition for guardianship of a person
surveying, or photographing the property alleged to be insane;
or any designated relevant object or 3. An action to recover damages for personal
operation thereon. injury where the issue is the extent of the
injuries of the plaintiff (Riano, 2016)
2. The order shall specify the time, place and

40
Procedure for the physical and mental
examination of persons
The procedure for physical and mental
examination of persons are as follows:
1. The court in which the action is pending may
in its discretion order him or her to submit to
a physical or mental examination by a
physician;
2. The order for examination may be made only
on motion for good cause shown;
3. Upon notice to the party to be examined and
to all other parties; and
4. It shall specify the time, place, manner,
conditions and scope of the examination and
the person or persons by whom it is to be
made. (Sections 1 and 2 of Rule 28)
Procedure for the report of findings
The procedure is as follows:
1. If requested by the party examined, the party
causing the examination to be made shall
deliver to him or her a copy of a detailed
written report of the examining physician
setting out his or her findings and
conclusions;
2. After such request and delivery, the party
causing the examination to be made shall be
entitled upon request to receive from the
party examined a like report of any
examination, previously or thereafter made,
of the same mental or physical condition;
3. If the party examined refuses to deliver such
report, the court on motion and notice may
make an order requiring delivery on such
terms as are just; and
4. If a physician fails or refuses to make such a
report, the court may exclude his or her
testimony if offered at the trial. (Section 3 of
Rule 28)
Party may be compelled by the other to
produce or allow the inspection of document or
things
Requisites:
1. The party must file a motion for the
production or inspection of documents or
things, showing good cause
2. Notice of the motion must be served to all
other parties of the case;
3. The motion must designate the documents,
papers, books, accounts, letters,
photographs, objects or tangible things which
the party wishes to be produced and
inspected;
4. Such documents, etc., are not privileged;
5. Such documents, etc., constitute or contain
41
evidence material to any matter involved in
the action, and
6. Such documents, etc., are in the possession,
custody or control of the other party.
[Security Bank Corporation v. Court of
Appeals, G.R. No. 135874 (2000)]
I. Refusal to comply with the modes of
discovery (Rule 29)
Consequences of the refusal to comply with the
modes of discovery
Under Sections 1, 2, 3, and 5 of Rule 29, the
following are consequences for refusing to comply
with the modes of discovery:
1. If a party or other deponent refuses to
answer any question upon oral examination,
the examination may be completed on other
matters or adjourned as the proponent of the
question may prefer;
2. The proponent may thereafter apply to the
proper court of the place where the
deposition is being taken, for an order to
compel an answer;
3. The same procedure may be availed of when
a party or a witness refuses to answer any
interrogatory submitted under Rules 23 or 25;
4. If the application is granted, the court shall
require the refusing party or deponent to
answer the question or interrogatory and if it
also finds that the refusal to answer was
without substantial justification, it may
require the refusing party or deponent or the
counsel advising the refusal, or both of them,
to pay the proponent the amount of the
reasonable expenses incurred in obtaining the
order, including attorney's fees;
5. If the application is denied and the court
finds that it was filed without substantial
justification, the court may require the
proponent or the counsel advising the filing of
the application, or both of them, to pay to
the refusing party or deponent the amount of
the reasonable expenses incurred in opposing
the application, including attorney's fees;
6. If any party or an officer or managing agent
of a party refuses to obey an order made
under Section 1 of this Rule requiring him or
her to answer designated questions, or an
order under Rule 27 to produce any document
or other thing for inspection, copying, or
photographing or to permit it to be done, or
to permit entry upon land or other property,
or an order made under Rule 28 requiring him
or her to submit to a physical or mental
examination, the court may make such orders
in regard to the refusal as are just, and
among others the following:
 a. An order that the matters regarding
which the questions were ask ed, or the
character or description of the thing or
land, or the contents of the paper, or the
physical or mental condition of the party,
or any other designated facts shall be
taken to be established for the purposes
of the action in accordance with the
claim of the party obtaining the order;
b. An order refusing to allow the
disobedient party to support or oppose
designated claims or defenses or
prohibiting him or her from introducing in
evidence designated documents or things
or items of testimony, or from introducing
evidence of physical or mental condition;
c. An order striking out pleadings or parts
thereof, or staying further proceedings
until the order is obeyed, or dismissing
the action or proceeding or any part
thereof, or rendering a judgment by
default against the disobedient party;
and
d. In lieu of any of the foregoing orders or in
addition thereto, an order directing the
arrest of any party or agent of a party for
disobeying any of such orders except an
order to submit to a physical or mental
examination.
7. If a party or an officer or managing agent of a
party wilfully fails to appear before the
officer who is to take his or her deposition,
after being served with a proper notice, or
fails to serve answers to interrogatories
submitted under Rule 25 after proper service
of such interrogatories, the court on motion
and notice, may strike out all or any part of
any pleading of that party, or dismiss the
action or proceeding or any part thereof, or
enter a judgment by default against that
party, and in its discretion, order him or her
to pay reasonable expenses incurred by the
other, including attorney' s fees; and
8. If a party or other witness refuses to be sworn
or refuses to answer any question after being
directed to do so by the court of the place in
which the deposition is being taken, the
refusal may be considered a contempt of that
court.
Expenses that may be incurred
Under Sections 4 and 6 of Rule 29, the following
expenses may incur:
1. If a party after being served with a request
under Rule 26 to admit the genuineness of
any document or the truth of any matter of
42
fact, serves a sworn denial thereof and if the
party requesting the admissions thereafter
proves the genuineness of such document or
the truth of any such matter of fact, he or
she may apply to the court for an order
requiring the other party to pay him or her
the reasonable expenses incurred in making
such proof, including attorney's fees. 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;
2. Expenses and attorney's fees are not to be
imposed upon the Republic of the Philippines
under this Rule.
Trial (Rule 30)
Difference between a trial and a hearing
Trial Hearing
Trial is limited only to Hearing is more
the presentation of broader in scope as it
evidence and includes pre-trial
witnesses before the conferences, hearing
court on the motion, trial,
and promulgation of
judgment (Tan, 2021
ed., p. 607).
Order of trial in civil actions
According to Section 5 of Rule 30, subject to the
provisions of Section 2 of Rule 31, and unless the
court for special reasons otherwise directs, the
trial shall be limited to the issues stated in the
pre-trial order and shall proceed as follows:
1. The plaintiff shall adduce evidence in support
of his or her complaint;
2. The defendant shall then adduce evidence in
support of his or her defense, counterclaim,
cross-claim and third-party complaint;
3. The third-party defendant, if any, shall
adduce evidence of his or her defense,
counterclaim, cross-claim and fourth-party
complaint;
4. The fourth-party, and so forth, if any, shall
adduce evidence of the material facts
pleaded by them;
5. The parties against whom any counterclaim
or cross-claim has been pleaded, shall adduce
evidence in support of their defense, in the
order to be prescribed by the court;
6. The parties may then respectively adduce
rebutting evidence only, unless the court, for
good reasons and in the furtherance of
justice, permits them to adduce evidence
 upon their original case; and
7. Upon admission of the evidence, the case
shall be deemed submitted for decision,
unless the court directs the parties to argue
or to submit their respective memoranda or
any further pleadings.
If several defendants or third-party defendants,
and so forth, having separate defenses appear by
different counsel, the court shall determine the
relative order of presentation of their evidence.
Reverse trial and when it may be resorted to
According to Yu vs Mapayo (G.R. No. L-29742
March 29, 1972), in a civil case, a reverse trial
may be resorted to if the defendant admits the
material allegations of the complaint but
interposes a lawful defense. Reverse trial is a
trial in which it is the defendant or accused who
presents his evidence ahead of the plaintiff or
the prosecution, who may then present rebutting
evidence. It is called a reverse trial since it is the
reverse of the usual order of trial in which it is
the plaintiff or prosecution who first presents
evidence.
Note: The reason for conducting a reverse trial is
that the plaintiff or prosecution no longer needs
to adduce evidence to prove a judicial admission
(Riguerra, 2020).
Schedule of the trial
Under sections 1, 2, and 4, of Rule 30 of the Rules
of Court, the schedule of trial is as follows:
1. The parties shall strictly observe the
scheduled hearings as agreed upon and set
forth in the pre-trial order:
a. The schedule of the trial dates, for both
plaintiff and defendant shall be
continuous and within the following
periods:
i. The initial presentation of
plaintiff's evidence shall be set
not later than thirty (30) calendar
days after the termination of the
pre-trial conference. Plaintiff
shall be allowed to present its
evidence within a period of three
(3) months or ninety (90)
calendar days which shall include
the date of the judicial dispute
resolution, if necessary;
ii. The initial presentation of
defendant's evidence shall be set
not later than thirty (30) calendar
days after the court's ruling on
plaintiff s formal offer of
evidence. The defendant shall be
43
allowed to present its evidence
within a period of three (3)
months or ninety (90) calendar
days;
iii. The period for the presentation
of evidence on the third (fourth,
etc.)-party claim, counterclaim
or cross-claim shall be
determined by the court the total
of which shall in no case exceed
ninety (90) calendar days; and
iv. If deemed necessary, the court
shall set the presentation of the
parties respective rebuttal
evidence, which shall be
completed within a period of
thirty (30) calendar days;
b. The trial dates may be shortened
depending on the number of witnesses to
be presented, provided that the
presentation of evidence of all parties
shall be terminated within a period of ten
(10) months or three hundred (300)
calendar days. If there are no third
(fourth, etc.)-party claim, counterclaim
or cross-claim, the presentation of
evidence shall be terminated within a
period of six (6) months or one hundred
eighty (180) calendar days;
c. The court shall decide and serve copies of
its decision to the parties within a period
not exceeding ninety (90) calendar days
from the submission of the case for
resolution, with or without memoranda;
2. A court may adjourn a trial from day to day,
and to any stated time, as the expeditious
and convenient transaction of business may
require;
3. But shall have no power to adjourn a trial for
a longer period than one (1) month for each
adjournment, nor more than three (3) months
in all, except when authorized in writing by
the Court Administrator, Supreme Court;
4. The party who caused the postponement is
warned that the presentation of its evidence
must still be terminated on the remaining
dates previously agreed upon;
5. Trial shall be held from Monday to Thursday,
and courts shall call the cases at exactly 8:30
a.m. and 2:00 p.m. pursuant to
Administrative Circular No. 3-99;
6. Hearing on motions shall be held on Fridays,
pursuant to Section 8, Rule 15;
7. All courts shall ensure the posting of their
court calendars outside their courtrooms at
least one (1) day before the scheduled
 hearings, pursuant to OCA Circular No.
250-2015. Demurrer to Evidence (Rule 33)

Requisites for a motion to postpone trial for Requisites in filing a demurrer to evidence
illness of a party or a counsel 1. Plaintiff has completed the presentation of
A motion to postpone a trial on the ground of his or her evidence;
illness of a party or counsel may be granted if the 2. Upon the facts and the law, plaintiff has
following concurs: shown no right to relief (Rule 33, Sec. 1)
1. If it appears upon affidavit or sworn
certification that the presence of such party Prohibited remedies in case of a denial of the
or counsel at the trial is indispensable; and demurrer to evidence
2. That the character of his or her illness is such 1. Appeal
as to render his or her non-attendance 2. Petition for Certiorari
excusable. (Section 3 of Rule 30) 3. Prohibition or Mandamus before judgment
(Rule 33, Sec 2)
Procedure for the agreed statement of facts
Under Section 7 of Rule 30, the parties to any Effect of denying or granting a motion for
action may: demurrer of evidence
1. Agree, in writing, upon the facts involved in
the litigation; and Denial of Motion Granting of Motion
2. Submit the case for judgment on the facts
agreed upon, without the introduction of Movant shall have the The case shall be
evidence. right to present his dismissed
evidence
Note: If the parties agree only on some of the
facts in issue, the trial shall be held as to the Motion is It is appealable on the
disputed facts in such order as the court shall interlocutory. part of the plaintiff
prescribe. However, the denial
of the demurrer is not
Reception of evidence subject to appeal,
The evidence is received as follows: certiorari,
1. The judge of the court where the case is prohibition, or
pending shall personally receive the evidence mandamus.
to be adduced by the parties;
2. However, in default or ex parte hearings, and Remedy is to appeal
in any case where the parties agree in the adverse judgment
writing, the court may delegate the reception on the part of the
of evidence to its clerk of court who is a defendant
member of the bar;
If on appeal of the If on appeal,
3. The clerk of court shall have no power to rule
judgment, denial of demurrer is reversed,
on objections to any question or to the
demurrer is reversed, defendant deemed to
admission of exhibits, which objections shall
the case shall be have waived his right
be resolved by the court upon submission of
dismissed. to present evidence;
his or her report and the transcripts within
appellate court shall
ten (10) calendar days from termination of
render judgment
the hearing. (Section 9 of Rule 30)
based on the evidence
of the plaintiff.

Consolidation or severance (Rule 31)

Distinguishing demurrer of evidence in civil
and criminal cases
Requisites for consolidation
Civil Case Criminal Case
1. Actions which involve a common question of
law or fact; and Leave of court is not Leave of court is
2. There must be at least two actions pending necessary to file necessary.
before the same court (Sec. 1). demurrer

44
If the court finds that If the court finds that
the evidence is the prosecution’s
insufficient, the evidence is
demurrer will be snsufficient, the
granted and the case demurrer will be
will be dismissed. granted which will
have the effect of
The dismissal is acquitting the
appealable accused.
The dismissal is not
appealable on the
basis of double
jeopardy.
If the plaintiff Judgment is
appeals, and the unappealable on the
judgment is reversed, ground of double
the appellate court jeopardy.
shall decide the case
on the basis of the
plaintiff’s evidence.
The defendant loses
his right to present
evidence (Rule 33,
Sec. 1)
If the court denies the If the court denies the
demurrer, the demurrer, there may
defendant will be 2 scenarios:
present his evidence.
1. If the demurrer
was acquired with
the express leave
of court, the
accused may
present evidence
2. If the demurrer
was acquired
without express
leave of court,
the accused can
no longer present
evidence, and the
case shall be
submitted for
decision on the
basis of the
prosecution’s
evidence.
45
Judgments and final orders
1. Judgment on the pleadings (Rule 34)
When the court direct a judgment on the
pleadings
1. Where an answer fails to tender an issue, or
2. Otherwise admits the material allegations of
the adverse party's pleading (Sec. 1)
Actions in which material facts shall always be
proved
1. Declaration of nullity of marriage
2. Annulment of marriage
3. Legal Separation (R34, S1)
Prohibited remedies in any action of the court
on a motion for judgment on the pleadings
1. Appeal
2. Petition for Certiorari
3. Prohibition or Mandamus (R34, S2)
2. Summary judgments (Rule 35)
Shall be cited in a motion for summary
judgment
1. Supporting affidavits
2. Depositions or admissions
3. Specific law relied upon (R35, S3)
Requisites for the court to render summary
judgment
1. The court does not order the conduct of a
hearing;
2. The pleadings, supporting affidavits,
depositions and admissions on file, show that,
except as to the amount of damages, there is
no genuine issue as to any material fact; and
3. The moving party is entitled to judgment as a
matter of law (R35, S3).
Prohibited remedies in any action of the court
on a motion for judgment on the pleadings
1. Appeal
2. Petition for Certiorari
3. Prohibition or Mandamus (R35, S3)
Requisites of an affidavit and supporting
papers
1. Be made on personal knowledge;
2. Set forth such facts as would be admissible in
evidence;
3. Show affirmatively that the affiant is
competent to testify to the matters stated
therein;
4. Attach or serve certified true copies of all
papers or parts thereof referred to in the
 affidavit (R35, S5).
Remedies in case a party presents an affidavit
in bad faith
1. Pay the offended party the amount of
reasonable expenses which the filing of the
affidavits caused him or her to incur,
including attorney’s fees
2. Contempt (R35, S6)
3. Rendition and entry of judgments and final
orders (Rule 36)
Requisites of a valid judgment or final order
determining the merits of the case
1. In writing;
2. Personally and directly prepared by the
judge;
3. Stating clearly and distinctly the facts and
the law on which it is based;
4. Signed by the judge; and
5. Filed with the clerk of the court (R36, S1).
Requisites for entry of judgment or final order
1. No appeal or motion for new trial or
reconsideration is filed within the time
provided in these Rules; Record shall contain
the dispositive part of the judgment or final
order;
2. Signed by the clerk;
3. With a certificate that such judgment or final
order has become final and executory (R36,
S2).
Motion for New Trial or Reconsideration
1. Rule 37
Essential requisites of a Motion for New Trial
1. Must be filed within the period for taking an
appeal;
2. Based on one or more of the following causes:
a. Fraud, accident, mistake or excusable
negligence; or
b. Newly discovered evidence (R37, S1).
Requisites of excusable negligence
1. Ordinary prudence could not have guarded
against; and
2. By reason of which, such aggrieved party has
probably been impaired in his rights [R37, S1
(a)].
Requisites of newly discovered evidence
1. Could not, with reasonable diligence, have
discovered and produced at the trial; and
2. If presented, it would probably alter the
result [R37, S1 (b)].
46
Essential requisites of filing a Motion for
Reconsideration
1. Must be filed within the period for taking an
appeal;
2. Based on any of the following grounds:
a. Damages awarded are excessive;
b. Evidence is insufficient to justify the
decision or final order; or
c. Decision or final order is contrary to law
(R37, S1).
Formal requisites of a Motion for New Trial
based on the grounds of fraud, accident,
mistake, or excusable negligence
1. In writing;
2. Statement of the ground or grounds therefor;
3. Written notice of which shall be served by the
movant on the adverse party;
4. Supported by affidavits of merits (R37, S2).
Formal requisites of a Motion for New Trial
based on the ground of newly discovered
evidence
1. In writing;
2. Statement of the ground or grounds therefor;
3. Written notice of which shall be served by the
movant on the adverse party;
4. Supported by:
a. Affidavits of the witnesses by whom such
evidence is expected to be given, or
b. Duly authenticated documents which are
proposed to be introduced in evidence
(R37, S2).
Formal requisites of a Motion for
Reconsideration
1. In writing;
2. Statement of the ground or grounds therefor;
3. Written notice of which shall be served by the
movant on the adverse party;
4. Point out specifically the findings or
conclusions of the judgment or final order
which are:
a. Not supported by the evidence,
making express reference to the
testimonial or documentary evidence;
or
b. Which are contrary to law, making
express reference to the provisions of
law alleged to be contrary to such
findings or conclusions (R37, S2).
Remedy against denial and fresh-period rule
Remedy in case of a denial of a Motion for New
Trial or Reconsideration
Appeal from the final judgment or final order
(R37, S9)

Requisites to avail of the fresh-period rule
1. A Motion for New Trial or Reconsideration was
filed;
2. It was denied;
3. Notice of appeal must be filed within 15 days
from receipt of the order of denial (Neypes v.
CA).
Execution, satisfaction, and effect of
judgments (Rule 39)
Requisites for discretionary execution
1. On motion of the prevailing party;
2. With notice to the adverse party;
3. Filed in the:
a. Trial court while it has jurisdiction over
the case and is in possession of either the
original record or the record on appeal,
as the case may be;
b. Appellate court if trial court has lost its
jurisdiction.
4. Upon good reasons (R39, S2).
Requisites to stay immediate execution
1. The defendant perfects his appeal
2. He files sufficient supersedeas bond to pay
the rents, damages and costs accruing down
to the time of judgment appealed from; and
3. When the defendant makes periodical
deposits with the appellate court, during
pendency of the appeal the amount of rent
due from time to time under the contract or,
in the absence of a contract, the reasonable
value of the use and occupation of the
premises (2 Riano, supra at 363).
Content of a writ of execution
1. Issue in the name of the Republic of the
Philippines from the court which granted the
motion;
2. State the name of the court, the case number
and title, the dispositive part of the subject
judgment or order; and
3. Require the sheriff or other proper officer to
whom it is directed to enforce the writ
according to its terms (R39, S8)
Ways to enforce execution of judgments for
money
1. Immediate payment on demand
2. Satisfaction by levy
3. Garnishment of debts and credits (R39, S8)
Properties exempt from execution
1. The judgment obligor's family home as
provided by law, or the homestead in which
47
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;
7. The professional libraries and equipment of
judges, lawyers, physicians, pharmacists,
dentists, engineers, surveyors, clergymen,
teachers, and other professionals, not
exceeding three hundred 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 (R39,
S13).
Contents of a certificate of sale containing
1. A particular description of the real property
sold;
2. The price paid for each distinct lot or parcel;
3. The whole price paid by him;
4. A statement that the right of redemption
expires one (1) year from the date of the
registration of the certificate of sale (R39,
S25).
Persons who may redeem real property sold
1. The judgment obligor; or his successor in
interest in the whole or any part of the
property;
2. A creditor having a lien by virtue of an
attachment, judgment or mortgage on the
property sold, or on some part thereof,
subsequent to the lien under which the
property was sold (R39, S27).
I. Appeals; General Principles
Nature of the right to appeal
Nature of the right to appeal
The right to appeal is not a part of due process
but a mere statutory privilege that has to be
exercised only in the manner and in accordance
with the provisions of law. The party who seeks
to avail of the same must comply with the
requirement of the rules, failing in which the
right to appeal is lost. (Beatingo v. Gasis, G.R.
no. 179641, February 9, 2011)
Judgments and finals orders subject to appeal
(Revised Rules of Court, Rule 41, Sec. 1 Par.
1).
Kinds of judgments and final orders that can
be subject to appeal
An appeal may be taken from:
a. A judgment or final order that completely
disposes of the case; or
b. A particular matter therein when declared by
these Rules to be appealable.
Matters not appealable; available remedies
Matters that cannot be appealed
No appeal may be taken from:
1. An order denying a motion for new trial or
reconsideration;
2. An order denying a petition for relief or any
similar motion seeking relief from judgment;
3. An interlocutory order;
4. An order disallowing or dismissing an appeal;
5. An order denying a motion to set aside a
judgment by consent, confession or
compromise on the ground of fraud, mistake
or duress, or any other ground vitiating
consent;
6. An order of execution;
7. A judgment or final order for or against one
or more of several parties or in separate
claims, counterclaims, cross-claims and
third-party complaints, while the main case is
pending, unless the court allows an appeal
therefrom; and
8. An order dismissing an action without
prejudice. (Revised Rules of Court, Rule 41,
Sec. 1 Par. 2).
48
Remedy available for the aforementioned
cases
In all the above instances where the judgment or
final order is not appealable, the aggrieved party
may file an appropriate special civil action under
Rule 65. (Revised Rules of Court, Rule 41, Sec. 1
Par. 3)
Doctrine of finality/Immutability of Judgment
Doctrine of Finality/Immutability of Judgment?
The power to amend a judgment is inherent in
the court before judgment becomes final and
executory. After judgment has become final and
executory, it becomes immutable and
unalterable, that is, it can no longer be modified.
(FGU Insurance Corp. v. RTC of Makati, G.R. No.
161282, February 23, 2011)
Exceptions
a. The existence of special or compelling
circumstances;
b. The merits of the case;
c. A cause not entirely attributable to the fault
or negligence of the party favored by the
suspension of rules;
d. A lack of any showing that the review sought
is merely frivolous and dilatory;
e. The other party will not be unjustly
prejudiced thereby (Sarmiento v. Zaratan,
G.R. No. 167471, February 5, 2007); and
f. Transcendental matters of life, liberty or
state security. (Mindanao Savings and Loan
Association v. Vda. de Flores, G.R. No.
142022, September 7, 2005)
II. Post-judgment remedies other than
appeal
Remedies before finality of judgment
1. Motion for Reconsideration (Rule 37)
2. Motion for New Trial (Rule 37)
3. Appeal (Rules 40-45)
Remedies after judgment becomes executory
1. Petition for relief from judgment (Rule 38)
2. Action to annul judgment (Rule 47)
3. Certiorari (Rule 65)
4. Collateral attack of judgment
A. Petition for relief from judgment (Rule 38)
Petition for Relief from Judgment
Relief from judgment under Rule 38 is a remedy
provided by law to any person against whom a
decision or order is entered through Fraud,
Accident, Mistake, or Excusable negligence.
(FAME) It is a remedy, equitable in character, that
is allowed only in exceptional cases when there is
no other available or adequate remedy. The
prayer in the petition is for the judgment, order
or proceeding to be set aside.
Grounds for a petition for relief from judgment
1. When a judgment or final order is entered or
any other proceeding is thereafter taken
against the petitioner through FAME (Sec. 1)
2. When petitioner has been prevented from
taking an appeal by FAME (Sec. 2)
Requisites of Petition for Relief
1. Fraud, Accident, Mistake, or Excusable
negligence (FAME)
2. Presence of good and substantial cause of
action or defense, as the case may be; and
3. Filing of the petition for relief with the
period provided for in Section 3 of the Rule
Where to file a Petition for Relief
A petition for relief based on any of the foregoing
grounds may be filed before the court which
rendered judgment, ordered the proceeding, or
denied his appeal, in the same case, praying that
the judgment or proceeding be set aside or that
his appeal be given due course.
When to file a Petition for Relief
A petition must be verified and filed within sixty
(60) days after the petitioner learns of the
judgment, final order, or other proceeding to be
set aside, and not more than six (6) months after
such proceeding was taken; and must be
accompanied with affidavits showing the fraud,
accident, mistake, or excusable negligence relied
upon, and the facts constituting the petitioner’s
good and substantial cause of action or defense.
(Sec. 3)
When will the court issue an order to file an
answer?
If the petition is sufficient in form and in
substance, the court shall issue an order requiring
the adverse parties to answer within fifteen (15)
days from receipt thereof. The order shall be
served in such manner as the court may direct,
together with copies of the petition and the
accompanying affidavits. (Sec. 4)
Summons need not be served upon the adverse
party since a petition for relief is not an
independent action but a continuation of the
original case. Under this rule, the court will
simply serve an order requiring the respondent to
answer and failure to answer does not warrant a
49
declaration of default.
Purpose of the Writ of Preliminary Injunction
pending proceedings
The purpose of the writ of preliminary injunction
is to stay execution of the judgment from which
relief is sought inasmuch as such judgment is
already final and executor. The injunction shall
not extinguish any lien, such as a levy on
attachment or execution. (Sec. 5)
Proceedings after the answer is filed
1. Hearing on the determination whether the
judgment should be set aside; it finds that
the allegations in the petition are not true,
the petition shall be dismissed; but if it finds
said allegations to be true, it shall set aside
the judgment or final order or other
proceeding complained of upon such terms as
may be just. Thereafter the case shall stand
as if such judgment, final order or other
proceeding had never been rendered, issued
or taken.
2. The court shall then proceed to hear and
determine the case as if a timely motion for a
new trial or reconsideration had been granted
by it.
Procedure where the denial of an appeal is set
aside
Where the denial of an appeal is set aside, the
lower court shall be required to give due course
to the appeal and to elevate the record of the
appealed case as if a timely and proper appeal
had been made. (Sec. 7)
Remedies if Rule 38 is no longer available
1. Petition for Annulment of Judgment under
Rule 47; and
2. A direct or collateral attack if judgment is
void ab initio for lack of jurisdiction
B. Annulments of judgment by the Court of
Appeals (Rule 47)
Annulment of judgment
It is a remedy in law independent of the case
where the judgment sought to be annulled was
rendered. The purpose of such action is to have
the final and executory judgment set aside so
that there will be a renewal of litigation. It is a
recourse equitable in character, allowed only in
exceptional cases where there is no available or
adequate remedy.
Grounds
The judgment may be annulled on the grounds of
extrinsic or collateral fraud and lack of
jurisdiction. However, extrinsic fraud shall not be
a valid ground if it was availed of, or could have
been availed of, in a motion for new trial or
petition for relief. (Sec. 2)
Coverage
Rule 47 governs the annulment by the CA of
judgments or final orders and resolutions in civil
actions of RTC, for which ordinary remedies of
new trial, appeal, petition for relief or other
appropriate remedies are no longer available
through no fault of the petitioner. Rule 47 does
not apply to criminal cases. (Sec. 1)
Period for filing action
If it based on extrinsic fraud, action must be filed
within four (4) years from its discovery; and if it
is based on lack of jurisdiction, before it is barred
by laches or estoppel. (Sec. 3)
How will the action be commenced
1. Verified petition alleging therein:
a. With particularity the facts and the law
relied upon; and
b. Those supporting petitioner’s good and
substantial cause of action or defense
2. Filed in one original copy (properly marked)
and two clearly legible copies together with
sufficient copies corresponding to the number
of respondents
3. Certified true copy of the judgment or final
order or resolution shall be attached to the
original copy of the petition intended for the
court and indicated as such by the petitioner
4. Affidavits of witnesses or documents
supporting the cause of action or defense;
and
5. Certificate of non-forum shopping (Sec. 4)
Stages of action by the court
Two stages:
1. A preliminary evaluation of the petition for
prima facie merit therein; and
2. The issuance of summons as in ordinary civil
cases and such appropriate proceedings
thereafter as contemplated in Sec. 6, should
prima facie merit be found in the petition
The rule allows the CA to dismiss the petition
outright. (Sec. 5)
Procedure
Procedure in ordinary cases shall be observed.
Should a trial be necessary, the reception of
evidence may be referred to a member of the
court or a judge of RTC. (Sec. 6)
50
Effect of judgment
1. A judgment of annulment based on lack of
jurisdiction shall set aside the questioned
judgment or final order or resolution and
render the same null and void, without
prejudice to the original action being refilled
in the proper court.
2. Where the judgment or final order or
resolution is set aside on the ground of
extrinsic fraud, the court, upon motion, may
order the trial court to try the case as if a
timely motion for new trial has been granted
therein. (Sec. 7)
Suspension of prescriptive period
Prescriptive period for the refilling of the
aforesaid original action shall be deemed
suspended from the filing of such original action
until the finality of the judgment of annulment.
However, the prescriptive period shall not be
suspended where the extrinsic fraud is
attributable to the plaintiff in the original action.
(Sec. 8)
Reliefs available
Judgment may include award of damages,
attorney’s fees and other relief. If the questioned
judgment or final order or resolution had already
been executed, the court may issue such orders
of restitution or other relief as justice and equity
may warrant under the circumstances.
C. Collateral attack on judgments, when
proper
When a collateral attack on judgment is
proper
A collateral attack is made when, in another
action to obtain a different relief, an attack on
the judgment is made as an incident in said
action. This is proper only when the judgment, on
its face, is null and void, as where it is patent
that the court which rendered said judgment has
no jurisdiction. (Romeo and Marcelita Co vs CA
GR 93687 May 6, 1991)
D. Rule 65 as a remedy from judgment
Rule 65 as a remedy from a judgment
A petition for certiorari is the proper remedy to
assail the RTC's Decision, which acquitted him of
the offense charged. A petition for certiorari
under Rule 65, not appeal, is the remedy to
question a verdict of acquittal whether at the
trial court or at the appellate level. Indeed, in
our jurisdiction, the Court adheres to the
finality-of-acquittal doctrine, i.e., a judgment of
acquittal is final and unappealable. The rule
barring an appeal from a judgment of acquittal
is, however, not absolute.
The following are the recognized exceptions
thereto:
1. When the prosecution is denied due process
of law;
2. When the trial court commits grave abuse of
discretion amounting to lack or excess of
jurisdiction in dismissing a criminal case by
granting the accused's demurrer to evidence.
While certiorari may be availed of to correct an
erroneous acquittal, the petitioner in such an
extraordinary proceeding must clearly
demonstrate that the trial court blatantly abused
its authority to a point so grave as to deprive it of
its very power to dispense justice. x x x" (Paman
vs. People of the Philippines, GR 210129, July 5,
2017)
III. Appeals in Civil Procedure: Modes of
Appeal From Judgments or Final
Orders of Various Courts/Tribunals
A. Rule 40 – Appeal from Municipal Trial Courts
to the Regional Trial Courts
Where to file the appeal
An appeal from a judgment or final order of a
Municipal Trial Court may be taken to the
Regional Trial Court exercising jurisdiction over
the area to which the former pertains. (Sec. 1)
When to file the appeal
1. Within 15 days after the notice of the
judgment or final order
2. Where a record on appeal is required, within
30 days from notice of judgment or final
order by filing a notice of appeal and a record
on appeal (Sec. 2)
Note: The period of appeal shall be interrupted
by a timely motion for new trial or
reconsideration.
How to file an appeal
1. By notice of appeal
a. File a notice of appeal with the trial
court that rendered the judgment or final
order appealed from;
b. The notice of appeal must indicate the
following:
i. Name of parties;
ii. Judgment or final order appealed
from
iii. Material date showing timeliness
51
of the appeal (Material Data Rule)
c. A copy served on the adverse party; and
d. Payment in full of docket fees and other
lawful fees.
2. By record on appeal
a. The form and contents of the record on
appeal shall be as provided in Sec. 6,
Rule 41. (Sec. 3)
Instances when Record on Appeal is required
1. In special proceedings and in other cases of
multiple or separate appeals (Sec. 3);
2. In an order of expropriation in eminent
domain proceedings (Sec. 2, Rule 69);
3. In a judgment for recovery of property or
partition with accounting;
4. In a foreclosure of mortgage (Roman Catholic
Archbishop of Manila v. CA, G.R. No. 111324,
July 15, 1996);
5. In a judgment for or against one or more of
several defendants, leaving the action to
proceed against the others (Sec. 4, Rule 36)
Procedure in the Regional Trial Court
1. Upon receipt of the complete record or
record on appeal, the clerk of court of the
Regional Trial Court shall notify the parties of
such fact;
2. Within 15 days from such notice, it shall be
the duty of the appellant to submit a
memorandum which shall briefly discuss the
errors imputed to the lower court, a copy of
which shall be furnished to the adverse party.
(Sec. 7)
Note: The requirement for the submission of
appellant’s memorandum is a mandatory and
compulsory rule. Non-compliance therewith
authorizes the dismissal of the appeal. (Mejillano
v. Lucillo, G.R. No. 154717, June 19, 2009)
If the Municipal Trial Court dismissed the case
for lack of jurisdiction over the subject
matter, what can the Regional Trial Court do?
1. If the lower court dismissed the case without
trial on the merits, the Regional Trial Court
may:
a. Affirm - the Regional Trial Court shall
then try the case on the merits as if the
case was originally filed therein; or
b. Reverse - Regional Trial Court shall
remand the case for further proceedings
2. If the case was tried on the merits by the
lower court without jurisdiction over the
subject matter:
 a. Regional Trial Court shall not dismiss the
case if it has original jurisdiction but shall
decide the case, and shall submit
amended pleadings or additional
evidence. (Sec. 8)
B. Rule 41 – Appeal from the Regional Trial
Courts
What cases are appealable
1. Judgments or final orders that completely
disposes of the case; and
2. A particular matter in a judgment declared
by the Rules to be appealable (Sec. 1)
What cases are not appealable
1. An order denying a petition for relief or any
similar motion seeking relief from judgment;
2. An interlocutory order;
3. An order disallowing or dismissing an appeal;
4. An order denying a motion to set aside a
judgment by consent, confession, or
compromise on the ground of fraud, mistake
or duress, or any other ground vitiating
consent;
5. An order of execution;
6. A judgment or final order for or against one
or more of several parties or in separate
claims, counterclaims, cross-claims and
third-party complaints, while the main case is
pending, unless the court allows an appeal
therefrom; and
7. An order dismissing an action without
prejudice. (Sec. 1)
Different modes of appeal from decisions of
the Regional Trial Court
1. Ordinary Appeal - Where judgment was
rendered in a civil or criminal action by the
Regional Trial Court in the exercise of its
original jurisdiction. This mode of appeal,
governed by Rule 41, is taken to the Court of
Appeals on questions of fact or mixed
questions of fact and law.
2. Petition for Review - Where the judgment was
rendered by the Regional Trial Court in the
exercise of its appellate jurisdiction. This
mode of appeal, covered by Rule 41, is
brought to the Court of Appeals on questions
of fact, of law, or mixed questions of fact and
law.
3. Petition for Review on Certiorari or Appeal by
Certiorari to the Supreme Court - This mode
of appeal, provided for in Rule 45, 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. (Sec. 2)
52
Period to file an ordinary appeal
1. 15 days from notice of the judgment or final
order appealed from;
2. 30 days from notice of the judgment or final
order where a record on appeal is required;
3. 48 hours from notice of the judgment or final
order appealed from in habeas corpus cases.
(Sec. 3)
Contents of a Record on Appeal
1. Full names of all the parties to the
proceedings shall be stated in the caption of
the record;
2. Include the judgment or final order from
which the appeal is taken
3. In chronological order, copies of ONLY such
pleadings, petitions, motions and all
interlocutory orders as are related to the
appealed judgment for the proper
understanding of the issue involved
4. Together with such data that will show that
the appeal was perfected on time.
5. Every record on appeal exceeding twenty (20)
pages must contain a subject index. (Sec. 6)
When is a party’s appeal deemed perfected
1. By Notice of Appeal - As to him, upon the
filing of the notice of appeal in due time;
2. By Record on Appeal - As to him, with respect
to the subject matter thereof, upon the
approval of the record on appeal filed in due
time. (Sec. 9)
Duties of the Clerk of Court of the lower court
upon perfection of appeal
Within thirty (30) days after perfection of the
appeals, it shall be the duty of the clerk of court
of the lower court:
1. To verify the correctness of the original
record or the record on appeal, as the case
may be, and to make a certification of its
correctness;
2. To verify the completeness of the records
that will be transmitted to the appellate
court;
3. If found to be incomplete, to take such
measures as may be required to complete the
records, availing of the authority that he or
the court may exercise for this purpose; and
4. To transmit the records to the appellate
court.
5. If the efforts to complete the records fail, he
shall indicate in his letter of transmittal:
a. the exhibits or transcripts not included
b. the reasons for their non-transmittal, and
c. the steps taken or that could be taken to
have them available.
6. To furnish the parties with copies of his letter
of transmittal. (Sec. 10)
C. Rule 42 – Petition for Review from the
Regional Trial Courts to the Court of
Appeals
How to appeal from a decision of the Regional
Trial Court in the exercise of its appellate
jurisdiction
1. File a verified petition for review with the
Court of Appeals:
a. Within 15 days from notice of decision or
b. Within 15 days from denial of petitioner’s
Motion for New Trial or Motion for
Reconsideration
2. Pay the corresponding docket and other
lawful fees, and depositing P500 for costs;
and
3. Furnish the Regional Trial Court and the
adverse party with a copy of the filing of the
petition and file together with the petition on
proof of such service. (Sec. 1)
Contents of the Petition for Review
The petition shall be filed in seven (7) legible
copies, with the original copy intended for the
court being indicated, and shall
1. State the full names of the parties to the
case, without impleading the lower courts or
judges thereof either as petitioners or
respondents;
2. Indicate the specific material dates showing
that it was filed on time;
3. Set forth concisely a statement of the:
a. Matters involved
b. The issues raised
c. Specification of errors of fact or law, or
both, allegedly committed by the
Regional Trial Court, and
d. Reasons or arguments relied upon for the
allowance of the appeal
4. Accompanied by clearly legible duplicate
originals or true copies of the judgments or
final orders of both lower courts, certified
correct by the clerk of court of the Regional
Trial Court; and
5. Contain a certificate of non-forum shopping.
(Sec. 2).
Effect of failure to comply with the
requirements
Failure to comply with any of the following
requirements shall be sufficient ground for
dismissal:
1. Payment of the docket and other lawful fees,
53
2. the deposit for costs,
3. proof of service of the petition, and
4. the contents of and the documents which
should accompany the petition (Sec. 3)
Contents of the Comment
The comment of the respondent shall be filed in
seven (7) legible copies, accompanied by
certified true copies of such material portions of
the record referred to therein together with
other supporting papers, and shall:
1. State whether or not he accepts the
statement of matters involved in the petition;
2. Point out such insufficiencies or inaccuracies
as he believes exist in petitioner's statement
of matters involved but without repetition;
and
3. State the reasons why the petition should not
be given due course. A copy thereof shall be
served on the petitioner. (Sec. 5)
Appeal deemed perfected
1. Deemed perfected as to the petitioner upon
the timely filing of the petition for review
and payment of the corresponding docket and
other lawful fees; and
2. Regional Trial Court loses jurisdiction over the
case upon perfection of appeal filed in due
time and expiration of the period to appeal.
(Sec. 8)
D. Rule 43 – Appeals from the Court of Tax
Appeals, Civil Service Commission, and
Quasi-Judicial Agencies
Scope of Rule 43
This Rule shall apply to appeals from awards,
judgments, final orders, or resolutions of or
authorized by any quasi-judicial agency in the
exercise of its quasi-judicial functions.
These agencies include:
1. Civil Service Commission;
2. Central Board of Assessment Appeals;
3. Securities and Exchange Commission;
4. Office of the President;
5. Land Registration Authority;
6. Social Security Commission;
7. Civil Aeronautics Board;
8. Bureau of Patents;
9. Trademarks and Technology Transfer;
10. National Electrification Administration;
11. Energy Regulatory Board;
12. National Telecommunications Commission;
13. Department of Agrarian Reform under
Republic Act No. 6657;
14. Government Service Insurance System;
15. Employees Compensation Commission;
16. Agricultural Inventions Board;
17. Insurance Commission;
18. Philippine Atomic Energy Commission;
19. Board of Investments;
20. Construction Industry Arbitration Commission;
and
21. Voluntary arbitrators authorized by law. (Sec.
1)
Cases are not covered under Rule 43
This Rule shall not apply to judgments or final
orders issued under the Labor Code of
Philippines. (Sec. 2)
Period to file an appeal
Fifteen days from:
1. Notice of the award, judgment, final order, or
resolution;
2. Date of last publication, if publication is
required by law for its effectivity; or
3. Denial of petitioner’s Motion of New Trial or
Motion for Reconsideration (Sec. 4)
How appeal is taken?
1. By filing a verified petition for review in
seven (7) legible copies with the Court of
Appeals
2. With proof of service of a copy thereof on the
adverse party and on the court or agency a
quo
3. Pay to the clerk of court of the Court of
Appeals docket and other lawful fees
4. Deposit the sum of P500 for costs. (Sec. 5)
Contents of the Petition
1. Full names of the parties to the case, without
impleading the court or agencies either as
petitioners or respondents;
2. A concise statement of the facts and issues
involved and the grounds relied upon for the
review;
3. Accompanied by a clearly legible duplicate
original or a certified true copy of the award,
judgment, final order, or resolution appealed
from;
4. Certificate of non-forum shopping; and
5. The specific material dates showing that it
was filed on time. (Sec.6)
Contents of the Comment
The comment shall:
1. Point out insufficiencies or inaccuracies in the
petitioner's statement of facts and issues; and
2. State the reasons why the petition should be
denied or dismissed. (Sec. 9)
54
E. Rule 45 – Appeals by Certiorari to the
Supreme Court
When shall a petition for appeal by certiorari
be filed?
The petition shall be filed within fifteen (15) days
from:
a. Notice of the judgment, final order, or
resolution appealed from or,
b. Denial of the petitioner’s motion for new trial
or reconsideration (Sec. 2, Rule 45)
Note: An extension for filing may be granted by
the Supreme Court for justifiable reasons
provided that:
a. A motion was duly filed and served;
b. Docket and other lawful fees were fully paid;
c. Done before the expiration of the
reglementary period (Sec. 2, Rule 45)
Contents of the petition
1. The full name of the appealing party as the
petitioner and the adverse party as
respondent, without impleading the lower
courts or judges thereof either as petitioners
or respondents;
2. The material dates showing when notice of
the judgment or final order or resolution
subject thereof was received, when a motion
for new trial or reconsideration, if any, was
filed and when notice of the denial thereof
was received;
3. A statement of the matters involved, and the
reasons or arguments relied on for the
allowance of the petition;
4. Accompanied by a clearly legible duplicate
original, or a certified true copy of the
judgment or final order or resolution certified
by the clerk of court of the court a quo and
the requisite number of plain copies thereof,
and such material portions of the record as
would support the petition; and
5. Contain a sworn certification against forum
shopping as provided in the last paragraph of
section 2, Rule 42. (Sec. 4, Rule 45)
Note: The failure of the petitioner to comply with
any of the foregoing requirements regarding the
payment of the docket and other lawful fees,
deposit for costs, proof of service of the petition,
and the contents of and the documents which
should accompany the petition shall be sufficient
ground for the dismissal thereof. (Sec. 5, Rule 45)
Instances when the Supreme Court may deny
motu proprio a petition for appeal by
certiorari
1. The appeal is without merit.
2. Prosecuted manifestly for delay.
3. The questions raised are too unsubstantial to
require consideration. (Sec. 5, Rule 45)
F. Rule 64 – Review of judgments or final
orders of the Commission on Audit and the
Commission on Elections
Scope of Rule 64
This rule shall govern the review of:
1. Judgments;
2. Final orders;
3. Resolutions of the COMELEC and COA. (Sec. 1,
Rule 64)
What must be included in the petition for
review?
1. The aggrieved party shall be named as the
petitioner and shall join as respondents the
Commission concerned and the person or
persons interested in sustaining the
judgment, final order or resolution a quo.
2. The petition shall state the facts with
certainty, present clearly the issues involved,
set forth the grounds and brief arguments
relied upon for review, and pray for judgment
annulling or modifying the questioned
judgment, final order or resolution.
3. The petition shall be accompanied by a
clearly legible duplicate original or certified
true copy of the judgment, final order or
resolution subject thereof, together with
certified true copies of such material portions
of the record as are referred to therein and
other documents relevant and pertinent
thereto.
4. The petition shall state the specific material
dates showing that it was filed within the
period fixed herein, and shall contain a sworn
certification against forum shopping as
provided in the third paragraph of section 3,
Rule 46.
5. The petition shall further be accompanied by
proof of service of a copy thereof on the
Commission concerned and on the adverse
party, and of the timely payment of docket
and other lawful fees. (Sec. 5, Rule 64)
Note: The failure of petitioner to comply with
any of the foregoing requirements shall be
sufficient ground for the dismissal of the petition.
(Sec. 5, Rule 64)
Requisites for the comments of respondents
1. It shall be filed in eighteen (18) legible
copies.
55
2. The original shall be accompanied by
certified true copies of such material portions
of the record as are referred to therein
together with other supporting papers.
3. The requisite number of copies of the
comments shall contain plain copies of all
documents attached to the original and a
copy thereof shall be served on the
petitioner. (Sec. 7, Rule 64)
G. Dismissal, reinstatement, and withdrawal of
appeal
Grounds for dismissal of appeal by the Court
of Appeals
1. Failure of the record on appeal to show on its
face that the appeal was taken within the
period fixed by these Rules;
2. Failure to file the notice of appeal or the
record on appeal within the period prescribed
by these Rules;
3. Failure of the appellant to pay the docket
and other lawful fees as provided in section
5, Rule 40 and section 4 of Rule 41; (Bar
Matter No. 803, 17 February 1998)
4. Unauthorized alterations, omissions or
additions in the approved record on appeal as
provided in section 4 of Rule 44;
5. Failure of the appellant to serve and file the
required number of copies of his brief or
memorandum within the time provided by
these Rules;
6. Absence of specific assignment of errors in
the appellant's brief, or of page references to
the record as required in section 13,
paragraphs (a), (c), (d) and (f) of Rule 44;
7. Failure of the appellant to take the necessary
steps for the correction or completion of the
record within the time limited by the court in
its order;
8. Failure of the appellant to appear at the
preliminary conference under Rule 48 or to
comply with orders, circulars, or directives of
the court without justifiable cause; and
9. The fact that the order or judgment appealed
from is not appealable. (Sec.1, Rule 50)
Instances of dismissal of improper appeals
1. An appeal from the Regional Trial Court to
the Court of Appeals raising only questions of
law.
2. An appeal by notice of appeal instead of by
petition for review from the appellate
judgment of a Regional Trial Court. (Sec. 2,
Rule 50)
Instances when the Supreme Court may dismiss
a petition for appeal by certiorari
When the petitioner fails to comply with:
1. The payment of the docket and other lawful
fees, deposit for costs,
2. Proof of service of the petition,
3. And the contents of and the documents which
should accompany the petition. (Sec. 5, Rule
45)
IV. APPEALS IN CRIMINAL CASES: MODES
OF APPEAL FROM JUDGMENTS OR
FINAL ORDERS OF VARIOUS
COURTS/TRIBUNALS
A. Rule 122
Where to appeal
1. Appeals from the Municipal Trial Courts
a. To the RTC in cases decided by the MeTC
and all MTCs.
2. Appeals from the Regional Trial Courts
a. To the CA
b. To the SC in cases provided by law.
3. Appeals from the Court of Appeals
a. To the SC
Effect of appeal by several accused (NCE)
1. An appeal taken by one or more of several
accused shall not affect those who did not
appeal, except insofar as the judgment of the
appellate court is favorable and applicable to
the latter;
2. The appeal of the offended party from the
civil aspect shall not affect the criminal
aspect of the judgment or order appealed
from.
Upon perfection of the appeal, the execution of
the judgment or final order appealed from shall
be stayed as to the appealing party.
V. PROCEDURE IN THE COURT OF
APPEALS
A. Rule 44 – Ordinary Appealed Cases
Ordinary appealed cases appealed to the Court
of Appeals
In all cases appealed to the Court of Appeals
under Rule 41, the title of the case shall remain
as it was in the court of origin, but the party
appealing the case shall be further referred to as
the appellant and the adverse party as the
appellee. [Sec. 1, Rule 44]
Pleadings to be filed
1) Appellant’s brief;
56
2) Appellee’s brief; and
3) Appellant’s reply brief
Allegations in the appellant’s brief
The appellant’s brief shall contain, in the order
herein indicated, the following: (SAC-FIAR-C)
a) Subject index of the matter in the brief with
a digest of the arguments and page
references, and table of cases alphabetically
arranged, textbook and statutes cited with
reference to the pages where they are cited;
b) Assignment of errors intended to be urged,
which errors shall be separately, distinctly
and concisely stated without repetition and
numbered consecutively;
c) Under the heading “Statement of the Case,”
a clear and concise statement of the nature
of the action, a summary of the proceedings,
the appealed rulings and orders of the court,
the nature of the judgment and any other
matters necessary to an understanding of the
nature of the controversy, with page
references to the record;
d) Under the heading “Statement of Facts,” a
clear and concise statement in a narrative
form of the facts admitted by both parties
and of those in controversy, together with the
substance of the proof relating thereto in
sufficient detail to make it clearly
intelligible, with page references to the
record;
e) A clear and concise statement of the Issues of
fact or law to be submitted to the court for
its judgments;
f) Under the heading “Argument,” the
appellant’s arguments on each assignment of
error with page references to the record. The
authorities relied upon shall be cited by the
page of the report at which the case begins
and the page of the report on which the
citation is found;
g) Under the heading “Relief,” a specification of
the order or judgment which the appellant
seeks; and
h) In cases not brought up by record on appeal,
the appellant’s brief shall contain, as an
appendix, a Copy of the judgment or final
order appealed from. [Sec. 13, Rule 44]
Allegations in the appellee’s brief
The appellee’s brief shall contain, in the order
herein indicated, the following: (SFA)
a) A Subject index of the matter in the brief
with a digest of the arguments and page
references, and a table of cases
alphabetically arranged, textbooks, and
statutes cited with references to the pages
where they are cited;
b) Under the heading “Statement of Facts,” the
appellee shall state that he accepts the
statement of facts in the appellant’s brief, or
under the heading “Counter-Statement of
Facts,” he shall point out such insufficiencies
or inaccuracies as he believes exist in the
appellant’s statement of facts with
references to the pages of the record in
support thereof, but without repetition of
matters in the appellant’s statement of facts;
and
c) Under the heading “Argument,” the appellee
shall set forth his arguments in the case on
each assignment of error with page
references to the record. The authorities
relied on shall be cited by page of the report
at which the case begins and the page of the
report on which the citation is found. [Sec.
14, Rule 44]
B. Rule 46 – Original Cases
Applicability
This rule shall apply to original actions for:
a) Certiorari;
b) Prohibition;
c) Mandamus; and
d) Quo warranto
Except as otherwise provided, the actions for
annulment of judgment shall be governed by Rule
47, for certiorari, prohibition and mandamus by
Rule 65, and for quo warranto by Rule 66.
[Sec. 2, Rule 46]
Contents of a petition
The petition shall contain: (FCFG-65)
1) Full names and actual addresses of all
petitioners and respondents;
2) Concise statement of the matters involved;
3) Factual background of the case;
4) Grounds relied upon for the relief prayed for;
5) In actions filed under Rule 65, the petition
shall further indicate three material dates
showing: (FiReD)
a) When notice of the judgment or Final
Order or resolution was received;
b) When a motion for new trial or
Reconsideration, if any, was filed; and
c) When notice of the Denial thereof was
received. [Sec. 3, Rule 46]
Requirements on filing a petition
1) Filed in one original (properly marked) and
two legible copies, with proof of service on
the respondent;
The other requisite number of copies of the
petition shall be accompanied by clearly
57
legible copies of all documents attached to
the original.
2) Accompanied by clearly legible duplicate
original or certified true copy of the
judgment, order, resolution or resolution
subject thereof;
3) Accompanied by such material portions of the
record as are referred to in the petition, and
other documents relevant or pertinent
thereto;
4) Certificate of non-forum shopping*;
5) Payment of docket and other lawful fees; and
6) Deposit the amount of P500.
Failure to comply with the foregoing
requirements shall be sufficient ground for the
dismissal of the petition.
Note: The Certification shall be accomplished by
the proper clerk of court or by his duly authorized
representative, or by the proper officer of the
court tribunal, agency or office involved or by his
duly authorized representative. [Sec. 3, Rule 46]
Actions by the court to a petition
The court may:
1) Dismiss the petition outright with specific
reasons for such dismissal; or
2) Require the respondent to file a comment on
the same within ten (10) days from notice.
Note: Only pleadings required by the court shall
be allowed. All other pleadings and papers may
be filed only with leave of court [Sec. 5, Rule 46]
Determination of factual issues
Whenever necessary to resolve factual issues, the
court itself may:
1) Conduct hearings thereon; or
2) Delegate the reception of evidence in such
issues to any of its members or to an
appropriate court, agency or office. [Sec. 6,
Rule 46]
C. Rule 47 – Annulment of Judgments or Final
Orders and Resolutions
Grounds for annulment of judgment?
1) Extrinsic fraud; and
2) Lack of jurisdiction
Extrinsic Fraud shall not be a valid ground if it
was availed of, or could have been availed of, in
a motion for new trial or petition for relief. (Rule
47, Sec. 2)
Contents of a petition
1) Verified petition, alleging therein;
 a) With particularity the facts and the law
relied upon; and
b) Petitioner’s good and substantial cause of
action.
2) In seven (7) clearly legible copies, together
with sufficient copies corresponding to the
number of respondents;
3) Certified true copy of the judgment or final
order or resolution shall be attached to the
original copy of the petition intended for the
court and indicated as such by the petitioner;
4) Affidavits of witnesses or documents
supporting the cause of action or defense;
and
5) Certificate of non-forum shopping. [Sec. 4,
Rule 47]
Period for filing annulment of judgments or
final orders and resolutions
As to the period of filing action
1) Extrinsic fraud – Four (4) years from
discovery;
2) Lack of jurisdiction – Before it is barred by
estoppel by laches or estoppel by deed. [Sec.
3, Rule 47]
As to effect of judgment:
1) Extrinsic fraud – the Court may on motion
order the trial court to try the case as if a
timely motion for new trial had been granted
2) Lack of jurisdiction – the Court may set aside
the questioned judgment and render the
same null and void, without prejudice to the
original action being refiled in the proper
court. [Sec. 7, Rule 47]
Procedures to be observed
The procedure in ordinary cases shall be
observed. Should trial be necessary, the reception
of the evidence may be referred to a member of
the court or a judge of a Regional Trial Court.
[Sec. 6, Rule 47]
D. Rule 50 – Dismissal of Appeal
Grounds for dismissal of appeal?
An appeal may be dismissed by the CA, on its own
motion or on that of the appellee, on the
following grounds:
1. Failure of the record on appeal to show on its
face that the appeal was taken within the
period fixed by the Rules of Court;
2. Failure to file the notice of appeal or the
record on appeal within the period prescribed
by the Rules of Court;
3. Failure of the appellant to pay the docket
and other lawful fees as provided in section 5
58
of Rule 40 and section 4 of Rule 41;
4. Unauthorized alterations, omissions or
additions in the approved record on appeal as
provided in section 4 of Rule 44;
5. Failure of the appellant to serve and file the
required number of copies of his brief or
memorandum within the time provided by the
Rules of Court;
6. Absence of specific assignment of errors in
the appellant’s brief, or of page references to
the record as required in section 13,
paragraphs (a), (c), (d) and (f) of Rule 44;
7. Failure of the appellant to take the necessary
steps for the correction or completion of the
record within the time limited by the court in
its order;
8. Failure of the appellant to appear at the
preliminary conference under Rule 48 or to
comply with orders, circulars, or directives of
the court without justifiable cause; and
9. The fact that the order or judgment appealed
from is not appealable. (Sec 1 Rule 50)
Withdrawal of Appeal
An appeal may be withdrawn as a matter of right
at any time before the filing of the appellee’s
brief. Thereafter, the withdrawal may be allowed
in the discretion of the court. (Section 3 Rule 50)
E. Rule 51 – Judgment; harmless error
When Case is Deemed submitted for judgment
1. In ordinary appeals
a. Where no hearing on the merits of the
main case is held, upon the filing of the
last pleading, brief, or memorandum
required by the Rules or by the court
itself, or the expiration of the period for
its filing.
b. Where such a hearing is held, upon its
termination or upon the filing of the last
pleading or memorandum as may be
required or permitted to be filed by the
court, or the expiration of the period for
its filing.
2. In original actions and petitions for reviews
a. Where no comment is filed , upon the
expiration of the period to comment.
b. Where no hearing is held, upon the filing
of the last pleading required or permitted
to be filed by the court, or the expiration
of the period for its filing.
c. Where a hearing on the merits of the
main case is held, upon its termination or
upon the filing of the last pleading or
memorandum as may be required or
permitted to be filed by the court, or the
expiration of the period for its filing.
 (Sec. 1 Rule 51)
Judgment is rendered by whom?
The judgment shall be rendered by the members
of the court who participated in the deliberation
on the merits of the case before its assignment to
a member for the writing of the decision. (Sec. 2
Rule 51)
Required form of the decision
Every decision or final resolution of the court in
appealed cases shall clearly and distinctly state
the findings of fact and the conclusions of law on
which it is based, which may be contained in the
decision or final resolution itself, or adopted
from those set forth in the decision, order, or
resolution appealed from. (Sec 5 Rule 51)
F. Rule 53 – New Trial
Period for filing a motion for new trial
At any time after the appeal from the lower court
has been perfected and before the Court of
Appeals loses jurisdiction over the case. (Sec 1
Rule 53)
Grounds for filing a motion for new trial
A motion for new trial may only be filed on the
ground of newly discovered evidence which could
not have been discovered prior to the trial in the
court below by the exercise of due diligence and
which is of such a character as would probably
change the result. (Sec 1 Rule 53)
Requisites for newly discovered evidence
1. The evidence was discovered after the trial;
2. Such evidence could not have been
discovered and produce at the trial with
reasonable diligence; and
3. That it is material, not merely cumulative,
corroborative or impeaching, and
4. It is of such weight that, if admitted. will
probably change the judgment. (CIR v. A.
Soriano Corporation, G.R. No. 113703,
January 31, 1997)
VI. PROCEDURE IN THE SUPREME
COURT
PROCEDURE IN THE SUPREME COURT
RULE 56-A – Original Cases
Original and concurrent jurisdiction of the SC
with the CA and RTC
1. Petition for Certiorari;
2. Petition for Prohibition;
3. Petition for Mandamus;
4. Petition for Quo warranto; and
59
5. Petition for Habeas corpus (Rule 56, Sec. 1).
Original and exclusive jurisdiction of the SC?
1. Disciplinary proceedings against members of
the judiciary and attorneys;
2. Cases affecting ambassadors, other public
ministers and consuls (Rule 56, Sec. 1).
RULE 56-B – Appealed Cases
Mode of appeal to the SC
Petition for Review on Certiorari except in
criminal cases where the penalty imposed is
death, reclusion perpetua, or life imprisonment
(Rule 56, Sec. 3).
Grounds for the dismissal of an appeal to the
SC
1. Failure to take the appeal within the
reglementary period;
2. Lack of merit in the petition;
3. Failure to pay the requisite docket fee and
other lawful fees or to make a deposit for
costs;
4. Failure to comply with the requirements
regarding proof of service and contents of
and the documents which should accompany
the petition;
5. Failure to comply with any circular, directive
or order of the SC without justifiable cause;
6. Error in the choice or mode of appeal; and
7. Case is not appealable to the SC (Rule 56,
Sec. 5).
Improper appeals to the SC
1. Appeal to the SC by notice of appeal in
criminal cases where the penalty imposed is
death, reclusion perpetua or life
imprisonment;
2. Appeal by certiorari to the SC from the RTC
submitting issues of fact (Rule 56, Sec. 6).
Cases to be decided by the SC en banc
1. Cases in which the constitutionality or
validity of any treaty, international or
executive agreement, law, executive order,
presidential decree, proclamation, order,
instruction, ordinance, or regulation is in
question;
2. Criminal cases in which the appealed decision
imposes the death penalty or reclusion
perpetua;
3. Cases raising novel questions of law;
4. Cases affecting ambassadors, other public
ministers, and consuls;
5. Cases involving decisions, resolutions, and
orders of the Civil Service Commission, the
Commission on Elections, and the Commission
on Audit;
6. Cases where the penalty recommended or
imposed is the dismissal of a judge, the
disbarment of a lawyer, the suspension of any
of them for a period of more than one year,
or a fine exceeding forty thousand pesos;
7. Cases covered by the preceding paragraph
and involving the reinstatement in the
judiciary of a dismissed judge, the
reinstatement of a lawyer in the roll of
attorneys, or the lifting of a judge’s
suspension or a lawyer’s suspension from the
practice of law;
8. Cases involving the discipline of a Member of
the Court, or a Presiding Justice, or any
Associate Justice of the collegial appellate
court;
9. Cases where a doctrine or principle laid down
by the Court en banc or by a Division my be
modified or reversed;
10. Cases involving conflicting decisions of two or
more divisions;
11. Cases where three votes in a Division cannot
be obtained;
12. Division cases where the subject matter has a
huge financial impact on businesses or affects
the welfare of a community;
13. Other division cases that, in the opinion of at
least three Members of the Division who are
voting and present, are appropriate for
transfer to the Court en banc;
14. Cases that the Court en banc deems of
sufficient importance to merit its attention;
and
15. All matters involving policy decisions in the
administrative supervision of all courts and
their personnel (A.M. No. 10-4-20-SC, Internal
Rules of the Supreme Court).
PROVISIONAL REMEDIES
A. Nature, purpose, and jurisdiction
over provisional remedies
Purposes of provisional remedies
1. To Preserve or protect their rights or interests
of during the pendency of the principal
action;
2. To Secure the judgment;
3. To preserve the Status quo of the things
subject of the action or the relation between
the parties; and
4. To Preserve the subject matter of the action
(Calo v. Roldan, G. R. No. L-252, March 30,
1946)
60
Other provisional remedies
Provisional Remedies issued by a Family Court:
1. Temporary Custody of Minor Children;
2. Order allowing Visitation Rights of Parents;
3. Guardian Ad litem of a child;
4. Hold Departure Order;
5. Administration of Common Property; and
6. Spousal and Child Support (A.M. No.
07-9-12-SC, Sec. 14).
B. Preliminary attachment (Rule 57)
Requisites for preliminary attachment to be
issued
1. The applicant must file a motion whether ex
parte or otherwise, supported by an affidavit
2. The applicant must show by affidavit
executed by the applicant or some other
person who personally knows the facts that:
a. There is no sufficient security tor the
claim sought to be enforced by the
action;
b. That the amount due the applicant or the
value of property the possession of which
he is entitled to recover, is as much as
the sum for which the order is granted
above all counterclaims;
c. A sufficient cause of action exists;
d. The case must be any of those where
preliminary attachment is Proper as
provided under sec 1. Rule 57
3. That the applicant must post a bond:
a. Executed to the adverse party in an
amount fixed by the court in its order
granting the issuance of the writ;
b. Conditioned that he will pay all the costs
which may be adjudged to. the adverse
party and all damages which he may
sustain by reason of the attachment, if
the court shall finally adjudge that the
applicant was not entitled thereto
4. The affidavit and bond must be duly filed
with the court before the order issues. (Secs.
2-4)
C. Preliminary injunction (Rule 58)
Requisites for issuance of writ of preliminary
injunction
The following should be proven for the writ to be
issued:
1. The applicant must have a Clear and e. Actual market value of the property
unmistakable right, that is a right in esse; 3. Applicant must give a replevin bond,
2. There is a material and substantial Invasion of executed to the adverse party in double the
such right; value of the property, as stated in the
3. There is an Urgent need for the writ to applicant’s affidavit. (Sec. 2)
prevent irreparable injury to the applicant;
and
4. No other ordinary, speedy, and adequate
remedy exists to prevent the infliction of
irreparable injury. (DPWH v. City Advertising
Ventures Corporation, G.R. No. 182944,
November 9, 2016).

D. Receivership (Rule 59)

Requisites for appointment of a receiver

1. Verified application filed by the party
requesting for the appointment of the
receiver [Sec. 1, Rule 59];
2. Proof of the grounds specified in Section 1(a).
(b), (c), or (d) of Rule 59;
3. Application must be with notice and must be
set for hearing. A hearing is necessary
because the grounds for a receivership
require the resolution of factual issues;
4. Before appointing a receiver, the court shall
require the applicant to post a bond executed
to the party against whom the application is
presented, in an amount to be fixed by the
court. (Sec. 2, Rule 59); and
5. Before entering upon his duties, the receiver
must be sworn to perform his duties faithfully
and shall file a bond, executed to such person
and in such sum as the court may direct (Sec.
4, Rule 59)

E. Replevin (Rule 60)

Procedure for the Application for Replevin

1. File an application at the commencement of
the action or at any time before the
defendant answers. (Sec. 1)
2. Application must contain an affidavit.
The affidavit must show that:
a. Particular description of the property
b. Applicant is the owner of the property
claimed, particularly describing it, or is
entitled to the possession thereof
c. Property is wrongfully detained by the
adverse party;
d. Property has not been distrained or taken
for a tax assessment or a fine pursuant to
law, seized under a writ of execution or
under custodia legis; and

61

SPECIAL CIVIL ACTIONS
A. Interpleader (Rule 62)
Requisites of complaint for Interpleader
1. There must be Iwo or more claimants with
adverse or conflicting interests upon a
subject matter;
2. The conflicting claims involve the same
subject matter;
3. The conflicting claims are made against the
same person (plaintiff); and
4. The plaintiff has no claim upon the subject
matter of the adverse claims or if he has an
interest at all, such interest is not disputed
by the claimants (RCBC v. Metro Container
Corporation, GR. No. 127913, September 13,
2001; ROC, Rule 62, Sec. 1).
B. Declaratory relief and similar
remedies (Rule 63)
Two types of action covered by Rule 63
1. Petition for declaratory relief; and
2. Similar remedies:
a. Action for reformation of an instrument;
b. Action to quiet title; and
c. Action to consolidate ownership under
Art. 1607 NCC.
Requisites of an action for declaratory relief
1. The subject-matter of the controversy must
be a deed, will, contract, or other written
instrument, statute, executive order or
regulation or ordinance;
2. The terms of said documents and validity
thereof are doubtful and require judicial
construction
3. There must have been no breach of the
document in question
4. There must be an actual justiciable
controversy or ripening seeds of one between
persons whose interests are adverse;
5. The issue must be ripe for judicial
determination
6. Adequate relief is not available through other
means or other forms of action or
proceedings. (Espera v Roco G.R. No. 174129
July 5, 2010)
62
Instances when the Court may refuse to make a
judicial declaration
GR: The court, motu proprio or upon motion, may
refuse to exercise the power to declare rights and
to construe instruments in any case:
1. Where a decision would not terminate the
uncertainty or controversy which gave rise to
the action; or
2. In any case where the declaration or
construction is not necessary and proper
under the circumstances. (Sec. 5, Rule 63)
XPN: In actions falling under special remedies:
1. Action for reformation of an instrument
authorized under Arts. 1359 to 1369;
2. Action to quiet title authorized by Arts. 476
to 481 of NCC; and
3. Action to consolidate ownership under Art.
1607 NCC.
C. Prohibition, Certiorari, and
Mandamus
Certiorari as a remedy against grave abuse of
any branch or instrumentality of the
government
Requisites for a petition for certiorari
For a petition for certiorari to prosper, the
essential requisites that have to concur are:
1) The writ is directed against a tribunal, a
board or any officer exercising judicial or
quasi-judicial functions;
2) Such tribunal, board or officer has acted
without or in excess of jurisdiction, or with
grave abuse of discretion amounting to lack
or excess of jurisdiction; and
3) There is no appeal or any plain, speedy and
adequate remedy in the ordinary course of
law
Remedies of Appeal and Certiorari are
Mutually Exclusive, Not Alternative or
Successive
GR: Where the proper remedy is appeal, the
action for certiorari will not be entertained.
Certiorari is not a remedy for errors of
judgment. Errors of judgment are correctible
by appeal; errors of jurisdiction are reviewable
by certiorari. (Irene Villamar-Sandoval v. Jose
Cailipan, G.R. No. 200727, Mar. 4, 2013)
XPN: Even when appeal is available, a writ of
certiorari may be allowed:
1. When appeal does not constitute a speedy
and adequate remedy;
2. When orders were issued either in Excess of
or without jurisdiction;
3. For certain special considerations as public
policy or public welfare;
4. When the order is a patent nullity;
5. When decision in the certiorari case will
avoid future litigation; and
6. When, in criminal actions, the court rejects
rebuttal evidence for the prosecution as, in
case of acquittal, there could be no
remedy.
Certiorari Not Substitute for Lost Appeal
GR: When the remedy by appeal had already
been lost due to petitioner's own neglect or error
in the choice of remedies, certiorari cannot lie.
The remedies are mutually exclusive. (Meralco v.
CA, G.R. No. 88396, July 4, 1990)
XPN:
1. Appeal is lost without the appellant's
negligence;
2. When public welfare and the advancement of
public policy dictates;
3. When the broader interest of justice so
require;
4. When the writs issued are null and void; and
5. When the questioned order amounts to an
oppressive exercise of judicial authority.
(Sunbeam Convenience Food Inc. v. CA, G.R.
No. 50464, Jan. 29, 1990)
D. Quo warranto (Rule 66)
Classifications of quo warranto proceeding
1. Mandatory – brought by the Solicitor General
or Public prosecutor when:
a. Directed by the President; or
b. Upon complaint or when he has good
reason to believe that the cases for quo
warranto can be established by proof.
(Sec. 2, Rule 66)
2. Discretionary – brought by the Solicitor
General or a public prosecutor at the request
and upon the relation of another person,
provided there must be:
a. Leave of court;
b. At the request and upon the relation of
another person; and
c. Indemnity bond. (Sec. 3, Rule 66)
63
Contents of a Petition for Quo Warranto
The petition shall set forth the following:
1. The name of the person who claim to be
entitled thereto;
2. If any, with an averment of his right to the
same and that the respondent is unlawfully in
possession thereof; and
3. All persons who claim to be entitled to the
public office, position or franchise may be
made parties, and their respective rights to
such public office, position or franchise
determined, in the same action. (Sec. 6, Rule
66)
Rights of a person adjudged entitled to public
office
If judgment be rendered in favor of the person
averred in the complaint to be entitled to the
public office, he may, after taking the oath of
office and executing any official bond required by
law:
1. Take upon himself the execution of the
office;
2. Immediately thereafter demand all the books
and papers in the respondent’s custody or
control appertaining to the office to which
the judgment relates; and
3. Bring an action against the respondent to
recover damages sustained by such persons by
reason of the usurpation. (Sec. 10, Rule 66)
Period within which a person ousted from
office must file a petition for quo warranto
GR: An action for quo warranto must be
commenced within 1 year after the cause of such
ouster, or the right of the petitioner to hold such
office or position, arose (Sec. 11, Rule 66).
XPN:
a. Where the ·failure of petitioner to seek
redress from the courts was due to the
continued promise of government officials
concerned which led him to bide his time and
wait for the Office of the President to comply
with its commitment, the one-year period
was not applied (Cristobal v. Melchor, G.R.
No. L-43203, July 29, 1977).
b. Quo warranto proceedings seeking ouster of a
public official are a governmental function,
thus, no statute of limitations is, therefore,
applicable (Republic v. Sereno, supra).
i. Needless to say, no prudent and just
court would allow an unqualified
person to hold public office, much
more the highest position in the
Judiciary (Id.).
 Requisites for authorizing immediate entry
Recovery of damages against the usurper of during pendency of the action
office; when allowable
AMOUNT OF DEPOSIT UNDER RULE 67 OF THE
Yes. If the petitioner is adjudged to be entitled to
RULES OF COURT, R.A. 10752 OR THE RIGHT OF
the office, he may sue for damages against the
WAY ACT AND THE LOCAL GOVERNMENT CODE
alleged usurper within 1 year from entry of
DISTINGUISHED
judgment establishing his right to the office in
question. (Sec. 11, Rule 66)
If Personal Property
- Provisionally
E. Expropriation ascertained and
fixed by the
court; or
1. Rule 67 If Real Property
Rule 67
- Equal to the
Two stages in expropriation proceedings assessed value of
1. The first stage commences with the the property for
determination of the authority of the plaintiff purposes of
to exercise the power of eminent domain and taxation (ROC,
the propriety of its exercise in the context of Rule 67, Sec. 2)
the facts involved in the suit.
Upon the filing of the
First stage: (ROC, Rule 67) complaint or at any time
a. Verified complaint joining as defendants thereafter, and after due
all persons owning or claiming rights over notice to the defendant,
the property the implementing agency
b. Preliminary deposit with the authorized shall immediately deposit
government depositary to the court in favor of
c. Plaintiff shall take or enter upon the the owner the amount
possession of the real property. If equivalent the sum of:
personal property is involved, the sheriff 100% of the value of the
or other proper officer shall place the land based on the current
plaintiff in possession of the property relevant zonal valuation
d. Defendant may object or appearance fo the BIR issued not
with manifestation specifically more than three (3) years
designating or identifying the property he prior to the filing of the
claims to be interested in expropriation complaint;
e. Order of expropriation
Sec. 6, R.A. No.
The replacement cost at
2. The second stage involves the determination 10752, otherwise
current market value of
by the Court of the just compensation for the known as the
the improvements and
property sought to be taken with the Right-of-Way Act
structures as determined
assistance of not more than three (3) by: the implementing
commissioners. The order fixing the agency; a government
compensation on the basis of the evidence financial institution with
before, and findings of, the commissioners adequate experience in
would be final. property appraisal; and
an independent property
Second stage: (ROC, Rule 67) appraiser accredited by
a. Appointment of commissioners by the the BSP; and
Court
b. Ascertainment of just compensation The current market value
c. Report by the Commissioners of the crops and trees
d. The Court may either accept, recommit, located within the
set aside, or accept and reject in part the property as determined
report by a government financial
e. Payment of just compensation institution or an
independent property

64

appraiser to be selected
in the manner provided
by law.
Upon compliance with the
guidelines above
mentioned, the court
shall immediately issue to
the implementing agency
an order to take
possession of the
property and start the
implementation of the
project. (R.A. 10752, Sec.
6)
At least fifteen percent
(15%) of the fair market
value of the property
Local Government based on the current tax
Code declaration of the
property to be
expropriated (R.A. No.
7160, Sec. 19).
Essential requisites for the Local Government
Unit to Validly Exercise Eminent Domain
1. That there is an ordinance enacted by the
local legislative council authorizing the local
chief executive the power of eminent domain
2. That the power is exercised for public use,
purpose, or welfare for the benefit of the
poor and the landless
3. That there is payment of just compensation
4. That a valid and definite offer has been
previously made to the owner of the property
but said offer was not accepted (Municipality
of Paranaque v. V.M. Realty Corporation, G.R.
No. 127820, July 20, 1998)
2. Guidelines for expropriation proceedings of
National Government
Requisites for the valid exercise of the right
a. The property taken must be private property;
b. There must be genuine necessity to take the
private property;
c. The taking must be for public use;
d. There must be payment of just
compensation; and
e. The taking must comply with due process of
law. (Manapat v. Court of Appeals, G.R. No.
110478, October 15, 2007)
Elements of taking
a. The expropriator must enter a private
65
property
b. The entrance into private property must be
for more than a momentary period
c. The entry into the property should be under
warrant or color of legal authority
d. The property must be devoted to a public use
or otherwise informally appropriated or
injuriously affected
e. The utilization of the property for public use
must be in such a way to oust the owner and
deprive him of all beneficial enjoyment of
the property (Republic of the Philippines v.
Vda. De Castellvi, G.R. No. L-20620, August
15, 1974; NPC v. Spouses Asoque, G.R. No.
172507, September 14, 2016)
3. Infrastructure Projects (Sec. 4, R.A. No. 8974)
Guidelines for expropriation proceedings under
R.A. No. 8974
a. Upon the filing of the complaint, and after
due notice to the defendant, the
implementing agency shall immediately pay
the owner of the property the amount
equivalent to the sum of (1) one hundred
percent (100%) of the value of the property
based on the current relevant zonal valuation
of the Bureau of Internal Revenue (BIR); and
(2) the value of the improvements and/or
structures as determined under Section 7
hereof;
b. In provinces, cities, municipalities and other
areas where there is no zonal valuation, the
BIR is hereby mandated within the period of
sixty (60) days from the date of the
expropriation case, to come up with a zonal
valuation for said area; and
c. In case the completion of a government
infrastructure project is of utmost urgency
and importance, and there is no existing
valuation of the area concerned, the
implementing agency shall immediately pay
the owner of the property its proffered value
taking into consideration the standards
prescribed in Section 5 hereof
Upon compliance with the guidelines above
mentioned, the court shall immediately issue
to the implementing agency an order to take
possession of the property and start the
implementation of the project.
Before the court can issue a Writ of
Possession, the implementing agency shall
present to the court a certificate of
availability of funds from the proper official
concerned.
In the event that the owner of the property
 contests the implementing agency’s proffered
value, the court shall determine the just
compensation to be paid the owner within
sixty (60) days from the date of filing of the
expropriation case. When the decision of the
court becomes final and executory, the
implementing agency shall pay the owner the
difference between the amount already paid
and the just compensation as determined by
the court. (R.A. No. 8974, Sec. 4)
Guidelines for expropriation proceedings under
R.A. No. 10752
a. Upon the filing of the complaint or at any
time thereafter, and after due notice to
the defendant, the implementing agency
shall immediately deposit to the court in
favor of the owner the amount equivalent
to the sum of:
1. One hundred percent (100%) of
the value of the land based on
the current relevant zonal
valuation of the Bureau of
Internal Revenue (BIR) issued
not more than three (3) years
prior to the filing of the
expropriation complaint subject
to subparagraph (c) of this
section;
2. The replacement cost at current
market value of the
improvements and structures as
determined by:
i. The implementing
agency;
ii. A government
financial institution with
adequate experience in
property appraisal; and
iii. An independent
property appraiser
accredited by the BSP.
3. The current market value of
crops and trees located within
the property as determined by a
government financial institution
or an independent property
appraiser to be selected as
indicated in subparagraph (a) of
Section 5 hereof.
Upon compliance with the guidelines
66
abovementioned, the court shall immediately
issue to the implementing agency an order to
take possession of the property and start the
implementation of the project.
If, within seven (7) working days after the
deposit to the court of the amount equivalent
to the sum under subparagraphs (a)(1) to (a)(3)
of this section, the court has not issued to the
implementing agency a writ of possession for
the affected property, the counsel of the
implementing agency shall immediately seek
from the court the issuance of the writ of
possession. The court shall issue the writ of
possession ex parte; no hearing shall be
required.
The court shall release the amount to the
owner upon presentation of sufficient proofs of
ownership.
b. In case the owner of the property cannot be
found, if unknown, or deceased in cases where
the estate has not been settled, after exerting
due diligence, or there are conflicting claims
over the ownership of the property and
improvements and structures thereon, the
implementing agency shall deposit the amount
equivalent to the sum under subparagraphs
(a)(1) to (a)(3) of this section to the court for
the benefit of the person to be adjudged in the
same proceeding as entitled thereto.
Upon compliance with the guidelines
abovementioned, the court shall immediately
issue to the implementing agency an order to
take possession of the property and start the
implementation of the project.
If, within seven (7) working days after the
deposit to the court of the amount equivalent
to the sum under subparagraphs (a)(1) to (a)(3)
of this section, the court has not issued to the
implementing agency a writ of possession for
the affected property, counsel of the
implementing agency shall immediately seek
from the court the issuance of the writ of
possession.
The court shall release the amount to the
person adjudged same expropriation
proceeding as entitled thereto.
c. In provinces, cities, municipalities, and
other areas where there is no land
classification, the city or municipal assessor is
hereby mandated, within the period of sixty
(60) days from the date of filing of the
expropriation case, to come up with the
required land classification and the
corresponding declaration of real property and
improvement for the area. In provinces, cities,
municipalities, and other areas where there is
no zonal valuation, or where the current zonal
valuation has been in force for more than three
(3) years, the BIR is mandated, within the
period of sixty (60) days from the date of filing
of the expropriation case, to conduct a zonal
valuation of the area, based on the land
classification done by the city or municipal
assessor.
d. With reference to subparagraph (a)(1) of this
section, in case the completion of a
government infrastructure project is of utmost
urgency and importance, and there is no land
classification or no existing zonal valuation of
the area concerned or the zonal valuation has
been in force for more than three (3) years,
the implementing agency shall use the BIR
zonal value and land classification of similar
lands within the adjacent vicinity as the basis
for the valuation.
e. In any of the cases in subparagraphs (a) to
(d) of this section, upon its receipt of the writ
of possession issued by the court, the
implementing agency may take possession of
the property and start the implementation of
the project.
f. In the event that the owner of the property
contests the implementing agency’s proffered
value, the court shall determine the just
compensation to be paid the owner within sixty
(60) days from the date of filing of the
expropriation case. When the decision of the
court becomes final and executory, the
implementing agency shall pay the owner the
difference between the amount already paid
and the just compensation as determined by
the court.
g. With regard to the taxes and fees relative to
the transfer of title of the property to the
Republic of the Philippines through
expropriation proceedings, the implementing
agency shall pay the documentary stamp tax,
transfer tax and registration fees, while the
owner shall pay the capital gains tax and any
unpaid real property tax. (R.A. 10752, Sec. 6)
67
F. Foreclosure of real estate mortgage
1. Judicial foreclosure (Rule 68)
Two kinds of foreclosure
1. Judicial foreclosure (Rule 68)
2. Extrajudicial foreclosure (Act No. 3135)
Contents of the complaint in an action for
foreclosure
1. The date and due execution of the mortgage
2. Its assignments, if any
3. The names and residences of the mortgagor
and the mortgagee
4. A description of the mortgaged property
5. A statement of the date of the note or other
documentary evidence of the obligation
secured by the mortgagee, the amount
claimed to be unpaid thereon
6. The names and residences of all persons
having or claiming an interest in the property
subordinate in right to that of the holder of
the mortgage, all of whom shall be made
defendants in the action (ROC, Rule 68, Sec
1)
When period of redemption exists
1. Judicial foreclosure: None. There is only an
equity of redemption and no right of
redemption except those granted by banks or
banking institutions as provided by the
General Banking Act
2. Extrajudicial foreclosure: Right of
redemption exists within one year from the
registration of the certificate of sale in the
register of deeds. However, juridical persons
shall have the right to redeem until, but not
after, the registration of the certificate of
foreclosure sale with the Register of Deeds
which in no case shall be more than 3 months
after foreclosure, whichever is earlier.
(Huerta Alba Resort Inc. v. Court of Appeals,
G.R. No. 128567, September 1, 2000)
Procedure in foreclosure of a mortgage
1. Filing of the complaint
2. Judgment of foreclosure
3. Equity of redemption
4. Foreclosure sale
5. Order of expropriation
6. Writ of possession
7. Deficiency judgment (ROC, Rule 68)
Disposition of proceeds of sale
1. The amount realized from the foreclosure
sale, less the costs of the sale is paid to the
person foreclosing
2. When there is balance or residue, after
paying the mortgage debt, the same shall be
paid to junior encumbrancers in the order of
their priority, as ascertained by the court
3. If there are no junior encumbrancers, the
residue goes to the mortgagor or his
authorized agent, or any other person
entitled to it (ROC, Rule 68, Sec. 4)
Provisional remedies available to mortgagee in
case of foreclosure
1. Preliminary attachment of properties of the
debtor not covered by the mortgage (ROC,
Rule 57)
2. Receivership of mortgaged property when the
grounds provided by the Rules exist (ROC,
Rule 59)
G. Partition (Rule 69)
Two stages of partition
1. First stage is the determination of whether a
co-ownership in fact exist and a partition is
proper
2. Second stage commences when it appears
that the parties are unable to agree upon the
partition directed by the court. In that event,
partition shall be done for the parties by the
court with the assistance of not more than
three (3) commissioners (Dadizon v. Bernadas,
G.R. No. 172367, June 5, 2009)
Partition not allowed
1. There is an agreement among the co-owners
to keep the property undivided for a certain
period but not exceeding ten (10) years;
(Civil Code, Art. 494)
2. Partition is prohibited by the donor or
testator for a period not exceeding twenty
(20) years
3. Partition is by prohibited by law; (Civil Code,
Arts. 494 and 1083)
4. When the property is not subject to a
physical division and to do so would render
the thing unserviceable for the use it is
intended; (Civil Code, Art. 495)
5. When the condition imposed upon voluntary
heirs before they can demand partition has
not yet been fulfilled (Civil Code, Art. 1084)
Requisites for assignment or sale of real
estates by commissioners
1. Assignment is in favor of one of the parties
not to third persons
2. Amount to be paid is based on the amounts
which the commissioners deem equitable
3. Payment to the other parties
68
4. Other interested parties do not ask the court
that the property be sold instead (ROC, Rule
69, Sec. 5)
H. Forcible entry and unlawful detainer
Elements that must be alleged and proved for
a forcible entry suit to prosper
1. That they have prior physical possession of
the property
2. That they were deprived of possession by any
of the means provided for in Section1, Rule
70 of the Rules of Court, namely, force,
intimidation, strategy, threat, and stealth
3. That the action was filed within one year
from the time the owners or legal possessors
learned of their deprivation of the physical
possession of the property (Philippine Long
Distance Company v. Citi Appliance M.C.
Corporation, G.R. No. 214546, October 9,
2019)
When an implied new lease or tacita
reconduccion exists
1. The term of the original contract of lease has
expired
2. The lessor has not given the lessee a notice to
vacate; and
3. The lessee continued enjoying the thing
leased for fifteen (15) days with the
acquiescence of the lessor (Samelo v.
Manotok Services Inc, G.R. No. 170509, June
27, 2012)
When a complaint sufficiently alleges a cause
of action for unlawful detainer
1. Initially, possession of property by the
defendant was by contract with or by
tolerance of the plaintiff
2. Eventually, such possession became illegal
upon demand to pay or comply and vacate
was made
3. Thereafter, the defendant remained in
possession of the property and deprived the
plaintiff of the enjoyment thereof
4. Within one year from the last demand on
defendant to vacate the property, the
plaintiff instituted the complaint for
ejectment (French v. Court of Appeals, G.R.
No. 220057, July 12, 2017)
1. Differentiated from accion publiciana and
accion reivindicatoria
Difference between accion publiciana from Types of Contempt according to the manner of
accion reivindicatoria commission
1. Direct Contempt - Committed in the
Accion Publiciana Accion
presence of or so near a court as to obstruct
Reinvindicatoria
or interrupt its proceedings (Rule 71, Sec 1).
2. Indirect Contempt - Act of disrespect not
Accion publiciana is a Accion reivindicatoria
committed in the presence of the court
plenary action for the is an action for the
(Riano, p. 382).
recovery of the real recovery of
Direct and indirect contempt distinguished
right of possession ownership, which
when the necessarily includes
dispossession has the recovery of Direct Contempt Indirect Contempt
lasted for more than possession
one (1) year (Serdoncillo v. Committed in the Committed within the
Spouses Benolirao, presence of the court, presence of the court
G.R. No. 118328; or near the court
Viray v. Usi, G.R. No.
192486) Shall be dealt with Charge and hearing is
through summary required as the act is
Accion publiciana is a Accion reivindicatoria proceeding. committed outside
proceeding to is an action whereby a the personal
determine the better party claims recovery knowledge of the
right of possession of of ownership over the judge.
realty independently property including the
of title possession thereof Remedy is certiorari Remedy is appeal
(Valdez v. Court of or prohibition
Appeals, G.R. No.
132424)
Two kinds of contempt
MTC shall have jurisdiction over all cases of
1. Criminal contempt is a conduct directed
forcible entry and unlawful detainer,
against the authority and dignity of the court
regardless of the claim’s amount (Section 33,
or a judge acting judicially; it is obstructing
BP 129, as amended by RA 11576).
the administration of justice which tends to
bring the court into disrepute or disrespect
Two instances when preliminary mandatory 2. Civil contempt is the failure to do something
injunction can be availed of by the plaintiff ordered to be done by a court or a judge for
under Rule 70 the benefit of the opposing party therein and
1. Immediately upon filing of the complaint is therefore, an offense against the party in
before judgment (ROC, Rule 70, Sec. 15) whose behalf the violated order was made
2. Pending appeal if the court is satisfied that (Lorenzo Shipping v. Distribution
the defendant’s appeal is frivolous or dilatory Management, G.R. No. 155849, August 31,
or that the appeal of the plaintiff is prima 2011)
facie meritorious (ROC, Rule 70, Sec. 20)
Criminal and Civil Contempt Distinguished
I. Contempt (Rule 71) Criminal Contempt Civil Contempt

Punitive in nature Remedial in nature

What is Contempt?
Contempt pertains to the disobedience to the Purpose is to preserve Puerpose is to provide
court by acting in opposition to its authority, the authority of the a remedy for an
justice and dignity. It signifies not only a willful court and pubish for injured suitor and to
disregard or disobedience of the court’s orders disobedience of its coerce compliance
but also conduct tending to bring the authority of orders with an order to
the court and the administration of law into preserve rights of a
disrepure (Siy v. NLRC, G.R. No. 158971, August private person
25, 2005).
Criminal intent is Intent is immaterial

69
 non-forum shopping
necessary
8. A judgment obligor’s failure to pay any
installment without good reason if the court
State institutes the May be instituted by
orders him to pay in monthly installment
complaint the aggrieved party,
9. Failure of counsel to inform the court of the
or someone who has
death of his client.
an interest to be
protected
Procedural requisites before the accused may
be punished for Indirect Contempt
Quantum of proof is Only preponderance
1. A charge in writing to be filed
proof beyond of evidence is
2. An opportunity for the person charged to
reasonable doubt sufficient
appear and explain his conduct
If there is an If the action is 3. To be heard by himself or counsel (Regalado
acquittal, appeal dismissed, appeal may v. Go, G.R. No. 167988, February 6, 2007).
cannot be availed of. be availed of
(Republic v. Baes, Punishment for Contempt
G.R. No. 139464, Direct Indirect
September 9, 2005). Contempt Contempt

If committed Fine not Fine not

Who may file a case for contempt
against a exceeding Php exceeding Php
An action for contempt may be initiated by:
superior 30,000, or 30,000, or
1. The court motu proprio; or
court imprisonment imprisonment
2. Any aggrieved person (Rule 71, Sec. 1 & 4)
not exceeding not exceeding
6 months or 6 months or
Grounds for direct contempt
both both
a. Misbehavior in the presence of or so near a
court as to obstruct or interrupt the
If committed Fine not
proceedings before the same
against the exceeding Php
b. Disrespect towards the court
RTC or a 2,000, or
c. Offensive personalities towards the court
court of imprisonment
d. Refusal to be sworn or to answer as witness
equivalent not exceeding
e. Refusal to subscribe an affidavit or deposition
rank 10 days, or
when lawfully required to do so
both
f. When the counsel willfully and deliberately
engages in forum shopping (ROC, Rule 7, Sec
If it be an Fine not Fine not
5).
inferior court exceeding Php exceeding
200 pesos, or five thousand
Acts Constituting Indirect Contempt
imprisonment pesos or
1. Misbehabehavior of an offficer of a court in
not exceeding imprisonment
the perfromance of his official duties and
1 day, or both of one (1)
transactions
(Rule 71, Sec. month, or
2. Disobedience of a lawful writ, process, order,
1 & 6, as both (Rule 71,
or judgment or any unauthorized intrusion to
amended by Sec. 7).
real property after being rejected. However,
ADMINISTRATI
the following elements must be present:
VE CIRCULAR
a. Order must be specific
NO. 22-95)
b. Order must be lawful
c. Disobedience should be willful
3. Any abuse or any unlawful interference with
proceedings not constituting direct contempt
4. Any improper conduct which impedes,
obstruct, or degrade the administration of
justice
5. Assuming to be an attorney or an officer of
the court without authority
6. Failure to obey a subpoena
7. Submission of a false certification of

70
 his death that venue lies in any province in
which he had an estate. (Sec. 1)
SPECIAL PROCEEDINGS AND SPECIAL
WRITS Remedies for Impropriety of Venue
1. In an appeal from the court, in the origin
case; or
A. Settlement of estate of deceased 2. When the want of jurisdiction appears on the
persons record (Consolidated Bank and Trust. Corp. v. IAC,
GR No. 75017, June 13, 1991)
Venue and process (Rule 73)
Extent of Jurisdiction of Probate Court
1. The main function of a probate court is to
Court which has Jurisdiction over cases of
settle and liquidate the estates of deceased
settlement over estate of deceased persons
persons either summarily or through the
1. If the decedent is an inhabitant of the
process of administration.
Philippines at the time of his death, whether
2. The probate court exercises limited
a citizen or an alien, his will shall be proved,
jurisdiction, thus it has NO power to take
or letters of administration granted, and his
cognizance of and determine the issue of
estate settled, in the province in which he
title to property claimed by a third person
resides at the time of his death, and
adversely to the decedent unless the
2. If he is an inhabitant of a foreign country,
claimant and all other parties who have legal
ANY province in which he had estate.
interest in the property consent, expressly or
3. The court first taking cognizance of the
impliedly, to the submission of the question
settlement of the estate of a decedent, shall
to the probate court.
exercise jurisdiction to the exclusion of all
other courts. (Sec. 1)
In that case, if the probate court allows the
4. Under RA 7691, MTC, MeTC and MCTC shall
introduction of evidence on ownership it is
exercise exclusive original jurisdiction over
for the SOLE purpose of determining
probate proceedings, testate and intestate,
whether the subject properties should be
where the value of the estate does not
included in the inventory, which is within the
exceed P300K (outside Metro Manila) or
probate court’s competence.
where such estate does not exceed P400K (in
Metro Manila).
The determination is only provisional subject
5. The jurisdiction of the RTC is limited to the
to a proper action in a separate action to
settlement and adjudication of properties of
resolve the title.
the deceased and cannot extend to collateral
matters.
3. The jurisdiction of the probate court merely
relates to matters having to do with
Note: Section 1, Rule 73, though it mentions
a. The settlement of the estate and the
“CFI” (now RTC) pertains to VENUE and not
probate of wills,
JURISDICTION.
b. The appointment and removal of
administrators, executors, guardians and
Venue in the Judicial Settlement of Estate
trustees.
1. The residence of the decedent at the time of
his death is determinative of the venue of the
proceeding.
4. The question of ownership is, as a rule, an
2. Venue is NOT jurisdictional. The question of
extraneous matter which the probate court
residence is determinative only of the venue
cannot resolve with finality.
and does not affect the jurisdiction of the
5. The rule that the determination of a
court.
decedent's lawful heirs should be made in the
3. If the decedent was a resident of the
corresponding special proceeding precludes
Philippines, the venue is laid exclusively in
the RTC, in an ordinary action for
the province of his residence at the time of
cancellation of title and reconveyance, from
his death.
granting the same. (Heirs of Ypon v.
● Residence means his personal, actual, or
Ricaforte)
physical habitation, his ACTUAL residence
6. However, in Treyes v. Larlar, G.R. No. 232579,
or place of abode
September 8, 2020
4. It is only where the decedent was a
nonresident of the Philippines at the time of

71
 Unless there is a pending special proceeding
for the settlement of the decedent's estate or
for the determination of heirship, the
compulsory or intestate heirs may
commence an ordinary civil action to
declare the nullity of a deed or instrument,
and for recovery of property, or any other
action in the enforcement of their ownership
rights acquired by virtue of succession,
without the necessity of a prior and separate
judicial declaration of their status as such.
The ruling of the trial court shall only be in
relation to the cause of action of the ordinary
civil action, i.e., the nullification of a deed
or instrument, and recovery or reconveyance
of property, which ruling is binding only
between and among the parties.
7. May the probate court pass upon the title of
the property with FINALITY?
It may, when the interested parties are the heirs
who have all appeared in the proceeding and
the rights of third parties are not impaired
(Munsayac-De Villa v. CA, 2003).
Powers and Duties of Probate Court
1) Distribute shares;
2) Determine the legal heirs;
3) Issue warrants and processes to secure
attendance of witnesses;
4) Determine and rule upon issues relating to
the settlement of the estate, such as
administration, liquidation, and
distribution of the estate; and
5) Determine the following:
a) Heirs of the decedent;
b) Recognition of natural child;
c) Validity of the disinheritance affected by
testator;
d) Status of a woman who claims to be the
lawful wife of the decedent;
e) Validity of waiver of hereditary heirs;
f) Status of each heir;
g) Whatever property in inventory is
conjugal or exclusive property of
deceased spouse; and
h) Matters incidental or collateral to the
settlement and distribution of the estate.
Summary settlement of estates (Rule 74)
Summary settlement of estate
Summary settlement of estate is a judicial
proceeding wherein without the appointment of
executor or administrator, and without delay, the
competent court summarily proceeds to:
72
a) Value the estate of the decedent;
b) Ascertain his debts and order payment
thereof;
c) Allow his will if any;
d) Declare his heirs, devisee and legatees; and
distribute his net estate among his known
heirs, devisees, and legatees, who shall
thereupon be entitled to receive and enter
into the possession of the parts of the estate
so awarded to them respectively.
Extrajudicial Settlement by Agreement
between Heirs be done
1. The parties may, without securing letters of
administration, divide the estate among
themselves as they see it by means of a
public instrument filed in the office of the
register of deeds and should they disagree,
they may do so in an ordinary action of
partition. This can be done if:
a. Intestate - the decedent left no will and
b. No debts and
c. The heirs are all of age, or
d. The minors are represented by their
judicial or legal representatives duly
authorized for the purpose.
2. The parties to an extrajudicial settlement,
whether
a. By public instrument or
b. By stipulation in a pending action for
partition, or
c. The sole heir who adjudicates the entire
estate to himself by means of an affidavit
shall File, simultaneously with and as a
condition precedent to the filing of the
abovementioned, a. a BOND in an amount
equivalent to the value of the personal
property involved and b. conditioned
upon the payment of any just claim that
may be filed under Section 4 of this Rule.
3. The fact of the extrajudicial settlement or
administration shall be published in a
newspaper of general circulation once a week
for three consecutive weeks.
4. No extrajudicial settlement shall be binding
upon any person who has not participated
therein or had no notice thereof.
When Extrajudicial Partition of the estate is
valid
When the following conditions concur:
1) The decedent left no will;
2) The decedent left no debts, or if there were
debts left, all had been paid;
3) The heirs are all of age or if they are minors,
the latter are represented by their judicial
 guardian or legal representative;
4) The partition was made by means of a public
instrument or affidavit duly filed with the
Register of Deeds; and
5) The fact of the extrajudicial settlement or
administration shall be published in a
newspaper of general circulation.
Allowance or disallowance of wills (Rule 76)
Contents of Petition for Allowance of Will
A petition for the allowance of a will must show,
so far as known to the petitioner:
(a) The jurisdictional facts — refer to the fact of
death of the decedent, his residence at the
time of his death in the province where the
court is sitting.
(b) The names, ages, and residences of the heirs,
legatees, and devisees of the testator or
decedent;
(c) The probable value and character of the
property of the estate;
(d) The name of the person for whom letters are
prayed;
(e) If the will has not been delivered to the
court, the name of the person having custody
of it.
But no defect in the petition shall render void
the allowance of the will, or the issuance of
letters testamentary or of administration
with the will annexed. (Sec. 2)
Requisites on how a lost or destroyed will is
proven
Whether the will was a notarial or a holographic
one, its loss or destruction may only be proved
upon the concurrence of the following requisites:
1) By proving its execution and validity;
2) Will is shown to have been in existence at the
time of the death of the testator or
fraudulently or accidentally destroyed in the
lifetime of the testator without his
knowledge;
3) The provision of the will must be proved by
two credible witnesses (Section 6).
Grounds for Disallowance
The will shall be disallowed in any of the
following cases:
1. If not executed and attested as required by
law;
2. If the testator was insane, or otherwise
mentally incapable to make a will, at the
time of its execution;
3. If it was executed under duress, or the
influence of fear, or threats;
4. If it was procured by undue and improper
73
pressure and influence, on the part of the
bene iciary, or of some other person for his
bene it;
5. If the signature of the testator was procured
by fraud or trick, and
6. If the testator acted by mistake or did not
intend that the instrument should be his will
at the time of fixing his signature thereto.
(Sec. 9)
Testimony of Witness Other than Subscribing
Witness
GR: With respect to a notarial will, the courts
must examine the testimony of the subscribing
witnesses
XPN: The court may examine witnesses other
than subscribing witnesses in the following
instances:
a. The subscribing witness is insane;
b. The subscribing witness is dead; or
c. None of the subscribing witnesses reside in the
Philippines (Sec. 7)
Claims against the estate (Rule 86)
Remedies available to enforce mortgage
against the decedent
1) To waive the mortgage and claim the entire
debt from the estate of the mortgagor;
2) To foreclose the mortgage judicially and
prove the deficiency as an ordinary claim
against the estate;
3) To rely on the mortgage exclusively, or other
security and foreclose the same at any time.
Here no claim for deficiency is allowed.
The rules with regard to the Statute of
Non-Claims and its exceptions
GR: The court shall state the time for the filing
of claims against the estate, which shall not be
more than twelve (12) not less than six (6)
months after the date of the first publication of
the notice.
EXCEPTIONS:
1. At any time before an order of distribution is
entered, on application of a creditor who has
failed to file his claim within the previously
limited, the court may, for cause shown and
on such terms as are equitable, allow such
claim to be filed within a time not exceeding
one (1) month. (Sec. 2)
2. Creditor can set up his claim as a
counterclaim in an action filed by the
executor or administrator (Sec. 5)
Note: If the said claims are not filed within the
time limited in the notice, they are FOREVER
BARRED.
Claims that must be filed
1. All claims for money against the decedent,
arising from contract, express or implied,
whether the same be due, not due, or
contingent;
2. All claims for funeral expenses;
3. Expense for the last sickness of the decedent;
and
4. Judgment for money against the decedent.
When an Executor or Administrator has a claim
against the Estate
1. If the executor or administrator has a claim
against the estate he represents, he shall give
notice thereof, in writing, to the court, and
the court shall appoint a special
administrator, who shall, in the adjustment of
such claim, have the same power and be
subject to the same liability as the general
administrator or executor in the settlement
of other claims.
2. The court may order the executor or
administrator to pay to the special
administrator necessary funds to defend such
claim.
Filing of claim
1. A claim may be filed by delivering the same
with the necessary vouchers to the clerk of
court and by serving a copy thereof on the
executor or administrator.
2. If the claim be founded on a bond, bill, note,
or any other instrument, the original need
not be filed, but a copy thereof with all
indorsements shall be attached to the claim
and filed therewith.
3. When the claim is due, it must be supported
by affidavit stating the amount justly due,
that no payments have been made thereon
which are not credited, and that there are no
offsets to the same, to the knowledge of the
affiant.
4. If the claim is not due, or is contingent, when
filed, it must also be supported by affidavits
stating the particulars thereof.
Payment of the debts of the estate (Rule 88)
Requisites before the executor or
administrator may pay the money claims
against the estate:
1. A hearing is conducted
2. The amounts of such claims are ascertained;
and
74
3. There are sufficient assets to pay the debts
(Rule 88 Section 1)
Sales, mortgages, and other encumbrances of
property of decedent (Rule 89)
How debts are paid when properties are
sufficient
1. All debts shall be paid in full within the time
limited for the purpose (Sec. 1);
2. If the testator makes provision by his will, or
designates the estate to be appropriated for
the payment of debts they shall be paid
according to the provisions of the will, which
must be respected (§2);
3. If the estate designated in the will is not
sufficient, such part of the estate as is not
disposed of by will shall be appropriated for
the purpose (§2);
4. The personal estate not disposed of by will
shall be first chargeable with payment of
debts and expenses (§3);
5. If the personal estate is not sufficient, or its
sale would be detrimental to the participants
of the estate, the real estate not disposed
of by will shall be sold or encumbered for
that purpose (§3);
6. Any deficiency shall be met by contributions
from devisees, legatees and heirs who have
entered into possession of portions of the
estate before debts and expenses have been
paid (§6);
7. Retain sufficient estate to pay contingent
claims when the same becomes absolute (§4).
If the estate is insolvent, how should the debts
be paid?
1) Pay the debts in accordance with the
preference of credits established by the Civil
Code (§7);
2) No creditor of any one class shall receive any
payment until those of the preceding class
are paid (§8);
3) If there are no assets sufficient to pay the
credits of any one class of creditors, each
creditor within such class shall be paid a
dividend in proportion to his claim (§8);
4) Where the deceased was a nonresident, his
estate in the Philippines shall be disposed of
in such a way that creditors in the
Philippines and elsewhere may receive an
equal share in proportion to their
respective credits (§9);
5) The owner of claims duly proved against the
estate of an insolvent residents shall be
entitled to a just distribution of the estate
in accordance with the preceding rules if
the property of such deceased person in
 another country is likewise equally
apportioned to the creditors residing in the
Philippines and other creditors, according to
their respective claims (§10);
6) It must be noted that the payments of debts
of the decedent shall be made pursuant to
the order of the probate court (§11).
Period of the time for paying debts and
legacies fixed
On granting letters testamentary or
administration the court shall allow to the
executor or administrator a time for disposing of
the estate and paying the debts and legacies of
the deceased, which shall not, in the first
instance, exceed one (1) year; but the court may,
on application of the executor or administrator
and after hearing on such notice of the time and
place therefore given to all persons interested
as it shall direct, extend the time as the
circumstances of the estate require not
exceeding six (6) months for a single extension
nor so that the whole period allowed to the
original executor or administrator shall exceed
two (2) years (§15).
Distribution and partition (Rule 90)
2 Stages that must be followed before there
could be a distribution of the estate
1) Payment of obligations (liquidation of estate)
— under the Rules, the distribution of a
decedent‘s assets may only be ordered under
any of the following three circumstances:
a) When the inheritance tax, among others,
is paid;
b) When a sufficient bond is given to meet
the payment of the inheritance tax and
all other obligations; and
c) When the payment of the said tax and all
other obligations has been provided for;
(Sec. 1)
2) Declaration of heirs — there must first be a
declaration of heirs to determine to whom
the residue of the estate should be
distributed. A separate action for the
declaration of heirs is not proper. (Sec. 1)
When order for distribution of residue can be
made
GR: Distribution of residue to persons entitled
shall be made only after notice and hearing, and
after payment of:
1. Debts;
2. Funeral charges;
3. Expenses of administration;
4. Allowance to widow; and
75
5. Inheritance tax.
XPN: Distribution can be made even before
payment of obligations only if the distributees
give BOND conditioned for payment of such. (Sec.
1)
Instances when Probate Court may Issue a Writ
of Execution
Generally, A probate court cannot issue writs of
execution because its orders usually refer to the
adjudication of claims against the estate which
the executor or administrator may satisfy without
the need of executor processes (Angelita G. Vda.
De Valera v. Hon. Macario M. Ofilada, G.R. No.
L-27526, 1974) except for these instances
1. To satisfy the contributive shares of devisees,
legatees and heirs in possession of the
decedent‘s assets; (Sec. 6, Rule 88)
2. To enforce payment of expenses of partition
(Sec. 3, Rule 90); and
3. To satisfy the costs when a person is cited for
examination in probate proceedings. (Sec. 13,
Rule 142)
B. Escheat (Rule 91)
Requisites in filing a petition for escheat
1. That a person died intestate;
2. That he left no heirs or persons by law
entitled to the same; and
3. The deceased left properties. (Sec. 1, Rule
91)
Where to file a petition for escheat
1. Resident - RTC of the province where the
deceased last resided;
2. Non-resident - RTC of the place where the
estate is located. (Sec. 1, Rule 91)
What shall the court do if the petition is
sufficient in form and substance?
1. Make an order of hearing - hearing shall not
be more than 6 months after entry of order;
and
2. Direct the publication of a copy of the order -
at least once a week for 6 consecutive weeks
in some newspaper of general circulation in
the province (Rule 91, Sec. 2).
Requisites before a judgment of escheat is
issued
1. The publication of the order of hearing;
2. That the person died intestate;
3. That he is seized of real/personal property in
the Philippines;
4. That he left no heir or person entitled to such
 property; and
5. There is no sufficient cause to the contrary.
(Sec. 3, Rule 91)
Assignment of property Escheated
1. If personal property - to the municipality or
city where he last resided;
2. If real property - to the municipality or city
where the property is situated; or
3. If the deceased never resided in the
Philippines - to the municipality or city where
the property may be found (Sec. 3, Rule 91).
Persons who may file a claim on the Escheated
property
1. Any person entitled to such estate such as a:
a. Devisee;
b. Heir; or
c. Widow/er (Sec . 4, Rule 91).
When to file a petition for Escheat
Within five (5) years from the date of judgment,
otherwise it will be barred forever (Sec. 4)
C. Guardianship
Appointment of guardians (Rule 93)
Who may petition for appointment of Guardian
for resident
1. Any relative;
2. Friend;
3. Other person on behalf of the resident
incompetent who has no parents or lawful
guardian; or
4. The Director of Health in favor of an insane
person who should be hospitalized or in favor
of an isolated leper (Sec. 1, Rule 93).
Who are prohibited as Guardians
1. If the interested person is a creditor and
mortgagee of the estate of the minor, he
cannot be appointed guardian of the person
and property of the latter. (Garchitorena v.
Sotelo, G.R. No. L-47867, November 13,
1942).
Note: Minors; and Incompetent who has no
capacity to care of himself and/or his properties
are also prohibited as guardians (DE LEON &
WILWAYCO, supra at 215).
Factors considered in appointing a Guardian
1. Financial situation;
2. Physical condition;
3. Sound judgment, prudence, and
trustworthiness;
76
4. Morals, character, and conduct;
5. Present and past history of a prospective
appointee and
6. Probability of his being able to exercise the
powers and duties of guardian for the full
period during which guardianship will be
necessary (Francisco v. CA, G.R. No. L-57438,
January 31, 1984).
Jurisdictional requirements
1. As to form:
a. The petition must be verified;
b. A certificate against forum shopping must
be attached in the petition; and
c. Payment of correct docket fees;
2. Notice to persons interested, or publication
in case of a non-resident ward (Sec. 3, Rule
93).
Grounds to file an opposition to a petition for
Guardianship
1. Competency of alleged incompetent; or
2. Unsuitability of the person for whom letters
are prayed (Sec. 4, Rule 93).
Who may file a petition for Guardianship in
case the minor/incompetent/person liable
resides outside the Philippines
1. Any relative;
2. Friend of such person; or
3. Anyone interested in the estate, in
expectancy or otherwise (Sec. 6, Rule 93).
General powers and duties of guardians (Rule
96)
Powers and duties of a guardian
1. To have the care and custody of the person of
his ward, and the management of his estate,
or the management of the estate only, as the
case maybe (Sec. 1, Rule 96);
2. To pay the ward’s just debts out of his
personal estate and the income of his real
estate upon obtaining na order for the sale or
encumbrance thereof (Sec. 2, Rule 96);
3. To settle accounts, collect debts, and appear
in actions for ward (Sec. 3, Rule 96);
4. To manage the estate of the ward frugally
and without waste, and apply proceeds to the
maintenance of the ward (Sec. 5, Rule 96);
5. To join in partition after hearing (Sec. 5, Rule
96);
6. To render to the court an inventory of the
estate of his ward within three (3) months
after his appointment, and annually after
such appointment an inventory and account,
which must be under oath (Sec. 7 Rule 96);
and
7. To render an account to the court for
 settlement and allowance upon the
expiration of a year from the time of his
appointment, and as often thereafter as may
be required (Sec. 8, Rule 96).
Order of liability of a ward’s property
1. Personal estate and income of real estate;
and
2. Real estate. (Rule 96, Sec. 2)
When a guardian may be authorized to join in
partition proceedings after hearing
1. After hearing;
2. After notice to relatives of the ward; and
3. After careful investigation as to the necessity
and propriety of the proposed action (Sec. 5,
Rule 96).
Termination of guardianship (Rule 97)
Who may file a petition to have the
competency of the ward be adjudged
1. A person who has been declared
incompetent;
2. His guardian;
3. Relative; or
4. Friend (Sec. 1, Rule 97).
Grounds for termination of guardianship
1. Competency of the ward has been judicially
determined (Sec. 1, Rule 97);
2. Guardianship is no longer necessary;
3. Death of guardian; or
4. Death of ward (Caniza v. CA, G.R. No.
110427, February 24, 1997).
Who may oppose the termination of
guardianship
1. Guardian;
2. Relative of the ward; or
3. Any other person, in the discretion of the
court (De Guzman v. Aquino, G.R. L-29134,
July 31, 1970)
Grounds for the removal of a guardian
1. Insanity (Sec. 2, Rule 97);
2. Incapability or unsuitability to discharge
functions (Sec. 2, Rule 97);
3. Wastage or mismanagement of the property
of the ward (Sec. 2, Rule 97);
4. Failure to render an account or make a return
within 30 days after it was due (Sec. 2, Rule
97); or
5. Conflict of Interest (In the Matter of
Guardianship of Carmen Vda. De Bengson v.
PNB, G.R. No. L-17066, December 28, 1961).
Special disqualifications for guardianship
1. Judges, clerks of court, and lawyers (Sec. 1,
77
Rule 137 and A.M. No. 08-4-1-SC);
2. Advance age of the guardian (Francisco v. CA,
G.R. No. 57438, January 31, 1984); or
3. Non-residence of the guardian (Vancil v.
Belmes, G.R. No. 132223, June 19, 2001).
D. Writ of Habeas Corpus
Rule 102
Order of procedure for the issuance of a writ
of Habeas Corpus
1. Petition alleging the illegal confinement or
detention;
2. Issuance of the writ by the court of
competent jurisdiction, or in case of
emergency, the judge;
3. Service of the writ by leaving the original
with the person to whom it is directed and
preserving a copy on which to make return;
4. Execution of the writ by delivering the body
of the person detained to the court;
5. Return of service of the person/officer having
custody;
6. Hearing on the return;
7. Recommitment, bail, or discharge of the
detained person; and
8. Order of discharge. (Rule 102)
To what does Habeas Corpus extend to?
1. Cases of illegal confinement or detention by
which a person is deprived of his liberty; and
2. Cases by which the rightful custody of the
person is withheld from the person entitled
thereto (Moncupa v. Enrile, G.R. No. 63345).
Grounds for the suspension of the privilege of
the writ of Habeas Corpus under the
Constitution
1. Invasion, when public safety requires it; or
2. Rebellion, when public safety requires it (Art.
VII, Sec. 18, 1987 Constitution).
When a petition for Habeas Corpus is NOT
proper
1. For asserting or vindicating the denial of the
right to bail (Galvez v. CA, G.R. No. 114046,
October 24, 1994);
2. For correcting errors in the appreciation of
facts or law (Sotto v. Director of Prisons, G.R.
No. L-18871, May 30, 1962);
3. Where the trial court had jurisdiction over
the cause, over the person of the accused,
and to impose the penalty provided for by
law, the mistake committed by the trial
court, if any, refers to the appreciation of the
facts and/or in the appreciation of the law,
 which cannot be corrected by habeas corpus
(Sotto v. Director of Prisons, G.R. No.
L-18871, May 30, 1962);
4. Once a person detained is duly charged in
court, he may no longer question his
detention through a petition for issuance of a
writ of habeas corpus. His remedy would be
to quash the information and/or the warrant
of arrest duly issued (Rodriguez v. Bonifacio,
A.M. No. RTJ-99-1510, November 6, 2000);
and
5. To compel a husband to live with his wife
(Ilusorio v. Bildner, G.R. No. 139789, May 12,
2000).
Requisites for the application of a Writ of
Habeas Corpus
1. Application for the writ shall be by petition
signed and verified either by the party for
whose relief it is intended, or by some person
on his behalf, and shall set forth:
a. That the person in whose behalf the
application is made is imprisoned or
restrained on his liberty;
b. The officer or name of the person by
whom he is so imprisoned or restrained;
or, if both are unknown or uncertain, such
officer or person may be described by an
assumed appellation, and the person who
is served with the writ shall be deemed
the person intended;
c. The place where he is so imprisoned or
restrained, if known; and
d. A copy of the commitment or cause of
detention of such person, if it can be
procured without impairing the efficiency
of the remedy; or, if the imprisonment or
restraint is without any legal authority,
such fact shall appear (Sec. 3, Rule 102)
When the Writ of Habeas Corpus not allowed
or discharge authorized
1. If jurisdiction appears after the writ is
allowed notwithstanding any informality or
defect in the process, judgment, or order;
2. If the person is in the custody of an office
under process issued by a court or by virtue
of a judgment or order of a court of record
which has jurisdiction to issue the process,
render the judgment, or make the order;
3. If the person is charged with or convicted of
an offense in the Philippines;
4. If the person is suffering imprisonment under
lawful judgment; and
5. Three (3) day detention of a suspect without
charge provided that the arrest of those
suspected of the crime of terrorism or
conspiracy to commit terrorism must be in
78
accordance with the Human Securities Act
(Human Security Act of 2007, R.A. 9372, Sec.
18).
Exceptions in cases when a writ of Habeas
Corpus may be issued even if the detention is
by virtue of a judgment
1. There was a deprivation of a constitutional
right in the restrain of a person;
2. The court has no jurisdiction to impose a
sentence;
3. The imposed penalty was excessive, thus
voiding sentence as to excess (Barredo v.
Hon. Vinarao, G.R. No. 168728, August 2,
2007);
4. Where the law is amended, as when the
penalty is lowered, Obtain freedom after
serving a minimum sentence when the
penalty under an old law has been reduced by
an amendatory law (Cruz v. Director of
Prisons, G.R. No. L-6497, November 3, 1910);
and
5. Where the results of post-conviction DNA
testing are favorable to the convict (A.M.
06-11-5-SC, Sec. 10).
To whom must the Writ of Habeas Corpus be
directed
1. In case of imprisonment or restraint by an
officer:
a. The writ shall be directed to him;
b. The officer shall produce the body of the
person before the court; and
c. State the cause of detention and prove
his authority.
2. In case of imprisonment or restraint by a
person not an officer:
a. The writ shall be directed to an officer;
b. The officer shall take and produce the
body of the person before the court; and
c. The officer shall summon the person
detaining another to appear before the
court to show the cause of the
imprisonment or restraint.
Writ of Habeas Corpus in relation to custody of
minors (A.M. No. 03-04-04-SC)
Requisites in Petitions for Habeas Corpus
involving Minors
1. That the petitioner has the right of custody
over the minor;
2. That the rightful custody of the minor is
being withheld from the petitioner by the
respondent; and
3. That it is to the best interest of the minor
concerned to be in the custody of petitioner
 and not that of the respondent (Sombong v.
CA, et. al. G.R. No. 111876, January 31,
1996).
Order of preference that shall be observed in
the award of custody
1. Both parents jointly;
2. Either parent, taking into account all relevant
considerations, especially the choice of the
minor over seven (7) years of age and of
sufficient discernment unless the parent
chosen is unfit;
3. The grandparent or of there are several
grandparents, the grandparent chosen by the
minor over seven (7) years of age and of
sufficient discernment, unless the
grandparent chosen is unfit or disqualified;
4. The eldest brother or sister over twenty-one
(21) years of age unless he or she is unfit or
disqualified;
5. The actual custodian of the minor over
twenty-one (21) years of age, unless the
former is unfit or disqualified; or
6. Any other person or institution the court may
deem suitable to provide proper care and
guidance for the minor (A.M. No.
03-04-04-SC, Sec. 13).
E. Change of name (Rule 103)
The jurisdictional requirements before a
petition for change of name may proceed
1. The petition must be published before the
hearing at least once a week for three
successive weeks in a newspaper of general
circulation published in the province; and
2. Both the title and the body of the petition
must accurately state:
a. Names or aliases of the applicant
b. That the petitioner has been a bona fide
resident of the province where the
petition is filed for at least three (3)
years prior to the date of such filing;
c. Cause for which the change of name is
sought; and
d. New name asked for. (Sec. 3, Rule 103)
Grounds for change of name
1. Name is ridiculous, dishonorable, or
extremely difficult to write or pronounce;
2. Change results as a legal consequence, as in
legitimation;
3. Change will avoid confusion;
4. When one has continuously used and been
known since childhood by a Filipino name,
and was unaware of alien parentage [Uy v.
Republic, G.R. No. L-22712 (1965)];
79
5. Sincere desire to adopt Filipino name to erase
signs of former alienage, all in good faith and
without prejudicing anybody [Ang Chay v.
Republic, G.R. No. L-28507 (1970)];
6. 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. Coseteng-Magpayo, G.R.
No. 189476 (2011)];
7. Intersexuality is a valid ground for change of
name and change of entry of sex in the civil
registry. Where the person is biologically or
naturally intersex the determining factor in
his gender classification would be what the
individual, having reached the age of
majority, with good reason, thinks of his sex.
Sexual development in cases of intersex
persons makes the gender classification at
birth inconclusive. It is at maturity that the
gender of such persons is fixed [Republic v.
Cagandahan, G.R. No. 166676 (2008)]
F. Cancellation or Correction of entries
in the Civil Registry (Rule 108)
Entries subject to Cancellation or Correction
under Rule 108, in relation to R.A. No. 9048
1. Births
2. Marriage
3. Deaths
4. Legal separations
5. Judgments of annulments of marriage
6. Judgments declaring marriages void from the
beginning
7. Legitimations
8. Adoptions
9. Acknowledgments of natural children
10. Naturalization
11. Election, loss or recovery of citizenship
12. Civil interdiction
13. Judicial Determination Of Filiation
14. Voluntary emancipation of a minor
15. Changes of name [Sec. 2, Rule 108]
Grounds for cancellation or correction
Upon good and valid grounds [Sec. 2]
Parties to be impleaded
1. Civil registrar, and
2. All persons who have or claim any interest
which would be affected [Sec. 3, Rule 108]
 G. Clerical error law (RA 9048)
Grounds for change of first name or nickname
1. The petitioner finds the first name or
nickname to be ridiculous, tainted with
dishonor or extremely difficult to write or
pronounce
2. The new first name or nickname has been
habitually and continuously used by the
petitioner and he has been publicly known by
that by that first name or nickname in the
community, or
3. The change will avoid confusion [Sec. 4]
Entries subject to change/cancellation or
correction under R.A. 9048, as amended by
R.A. 10172
1. Clerical or typographical errors, and
2. Change of
a. First name or nickname
b. Day and month in date of birth, or
c. Sex of a person where it is patently clear
that there was a clerical or typographical
error or mistake in the entry.
H. Writ of Amparo (A.M. No. 07-9-12-SC)
The coverage of the WRIT OF AMPARO
1. Right to Life
2. RIght to Liberty
3. Right to Security
4. Also covers Extralegal Killings and Enforced
Disappearances [Sec. 1]
The various permutations of the exercise of
the right to security of a person
1. The right to security of person is freedom
from fear.
2. The right to security of person is a guarantee
of bodily and psychological integrity or
security
3. The right to security of person is a guarantee
of protection of one’s rights by the
government. [Secretary of National Defense
vs Manalo, G.R. No. 180906, October 7, 2008]
Examples of violation of freedom from threat
by the apparent threat to life, liberty and
security of their person
1. Threat of killing their families if they tried to
escape.
2. Failure of the military to protect them from
abduction.
3. Failure of the military to conduct effective
investigation. [Secretary of National Defense
vs Manalo, G.R. No. 180906, October 7, 2008]
80
Roles of the writ of amparo in addressing the
problem of extralegal killings and enforced
disappearances
1. PREVENTIVE - it breaks the expectation of
impunity in the commission of offenses.
2. CURATIVE - it facilitates the subsequent
punishment of perpetrators by inevitably
leading to subsequent investigation and
action. [Secretary of National Defense vs
Manalo, G.R. No. 180906, October 7, 2008]
Who may file
The petition may be filed by the AGGRIEVED
PARTY
OR by any qualified person or entity in the
following order:
1. Any member of the immediate family,
namely:
a. Spouse
b. Children
c. Parents of aggrieved party
2. Any Ascendant, Descendant or Collateral
relative of the aggrieved party within the
FOURTH civil degree of consanguinity or
affinity, IN DEFAULT of those mentioned in the
preceding paragraph.
3. Any concerned Citizen, Organization,
Association or Institution, IF there is NO
known member of the immediate family or
relative of the aggrieved party. [Sec. 2]
Where to file the writ of amparo:
1. RTC where the threat, act or omission was
committed or any of its element occured
2. SANDIGANBAYAN - because public officials and
employees will be respondents
3. COURT OF APPEALS or in ANY JUSTICES
THEREOF
4. SUPREME COURT or in ANY JUSTICES THEREOF
[Sec. 3]
Contents of the petition
1. Personal Circumstances of the petitioner
2. Name and personal circumstances of the
respondent responsible for the threat, act or
omission,
OR, IF the name is unknown or uncertain, the
respondent may be described by an assumed
appellation
3. The right to life, liberty and security of the
aggrieved party violated or threatened with
violation by an unlawful act or omission of
the respondent
a. And how such threat or violation is
committed
 b. With the attendant circumstances
detailed in supporting affidavits
4. The investigation conducted, if any,
specifying
a. The names, personal circumstances and
address of the investigating authority or
individuals
b. As well as the manner and conduct of the
investigation
c. Together with any report.
5. The 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. The relief prayed for.
Note: Petition may include a general prayer for
other just and equitable reliefs. [Sec. 5]
Contents of the return
1. The lawful defenses to show that the
respondent did not violate or threaten with
violation the right to life, liberty and security
of the aggrieved party, through any act or
omission;
2. The steps or actions taken by the respondent
to determine the fate or whereabouts of the
aggrieved party and the person or persons
responsible for the threat, act or omission;
3. All relevant information in the possession of
the respondent pertaining to the threat, act
or omission against the aggrieved party, and
4. If the respondent is a public official or
employee, the return shall further state the
actions that have been or will still be taken:
a. To verify the identity of the aggrieved
party;
b. To recover and preserve evidence related
to the death or disappearance of the
person identified in the petition which
may aid in the prosecution of the person
or persons responsible;
c. To identify witnesses and obtain
statements from them concerning the
death or disappearance;
d. To determine the cause, manner, location
and time of death or disappearance as
well as any pattern or practice that may
have brought about the death or
disappearance;
e. To identify and apprehend the person or
persons involved in the death or
disappearance; and
f. To bring the suspected offenders before a
competent court.
5. The return shall also state other matters
relevant to the investigation, its resolution
81
and the prosecution of the case.
Note: A general denial of the allegations in the
petition shall not be allowed. [Sec. 9]
Prohibited Pleadings and Motions
1. Motion to Dismiss
2. Motion for Extension of Time to file return,
opposition, affidavit, position paper and
other pleadings
3. Dilatory Motion for Postponement
4. Motion for a Bill of Particulars
5. Counterclaim or Cross-claim
6. Third-party complaint
7. Reply
8. Motion to declare respondent in Default
9. Intervention
10. Memorandum
11. Motion for Reconsideration of Interlocutory
Orders or Interim Relief Orders
12. Petition for Certiorari, Mandamus or
Prohibition against any interlocutory order.
[Sec. 11]
To whom returnable
1. If filed with RTC
a. Returnable to RTC
b. Or judge thereof
2. If filed with SANDIGANBAYAN OR CA or any
justices thereof:
a. Returnable to such court
b. Or any justices thereof,
c. Or to any RTC of the place where the
threat, act or omission was committed or
any of its elements occured.
3. If filed with SC or any justices thereof:
a. Returnable before such court OR any
justices thereof
b. Or before the Sandiganbayan
c. Or before the CA OR any justices thereof
d. Or to any RTC of the place where the
threat, act or omission was committed or
any of its elements occured. [Sec. 3]
Interim Reliefs available
1. Upon filing of the petition
2. Or at any time before final judgment.
Interim Reliefs that may be granted to the
Petitioner
1. Temporary Protection Order
2. Inspection Order
3. Production Order
4. Witness Protection Order [Sec. 14]
Interim Reliefs that may be granted to the
Respondent
1. Inspection Order
2. Production Order [Sec. 15]
Quantum of Proof required
GR: Substantial evidence. [Sec. 17]
EXCEPTION: Hearsay evidence
1. If it is required by the unique circumstances
of the case and/or if it can satisfy the
Totality of Evidence Test. [Sanchez v.
Darroca, G.R. No. 242257, (2019), citing
Razon v Tagitis, G.R. No. 182498, (2009)]
Standard of Diligence Required
1. If the respondent is a PRIVATE individual or
entity
a. Then must prove that Ordinary Diligence
as required by applicable laws, rules and
regulations was observed in the
performance of duty.
2. If the respondent is a PUBLIC Official or
Employee
a. Then must prove that Extraordinary
Diligence as required by applicable laws,
rules and regulations was observed in the
performance of duty. [Sec. 17]
I. Writ of Habeas Data (A.M. No.
08-1-16-SC)
Purpose of the WRIT of HABEAS DATA
1. To protect the image, privacy, honor,
information and freedom of information of an
individual;
2. And to provide a forum to enforce one’s right
to the truth and to informational privacy.
[Gamboa v. Chan, G.R. No. 193636, July 24,
2012]
What the courts can grant if the allegations in
the petition are proven
1. Grant access to the database or information;
2. Enjoin the act complained of;
3. Or in case the database or information
contains erroneous data or information, or its
deletion, destruction or rectification.
[Rodriguez vs Arroyo, G.R. No. 191805,
November 15, 2011]
4. Grant other relevant reliefs as may be just
and equitable [Sec. 16]
Who may file
1. Any aggrieved party
2. BUT in cases of extralegal killings and
enforced disappearances:
82
a. Any member of the immediate family of
the aggrieved party, namely:
i. The Spouse
ii. Children
iii. And Parents
b. Any ascendant, descendant or collateral
relative of the aggrieved party within the
FOURTH civil degree of consanguinity OR
affinity, in DEFAULT of those mentioned in
the preceding paragraph. [Sec. 2]
Where to file
1. RTC
a. Where the petitioner resides
b. Or where respondent resides
c. Or that which has jurisdiction over the
place where the date or information is
gathered, collected or stored, at the
option of the petitioner.
2. SC, CA or SANDIGANBAYAN
a. When the action concerns public data
files of government offices.
[Sec. 3]
Where returnable
1. If issued by the RTC or any judge thereof:
a. To such court
b. Or judge thereof
2. If issued by the SANDIGANBAYAN OR CA or any
justices thereof:
a. To any RTC
i. Where the petitioner resides
ii. Or where the respondent resides
iii. Or that which has jurisdiction
over the place where the data or
information is gathered, collected
or stored.
3. If issued by the SC or any justices thereof:
a. To such court or any of its justices
b. Or to CA or SANDIGANBAYAN or any
justices thereof
c. Or to any RTC
i. Where the petitioner resides
ii. Or where the respondent resides
iii. Or that which has jurisdiction
over the place where the data or
information is gathered, collected
or stored. [Sec. 4]
Contents of the Petition
1. The personal circumstances of the petitioner
and the respondent;
2. The manner the right to privacy is violated or
threatened and how it affects the right to
life, liberty or security of the aggrieved
party;
3. The actions and recourses taken by the
 petitioner to secure the data or information;
4. The location of the files, registers or
databases, the government office, and the
person in charge, in possession or in control
of the data or information, if known;
5. The reliefs prayed for, which may include the
updating, rectification, suppression or
destruction of the database or information or
files kept by the respondent.
In case of threats, the relief may include a
prayer for an order enjoining the act
complained of; and
6. Such other relevant reliefs as are just and
equitable. [Sec. 6]
Contents of the Return
1. The lawful defenses such as national security,
state secrets, privileged communications,
confidentiality of the source of information of
media and others;
2. In case of respondent in charge, in possession
or in control of the data or information
subject of the petition;
a. A disclosure of the data or information
about the petitioner, the nature of such
data or information and the purpose for
its collection;
b. The steps or actions taken by the
respondent to ensure the security and
confidentiality of the data or
information; and
c. The currency and accuracy of the data or
information held; and
3. Other allegations relevant to the resolution of
the proceeding.
Note: A general denial of the allegations in the
petition shall not be allowed. [Sec. 10]
Prohibited Pleadings and Motions
1. Motion to Dismiss
2. Motion for Extension of Time to file return,
opposition, affidavit, position paper, and
other pleadings
3. Dilatory Motion for Postponement
4. Motion for a Bill of Particulars
5. Counterclaim or Cross-claim
6. Third-party Complaint
7. Reply
8. Motion to declare respondent in Default
9. Intervention
10. Memorandum
11. Motion for Reconsideration of Interlocutory
orders or Interim Relief orders
12. Petition for Certiorari, Mandamus or
Prohibition against any Interlocutory order.
[Sec. 13]
83
Instances when defenses may be heard in
Chambers
1. Where the respondent invokes the defense
that the release of the data or information in
question shall compromise national security
or state secrets
2. Or when the data or information cannot be
divulged to the public due to its nature or
privileged character. [Sec. 12]
Quantum of proof required
GR: Substantial Evidence [Roxas v, Arroyo, G.R.
No. 189155, (2010)]
EX: Circumstantial Evidence, Indicia and
Presumptions
a. As long as they lead to conclusions consistent
with the admissible evidence adduced. [Saex
v. Arroyo, G.R. No. 183533, (2012)]
J. Rules of Procedure on Environmental
Cases (A.M. No. 09-6-8-SC)
Who may avail of the writ
1. A natural or juridical person
2. Entity authorized by law
3. People’s organizations, NGOs or any public
interest group accredited by or registered
with any government agency on behalf of
persons whose constitutional right to a
balanced and healthful ecology is violated.
[Sec, 1]
Requisites for issuance of writ of kalikasan
1. There is an actual or threatened violation of
the constitutional right to a balanced and
healthful ecology;
2. The actual or threatened violation arises from
an unlawful act or omission of a public
official or employee, or private individual or
entity; and
3. The Actual or threatened violation involves or
will lead to an environmental damage of such
magnitude as to prejudice the life, health or
property of inhabitants in too or more cities
or provinces.
Interim discovery measures available in a
petition for writ of kalikasan
1. Ocular inspection
2. Production or inspection of documents or
things. [Sec. 12]
Requisites for an ocular inspection
The motion mush show the following:
1. An ocular inspection order is necessary to
establish the magnitude of the violation or
the threat as to prejudice the life, health or
property of inhabitants in two or more cities
or provinces;
2. The place or places to be inspected in detail;
and
3. It shall be supported by affidavits of
witnesses having personal knowledge of the
violation or threatened violation of
environmental law. [Sec. 12]

Grounds for contempt in a proceeding for a

writ of kalikasan
1. The respondent refuses or unduly delays the
filing of a return;
2. The respondent makes a false return; or
3. A person disobeys or resists a lawful process
or order of the court. [Sec. 13]

84

VII. CRIMINAL PROCEDURE
A. General matters
1. Criminal jurisdiction; concept and
requisites for exercise
Requisites of due process in criminal
proceedings
1. That the court or tribunal trying the case is
properly clothed with judicial power to hear
and determine the matter before it;
2. That jurisdiction is lawfully acquired by it
over the person of the accused;
3. That the accused is given an opportunity to
be heard; and
4. That judgment is rendered only upon lawful
hearing. (Alonte v. Savellano, Jr., G.R. No.
131652, March 9, 1998)
Requisites for exercise of criminal jurisdiction
1. Jurisdiction over the subject matter;
2. Jurisdiction over the territory;
3. Jurisdiction over the person of the accused
(Cruz v. CA G.R. No. 123340, August 29, 2002)
2. When injunction may be issued
Requisites for an injunction to be issued in a
criminal prosecution
GR: Injunction will not be granted to restrain a
criminal prosecution
XPN:
1. When the injunction is necessary to afford
adequate protection to the constitutional
rights of the accused
2. When it is necessary for the orderly
administration of justice or to avoid
oppression or multiplicity of actions
3. When there is a prejudicial question
4. When the acts of the officer are without or in
excess of authority
5. Where the prosecution is under an invalid
law, ordinance or regulation
6. When double jeopardy is clearly apparent
7. Where the Court has no jurisdiction over the
offense
8. Where it is a case of persecution rather than
prosecution
9. Where the charges are manifestly false and
motivated by the lust for vengeance
10. When there is clearly no prima facie case
against the accused and a motion to quash on
85
that ground has been denied (BPI v.
Hontanosas, G.R. No. 157163, June 25, 2014)
B. Prosecution of offenses (Rule 110)
How criminal actions are instituted
1. For offenses where a preliminary
investigation is required, by filing the
complaint with the proper officer for the
purpose of conducting the requisite
preliminary investigation.
2. For all other offenses, by filing the complaint
or information directly with the MTC or the
complaint with the office of the prosecutor.
(ROC, Rule 110, Sec. 1)
Form required for the complaint or
information
1. Must be in writing;
2. In the name of the People of the Philippines
and;
3. Against all persons who appear to be
responsible for the offense involved. (ROC,
Rule 110, Sec. 2)
Requisites of a complaint
1. It must be Subscribed by the offended party,
by any peace officer or public officer charged
with the enforcement of the law violated;
2. It must Charge a person with an offense;
3. It must be under Oath and in Writing; and
4. It must be in the name of the People of the
Philippines (ROC, Rule 110, Sec. 3).
Who may file a complaint
1. Offended party which is the person against
whom or against whose property the crime
was committed;
2. Any Peace officer; and
3. Other Public officer charged with the
enforcement of the law violated. (ROC, Rule
110, Sec. 3).
Requisites of Information
1. It must be in Writing;
2. It must Charge a person with an offense;
3. It must be Subscribed by the Prosecutor; and
4. It must be Filed in court. (ROC, Rule 110,
Sec. 4)
Persons authorized to file information
1. City or Provincial Prosecutor and their
assistants; and
2. Duly appointed special Prosecutors (ROC, Rule
110, Sec. 4)
Crimes that must be prosecuted upon
complaint of the offended party
1. Adultery and concubinage
2. Seduction, abduction, acts of lasciviousness
3. Defamation which consists in the imputation
of an offense mentioned above (ROC, Rule
110, Sec. 5)
When a complaint or information deemed
sufficient
A complaint or information is sufficient if it
states:
1. The name of the accused
2. The designation of the offense given by the
statute
3. The acts or omissions complained of as
constituting the offense
4. The name of the offended party
5. The approximate date of the commission of
the offense
6. The place of the commission of the offense
(ROC, Rule 110, Sec. 6)
Requisites of information in the Allegation of
aggravating circumstance of habitual
delinquency
1. The commission of the Previous crimes
2. The Last conviction or release: and
3. The Other previous conviction or release of
the accused (People v. Venus, GR No 45141,
September 15, 1936).
Note: This only applies to the crimes of
Falsification, Robbery, Estafa, Theft, Serious and
Less Serious Physical Injuries
Requisites of a Continuous Crime
1. Plurality of acts performed separately during
a period of time;
2. Unity of Penal provision infringed upon or
violated; and
3. Unity of Criminal intent which means that
two or more violations of the same penal
provision are united on one and the same
intent leading to the perpetration of the
same criminal purpose or claim (People v.
Ledesma, G.R. No. L-41522, September 29,
1976).
4. Crimes susceptible of being committed in
various Modes;
5. Crimes of which Another offense is an
ingredient (People v. Camerinon, GR. No.
1-13484 May 20, 1960); and
6. When a single act violates Different statutes
(Loney v. People, G.R. No. 152644 February
10, 2006).
86
Requisites to Properly Invoke the Defense of
Double Jeopardy
1. First jeopardy must have Attached;
2. First jeopardy must have been Terminated;
and
3. There is a Second jeopardy (Cudia vs. Court
of Appeals, G.R. No.170315, January 16,
1998).
Where should criminal action be instituted
1. In the court of the municipality or territory
where the offense was committed or where
any of its essential elements occurred
(Exception: Sandiganbayan cases)
2. If committed in a train, aircraft, or other
public or private vehicle: in the court of any
municipality or territory where the vehicle
passed during its trip, including the place of
departure or arrival
3. If committed on board a vessel in the course
of its voyage: in the court of the first port of
entry or of any municipality or territory
where the vessel passed during the voyage,
subject to the generally accepted principles
of international law
4. Crimes committed outside the Phil but
punishable under Article 2 of the RPC: any
court where the action is first filed (ROC,
Rule 110, Sec. 15)
C. Prosecution of civil action (Rule 111)
When Reservation of the Right to Institute
Civil Action Separately shall be made
1. Before the prosecution starts to present its
evidence; and
2. Under circumstances affording the offended
party a reasonable opportunity to make such
reservation (Rule 111, Sec. 1, Rules of Court)
Instances Where Reservation to File Civil
Action Separately Not Allowed
1. BP. Blg. 22 cases (Sec. 1, par. (b));
2. Cases cognizable by the Sandiganbayan (P.D.
No. 1606, as amended by R.A. No. 8249, Sec.
4);
3. Tax cases (R.A. No. 9282, Sec. 7, par. (b)(1))
Rules on Filing Fees When Civil Action Deemed
Instituted
1. No filing fees are required for amounts of
actual damages, except with respect to
criminal actions for violation of B.P. Big. 22,
in which case, the offended party shall pay in
full the filing fees based on the face value of
the check as the actual damages;
2. Where the amount of damages, other than
 actual (moral, exemplary, and other
damages), is specified in the Complaint or
Information, the corresponding filing fees
shall be paid by the offended party upon
filing thereof in court; and;
3. Where the offended party seeks to enforce
civil liability against the accused by way of
moral, nominal, temperate or exemplary
damages without specifying the amount
thereof in the Complaint or Information (the
grant and amount thereof are left to the
sound discretion of the trial court), the filing
fees thereof shall constitute a first lien on
the judgment awarding such damages. (Rule
111, Section 1)
Consequences of the independent character of
actions under Articles 32, 33, 34, and 2176
1. The right to bring the civil action shall
proceed independently of the criminal action
and regardless of the results of the latter
(CIVIL CODE, Art. 31);
2. The quantum of evidence required is
preponderance of evidence;
3. The right to bring the foregoing actions based
on the Civil Code need not be reserved in the
criminal prosecution, since they are not
deemed included therein;
4. The institution or the waiver of the right
to-file a separate civil action arising from the
crime charged does not extinguish the right
to bring-.an independent action;
5. The only limitation is that the offended party
cannot recover more than once for the same
act or omission; and
6. Even if a civil action is filed separately, the
ex delicto civil liability in the criminal
prosecution remains, and the offended party
may — subject to the control of the
Prosecutor — still intervene in the criminal
action, in order to protect the remaining civil
interest therein (Philippine Rabbit Bus Lines,
lnc. v. People, supra).
Instances When Extinguishment of Criminal
Liability RESULTS in Extinguishment of the
Civil Liability
1. The court declares that the accused was
innocent;
2. The Acts or omissions giving rise to the civil
liability in the criminal action does not exist;
and
3. Death of the accused (see discussion on
Section 4, Rule 111 for qualifications).
87
Instances When the Extinguishment of Criminal
Liability DOES NOT Result in the
Extinguishment of Civil Liability
1. The acquittal is based on Reasonable doubt,
if the civil case has been reserved;
2. The decision contains a declaration that the
liability of the accused is not criminal but
only Civil in nature;
3. The civil liability is not Derived from or based
on the criminal act of which the accused is
acquitted (Poblador, Jr., v. Manzano, G.R. No.
192391, June 19, 2077)
4. The Statute declares that there can be no
criminal liability but only civil liability
5. Article 11, par. (4) of the Revised Penal Code
– Justifying circumstances;
6. Article 12, pars. (1-6) of the Revised Penal
Code and some Exempting circumstances;
and
7. The dismissal is on the ground of Prescription
of criminal aspect (Burgos v. Naval, G.R. No.
219468, June 8, 2016).
Rules in case of death of the accused
1. If the accused dies before arraignment, the
case shall be dismissed without prejudice to
any civil action the offended party may file
against the estate of the accused (People v.
Bayotas, G.R. No. 102007, September 2,
1994)
2. If the accused dies after arraignment and
during the pendency of the criminal action,
the civil liability arising from the delict shall
be extinguished (RPC, Art. 89, par. (i);
Elements of a Prejudicial Question
1. The civil action must be instituted prior to
the criminal action;
2. It involves an issue similar or intimately
related to the issue raised in the subsequent
criminal action;
3. The resolution of such issue determines
whether or not the criminal action may
proceed; and
4. Jurisdiction to try said question must be
lodged in another tribunal (People v.
Arambulo, G.R. No. 186597, June 17, 2015)
When and Where to File Petition for
Suspension by Reason of a Prejudicial Question
1. During the preliminary investigation with the
Office of the Prosecutor; or
2. In court where the criminal action was filed
before the prosecution rests its case (ROC,
Rule 111, Sec. 6).

D. Preliminary Investigation
Instances when preliminary investigation may
be demanded by the accused who is under
inquest
1. If a person is arrested, he can ask for a
preliminary investigation before the filing of
the Complaint’ Information but he must sign
a waiver in accordance with Article 125 of
the Revised Penal Code; or
2. After the filing of the Information!
Complaint, the accused may, within 5 days
from the time he learns of its filing, ask for
preliminary investigation (ROC, Rule 112, Sec.
6).
Instances When Right to Preliminary
Investigation Is Waived
1. Failure to claim it before the accused
pleaded (People v. Marquez, G.R. No.
L+23654, March 29, 1969),
2. His silence (Pilapil v. Sandiganbayan, G.R. No.
101978, April 7, 1993), or
3. Failure to request it within 5 days from the
time he learns of the filing of the Complaint
or Information, in those instances where the
accused is lawfully arrested without a
warrant (Villarin v. People, G.R. No. 175289,
August 31, 2011}.
Remedies of the accused when no preliminary
investigation is conducted
1. Refuse to enter a plea upon arraignment and
object to further proceedings upon such
ground;
2. Insist on a preliminary investigation;
3. File a Certiorari, if refused;
4. Raise Lack of preliminary investigation as
error on appeal (US v. Banzuela, G.R. No.
10172, October 1, 1915); or
5. File for Prohibition (Conde v. CFI, G.R. No.
L21236, October 1, 1923)
Persons authorized to conduct a preliminary
investigation
1. Provincial or City prosecutors and their
Assistants;
2. National and Regional state prosecutors: and
3. Such Other officers as may be authorized by
law such as: the COMELEC, Ombudsman, and
PCGG. (ROC, Rule 112, Sec 2)
Effects of an Incomplete Preliminary
Investigation
1. It does not warrant the quashal of the
Information (Budiongan, Jr. v. De fa Cruz, Jr,
G.R. No. 170288, September 22, 2006).
88
2. It does not affect the court’s jurisdiction or
the validity of the Information (Rodis v.
Sandiganbayan, G.R. Nos. 71404-09, October
26, 1988).
Rights of the Respondent during Preliminary
Investigation
1. Right to Speedy Disposition of Cases (Cagang
v. Sandiganbayan, G.R. No. 206438, July 31,
2018);
2. Right to be Notified of the allegations against
him;
3. Right to Examine the evidence presented in
the investigation (ROC, Rule 112, Sec. 3(b)):
4. Right to Submit his own evidence;
5. Right to file Counter-affidavit to controvert
the allegations against him (ROC, Rule 112,
Sec. 3, par c}
6. Opportunity to be present in the Clarificatory
Hearing (ROC, Rule 172. Sec. 3(e));
7. Right to file a motion for Reinvestigation;
8. Right to file a Petition for Review (ROC, Rule
112, Sec. 4);
9. Right to file a Motion to Quash (ROC, Rule
117, Sec. 7); and
10. Right to Post Bail (ROC, Rule 112, Sec. 6).
Contents of Certification of Preliminary
Investigation
The investigating officer shat certify under oath
in the Information that:
1. He or an authorized officer, as shown by the
record, personally examined the complainant
and his witnesses;
2. There is reasonable ground to believe that a
crime has been committed and the accused is
probably guilty thereof;
3. The accused was informed of the Complaint
and of the evidence against him; and
4. He was given an opportunity to submit
controversial evidence. (ROC, Rule 112, Sec.
4)
Guidelines when the Petition for Review was
granted by the DOJ
1. If the case is not yet filed in the court, the
DOJ can order the Prosecutor to either file or
refrain from filing the case. In this instance,
the court has no discretion on the acts of the
Prosecutor (ROC, Rule 112, Sec. 4).
2. If the case is already filed in court, the DOJ
must order the Prosecutor to file for a
petition to dismiss in court. However, it shall
be in the discretion of the court whether or
not to grant the petition to dismiss (Roberts,
Jr. v. CA, supra; Crespo v. Mogul, supra).
Instances when a Warrant of Arrest is not
necessary
1. If the offense is punishable by fine only;
2. If the Complaint or Information was filed
after the accused was lawfully arrested
without warrant; and
3. If the Complaint or information is filed with
the MTC and it involves an offense, which
does not require preliminary investigation,
the judge may issue summons instead of
warrant of arrest if he is satisfied that there
is no necessity for placing the accused under
custody. (ROC, Rule 112, Sec. 5(c)):
Records Supporting the Information or
Complaint
1. Affidavits and counter-affidavits of the
parties & witnesses;
2. Other Supporting evidence; and
3. Resolution of the case. (ROC, Rule 112, Sec 7)
E. Arrest (Rule 113)
How is an arrest made
1) By an actual restraint of a person to be
arrested; or
2) By his submission to the custody of the person
making the arrest
When may a warrantless arrest be lawfully
made
A peace officer or a private person may, without
a warrant, arrest a person:
1) When, in his presence, the person to be
arrested has committed, is actually
committing, or is attempting to commit an
offense
2) 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; and
3) When the person to be arrested is an escaped
prisoner.
Who may make the warrantless arrest
The following may make the warrantless arrest:
a) Peace officer (In in flagrante delicto cases);
or
b) Private person [also known as: Citizen’s
Arrest] (Riano, Criminal Procedure)
Methods of arrest without a warrant
The following are the methods of arrest without a
warrant:
89
a) Arrest by an officer (provided he informs the
person to be arrested of his authority and the
cause of his arrest);
b) Arrest by a private person (provided he
informs the person to be arrested of his
intention to arrest him and the cause of his
arrest); and
c) In cases of flagrante delicto and hot pursuit.
(Riano, Criminal Procedure)
When may a warrantless arrest be lawfully
made
A peace officer or a private person may, without
a warrant, arrest a person:
a) When, in his, presence, the person to be
arrested has committed, is actually
committing, or is attempting to commit an
offense;
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; and
c) When the person to be arrested is an escaped
prisoner. (Rule 113 Section 5)
Method of arrest by a peace officer by virtue
of a with or without a warrant
1. When making an arrest by virtue of a
warrant, the officer shall inform the person
to be arrested of the cause of the arrest and
the fact that a warrant has been issued for
his arrest, except when he flees or forcibly
resist before the officer has opportunity to so
inform him, or when the giving of such
information will imperil the arrest. (Riguera,
Primer-Reviewer on Remedial Law Vol. 2)
2. When making an arrest without a warrant,
the officer shall inform the person to be
arrested of his authority and the cause of the
arrest, unless the latter is either engaged in
the commission of an offense, is pursued
immediately after its commission, has
escaped, flees, or forcibly resists before the
officer has opportunity to so inform hum, or
when the giving of such information will
imperil the arrest. (Riguera, Primer-Reviewer
on Remedial Law Vol. 2)
Method of arrest by a private person
When making an arrest, a private person shall
inform the person to be arrested of the intention
to arrest him and the cause of the arrest, unless
the latter is engaged in the commission of an
offense, is pursued immediately after its
commission, or has escaped, flees, or forcibly
resists before the person making the arrest has
opportunity to so inform him, or when the giving
of such information will imperil the arrest. (Rule
113 Section 5)
Rights of a person arrested
The rights of a person arrested, detained, or
under custodial investigation are:
a) The right to be assisted by counsel at all
times;
b) The right to remain silent;
c) The right to be visited by the immediate
members of his family, by his counsel, or by
any non-governmental organization, national
or international. (R.A. 7438 , Riano, Criminal
Procedure)
Persons not subject to arrest
1. Senator or member(s) of the House of
Representatives (provided, the Congress is in
session and the offense is not punishable by
more than 6 years, otherwise, the privilege
does not apply);
2. Sovereigns, and other chiefs of state,
ambassadors, ministers plenipotentiary,
ministers resident, and charge d’affaires.
(Riano, Criminal Procedure)
F. Bail (Rule 114)
Requisites of bail
1) The undertaking shall be effective upon
approval, and unless canceled, shall remain
in force at all stages of the case until
promulgation of the judgment of the Regional
Trial Court, irrespective of whether the case
was originally filed in or appealed to it;
2) The accused shall appear before the proper
court whenever required by the court of
these Rules;
3) The failure of the accused to appear at the
trial without justification and despite due
notice shall be deemed a waiver of his right
to be present thereat. In such case, the trial
may proceed in absentia; and
4) The bondsman shall surrender the accused to
the court for execution of the final judgment.
(Sec. 2 Rule 114)
Bail as a matter of right
1) Before or after conviction by the
Metropolitan Trial Court, Municipal Trial
Court, Municipal Trial Court in Cities, or
Municipal Circuit Trial Court, and
2) Before conviction by the Regional Trial Court
of an offense not punishable by death,
reclusion perpetua, or life imprisonment.
(Sec. 4 Rule 114)
90
Bail as a matter of discretion
1) Upon conviction by the Regional Trial Court of
an offense; and
2) The offense must not be punishable by death,
reclusion perpetua, or life imprisonment
(Sec. 5 Rule 114)
If the penalty imposed by the trial court is
imprisonment exceeding six (6) years, when
can the accused be denied bail or his bail be
canceled?
1) That he is a recidivist, quasi-recidivist, or
habitual delinquent, or has committed the
crime aggravated by the circumstance of
reiteration;
2) That he has previously escaped from legal
confinement, evaded sentence, or violated
the conditions of his bail without valid
justification;
3) That he committed the offense while under
probation, parole, or conditional pardon;
4) That the circumstances of his case indicate
the probability of flight if released on bail; or
5) That there is undue risk that he may commit
another crime during the pendency of the
appeal. (Sec. 5 Rule 114)
Factors are the amount of bail dependent upon
1) Financial ability of the accused to give bail;
2) Nature and circumstances of the offense;
3) Penalty for the offense charged;
4) Character and reputation of the accused;
5) Age and health of the accused;
6) Weight of the evidence against the accused;
7) Probability of the accused appearing at the
trial;
8) Forfeiture of other bail;
9) The fact that accused was a fugitive from
justice when arrested; and
10) Pendency of other cases where the accused is
on bail.
Note: This list is non-exclusive (Sec. 9 Rule 114)
Qualifications of sureties in a property bond
1) Each must be a resident owner of real estate
within the Philippines;
2) Where there is only one surety, his real estate
must be worth at least the amount of the
undertaking; and
3) If there are two or more sureties, each may
justify in an amount less than that expressed
in the undertaking but the aggregate of the
justified sums must be equivalent to the
whole amount of bail demanded. (Sec. 12
Rule 114)
Who may make a recognition
1) The accused himself; or
2) A responsible person (Sec. 15 Rule 114)
When can recognizance be granted
1) A sworn declaration by the person in custody
of his/her indigency or incapacity either to
post a cash bail or proffer any personal or
real property acceptable as sufficient sureties
for a bail bond;
2) A certification issued by the head of the
social welfare and development office of the
municipality or city where the accused
actually resides, that the accused is indigent;
3) The person in custody has been arraigned;
4) The court has notified the city or municipal
sanggunian where the accused resides of the
application for recognizance. The sanggunian
shall include in its agenda the notice from the
court upon receipt and act on the request for
comments or opposition to the application
within ten (10) days from receipt of the
notice. The action of the sanggunian shall be
in the form of a resolution, and shall be duly
approved by the mayor, and subject to the
following conditions:
a) Any motion for the adoption of a
resolution for the purpose of this Act duly
made before the sanggunian shall he
considered as an urgent matter and shall
take precedence over any other business
thereof: Provided, That a special session
shall be called to consider such proposed
resolution if necessary;
The resolution of the sanggunian shall
include in its resolution a list of
recommended organizations from whose
members the court may appoint a
custodian.
b) The presiding officer of the sanggunian
shall ensure that its secretary shall
submit any resolution adopted under this
Act within twenty-four (24) hours from its
passage to the mayor who shall act on it
within the same period of time from
receipt thereof;
c) If the mayor or any person acting as such,
pursuant to law, fails to act on the said
resolution within twenty-four (24) hours
from receipt thereof, the same shall be
deemed to have been acted upon
favorably by the mayor;
d) If the mayor or any person acting as such,
pursuant to law, disapproves the
resolution, the resolution shall be
returned within twenty-four (24) hours
91
from disapproval thereof to the
sanggunian presiding officer or secretary
who shall be responsible in informing
every member thereof that the
sanggunian shall meet in special session
within twenty-four (24) hours from
receipt of the veto for the sole purpose
of considering to override the veto made
by the mayor.
For the purpose of this Act, the resolution
of the sanggunian of the municipality or
city shall be considered final and not
subject to the review of the Sangguniang
Panlalawigan, a copy of which shall be
forwarded to the trial court within three
(3) days from date of resolution.
5) The accused shall be properly documented,
through such processes as, but not limited to,
photographic image reproduction of all sides
of the face and fingerprinting: Provided, That
the costs involved for the purpose of this
subsection shall be shouldered by the
municipality or city that sought the release of
the accused as provided herein, chargeable
to the mandatory five percent (5%) calamity
fund in its budget or to any other available
fund in its treasury; and
6) The court shall notify the public prosecutor of
the date of hearing therefore within
twenty-four (24) hours from the filing of the
application for release on recognizance in
favor of the accused: Provided, That such
hearing shall be held not earlier than
twenty-four (24) hours nor later than
forty-eight (48) hours from the receipt of
notice by the prosecutor: Provided, further,
That during said hearing, the prosecutor shall
be ready to submit the recommendations
regarding the application made under this
Act, wherein no motion for postponement
shall be entertained. (Section 6 RA 10389)
Additionally, it may be granted as a matter of
right when:
1) Before or after conviction by the
Metropolitan Trial Court, Municipal Trial
Court, Municipal Trial Court in Cities and
Municipal Circuit Trial Court; and
2) Before conviction by the Regional Trial Court:
Provided, further, That a person in custody
for a period equal to or more than the
minimum of the principal penalty prescribed
for the offense charged, without application
of the Indeterminate Sentence Law, or any
modifying circumstance, shall be released on
the person’s recognizance. (Sec. 5 RA 10389)

Note: Read Sec. 5 and 6 together for the
complete requisites of recognizance and relate to
Section 16
When bail is not required
1) When a person has been in custody for a
period equal to or more than the possible
maximum imprisonment of the offense
charged
2) If the maximum penalty is destierro, he shall
be released after 30 days of preventive
imprisonment [Sec. 16, Rule 114].
3) In cases where a person is charged with
violation of a municipal/city ordinance, a
light felony and/or criminal offense, the
penalty of which is not higher than 6 months
imprisonment and/or a fine of P2,000, or
both, where it is established that he is unable
to post the required cash or bail bond [Sec. 1,
R.A. 6036]. NOTE: The title of R.A. 6036
reads “arresto mayor” instead of “6 months”.
Within 30 days when the accused jumps bail,
what should his bondsman do?
1) Produce the body of their principal or give
the reason for his non-production; and
2) Explain why the accused did not appear
before the court when first required to do so.
(Sec. 21 Rule 114)
G. Arraignment and plea (Rule 116)
When a Plea of noy guilty should be entered
1) When the accused so pleaded
2) When he refuses to plead or makes a
conditional plea (Sec. 1(c), Rule 116)
Requisites to plead guilty to a lesser offense
3) Consent of the offended party and prosecutor
4) The offense must be necessarily included in
the offense charged (Sec. 2 Rule 116)
What should the court do upon the accused
pleading guilty to a capital offense
1) Conduct a searching inquiry into the
voluntariness and full comprehension of the
consequences of his plea
2) Require the prosecution to prove his guilt and
the precise degree of culpability
3) Allow accused to present evidence on his
behalf. (Sec. 3 Rule 116)
Note: People v Pagal declared that this was
MANDATORY.
What shall a motion for a bill of particulars
92
allege?
The motion shall:
1) Specify the alleged defects of the complaint
or information; and
2) Specify the details desired (Section 9)
Suspension of arraignment
1) The accused appears to be suffering from an
unsound mental condition which effectively
renders him unable to fully understand the
charge against him and to plead intelligently
thereto.
a) In such case, the court shall order his
mental examination and, if necessary, his
confinement for such purpose;
2) There exists a prejudicial question; and
3) A petition for review of the resolution of the
prosecutor is pending at either the
Department of Justice, or the Office of the
President; provided, that the period of
suspension shall not exceed sixty (60) days
counted from the filing of the petition with
the reviewing office. (Sec. 11)
H. Motion to quash (Rule 117)
Form and contents of a motion to quash
a. Must be in writing;
b. Signed by the accused or his counsel; and
c. Shall distinctly specify its factual and legal
grounds. (Section 2 Rule 117)
Grounds of a motion to quash
The grounds of a motion to quash are the
following:
a) The facts charged do not constitute an
offense;
b) The court trying the case has no jurisdiction
over the person of the accused;
c) The court trying the case has no jurisdiction
over the offense charged;
d) The officer who filed the information had no
authority to do so;
e) The complaint or information does not
conform substantially to the prescribed form;
f) More than one offense is charged except
when a single punishment for various offenses
is prescribed by law. (Multiplicitous
complaint/information);
g) The criminal action or liability has been
extinguished;
h) The complaint or information contains
averments which, if true, would constitute a
legal excuse or justification;
i) The accused has previously been convicted or
acquitted of the offense charged, or the case
against him was terminated without his
 express consent [Double Jeopardy]. (Sec. 3
Rule 117)
Effect of the accused’s failure to assert any
ground of a motion to quash before plea,
either because he did not file a motion to
quash or because he failed to allege such
ground in the motion to quash he had filed
Such failure shall be deemed a waiver of the
grounds of the motion to quash not so asserted.
The exception would be the following grounds:
a) Lack of Jurisdiction over the offense charged;
b) Extinction of the criminal action or liability;
c) Facts charged in the complaint or information
do not constitute an offense;
d) Double Jeopardy;
e) The officer who filed the information had no
authority to do so.
In any of the foregoing cases, the motion to
quash may be filed even after a plea.
(Riguera, Primer-Reviewer on Remedial Law
Vol. 2)
I. Pre-trial (Rule 118)
Pre Trial Agreement
Requirements for pre-trial agreements
All agreements or admissions made or entered
into during the pretrial conference shall be:
1) Reduced to writing; and
2) Signed by the accused and his counsel.
Otherwise, the same cannot be used as evidence
against the accused. (Sec. 2, Rule 118)
Note: Agreements covering the matters referred
to in Section 1 of Rule 118 shall be approved by
the court.
J. Trial (Rule 119)
SUSPENSION ON ACCOUNT OF ABSENT WITNESS
Requisites before trial can be suspended on
account of absent witness
Instance No. 1: When the delays due to the
absence of an essential witness whose
whereabouts are unknown or cannot be
determined and
COURT ACTION: The court shall provisionally
dismiss the action with the express consent of the
detained accused.
Instance No. 2: When the delays are due to the
93
absence of an essential witness whose presence
cannot be obtained by due diligence though his
whereabouts are known,
COURT ACTION: the court shall provisionally
dismiss the action with the express consent of the
detained accused provided:
1. The hearing in the case has been previously
twice postponed due to the non-appearance
of the essential witness and both the witness
and the offended party, if they are two
different persons, have been given notice of
the setting of the case for third hearing,
which notice 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
essential witness and the offended party at
their last known postal or e-mail addresses or
mobile phone numbers.
For the above purpose, the public or private
prosecutor shall first present during the trial
the essential witness or witnesses to the case
before anyone else (Sec. 10, A.M. No.
12-11-2-SC, eff. May 2014).
EXCLUSION OF PERIOD OF DELAY
Requisites for exclusion of the period of delay
1. Witness is Absent or Unavailable
(a) “Absent”: whereabouts are unknown or
cannot be determined by due diligence
(b) “Unavailable”: whereabouts are known
but presence for trial cannot be obtained
by due diligence
2. Witness must be Essential [Sec. 3(b), Rule
119]
(a) “Essential”: indispensable, necessary, or
important in the highest degree
TRIAL IN ABSENTIA
Requisites for trial in absentia
1. The accused has already been arraigned;
2. Accused has been duly notified of the trial;
and
3. Accused’s failure to appear Is unjustifiable.
([Bernardo v. People, G.R. No. 166980 (2007)]
DISCHARGE OF THE ACCUSED TO BE A STATE
WITNESS
Circumstances for discharge to be proper
1. Two or more persons are jointly charged with
the commission of any offense.
2. The prosecution files the motion before
resting its case
3. The prosecution is required to present
 evidence and the sworn statement of each
proposed state witness at a Hearing in
support of the discharge
4. The court is Satisfied that the conditions
required by the Rules are present. [Sec. 17,
Rule 119]
Requisites to be a state witness under R.A.
6981
1. The offense in which his testimony will be
used is a grave felony as defined under the
Revised Penal Code or its equivalent under
special laws;
2. There is absolute necessity for his testimony;
3. There is no other direct evidence available
for the proper prosecution of the offense
committed;
4. His testimony can be substantially
corroborated on its material points;
5. He does not appear to be the most guilty; and
6. He has not at any time been convicted of any
crime involving moral turpitude. (R.A. 6981,
Witness Protection Security and Benefit Act)
Requisites as to the testimony of an accused
sought to be discharged as a state witness?
1. There is absolute necessity for the testimony
of the accused whose discharge is requested;
2. There is no other direct evidence available
for the proper prosecution, except the
testimony of said accused;
3. His testimony can be substantially
corroborated on its material points;
4. Accused does not appear to be the most
guilty; and
5. Accused has never been convicted of any
crime involving moral turpitude. (Sec. 17,
Rule 119)
REOPENING
Requisites for reopening
1. Reopening must be before the finality of a
judgment of conviction;
2. Order is issued by the judge motu proprio or
upon motion;
3. Order is issued only after a hearing is
conducted;
4. Purpose is to avoid a miscarriage of justice;
and
5. Presentation of additional and/or further
evidence should be terminated within 30 days
from the issuance of the order. (Sec. 24, Rule
119)
94
K. Judgment (Rule 120)
Requisites of the Judgment
1. Written in the official language
2. Personally and directly prepared and signed
by the judge and
3. Must contain clearly and distinctly a
statement of facts, and the law upon which it
is based. (Sec. 1)
Jurisdiction requirements
1. Jurisdiction over the subject Matter;
2. Jurisdiction over the territory; and
3. Jurisdiction over the person of the
Accused.(Cruz v. CA, G.R. No. 123340, August
29, 2002).
What should be stated if the judgment is one
of conviction
1. The legal qualification of the offense
constituted by the acts committed by the
accused, and the aggravating or mitigating
circumstances attending its commission;
2. The participation of the accused. whether as
principal, accomplice or accessory:
3. The penalty imposed upon the accused; and
4. The civil liability or damages caused by the
wrongful act or omission, unless a separate
civil action has been reserved or waived
L. Motion for New Trial or
Reconsideration (121)
Grounds for a New Trial in Criminal Cases?
1. Errors of law or irregularities prejudicial to
the substantial rights of the accused have
been committed during the trial; or
2. New and Material evidence has been
discovered which the accused could not with
reasonable diligence have discovered after
trial and produced at the trial and which if
introduced and admitted would probably
change the judgment.
Requisites before a new trial may be granted
on the ground of newly discovered evidence
1. That the new evidence was discovered after
trial;
2. The such evidence could not have been
discovered and produced at the trial even
with the exercise of reasonable diligence;
3. That it is material, not merely cumulative
corroborative or impeaching; and
4. The evidence is of such a weight that it would
probably change the judgment if admitted

M. Search and seizure (Rule 126)
Where to file an application for a search
warrant
An application for search warrant shall be filed
with the following:
a) Any court within those territorial jurisdiction
a crime was committed;
b) For compelling reasons stated in the
application, any court within the judicial
region where the crime was committed if the
place of the crime’s commission is known, or
any court within the judicial region where the
warrant shall be enforced;
c) If the criminal action has already been filed,
the application shall be made only in the
court where the criminal action is pending.
(Sec 2 Rule 126)
Requisites for the issuance of a search warrant
The following requisites for the issuance of a
search warrant are:
a) There must be probable cause;
b) The probable cause must be determined
personally by the judge (in the form of
searching questions and answers) after
examination under oath or affirmation of the
complainant and the witnesses he may
produce;
c) The search warrant must particularly describe
the place to be searched and the things to be
seized;
d) The search warrant shall issue in connection
with one specific offense only; and
e) The sworn statements together with the
affidavits submitted by witnesses must be
attached to the record (See Secs. 4 and 5)
Personal properties which may be seized under
the warrant
a) Subject of the offense;
b) Stolen or embezzled and other proceeds or
fruits of the offense;
c) Used or intended to be used as the means of
committing the offense. (Riguera,
Primer-Reviewer on Remedial Law Vol. 2)
Exceptions to the rule that a search or seizure
must be authorized by a warrant
a) Search incidental to lawful arrest;
b) Consent or waiver;
c) Search of Moving Vehicle;
d) Check points;
e) Body Checks in Airports;
f) Plain View Exception;
g) Stop and Frisk; and
95
h) Inspection of buildings and other premises for
the enforcement of fire, sanitary and building
regulations (Verdiano v People G.R. No.
200370 June 7, 2017)
Remedies against an unlawful search warrant
1) A motion to quash the search warrant; and/or
2) A motion to suppress evidence obtained by
the search warrant.
Note: If no motion to suppress evidence was
filed, the aggrieved party may still be object to
the evidence so obtained when the same is
offered pursuant to Article III, Sec. 3(2) of the
1987 Constitution. (Riguera, Primer-Reviewer on
Remedial Law Vol. 2)
N. Provisional remedies in criminal cases
(Rule 127)
When the civil action is properly instituted in
the criminal action as provided in Rule 111,
when can the offended party have the
property of the accused attached as security
for the satisfaction of any judgment that may
be recovered from the accused?
1) When the accused is about to abscond from
the Philippines;
2) When the criminal action is based on a claim
for money or property embezzled or
fraudulently misapplied or converted to the
use of the accused who is a public officer,
officer of a corporation, attorney, factor,
broker, agent, or clerk, in the course of his
employment as such, or by any other person
in a fiduciary capacity, or for a willful
violation of duty;
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
O. Revised Guidelines on Continuous
Trial (A.M. No. 15-06-10-SC)
Requisites of Waiver of Reading the
Information
1) The court must personally examine accused
2) Full understanding of the accused
3) Express consent by accused AND his/her
counsel
4) Consent is expressly stated in BOTH
minutes/cert. of arraignment and the order
of arraignment
5) Waiver must be explained to the accused in a
 language/dialect known to him

If the accused desires to enter a plea of guilty

to a lesser offense, how will plea bargaining
immediately proceed?
1) The private offended party in private crimes,
or the arresting officer in victimless crimes, is
present to give his/her consent
2) With the conformity of the public prosecutor
to the plea bargaining.

P. The Rule on Cybercrime Warrants

(A.M. No. 17-11-03-SC)

Requirements for the issuance of Cybercrime

Warrants
1) Personal examination by the judge;
2) In a form of searching questions and answers;
3) Must be written and under oath. (Section 2.4,
A.M. No. 17-11-03-SC)

96
 VIII. EVIDENCE (A.M. No. 19-08-15-SC)
A. General concepts
1. Proof vs. evidence
Difference between Proof vis-a-vis Evidence
Proof Evidence
Proof is the effect or Evidence is the
end result of evidence medium of proof or
the means sanctioned
by the rules in
ascertaining the truth
respecting a matter of
fact
Merely the probative The mode or manner
effect of evidence of proving competent
and is the conviction facts in judicial
or persuasion of the proceedings. Without
mind resulting from evidence, there is no
consideration of the proof.
evidence. The effect
or result of evidence.
2. Burden of proof vs. burden of evidence
Burden of Proof vs Burden of Evidence
Burden of Proof Burden of Evidence
It is the duty of a It is the duty of a
party to present party to present
evidence on the facts evidence sufficient to
necessary to establish establish or rebut a
his or her claim or fact in issue to
defense by the amount establish. (Sec 1, Rule
of evidence required 131)
by law (Sec. 1, Rule
131)
Refers to the Logical necessity
obligation of a party which rests upon a
to the litigation to party at any particular
persuade the court time during the trial
that he is entitled to to create a prima
relief. facie case in his favor
or to overthrow one
created against him
Duty of a party to Duty of the party to go
present evidence to with the evidence to
97
establish his claim or overthrow the prima
evidence by the facie evidence against
amount of evidence him.
required by law, which
is preponderance of
evidence in civil cases.
Never shifts. May shift from one
party to the other in
It remains throughout the course of the
the entire case exactly proceedings.
where the pleadings
originally placed it or
with the party upon
whim it is imposed.
(Republic v. Mupas,
G.R.No.181892,
September
8, 2015)
Generally determined Generally determined
by the pleadings filed by the developments
by the party. of the trial, or by the
provisions of
substantive law or
procedural rules which
may relieve the party
from presenting
evidence of the facts
alleged.
In gist, if relevant and competent, evidence may
be (1) conditional, which connotes tentative or
temporary evidence; (2) multiple, where it is
legally permissible for different aspects; or (3)
curative, when it is intended to receive
inadmissible evidence from a party to neutralize
a previously accepted inadmissible evidence from
the other party. (Peralta & Peralta, 2020)
3. Equipoise Rule
The equipoise rule or equiponderance doctrine
refers to a situation where the evidence of the
parties is evenly balanced, or where there is
doubt on which side the evidence preponderates
(or weighs more heavily). In this case, the
decision should be against the party with the
burden of proof. (Riano, Evidence The Bar
Lecture Series, 2022 Edition, p. 68)
It is based on the principle that no one shall be
deprived of his life, liberty or property without
due process of law. (Sec. 1, Art III, 1987
Constitution)

In a criminal case, the equipoise rule provides
that where the evidence is evenly balanced, the
constitutional presumption of innocence tilts the
scales in favor of the accused. Also, where the
evidence admits of two interpretations, one of
which is consistent with guilt, and the other with
innocence, the accused must be given the benefit
of the doubt and should be acquitted. (People v.
Rodriguez, G.R. No. 211721, September 20,
2017).
In civil cases, when the evidence of the parties is
in equipoise, the party who has the burden of
proof loses.
The equipoise rule, however, is not applicable
where the evidence presented is not equally
weighty, such as where the evidence of the
prosecution is overwhelming (Malana v. People,
549 SCRA 451)
B. Admissibility of Evidence
1. Requisites for admissibility of evidence
The requisites for admissibility of evidence are as
follows:
1. The evidence is relevant to the issue;
Note: It is relevant if it has such a
relation to the fact in issue as to include
belief in its existence or non-existence
(Sec. 4, Rule 128)
2. The evidence is competent
Note: The evidence is competent when it is not
excluded by the Constitution, the law or these
rules (Sec. 3, Rule 128). Competency is
determined by the prevailing exclusionary rules
of evidence.
To be admissible, the evidence must be both
relevant and competent
These two elements correspond to Wigmore’s two
axioms of admissibility, namely: (a) that none but
facts having rational probative value are
admissible; and (b) that all facts having rational
probative value are admissible unless some
specific rule forbids them (I Wigmore §§9-10,
289-295).
98
2. Relevance of Evidence and Collateral
Matters
Relevancy of Evidence
Evidence must have such a relation to the fact in
issue as to induce belief in its existence or
nonexistence. (Sec. 4, Rule 128)
The court will admit only evidence which is
relevant to the issue. (Sec. 3, Rule 128, 2019
Amendments to the Revised Rules on Evidence)
Collateral matters
Collateral matters refer to matters other than the
fact in issue.
GR: Evidence on collateral matters is not
allowed.
XPN: It is allowed when it tends in any reasonable
degree to establish the probability or
improbability of fact in issue. (Sec. 4, Rule 128)
3. Multiple Admissibility
Where the evidence is relevant and competent
for two or more purposes, such evidence should
be admitted for any or all the purposes for which
it is offered provided it satisfies and the
requirements of law for its admissibility
therefore. (Tan, A Compendium for The Bar and
The Bench, 2021 Edition)
Example: Oral statement of a dying person may
be treated as a dying declaration if such person
dies, otherwise it will be considered as part of res
getae. (Bar Exams 1984, 2017).
4. Conditional Admissibility
Where the evidence at the time of its offer
appears to be immaterial or irrelevant unless it is
connected with the other facts to be
subsequently proved, such evidence may be
received on condition that the other facts will be
proved thereafter, otherwise the evidence
already given will be stricken out. (Regalado,
2008)
5. Curative Admissibility
The doctrine of curative admissibility allows a
party to introduce otherwise inadmissible
evidence to answer the opposing party’s previous
introduction of inadmissible evidence. (Riano,
Evidence The Bar Lecture Series, 2022 Edition, p.
32)

The incompetent evidence presented by the
adverse party must be objected to by the party
who will be presenting rebutting incompetent
evidence
6. Direct and Circumstantial Evidence
Direct Evidence
That which proves a fact without drawing any
inference from another fact. (Planteras v. People,
G.R. No. 238889, October 3, 2018)
Circumstantial Evidence or Indirect Evidence
● That which proves a fact in issue
indirectly through an inference which the
fact finder draws from the evidence
established. (People v. Ramirez, G.R. No.
218701, February 14, 2018)
● Also known as presumptive evidence,
refers to proof of collateral facts and
circumstances wherein the existence of
the main fact may be inferred according
to reason and common experience
(People v. Lababo, G.R. No. 234651, June
6, 2018).
It may happen that no prosecution witness has
actually seen the commission of the crime.
However, jurisprudence tells us that direct
evidence of the crime is not the only matrix from
which a trial court may draw its conclusion and
finding of guilt. The rules on evidence allow a
trial court to rely on circumstantial evidence to
support its conclusion of guilt.
Difference between Direct Evidence and
Circumstantial Evidence
The difference involves a relationship of the fact
inferred to the facts that constitute the offense.
Their difference does not relate to the probative
value of the evidence. Direct evidence proves a
challenged fact without drawing any inference.
Circumstantial evidence, on the other hand,
indirectly proves a fact in issue, such that the
factfinder must draw an inference or reason from
circumstantial evidence. (Planteras v. People,
G.R. No. 238889, October 3, 2018)
7. Positive and Negative Evidence
Positive Evidence Negative Evidence
The witness affirms When the witness
that a fact did or did states he did not
not occur; see or know of the
occurrence of a
99
fact
Entitled to greater Admissible only if it
weight since the tends to contradict
witness represents positive evidence or
personal knowledge would tend to exclude
the presence or the existence of fact
absence of a fact sworn to by the other
side
(2 REGALADO, REMEDIAL LAW COMPENDIUM 436
[61h rev. ed.]).
When a witness declares of his personal
knowledge that a fact did not take place that is
actually positive testimony since it is an
affirmation of the truth of a negative fact.
(Regalado, 2008)
8. Competent and Credible Evidence
Competent Evidence
One that is not excluded by law in a particular
case. Competence, in relation to evidence in
general, refers to eligibility of an evidence to be
received as such. The test of competence is the
Constitution, the laws or the rules.
Credibility
The worthiness of belief, that quality which
renders a witness worthy of belief. (Black’s Law
Dictionary, 5th Ed., p.330)
NOTE: Admissible evidence is not necessarily
credible evidence. Admissibility does not
guarantee credibility. (Riano, 2016).
C. Judicial Notice and Judicial
Admissions (Rule 129)
Judicial Notice
It is the cognizance of certain facts which judges
may properly take and act upon without proof
because they are supposed to be known to them.
It is based on considerations of expediency and
convenience. It displaces evidence, being
equivalent to proof. (Regalado, 2008)
It is based on the maxim, “what is known need
not be proved”; hence, when the rule is invoked,
the court may dispense with the presentation of
evidence of judicially cognizable facts (Thayer,
Preliminary Treatise on Evidence, p. 277 cited in
Jones, The Law on Evidence in Civil Cases,
Volume I, 3rd Ed.).
Function of Judicial Notice
Mandatory Judicial Discretionary Judicial
It takes the place of proof and is of equal force.
Notice Notice
It displaces evidence and fulfills the purpose for
which the evidence is designed to fulfill. Hence,
Court is compelled to Court is not
it makes evidence unnecessary. When the court
take judicial notice compelled
takes judicial notice of a matter, the court
to take judicial
accepts and recognizes the same without
notice.
necessity of formal proof. Evidence shall be
dispensed with because the matter is so well
known and is common knowledge not to be
Takes place at court’s May be at court’s own
disputable. (Riano 2022)
initiative. initiative or on
request
Kinds of judicial notice
of a party.
1. Mandatory – insofar as those matters
enumerated under Sec. 1, Rule 129;
No Motion or hearing Needs hearing
2. Discretionary – on matters which are of public necessary
knowledge, or are capable of unquestionable
demonstration, or ought to be known to judges
because of their functions (Sec. 2, Rule 129, 2019 Judicial Admissions
Amendments to the Revised Rules on Evidence) These are admissions, oral or written, made by a
party in the course of the proceedings in the
When the matter is subject to a mandatory same case, which do not require proof. (Sec. 4,
judicial notice, no motion or hearing is necessary Rule 129, 2019 Amendments to the Revised Rules
for the court may take judicial notice of a fact. on Evidence)

When judicial notice is mandatory The effect of Judicial admissions is that it

1. Existence and territorial extent of states;
2. Political history, forms of government and
symbols of nationality;
3. Law of nations;
4. Admiralty and maritime courts of the
world and their seals;
5. Political constitution and history of the
Philippines;
6. Official acts of legislative, executive and
judicial departments of the National
Government of the Philippines;
7. Laws of nature;
8. Measure of time; and
9. Geographical divisions (Sec. 1, Rule 129,
2019 Amendments to the Revised Rules on
Evidence)
NOTE: The list here is EXCLUSIVE. Only the things
listed here are the subject of mandatory judicial
notice.
When judicial notice is discretionary
1. Matters which are of public knowledge;
2. Capable of unquestionable demonstration;
or
3. Ought to be known to judges because of
their judicial functions. (Sec. 2, Rule 129)
NOTE: No hearing is required in the enumeration
under Sec. 2, Rule 129
conclusively binds the party making it and cannot
thereafter take a position contradictory to, or
inconsistent with his pleadings. (Tan, A
Compendium for The Bar and The Bench, 2021
Edition)
Requisites of judicial admission
1. It must be made by a party to the case or his
counsel;
2. It must be made in the course of the
proceedings in the same case; and
3. It can be oral or written. (Sec. 4)
Grounds for contradicting judicial admissions
1. Upon showing that the admission was made
through palpable mistake; or
2. When it is shown that the imputed admission
was not, in fact, made. (Id.)
Matters that need not be proved
1. Facts which are the subject of Judicial notice
(ROC, Rule 129, Secs. 1-3);
2. Facts which are judicially Admitted (ROC,
Rule 129, Sec. 4);
3. Matters which are not specifically denied in
the answer (ROG Rule 8, Sec. 11);
4. Facts which are legally presumed
5. Those which are the subject of an agreed
statement of facts between the parties.

100

D. Object (Real) Evidence (Rule 130, A)
Object or real evidence
Objects as evidence are those addressed to the
senses of the court. When an object is relevant to
the fact in issue, it may be exhibited to,
examined or viewed by the court (ROC, Rule 130,
Sec. 1).
1. Requisites of admissibility of object
evidence
A. The object must be relevant to the fact
in issue;
B. The object must be authenticated before
it is admitted;
C. The authentication must be made by a
competent witness; and
D. The object must be formally offered in
evidence.(ROC, Rule 132, Sec. 34)
2. Exclusionary Rules
A. Constitutional Exclusionary Rules
1. Unreasonable searches and seizures (Sec
2, Art III, 1987 Const)
2. Privacy of communication and
correspondence (Sec 3, Art. III)
3. Right to counsel, prohibition on torture,
force, violence, threat, intimidation or
other means which vitiate the free will;
prohibition on secret detention places,
solitary, incommunicado (Sec. 12, Art. III)
4. Right against self-incrimination (Sec. 17,
Art III)
B. Statutory Exclusionary Rules
1. Lack of documentary stamp tax in
document, instruments, or papers
required by law to be stamped makes
such documents inadmissible as evidence
in court until the requisite stamp/s shall
have been affixed thereto and canceled.
(sec. 201, NIRC)
2. Any communication obtained by a
person, not being authorized by all the
parties to any private communication, by
tapping any wire/cable or using any other
device/arrangement to secretly
overhear/intercept/record such
information by using any device, shall not
be admissible in evidence in any
judicial/quasi-judicial/legislative/adminis
trative hearing or investigation. (Secs 1
and 4, RA No. 4200)
3. Any confession, admission or statement
101
obtained as a result of torture shall be
inadmissble in evidence in any
proceedings, except if the same is used
as evidence agaianst a person or persons
accused of committing torture. (Sec. 8,
RA 9745)
E. Documentary Evidence (Rule 130, B)
1. Definition
Documents as evidence consist of writings,
recording, photographs or any material containing
letters, words, sounds, numbers, figures,
symbols, or their equivalent, or other modes of
written expressions, offered as proof of their
contents. Photographs include still pictures,
drawings, stored images, x-ray films, motion
picture or videos. (Sec. 2, Rule 130, 2019
Amendments to the Revised Rules on Evidence)
NOTE: Being writing or materials containing
modes of written expressions do no ipso facto
make such materials documentary evidence. For
such writings or materials to be deemed
documentary evidence, the same must be offered
as proof of their contents. (Riano, 2019)
Requisites for admissibility of documentary
evidence
1. The document must be relevant,
2. The evidence must be authenticated,
3. The document must be authenticated by a
competent witness; and
4. The document must be formally offered in
evidence (ROC, Rule 132, Sec. 34).
Requisites on presentation of documentary
evidence
1. It should be authenticated and proved in the
manner provided in the rules of court;
2. It should be Identified and marked; and
3. It should be formally offered to the court and
shown to the opposing party so that the latter
may have the opportunity to object thereto
(Ramcar, Inc. v. Hi-Power Marketing, GR. No.
157075, July 17, 2006).
2. Original Document Rule
Requisites of Original Document “Best
Evidence” Rule
1. Subject matter involves document
2. Subject of the inquiry is the contents of the
document. (ROC, Rule 130, Sec.3)
Exceptions to the original document rule
1. When the original is lost or destroyed, or
cannot be produced in court, without bad
faith on the part of the offeror;
2. 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 (those in
custody of the adverse party) or the original
cannot be obtained by local judicial processes
and procedures;
3. 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 form
them is only the general result of the whole;
4. When the original is a public record in the
custody of a public officer or is recorded in a
public office; and
5. When the original is not closely-related to the
controlling issue (ROC, Rule 130, Sec.3)
3. Secondary Evidence
When secondary evidence is used
When the original document has been lost or
destroyed, or cannot be produced in court, the
offeror, upon proof of its execution or existence
and the cause of its unavailability without bad
faith on his part, may prove its contents:
1. By a copy;
2. By a recital of its contents in some authentic
document; or
3. By the testimony of witnesses (ROC, Rule 130,
Sec. 5).
The order stated must be followed (ld.).
Predicates of secondary evidence
1. The existence or due execution of the
original;
2. The loss and destruction of the original, or
the reason for its non-production in court;
and
3. The absence of bad faith on the part of the
offeror to which the unavailability of the
original can be attributed (Bank of the
Philippine Islands v. Mendoza, G.R. No,
198799, March 20, 2017).
Those who may prove the execution of a
document
1. The person who executed the document,
2. To whom the parties to the instrument had
previously confessed the execution thereof,
3. Before whom its execution was
acknowledged;
4. Who was present and saw it executed and
102
saw is executed and deliver;
5. Who after its execution and delivery, saw it
and recognized the signatures (E. Michael &
co. Inc., v. Enriquez, G.R. No. L-10824,
December 24, 1915).
Who may prove the loss or destruction of a
document
1. Any person who Knew the fact of loss
2. Anyone who has made a sufficient
examination in the place/s where the
document or papers of similar character are
usually kept by the persons in whose custody
the document lost was and has been unable
to find it.
3. Anyone who has made an Investigation which
is sufficient to satisfy the court that the
instrument is indeed lost. (E. Michael & Co.
Inc, v. Enriquez, G.R., No. L-10824, December
24, 1915)
Who may prove the contents of a document
One who:
1. Signed the document
2. Read it
3. Who Heard it being read, knowing or it being
proved from other sources that the document
so read was the one in question
4. Was Present when the contents of the
document were talked over between the
parties thereto to such extent as to give him
reasonably full information as to its contents;
5. To whom the parties to the instrument have
Confessed or stated the contents thereof (E.
Michael & Co. Inc, v. Enriquez, G.R., No.
L-10824, December 24, 1915)
4. Parol Evidence
When the terms of an agreement have been
reduced to writing, it is considered as containing
all the terms agreed upon and there can be, as
between the parties and their successors in
interest, no evidence of such terms other than
the
contents of the written agreement.
Exceptions to the parol evidence rule
1. Validity of a written agreement;
2. The failure of the written agreement to
express the true Intent of the parties thereto;
3. Subsequent agreements or existence of other
term; and
4. Ambiguity (intrinsic), imperfection or mistake
in the written agreement (ROC, Rule 130,
Sec. 10).
Requisites for applicability of the parol
evidence rule
1. There must be a valid contract;
2. The terms of the agreement must be reduced
into writing;
3. The dispute is between parties and/or their
successors in interest;
4. Ground(s) for applicability must be put in
Issue in the verified pleadings; and
5. There is dispute as to the terms of the
agreement (ROC, Rule 130, Sec. 10)
Interpretation of documents
1. The language of a writing is-to be interpreted
according to the legal meaning it bears in the
place of its execution, unless parties
intended otherwise.(ROC, Rule 130, Sec. 10)
2. In the construction of an instrument where
there are several or particulars, such a
construction is, if possible, to be adopted as
will give effect to all. (ROC, Rule 130, Sec.
11)
3. In the construction of an instrument the
intention of the parties is to be pursued; and
when a general and a particular provision are
inconsistent, the latter is the former. So, a
particular intent will control a general one
that is inconsistent with it.(ROC, Rule 130,
Sec. 12)
4. For the proper construction of an instrument,
the circumstances under which it was made,
including the situation of the subject thereof
and of the parties to it, may be shown, so
that the judge may be placed in the position
of those whose language he is to
interpret.(ROC, Rule 130, Sec. 13)
5. The terms of a writing are presumed to have
been used in their primary and general
acceptance, but evidence is admissible to
show that they have a local, technical; or
otherwise peculiar signification, and were so
used and understood in the particular
instance, in which case the agreement must
be construed accordingly.(ROC, Rule 130, Sec.
14)
6. When an instrument consists partly of written
words and partly of a printed form, and the
two are inconsistent, the former controls the
latter.(ROC, Rule 130, Sec. 15)
7. When the characters in which an instrument
is written are difficult to be deciphered, or
the language is not understood by the court,
the evidence of persons skilled in deciphering
the characters, or who understand the
language, is admissible to declare the
characters or the meaning of the language.
(ROC, Rule 130, Sec. 16)
8. When the terms of an agreement have been
103
intended in a different sense by the different
parties to it, that sense is to prevail against
either party in which he supposed the other
understood it, and when different
constructions of a provision are otherwise
equally proper, that is to be taken which is
the most favorable to the party in whose
favor the provision was made. (ROC, Rule
130, Sec. 17)
9. When an instrument is equally susceptible to
two interpretations, one in favor of natural
rights and the other against it, the former is
to be adopted. (ROC, Rule 130, Sec. 18)
10. An instrument may be constructed according
to usage, in order to determine its true
character. (ROC, Rule 130, Sec. 19)
F. Testimonial Evidence (Rule 130, C)
Qualification of a witness
Except as provided in the next succeeding
section, all persons may be a witness when he:
1. Can perceive, and perceiving; and
2. Can make known their perception to others.
Requisites in order for a child to be a
competent witness
A child witness to be a competent witness must
possess the following at the time of the giving of
his testimony:
1. Capacity to distinguish right from wrong or to
comprehend the obligation of his oath;
2. Capacity to receive correct impressions;
3. Capacity to relate those facts truly to the
court at the time he is offered as a witness.
Requisites in order for a deaf-mute to be a
competent witness
Deaf-mutes are competent witnesses where they:
1. Can understand and appreciate the sanctity
of an oath;
2. Can understand facts they are going to testify
on; and
3. Can communicate their ideas through a
qualified interpreter. (People v. Aleman, 24
July 2013)
Marital disqualification rule
The rule which provides that during their
marriage, a spouse cannot testify against the
other spouse without the latter's consent.
(Section 23 R 130).
Exceptions to the marital disqualification rule
A spouse may testify against the other in:
1. A civil case by one against the other, or
2. A criminal case for a crime committed by one
What is prohibited is a What is prohibited is
spouse against the other or the latter's direct
testimony against the the examination of
descendants or ascendants.
other spouse the spouse on matters
received in
Disqualifications by reason of privileged
confidence during the
communications under the Rules on Evidence
marriage.
The following are the disqualifications by reason
of privileged communications under the Rules on
Evidence: Requisites in order that the disqualification on
1. Marital Communication Privilege the ground of privileged communication
2. Attorney-Client Privilege between attorney and client may apply
3. Physician, Psychotherapist-Patient Privilege. 1. That there must be an attorney and client
4. Priest's/Minister's Privilege relationship;
5. Public Interest Privilege. 2. That the privilege is invoked with respect to
confidential communication between them in
Requisites in order that the disqualification by the course of professional employment;
marriage may apply 3. The client has not given his consent to the
The requisites in order that the disqualification testimony of the attorney, secretary,
by marriage to apply shall be as follows: stenographer or clerk, nor the attorney gives
1. That the marriage is valid and existing at the his consent to his said employees.
time of the offer of the testimony;
2. That the spouse is a party to the action. Exceptions to the attorney-client privilege
The following are excepted from the
Requisites in order that the disqualification by attorney-client privilege:
reason of privileged communication between 1. Furtherance of crime or fraud. If the services
husband and wife may apply or advice of the lawyer were sought or
The requisites for the prohibition to apply shall obtained to enable or aid anyone to commit
be as follows: or plan to commit what the client knew or
1. There must be a valid marital relations reasonably should have known to be a crime
between the husband and the wife; or fraud.
2. That the privilege is invoked with respect to 2. Claimants through the same deceased client.
confidential communication between the As to a communication relevant to an issue
spouses during the marriage; between parties who claim through the same
3. That the spouse against whom such evidence deceased client, regardless of whether the
is being offered has not given his or her claims are by testate or intestate or by inter
consent to the testimony. vivos transaction.
3. Breach of duty by lawyer or client. As to a
Distinguishing marital disqualification rule communication relevant to an issue of breach
(MDR) and marital privileged communication of duty by the lawyer to his client or by the
rule (MPCR) client to his lawyer.
4. Document attested by the lawyer. As to a
MDR MPCR
communication relevant to an issue
concerning an attested document to which
Covers information Only applies to
the lawyer is an attesting witness.
even prior the confidential
5. Joint clients. As to a communication relevant
marriage information received
to a matter of common interest between two
during the marriage
or more clients if the communication was
Can no longer be May be invoked after made by any of them to a lawyer retained or
invoked once the the dissolution of the consulted in common, when offered in an
marriage is dissolved marriage action between any of the clients, unless
they have expressly agreed otherwise. (S24[b]
Requires that the Applies whether the [i to v] R130, 2020 Rules on Evidence]
spouse against whom spouses are parties or 6. A lawyer may reveal secrets when necessary
the testimony is not to collect fees or to defend himself, his
offered is a party to associates, or employees. (Rule 21.01 [c],
the action Code of Professional Responsibility).

104
Client's identity in relation to attorney client
privilege
GR: the client's identity is not privileged because
without a client, there can be no attorney-client
privilege; hence it is but proper that the client be
identified before the privilege may be invoked.
XPN: The general rule is however subject to the
following exceptions:
1. Where a strong probability exists that
revealing the client's name would implicate
him in the very activity for which he sought
the lawyer's advice.
2. Where disclosure would expose the client to
civil liability.
3. Where the government's lawyers have no case
against an attorney's client unless, by
revealing the client's name, the said name
would furnish the only link that would form
the chain of testimony necessary to convict
an individual of a crime.
4. Where the client's identity is relevant to the
subject matter of the legal problem on which
the client sought legal assistance.
5. Where the nature of the attorney-client
relationship has been previously disclosed and
it is the identity which is intended to be
confidential, the client's identity is
confidential since revelation would result in
disclosure of the entire transaction. (Regala
v. Sandiganbayan, 262 SCRA 124 [1996)).
Requisites in order that the disqualification by
reason of privileged communication between
doctor and patient may apply
1. That the privilege is being claimed in civil
case;
2. 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;
3. 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;
4. That the information is necessary to enable
the person to act in that capacity;
5. That the information is confidential and if
disclosed would tend to blacken the
reputation of the patient.
105
Requisites in order that the disqualification by
reason of privileged communication between
priest and penitent may apply
1. There must be a priest, minister, or person
reasonably believed to be so and penitent;
2. There must be a confession or any
communication or any advice given by him or
her;
3. The confession or any communication was
made to the priest, minister, priest or person
reasonably believed to be so in his or her in
his professional character in the course of the
discipline enjoined by the church to which he
belongs.
Requisites in order that the disqualification by
reason of privileged communication in a public
office may apply
1. There must be an official confidential
communication;
2. That the communication must have been
made to a public officer;
3. That the disclosure of the communication
would affect public interest.
Exceptions to the Res Inter Alios Acta Rule
1. Admission of a third person who is a
co-partner, agent;
2. Acts, declaration, or omission of a joint
owner, joint debtor, or other person jointly
interested with the party;
3. Admission by a co-conspirator;
4. Admission by privies;
5. Admission by silence.
Requisites in order that the admission of a
co-partner or agent is admissible as evidence
1. That the partnership, agency or joint interest
is established by evidence other than the act
or declaration;
2. The act or declaration of a partner or an
agent authorized by the party to make a
statement concerning the subject or is within
the scope of his authority;
3. The act or declaration was made during the
existence of the partnership or agency;
4. Such acts or declaration may be given in
evidence against such party after the
partnership or agency is shown other than
acts of declaration.
Rule on admission by joint owner, joint debtor,
or other person jointly interested with the
party.
The act or declaration of a joint owner, joint
debtor, or other person jointly interested with
the party within the scope of his authority and
during the existence of the joint ownership, debt,
or interest may be given in evidence against such
party after the joint ownership, debt, or interest
is shown by evidence other than such act or
declaration.
Requisites in order that the admission of a
conspirator may be received in evidence
against his co-conspirator
The act or declaration of a conspirator in
furtherance of the conspiracy and during its
existence, may be given in evidence against the
co-conspirator after the conspiracy is shown by
evidence other than such act or declaration. (831
R130 of the 2020 Rules on Evidence).
Requisites in order that the admission by
privies is admissible against the subsequent
holder of a title
1. That there must be a relation of privity
between the party and the declarant;
2. That the admission was made by the
declarant as predecessor-in-interest while
holding title to the property;
3. That the admission is in relation to the
property.
Requisites in order that the admission by
silence is admissible against a party
1. That there must be an act or declaration;
2. That he must have heard or observed the act
or declaration of the other person;
3. He must have an opportunity to deny it;
4. He must have understood the statement;
5. He must have an opportunity to object, such
that he would naturally have done if the
statements are not true;
6. The facts were within his knowledge;
7. The facts admitted or the information to be
drawn from his silence is material to the
issue.
Requisites in order that confession is
admissible
1. The confession must involve an express and
categorical acknowledgment of guilt.
2. The facts admitted must be constitutive of a
criminal offense.
3. The confession must have been given
voluntarily and intelligently.
4. There must be no violation of the
constitutional rights of the accused under
Sec. 12, Art. III of the 1987 Philippine
Constitution.
106
The sexual abuse shield rule in criminal cases
involving child abuse.
Under the sexual abuse shield rule in criminal
cases involving child abuse, the following are not
admissible:
1. Evidence offered to prove that the alleged
victim engaged in other sexual behavior.
2. Evidence offered to prove the sexual
predisposition of the alleged victim. (S30 Rule
on Examination of a Child Witness).
Exception to the sexual abuse shield rule
Evidence of specific instances of sexual behavior
by the alleged victim to prove that a person other
than the accused was the source of the semen,
injury, or other physical evidence (siope) shall be
admissible. A party intending to offer such
evidence must file a pretrial motion at least 15
days before the trial stating that he intends to
offer such evidence in order to prevent unfair
surprise upon the other party. (S30 RECW).
Rape shield rule
In prosecutions for rape, evidence of
complainant's past sexual conduct, opinion
thereof or of his/her reputation (PaSCOR) shall
not be admitted unless, and only to the extent
that the court finds, that such evidence is
material and relevant to the case. (Sec. 6, RA.
No. 8505 [Rape Victim Protection & Assistance
Act]).
Exceptions to the hearsay rule
Hearsay evidence is inadmissible except:
1. Dying declaration (R130, S38);
2. Statement of a deceased or person of
unsound mind (R130, S39);
3. Declaration against interest (R130, S40);
4. Acts or declaration about pedigree (R130,
S41);
5. Family reputation or tradition regarding
pedigree (R130, S42);
6. Common reputation (R130, S43);
7. Res gestae (R130, S44);
8. Records of regularly conducted business
activity (R130, S45);
9. Entries in the official records (R130, S46);
10. Commercial list and the like (R130, S47);
11. Learned treatise (R130, S48);
12. Testimony or deposition at a former
proceeding (R130, S49);
13. Residual exception (R130, S50);
14. Hearsay exemption in child abuse cases (Sec.
28 of the Child Witness Examination Rule
[A.M. No. 004-07-SC, December 15, 2000]);
15. Inapplicability of the Hearsay Evidence Rule
under the Electronic Document Rule (R8, S1).
Requisites of a dying declaration
1. The declaration must concern the cause and
surrounding circumstances of the declarant's
death;
2. At the time the declaration was made, the
declarant must be under the consciousness of
an impending death;
3. The declarant is competent as a witness;
4. The declaration must be offered in a criminal
case for homicide, murder, or parricide, in
which the declarant is the victim (People of
the Philippines v. Jose Belmar Umapas, G.R.
No. 215742, March 22, 2017).
Requisites in order that “Dead Man’s Statute”
will apply
1. That the witness offered for examination is
the party or assignor of party to a case, or
persons in whose behalf a case is prosecuted;
2. That the case is against an executor or
administrator or other representative of a
deceased person, or against a person of
unsound mind;
3. That the case is upon a claim or demand
against the estate of such deceased person or
against such person of unsound mind, or
cannot testify;
4. That the testimony to be given is on any
matter of fact occurring before the death of
such deceased person or before such person
became of unsound mind.
Requisites of declaration against interest
1. That the declarant is dead or unable to
testify;
2. That declaration relates to a fact against the
interest of a declarant;
3. That at the time he made said declaration
the declarant was aware that the same was
contrary to his interest;
4. That the declarant had no motive to falsify
and believed such declaration to be true.
Requisites of an act and declaration about
pedigree
1. The declarant is dead or unable to testify.
2. The act or declaration is about pedigree of
another person related to the declarant by
birth, adoption, or marriage or, in the
absence thereof, with whose family he or she
was so intimately associated as to be likely to
have accurate information concerning his
pedigree.
3. The relationship between the relative and the
declarant is shown by evidence other than
such act or declaration.
107
4. The act or declaration occurred before the
controversy (ante litem motam). (S41 R130,
2020 Rules on Evidence).
Requisites of common reputation
1. That the reputation is one formed in the
community interested;
2. That it existed before any controversy has
arisen in the matter sought to be proved
thereby;
3. That common reputation is with respect as to
boundaries of or customs affecting lands in
the community and reputation as to events of
general history important to the community,
or respecting marriage or moral character.
Requisites of res gestae
1. The principal act, the res gestae, is a
startling occurrence;
2. The statements were made before the
declarant had time to contrive or devise; and
3. Statements must concern the occurrence in
question and its immediately attending
circumstances. (People of the Philippines v.
Eric Vargas y Jaguarin and Gina Bagacina,
G.R. No. 230256, September 18, 2019)
Conditions for the admission of a business
record as an exception to the hearsay rule
1. There is a memorandum, report, record or
data compilation of acts, events, conditions,
opinions, or diagnoses, made by writing,
typing, electronic, optical or other similar
means
2. The memorandum etc. is made at or near the
time of the act, event, etc.
3. The memorandum etc, is made by, or from
transmission or supply of information by, a
person with knowledge of the act, event, etc.
4. The memorandum, etc. is kept in the regular
course or conduct of a business activity.
5. It was the regular practice of the business
activity to make the memorandum, report,
record, or data compilation by writing,
typing, electronic, optical or similar means.
6. All of the foregoing conditions are shown by
the testimony of the custodian or other
qualified witnesses. (S45 R130).
Requisites in order that entries in official
records are admissible as evidence
1. That the entries was made by a public officer,
or by another person specially enjoined by
law to do so;
2. That the public officer or the person had
sufficient knowledge of the facts stated by
him, which must have been acquired by him
personally or through official information.

Requirements of the commercial list hearsay
exception
1. There is a list, register, periodical, or other
published compilation.
2. Such published compilation contains
statements of matters of interest to persons
engaged in an occupation.
3. The compilation is published for use by
persons engaged in that occupation.
4. The compilation is generally used and relied
upon by the persons engaged in that
occupation.
Requisites in order that treatises are
admissible as evidence
1. There is a published treatise, periodical or
pamphlet.
2. It is on the subject of law, art, science. Or
history. (LASH)
3. The writer of the statement in the treatise,
periodical, or pamphlet is recognized in his
profession or calling as expert in the subject.
Such recognition may be proved by an expert
witness or taken judicial notice by the court.
(S48 R130).
Requisites in order that the testimony or
deposition at a former proceeding is
admissible as evidence
1. The witness is dead or unable to testify;
2. His testimony or deposition was given in a
former case or proceeding, judicial or
administrative, between the same parties or
those representing the same interests;
3. The former case involved the same subject as
that in the present case, although on
different causes of action;
4. The issue testified to by the witness in the
former trial is the same issue involved in the
present case and
5. The adverse party had an opportunity to
cross-examine the witness in the former case
(Damaso Ambray and Ceferino Ambray vs.
Sylvia Tsourous, et al., G.R. No. 209264, July
5, 2016).
Requisites for the admissibility of the
statements
1. Proponent makes known to the adverse party
the proponent’s intention to offer the
statement and the particulars of it;
2. Sufficiently in advance of the hearing, or by
the pre-trial stage in the case of a trial of the
main case, to provide the adverse party with
the opportunity to prepare to meet it.
(Section 50 Rule 130)
108
Requirements for the admission of a child's
statement describing any act or attempted act
of child abuse
1. The statement must be made by a child.
2. The statement describes any act or
attempted act of child abuse.
3. The child is unavailable to testify.
"Unavailable" means that the child declarant
a. Is dead.
b. Suffers from physical infirmity, lack of
memory, or mental illness.
c. Will be exposed to severe psychological
injury.
d. Is absent from the hearing and the
proponent of his statement has been
unable to procure his attendance by
process or other reasonable means. (OAP
MMS)
4. The hearsay statement is corroborated by
other admissible evidence.
5. The proponent shall make known to the
adverse party the intention to offer such
statement and its particulars to provide him a
fair opportunity to object. (See Sec. 28 RA
7610)
Requisites in order that the electronic business
records will be an exception to the hearsay
evidence rule
1. There must be an authentication through an
affidavit;
2. Authentication must be made by the affidavit
of the custodian or other qualified person.
(see Rule 8 A.M. NO. 01-7-01-SC - RE: RULES
ON ELECTRONIC EVIDENCE)
Rule on the opinion of a witness and its
exceptions to the opinion rule
The rule is that the opinion of witness is not
admissible except:
1. Opinion of an expert witness (Sec. 49);
2. Opinion of an ordinary witness with respect
to:
a. The identity of a person about whom he
has adequate knowledge;
b. A handwriting with which he has
sufficient familiarity;
c. The mental sanity of a person with whom
he is sufficiently acquainted; and
d. The witness may also testify on his
impressions of the emotion, behavior,
condition, or appearance of a person.

G. Presentation of evidence (Rule 132)
1. Examination of witnesses
Requisites
1. Done in open court;
2. Done under oath or affirmation; and
3. Examination is for the purpose of eliciting
answers that shall be given ORALLY. (Sec. 1)
Exceptions:
1. Incapacitated to speak
2. Questions calls for a different mode of
answer (Sec. 1)
3. In civil cases, by depositions pursuant to and
under the limitations of Rules 23 and 24
4. In criminal cases, by depositions or
conditional examinations, pursuant to Secs.
12-15, Rule 119, and Sec. 1, Rule 123, or by
the records of the preliminary investigation,
under the circumstances of Sec. 1(f) of Rule
115
5. In criminal cases covered by the Rule on
Summary Procedure, the affidavits of the
parties shall constitute the direct testimonies
of the witnesses who executed the same
(Sec. 15, Rule on Summary Procedure);
6. In civil cases covered by the Rules on
Summary Procedure, the parties are merely
required to submit the affidavits of their
witnesses and other pieces of evidence on the
factual issues, together with their position
papers, setting forth the law and the facts
relied upon (Sec. 9, Rule on Summary
Procedure);
7. Under the Judicial Affidavit Rule, the judicial
affidavit shall take the place of direct
testimonies of witnesses (Sec. 2, Judicial
Affidavit Rule);
8. Matters regarding the admissibility and
evidentiary weight of electronic documents
may be proved by affidavits subject to cross
by the adverse party (Sec. 1, Rule 9, Rules on
Electronic Evidence)
Rights and obligations of a witness
1. To be protected from irrelevant, improper, or
insulting questions, and from harsh or
insulting demeanor;
2. Not to be detained longer than the interests
of justice require;
3. Not to be examined except only as to matters
pertinent to the issue;
4. Not to give an answer which will tend to
subject him or her to a penalty for an offense
unless otherwise provided by law; or
5. Not to give an answer which will tend to
109
degrade his or her reputation, unless it be to
the very fact at issue or to a fact from which
the fact in issue would be presumed. But a
witness must answer to the fact of his or her
previous final conviction for an offense.
2. Authentication and proof of documents
What are classified as public and private
documents?
1. Public Documents are the written official
acts, or records of the sovereign authority,
official bodies and tribunals, and public
officers, whether of the Philippines, or of a
foreign country; documents acknowledged
before a notary public except last wills and
testaments; documents that are considered
public documents under treaties and
conventions which are in force between the
Philippines and the country of source; and
public records, kept in the Philippines, of
private documents required by law to be
entered therein.
2. Private Documents are those that do not fall
within the enumerated examples for public
documents.
3. Offer and objection
Proper way of presenting an offer or objection
An offer of evidence must be made formally and
orally. It must be made after the presentation of
a party’s testimonial evidence.
● An objection to the offer of evidence must be
made orally and right after the offer is made.
An objection to a testimony given by a
witness for lack of a formal offer must be
made as soon as the witness starts testifying.
An objection to a question during the oral
examination must be made as soon as the
ground to object arises. The grounds for the
objection must be specified.
H. Judicial Affidavit Rule (A.M. No.
12-8-8-SC)
When the judicial affidavit rule is applicable
This rule should be applied to all actions,
proceedings, and incidents requiring the
reception of evidence before:
1. The courts but shall not apply to small claims
cases under A.M. 08-8-7-SC;
2. The investigating officers and bodies given
authority by the Supreme Court to receive
evidence, including the Integrated Bar of the
Philippine (IBP); and
3. The special courts and 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.
I. Weight and sufficiency of evidence
(Rule 133)
Requisites to warrant a conviction based on
circumstantial evidence
1. There is more than one circumstance;
2. The facts from which the inferences are
derived are proven; and
3. The combination of all the circumstances is
such as to produce conviction beyond
reasonable doubt [Sec. 4, Rule 133]
What the Court may consider in determining
preponderance of evidence?
1. All the facts and circumstances of the case;
2. The witnesses’ manner of testifying, their
intelligence, their means and opportunity of
knowing the facts to which they testify, the
nature of the facts to which they testify, the
probability or improbability of their
testimony, their interest or want of interest,
and also their personal credibility so far as
the same may legitimately appear upon the
trial;
3. Number of witnesses (although
preponderance is not necessarily with the
greater number) [Sec. 1, Rule 133]
Determination of the weight of an opinion
given by an expert witness
In any case where the opinion of an expert
witness is received in evidence, the court has a
wide latitude of discretion in determining the
weight to be given to such opinion, and for that
purpose may consider the following:
1. Whether the opinion is based upon sufficient
facts or data;
2. Whether it is the product of reliable
principles and methods;
3. Whether the witness has applied the
principles and methods reliably to the facts
of the case; and
4. Such other factors as the court may deem
helpful to make such determination. [Sec. 5,
Rule 133]
J. Rules on Electronic Evidence (A.M.
No. 01-7-01-SC)
Methods of proof of electronic evidence
All matters relating to the admissibility and
110
evidentiary weight may be established by an
affidavit:
1. Stating facts of direct personal knowledge of
the affiant or facts based on authentic
records; and
2. Affirmatively showing the competence of the
affiant to testify on the matters contained
therein [Sec. 1, Rule 9, Rules on Electronic
Evidence]
Manners of authentication of private electronic
documents offered as authentic
1. By evidence that it had been digitally signed
by the person purported to have signed the
same;
2. By evidence that other appropriate security
procedures or devices as may be authorized
by the Supreme Court or by law for
authentication of electronic documents were
applied to the document; or
3. By other evidence showing its integrity and
reliability to the satisfaction of the judge.
[Sec. 2, Rule 5, Rules on Electronic Evidence]
Manners of authentication of electronic
signature
1. By evidence that a method or process was
utilized to establish a digital signature and
verify the same;
2. By any other means provided by law; or c. By
any other means satisfactory to the judge as
establishing the genuineness of the electronic
signature. [Sec. 2, Rule 6, Rules on Electronic
Evidence]
Requisites of audio, photographic and video
evidence of events, acts or transactions
1. Must be shown, presented or displayed to the
court; and
2. Shall be identified, explained or
authenticated by the person who made the
recording or by some other person competent
to testify on the accuracy thereof [Sec. 1,
Rule 11, Rules on Electronic Evidence]
Requisites of ephemeral electronic
communications
1. Proven by the testimony of:
a. A person who was a party to the same; or
b. Has personal knowledge thereof
2. In the absence or unavailability of such
witnesses, other competent evidence may be
admitted. [Sec. 2, Rule 11, Rules on
Electronic Evidence]