2021-2022 LAST MINUTE Handout No.

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1. A single cause of action cannot be split into two or more parts because of the rule against
“splitting a single cause of action.” Thus, an action for unlawful detainer and the recovery
of the unpaid rentals must be covered only by a single complaint which prays for both reliefs.
A separate case for unlawful detainer and another case for the recovery of rentals is “splitting
of a single cause of action.” (Rule 2, Section 4, Rules of Court)

2. Failure to State Cause of Action v. Lack of Cause of Action

Failure to State Cause of Action Lack of Cause of Action

As to How Invoked
Answer as an Affirmative Defense Demurrer to Evidence under Rule 33
As to How Determined
Allegations in the initiatory pleading Based on the evidence presented
As to Relevance of the Truth and Falsity of the Allegations
No relevance Judge has determined the truth and falsity
As to When Presented
Before the beginning of the trial After the plaintiff has rested his case

3. When there is only one plaintiff and one defendant, causes of actions that are not related
to one another or which originate from different transactions may be joined. As long as the
joinder would not include a special civil action or those which are governed by special rules,
joinder can be made. Hence, an action for unlawful detainer, forcible entry, partition, or
foreclosure of real estate mortgage cannot be joined with ordinary civil actions like actions
for a sum of money or for damages. Neither can a special proceeding such as settlement of
estate, guardianship, or habeas corpus, be joined with an ordinary civil action because the
former is governed by a special rule. (Rule 2, Section 5, Rules of Court)

4. When there is plurality of parties (one plaintiff, several defendants; several plaintiffs, one
defendant; or several plaintiffs and several defendants), the joinder can only be allowed if
the cause of action arise out of the same transaction or series of transactions and when a
common question of law or fact arises in the action. Thus, an injured passenger may join
his causes of action for damages against the negligent driver and the common carrier since
the causes of action against the defendants arise out of the same transaction, which is the
carriage of the passenger. (Rule 3, Section 6, Rules of Court)

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5. Indispensable Parties v. Necessary Parties

Indispensable Parties Necessary Parties

As to Definition
Without whom no final determination Ought to be joined if complete relief is to
can be had be accorded
As to Effect on Judgment if Not Impleaded
Any judgment would be null and void The judgment would not resolve the whole
controversy
As to the Court Dismissing the Action
While the failure to implead an Necessary party may be added by order of
indispensable party is not per se a the court, on motion of the party or on its
ground for the dismissal of an action, own initiative at any stage of the action,
considering that said party may still be but the court cannot dismiss the action for
added by order of the court, on motion failure to implead a necessary party. A final
of the party or on its own initiative at decree can be made in their absence
any stage of the action, it remains a without affecting them.
jurisdictional requirement
As to Effect of Failure to Obey Court Order to Implead
Warrants the dismissal of the complaint Shall be deemed waiver of the claim
against such party

6. A class suit is a case where one or more may sue for the benefit of all, or where there is a
common or general interest in the subject matter of the controversy. Thus, there is no class
suit in the following examples: (a) the filing of a class suit against the airline company by
numerous relatives of people who died in a plane crash. There is no class suit because the
interest of one plaintiff is limited to his relative who perished; (b) the filing of a class suit by
numerous people to recover individual lots. There is no class suit because each plaintiff is
interested only in the particular lot he occupies; and (c) the filing of a class suit by numerous
people on account of a libelous article against them. There is no class suit because each
plaintiff is interested only on his own reputation which he does not share with the others.
(Rule 3, Section 12, Rules of Court)

7. In case of any transfer of interest, the action may be continued by or against the original
party, unless the court upon motion directs the person to whom the interest is transferred
to be substituted or joined with the original party. Thus, a transferee pendente lite would

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in any event be bound by the judgment against his predecessor. This would follow even if he
were not formally included as a defendant through an amendment of the complaint. (Rule
3, Section 19, Rules of Court)

8. The agreement must categorically state that the venue specified therein shall be the
exclusive venue. lf the parties intend in their contract that the place specified as the venue
of all suits is exclusive, they must state in a categorical and suitable limiting language, that
they wish the venue of all actions between them to be laid only and exclusively at a definite
place, otherwise it is permissive and only complementary to Rule 4 (Rule 4, Section 4, Rules
of Court).

9. To be a compulsory counterclaim, it must be a claim that has a connection with the

transaction that is the subject matter of the claim and the parties are within the jurisdiction
of the court. Thus, a claim for damages arising out of the alleged baseless complaint, a claim
for recovery of an excess payment in action to recover the alleged deficiency, and a claim for
reimbursement for necessary expenses in an action for ejectment, should be set up in their
respective Answers; otherwise, they shall be barred. (Rule 6, Section 7, Rules of Court)

10. Compulsory Counterclaim v. Permissive Counterclaim

Compulsory Counterclaim Permissive Counterclaim

As to Basis
One which arises out or is necessarily Does not arise out of nor is it necessarily
connected with the transaction or connected with the subject matter of the
occurrence that is the subject matter of opposing party’s claim
the opposing party’s claim
As to Effect of Failure to Set Up the Counterclaim
It is barred if not set up in the action. It is not barred even if not set up in the
This is also known as a “set-off.” action. This is also known as “recoupment.”
As to Kind of Pleading
Not an initiatory pleading Considered an initiatory pleading
As to Necessity of a Certification Against Forum Shopping
Does not require the certification Should be accompanied by the certification
mentioned because it is not initiatory in mentioned as well as a certificate to file
character action, whenever required by law

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As to Effect of Failure to Answer

Failure to answer of the compulsory Must be answered by the party against
counterclaim is not a ground for whom it is interposed, otherwise, he may
declaration of default be declared in default as to the
counterclaim

11. Rules on Defendant’s Failure to File an Answer

General Rule: The plaintiff must file a motion to declare defendant in default. Otherwise, the
case will not move and may be dismissed for failure to prosecute for an unreasonable length
of time. (Rule 9, Section 3, Rules of Court)
Exceptions:
a. Environmental Cases – the court shall declare defendant in default and upon motion
of plaintiff, shall receive evidence ex parte (Rule of Procedure on Environmental Cases,
Rule 2, Sec. 15).
b. Summary Procedure – the court, motu proprio, or on motion of plaintiff, shall render
judgment as may be warranted by the facts (Fairland Knitcraft Corp. v. Po, 2016).
c. Small Claims – court shall render judgment on the same day as may be warranted by
the facts (Revised Rules on Small Claims Cases, Sec. 14).
d. Writ of Amparo and Habeas Data – the court shall proceed to hear the petition ex
parte (Rule on the Writ of Amparo, Sec. 12; Rule on the Writ of Habeas Data, Sec. 14).

12. An amendment of pleading after a responsive pleading has been served shall be refused if
such was made with intent to confer jurisdiction on the court or the pleading stated no
cause of action from the beginning. Hence, if there is no cause of action when the complaint
was filed as when an action for collection of sum of money was filed before the note matures,
there can be no amendment even if the cause of action arises after the complaint is filed.
(Rule 10, Section 3, Rules of Court)

13. Substituted service of summons may be effected if, for justifiable causes, the defendant
cannot be served personally after at least three (3) attempts on two (2) separate dates.
Summons may be served upon: (Rule 14, Section 6, Rules of Court)
i. Residence – 18 years of age and of sufficient discretion residing therein
ii. Office – competent person in charge or one who customarily receives correspondences
iii. Building – any officer of association or its chief security officer in charge
iv. Email – sending an email to defendant’s email address, if allowed by the court

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14. Litigious v. Non-Litigious Motions

Litigious Motion Non-Litigious Motion

As to Nature
Motions which prejudice the rights of Motions which the court may act upon
adverse parties without prejudicing the rights of adverse
parties
As to Requirement of Hearing
No hearing, unless set by the court No hearing. Resolve by court within 5 days
As to Filing of Opposition
Within 5 days from receipt No opposition
As to Examples
1. Motion for bill of particulars 1. Motion for the issuance of an alias
2. Motion to dismiss summons
3. Motion for new trial 2. Motion for extension to file answer
4. Motion for reconsideration 3. Motion for postponement
5. Motion for execution pending 4. Motion for the issuance of a writ of
appeal execution
6. Motion to amend after a 5. Motion for the issuance of an alias writ
responsive pleading has been filed of execution
7. Motion to cancel statutory lien 6. Motion for the issuance of a writ of
8. Motion for an order to break in or possession
for a writ of demolition 7. Motion for the issuance of an order
9. Motion for intervention directing the sheriff to execute the final
10. Motion for judgment on the certificate of sale
pleadings 8. Other similar motions
11. Motion for summary judgment
12. Demurrer to evidence
13. Motion to declare defendant in
default
14. Other similar motions

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15. Prohibited Motions and their Exceptions

Prohibited Motion Exception

1. Motion to Dismiss a. No jurisdiction over the subject matter

b. Litis Pendentia

c. Res Judicata

d. Prescription

Note: These are the same grounds when the court can motu
proprio dismiss the case even though not pleaded

Additional ground: No jurisdiction over the person (Rule 14,

Section 23). But inclusion of other grounds deemed
voluntary appearance.

2. Motion to hear Motion to resolve affirmative defenses

affirmative defenses

3. Motion for No exception; proceed to trial

reconsideration of the
court’s action on the
affirmative defenses

4. Motion to suspend a. Temporary restraining order issued by a higher court

proceedings
b. Injunction issued by a higher court

5. Motion for extension Motion for extension to file answer, answer to amended
of time complaint, answer to counterclaim/crossclaim, reply,
answer to supplemental complaint, answer to third-party
complaint

6. Motion for a. Acts of God

postponement
b. Force Majeure

c. Physical Inability of the witness

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16. A pre-trial is mandatory in a civil case and in a criminal case. While the possibility of an
amicable settlement is one of the purposes of a pre-trial in a civil case, it is not one of the
purposes of a pre-trial in a criminal case. In civil case, a notice of pre-trial shall be issued by
the branch clerk of court within 5 days from filing of the last responsive pleading. The pre-
trial shall include the period for Court-Annexed Mediation (CAM), which shall not exceed 30
days, and the period for Judicial Dispute Resolution (JDR), which shall not exceed 15 days
from notice of failure of CAM. (Rule 18, Sections 1, 8, and 9, Rules of Court)

17. The plaintiff and the defendant and their respective counsels should appear in the pre-
trial; otherwise, there will be consequences. The failure of the plaintiff to appear when so
required shall be cause for the dismissal of the action with prejudice, unless otherwise
ordered by the court. If the defendant fails to appear, the court has reason to allow the
plaintiff to present his evidence ex parte. The court shall render judgment based on the
evidence presented even if what is received is more than what is prayed for in the complaint.
(Rule 18, Section 5, Rules of Court)

18. Complaint in Intervention v. Third-Party Complaint

Complaint in Intervention Third-Party Complaint

As to Who Initiates the Complaint
Filed by stranger to the action to be Filed by an original party to the case to
made a party therein join the third person in the action
As to Purpose
The intervenor may intervene in the case For contribution, indemnification, or
for his sole benefit and interest subrogation

19. Rule on the Use of Depositions

General Rule: Depositions are made available to the parties as a means of informing
themselves of all the relevant facts. They are generally not meant to be a substitute for the
actual testimony in open court of a party or witness.

Exceptions: The deposition of a witness may substitute for actual testimony in court when:
a. Witness is dead
b. Witness resides more than 100 km. from the place of trial or hearing
c. Witness is out of the Philippines, unless it appears that his absence was procured by the
party offering the deposition

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d. Witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment

e. Unable to procure the attendance of the witness by subpoena
f. Exceptional circumstances exist (Rule 23, Section 4[c], Rules of Court)

20. A party failing to file and serve upon the adverse party written interrogatories to elicit
material and relevant facts cannot later on compel the adverse party to testify in court as
an adverse witness or to give deposition pending appeal. The party served with written
interrogatories has an obligation to answer the same fully in writing; otherwise, the court,
on motion and notice, may strike out all or any part of the pleading of the party, or dismiss
the action or proceeding or any part thereof, or enter judgment by default against that party.
(Rule 25, Section 6; Rule 29, Section 3, Rules of Court)

21. Instances where the Court of Appeals may act as a trial court
a. In annulment of judgment (Rule 47, Sections 5 and 6, Rules of Court)
b. Necessary to resolve factual issues – in civil or criminal cases (Rule 46, Section 6; Rule
124; Section 12, Rules of Court)
c. In a petition for the writs of Amparo, Habeas Data, and Habeas Corpus (A.M. No. 07-9-
12-SC, Section 12; A.M. No. 08-1-16-SC, Section 6; Rule 102, Section 12, Rules of Court)

22. Demurrer to Evidence in Civil Case v. Demurrer to Evidence in Criminal Case

Civil Cases Criminal Cases

As to Necessity of Leave of Court
Defendant need not ask for leave of court May be filed with or without leave of court
As to Effect of Grant of Demurrer
Dismisses the complaint Acquits the accused
As to Effect of Grant of Appeal
Defendant already loses his right to Not appealable; Double jeopardy sets-in
present evidence
As to Effect of Denial

a. If with leave, accused may present his

evidence.
Defendant will present his evidence b. If without leave, accused can no longer
present his evidence and the court
decides based on the prosecution’s
evidence
As to Propriety of Motu Proprio Dismissal

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Civil Cases Criminal Cases

Court CANNOT dismiss the case motu Court CAN dismiss the action motu proprio
proprio after the plaintiff rests its case. It after giving the prosecution the chance to
requires demurrer by the defendant present its evidence

23. There could be a judgment even without a trial as when the court renders a judgment on
the pleadings, summary judgment, or judgment upon a compromise. Dismissals with
prejudice upon a motion to dismiss or affirmative defense based on the grounds of res
judicata, prescription, extinguishment of obligation, unenforceability under the statute of
frauds, or non-appearance of plaintiff in the pre-trial also amount to a judgment without a
trial. (Rule 15, Section 13; Rule 18, Section 5, Rules of Court)

24. Judgment on the Pleadings v. Summary Judgment v. Judgment by Default

Judgment on the Pleadings Summary Judgment Judgment by Default

(Rule 34) (Rule 35) (Rule 9)
As to Whom Available
Generally available only to Available to both plaintiff and Available to plaintiff
plaintiff, unless the defendant
defendant presents a
counterclaim
As to the Issue Tendered
The answer fails to tender There is no genuine issue No issue as no answer
an issue or admits the between the parties, i.e., is filed by the
material allegations of the there may be issues, but defending party
adverse party’s pleadings these are irrelevant such as
the amount of damages
As to Being a Judgment on the Merits
On the merits May be interlocutory as in the On the merits
case of partial summary
judgment or on the merits
As to Filing of an Answer
There is already an answer If filed by plaintiff, it must be There is no answer
filed filed at any time after an filed
answer is served. If filed by

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defendant, it may be filed at

any time even before there is
an answer

25. Doctrine of Immutability or Finality of Judgment

General Rule: A decision that has acquired finality becomes immutable and unalterable, and
may no longer be modified in any respect, even if the modification is meant to correct
erroneous conclusions of fact and law, and whether it be made by the court that rendered it
or by the Highest Court of the land.

Exceptions:
a. Void judgments
b. Circumstances transpire rendering its execution unjust and inequitable
c. Judgment nunc pro tunc (“now for then”) entries which cause no prejudice to any party
d. Correction of clerical errors

26. Motion for Reconsideration v. Motion for New Trial

Motion for Reconsideration Motion for New Trial

As to Grounds
1. Damages awarded are excessive 1. Fraud, accident, mistake, or excusable
2. Evidence is insufficient to justify the negligence
decision or final order 2. Newly discovered evidence which could
3. It is contrary to law not, with reasonable diligence, have been
discovered and produced at the trail, and
which if presented would probably alter
the result
As to Rule on Second Motion
Second motion from the same party is Second motion may be allowed so long as
prohibited based on grounds not existing or available
at the time the first motion was made

As to Effect of Granting
The court may amend such judgment or The original judgment or final order is
final order accordingly vacated and the case will be tried anew
As to When Available

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Available in both trial and appellate Available even on appeal but only on the
courts ground of newly discovered evidence
As to When Not Allowed
Both are prohibited motions under Summary Procedure and Small Claims

27. Post-judgment remedies include: 1) a motion for reconsideration, 2) a motion for new trial,
or 3) appeal, if the judgment has not yet become final and executory, and 4) petition for
relief from judgment, or 5) annulment of judgment, if the judgment becomes final and
executory. When the order of the court is not appealable, the remedy is the appropriate
special civil action in Rule 65. (Rule 37, Rule 38, Rule 40, Rule 47, Rule 65, Rules of Court)

28. Petition for Relief from Judgment v. Motion for Reconsideration or New Trial

Petition for Relief from Judgment Motion for Reconsideration or New Trial
As to When Available
Available after judgment has become Available before judgment becomes final
final and executory and executory
As to Application
Applies to judgments, final orders, and Applies to judgments or final orders only
other proceedings such as land
registration or special proceedings
As to Grounds
Fraud, accident, mistake, or excusable Fraud, accident, mistake, or excusable
negligence negligence and newly discovered evidence
As to When Filed
Filed within 60 days from knowledge of Filed within the time to appeal
the judgment and within 6 months from
entry of judgment
As to Effect of Denial
The order denying the petition is not The order denying the motion is not
appealable; the remedy is Rule 65 appealable; the remedy is appeal from
judgment

29. Remedies of a Third-Party Claimant over Property Subject to a Writ of Execution

a. Summary hearing before the court which authorized the execution
b. Terceria or third-party claim filed with the sheriff

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c. Action for damages on the bond posted by judgment creditors

d. Independent Reinvindicatory action

30. Judgments Not Stayed by Appeal

General Rule: Judgment is stayed by appeal
Exceptions: Instances when judgment is immediately executory
a. Injunction
b. Receivership
c. Accounting
d. Support
e. Such other judgments declared to be immediately executory unless otherwise ordered
by the trial court (e.g., judgment in forcible entry or unlawful detainer in favor of plaintiff)

31. Application of the Fresh Period Rule

When Applicable When Not Applicable

a. Rule 40 - Appeals from the MTC to RTC a. Rule 64 – Petition for Certiorari as to
b. Rule 41 - Appeals from the RTC to CA COMELEC and Commission on Audit
c. Rule 42 - Petitions for Review from RTC to the SC
(exercising appellate jurisdiction) to CA b. Rule 65 – Petition for Certiorari from
d. Rule 43 - Appeals from Quasi-judicial lower court to higher court
agencies, CSC, Ombudsman observing the doctrine of hierarchy
(administrative case - penalty imposed of courts; from NLRC to CA; from
is other than light penalty) to the CA Ombudsman (criminal case) to SC
e. Rule 45 - Appeals by Certiorari from RTC c. Administrative Appeals (e.g., HLURB
(exercising original jurisdiction), CA, to the Office of President)
Sandiganbayan, CTA to the SC
f. Appeals in criminal cases

32. For fraud to become a basis for annulment of judgment, it must be extrinsic or actual. It is
intrinsic when the fraudulent acts pertain to an issue involved in the original action or where
the acts constituting the fraud were or could have been litigated. It is extrinsic or collateral
when a litigant commits acts outside of the trial which prevents a party from having a real
contest, or from presenting all his case, such that there is no fair submission of the
controversy. (Rule 47, Section 2, Rules of Court)

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33. Petition for Certiorari v. Appeal by Certiorari

Petition for Certiorari Appeal by Certiorari

(Rule 65) (Rule 45)
As to Issues Involved
Jurisdictional issues, i.e., whether there Issues raised are purely of law
is grave abuse of discretion
As to Jurisdiction Exercised
Court is exercising original jurisdiction Court is exercising appellate jurisdiction
As to Where Filed
The appropriate court with jurisdiction Supreme Court
over the lower court or tribunal
As to Pre-Condition
Motion for Reconsideration is necessary No need for a Motion for Reconsideration
As to Time of Filing
Filed not later than 60 days from notice Filed within 15 days from notice
As to Parties
Tribunal, board, or officer must be Lower court or judge shall not be
impleaded as a nominal party impleaded
As to Stay of Execution
The challenged proceeding is not stayed Appeal stays the judgment, final order, or
unless the court issues Temporary resolution
Restraining Order or Writ of Injunction
As to Stage of Proceedings
May be availed of during the pendency of May be availed only after final judgment
the case to assail an interlocutory order

34. Petitions for certiorari or prohibition are appropriate remedies to raise constitutional
issues and to review or prohibit or nullify the acts of legislative and executive officials. This
is application is expressly authorized under Article 8, Section 1 of the Constitution, which
provides that “judicial power includes the duty of court justices to settle actual controversies
involving rights which are legally demandable and enforceable and to determine whether or
not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the government.” (Article 8, Section 1,
Constitution)

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35. There is no double jeopardy when certiorari is filed to review the acquittal of an accused.
A judgment of acquittal may be assailed through a petition for certiorari under Rule 65 of
the Rules of Court showing that the lower court, in acquitting the accused, committed not
merely reversible errors of judgment, but also exercised grave abuse of discretion amounting
to lack or excess of jurisdiction, or a denial of due process, thereby rendering the assailed
judgment null and void. (Rule 65, Section 1, Rules of Court)

36. Quo Warranto under Rule 66 v. Quo Warranto under the Omnibus Election Code

Quo Warranto under Rule 66 Quo Warranto under OEC

As to Applicability
Appointive office Elective Office
As to Issues
Validity of appointment Eligibility or disloyalty to the Republic
As to Effects
Oust the person illegally appointed and Unseat respondent and petitioner may be
order the seating of the person entitled declared the rightful occupant if he
received the 2nd highest number of votes
As to Prescriptive Period
Must be filed within 1 year from the Must be filed within 10 days from
right to hold the office arose proclamation of the results of election
As to Who May File
Person claiming to be entitled to office Any voter even if he is not entitled to the
and would assume if action succeeds office
As to Jurisdiction
Brought in the SC, CA, or RTC as well as in Brought in the COMELEC, RTC, or MTC
the Sandiganbayan in aid of its appellate
jurisdiction

37. Guidelines for Expropriation Proceedings

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:

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(1) 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
(2) The replacement cost at current market value of the improvements and structures
(3) The current market value of crops and trees located within the property
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. (Republic Act No. 10752, Section 6)

38. Habeas corpus is the proper remedy for a person deprived of liberty, or by which the rightful
custody of any person is withheld from the person entitled thereto. (Rule 102, Section 1,
Rules of Court)
Examples:
a. Deprivation of Liberty of Abode
b. Mistaken Identity
c. Post-Conviction Remedy
i. No Jurisdiction
ii. Excessive Penalty
iii. Deprivation of Constitutional Right

39. Writ of Habeas Corpus v. Writ of Amparo v. Writ of Habeas Data

Writ of Habeas Corpus Writ of Amparo Writ of Habeas Data

As to Coverage
Right to liberty and rightful Right to life, liberty, and
custody by the aggrieved security of the aggrieved
party party and covers
extrajudicial killings and
enforced disappearances
As to Rights Violated
An actual violation of right An actual or threatened
violation of right
As to Respondent
Respondent may or may not Respondent is a public
be an officer official or employee or a
private individual or entity
Right to Privacy in life,
liberty, or security of
the aggrieved party
An actual or threatened
violation of right
Respondent is engaged
in the gathering,
collecting, or storing of
data or information

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As to Availability of Interim Reliefs

Order for the safe keeping of Temporary protection Not applicable
the person imprisoned or order, inspection order,
restrained as the nature of production order, and
the case requires witness protection order
As to Filing of Appeal
Filed with SC under Rule 45 Filed with SC under Rule 45 Filed with SC under Rule
and within 48 hours from and within 5 working days 45 and within 5 working
notice from notice days from notice

40. Requisites for the Issuance of Writ of Kalikasan

(1) An actual or threatened violation of the right to a balanced and healthful ecology
(2) Arises from an unlawful act or omission of a public or private individual or entity
(3) Involves or will lead to an environmental damage of such magnitude as to prejudice the
life, health, or property of inhabitants in two or more cities or provinces. (Rule 7, Section 1,
Rules of Procedure for Environmental Cases)

41. Rules on Amendment of Complaint or Information

a. Before the plea – without leave of court

Exception: Downgrades the nature of the offense charged OR excludes any accused from
the complaint or information
i. Motion by the Prosecutor
ii. Notice to the offended party
iii. Leave of court
b. After the plea – only formal amendment provided that:
i. Leave of court; and
ii. Not prejudicial to the accused (Rule 110, Section 14, Rules of Court)

42. Effect of Death on Civil Actions

Time of Death Effect

Before arraignment Case shall be dismissed, without prejudice to any civil
action the offended party may file against the estate
of the deceased
After arraignment and Civil liability arising from delict shall be extinguished
during the pendency of the
criminal action

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During appeal Civil and criminal liabilities are extinguished

After final judgment Pecuniary liabilities of the accused are not
extinguished. Claims shall be filed against the estate of
the accused under Rule 86, Rules of Court

43. In case of acquittal, the accused may still be adjudged civilly liable unless there is a finding
in a final judgment in the criminal action that the act or omission from which the civil
liability may arise did not exist. The extinction of the penal action does not carry with it the
extinction of the civil action where:
a. Acquittal is based on reasonable doubt as only preponderance of evidence is required
b. The court declares that the liability of the accused is only civil
c. The civil liability of the accused does not arise from or is not based upon the crime of
which the accused was acquitted. (Rule 111, Section 2, Rules of Court)

44. There is prejudicial question when the previously instituted civil action involves an issue
similar or intimately related to the issue raised in the subsequent criminal action and the
resolution of such issue determines whether the criminal action may proceed. Thus, if the
signatures in the Deed of Sale are proven to be genuine, then the accused would be innocent
of the crime charged of falsification. The issue of genuineness of signature is, therefore, a
prejudicial question to the crime of falsification. (Rule 111, Section 7, Rules of Court)

45. Preliminary Investigation v. Preliminary Examination/Inquiry

Preliminary Investigation Preliminary Examination/Inquiry

As to Purpose
To ascertain whether there exists To determine probable cause for the
sufficient ground to engender a well- issuance of a warrant of arrest
founded belief that a crime has been
committed and that the respondent is
probably guilty thereof, and should be
held for trial
As to Who May Conduct
By the Prosecutor By the Judge
As to Nature
Executive in nature Judicial in nature

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46. Lawful Warrantless Arrest:

a. In flagrante delicto - When, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense
b. Hot pursuit - When an offense has just been committed, and he has probable cause to
believe based on personal knowledge of facts or circumstances that the person to be
arrested has committed it
c. When the person to be arrested is a prisoner who has escaped
d. When a person lawfully arrested escapes or is rescued, any person may immediately
pursue or retake him
e. For the purpose of surrendering the accused, the bondsmen may arrest him
f. An accused released on bail attempts to depart from the Philippines without permission
from the court. (Rule 113, Sections 5 and 13; Rule 114, Section 23, Rules of Court)

47. Even where there is no petition for bail in a criminal action for murder and even where the
public prosecutor recommended bail, a hearing upon notice before grant of bail, whether
bail is a matter of right or discretion should still be held. This hearing is separate and distinct
from the initial hearing to determine the existence of probable cause. The prosecution must
be given a chance to show the strength of its evidence; otherwise, a violation of due process
occurs. (Rule 114, Section 8, Rules of Court)

48. An accused may altogether refuse to take the witness stand and refuse to answer any and
all questions. The ordinary witness may be compelled to take the witness stand and claim
the privilege as each question requiring an incriminating answer is shot at him. (Rule 115,
Section 1, Rules of Court)

49. Rules on Motion to Quash

General Rule: Failure of the accused to assert any ground of a motion to quash before he
pleads to the complaint or information shall be deemed a waiver of any objections

Exceptions: Failure to assert does not amount to waiver:

1. Facts charge do not constitute an offense
2. Court trying the case has no jurisdiction over the offense charged
3. Criminal action or liability has been extinguished
4. Accused has been previously convicted or acquitted of the offense charged, or the case
against him was dismissed or otherwise terminated without his express consent (Rule
117, Section 9, Rules of Court)

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50. Denial of Motion to Quash v. Granting of Motion to Quash

Denial of Motion to Quash Granting of Motion to Quash

As to Nature
Interlocutory Order Final Order
As to the Remedy of Appeal
Not appealable absent a showing of Immediately appealable but subject to
grave abuse of discretion. The remedy is double jeopardy rule
to appeal after the trial
As to the Consequence
Arraignment of the accused Amendment of information, if practicable

51. Non-compliance with Chain of Custody Rule does not render an accused's arrest illegal or
the items seized/confiscated inadmissible. What is essential is:
a. There is justifiable ground; and
b. The integrity and the evidentiary value of the seized items are preserved (Republic Act
No. 10640, Section 21).

52. Evidence in Criminal Case v. Evidence in Civil Case

Evidence in Criminal Case Evidence in Civil Case

As to Quantum of Proof
Guilt beyond reasonable doubt Preponderance of evidence
As to Offer of Compromise
General Rule: Implied admission of guilt Not an admission of liability and is not
Exceptions: (1) Involving quasi-offenses admissible in evidence against the offeror
(2) Allowed by law to be compromised
As to General Denial
General denial is allowed General denial is not allowed
As to Withdrawal of Plea or Admission
Not admissible in evidence Becomes extrajudicial admission
As to Compulsion of Witness
The accused cannot be compelled to be A defendant may be compelled to be a
a witness witness provided written interrogatories
and request for admission have been
served upon him.

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53. The Best Evidence Rule (now the Original Document Rule) applies only when the terms of
writing are in issue. When the evidence sought to be introduced concerns external facts,
such as the existence, execution, or delivery of the writing, without reference to its terms,
the rule cannot be invoked. In such a case, secondary evidence may be admitted even
without accounting for the original. (Rule 130, Section 3, Rules of Court)

54. Original Document Rule v. Parol Evidence Rule

Original Document Rule Parol Evidence Rule

As to Availability of Original Document

1. Establishes a preference for the original Presupposes the original is available
document over secondary evidence
As to What the Rule Prohibits
2. Precludes the admission of secondary Precludes the admission of other evidence to
evidence if the original document is prove the terms of a document other than
available the contents of the document itself
As to Who may Invoke the Rule
3. Can be invoked by any litigant to an Can be invoked only by the parties to the
action whether said litigant is a party document and their successors in interest.
to the document involved
As to its Applicability
Applies to all forms of writing Applies only to written contracts and wills

55. The court shall consider no evidence which has not been formally offered. Its function is to
enable the trial judge to know the purpose or purposes for which the proponent is presenting
the evidence. The above rule is relaxed where two requisites concur:
a. The evidence was duly identified by testimony duly recorded; and
b. The evidence was incorporated in the records at the case (Rule 132, Section 34, Rules
of Court)

56. Jurisdiction of Small Claims Cases

Small claims cases/civil claims which are exclusively for the payment of a sum of money not
exceeding P400,000 for the MeTCs and P300,000 for the MTCCs, MTCs, and MCTCs, exclusive
of interest and costs, and that are purely civil in nature where the claim or relief prayed for
by the plaintiff is solely for payment or reimbursement of sum of money. The claim or

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demand may be: 1. for money owed under contracts of Lease, Loan, Services, Sale,
Mortgage; 2. for liquidated damages arising from contracts; and 3. the enforcement of a
barangay amicable settlement or an arbitration award involving a money claim covered by
Section 417 of this Rule. (Section 5, Rules of Procedure for Small Claims, as amended)

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