Centro Escolar University

SCHOOL OF LAW AND JURISPRUDENCE

No. 259 Senator Gil Puyat Avenue, Makati City
Telefax No. 88467491/ Tel. Nos. 88467490 / 88897491 loc. 134
Email Address – ceulawschool@ceu.edu.ph

Pink Tips

Civil Law

1. On Article 53 of the Civil Code. A subsequent marriage by a person or persons who obtained a
declaration of nullity of their previous marriage but failed to distribute their children’s presumptive
legitimes is VOID under Art. 53 of the Civil Code.
2. On Divorce. When the parties to a marriage are former Filipinos but one of them later gets
naturalized in another country and then validly obtains a divorce thereat, Art 26 par. 2 applies. The
Filipino spouse may seek a court decree allowing him to remarry provided he is able to prove the
authenticity of the divorce obtained abroad; the existence of the law allowing divorce in that country as
certified to by the custodian of the laws in that country. (Republic v. Orbecido III, GR no. 15438, October
2005)
3. On Legal Interest in the recognition of a divorce decree. A Filipino citizen (Marinay) obtained a
divorce in Japan from her second husband (Maekara) on the ground that such second marriage was
bigamous. The first husband, Fujiki, may petition the Philippine court to recognize the divorce obtained
by his wife, Marinay, from Maekara under Rule 108. He has the legal personality to do so because he has
a legal interest on the recognition of divorce even if he was not a party to it since it will affirm his status
as still being married to Marinay. (Fujiki v. Marinay GR no 196049, June 2013)
4. On pure co-ownership under Art. 147 of the Family Code. “If a man and a woman who ARE
CAPACITATED TO MARRY live together without the benefit of marriage or under a void marriage,
their wages shall be owned by them in equal shares and the properties they acquire together shall be
governed by the rules on co-ownership.” This is true even if the contribution of one only consists in the
care and maintenance of the family. NOTE: However, if only one of the parties to a marriage that is later
declared void, is in good faith, the share of the party in bad faith in the co-ownership shall be forfeited
in favor of their common children. This means, the party in bad faith knew of the defect in the marriage
or gave cause to the declaration of nullity of the marriage. If there are no common children, the share of
the spouse in bad faith shall go to his descendants. If no descendants, it will go to the innocent spouse.
5. On Article 148 of the Family Code regarding incomplete co-ownership. In case the cohabitation
does not fall under circumstances as above, only the properties the parties actually acquired through
their contributions shall be owned by them in common, in proportion to their respective contributions.
If one of the parties is still valid.ly married to another, his share shall accrue to the community of property
of his still valid and subsisting marriage. If the party who acted in bad faith is not married, then his share
shall be forfeited as explained in the last paragraph above.
6. On the form and substance of wills and joint wills. The form and solemnities of a Will are
governed by the law of the country where it is executed. If valid with respect to form and solemnities in
another country, it will also be valid in the Philippines. However, with respect to substance, the law of
the country where the Testator is a citizen of, governs. Joint Wills executed by Filipinos in a country
where joint wills are valid will still NOT BE VALID in the Philippines as it is expressly prohibited by our
laws.

1
7. On the Iron Curtain Rule. Illegitimate children may not inherit by right of representation from
the legitimate father of his illegitimate father nor inherit from the legitimate children of his Illegitimate
father. In the same way, the legitimate children and legitimate father of his illegitimate father may not
inherit from an illegitimate child.
8. On agency coupled with interest. In an agency coupled with interest, the principal cannot
unilaterally revoke the agency because it is in the nature of a bilateral agreement where each party has
agreed to perform or deliver something to the other.
9. On contracts of sale. Contracts are perfected by the meeting of the minds of the parties. However,
a contract of sale is not deemed completed or consummated until payment on the part of the buyer is
made and delivery or traditio on the part of the Seller is done.
10. On moral damages. A juridical person is not entitled to moral damages because, not being a
natural person, it cannot experience physical suffering or such sentiments as wounded feelings, serious
anxiety, mental anguish or moral shock. It is only when a juridical person has a good reputation that is
debased, resulting in social humiliation, that moral damages may be awarded. (People v. Manero, Jr.,, G.R.
Nos. 86883-85, [January 29, 1993])
11. On exemplary damages. Our jurisprudence sets certain conditions when exemplary damages
may be awarded: First, they may be imposed by way of example or correction only in addition, among
others, to compensatory damages, and cannot be recovered as a matter of right, their determination
depending upon the amount of compensatory damages that may be awarded to the claimant. Second,
the claimant must first establish his right to moral, temperate, liquidated or compensatory damages.
Third, the wrongful act must be accompanied by bad faith, and the award would be allowed only if the
guilty party acted in a wanton, fraudulent, reckless, oppressive or malevolent manner. (Mendoza v.
Spouses Gomez, G.R. No. 160110, [June 18, 2014], 736 PHIL 460-487)
12. On nominal damages. Nominal damages are 'recoverable where a legal right is technically
violated and must be vindicated against an invasion that has produced no actual present loss of any kind
or where there has been a breach of contract and no substantial injury or actual damages whatsoever
have been or can be shown. (Seven Brothers Shipping Corp. v. DMC-Construction Resources, Inc., G.R. No.
193914, [November 26, 2014], 748 PHIL 692-703)
13. On temperate damages. Article 2224 of the New Civil Code, temperate damages may be
recovered when pecuniary loss has been suffered but the amount cannot, from the nature of the case, be
proven with certainty. In such cases, the amount of the award is left to the discretion of the courts,
according to the circumstances of each case, but the same should be reasonable, bearing in mind that
temperate damages should be more than nominal but less than compensatory. (Republic v. Looyuko, G.R.
No. 170966, [June 22, 2016])
14. On liquidated damages. Article 2226. Liquidated damages are those agreed upon by the parties
to a contract, to be paid in case of breach thereof.
15. On the requirements of an easement of right of way:
a. An immovable is surrounded by other immovables belonging to other persons, and is
without adequate outlet to a public highway;
b. Payment of proper indemnity by the owner of the surrounded immovable;
c. The isolation of the immovable is not due to its owner’s acts; and
d. The proposed easement of right of way is established at the point least prejudicial to the
servient estate, and insofar as consistent with this rule, where the distance of the dominant
estate to a public highway may be the shortest. (Reyes v. Valentin , G.R. No. 194488,
[February 11, 2015], 753 PHIL 551-570) LEONEN, J
16. On res nullius. Abandonment requires not only physical relinquishment of the thing but also a
clear intention not to reclaim or reassume ownership or enjoyment thereof. Abandonment which
converts the thing into res nullius, ownership of which may be acquired by occupation, can hardly apply
2
to land, as to which said mode of acquisition is not available (Article 714, Civil Code), let alone to
registered land (Yu v. De Lara, G.R. No. L-16084, [November 30, 1962], 116 PHIL 1105-1108)
17. On interest. Article 1956 of the Civil Code spells out the basic rule that "[n]o interest shall be due
unless it has been expressly stipulated in writing (Spouses Abella v. Spouses Abella, G.R. No. 195166, [July
8, 2015], 763 PHIL 372-397) LEONEN, J
18. On compounding interest. The compounding of interest should be in writing. Article 1956. No
interest shall be due unless it has been expressly stipulated in writing. payment of monetary interest shall
be due only if: (1) there was an express stipulation for the payment of interest; and (2) the agreement for
such payment was reduced in writing. Thus, We have held that collection of interest without any
stipulation thereof in writing is prohibited by law. (Spouses Albos v. Spouses Embisan, G.R. No. 210831,
[November 26, 2014], 748 PHIL 907-920)
19. On capacity. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent
in every natural person and is lost only through death. Capacity to act, which is the power to do acts
with legal effect, is acquired and may be lost. (Article 37, Civil Code)
20. On torts. A perusal of Article 2176 shows that obligations arising from quasi-delicts or tort, also
known as extra-contractual obligations, arise only between parties not otherwise bound by contract,
whether express or implied. In Air France v. Carroscoso (124 Phil. 722), the private respondent was
awarded damages for his unwarranted expulsion from a first-class seat aboard the petitioner airline. It
is noted, however, that the Court referred to the petitioner-airline’s liability as one arising from tort, not
one arising from a contract of carriage. In effect, Air France is authority for the view that liability from
tort may exist even if there is a contract, for the act that breaks the contract may be also a tort. (PBSA v.
CA).
21. On fortuitous events. Jurisprudence defines the elements of a "fortuitous event" as follows: (a)
the cause of the unforeseen and unexpected occurrence, or the failure of the debtors to comply with their
obligations, must have been independent of human will; (b) the event that constituted the caso fortuito
must have been impossible to foresee or, if foreseeable, impossible to avoid; (c) the occurrence must have
been such as to render it impossible for the debtors to fulfill their obligation in a normal manner; and (d)
the obligor must have been free from any participation in the aggravation of the resulting injury to the
creditor. (Lea Mer v. Malayan Insurance)

Commercial Law

1. On the business judgment rule. Questions of policy and management are left to the honest
decision of the officers and directors of a corporation, and the courts are without authority to substitute
their judgment for the judgment of the board of directors. The board is the business manager of the
corporation, and so long as it acts in good faith, its orders are not reviewable by the courts. (Philippine
Stock Exchange, Inc. v. Court of Appeals, G.R. No. 125469, October 27, 1997)
2. On sole corporations. Corporation sole is "one formed by the chief archbishop, bishop, priest,
minister, rabbi or other presiding elder of a religious denomination, sect, or church, for the purpose of
administering or managing, as trustee, the affairs, properties and temporalities of such religious
denomination, sect or church."(Section 108, RA 11232[Revised Corporation Code]; Iglesia Evangelica Metodista
en las Islas Filipinas v. Lazaro, G.R. No. 184088, July 6, 2010)
3. On the doctrine of ultra vires. Corporate acts that are outside those express definitions under the
law or articles of incorporation or those "committed outside the object for which a corporation is created"
are ultra vires. (Section 44, RA 11232[Revised Corporation Code]; University of Mindanao, Inc. v. Bangko
Sentral ng Pilipinas, G.R. Nos. 194964-65, January 11, 2016)

3
4. On intra-corporate disputes. An intra-corporate dispute is understood as a suit arising from
intra-corporate relations or between or among stockholders or between any or all of them and the
corporation. Applying what has come to be known as the relationship test, it has been held that the types
of actions embraced by the foregoing definition include the following suits: (a) between the corporation,
partnership or association and the public; (b) between the corporation, partnership or association and its
stockholders, partners, members, or officers; (c) between the corporation, partnership or association and
the State insofar as its franchise, permit or license to operate is concerned; and, (d) among the
stockholders, partners or associates themselves. (Strategic Alliance Development Corp. v. Star Infrastructure
Development Corp., G.R. No. 187872, November 17, 2010)
5. On the term of protection of copyright. The copyright in works under Sections 172 (Original
Works) and 173 (Derivative Works) shall be protected during the life of the author and for fifty (50) years
after his death. This rule also applies to posthumous works. (Section 213.1, RA 8293 [IP Code]). In case
of works of joint authorship, the economic rights shall be protected during the life of the last surviving
author and for fifty (50) years after his death. (Section 213.2, RA 8293 [IP Code]. In case of works of
applied art the protection shall be for a period of twenty-five (25) years from the date of making. (Section
213.4, RA 8293 [IP Code])
6. On the four factors of fair use. 1) The purpose and character of the use, including whether such
use is of a commercial nature or is for non-profit educational purposes; 2) The nature of the copyrighted
work; 3) The amount and substantiality of the portion used in relation to the copyrighted work as a
whole; and 4) The effect of the use upon the potential market for or value of the copyrighted work [Note:
if considered as fair use, there is no copyright infringement].
7. On the doctrine of first sale. The first sale doctrine provides that an individual who knowingly
purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or
otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner. The right
to distribute ends, however, once the owner has sold that particular copy.
8. On insurable interest. An insurable interest is that interest which a person is deemed to have in
the subject matter insured, where he has a relation or connection with or concern in it, such that the
person will derive pecuniary benefit or advantage from the preservation of the subject matter insured
and will suffer pecuniary loss or damage from its destruction, termination, or injury by the happening
of the event insured against. (Lalican v. Insular Life Assurance Co. Ltd., G.R. No. 183526, August 25, 2009)
9. On who can be insured. Anyone except a public enemy may be insured. (Section 7, RA
10607[Insurance Code])
10. On who are considered information controllers. Personal information controller refers to a
person or organization who controls the collection, holding, processing or use of personal information,
including a person or organization who instructs another person or organization to collect, hold, process,
use, transfer or disclose personal information on his or her behalf. The term excludes: (1) A person or
organization who performs such functions as instructed by another person or organization; and (2) An
individual who collects, holds, processes or uses personal information in connection with the
individual’s personal, family or household affairs. (Section 3(h), RA 10173[Data Privacy Act])
11. On the Doctrine of centralized management. The board of directors or trustees shall exercise the
corporate powers, conduct all business, and control all properties of the corporation. (Section 22, RA
11232)
12. On Stock v. Non-stock corporations. Stock corporations are those corporations which have
capital stock divided into shares and are authorized to distribute to the holders of such shares, dividends,
or allotments of the surplus profits on the basis of the shares held. (Sec. 3, R.A. No. 11232) Non-Stock
Corporation is a corporation where no part of its income is distributable as dividends to its members,
trustees, or officers. (Sec. 86, R.A. No. 11232)

4
13. On the liability of directors. Directors or trustees who willfully and knowingly vote for or assent
to patently unlawful acts of the corporation or who are guilty of gross negligence or bad faith in directing
the affairs of the corporation or acquire any personal or pecuniary interest in conflict with their duty as
such directors or trustees shall be liable jointly and Page 16 of 73 severally for all damages resulting
therefrom suffered by the corporation, its stockholders or members and other persons. A director,
trustee, or officer shall not attempt to acquire, or acquire any interest adverse to the corporation in respect
of any matter which has been reposed in them in confidence, and upon which, equity imposes a disability
upon themselves to deal in their own behalf; otherwise the said director, trustee, or officer shall be liable
as a trustee for the corporation and must account for the profits which otherwise would have accrued to
the corporation. (Section 30, RA 11232[Revised Corporation Code])

Remedial Law

1. On motions to dismiss. Motions to dismiss are prohibited motions except on the following
grounds: a) lack of jurisdiction over the subject matter; b) litis pendentia; and c) that the action is barred
by res judicata or the statute of limitations. (Sec. 12, Rule 15).
2. On Appeals. – A party’s appeal by notice of appeal is deemed perfected as to him upon the
filing of the notice of appeal in due time. A party’s appeal by record on appeal is deemed perfected as to
him with respect to the subject matter thereof upon the approval of the record on appeal filed in due
time. In appeals by notice of appeal, the court loses jurisdiction over the case upon the perfection of the
appeals filed in due time and the expiration of the time to appeal of the other parties. In appeals by record
on appeal, the court loses jurisdiction only over the subject matter thereof upon the approval of the
records on appeal filed in due time and the expiration of the time to appeal of the other parties. In either
case, prior to the transmittal of the original record or the record on appeal, the court may issue orders for
the protection and preservation of the rights of the parties which do not involve any matter litigated by
the appeal, approve compromises, permit appeals of indigent litigants, order execution pending appeal
in accordance with section 2 of Rule 39, and allow withdrawal of the appeal.
3. On certiorari. A Petition for Review on Certiorari is a mode of appeal governed by Rule 45 from
a judgment or final order of the Court of Appeals, the Sandiganbayan, the Court of Tax Appeals, the RTC
or other courts, within fifteen (15) days from notice of the judgment appealed from or of the denial of the
motion for new trial or reconsideration filed in due time, raising only questions of law. (Secs. 1 and 2, Rule
45)
4. On certiorari. A Special Civil Action for Certiorari is governed by Rule 65 and is filed to annul
or modify judgments, orders or resolutions of any tribunal, board, or officer exercising judicial or quasi-
judicial functions which acts without or in excess of jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, and there is no appeal or any plain, speedy and adequate
remedy in the ordinary course of law. The petition shall be filed within sixty (60) days from notice of the
judgment, order or resolution. (Secs. 1 and 4, Rule 65)
5. On annulment. An action for annulment of judgment 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 resorted to in
cases where the ordinary remedies of new trial, appeal, petition for relief from judgment, or other
appropriate remedies are no longer available through no fault of the appellant and is based on only two
grounds: extrinsic fraud, and lack of jurisdiction or denial of due process. (Alaban v. Court of Appeals, G.R.
No. 156021, September 23, 2005.) The remedy cannot be resorted to when the RTC judgment being
questioned was rendered in a criminal case, since Sec. 18, Rule 124 of the Revised Rules of Criminal
Procedure pertaining to suppletory application of certain rules in civil procedure to criminal cases
excludes Rule 47. (People v. Bitanga, G.R. No. 159222, June 26, 2007.)
5
6. On mandamus and quo warranto. Quo warranto vests the title to one's office claimed by
another and has as its object ouster of the holder from its enjoyment, while mandamus avails to enforce
clear legal duties and not to try disputed titles. (Garces v. Court of Appeals, G.R. No. 114795 (Resolution),
July 17, 1996)
7. On the hierarchy of courts. The doctrine of hierarchy of courts dictates that, direct recourse to
the Supreme Court is allowed only to resolve questions of law, notwithstanding the invocation of
paramount or transcendental importance of the action. (Gios-Samar, Inc. v. Department of Transportation
and Communications, G.R. No. 217158, [March 12, 2019])
8. On immediate resort to the Supreme Court. Immediate resort to the Supreme Court may be
allowed when any of the following grounds are present: (1) when genuine issues of constitutionality are
raised that must be addressed immediately; (2) when the case involves transcendental importance; (3)
when the case is novel; (4) when the constitutional issues raised are better decided by this Court; (5) when
time is of the essence; (6) when the subject of review involves acts of a constitutional organ; (7) when
there is no other plain, speedy, adequate remedy in the ordinary course of law; (8) when the petition
includes questions that may affect public welfare, public policy, or demanded by the broader interest of
justice; (9) when the order complained of was a patent nullity; and (10) when the appeal was considered
as an inappropriate remedy. (Aala v. Hon. Rey T. Uy, G.R. No. 202781, January 10, 2017.)
9. On the exhaustion of administrative remedies. Parties are generally precluded from
immediately seeking the intervention of courts when "the law provides for remedies against the action
of an administrative board, body, or officer."
10. On the exhaustion of administrative remedies. The doctrine of exhaustion of administrative
remedies, like the doctrine on hierarchy of courts, is not an iron-clad rule. It admits of several well-
defined exceptions. Province of Zamboanga del Norte v. Court of Appeals has held that the principle of
exhaustion of administrative remedies may be dispensed in the following instances: (1) [W]hen there is
a violation of due process; (2) when the issue involved is purely a legal question; (3) when the
administrative action is patently illegal and amounts to lack or excess of jurisdiction; (4) when there is
estoppel on the part of the administrative agency concerned; (5) when there is irreparable injury; (6)
when the respondent is a department secretary whose acts, as an alter ego of the President, bears the
implied and assumed approval of the latter; (7) when to require exhaustion of administrative remedies
would be unreasonable; (8) when it would amount to a nullification of a claim; (9) when the subject
matter is a private land in land case proceedings; (10) when the rule does not provide a plain, speedy
and adequate remedy; (11) when there are circumstances indicating the urgency of judicial intervention;
and unreasonable delay would greatly prejudice the complainant; (12) when no administrative review is
provided by law; (13) where the rule of qualified political agency applies; and (14) when the issue of non-
exhaustion of administrative remedies has been rendered moot. (Aala v. Hon. Rey T. Uy, G.R. No. 202781,
January 10, 2017.)
11. On habeas data. A writ of habeas data is a remedy available to any persons whose right to
privacy in life, liberty, or security is violated or threatened with violation by unlawful act or omission of
a public official or employee, or of a private individual or entity engaged in the gathering, collecting, or
storing of data or information regarding the person, family, home and correspondence of the aggrieved
party. (Sec. 1, A.M. No. 08-1-16-SC) It does not necessarily mean that the activity must be done in pursuit
of a business. What matters is that the person or entity must be gathering, collecting or storing said data
or information about the aggrieved party or his or her family. Whether such undertaking carries the
element of regularity, as when one pursues a business, and is in the nature of a personal endeavour, for
any other reason or even for no reason at all, is immaterial and such will not prevent the writ from getting
to said person or entity. (Vivares v. St. Theresa's College, G.R. No. 202666, [September 29, 2014], 744 PHIL
451-480)

6
12. On the writ of amparo. A writ of amparo is a remedy available to any person whose right to
life, liberty, and security is violated or threatened with violation by an unlawful act or omission of a
public official or employee, or of a private individual or entity.
13. On the writ of amparo The writ shall cover extralegal killings and enforced disappearances or
threats thereof. (Sec. 1, A.M. No. 07-9-12-SC) it must be shown and proved by substantial evidence that
the disappearance was carried out by, or with the authorization, support or acquiescence of, the State or
a political organization, followed by a refusal to acknowledge the same or give information on the fate
or whereabouts of said missing persons, with the intention of removing them from the protection of the
law for a prolonged period of time. Simply put, the petitioner in an amparo case has the burden of
proving by substantial evidence the indispensable element of government participation. (Spouses
Santiago v. Tulfo, et. al., G.R. No. 205039, October 21, 2015.)
14. On the writ of amparo. The petition may be filed on any day and at any time with the Regional
Trial Court of the place where the threat, act or omission was committed or any of its elements occurred,
or with the Sandiganbayan, the Court of Appeals, the Supreme Court, or any justice of such courts. The
writ shall be enforceable anywhere in the Philippines. (Sec. 3, A.M. 07-9-12-SC).
15. On the writ of habeas corpus. The writ of habeas corpus is a remedy available to any person
who is deprived of liberty by illegal confinement or detention, by which the rightful custody of any
person is withheld from the person entitled thereto. (Sec. 1, Rule 102).
16. On the writ of habeas corpus. If issued by the Supreme Court, or any member thereof, or the
Court of Appeals, or any member thereof, it shall be enforceable anywhere in the Philippines. If granted
by the RTC, it shall be enforceable only within its judicial district. (Sec. 2, Rule 102). The period for appeal
for habeas corpus shall be forty-eight (48) hours from notice of the judgment or final order appealed
from. (Sec. 3, Rule 41)
17. On small claims. The Revised Rules of Procedure for Small Claims Cases govern the procedure
in actions that are purely civil in nature where the claim or relief prayed for by the plaintiff is solely for
payment or reimbursement of sum of money, and the value of the claim does not exceed Four Hundred
Thousand Pesos (Php400,000.00) for Metropolitan Trial Courts, or Three Hundred Thousand Pesos
(Php300,000.00) for Municipal Trial Courts, Municipal Trial Courts in Cities, Municipal Circuit Trial
Courts. The claim or demand may be: (a) For money owed under any of the following: 1. Contract of
Lease; 2. Contract of Loan; 3. Contract of Services; 4. Contract of Sale; or 5. Contract of Mortgage; (b) For
liquidated damages arising from contracts; (c) The enforcement of a barangay amicable settlement or an
arbitration award involving a money claim covered by this Rule pursuant to Sec. 417 of Republic Act
7160, otherwise known as The Local Government Code of 1991. (Secs. 2 and 5, A.M. No. 08-8-7-SC revised
by OCA Circular No. 45-2019).
18. On hearsay rule. Testimony generally confined to personal knowledge; hearsay excluded. — A
witness can testify only to those facts which he knows of his personal knowledge; that is, which are
derived from his own perception, except as otherwise provided in these rules (Section 36, Rule 130, Rules
of Court)
19. On splitting causes of action. A party may not institute more than one suit for a single cause of
action. If two or more suits are instituted on the basis of the same cause of action, the filing of one or the
judgment upon the merits in any one is available as a ground for the dismissal of the action, i.e., litis
pendentia in the former, and res judicata in the latter. (Bank of America vs. American Realty Corporation,
G.R. No. 133876, 29 December 1999)
20. On actionable documents. The admission of the genuineness and due execution of a document
bars any defense relating to the authenticity and due execution of the document, e.g., that the document
was spurious, counterfeit, or of different import on its face as the one executed by the parties; or that the

7
signatures appearing thereon were forgeries; or that the signatures were unauthorized. However, the
failure to deny the genuineness and due execution of an actionable document does not preclude a party
from arguing against it by evidence of fraud, mistake, compromise, payment, statute of limitations,
estoppel and want of consideration. Neither does it bar a party from raising the defense in his answer or
reply and prove at the trial that there is a mistake or imperfection in the writing, or that it does not express
the true agreement of the parties, or that the agreement is invalid or that there is an intrinsic ambiguity
in the writing.” (Republic of the Philippines vs. Court of Appeals, G.R. No. 110020, 25 September 1998)
21. On substituted service of summons. If, for justifiable causes, the defendant cannot be served
personally after at least three (3) attempts on two (2) separate dates, service may be effected: (a) by
leaving copies of the summons at the defendant's residence to a person at least eighteen (18) years of age
and of sufficient discretion residing therein; (b) By leaving copies of the summons at the defendant's
office or regular place of business with some competent person in charge thereof. A competent person
includes, but not limited to, one who customarily receives correspondences for the defendant; (c) by
leaving copies of the summons, if refused entry upon making his or her authority and purpose known,
with any of the officers of the homeowners' association or condominium corporation, or its chief security
officer in charge of the community or the building where the defendant may be found; and (d) by sending
an electronic mail to the defendant's electronic mail address, if allowed by the court. (Section 6, Rule 14,
2019 Amended Rules on Civil Procedure).
22. On failure to appear during pre-trial. The failure of the plaintiff and counsel to appear without
valid cause shall cause the dismissal of the action with prejudice, unless otherwise ordered by the court.
A similar failure on the part of the defendant and counsel shall be cause to allow the plaintiff to present
his or her evidence ex-parte within ten (10) calendar days from termination of pre-trial, and the court to
render judgment on the basis of the evidence offered. [Section 5, Rule 18, 2019 Amended Rules on Civil
Procedure]
23. On failure of the accused to appear during promulgation. Except when the conviction is for a
light offense, in which case the judgment may be pronounced in the presence of the counsel for the
accused or the latter’s representative, the accused is required to be present at the scheduled date of
promulgation of judgment. If the judgment is for conviction and the failure to appear was without
justifiable cause, the accused shall lose the remedies available in the Rules of Court against the judgment.
(Jaylo vs. Sandiganbayan et al.. G.R. Nos 183152-54, 21 January 2015.)
24. On privileged communication. It must be stressed, however, that the privilege against disclosure
of confidential communications or information is limited only to communications which are legitimately
and properly within the scope of a lawful employment of a lawyer. It does not extend to those made in
contemplation of a crime or perpetration of a fraud. (Genato vs. Silipan, A.C. No. 4078, 14 July 2003).
25. On Photocopies. Photocopies of a document are considered original. Under Section 4(b), Rule
130 of the Revised Rules on Evidence, a “duplicate” of an original is a counterpart produced by the same
impression as the original, or from the same matrix, or by means of photography, including enlargements
and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other
equivalent techniques which accurately reproduce the original.

Legal Ethics

1. The Lawyer’s Oath. I, do solemnly swear that I will maintain allegiance to the Republic of the
Philippines, I will support the Constitution and obey the laws as well as the legal orders of the duly
constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not
wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to
the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the
best of my knowledge and discretion, with all good fidelity as well to the courts as to my clients; and I
8
impose upon myself these voluntary obligations without any mental reservation or purpose of evasion.
So help me God.
2. On direct contempt. Direct Contempt is committed when a person is guilty of misbehavior in the
presence of or so near a court as to obstruct or interrupt the proceedings before the same, including
disrespect toward the court, offensive personalities toward others, or refusal to be sworn or to answer as
a witness, or to subscribe an affidavit or deposition when lawfully required to do so. (Baculi v. Belen,
A.M. No. RTJ-09-2176, [April 20, 2009], 604 PHIL 1-13)
3. On Indirect contempt. Indirect Contempt or constructive contempt is that which is committed
out of the presence of the court. Any improper conduct tending, directly or indirectly, to impede,
obstruct, or degrade the administration of justice would constitute indirect contempt. (Baculi v. Belen,
A.M. No. RTJ-09-2176, [April 20, 2009], 604 PHIL 1-13)
4. On advertising. Anent the issue on the validity of the questioned advertisements, the Code of
Professional Responsibility provides that a lawyer in making known his legal services shall use only true,
honest, fair, dignified and objective information or statement of facts. He is not supposed to use or permit
the use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or
claim regarding his qualifications or legal services. The standards of the legal profession condemn the
lawyer's advertisement of his talents. A lawyer cannot, without violating the ethics of his profession,
advertise his talents or skills as in a manner similar to a merchant advertising his goods. The proscription
against advertising of legal services or solicitation of legal business rests on the fundamental postulate
that the practice of law is a profession (Ulep v. Legal Clinic, Inc., B.M. No. 553 (Resolution), [June 17, 1993],
295 PHIL 295-492)
5. Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
6. Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is abusive,
offensive or otherwise improper.
7. Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional employment
of another lawyer, however, it is the right of any lawyer, without fear or favor, to give proper advice and
assistance to those seeking relief against unfaithful or neglectful counsel.
8. Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with persons
not licensed to practice law, except:
1. Where there is a pre-existing agreement with a partner or associate that, upon the latter's
death, money shall be paid over a reasonable period of time to his estate or to persons
specified in the agreement; or
2. Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or
3. Where a lawyer or law firm includes non-lawyer employees in a retirement plan even if
the plan is based in whole or in part, on a profit sharing agreement.

God Speed.
From your CEU SLAJ administration, your professors, and the Bar Ops Academics Team.