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Sources
Rules of Court
Jurisprudence
Criminal Procedure ByRiano
Evidence ByRiano
UST Golden Notes
Judge Marinas’ Class Discussion (Civil Procedure)
Atty. Gayya’s Class Discussion (Remedial Law Review)
Atty. Mangallay’s Class Discussion and Notes (Crim Pro)
Prosecutor Elmer Sagsago’s Class Discussion and Notes (Evidence)
Concept of Justiciability:
Administrative power of the SC over all lower courts and their
personnel / Security of tenure of members of the Judiciary
Justiciable Questions v Political Questions
The Members of the Supreme Court and judges of lower courts shall hold office during good
Justiciable Question
behavior until they reached the age of seventy years or become incapacitated to discharge the
calls upon the duty of the courts to settle actual controversies wherein
duties of their office. The Supreme Court en banc shall have the power to discipline judges of lower there are rights involved which are generally demandable and
courts, or order their dismissal by a vote of a majority of the Members who actually took part in enforceable
the deliberations on the issues in the case and voted thereon. one which is proper to be examined or decided in courts of justice
because its determination would not involve an encroachment upon the
Rule Making Power of the Supreme Court legislative or executive power
Jurisdiction overthe Subject Matter General Rule: No. It is not jurisdictional but the case will be dismissed on the
ground of lack of cause of action. It only renders the action premature.
It is the power to deal with the general subject involved in the action, and means
not simply jurisdiction of the particular case then occupying the attention of the Exception: Before a party may be allowed to invoke the jurisdiction of the courts, he
court but jurisdiction of the class of cases to which the particular case belongs. is expected to have exhausted all means of administrative redress
Jurisdiction, once attached, cannot be ousted by subsequent happenings or events Effect of estoppel on objections to jurisdiction
although of a character which would have prevented jurisdiction from attaching in
the first instance, and the court retains jurisdiction until it finally disposes of the The active participation of a party in a case is tantamount to recognition of that
case. court’s jurisdiction and will bar a party from impugning the court’s jurisdiction.
This only applies to exceptional circumstances.
Exceptions:
1. Where a subsequent statute expressly prohibits the continued exercise Jurisdiction Over The Parties
of jurisdiction;
2. Where the law penalizing an act which is punishable is repealed by a Jurisdiction over the Complainant or Plaintiff:
subsequent law; It is acquired from the moment of filing the complaint, petition or
3. When accused is deprived of his constitutional right such as where the initiatory pleading.
court fails to provide counsel for the accused who is unable to obtain
one and does not intelligently waive his constitutional right; Jurisdiction over the Defendant:
4. Where the statute expressly provides, or is construed to the effect that It is acquired either:
it is intended to operate as to actions pending before its enactment; a. By his voluntary appearance in court and his submission to its authority
5. When the proceedings in the court acquiring jurisdiction is terminated, b. By service of summons
abandoned or declared void; c. Other coercive process upon him
6. Once appeal has been perfected;
7. Curative statutes Note: Jurisdiction over the defendant is not essential in actions in rem or quasi in
rem as long as the court has jurisdiction over the res
Note: Jurisdiction being a matter of substantive law, the established rule is that
statute in force at the time of the commencement of the action determines Jurisdiction Over the Subject Jurisdiction Over the Person
jurisdiction. Matter
Determined by the allegations of Acquired by the filing of the
Objections to jurisdiction over the subject matter; when raised the complaint petition in case of the plaintiff
or by arrest, by valid service of
Effect of lack of jurisdiction over the subject matter: Note: Tenancy relationship is summons or voluntary
the court shall dismiss it not presumed and it is not submission to the court’s
enough that it is alleged. There authority in case of the
The court may on its own initiative object to an erroneous jurisdiction and may ex must be evidence to prove that defendant
meromotu take cognizance of lack of jurisdiction at any point in the case and has a it exists and that all its elements
clearly recognized right to determine its own jurisdiction are established.
2. Public policy
Note: In criminal cases,
jurisdiction over the accused is
One cannot question the jurisdiction which he invoked, not because the decision is
always required
valid and conclusive as an adjudication, but because it cannot be tolerated by
Concurrent is the power of different courts to take cognizance of the same subject
An action in personamis lodged against a person based on personal
matter
liability; an action in rem is directed against the thing itself instead
of the person; while an action quasi in rem names a person as
III. ORIGINAL EXCLUSIVE vs. ORIGINAL CONCURRENT
defendant, but its object is to subject that person's interest in a
property to a corresponding lien or obligation.
IV. GENERAL vs. SPECIAL
The Shari’a District Court or the Shari’a Circuit Court may constitute an Agama
Arbitration Council to settle certain cases amicably and without formal trial. The
Council is composed of the Clerk of Court as Chairperson and a representative of
each of the conflicting parties.
Commencement of Action
Cases Covered by the Rules
A civil action is commenced by the filing of the original complaint in court.
CIVIL ACTIONS: One by which a party sues another for the enforcement or
protection of a right, or the prevention or redress of a wrong.
In case where there are Additional Defendant: If an additional defendant is
impleaded in a later pleading, the action is commenced with regard to him on the
Ordinary Civil Action: Formal demand of one’s legal rights in a court of
date of the filing of such later pleading, irrespective of whether the motion for its
justice in the manner prescribed by the court or by law.
admission, if necessary, is denied by the court.
o Governed by ordinary rules.
Docket Fees:
Provisional Remedies:
1. Preliminary attachment
In Manchester v. Court of Appeals, it was held that a court acquires jurisdiction over
2. Preliminary injunction
any case only upon the payment of the prescribed docket fee.
3. Receivership
4. Replevin
The strict application of thisrule was, however, relaxed two (2) years after in the
5. Support pendente lite
case of Sun Insurance Office, Ltd. v. Asuncion, wherein the Court decreed that where
the initiatory pleading is not accompanied by the payment of the docket fee, the
Special Civil Action: It has special features not found in ordinary civil
court may allow payment of the fee within a reasonable period of time, but in
actions.
no case beyond the applicable prescriptive or reglementary period. This ruling
o It is governed by ordinary rules but subject to specific rules
was made on the premise that the plaintiff had demonstrated his willingness to
prescribed under Rules 62-71.
abide by the rules by paying the additional docket fees required.
Interpleader
Declaratory relief and similar remedies
Review of judgments and final orders or
Concept of Ordinary Civil Action and cause of action
resolutions of the COMELEC and COA
Certiorari, prohibition, mandamus CAUSE OF ACTION: the act or omission by which a party violates the rights of
Quo warranto another
Expropriation
Foreclosure of Real Estate Mortgage Requisites:
Partition 1. The existence of a legal right of the plaintiff
Forcible entry and unlawful detainer 2. A correlative duty of the defendant to respect one’s right
Contempt 3. An act or omission of the defendant in violation of the plaintiff’s right.
CRIMINAL ACTION:One by which the State prosecutes a person for an act or Nature: predicated on substantive law or on quasi-delicts under the NCC
omission punishable by law.
Basis: the allegations of the plaintiff in the complaint
Not affected by affirmative defenses
Basis: the plaintiff’s cause of action b. Personal: Personal property is sought to be recovered or
Affected by affirmative defenses where damages for breach of contract are sought
Founded on privity of contract such as damages,
Note: There is no right of action where there is no cause of action. claims of money, etc.
Failure to state cause of action vs No cause of action Venue: the place where the plaintiff or any of the principal plaintiffs resides or any
of the defendants resides, at the election of the plaintiff
Failure to state cause of action No cause of action in the case of a non-resident defendant, where he may be found
Insufficiency in the allegations Failure to prove or establish by
of the complaint evidence one’s stated cause of III. As to Object
action a. In Personam: A proceeding to enforce personal rights and
Raised in a motion to dismiss Raised in a demurrer to obligations brought against the person
under Rule 16 before a evidence under Rule 33 after the An action to impose a responsibility or liability
responsive pleading is filed plaintiff has rested his case upon a person directly
Determined only from the Resolved only on the basis of Jurisdiction over the person of the defendant is
allegations of the pleading and the evidence he has presented in required
not from evidentiary matters support of his claim Judgment is binding only upon parties impleaded
or their successors-in-interest
Test of the sufficiency of a cause of action: Examples:
1. Action for specific performance
1. Whether or not admitting the facts alleged, the court could render a 2. Action for breach of contract
valid verdict in accordance with the prayer of the complaint 3. Action for ejectment
2. The sufficiency of the statement of cause of action must appear on the 4. Action for a sum of money; for damages
face of the complaint and its existence is only determined by the
allegations of the complaint b. In Rem: A proceeding to subject the property of such persons
to the discharge of the claims assailed.
Note: The truth or falsity of the allegations is beside the point because the A proceeding to determine the state or condition of
allegations in the complaint are hypothetically admitted. Thus a motion to a thing
dismiss on the ground of failure to state a cause of action, hypothetically admits Directed against the thing itself; directed against
the matters alleged in the complaint the whole world
Jurisdiction over the person of the defendant is not
CLASSIFICATION OF CIVIL ACTIONS: required. Jusrisdiction over the RES is required
through publication in a newspaper of general
I. As to Nature circulation.
a. Ordinary – see discussion under ―concept of ordinary civil Examples:
action‖ 1. Probate proceeding
b. Special 2. Cadastral proceeding
3. Land registration proceeding
II. As to Cause or Foundation
a. Real: When it affects title to or possession of a real property, Splitting a single cause of action vs Consolidation of cases vs Severance:
or an interest therein
When it is founded upon the privity of a real SPLITTING: It is the act of instituting two or more suits on the basis of the same
estate. cause of action
SEVERANCE: The court, in furtherance of convenience or to avoid prejudice, may Real actions: proper court which has jurisdiction over the area wherein the real
order a separate trial of any claim, cross-claim, counterclaim or third-party property involved, or a portion thereof is situated
complaint, or any separate issue or of any number of claims, cross-claims, actions affecting title to or possession of real property, forcible entry
counterclaims, third-party complaints or issues. and detainer
Totality Rule: Where there are several claims or causes of actions between the Personal actions: where the plaintiff or any principal plaintiffs resides, or where
same or different parties embodied in one complaint, the amount of the demand the defendant or any of the principal defendants resides
shall be the totality of the claims in all causes of action irrespective of whether the in the case of a non-resident defendant, where he may be found, at the
causes of action arose out of the same or different transaction, the aggregate election of the plaintiff
amount shall determine the jurisdiction of the court
Actions against non-residents: if the action affects the personal status of the
Joinder vs. Misjoinder: plaintiff, or any property of said defendant located in the Philippines, the action
may be commenced and tried in the court of the place where the plaintiff resides,
Rules on proper joinder of action: or where the property or any portion thereof is situated or found
1. Proper joinder of parties
2. Shall not include special civil action or actions governed by special rules When rules are not applicable
3. Rule on venue a. Cases where a specific rule or law provides otherwise
4. Totality Rule b. Where the parties have validly agreed in writing before the filing of the
action on the exclusive venue thereof
PROPER JOINDER OF PARTIES: It is the assertion of as many causes of action a
party may have against another in one pleading alone Filing of Complaint
NON-JOINDER: A party is not joined when he is supposed to be joined but is not COMPLAINT: The complaint is the pleading alleging the plaintiff’s cause or
impleaded in the action. causes of action.
The names and residences of the plaintiff and defendant must be stated
MISJOINDER: A party is misjoined when he is made a party to the action in the complaint.
although he should not be impleaded
The Law on Pleadings
Effect of misjoinder: not a ground for dismissal of an action
A misjoined cause of action may, on motion of a party or on the initiative
Definition of Pleadings
of the court, be severed and proceeded with separately.
Pleadings are the written statements of the respective claims and defenses of the
Note: There is no sanction against a non-joinder of several causes of action since a
parties submitted to the court for appropriate judgment.
plaintiff needs only a single cause of action to maintain an action.
Neither misjoinder and non-joinder of parties is ground for dismissal of
Note: Pleadings cannot be oral because they are clearly described as ―written‖
an action.
statements.
Parties may be dropped or added by order of the court on motion of any
party or on its own initiative at any stage of the action and on such
terms as are just. Parts of a Pleading
PERMISSIVE JOINDER: All persons against whom any right to relief, in respect CAPTION:The caption sets forth
to the same transaction/s, may join as plaintiffs or be joined as defendants in one 1. The name of the court,
complaint, where any question of law or fact common to all such plaintiffs or to all 2. the title of the action, and
such defendants may arise in the action 3. The docket number if assigned.
Verification:
Nature:It is a mandatory requirement in filing a complaint and other initiatory
pleadings asserting a claim or relief
How:It is verified by an affidavit.
1. That the party has not commenced or filed any claim involving the same
Significance of Verification:it is intended to secure an assurance that the allegations in
issues in any court, tribunal, or quasi-judicial agency and, to the best of
a pleading are true and correct and not the product of the imagination or a matter
his knowledge, no such other action or claim is pending
of speculation, and that the pleading is filed in good faith. The absence of a proper
2. That if there is such other pending action or claim, a complete statement
verification is cause to treat the pleading as unsigned and dismissible
of the present status thereof
3. That if he should therefore learn that the same or similar action or claim
Pleadings that should be verified:
has been filed or is pending, he shall report that fact within five days
therefrom to the court wherein his aforesaid complaint or initiatory
1. Petition for relief from judgment
pleading has been filed
2. Petition for review from the RTCs to the CA
3. Petition for review from the CTA and quasi-judicial agencies to the CA
Effects of non-compliance with the rule on certification:It is not curable by mere
4. Appeal by certiorari from the CA to the SC
amendment and shall be a cause for the dismissal of action
5. Petition for annulment of judgments or final orders and resolutions
6. Complaint for injunction
Note: When the case is dismissed due to non-compliance with the certification,
7. Application for appointment of receiver
filing fees cannot be recovered.
8. Application for support pendente lite
9. Petition for certiorari against the judgments, final orders or resolutions
Effects of non-compliance with the undertakings of submission of false certification:It has the
of constitutional commissions
same effect as the submission of false certification. Hence, such failure shall
10. Petition for certiorari, prohibition, mandamus, quo warranto
constitute indirect contempt of court without prejudice to the corresponding
11. Complaint for expropriation
administrative and criminal sanctions.
12. Complaint for forcible entry or unlawful detainer
A: Yes. It is the mayor, not the City Legal Officer, who has the Compulsory Counterclaim Permissive Counterclaim
authority to file suits for the recovery of funds and property on One which arises out of or is It does not arise out of nor is it
behalf of the city even without the prior authorization from the necessarily connected with the necessarily connected with
Sanggunian. Here, Mayor Miguel had the authority to institute the transaction or occurrence that is the subject matter of the
action against RD Corporation. However, being the proper party to the subject matter of the opposing opposing party’s claim
file such suits, Mayor Miguel must necessarily be the one to sign the party’s claim
certification against forum-shopping, and not the City Legal Officer, It does not require for its It may require for its
who, despite being an official of the City, was merely its counsel adjudication the presence of third adjudication the presence of
and not a party to the case (City of Caloocan v. CA, G.R. No. parties of whom the court cannot third parties over whom the
145004, May 3, 2006). acquire jurisdiction court cannot acquire
jurisdiction
Kinds of pleadings Barred if not set up in the action Not barred even if not set up
in the action
1. Complaint Need not be answered; No default Must be answered,:
2. Counterclaim Otherwise, default
3. Cross-claim Not an initiatory pleading. Initiatory pleading.
4. Third party claim Need not be accompanied by a Must be accompanied by a
5. Reply certification against forum certification against forum
6. Answer shopping and certificate to file shopping and whenever
7. Complaint in intervention action by the required by law, also a
LupongTagapamayapa. certificate tofile action by the
COMPLAINT: It is a concise statement of the ultimate facts constituting the LupongTagapamayapa
plaintiff’s cause or causes of action, with a specification of the relief sought, but it The court has jurisdiction to Must be within the
may add a general prayer for such further relief as may be deemed just or equitable. entertain both as to the amount jurisdiction of the court where
and nature the case is pending and
Note: A pleading alleging the plaintiff’s cause or causes of action. The names and cognizable by regular courts of
residences of the plaintiff and defendant must be stated. justice otherwise, defendant
will have to file it in separate
ANSWER: It is the pleading where the defendant sets forth his affirmative or proceeding which requires
negative defenses. It may likewise be the response to a counterclaim or a cross- payment of docket fee
claim.
Note: A plaintiff who fails or who chooses not to answer a compulsory
Note: An answer is a compulsory pleading. This pleading may be an answer to the counterclaim may not be declared in default, principally because the issues raised
complaint, an answer to counter claim or an answer to a cross-claim
COMPLAINT IN INTERVENTION:An intervention pleading filed for the The Rules on Motions
purpose of asserting a claim against either or all of the original parties.
Motions in General
REPLY:
Motion to Dismiss
It is a litigated motion.
If you file a motion to dismiss you waived your right to interpose a
Rules on Amendment of Pleadings
counterclaim. Therefore if you have a counterclaim that is potent do not
file a motion to dismiss, file an answer with counterclaim using your
ground for motion to dismiss as affirmative defenses.
Rules on the filing and service of Pleadings / Judgment / Final
Orders / Resolutions Purpose
Parties to a Civil Action Within the time for but before filing the answer to the complaint or pleading
asserting a claim
Should the case go to trial, the evidence presented during the hearing shall LACK OF JURISDICTION OVER THE SUBJECT
automatically be part of the evidence of the party presenting the same. MATTER OF THE ACTION
Resolution of Motion: After the hearing, the court may: This ground is not waivable. It can be raised anytime on the proceedings.
Dismiss the action or claim
deny the motion, or; Note: Under the law, jurisdiction over the subject matter is conferred by law and
Order the amendment of the pleading. determined by the allegations in the complaint regardless of whether or not the
plaintiff is entitled to recover upon all or some of the claims asserted therein.
Note: The court shall not defer the resolution of the motion for the reason that the
ground relied upon is not indubitable. Exceptions: Estoppel by laches.
Where a party invokes the jurisdiction of a court to obtain affirmative relief, and it
In every case, the resolution shall state clearly and distinctly the reasons therefor. failed, he cannot therefor repudiate such jurisdiction.
Specific Grounds / Effects of grant or denial / Remedies While the issue of jurisdiction may be raised at anytime, he is estopped as it is
tantamount to speculating on the fortunes of litigation.
If the motion is denied: the movant shall file his answer within the balance of the
period to which he was entitled at the time of serving his motion Also where the other party knows the lack of jurisdiction but filed a counterclaim.
o but not less than 5 days in any event
o Computed from his receipt of the notice of the denial. VENUE IMPROPERLY LAID
o Proceed then to trial
NO LEGAL CAPACITY TO SUE
Remedies:
o If decision is adverse, appeal therefrom and raise as error the denial of LITIS PENDENTIA / LIS PENDENS / DOCTRINE OF
the motion to dismiss. AUTERACTION PENDANT
o If there is grave abuse of discretion amounting to lack or excess of
jurisdiction, certiorari or prohibition may lie under Rule 65. Requisites:
o If there is unlawful neglect of the performance of an act which the law a. Identity of the parties
specifically enjoins, mandamus is the proper remedy. b. Identity of rights asserted and reliefs prayed for, being founded on the
same facts
If the pleading is ordered to be amended: he shall file his answer within the c. Identity with respect to the two preceding particulars, such that any
period prescribed judgment that may be rendered in the pending case would amount to
o counted from service of the amended pleading red adjudicate in the other case.
o Unless the court provides a longer period.
ACTION BARRED BY PRIOR JUDGMENT / RES
Effect of dismissal JUDICATA
This ground is waivable especially if there is a voluntary appearance. When: If no motion to dismiss has been filed
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What: any of the grounds for dismissal provided for in this Rule may be pleaded as d. So situated as to be adversely affected by a distribution or
an affirmative defense in the answer other disposition of the property in the custody of the court
or of an officer thereof
Hearing: in the discretion of the court, a preliminary hearing may be had thereon as 3. Intervention will not unduly delay or prejudice the adjudication of the rights
if a motion to dismiss had been filed. of original parties; and
4. Intervenor’s rights may not be fully protected in a separate proceeding
Effect of the Dismissal: shall be without prejudice to the prosecution in the same or
separate action of a counterclaim pleaded in the answer. Legal interest: It must be one that is actual and material, direct and of an
immediate character, not merely contingent or expectant so that the intervenor
Vs. motion to quash in criminal cases will either gain or lose by the direct legal operation of the judgment.
It is a legal proceeding by which a third person is permitted by the court to How: with leave of court
become a party by intervening in a pending action after meeting the conditions
and requirement set by the Rules of Court. What the court will consider:
1. Whether or not the intervention will unduly delay or prejudice the
This person who intervenes is one who is not originally impleaded in the action. adjudication of the rights of the original parties, and
2. Whether or not the intervenor's rights may be fully protected in a
- An intervention should not alter the theory of both parties separate proceeding.
- Never an independent action but ancillary and supplemental to the
existing litigation Time to intervene
- It is merely optional and permissive
May be filed at any time before rendition of judgment by the trial court
Exception:
- When intervention has been allowed and the complaint-in-intervention Intervention after judgment:
has already been filed before plaintiff’s action had been expressly
dismissed General rule: After rendition of judgment, a motion to intervene is barred,
even if the judgment itself recognizes the right of the movant.
Requisites:
1. There must be a motion for intervention filed before rendition of judgment by Exception:
the trial court 1. With respect to indispensable parties, intervention may be allowed even
2. The movant must show in his motion that he has: on appeal;
a. Legal interest in the matter in controversy; 2. When the intervenor is the Republic;
b. Legal interest in the success of either of the parties;
c. Legal interest against both parties; or
© Gironella – Macadatar 2017 | Some Motions under the Rules on Civil Procedure 19
3. Where necessary to protect some interest which cannot otherwise be Dismissal by the Plaintiff
protected, and for the purpose of preserving the intervenor’s right to
appeal;
Dismissal upon notice by plaintiff / as a matter of right
4. May be allowed during the pendency of the appeal, where the interest of
justice so required.
How: by filing a notice of dismissal
Required form
When to file: at any time before service of the answer or of a motion for summary
judgment.
A copy of the pleading-in-intervention shall be attached to the motion and served
on the original parties.
Nature of the dismissal: the dismissal is without prejudice
Pleadings-in-intervention
Exception:
1. Where the notice of dismissal so provides.
Complaint-in-intervention: if he asserts a claim against either or all of the
2. Where the plaintiff has previously dismissed the same case in a court of
original parties.
competent jurisdiction twice [two dismissal rule].
3. Even where the notice of dismissal does not provide that it is with
Answer-in-intervention: if he unites with the defending party in resisting a claim
prejudice but it is premised on the fact of payment by the defendant of
against the latter.
the claim involved.
If denied, Remedies
When to file: after the service of an answer
Notes: The dismissal shall be without prejudice to the right of the defendant to prosecute
Intervention is not allowed in land registration cases. File an opposition his counterclaim in:
to the action. Land registration cases are proceedings in rem. 1. a separate action
2. Unless within 15 days from notice of the motion he manifests his
Things to consider in resolving intervention: preference to have his counterclaim resolved in the same action.
The Ground
The right to speedy, efficient and Nature of the dismissal: Unless otherwise specified in the order, a dismissal shall
effective trial be without prejudice.
The possibility of separately prosecuting
his claims or defenses by the intervenor Note: A class suit shall not be dismissed or compromised without the approval of
Deny or Grant D D G D/G the court.
Modes of Discovery
Purpose: to permit mutual knowledge before trial of all relevant facts gathered by
no parties so that either party may compel the other to disgorge facts whatever he
has in his possession.
- Designed to serve as an additional device aside from a pretrial.
- Not for the purposes of fishing evidence
- Can be utilize in civil and in criminal procedure
Importance: to disgorge whatever facts he has in his possession. - It is the taking of testimony of any person, whether he be a party or not, but at
the instance of a party to the action
- Advances the stage at which the disclosure can be compelled from the time of - This testimony is taken out of court.
trial to the period proceding to it, thus reducing the possibility of surprise.
Used: How: upon motion seasonably made by any party or by the person to be
1. In a pending action examined and for good cause shown
2. A future action
3. For use in a pending appeal Orders that the court may make for the protection of parties and deponents:
1. That the deposition shall not be taken;
Deposition de bene esse 2. That it may be taken only at some designated place other than that
stated in the notice;
Leave of court: 3. That it may be taken only on written interrogatories;
4. That certain matters shall not be inquired into;
- leave of court is not required after an answer has been served 5. That the scope of the examination shall be held with no one present
- Leave of court is required before the service of an answer but after jurisdiction except the parties to the action and their officers or counsel;
has been acquired over any defendant or over property subject an action 6. That after being sealed, the deposition shall be opened only by order of
the court, or that secret processes, developments, research need not be
Ex abudanticautela (out of abundant caution) - does not make an answer less of closed;
an answer 7. That the parties shall simultaneously file specified documents or
information enclosed in sealed envelopes to be opened as directed by the
court; or
Who can avail:
8. The court may make any other order which justice requires to protect the
party or witness from annoyance, embarrassment, or oppression
- The testimony of any person, whether a party or not, may be taken, at the
instance of any party, by depositions upon oral examination or written
Deposition taking proper:
interrogatories.
- Unequivocally, the rule does not make any distinction or restriction as to
Direct and cross examination:
who can avail of deposition.
The deponent may be examined or cross examined following the procedures for
Scope of Examination:
witnesses in a trial.
1. The officer before whom the deposition is taken shall put the witness on
Deposition of prisoner: his deposition may be taken only with leave of court and
oath.
upon such terms as the court may prescribed
2. The testimony of the witness or deponent must be recorded and be taken
stenographically, unless the parties agreed otherwise.
Manner:
3. All objections made at the time of the examination shall be noted.
What court: the court in which the action is pending of the RTC of the place 1. He shall then securely seal the deposition in an envelope indorsed with the
where the deposition is being taken title of the action and marked "Deposition of (here insert the name of
witness)" and
Order: the officer conducting the examination to cease from taking the deposition 2. shall promptly file it with the court in which the action is pending or send it
or may limit the scope and manner of the taking of the deposition by registered mail to the clerk thereof for filing. (20, R24)
When terminated: resumed only after the order of the court in which the action is Notice of filing - The officer taking the deposition shall give prompt notice of its
pending filing to all the parties.
The court may impose upon either party or upon the witness the requirement to Uses:
pay such costs or expenses as the court may deemed reasonable
Against:
Motion to terminate Vs. Protection Order: a. Against any party who was present or represented at the taking of the
deposition, or
Protection Order (Sec. 16, Motion to Terminate or Limit b. Against one who had due notice of the deposition
Rule 23) Examination (Sec. 18, Rule 23)
Provides protection to the Provides such protection during the When:
party or witness before the taking of deposition. 1. at the trial or
taking of deposition. 2. upon the hearing of a motion or
The Motion is filed with the Motion or petition is filed in the 3. An interlocutory proceedings
court in which the action is court in which the action is
pending. pending or the RTC of the place May be used for the following purpose:
where the deposition is being
taken. 1. For contradicting or impeaching the testimony of the deponent as a witness
The court will grant the commission. The clerk of court will forward the commission and the
Effect of Taking deposition:
questions to the DFA. The DFA will forward the same to the country where the deposition shall be
taken.
It does not, by reason of such deposition, make such person the witness of said
party.
Letters Rogatory:
Persons before whom depositions may be taken: - The power to issue is inherent.
- It is not dependent on court rules and or statute alone but rests also upon
Within the Philippines international goodwill toward each other.
- In the language of the country where it is taken.
1. Before a judge
2. Notary public Disqualified to take depositions:
3. Before any person authorized to administer oaths if the parties so stipulate in 1. A relative within the sixth degree of consanguinity or affinity, or employee or
writing counsel of any of the parties
2. A relative within the same degree, or employee of such counsel
Outside of Philippines 3. One financially interested in the action
1. A secretary of an embassy or legation, consul general, consul, vice consul, or Deposition vs. Bill of Particulars
consular agent of the Philippines
Déposition: witness's sworn out-of-court testimony. It used to gather
- Leave of court is not necessary. information as part of the discovery process and, in limited circumstances,
may be used at trial.
The court intervenes when: a party moves to enlarge or shorten the time stated in - The witness being deposed is called the "deponent."
the notice or upon notice and good cause shown, to prevent the deposition taking - Depositions usually do not directly involve the court.
Re-cross interrogatories
Exception:
- within 3 days from the service of the re-direct interrogatories
1. The deposition was introduced to impeach or contradict the witness
2. If the deposition introduced was the deposition of an opposing part
Officers to take responses and prepare records:
Objections to admissibility
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
Subject to the provisions of Section 29 of this Rule, objection may be made at the
trial or hearing to receiving in evidence any deposition or part thereof for any
Then he shall proceed promptly to take the testimony of the witness in response to
reason which would require the exclusion of the evidence if the witness were then
the interrogatories and to prepare, certify, and file or mail the deposition, attaching
present and testifying.
thereto the copy of the notice and the interrogatories received by him.
Rebutting deposition
Notice of filing and furnishing copies:
At the trial or hearing, any party may rebut any relevant evidence contained in a
1. When a deposition upon interrogatories is filed, the officer taking it
deposition whether introduced by him or by any other party
shall promptly give notice thereof to all the parties, and;
2. May furnish copies to them or to the deponent upon payment of
Effect of failure to attend \ Subpoena:
reasonable charges therefor.
If the party giving the notice of the taking of a deposition fails to attend
When: After the service of the interrogatories and prior to the taking of the
and proceed therewith
testimony of the deponent
another attends in person or by counsel pursuant to the notice
Who: the court in which the action is pending
Consequences:The court may order the party giving the notice to pay such other
party the amount of the reasonable expenses incurred by him and his counsel in so
Condition:
attending, including reasonable attorney's fees.
1. on motion promptly made by a party or a deponent, and
2. for good cause shown,
Failure of party giving notice to serve subpoena
Order:
If the party giving the notice of the taking of a deposition of a witness 1. may make any order specified in Sections 15 (Deposition upon oral
fails to serve a subpoena upon him examination, notice, time and place), 16 (Orders for the protection of
the witness because of such failure does not attend, parties and deponents) and 18 (Motion to Terminate or limit
if another party attends in person or by counsel because he expects the examination) which is appropriate and just or
deposition of that witness to be taken, 2. An order that the deposition shall not be taken before the officer
designated in the notice or
Consequences: the court may order the party giving the notice to pay such other 3. That it shall not be taken except upon oral examination.
party the amount of the reasonable expenses incurred by him and his counsel in so
attending, including reasonable attorney's fees. Effects or errors and irregularities:
Deposition upon written interrogatories:
- Waivable
Service and Notice:
- Unless, written objection is promptly served
notice
As to
- Unless the ground of the objection is one which (d) The names or a description of the persons he expects will be adverse
evidence
might have been obviated or removed if parties and their addresses so far as known; and
presented at that time
(e) The names and addresses of the persons to be examined and the
substance of the testimony which he 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
Grounds: perpetuating their testimony.
in the manner of taking the deposition,
As to oral examination and other
The petitioner shall serve a notice upon each person named in the
if promptly prosecuted
petition as an expected adverse party
- waivable - Together with a copy of the petition,
- unless reasonable objection thereto is made at - Stating that the petitioner will apply to the court, at a time and place
the taking of the deposition
named therein, for the order described in the petition.
propounding them within the time allowed for prospective deponents in the manner provided for service of summons.
written
Condition: If the court is satisfied that the perpetuation of the testimony may
prevent a failure or delay of justice,
- waivable
As to manner of
Coverage The depositions may be taken in accordance with Rule 23 before the hearing.
Time to Answer
Contents of the motion:
(a) The names and addresses of the persons to be examined and the No fixed time Within 15 days unless
substance of the testimony which he expects to elicit from each, and extended or reduce by the
(b) The reason for perpetuating their testimony. court
Effect: answers shall be deferred until the objections are resolved, which shall be
at as early a time as is practicable.
Leave of court:
Exception: more than one if there is with leave of court Note: if the answer was signed and sworn to by the counsel – it is already a
sufficient compliance
Scope and use
Period:
Matter: the deponent may be examined regarding: 1. within a period designated in the request, which shall not be less than
15 days after service thereof, or
a) any matter, not privileged, which is relevant to the subject of the 2. within such further time as the court may allow on motion
pending action, whether relating to the claim or defense of any other
party, A request for admission is not proper where the subject matters thereof are the
b) including the existence, description, nature, custody, condition, and same as the ultimate facts alleged in the requesting party's complaint for which the
location of any books, documents, or other tangible things and requested party had already denied in his answer.
c) The identity and location of persons having knowledge of relevant facts. - a party should not be required to make a second denial of those already denied
on his answer to the complaint
Use: same with depositions
Objectionsto any request for admission:
Effect of failure to serve written interrogatories - shall be submitted to the court by the party requested
- within the period for and prior to the filing of his sworn statement
General Rules: a party not served with written interrogatories may not be - his compliance therewith shall be deferred until such objections are resolved
compelled by the adverse party to:
a. give testimony in open court, or Effect of Admission
b. to give a deposition pending appeal
- for the purpose of the pending action only and
Exception: allowed by the court for good cause shown and to prevent a failure of - shall not constitute an admission by him for any other purpose
justice
- nor may the same be used against him in any other proceeding
Request for admission The court may allow the party making an admission under the Rule, whether
express or implied, to withdraw or amend it upon such terms as may be just.
When:
- At any time after issues have been joined - File a motion to be relieved of the effects of his admission
Copies of the documents shall be delivered with the request unless copies have Consequence for failure to answer request for admission:
already been furnished.
- The facts or documents are deemed admitted
- It must be served directly with the parties
Vs. unreasonable searches - In an action in which the mental or physical condition of a party is in
controversy
Unreasonable Searches - Discretionary on the part of the court
- A search of an individual or his/her premises (including an automobile) and/or - Applicable to parties only and not to witnesses
seizure of evidence found in such a search by a law enforcement officer without
a search warrant and without "probable cause" to believe evidence of a crime is
Example:
present.
1. An action for annulment of a contract where the ground relied upon is insanity
2. A petition for guardianship of a person alleged to be insane
Production or inspection of
Subpoena DucesTecum 3. An action to recover damages for personal injury where the issue is the extent of the
documents or things
Upon showing for good cause May be issued upon ex parte injuries of the plaintiff
and upon motion is required for application
an order for the production or Which court: the court in which the action is pending
inspection of documents or
things Order: order him to submit to a physical or mental examination by a physician.
Can only be directed to a party May be directed to a non-party
It is a pre-trial discovery device It is a process used during trial Note: Since the results of the examination are intended to be made public, the
intended to obtain facts or proper and contemplates that same are not covered by the physician-patient privilege.
documents in order to prepare the party applying for its
Order of examination
If a physician fails or refuses to make such a report the court may exclude his When:
testimony if offered at the trial. 1. Party or other witness refuses to be sworn or
2. refuses to answer any question after being directed to do so by the court
Waiver of privilege of the place in which the deposition is being taken
How: Party refuses to obey an order: the court may make such orders in regard to the
1. By requesting and obtaining a report of the examination so ordered or refusal as are just, and among others the following:
2. by taking the deposition of the examiner
(a) An order that the matters regarding which the questions were asked, or
Matter: The party examined waives any privilege he may have in that action or any the character or description of the thing or land, or the contents of the paper, or
other involving the same controversy, regarding the testimony of every other the physical or mental condition of the party, or any other designated facts shall be
person who has examined or may thereafter examine him in respect of the same taken to be established for the purposes of the action in accordance with the claim
mental or physical examination. of the party obtaining the order;
General rule: a party is not entitled to the result of examination (b) An order refusing to allow the disobedient party to support or oppose
designated claims or defenses or prohibiting him from introducing in evidence
Unless: he request to be given copies designated documents or things or items of testimony, or from introducing
evidence of physical or mental condition;
Effect: he cannot present any medical certificate contrary to what was stated in
the medical certificate that was given to him. (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
Rationale: with such knowledge the adverse party may fabricate the result of the any part thereof, or rendering a judgment by default against the disobedient party;
medical certificate contrary to the medical certificate given to him and
Remedy: do not ask a copy, instead submit himself to a medical examination, and (d) In lieu of any of the foregoing orders or in addition thereto, an order
use it when the former medical examination was presented as evidence 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.
SANCTIONS AND PENALTIES
Expenses on refusal to admit
Refusal to answer
- He may apply to the court for an order requiring the other party to pay him the
- The examination may be completed on other matters or adjourned as the reasonable expenses incurred in making such proof, including attorney's fees.
proponent of the question may prefer.
Expenses and attorney's fees are not to be imposed upon the Republic of the The clerk of court, under the direct supervision of the judge, shall keep a calendar
Philippines under this Rule. of cases:
1. for pre-trial,
The Rules on Trial Proper 2. for trial,
3. those whose trials were adjourned or postponed, and
4. Those with motions to set for hearing.
Concept and Definition
Cases which are given preference
Trial: An examination, usually involving the offering of testimony before a
competent tribunal according to establish procedures, of facts or law put in
Preference shall be given to:
issue in a cause for the purpose of determining such issue.
1. habeas corpus cases,
- The judicial process of investigating and determining the legal
2. election cases,
controversies, starting with the production of evidence by the plaintiff and
3. special civil actions, and
ending with his closing arguments.
4. Those so required by law.
Notice of trial
Assignment of cases, only by raffle if multi sala court
The assignment shall be done in open session of which adequate notice shall be
Duration: in such manner as shall ensure his receipt of that notice at least 5 days
given so as to afford interested parties the opportunity to be present.
before such date
Order of trial
Is trial necessary?
General Rule: When an issue exists, trial is necessary. Decision should not be made
The trial shall be limited to the issues stated in the pre-trial order and shall
without trial. proceed as follows:
Exceptions: There is no need for trial in the following cases:
1. Where the pleadings of the parties tender no issue at all, a judgment on (a) The plaintiff shall adduce evidence in support of his complaint;
the pleadings may be directed by the court (Rule 34);
2. Where from the pleadings, affidavits, depositions and other papers, (b) The defendant shall then adduce evidence in support of his defense,
there is actually no genuine issue, the court may render a summary counterclaim, cross-claim and third-party complaint;
judgment (Rule 35);
3. Where the parties have entered into a compromise or an amicable (c) The third-party defendant, if any, shall adduce evidence of his defense,
settlement either during the pre-trial or while the trial is in progress counterclaim, cross-claim and fourth-party complaint;
(Rule 18; Art. 2028, NCC);
4. Where the complaint has been dismissed with prejudice (Sec. 5, Rule (d) The fourth-party, and so forth, if any, shall adduce evidence of the material
16; Sec. 3, Rule 17; last. par., Sec. 5, Rule 7); facts pleaded by them;
5. Where the case falls under the operation of the Rules on Summary
Procedure (Rule 17);
Note: General rule: The judge of the court where the case is pending shall personally
- This order of trial applies to a regularly controverted claim. (Reverse order of receive the evidence to be adduced by the parties.
trial)
- This will not apply if the answer admits the defendant's obligation as Exception: the court may delegate the reception of evidence to its clerk of court
alleged in the complaint but special defenses are alleged who is a member of the bar:
plaintiff does not have to present evidence since judicial admissions 1. in default or
do not require proof, and 2. ex parte hearings, and
it should be the defendant who should forthwith present evidence 3. In any case where the parties agree in writing.
in support of his special defenses.
- This order of trial will also not apply if there was a separate trial of the Limitation of the power: The clerk of court shall have no power to rule on
counterclaim, cross-claim, third-party complaint, etc.… or if the court for objections to any question or to the admission of exhibits
special reasons otherwise directs. - note the objection and report it to the court
What: The parties to any action may agree upon the facts involved in the Additional evidence
litigation, and submit the case for judgment on the facts agreed upon, without the - may be offered at the rebuttal stage:
introduction of evidence.
Provided:
Partial: If the parties agree only on some of the facts in issue, the trial shall be held 1. if it was newly discovered, or
as to the disputed facts in such order as the court shall prescribe. 2. omitted through mistake or inadvertence, or
3. where the purpose is to correct evidence previously offered,
Note: 4. Subject to the discretion of the court.
- Counsel cannot stipulate on what their respective evidence consists of
and ask that judgment be rendered on the basis of such stipulation. Adjournments and postponements
- Stipulations of facts are not permitted in actions for annulment of marriage,
legal separation, declaration of nullity of marriage General Rule: 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
Stipulation of facts in civil cases vis-a-vis criminal cases:
Limitation: shall have no power to adjourn a trial for a longer period than one
Civil Cases Criminal Cases month for each adjournment, nor more than three months in all
May be signed by the counsel Must be signed both by the
alone who has a special power of counsel and the accused. Exception: when authorized in writing by the Court Administrator or the
attorney. Supreme Court.
May be made verbally or in Strict. It must always be in
writing. writing. - are addressed to the sound discretion of the court and
- In the absence of grave abuse of discretion, cannot be controlled by mandamus.
Statement of judge
Requisites of motion to postpone trial for absence of evidence
Contents
- 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. A subpoena shall state:
1. the name of the court and
- If the last day of the period, as thus computed, falls on a Saturday, a Sunday, or 2. the title of the action or investigation
a legal holiday in the place where the court sits, the time shall not run until the 3. It shall be directed to the person whose attendance is required, and
next working day. 4. In the case of a subpoena ducestecum, it shall also contain a reasonable
description of the books, documents or things demanded which must
Effect of interruption appear to the court prima facie relevant.
- The allowable period after such interruption shall start to run on the day after
Who issues
- No subpoena can be issued in the absence of an action pending in court. Subpoena to a prisoner: the judge or officer shall examine and study carefully
such application to determine whether the same is made for a valid purpose.
Definition
Exception:
Subpoena is a process directed to a person requiring him to attend and to testify at 1. Witness residing more than 100 kilometers with the place where he
the hearing or the trial of an action, or at any investigation conducted by shall testify
competent authority, or for the taking of his deposition. 2. Detention prisoner
3. When Authority from the Supreme Court is needed, to be brought
It may also require him to bring with him any books, documents, or other things outside, for appearance or attendance in any court: prisoner sentenced:
under his control, in which case it is called a subpoena ducestecum. a. to death,
b. reclusion perpetua or
Subpoena vs. Summons:
© Gironella – Macadatar 2017 | The Rules on Trial Proper 34
c. life imprisonment and 4. The witness fees and kilometrage allowed by these Rules were not
d. who is confined in any penal institution tendered when the subpoena was served.
Subpoena ad testificandum
Service of subpoena
Grounds:
How: made in the same manner as personal or substituted service of summons. 1. that the witness is not bound thereby
2. the witness fees and kilometrage allowed by these Rules were not
The original shall be exhibited and a copy thereof delivered to the person on whom tendered when the subpoena was served.
it is served, tendering to him the fees for one day's attendance and the kilometrage
allowed by these Rules IV. Failure to respond to a subpoena
Exception: when a subpoena is issued by or on behalf of the Republic of the General Rule:
Philippines or an officer or agency thereof, the tender need not be made. The court or judge issuing the subpoena may issue warrant of arrest
to the sheriff or his deputy to arrest the witness and bring him
Purpose: to allow the witness a reasonable time for preparation and travel to the before the court or officer where his attendance is required and
place of attendance.
the cost of such warrant and seizure of such witness shall be paid
Cost of Production: by the witness if the court issuing it shall determine that his
- If the subpoena is ducestecum, the reasonable cost of producing the books, failure to answer the subpoena was willful and without just cause.
documents or things demanded shall also be tendered.
Before the witness can be arrested it must be shown to the court or judge
If a person is present in court, is there a need for subpoena in order for that:
him to testify? 1. There was a proof of service of the subpoena.
2. The witness failed to appear.
No! 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 of Exceptions:
officer. a. Arrest and contempt against a witness shall not apply to a witness
who resides more than 100 kilometers from his residence to the place
II. Vs. produce order and detention mittimus and search warrant in criminal where he is to testify by the ordinary course of travel.
cases
Viatory Right:
Production order: Viatory right of a witness is applicable only in civil cases!
- producetheprisonerincourtataspecifiedtimeandplace Right of a witness not to be compelled by subpoena
Detention Mittimus b. Arrest and contempt will not apply to a detention prisoner if no
- a court order directing a sheriff or other police officer to escort a convict to a permission of the court in which his case is pending was obtained.
prison
- can command a jailer to safely keep a felon until he or she can be transferred to Sanctions for unjustifiable failure to obey subpoena
a prison
- deemed a contempt of the court from which the subpoena is issued.
Search Warrant - If the subpoena was not issued by a court, the disobedience thereto shall
- a court order issued by a judge or magistrate judge that authorizes the law be punished in accordance with the applicable law or Rule
enforcement officers to conduct a search of a person or location for evidence of
a crime and to confiscate evidence if it is found. Remedy in order to obtain the testimony of a witness exempt
from subpoena
III. Quashing a subpoena, grounds
- Get their depositions using the different modes of discovery.
Subpoena ducestecum
Administrative Circular No. 3-99 (January 15, 1999)
How: upon motion promptly made
When: at or before the time specified therein
The session hours of all RTCs and MTCs
Grounds:
1. if it is unreasonable and oppressive, or
- From 8:30 A.M. to noon and from 2:00 P.M. to 4:30 P.M. from Monday to
2. the relevancy of the books, documents or things does not appear, or Friday.
3. If the person in whose behalf the subpoena is issued fails to advance the
reasonable cost of the production thereof. Morning:
A person to whom a case pending in court is referred, for him to take testimony,
Exception: Except those requiring immediate action
hear the parties and report thereon to the court, and upon whose report, if
confirmed, judgment is rendered.
Judges must be punctual at all times.
1. Unless the docket of the court requires otherwise, not more than 4 cases Delegation to Clerk of Trial by Commissioner
shall be scheduled for trial daily. Court
2. The Presiding Judge shall make arrangements with the prosecutor and Delegation is made during Commissioner can be appointed even
the PAO so that a relief prosecutor and a PAO attorney are always trial. after the case has become final and
available in case the regular prosecutor or PAO attorneys are absent. executory.
3. Contingency measures must likewise be taken for any unexpected Clerk of court must be a Commissioner need not be a lawyer.
absence of the stenographer and other support staff assisting in the trial. lawyer.
4. The issuance and service of subpoenae shall be done in accordance with Clerk of court cannot rule Commissioner can rule on objections
Administrative Circular No. 4 dated 22 September 1988. on objections or on the or on admissibility of evidence.
5. The judge shall conduct trial with utmost dispatch, with judicious admissibility of evidence.
exercise of the court’s power to control trial proceedings to avoid delay.
6. The judge must take notes of the material and relevant testimonies of What is the rule on trial by commissioner?
witnesses to facilitate his decision-making. General Rule: Discretionary upon the courts.
7. The trial shall be terminated within ninety (90) days from initial
hearing. Appropriate disciplinary sanctions may be imposed on the Exception:
judge and the lawyers for failure to comply with this requirement due to a. Expropriation (Rule 67);
causes attributable to them. b. Partition (Rule 69);
c. Settlement of estate of a deceased person in case of contested claims; and
Exception: in drugs cases trial dates – 60 days from date of filing. Decision – 15 days d. Submission of accounting by executors or administrator.
from submission
How
8. Each party is bound to complete the presentation of his evidence within
the dates assigned to him. After the lapse of said dates, the party is 1. By written consent of both parties, the court may order any or all of the issues
deemed to have completed the presentation of evidence. However, upon in a case to be referred to a commissioner: (reference by consent)
verified motion based on compelling reasons, the judge may allow a a. to be agreed upon by the parties or
party additional trial dates in the afternoon; provided that said b. To be appointed by the court
extension will not go beyond the three-month limit computed from the
first trial date except when authorized in writing by the Court 2. When the parties do not consent, the court may, upon the application of
Administrator, Supreme Court. either or of its own motion, direct a reference to a commissioner (Reference
ordered on motion)
Reset / Cancellation / prolonging trial; penalties
a) Pay What are binding issues: question of facts not question of law
b) Deduction from trial dates
Applicable instances– valid referral even without the consent of the Notice to parties of the filing of report
parties
When: Upon the filing of the report
1. When the trial of an issue of fact requires the examination of a long
account on either side, in which case the commissioner may be directed What: the parties shall be notified by the clerk,
to hear and report upon the whole issue or any specific question
involved therein; Objection: they shall be allowed 10 days within which to signify grounds of
objections to the findings of the report, if they so desire.
2. When the taking of an account is necessary for the information of the
court before judgment, or for carrying a judgment or order into effect. Note: Objections to the report based upon grounds which were available to the
parties during the proceedings before the commissioner, other than objections to
3. When a question of fact, other than upon the pleadings, arises upon the findings and conclusions therein, set forth, shall not be considered by the court
motion or otherwise, in any stage of a case, or for carrying a judgment or unless they were made before the commissioner.
order into effect.
Hearing upon report
Order of reference; contents
When: Upon the expiration of the period of 10 days (objections)
When a reference is made, the clerk shall forthwith furnish the commissioner with
a copy of the order of reference. What: the report shall be set for hearing
The order may: Court’s action: after which the court shall issue an order:
1. specify or limit the powers of the commissioner, and adopting,
2. may direct him to report only upon particular issues, or modifying, or
3. to do or perform particular acts, or rejecting the report in whole or in part, or
4. to receive and report evidence only and recommitting it with instructions, or
5. may fix the date for beginning and closing the hearings and requiring the parties to present further evidence before the
6. For the filing of his report. commissioner or the court
Law of the case doctrine: - If no appeal or motion for new trial or reconsideration is filed within the
- When a court decides upon a rule of law, that decision should continue time provided in these Rules
to govern the same issues in subsequent stages in the same case. - Upon the lapse of 15 days from the date of notice to the party of such
- Applies in a situation where an appellate court has made a ruling on a judgments, if such party does not employ valid remedies to toll the
question on appeal and thereafter remands the case to the lower court running of such period.
for further proceedings; the question settled by the appellate court - The judgment or final order shall forthwith be entered by the clerk in
becomes the law of the case at the lower court and in any subsequent the book of entries of judgments.
appeal. - The date of finality of the judgment or final order shall be deemed to be
- It means that whatever is irrevocably established as the controlling legal the date of its entry.
rule or decision between the same parties in the same case continues to
be the law of the case, whether correct on general principles or not, so Effect of final and executory judgment
long as the facts on which the legal rule or decision was predicated
continue to be the facts of the case before the court General rule: once judgment becomes final and executory it becomes immutable
and unalterable.
Judgment on consent:
- is one where the provisions and terms of which are settled and agreed Exception:judgment maybe change in cases of:
upon by the parties to the action, and which is entered in the record by 1. Typographical error
the consent of the court. 2. Void judgment
3. Judgment nunc pro tunc.
There must be an unqualified agreement among the parties to be bound by the
judgment on consent before said judgment may be so entered and the court does Rules of interpretation of judgment:
not have the power to supply terms, provisions or essential details not previously
agreed to by the parties. Judgment for or against one or more of several parties:
When justice so demands, the court may require the parties on each side to file Oppositions: The adverse party may serve opposing affidavits, depositions, or
adversary pleadings as between themselves and determine their ultimate rights admissions at least 3 days before the hearing.
and obligations.
Ground: if the pleadings, supporting affidavits, depositions, and admissions on
Several judgments: file, show that there is no genuine issue as to any material fact and that the moving
When: In an action against several defendants party is entitled to a judgment as a matter of law.
- Specific denials or affirmative defenses are in truth set out in the answer
What: the court may, when a several judgment is proper, render judgment against but the issues thus arising from the pleadings are sham, fictitious or not
one or more of them, leaving the action to proceed against the others. genuine, as shown by affidavits, depositions, or admissions.
Answer
claim.
affidavits and depositions that
there is no real issue and that the
The judgment shall terminate the action with respect to the claim so disposed of
party is entitled to judgment as a
and the action shall proceed as to the remaining claims.
matter of right
Movants must give a 3-day Opposing party is given 10 days
In case a separate judgment is rendered the court by order may stay its
Notice
terminated
on
Kinds of Judgment and Definitions defendants as far as the defendant may file it
counterclaim, cross-claim
Without reception of evidence or third-party complaint is
concerned can file the same
Judgment on the Pleading Based only on the Based on the pleadings, affidavits,
Basis of the
judgment
- It shall be the duty of the parties and their counsel to appear at the pre- Trial Courts:
trial. - None! Judgment, final orders are served or handed to the parties, not
- Failure on the part of the defendant shall be cause to allow the plaintiff promulgated.
to present his evidence ex parte and the court to render judgment on the - The service is either personal or registered.
basis thereof.
- Includes Rule 17 - due to the fault of the plaintiff Appellate courts:
- Yes! But the type of promulgation is not the same as the promulgation
Judgment on demurrer to evidence contemplated in criminal cases.
- Promulgation is done in the appellate courts when the Clerk of Court
When: After the plaintiff has completed the presentation of his evidence will announced that the #rd Division of the SC or CA rendered a
decision on the case of … and on the day of…
How: the defendant may move for dismissal of the action
In an election contest between Mr. Palma and Mr. Monsod, the
Ground: that upon the facts and the law the plaintiff has shown no right to relief. COMELEC En Banc unanimously resolved the dispute in favor of
Monsod.couCOMELEC Commissioner Garci participated in the
If his motion is denied: deliberation of the said resolution. Howevr, on the resolution of the
- He shall have the right to present evidence. said dispute was promulgated by the COMELEC EnBanc,Garci was
no longer a member of the COMELEC En Banc. Mr. Palma contends
If the motion is granted but on appeal the order of dismissal is reversed: that the decision was null and void because Garci, who was part of
- he shall be deemed to have waived the right to present evidence the resolution of the case, was no longer connected with the
COMELEC. Is Mr. Palma Correct?
Ordinary judgment / Judgment on the Merits
Answer: NO. a decision becomes binding only after it is
- There is full blown trial promulgated. Consequently, if at the time of the promulgation of a
decision or resolution, a member of a collegiate court who had earlier
Judgment based on Compromise agreement signed or registered his vote has vacated his office; his vote is
automatically withdrawn or cancelled. The resolution in this case
Nature: not appealable and has the effect of res judicata from the moment it is remains valid because it is still supported by majority of the
rendered. COMELEC En Banc
As a rule, a judgment upon compromise is immediately executory in the absence of Promulgation of judgment in Criminal cases:
a motion to set the same aside on the ground of fraud, mistake, etc., and if such
motion is made and denied, appeal may be taken from such order of denial. The judgment is promulgated by:
1. Reading it in the presence of the accused and any judge of the court in
Lack of consent to the compromise agreement: the remedy is: which it was rendered.
1. to move for its reconsideration and 2. However, if the conviction is for a light offense, the judgment may be
2. to appeal from the judgment if the motion is denied; or pronounced in the presence of his counsel or representative.
3. If the judgment is already final and executory, to file petition for relief 3. When the judge is absent or outside of the province or city, the
under Rule 38. judgment may be promulgated by the clerk of court.
Against a person who is not a party to the compromise agreement: Remedy: Confined or detained in another province or city:
- He may file an original petition for certiorari to quash the writ of - the judgment may be promulgated by the executive judge of the RTC
execution. having jurisdiction over the place of confinement or detention
- How: upon request of the court which rendered the judgment.
He could not move to have the compromise set aside and then appeal from the
order denying the motion since he is not a party to the compromise or the Accused tried in absentia:
judgment therein. Because he jumped bail or
- A petition for relief would be an adequate remedy as the execution was Escaped from prison
already being carried out.
- The notice to him shall be served at his last known address.
Promulgation of Judgment
Accused fails to appear at the scheduled date of promulgation of judgment
In civil cases vs. in criminal, promulgation of judgment in absentia in despite notice:
criminal cases
Judgment is for conviction and the failure of the accused to appear was
without justifiable cause:
- He shall lose the remedies available in these rules against the judgment
and the court shall order his arrest.
- The court, who heard and tried the case Before finality of judgment and final orders
Q: what if the judge who rendered the judgement is not the judge who heard the Motion for Reconsideration
case, can there be a valid judgment?
- It is a litigated motion
A: YES. There is no requirement in the rules that requires the same.
Time to file: Within the period for taking an appeal - this is within 15 days from
General Rule: a case once raffled the receipt of the notice of the judgment or final order.
Who are covered by the Rules on Judgments? Note: A motion to extend the reglementary period for filing a motion for
- Courts or Records [RTC and MTC] reconsideration is not authorized.
Supreme Court: Where to file: The motion shall be filed with the trial court, i.e., the court which
- Is not compelled to adopt a definite and stringent rule on how its rendered the judgment.
judgments shall be framed.
- It has the discretion to decide whether a ―minute resolution‖ should be Who files: losing or winning party
used in lieu of ―full blown decision‖ in any particular case
Grounds:
A minute resolution of dismissal of a petition for review on certiorari constitutes 1. The damages awarded are excessive
adjudication on the merits of the controversy or subject matter of the petition. 2. the evidence is insufficient to justify the decision or final order, or
3. the decision or final order is contrary to law.
Since the grant of a petition for review on certiorari is not a matter of right but of
sound judicial discretion, there is accordingly no need to fully explain the court’s Form: in writing
denial.
Contents:
Book of entries of judgment The motion shall:
1. state the factual or legal ground or grounds
Judgment and entries book 2. shall point out specifically the findings or conclusions of the judgment
The clerk shall keep a judgment book containing a copy of each or final order which are:
judgment rendered by the court in order of its date, and a. not supported by the evidence or
a book of entries of judgments containing at length in chronological b. which are contrary to law
order entries of all final judgments or orders of the court. o making express reference to the testimonial or
documentary evidence or
The record shall contain the dispositive part of the judgment or final order and o to the provisions of law alleged to be contrary to
shall be signed by the clerk, within a certificate that such judgment or final order such findings or conclusions
has become final and executory.
Notice: A written notice of which shall be served by the movant on the adverse
party.
Note: No party shall be allowed a second motion for reconsideration of a judgment MISTAKE:
or final order - Mistake generally refers to mistakes of fact but may also include
- the motion must come from the same party mistakes of law where in good faith; the defendant was misled in the
case.
Remedy against order denying a motion for reconsideration: - Constitutive act of mistake of law: a mistake as to the scope and extent
- An order denying a motion for reconsideration is not appealed, the of the coverage of an ordinance, or a mistake as to the effect of a
remedy being an appeal from the judgment or final order. compromise agreement upon the need for answering a complaint.
- In the appeal, assign as one of the errors the denial of the Motion for
Reconsideration. Note: As a general rule, a client is bound by the mistakes of his counsel. Only when
the application of this general rule would result in serious injustice should an
Motion for New Trial / Berry Rule exception hereto be applied.
Effect of granting the motion: the entire proceeding will be vacated and there
First Ground:
will be new trial de novo.
FRAUD:
Second Ground:
- Only extrinsic fraud can be ground for new trial.
- Fraud as a ground for new trial must be extrinsic or collateral that is, it Requisites: for newly discovered evidence to warrant new trial:
is kind of fraud which prevented the aggrieved party from having trial or a. Must have been discovered after trial;
presenting his case to the court, or was used to procure the judgment b. Could not have been discovered and produced at the trial despite
without fair submission of the controversy. reasonable diligence;
- There is denial of the right to due process c. And if presented would probably alter the result of the action.
Material and relevant and not merely corroborative or
Acts Constitutive of Collateral fraud: commutative
1. Acts intended to keep the unsuccessful party away from the court by a
false promise of compromise. How to prove:
2. Acts which purposely keeps the unsuccessful party ignorant of the suit. A motion for new trial shall be proved in the manner provided for proof of motion.
3. An act where the attorney fraudulently pretends to represent a party
and connives at his defeat, or corruptly sells out his client’s interest
NOTE: A party can avail of the remedy of Motion for New Trial even though a
Effect of granting the motion: no new trial de novo, previous proceedings are
Motion for Reconsideration is pending, provided that any grounds for motion for
carried over plus additional evidence.
new trial is present. Ergo, Motion for Reconsideration and Motion for New trial is
- The judgment may either affirm or reverse the previous proceedings
not mutually exclusive.
Note: the recorded evidence taken upon the former trial, insofar as the same is
What shall be the first to be entertained?
material and competent to establish the issues, shall be used at the new trial
- The Motion for New Trial because there is a possibility that the decision
without retaking the same
sought to be reconsidered can be vacated.
Period to resolve the motion: shall be resolved within 30 days from the time it is
Vs. Reopening of civil cases
submitted for resolution.
- Litigated motion
Second motion for new trial:
- In civil case, it is not a remedy before finality of judgment
General Rule:A motion for new trial shall include all grounds then available - In criminal case, it is a remedy before finality of judgment
- Those not so included shall be deemed waived.
Time to file: Must be filed after the trial but before decision.
- Apply the omnibus motion rule
Exceptions: It can be appealed when- Second, the provisions of Section 3 of Rule 41 of the 1997 Rules of
1. When the terms of the judgment are varied. Civil Procedure and Section 6 of Rule 122 of the Revised Rules of
2. When the terms of the judgment are not clear and there is room for Criminal Procedure, though differently worded, mean exactly the
interpretation. same. There is no substantial difference between the two provisions
insofar as legal results are concerned – the appeal period stops
Final order vs. Interlocutory Order: running upon the filing of a motion for new trial or reconsideration
and starts to run again upon receipt of the order denying said
Final order Interlocutory order motion for new trial or reconsideration. It was this situation that
disposes of the subject matter in its Does not dispose of a case Neypes addressed in civil cases. No reason exists why this situation
entirety or terminates a particular completely, but leaves in criminal cases cannot be similarly addressed.
proceeding or action leaving nothing something more to be
else to be done but to enforce by adjudicated upon. Third, while the Court did not consider in Neypes the ordinary
execution what has been determined by appeal period in criminal cases under Section 6, Rule 122 of the
the court Revised Rules of Criminal Procedure since it involved a purely civil
The term ―final‖ judgment or order a court order is merely case, it did include Rule 42 of the 1997 Rules of Civil Procedure on
signifies a judgment or an order which interlocutory in character if it petitions for review from the RTCs to the CA, and Rule 45 of the
disposes of the case as to all the parties, leaves substantial 1997 Rules of Civil Procedure governing appeals by certiorari to this
reserving no further questions or proceedings yet to be had in Court, both of which also apply to appeals in criminal cases, as
directions for future determination. connection with the provided by Section 3 of Rule 122 of the Revised Rules of Criminal
controversy Procedure.
it is basically provisional in
its application MODES OF APPEAL
The movant has a fresh period of 15 days from receipt or notice of the order Appeal From Judgment of First Level CourtsRULE 40
denying or dismissing the motion for reconsideration within which to file a notice
of 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
This new period becomes significant if either a motion for reconsideration or a area to which the former pertains.
motion for new trial has been filed but was denied or dismissed.
Appeal From Judgment of RTC in the Exercise of its Original
Obviously the 15 day period may be availed of only if either motion is filed; Jurisdiction:RULE 41
otherwise, the decision becomes final and executory after the lapse of the original
appeal period provided in Rule 41, as held in the case of Neypes vs. CA [Sept. 14, - An appeal from a judgment or final order of the Regional trial Court,
2005]. exercising original jurisdiction, to the Court of appeals
The Neypes ruling shall not be applied where no motion for new trial or motion for COMMON PROVISIONS:
reconsideration has been filed in which case the 15 day period shall run from notice
© Gironella – Macadatar 2017 | Remedies against Judgment and Final Orders 47
Issues to be raised on appeal: d) order execution pending appeal in accordance with 2 of Rule 39, and
- Questions of fact or mixed questions of fact and law e) allow withdrawal of the appeal.
Contents of comment: The comment of the respondent shall be filed in 7 legible Where to appeal: to the Court of Appeals
copies, accompanied by certified true copies of such material portions of the record
referred to therein together with other supporting papers and shall Issues to be raised on appeal: questions of fact, of law, or mixed questions of fact
(a) state whether or not he accepts the statement of matters involved in and law.
the petition;
(b) point out such insufficiencies or inaccuracies as he believes exist in Period of appeal: within 15 days from:
petitioner's statement of matters involved but without repetition; and notice of the award, judgment, final order or resolution, or
(c) state the reasons why the petition should not be given due course. A from the date of its last publication, if publication is required by law
copy thereof shall be served on the petitioner. for its effectivity, or
of the denial of petitioner's motion for new trial or reconsideration
When the petition shall be given Due course:
- When the Court of Appeals finds prima facie that the lower court has Motion for reconsideration: Only 1 motion for reconsideration shall be allowed.
committed an error of fact or law that will warrant a reversal or
modification of the appealed decision How appeal taken: by filing a verified petition for review.
Elevation of record: within 15 days from notice, Contents of the petition: The petition for review shall
Whenever the Court of Appeals deems it necessary a) State the full names of the parties to the case, without impleading the court
or agencies either as petitioners or respondents;
Submission for decision: b) Contain a concise statement of the facts and issues involved and the grounds
If the petition is given due course, the Court of Appeals may set the case for: relied upon for the review;
1. oral argument or c) be accompanied by a clearly legible duplicate original or a certified true copy
2. require the parties to submit memoranda of the award, judgment, final order or resolution appealed from, together with
Effect of failure to comply with requirements: sufficient ground for the From what court: from a judgment or final order or resolution of the:
dismissal. Court of Appeals,
the Sandiganbayan,
Action on the petition: The Court of Appeals may require the respondent to file a the Regional Trial Court or
comment on the petition not a motion to dismiss other courts whenever authorized by law
When to file: within 10 days from notice Filing of petition with Supreme Court: file with the Supreme Court a verified
petition for review on certiorari.
Dismissal of the case:
a) if it finds the same to be patently without merit, Issue: The petition shall raise only questions of law which must be distinctly set
b) prosecuted manifestly for delay, or forth.
c) that the questions raised therein are too unsubstantial to require
consideration. Time for filing; extension: within 15 days from notice of the judgment or final
order or resolution appealed from, or of the denial of the petitioner's motion for
Contents of comment. —The comment shall new trial or reconsideration filed in due time after notice of the judgment.
a) Point out insufficiencies or inaccuracies in petitioner's statement of
facts and issues; and Extension: On motion duly filed and served, with full payment of the docket and
b) State the reasons why the petition should be denied or dismissed. other lawful fees and the deposit for costs before the expiration of the
reglementary period, the Supreme Court may for justifiable reasons grant an
When given Due course.: when the Court of Appeals finds prima facie that the extension of 30 days only within which to file the petition.
court or agency concerned has committed errors of fact or law that would warrant
reversal or modification of the award, judgment, final order or resolution sought to Contents of petition:
be reviewed (a) state the full name of the appealing party as the petitioner and the adverse
party as respondent, without impleading the lower courts or judges thereof
Finding of facts: The findings of fact of the court or agency concerned, when either as petitioners or respondents;
supported by substantial evidence, shall be binding on the Court of Appeals. (b) indicate the material dates showing when notice of the judgment or final
order or resolution subject thereof was received, when a motion for new
Effect of appeal: The appeal shall not stay the award, judgment, final order or trial or reconsideration, if any, was filed and when notice of the denial
resolution sought to be reviewed unless the Court of Appeals shall direct thereof was received;
otherwise upon such terms as it may deem just. (c) set forth concisely a statement of the matters involved, and the reasons or
arguments relied on for the allowance of the petition;
Mode of appeal (d) be 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
RTC sitting as special agrarian court: court of the court a quo and the requisite number of plain copies thereof,
petition for review under Rule 42 not through an and such material portions of the record as would support the petition; and
ordinary appeal under Rule 41 (e) contain a sworn certification against forum shopping
RTC sitting as special commercial courts Dismissal or denial of petition: The failure of the petitioner to comply with any of
corporate rehabilitation and intra corporate controversy the requirements
To the CA through petition for review under Rule 43
Note: The Supreme Court may on its own initiative deny the petition on the
All appeals from the decisions of the Ombudsman in ground that:
administrative disciplinary cases are taken to the Court of Appeals 1. the appeal is without merit, or
by way of petition for review under Rule 43. 2. is prosecuted manifestly for delay, or
3. that the questions raised therein are too unsubstantial to require
Decision of a voluntary arbitrator - Rule 43 to the CA consideration.
Effect
determined by the Supreme Court, or has decided it in a way probably not unless enjoined or restrained
in accord with law or with the applicable decisions of the Supreme Court;
or
(b) When the court a quo has so far departed from the accepted and usual The parties are the The tribunal, board, officer
course of judicial proceedings, or so far sanctioned such departure by a original parties with the exercising judicial or quasi-
lower court, as to call for an exercise of the power of supervision. appealing party as the judicial functions is impleaded
Parties
petitioner and the adverse as respondent
Due course; elevation of records: If the petition is given due course, the Supreme party as respondent
Court may require the elevation of the complete record of the case or specified without impleading the
parts thereof within 15 days from notice. lower court or its judge
Filed with the SC Filed with the RTC, CA, SC
Juris
Rule applicable to both civil and criminal cases:
The mode of appeal prescribed in this Rule shall be applicable to both
civil and criminal cases
except in criminal cases where the penalty imposed is Cognate Rules
o death
o reclusion perpetua or o Stay of execution; exception
o life imprisonment.
GR: Judgment is not vacated by appeal, but is merely stayed and may be affirmed,
Q: Can a case decided by the RTC in the exercise of its appellate modified or reversed or findings of facts or conclusions of law may be adopted by
jurisdiction be appealed by way of a petition for review on certiorari reference.
under Rule 45?
Exception: Not applicable to civil cases under the Rules on Summary Procedure
A: No, where a case is decided by the RTC in the exercise of its which provides that the decision of the RTC in civil cases governed by said Rule
appellate jurisdiction, regardless of whether the appellant raises including forcible entry and unlawful detainer cases, shall be immediately
questions of fact, of law or mixed questions of fact and law, the executory without prejudice to a further appeal that maybe taken therefrom.
appeal shall be brought to the CA by filing a petition for review
under Rule 42 (Quezon City v. ABS-CBN Broadcasting o Question of facts vs. question of law
Corporation, GR No. 166408 October 6, 2008).
Question of law Question of fact
vs. petition for review under Rule 65: Exists when there is a doubt or exists when the doubt of
controversy as to what the law is on difference arises as to the
Rule 45 Rule 65 a certain state of facts. truth of falsehood of facts
Mode of appeal which Special civil action; an original One test whether the appellate court can determine the issue raised
seek to reviews final action. without reviewing or evaluating the evidence, in which case it is a
judgments and orders question of law, otherwise it will be a question of fact.
Nature
judgment or final order judgment, order or resolution period for filing, only the
appealed from sought to be assailed or from If decision is made by the RTC in its court may approve the
denial of MR or MNT original jurisdiction, notice of appeal record on appeal beyond
to the RTC must disclose where that period)
Period available is 15 days before the Period available is 15 days Perfection of appeal;
judgment becomes final and executor before the judgment - Notice of Appeal:upon the filing of the notice of appeal in due time.
becomes final and executor
- Record on Appeal:upon the approval of the record on appeal filed in due
time.
Except in civil cases decided under the Rule on Summary Procedure, the appeal
When record of appeal is required:
shall stay the judgment or final order unless the Court of Appeals, the law, or these
1. special proceedings and
Rules shall provide otherwise.
2. In other cases of multiple or separate appeals.
Duty of clerk of court of the lower court upon perfection of appeal: Within 30
It also includes an appeal from:
days after perfection, it shall be the duty of the clerk of court of the lower court:
1. Order of expropriation in eminent domain proceedings.
2. Judgment for recovery of property or partition with accounting.
(a) To verify the correctness of the original record or the record on appeal, as the
3. Judgment for or against one or more of several defendants leaving the
case may be aid to make certification of its correctness;
action to proceed against the others.
(b) To verify the completeness of the records that will be, transmitted to the
4. Foreclosure of mortgage.
appellate court;
(c) If found to be incomplete, to take such measures as may be required to
Forms and Contents:
complete the records, availing of the authority that he or the court may
a) The full names of all the parties to the proceedings shall be stated in the
exercise for this purpose; and
caption of the record on appeal and
(d) To transmit the records to the appellate court.
b) it shall include the judgment or final order from which the appeal is
taken and,
(2009) The filing of a motion for the reconsideration of the trial
c) in chronological order, copies of only such pleadings, petitions, motions
court’s decision results in the abandonment of a perfected appeal.
and all interlocutory orders as are related to the appealed judgment or
final order for the proper understanding of the issue involved,
SUGGESTED ANSWER:
d) together with such data as will show that the appeal was perfected on
FALSE. The trial court has lost jurisdiction after perfection of the
time.
appeal and so it can no longer entertain a motion for reconsideration.
e) If an issue of fact is to be raised on appeal, the record on appeal shall
include by reference all the evidence, testimonial and documentary,
ALTERNATIVE ANSWER: FALSE, because the appeal may be
taken upon the issue involved.
perfected as to one party but not yet perfected as to the other party
(3) Judgment of MTC on a land registration case based on its delegated (e) Judgment of the First Division of the Court of Tax Appeals affirming the RTC
jurisdiction. (1%) decision convicting his client for violation of the National Internal Revenue Code?
SUGGESTED ANSWER: The appeal should be filed with the Court SUGGESTED ANSWER:
of Appeals by filing a Notice of Appeal within 15 days from notice of By petition for review filed with the court of Tax Appeals (CTA) en
judgment or final order appealed from. (Sec. 34, Batas PambansaBlg. banc, within 30 days from receipt of the decision or ruling in
129, or the Judiciary Reorganization Act of 1980, as amended by question (Sec. 9 [b], Rule 9, Rev. Rules of CTA).
Republic Act No. 7691, March 25, 1994).
(2008) After receiving the adverse decision rendered against his
(4) A decision of the Court of Tax Appeal's First Division. (1%) client, the defendant, Atty. Sikat duly filed a notice of appeal. For his
part, the plaintiff timely filed a motion for partial new trial to seek an
SUGGESTED ANSWER: The decision of the Court of Tax Appeals increase in the monetary damages awarded. The RTC instead
Division may be appealed to the CTA en banc. The decisions of the rendered an amended decision further reducing the monetary
Court of Tax Appeals are no longer appealable to the Court of awards. Is it necessary for Atty. Sikat to file a second notice of appeal
Appeals. Under the modified appeal procedure, the decision of a after receiving the amended decision?
division of the CTA may be appealed to the CTA en banc. The
decision of the CTA en banc may in turn be directly appealed to the SUGGESTED ANSWER: Yes, it is necessary for Atty. Sikat to file a
Supreme Court by way of a petition for review on certiorari under second notice of appeal after receiving the amended decision. In
Rule 45 on questions of law. (Section 11, R.A. 9282, March 30, 2004). Magdalena Estate vs. Caluag (11 SCRA 333 [1964]), the Court ruled
that a party must re-take an appeal within fifteen [15) days from
(2009) On July 15, 2009, Atty. Manananggol was served copies of receipt of the amended ruling or decision, which stands in place of
numerous unfavorable judgments and orders. On July 29, 2009, he the old decision. It is in effect, a new decision.
filed motions for reconsideration which were denied. He received the
notices of denial of the motions for reconsideration on October 2, Problem: X filed a complaint for collection of sum of money against
2009, a Friday. He immediately informed his clients who, in turn, H and W with the RTC. In their answer, W admitted the load, but
uniformly instructed him to appeal. How, when and where should he H denied liability on the ground that his wife, not being the
pursue the appropriate remedy for each of the following: administrator, had no authority to bind the conjugal partnership. X
filed a motion for partial judgment based on W's admission, which
(a) Judgment of a Municipal Trial Court (MTC) pursuant to its delegated the trial court granted in a partial judgment dated May 14, 1996.
jurisdiction dismissing his client’s application for land registration? Counsel for H and W received a copy of the partial judgment on
A: No, the resolutions of the CA which petitioner seeks to nullify 2. The filing of CC 3454 before he expiration of the
are order of dismissal. An order of dismissal is a final order which is redemption period equivalent to a formal offer to redeem,
a proper subject of an appeal, not certiorari. If what is deign assailed and does it have the effect of preserving their right to
is a decision, final order or resolution of the CA, then appeal to the redeem?
SC is by means of a verified affidavit for review on certiorari under
Rule 45. It is not equivalent to a formal offer to redeem, and it does not have
the effect of preserving their right to redeem. It does not suspend
In cases where appeal is available, certiorari will not prosper even if the period to redeem.
the ground therefore is grave abuse of discretion.
EXCEPT - if the action is one to enforce the repurchase of the
Problem: BL filed with the RTC (FC) a petition for the declaration foreclosed property - has th effect of preserving the rights of the
of the presumptive death of her absent absent. After publication mortgagor to redeemed.
and hearing, the court rendered judgment granting the petition and
declaring the presumptive death of BL's husband. Within 15 days 3. May the court issue the writ of possession
from receipt of the decision, the SolGen filed a notice of appeal. The notwithstanding the pendency of the action for
annulment
Appeal by writ of error (writ of error simply means ordinary A: No. The conduct of the survey was not instigated by P, but upon
appeal). Assuming that the trial court erred in issuing the writ of the order of the RTC, besides, the parties and their lawyers agreed
possession, it's error is an error of judgment correctible only by to the relocation survey. The relocation survey is a factual issue
ordinary appeal. Rule 65 is not the proper remedy. which is a proper question for the RTC to inquire into. The result of
the survey is not ipso facto binding upon the parties even if they
Herrera vs. Ballos: the MTC dismissed the case for lack of consented to the survey, but only form part of the proofs on which
jurisdiction, and the RTC reversed the dismissal but rendered the RTC may base its decision.
judgment ejecting the defendants from the parcel of land involved,
and condemning them to pay damages and attorney's fees. This is
not correct. In case of reversal, the case shall be remanded to the
MTC for further proceedings.
SUMMARY:
PERIOD OF APPEAL
IF MR OR MNT WAS
MODE OF APPEAL PERIOD OF APPEAL ISSUES THAT MAY BE RAISED
FILED (Neypes
Doctrine)
Ordinary Appeal (MTC to RTC) Rule 40
a. Notice of Appeal Within 15 days after notice to the appellant of Within 15 days from Questions of fact or mixed questions
the judgment or final order appealed receipt of the order of fact and law.
denying the motion.
a. Notice of Appeal Within 15 days after notice to the appellant of Within 15 days from Questions of fact or of law or mixed
the judgment or final order appealed receipt of the order question of fact and law that has been
denying motion for raised in the court below and is within
months after such judgment or final order was entered, or such proceeding was
After finality of judgment and final orders taken
Relief From Judgment or Final Orders Contents: must be accompanied with affidavits showing the fraud, accident,
mistake, or excusable negligence relied upon, and the facts constituting the
A legal remedy whereby a party seeks to set aside judgment or final order rendered petitioner's good and substantial cause of action or defense, as the case may be.
against him by a court whenever he was unjustly derived of a hearing or was
prevented from taking an appeal because of FAME. Order to file an answer: If the petition is sufficient in form and substance to
- An equitable remedy allowed only in exceptional cases justify relief, the court in which it is filed, shall issue an order requiring the adverse
parties to answer the same.
Time for filing petition: filed within 60 days after the petitioner learns of the
judgment, final order, or other proceeding to be set aside, and not more than 6 Time to file an answer: within 15 days from the receipt thereof
Annulment of Judgment
Suspension prescriptive period: The prescriptive period for the refiling of the
aforesaid original action shall be deemed suspended from the filing of such original
Coverage: This Rule shall govern the annulment by the Court of Appeals of
action until the finality of the judgment of annulment.
judgments or final orders and resolutions in civil actions of Regional Trial Courts
- for which the ordinary remedies of new trial, appeal, petition for relief or
Note: However, the prescriptive period shall not be suspended where the
other appropriate remedies are no longer available through no fault of the
extrinsic-fraud is attributable to the plaintiff in the original action.
petitioner.
Relief available: The judgment of annulment may include the award of:
Grounds for annulment:
Damages
1. extrinsic fraud
attorney's fees
2. lack of jurisdiction.
other relief.
Note: Extrinsic fraud shall not be a valid ground if it was availed of, or could have
Already been executed: the court may issue such orders of restitution or other relief as
been availed of, in a motion for new trial or petition for relief. (n)
justice and equity may warrant under the circumstances.
Where to file:
It is an independent action must be filed to challenge the validity of judgment
whose nullity is not patent on its face
Judgment of RTC Judgment of MTC
Filed with the CA Filed with the RTC
Collateral Attack
Basis – It has exclusive original Basis – RTC as a court of general
jurisdiction over said action under jurisdiction under Sec. 19 (6), BP
It is made in another action to obtain a different relief; an attack on the judgment is
Sec. 9 (2), BP 129 129
made as an incident in said action. This is proper only when the judgment, on its
CA may dismiss the case outright; RTC has no such discretion. It is
face is null and void, as where it is patent that the court which rendered such
it has the discretion on whether or required to consider it as an
judgment has no jurisdiction
not to entertain the petition. ordinary civil action.
Exception: Duration of the writ: Such writ shall continue in effect during the period within
1. When there is ambiguity or uncertainty in the dispositive portion which the judgment may be enforced by motion.
2. Where extensive and explicit discussion and settlement of the issue is
found in the body of the decision Report: The officer shall make a report to the court every 30 days on the
proceedings taken thereon until the judgment is satisfied in full, or its effectivity
Address to: the ex officio sheriff not to the judgment obligor expires.
Note: The motion for execution and the writ of execution must state specifically By whom: on motion of the judgment obligee
the amount of interest, costs, damages, rents, or profits due as of the date of
issuance of the writ, aside from the principal obligation. How issued: Execution shall issue upon motion
Must comply with the 3 day notice rule, and 10 hearing rule
Note: Once a decision becomes final and executory, it is the ministerial duty of the Argument:
presiding judge to issue a writ of execution except in certain cases, as when Petitioner argues that the respondents failed to substantially
subsequent events would render execution of judgment unjust (Mangahas vs. comply with the rule on notice and hearing when they filed their
Paredes, GR 157866, Feb. 14, 2007). motion for the issuance of a writ of execution with the RTC.
Exception/ when execution shall e denied when execution shall e denied: The motion for execution of the Spouses Co is such kind of motion.
1. When the judgment has already been executed by the voluntary It cannot be denied that the judgment sought to be executed in this
compliance thereof by the parties case had already become final and executory. As such, the Spouses
2. When the judgment has been novated by the parties Co have every right to the issuance of a writ of execution and the
- Such as entering into a compromise RTC has the ministerial duty to enforce the same.
- Allowed even if there is already a judgment
3. When a petition for relief is filed and a preliminary injunction is granted DISCRETIONARY Execution
4. When the judgment sought to be executed is conditional
5. When facts and circumstances transpire which would render execution When:
inequitable or unjust 1. Execution pending appeal;
6. When execution is sought more than 5 years from its entry without the 2. Execution of several, separate or partial judgments
judgment having been revived;
7. When execution is sought against property exempt from execution How Construed:
- Must be strictly construed
When there is novation or compromise agreement after final
judgment and one of the parties did not follow the undertaking in Requisites:
the novation or compromise agreement – the remedy will be file a 1. There must be a motion filed by the prevailing party with notice to the
motion for writ of execution – execute now the final judgment adverse party;
2. There must be a hearing of the motion for discretionary execution;
San Buenaventura vs. Migrino, A.M. No. P-08-2574, January 22, 3. There must be good reasons to justify the discretionary execution; and
2014: the delay in the execution of the judgment could not be 4. The good reasons must be stated in a special order
wholly attributed to the respondent, but also to Acting Presiding
Judge Ongpauco as it concerned judicial orders issued by her. Good reasons:
- That favorable judgment may yield to an empty victory.
It must be pointed out that the subject decision in Civil Case No. - An order for immediate execution of the judgment on the ground that
6798 had already become final and executory. In fact, an entry of the appeal was frivolous and interposed only for delay is a serious error
judgment was already issued by the Supreme Court where the case The authority to dismiss it is with the appellate court
was elevated. Hence, as such, execution of the said decision should - Filing of a bond by the successful party – not a good reason
have been issued as a matter of right. - Financial distress – not a good reason
Instead of immediately ordering the execution of the final judgment, Execution of a judgment or final order pending appeal:
Judge Ongpauco allowed the case to drag on through several
resettings of the hearings of the case on such grounds as (1) the How: On motion of the prevailing party with notice to the adverse party
defendant not being around; (2) the records of the case were not yet
in the court’s possession; (3) the granting of the defendant’s motion Where to file:
and manifestation to submit his comment/opposition to plaintiff’s in the trial court while it has:
motion for execution; (4) the records of the case had been elevated jurisdiction over the case and
Judgment
Revival of Judgment:
The trial court may, on motion, issue such orders of restitution or reparation of
This means that from the date of the finality of judgment, no motion was
damages as equity and justice may warrant under the circumstances.
filed for the execution of said judgment, thus the need for its
enforcement by action.
Q: In a complaint filed by Granger for rescission and damages, the
RTC ruled against JP Latex, defendant. On Aug. 5, 2006, Granger
When to file: The action to revive a judgment must be filed within 10 years from
moved for the execution pending appeal of the decision. Upon
the date of judgment became final because an action to enforce a judgment
receipt of the decision, JP Latex filed a motion for reconsideration
prescribes in 10 years from the finality of the judgment.
(MR). The RTC granted the execution ―pending appeal‖ without
acting on the motion for reconsideration. Is the order of the trial
Nature of the revived judgment: A revived judgment is deemed a new judgment
court correct?
separate and distinct from the original judgment.
When the case was elevated by respondent to the CA, the PAO
Modes of execution of judgment:
continued to represent petitioners’ cause. As it was an appealed case,
the matter was referred to, and handled by, SAC-PAO in Manila.
Execution on Motion: within 5 years from the date of its entry.
For reasons known only to her, the respondent withdrew her appeal,
Where to file: court where the decision was rendered which resulted in the RTC-43 Decision becoming final and
executory. The petitioners, however, never knew of this because
Execution by Independent Action: if the five year period has elapsed when they followed up the case with PAO-Dumaguete, they were
and before it is barred by statute of limitations informed that the appeal was still pending.
Grant / Deny
Grant / Deny
Motion for
Revival of
execution
Judgment
writ of
(2009) C sued D for collection of a sum of money. During the trial, If the judgment obligee or his authorized representative is not present to
but after the presentation of plaintiff’s evidence, D died. Atty. Cruz, receive payment: the judgment obligor shall deliver the aforesaid payment to the
D’s counsel, then filed a motion to dismiss the action on the ground executing sheriff – turnover it to the clerk of court or if not practicable, deposit
of his client’s death. The court denied the motion to dismiss and, said amounts to a fiduciary account in the nearest government depository bank of
instead, directed counsel to furnish the court with the names and the RTC of the locality.
addresses of D’s heirs and ordered That the designated
administrator of D’s estate be substituted as representative party. (b) Satisfaction by levy / Execution Sale
After trial, the court rendered judgment in favor of C. When the
decision had become final and executory, C moved for the issuance Levy: It is the act by which an officer sets apart or appropriates a part of the whole
of a writ of execution against D’s estate to enforce his judgment of the property of the judgment debtor for purposes of the execution sale.
claim. The court issued the writ of execution. Was the court’s
issuance of the writ of execution proper? Explain. Resorted when: upon demand, the judgment obligor cannot pay the whole
amount in cash, certified bank checks or any other mode of payment acceptable to
SUGGESTED ANSWER: No, the issuance of a writ of execution by the judgment creditor.
the court is not proper and is in excess of jurisdiction, since the
judgment obligor is already dead when the writ was issued. The Option of the Judgment obligor: to immediately choose which property or part
judgment for money may only be enforced against the estate of the thereof may be levied upon, sufficient to satisfy the judgment.
deceased defendant in the probate proceedings, by way of a claim
filed with the probate court. C should enforce that judgment in his If the judgment obligor does not exercise the option:
favor in the settlement proceedings of the estate of D as a money the officer shall first levy on the personal properties, if any
claim in accordance with the Rule 86 or Rule 88 as the case may be. then on the real properties if the personal properties are insufficient to
answer for the judgment.
Grounds to Quash Writ of Execution
Note: The sheriff shall sell only a sufficient portion of the personal or real property
of the judgment obligor which has been levied upon.
1. When the writ of execution varies the judgment;
2. When there has been a change in the situation of the parties making the
Notice of sale of property on execution: Before the sale of property on execution,
execution inequitable or unjust;
notice thereof must be given as follows:
3. When execution is sought to be enforced against a property exempt from
execution;
(a) Perishable property, by posting written notice of the time and place of the
4. When it appears that the controversy has never been submitted to the
sale in 3 public places
judgment of the court;
5. When the terms of the judgment are not clear enough and there remains
Place of posting: Preferably in conspicuous areas of the:
room for interpretation thereof;
municipal or city hall
6. When it appears that the writ of execution has been improvidently
issued; post office
7. When it appears that the writ of execution is defective in substance, or is public market in the municipality or city where the sale is to take place,
issued against the wrong party, or that the judgment debt has been paid
or otherwise satisfied or the writ is issued without authority Time: For such time as may be reasonable, considering the character and condition
of the property;
Specific Rules
(b) Other personal property, by posting a similar notice in the 3 public places
above-mentioned for not less than 5 days;
Execution of judgments for money:
(c) Real property, by posting for 20 days in the 3 public places abovementioned a
1. Immediate payment on demand
similar notice particularly
2. Satisfaction by levy
3. Garnishment
Assessed value of the property exceeds P50,000: by publishing a copy of the
notice once a week 2 consecutive weeks in one newspaper selected by raffle,
(a) Immediate payment on demand: whether in English, Filipino, or any major regional language published, edited and
Contents of the Notice: Conveyance to purchaser of personal property not capable of manual
1. Description of the Property delivery: the officer making the sale must:
2. the place where the property is to be sold - may be agreed upon by the Execute and deliver to the purchaser a certificate of sale.
parties
Note: Such certificate conveys to the purchaser all the rights which the judgment
If no agreement: obligor had in such property as of the date of the levy on execution or preliminary
Not capable of manual delivery: office of the clerk of court of the RTC or attachment.
the MTC which issued the writ of or which was designated by the
appellate court. Conveyance of real property; Upon a sale of real property, the officer must give to
Personal property capable of manual delivery: the sale shall be held in the the purchaser a certificate of sale containing:
place where the property is located.
(a) A particular description of the real property sold;
3. date (b) The price paid for each distinct lot or parcel;
4. Exact time of the sale which should not be earlier than nine o'clock in the (c) The whole price paid by him;
morning and not later than two o'clock in the afternoon. (d) A statement that the right of redemption expires 1 year from the date of the
registration of the certificate of sale.
HOW PROPERTY SOLD ON EXECUTION
Registration: Such certificate must be registered in the registry of deeds of the
All sales of property under execution must be made at public auction, to the highest place where the property is situated.
bidder, to start at the exact time fixed in the notice.
Duty of the Sheriff:
NOTE: After sufficient property has been sold to satisfy the execution, no more 1. file with the Register of Deeds a copy of the order, description of the
shall be sold attached property and notice of attachment
2. Leaving with the occupant of the property copy of the same order,
When there is excess property: it shall be promptly delivered to the judgment description and notice.
obligor or his authorized representative, unless otherwise directed by the judgment
or order of the court. Certificate of sale where property claimed by third person: the certificate of
sale to be issued by the sheriff shall make express mention of the existence of such
Who may direct manner and order of sale: The judgment obligor, if present at the third-party claim.
sale, may direct the order in which property, real or personal shall be sold, when
such property consists of several known lots or parcels which can be sold to REDEMPTION:
advantage separately.
Who may redeem real property so sold:
Prohibition: Neither the officer conducting the execution sale, nor his deputies, can
become a purchaser, nor be interested directly or indirectly in any purchase at such a. The judgment obligor; or his successor in interest in the whole or any part of
sale. the property;
b. Redemptioner: A creditor having a lien by virtue of an attachment, judgment
Refusal of purchaser to pay: the officer may again sell the property to the highest or mortgage on the property sold, or on some part thereof, subsequent to the
bidder and shall not be responsible for any loss occasioned thereby; lien under which the property was sold.
Liability of the refusing purchaser: pay into the court the amount of such loss, When to redeem: may redeem the property at any time within 1 year from the
with costs, and may punish him for contempt if he disobeys the order date of the registration of the certificate of sale
The amount of such payment shall be for the benefit of the person
entitled to the proceeds of the execution How to redeem: by paying the purchaser the:
1. amount of his purchase
Judgment obligee as purchaser (alone): he need not pay the amount of the bid if it 2. with the per centum per month interest thereon in addition, up to the
does not exceed the amount of his judgment. time of redemption
If it does, he shall pay only the excess. 3. together with the amount of any assessments or taxes which the
purchaser may have paid thereon after purchase
Conveyance to purchaser of personal property capable of manual delivery: 4. Interest on such last named amount at the same rate;
the officer making the sale must:
1. Deliver the property to the purchaser
Note: in case redeem by a redemptioner: Property so redeemed may again be Recovery of price if sale not effective:
redeemed within 60 days after the last redemption
Instances: If the purchaser of real property sold on execution, or his successor in
Notice to be given: Written notice of any redemption must be given to the officer interest, fails to recover the possession thereof, or is evicted therefrom, in
who made the sale and a duplicate filed with the registry of deeds of the place consequence of:
1. irregularities in the proceedings concerning the sale, or
Effect of redemption by judgment obligor: If the judgment obligor redeems he 2. because the judgment has been reversed or set aside, or
must make the same payments 3. because the property sold was exempt from execution, or
Whereupon, no further redemption shall be allowed and he is restored to 4. because a third person has vindicated his claim to the property
his estate.
Remedy:
Duty of the person to whom the redemption payment is made: must execute and (1) he may on motion in the same action or in a separate action recover from
deliver to him a certificate of redemption acknowledged before a notary public or the judgment obligee the price paid, with interest, or so much thereof as
other officer authorized to take acknowledgments of conveyances of real property. has not been delivered to the judgment obligor,
(2) he may, on motion, have the original judgment revived in his name for
Where to file the certificate: filed and recorded in the registry of deeds of the place the whole price with interest, or so much thereof as has been delivered
in which the property is situated and the registrar of deeds must note the record to the judgment obligor.
thereof on the margin of the record of the certificate of sale.
Effect of the revived judgment: the same force and effect as an original judgment
To whom payments on redemption made: may be made to the: would have as of the date of the revival and no more.
purchaser or
redemptioner, or If after the period of redemption the judgment obligor or any person authorized to
to the officer who made the sale. possess the property refuse to vacate the premises – the remedy of the higher
bidder or purchaser is to file an ejectment case.
Proof required of redemptioner:
copy of the judgment or final order under which he claims the right to (c) Garnishment of debts and credits
redeem, certified by the clerk of the court wherein the judgment or final
order is entered Garnishment: It is the act of appropriation by the court when the property of the
if he redeems upon a mortgage or other lien, a memorandum of the record debtor is in the hands of third persons.
thereof, certified by the registrar of deeds, or an original or certified copy
of any assignment necessary to establish his claim; Note: The garnishee or the third person who is in the possession of the property of
an affidavit executed by him or his agent, showing the amount then the judgment debtor is deemed a forced intervenor.
actually due on the lien.
Attachment Garnishment
Manner of using premises pending redemption; a person in possession of the Refers to corporeal Refers to money, stocks, credits and other
property at the time of the sale, or entitled to possession afterwards, during the property in the incorporeal property which belong to the
period allowed for redemption, to continue to use it in the same manner in which it possession of the judgment debtor but is in the possession
was previously used, or to use it in the ordinary course of husbandry; or to make the judgment debtor. or under the control of a third person.
necessary repairs to buildings thereon while he occupies the property.
Levy shall be made by serving notice upon the person owing such debts or having
Waste restrained: Until the expiration of the time allowed for redemption, the in his possession or control such credits to which the judgment obligor is entitled.
court may, as in other proper cases, restrain the commission of waste on the
property by injunction, on the application of the purchaser or the judgment obligee, Duty of the Garnishee:
with or without notice; Make a written report to the court within 5 days from service of the
notice of garnishment stating whether or not the judgment obligor has
Rents, earnings and income of property pending redemption: shall belong to the sufficient funds or credits to satisfy the amount of the judgment.
judgment obligor until the expiration of his period of redemption. If not, the report shall state how much funds or credits the garnishee
holds for the judgment obligor.
IN case of no redemption: the purchaser is entitled to a conveyance and possession
of the property. Delivery of the garnished amount: shall be delivered directly to the judgment
the purchaser or redemptioner shall be substituted to and acquire all the obligee within 10 working days from service of notice on said garnishee requiring
rights, title, interest and claim of the judgment obligor to the property as such delivery
of the time of the levy. except the lawful fees which shall be paid directly to the court.
A: A motion may be filed for a court order requiring the proper bank Who files: issued upon motion of the judgment obligee
officer to appear in court for examination under oath as to such bank
deposit, and subsequently move for a court order authorizing the When: after the hearing and after the former has failed to remove the same within
filing of an action against such bank for the recovery of the judgment a reasonable time fixed by the court.
obligor’s deposit/interest therein and to forbid a transfer or other
disposition of such deposit/interest within 120 days from notice of When granted: a writ of demolition shall be issued
the order (Secs. 37 and 43).(2008 Bar Question)
The party fails to comply within the time specified: the court may direct the act
Execution of judgments for specific act: to be done at the cost of the disobedient party by some other person appointed by
the court and the act when so done shall have like effect as if done by the party.
Judgments for
Manner of Execution
Specific Act Execution of special judgments:
Conveyance, Court can appoint some other person at the
delivery of deeds, expense of the disobedient party and the It is a judgment that can be complied with only by the obligor himself.
or other specific act done shall have the same effect as if the It requires the performance of any other act other than payment of
acts, vesting title. required party performed it. money, or the sale or delivery of real or personal property.
Sale of real and Sell such property and apply the proceeds
personal property in conformity with the judgment. Failure to comply: punishable by contempt by imprisonment.
If the party refuses to deliver, a writ of
execution directing the sheriff to cause the Effect of judgments or final orders:
defendant to vacate is in the nature of a
haberefaciaspossesionemand authorizes the In case of a judgment or final order against a:
Delivery or sheriff to break open the premises where specific thing
the judgment or final order is
restitution of real there is no occupant therein. the administration of the estate
conclusive upon the title to
property of a deceased person
the thing, the will or
If party refuses to vacate property, remedy is not in respect to the personal,
administration or the
political, or legal condition or
contempt. The sheriff must oust the party. condition, status or
status of a particular person or
But if demolition is involved, there must be relationship of the person
his relationship to another
a special order.
in respect to the probate of a will shall only be prima facie
Removal of General Rule: the officer shall not destroy,
or granting of letters of evidence of the death of the
improvements on demolish or remove said improvements
administration testator or intestate
property subject of
execution Exception: upon special order of the court
In other cases
Delivery of The officer shall take possession and deliver
personal property to the party entitled thereto. with respect to the matter conclusive between the parties
directly adjudged or as to any and their successors in interest, by
other matter that could have title subsequent to the
Delivery or restitution of real property:
been missed in relation commencement of the action or
thereto special proceeding, litigating for
The officer shall demand of the person against whom the judgment for the delivery
the same thing and under the same
or restitution of real property is rendered
title and in the same capacity
All persons claiming rights under him to peaceably vacate the property within 3
working days, and restore possession thereof to the judgment obligee Can a foreign judgment be enforce in the Philippine
SUGGESTED ANSWER: Example: support pendente lite, main case may be support, annulment of marriage
Yes, a global injunction issued by a foreign court to prevent when there are children that are affected
dissipation of funds against a defendant who has assets in the
Philippines may be enforced in our jurisdiction, subject to our Purposes:
procedural laws. As a general rule, no sovereign is bound to give 1. To preserve or protect the parties rights and interest while the main
effect within its dominion to a judgment or order of a tribunal of action is pending
another country. However, under the rules of comity, utility and 2. To secure the judgment
convenience, nations have established a usage among civilized 3. To preserve the status quo
states by which final judgments of foreign courts of competent 4. To preserve the subject matter of the action
jurisdiction are reciprocally respected and rendered efficacious
under certain conditions that may vary in different countries Court which has the jurisdiction:
- the court which has jurisdiction of the main action
Properties Exempt from Execution
Kinds
On balance, it is unreasonable and unjust for Reyes to object to the 3. Levy on execution - issued after trial and final judgment to satisfy an
deposit of the P10 million down payment. The application of equity obligation
always involves a balancing of the equities in a particular case, a
matter addressed to the sound discretion of the court. Three stages in attachment
1. Order granting the application
Thus, a court may not permit a seller to retain, pendente lite, money - there is no need of jurisdiction over the person of the
paid by a buyer if the seller himself seeks rescission of the sale defendant
because he has subsequently sold the same property to another
- The issuance is ex parte
buyer.
A plaintiff or any proper party may have the property of the adverse party attached The rule will not apply if the purpose of the PA is to acquire
as security for the satisfaction of any judgment that may be recovered jurisdiction over the person of the defendant – there must be
Special function
Q: What is the rationale for allowing the ex parte issuance of a writ
to acquire jurisdiction over the person of the defendant
of preliminary attatchment?
Therefore effectively converting the action to personam
to In rem A: An ex parte issuance of the writ is intended to preempt any
possible disposition of property by the adverse property to the
Attachment vs. Garnishment: detriment of the attaching creditor and thus defeat the very purpose
Attachment Garnishment of attachment
Only two parties There are three parties
Officer takes actual possession No actual seizure of property Note: while a writ of attachment may be issued ex parte, a motion to quash the
of the property and a specific and no specific lien is acquired writ may not be granted without reasonable notice to the applicant
lien is acquired - there must be a hearing
Directed against tangibles Usually directed to intangibles
Who issues:
When to file: At the commencement of the action or at any time before entry of 1. The judge of any court in which the action is pending
judgment 2. A Justice of the Court of Appeals
3. A Justice of the Supreme Court
Who may apply: a plaintiff or any proper party
When not issued:
Grounds upon which attachment may issue: 1. party makes deposit or gives a bond
(a) In an action for the recovery of a specified amount of money or damages Amount:equal to that fixed in the order or the value of the property to be attached
as stated by the applicant, exclusive of costs
Exception:
- other than moral and exemplary, on a cause of action arising from law, 2. An action for moral and exemplary damages
contract, quasi-contract, delict or quasi-delict 3. When the indebtedness is secured, EXCEPT
- against a party who is about to depart from the Philippines with intent to a. The plaintiff abandons his security and brings an ordinary
defraud his creditors; action for the recovery of the debt
b. There is foreclosure and the creditor shows by affidavit that
(b) In an action for money or property embezzled or fraudulently misapplied or the proceeds from the sale of the property of the debtor
converted to his own use by a public officer, or an officer of a corporation, or would not be sufficient to answer the obligation
an 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 Rule on prior contemporaneous jurisdiction:
duty;
The applicant must serve with summons, the complaint and the affidavit and to
(c) In an action to recover the possession of property unjustly or fraudulently taken, the bond to the defendant
detained or converted, when the property, or any part thereof, has been
concealed, removed, or disposed of to prevent its being found or taken by the Except:
applicant or an authorized person; 1. where the summons cannot be served personally or by substituted
service despite diligent effort
(d) In an action against a party who has been guilty of a fraud in contracting the debt or 2. Defendant is resident of the Philippines temporary absent
incurring the obligation upon which the action is brought, or in the 3. Defendant is non resident
performance thereof; 4. Action is one in rem or quasi in rem
(e) In an action against a party who has removed or disposed of his property, or is Q: Alfred filed an action against Banjo for collection of sum of
about to do so, with intent to defraud his creditors; or money with an ex-parte application for a writ of preliminary
attachment which was granted by the trial court. A notice of
(f) In an action against a party who does not reside and is not found in the garnishment was served by the sheriff upon the bank and summons
Philippines, or on whom summons may be served by publication. was subsequently served upon Banjo. Banjo then filed a motion to
dissolve the writ of preliminary attachment on the ground that the
Note: Insolvency of defendant is not a ground for attachment especially when court did not acquire jurisdiction over his person as the writ was
defendant has not been shown to have committed any act intended to defraud its served ahead of the summons. Resolve the motion.
creditors
A: The motion should be denied. The fact that the writ of
How issued: preliminary attachment was served ahead of the summons did not
Condition of applicant's bond: The party applying for the order must thereafter Effect of attachment of interests in property belonging to the estate of a
give a bond executed to the adverse party in the amount fixed by the court decedent: shall not impair the powers of the executor, administrator, or other
conditioned that the latter will pay all the costs which may be adjudged personal representative of the decedent over such property for the purpose of
to the adverse party and all damages which he may sustain by reason of administration.
the attachment, if the court shall finally adjudge that the applicant was
not entitled thereto. Examination of party whose property is attached and persons indebted to him
or controlling his property; delivery of property to sheriff: may be required to
Manner of attaching property: The sheriff enforcing the writ shall without delay attend before the court in which the action is pending, or before a commissioner
and with all reasonable diligence attach, to await judgment and execution in the appointed by the court, and be examined on oath respecting the same.
action The party whose property is attached may also be required to attend for
the purpose of giving information respecting his property, and may be
Recording of attached real or personal property: examined on oath.
The court may, after such examination, order personal property capable
Real and personal property shall be attached by the sheriff executing the writ in the of manual delivery belonging to him, in the possession of the person so
following manner: required to attend before the court, to be delivered to the clerk of the
court or sheriff on such terms as may be just, having reference to any lien
1. Real property, or growing crops thereon, or any interest therein - by thereon or claim against the same, to await the judgment in the action.
filing with the registry of deeds a copy of the order, together with a
description of the property attached, and a notice that it is attached, or When attached property may be sold after levy on attachment and before
that such real property and any interest therein held by or standing in the entry of judgment: the proceeds of such sale to be deposited in court to abide the
name of such other person are attached judgment in the action.
by leaving a copy of such order, description, and notice with 1. perishable, or
the occupant of the property, if any, or with such other person 2. that the interests of all the parties to the action will be subserved by the
or his agent if found within the province. sale thereof
2. Personal property capable of manual delivery - by taking and safely Properties exempt from attachment
keeping it in his custody, after issuing the corresponding receipt therefor. 1. Family home
2. Title not in the defendant's name unless it is shown that he has
3. Stocks or shares, or an interest in stocks or shares, of any corporation beneficial interest
or company - by leaving with the president or managing agent thereof, a 3. Laborer's wages except debts incurred for food, clothing and medical
copy of the writ, and a notice stating that the stock or interest of the attention
party against whom the attachment is issued is attached in pursuance of
such writ; REMEDIES OF DEFENDANT:
4. Debts and credits, including bank deposits, financial interest, Discharge of attachment upon giving counter-bond
royalties, commissions and other personal property not capable of
manual delivery - by leaving with the person owing such debts, or
Balance due collected upon an execution; Whenever the judgment shall have
That the bond is insufficient.
been paid, the sheriff, upon reasonable demand, must return to the judgment
obligor the attached property remaining in his hands, and any proceeds of the sale
If the attachment is excessive, the discharge shall be limited to the excess.
of the property attached not applied to the judgment.
What should the court do if a motion for reconsideration is filed on the order
Recovery upon the counter-bond: When the judgment has become executory,
granting the issuance of a writ of attachment?
the surety or sureties on any counter-bond given to secure the payment of the
The MT is considered as a motion for the discharge of the
judgment shall become charged on such counter-bond and bound to pay the
attachment
judgment obligee upon demand the amount due under the judgment, which
Should have conducted a hearing or require the
amount may be recovered from such surety or sureties after notice and summary
submissions of counter affidavit
hearing in the same action.
Q: May it be lifted on the ground that there was a compromise Disposition of money deposited: it shall be applied under the direction of the
agreement? court to the satisfaction of any judgment rendered in favor of the attaching party
A: NO. An attachment lien continues until the debt is paid, or until When there is balance: it shall be refunded to the depositor or his assignee.
the judgment is satisfied or the attachment is discharged or vacated.
If the judgment is in favor of the party against whom attachment was issued, the
Q: May a writ of preliminary attachment be lifted by a substitute of whole sum deposited must be refunded to him or his assignee.
the attachment property with another property?
Disposition of attached property where judgment is for party against whom
A: NO. Not allowed. Cannot be discharged except as provided by attachment was issued:
law
What to deliver:
Q: May be discharged on the alleged absence of fraud in contracting
When to file:before the trial or before appeal is perfected or before the judgment A: motion denied. Notice to the defendant for the issuance is not
becomes executory required since it may be issued ex parte
Notice:with due notice to the attaching party and his surety or sureties
When awarded:Such damages may be awarded only after proper hearing and shall be
included in the judgment on the main case. Q: where the writ of preliminary attachment is issued ex parte, may
levy pursuant to such writ be made before the defendant is
(2) If the judgment of the appellate court be favorable to the party against summoned?
whom the attachment was issued
A: no. Implementation of the writ, issued ex parte cannot be made
When to Claim:he must claim damages sustained during the pendency of the appeal validly unless the defendant is first summoned
by filing an application in the appellate court,
with notice to the party in whose favor the attachment was issued or his
surety or sureties Problem: De Leon was the registered owner of lot no. 10 covered by
before the judgment of the appellate court becomes executory. TCT 582. In January 1989, de Leon sold the lot to Du under a deed of
conditional sale. On April 28, 1989, de Leon again sold the same lot
G.R. No. 171124 February 13, 2008 to Caliwag. As a result, TCT 582 was cancelled and TCT 2200 was
ALEJANDRO NG WEE vs. MANUEL TANKIANSEE issued in Favor of Caliwag.
For a writ of attachment to issue under this rule, the applicant Meanwhile, Stronghold insurance filed a civil case against Caliwag
must sufficiently show the factual circumstances of the alleged for allegedly defrauding stronghold. The civil action is accompanied
fraud because fraudulent intent cannot be inferred from the by a prayer for writ of preliminary attachment. On August 7, 1990,
debtor's mere non-payment of the debt or failure to comply with the levy on attachment was annotated at the back of TCT 2200.
his obligation. The applicant must then be able to demonstrate that
the debtor has intended to defraud the creditor. On December 21, 1990, Du filed an action against de Leon and
Caliwag for the annulment of the sale by de Leon in favor Caliwag.
Let it be stressed that the provisional remedy of preliminary Du's action is anchored on her deed of conditional sale.
attachment is harsh and rigorous for it exposes the debtor to
humiliation and annoyance. The rules governing its issuance are, On January 3, 1992, Du caused a notice of lies pendent to be
therefore, strictly construed against the applicant, such that if the recorded and annotated on TCT 2200.
requisites for its grant are not shown to be all present, the court
shall refrain from issuing it, for, otherwise, the court which issues it On February 11, 1991, a decision was handed down in the case of
acts in excess of its jurisdiction. Stronghold, ordering Caliwag to pay Stronghold the sum of P8.6
million. On March 12, 1991, a notice of levy on execution was
PNCC vs. HON. AMALIA F. DY, G.R. No. 156887. October 3, 2005 annotated on TCT 2200. The attached property was sold in public
sale. TCT 2200 was cancelled and TCT 6444 was issued in favor of
What was missing and what should have been alleged in the Stronghold.
affidavit of merit was that the disposition of assets was attended by
the so-called badges of fraud, i.e., inadequate consideration, On August 5, 1992, Du was able to secure a favorable judgment
fictitious sale, etc. As it is, the affidavit does not contain sufficient against de Leon and Caliwag. The judgment become final and
concrete and specific grounds to sustain the issuance of the Writ of executory.
Preliminary Attachment. Mere general averments render the writ
defective and the court that ordered its issuance acted with grave Now, Du files an action against stronghold for the cancellation of
abuse of discretion tantamount to excess of jurisdiction. txt 6444. Du claims priority rights over the property by virtue of her
unregistered deed of conditional sale and her notice of lies pendens
Q: May the salary check of a government officer be garnished? recorded on January 3, 1991.
Although Du had caused a notice of lies pendens to be annotated Important requisites for the issuance of writ of preliminary injunction:
before the lot was sold in a public sale, still Stronghold has a 1. The existence of a clear and unmistakably right that must be protected
superior right ps because the rule is that the subsequent sale of the 2. An urgent and paramount necessity for the writ to prevent serious
property to the attaching creditor retroacts to the date of levy. damage
A preliminary injunction is an order granted at any stage of an action or proceeding Q: the Spouses Dungog entered into a contract with Gothong lines
prior to the judgment or final order, requiring a party or a court, agency or a person over a parcel of land which included a lot belonging to Filipe, their
to refrain from a particular act or acts. son, who authorized them to sell. Since the delivery of the land,
Gothong constructed a road right of way through Filipe's lot to
Nature of the power: the grant or denial is discretionary upon the trial court maintain access to the other oar les of land delivered to it. Due to its
failure to pay subsequent installments, the spouses threatened to
Basic purpose: is designed to prevent future injury and maintain the status quo, the cancel the contract and deny its passage through Filipe's lot, hence it
last actual, peaceful and uncontested status preceding the controversy. filed a petition for injunction with prayer for a TRO to maintain the
status quo as the spouses were about to close the right of way. Will
Distinguish a main action for injunction from a preliminary injunction the petition prosper?
A: yes, because Gothong lines has a real right to preserve, that is, the
Injunction as an ancillary
Injunction as a main action status quo ante litem Moran where it had access to lots subject if the
remedy
contract through entrance gate on Filipe's property. The issuance of
Exist as an incident to a Independent action
PI is proper when the plaintiff appears entitled to the relief
principal action
demanded in the complaint and its issuance would preserve the
Seeks to preserve the status Seeks a judgment embodying a final
status quo that existed prior to the filing of the case until the issue in
quo or to prevent future injunction, to enjoin the defendant
their respective rights and obligations under the contract is
wrongs in order to preserve from the commission or continuance
determined after the trial.
and protect certain interests of a specific act, or to compel a
or rights during the particular act in violation of the
Who may grant preliminary injunction: granted by the:
pendency of the action rights of the applicant
1. Court where the action or proceeding is pending.
2. Court of Appeals
Distinctions among a preliminary injunction, prohibition and status quo order:
3. Supreme court
4. A judge of RTC in any action pending before an inferior court within
Injunction Prohibition Status Quo Order
its district
Directed against a Directed against a court, Directed against the adverse
5. Inferior court in proper cases like FEUD within their jurisdiction
party in an action tribunal or person party and is issued by the
exercising judicial court motupropio
Grounds for issuance of preliminary injunction:
powers
Does not involve the Issued on the ground Cease and Desist Order
(a) That the applicant is entitled to the relief demanded, and the whole or part of
jurisdiction of the that the court against intended to maintain the last,
such relief consists in restraining the commission or continuance of the act or
court whom the writ is sought actual, peaceable and
acts complained of, or in requiring the performance of an act or acts either for
acted without or in uncontested state of things
a limited period or perpetually;
excess of jurisdiction preceding the controversy
without requiring the doing
(b) That the commission, continuance or non-performance of the act or acts
or undoing of an act
complained of during the litigation would probably work injustice to the
May be the main Special Civil Action /
applicant; or
action (final Main action
injunction) or
(c) That a party, court, agency or a person is doing, threatening, or is attempting
provisional remedy
to do, or is procuring or suffering to be done some act or acts probably in
violation of the rights of the applicant respecting the subject of the action or
Kinds of Injunction:
proceeding, and tending to render the judgment ineffectual.
Limitations against the issuance of a writ of Preliminary Injunction: the writ When issued: acted upon only after all parties are heard in a summary hearing
may not issue:
1. Ex parte When Conducted: conducted within 24 hours after the sheriff's return of service
2. Where there is no irreparable injury and/or the records are received by the branch selected by raffle and to which the
3. Against court or tribunal of co-equal rank or quasi-judicial body of co- records shall be transmitted immediately.
equal rank
Effectivity: effective only for a period of 20 days from service on the party or person
As a rule, the RTC cannot enjoin the execution of a judgement of the NLRC. sought to be enjoined.
The exception is when there is a third party claim.
Exceptions:
4. To transfer possession where title is not clear 1. If issued by the Court of Appeals or a member thereof, effective for 60
days from service on the party or person sought to be enjoined.
Except: FEUD case or in action for recovery where title is clear and cannot be 2. A restraining order issued by the Supreme Court or a member thereof
attacked collaterally shall be effective until further orders.
5. To restrain criminal prosecution Within the said twenty-day period, the court must order said party or person to
6. Against disposing of the case on the merits show cause, at a specified time and place, why the injunction should not be
7. Against consummated acts granted, determine within the same period whether or not the preliminary
8. To retrain collection of taxes injunction shall be granted, and accordingly issue the corresponding order. (Bar
Matter No. 803, 17 February 1998)
Except: where there are circumstances that bear the existence of irreparable injury
Note: the court cannot issue ex parte a status quo order which operate as TRO or
Requirements for the issuance of the writ: A PI or TRO may be granted only injunction
when:
A second TRO is Void
(a) The application in the action or proceeding is verified, and shows facts
entitling the applicant to the relief demanded; and Remedy: issue an injunction
(b) Unless exempted by the court the applicant files a bond executed to the
Q: Is a second application for preliminary injunction allowed?
party or person enjoined
Exeptions:
Effectivity: effective for only 72 hours from issuance
1. where the summons could not be served personally or by substituted
service despite diligent efforts,
Thereafter, within the aforesaid 72 hours, the judge before whom the case is
2. the adverse party is a resident of the Philippines temporarily absent
pending shall conduct a summary hearing to determine whether the temporary
therefrom
restraining order shall be extended until the application for preliminary injunction
3. is a nonresident
can be heard.
Denial of the application for preliminary injunction: the temporary restraining Is it sufficient ground to dissolve an injunction if the defendant posts a bond
order is deemed, automatically vacated. - No, it is not sufficient, the granting or dissolution of the PI is a matter or
discretion of the court.
Note: The effectivity of a TRO is not extendible without need of any judicial
declaration to that effect and no court shall have authority to extend or renew the Service of copies of bonds; the party filing a bond in shall forthwith serve a copy
same on the same ground for which it was issued. of such bond on the other party, who may except to the sufficiency of the bond, or
of the surety or sureties thereon.
Note: when there is no resolution after the 72 hours or 20 days it
means that there is nothing to enjoined unless the parties agree to Effect of disapproval of the bond:
maintain status quo Applicant’s bond - the injunction shall be dissolved
the bond of the adverse party - the injunction shall be granted or
Preliminary restored
Temporary Restraining Order
Injunction
Specie of preliminary injunction to maintain When final injunction granted: If after the trial of the action it appears that the
status quo before the resolution of the writ of applicant is entitled to have the act or acts complained of permanently enjoined
preliminary injunction on the ground of
irreparable injury Gordillo vs. Del Rosario, 39 Phil 829: the prayer for injunction relief
Effective during Duration (non-extendible): should not be granted for the purpose of taking the property, the
the pendency of 1. If issued by RTC/MTC – 20days from legal title to which is in dispute, out of possession of one person and
the action unless notice to person restrained putting it to the hands of another before the right of ownership is
earlier dissolved 2. If issued by CA – 60 days from notice determined.
3. If issued by SC – until lifted
Q: May the CHR issue a writ of injunction? If not, what should it do?
Note: Prohibition against the renewal applies
only if the same is sought under and by reason A: No, the CHR is not a judicial or quasi-judicial body, hence
of the same ground for which it was originally without authority to issue injunction or restraining order. In that
issued case, its remedy is to seek assistance of proper courts for injunctive
remedies.
Note: TRO is deemed automatically lifted
after the expiration of the effectivity period Q: A with use of force entered into the premises belonging to B. The
Notice and GR: Notice and hearing required latter demanded the vacation of the premises but the former refused
hearing always to vacate. Your services were engaged by B to enforce his right. What
required EX: ex parte TRO action would you file?
A: I would file an action for forcible entry with prayer for the
Can be issued to Cannot be issued to compel the performance
issuance of preliminary mandatory injunction in order to compel A
compel the of an act
to vacate the premises. Under the rule, PMI may be granted when it
performance of an
is established that a person refuses to perform an act complained of
act
during the litigation which would probably work injustice to the
applicant, in this case, A refused to vacate the premises which he
Grounds for objection to, or for motion of dissolution of, injunction or
occupied without the knowledge and consent of B, thus, resulting to
restraining order:
injustice to B as he was deprived of the right to use his property.
1. upon a showing of its insufficiency
2. upon affidavits of the party or person enjoined, which may be opposed by
Instances when an injunction is proper
the applicant also by affidavits.
1. In a petition for certiorari, prohibition, mandamus
3. if it appears that although the applicant is entitled to the injunction or
2. In a petition for relief from judgment
restraining order, the issuance or continuance thereof, as the case may be,
3. In an action for annulment of judgment, or to enjoin the enforcement of
would cause irreparable damage to the party or person enjoined while
the same on the grounds of fraud, collusion or lack of jurisdiction of the
the applicant can be fully compensated for such damages as he may suffer
court rendering it
4. To restrain the threatened enforcement of an invalid law
Bond: Theparty enjoined files a bond in an amount fixed by the court conditioned
5. To restrain continued breach of valid negative obligation;
that he will pay all damages which the applicant may suffer by the denial or the
6. To enjoin repeated trespass on land;
dissolution of the injunction or restraining order.
In case the bond of the adverse party is found to be insufficient in amount: the
Nature:
receiver shall be appointed or re-appointed, as the case may be.
both a form of principal remedy and a provisional relief.
o mixed action; partly in rem and partly in personam
General Powers of receiver:
o In rem - recovery of specific personal property
1. the power to bring and defend, in such capacity, actions in his own name;
o In personam - claim for damages
2. to take and keep possession of the property in controversy;
3. to receive rents;
a provisional remedy in the nature of possessory action
4. to collect debts due to himself as receiver or to the fund, property, estate,
o the applicant need not be a holder of legal title
person, or corporation of which he is the receiver;
o It is sufficient the is entitled to the possession thereof
5. to compound for and compromise the same;
6. to make transfers;
Note: Replevin will not lie for property under custodia legis.
7. to pay outstanding debts;
8. to divide the money and other property that shall remain among the
Replevin vs. Preliminary Attachment:
persons legally entitled to receive the same;
Replevin Preliminary Attachment
9. generally to do such acts respecting the property as the court may
Recovery of possession of Available even if recovery of
authorize.
personal property is the principal personal property is only an
relief and damages are incidental incidental relief
Liability for refusal or neglect to deliver property to receiver:
This is available before defendant Available from commencement
may be punished for contempt
files an answer but before entry of judgment
shall be liable to the receiver for the money or the value of the property
Available only where defendant is May be resorted to even if
and other things so refused or neglected to be surrendered
in actual or constructive personal property is in the
together with all damages that may have been sustained by the party or
possession of personal property custody of a third person
parties entitled thereto as a consequence of such refusal or neglect
involved
Extends only to personal Extends to all kinds of property
Grounds to discharge receiver:
property capable of manual whether real, personal or
1. Posting of counterbond by adverse party
delivery incorporeal
Used to recover personal Recover property being
Note: Where counterbond is insufficient or defective, receiver may be re-appointed
property even if not being concealed, removed or disposed
concealed, removed or disposed
2. Appointment of receiver was made without sufficient cause
3. Insufficient or defective applicant’s bond Cannot be availed of when Can be resorted to even if
4. Insufficient or defective receiver’s bond property is in custodialegis(under property is in custodialegis
5. Receiver no longer necessary attachment) or seized under
search warrant
Termination of receivership; Property of GOCCs cannot be Properties of GOCCs may be
1. By court motupropio or on motion by either party reached reached if utilized in its
2. Based on the following grounds: proprietary function.
a. Necessity for receiver no longer exists Sheriff takes possession of the Sheriff does not take possession
b. Receiver asserts ownership over the property property subject of the replevin of the property attached except
3. After due notice and hearing to all interested party and hold the same for a period of contructively placing it under
5 days after which said property custodia legis.
Upon the dismissal of the complaint for replevin the court may direct the plaintiff
Subject matter: personal property but it cannot be incorporeal property
to release the property to the defendant despite the appeal by defendant from the
dismissal of his counterclaim.
When to file: at the commencement of the action or at any time before answer is
served
When shall an application for damages be applied? Before judgment is
executory
Jurisdictional Requirements:
(a) That the applicant is the owner of the property claimed
Note: the writ of replevin is addressed to the sheriff
(b) Detailed description of the personal property
(c) That the property is wrongfully detained by the adverse party, alleging the
cause of detention thereof according to the best of his knowledge, May a property seized by a search warrant be the subject of replevin?
information, and belief ;
(d) That the property has not been distrained or taken for a tax assessment or a It depends. No if it illegally possessed. Yes if legally possessed.
fine pursuant to law, or seized under a writ of execution or preliminary
attachment, or otherwise placed under custodialegis, or if so seized, that it May the issue of ownership be resolved in a replevin suit?
is exempt from such seizure or custody;
(e) The actual market value of the property. Yes, if issue of ownership is raised.
Bond:The applicant must also give a bond, executed to the adverse party May a motion to discharge the writ of replevin on the ground that it was
improperly issued be allowed?
Amount of the bond:in double the value of the property
No. The remedy of the defendant is under Section 5 (Return of
Return of property: If the adverse party objects to the: property) and Section 6 (Disposition of property by sheriff)
1. sufficiency of the applicant's bond
2. of the surety or sureties thereon What is the remedy of the defendant where a complaint for replevin was dismissed,
but the plaintiff refused to return the property seized?
BUT: he cannot immediately require the return of the property
The dismissal of a replevin case after seizure carries with it the
Remedy for the return of property seized:
return of seized property enforceable by execution.
The defendant must, within 5 days from the date the sheriff took possession of the
property
During the pendency of a replevin suit filed by X against Y, the later filed an
1. Put up a bond in double the value of the chattel (Redelivery Bond)
action for damages against X due to the seizure of the property. Is the action
2. Furnish the plaintiff with a copy of the undertaking
proper? Why?
Note: both requirements are mandatory.
No, any claim for damages due to seizure of property in replevin
Disposition of property by sheriff: If within five (5) days after the taking of the while the action is pending must be litigated in the replevin suit and
property by the sheriff, the adverse party does not object to the: not by independent action. This is so because a court of coordinate
1. sufficiency of the bond, or of the surety or sureties thereon; or jurisdiction cannot interfere with the affairs of a coordinate court.
2. if the adverse party so objects and the court affirms its approval of the
applicant's bond or approves a new bond, or Q: X filed a replevin suit against Y, who filed a motion to dismiss with a
counterclaim for damages caused by plaintiff's alleged bad faith in the filing of the
When to file: At the commencement of the proper action or proceeding, or at any Failure to reimburse: the person who provided the same may likewise seek
time prior to the judgment or final order reimbursement thereof in a separate action from the person legally obliged to give
such support.
What to file: a verified application
What is the effect if the defendant in an action for support with support pendente
Who files: by any party
lite denies the right of the plaintiff?
Contents: stating the grounds for the claim and the financial conditions of both
The court cannot grant the support pendente lite. Likewise, if the
parties, and accompanied by affidavits, depositions or other authentic documents in
existence of the fact upon which the right to support depends is put
support thereof.
in issue by the pleadings, it cannot be presumed to exist for the
purpose of granting alimony.
Comment: adverse party shall have 5 days to comment thereon unless a different
period is fixed by the court upon his motion.
Possible Defenses:
Adultery of the wife is a good defense in action for support. As to the child, such
Contents of the comment: shall be verified and shall be accompanied by affidavits,
defense is valid proof that the child is the fruit of such adulterous relationship
depositions or other authentic documents in support thereof.
must be shown.
Hearing, when: After the comment is filed, or after the expiration of the period for
Invalidity of a marriage is also a defense in an action for support although support
its filing,
pendente lite may still be achieved during the proceedings for annulment of
marriage.
Duration of the hearing: not more than 3 days
A repeated illicit relation with women outside the martial home is sufficient to
If the application is granted, the court shall fix the amount of money to be
entitle the wife to maintain a separate home and to have a separate support.
provisionally paid or such other forms of support as should be provided, taking into
account the necessities of the applicant and the resources or means of the adverse
Contempt of court: disobedience to an order granting support pendente lite.
party, and the terms of payment or mode for providing the support.
Filed by a person who Filed by a person who has a legal interest If there are more than one claimant – partial declaration of default
has no interest in the in any of the following:
subject matter of the a. The subject matter of the litigation; How: on motion
action or if he has an b. The success of either of the parties; or
interest, the same is not c. The success of both of the parties; or Effect: the court will render judgment barring him from any claim in respect to the
disputed by the d. He may be adversely affected by the subject matter
claimants. disposition or distribution of property in
the judgment. Allowed pleadings: The parties in an interpleader action may file counterclaims,
The defendants are If a complaint- in- intervention is filed, cross-claims, third-party complaints and responsive pleadings thereto
brought into the action the defendants are already parties to an
only because they are existing suit not because of the after issues are joined proceed to trial
impleaded as such in the intervention but because of the original
complaint. suit. Docket and other lawful fees, costs and litigation expenses as liens: The docket
and other lawful fees paid by the party who filed a complaint, as well as the costs
Requisites: and litigation expenses, shall constitute a lien or charge upon the subject matter of
1. Plaintiff claims no interest in the subject matter or his claim is not the action, unless the court shall order otherwise.
disputed From the defendant who loses the action and is found by the court to
2. Two or more claimants asserting conflicting claims have caused the unnecessary litigation
3. The subject matter must be one and the same for the conflicting
claimants Q: May an interpleader be availed of the resolve breach of
4. Person in possession or obliged files a complaint. undertaking?
5. The parties to be interpleaded must make effective claims.
6. Payment of docket and other lawful fees. A: No. Such issue should be resolved in an ordinary civil action for
specific performance or other relief
When must an action for interpleader be filed:
Within a reasonable time after a dispute has arisen without waiting to be Q: if there is a pending interpleader case filed before a replevin suit,
sued by claimants may the court taking cognizance of the replevin case effect the
before such is barred from laches. seizure of the vehicles subject of the suit?
Which court has jurisdiction over an interpleader: Inferior courts have A: no. A court taking cognizance of a replevin suit cannot effect
jurisdiction so long as the amount involved is within their jurisdiction seizure of the subject vehicle unless clear right to possession has
been established and determined in the interpleader case filed prior
Summons: served upon the conflicting claimants, together with a copy of the thereto and pending the court of co-equal and coordinate
complaint and order. jurisdiction. To bestow recognition to an alleged right of possession
of a party despite notice of an earlier interpleader case pending ,
Motion to dismiss: amounts to manifest gross abuse of discretion and glaring disregard
of respect and comity due to co-equal court.
When to file: Within the time for filing an answer
Declaratory Relief and Similar Remedies
Who files: each claimant may file a motion to dismiss
This is an exception to the general rule that cases brought to the court are ripe for
Grounds: adjudication.
impropriety of the interpleader action
on other appropriate grounds specified in Rule 16. Two Types of Action:
1. Declaratory relief
Effects: The period to file the answer shall be tolled 2. Other similar remedies
If the motion is denied:the movant may file his answer within the remaining period Declaratory Relief
but which shall not be less than 5 days in any event, reckoned from
notice of denial. Requisites:
1. Filing of Petition before there is a breach or violation
Answer: 2. Subject matter is a deed, will, contract, written instrument, statute,
executive order, regulation or ordinance
When to file: within 15 days from service of the summons upon him 3. There is justiciable controversy
Who may file petition: If such ordinance is alleged to be unconstitutional, the Solicitor General shall also
A. Any person interested under a: (COWD) be notified and entitled to be heard.
o Contract
o other written instrument When may a court refuse to make a judicial declaration / additional ground for
o Will motion to dismiss:
o Deed 1. A decision will not terminate the uncertainty or controversy which gave
rise to the action
B. whose rights are affected by a: 2. Declaration or construction is not necessary and proper under the
o statute circumstances
o executive order or regulation
o ordinance, or Note: Discretion to refuse does not extend to actions for reformation of an
o any other governmental regulation instrument quiet title or remove clouds or to consolidated ownership in a pacto de
retro sale.
Note: The enumeration of the subject matter is exclusive; hence, an action not
based on any of the enumerated subject matters cannot be the proper subject of Conversion into ordinary action:
declaratory relief.
When:before the final termination of the case
Parties: All persons who have or claim any interest which would be affected by the
declaration shall be made parties; What:a breach or violation of an instrument or a statute, executive order or
no declaration shall, except as otherwise provided in the Rules, prejudice
regulation, ordinance, or any other governmental regulation takes place
the rights of persons not parties to the action.
The action may thereupon be converted into an ordinary action, and the parties
When to file: before breach or violation of one’s right shall be allowed to file such pleadings as may be necessary or proper.
Note: they can be ordinary or special civil actions QUIETING OF TITLE TO REAL PROPERTY
REFORMATION OF AN INTRUMENT: a) This action is brought to remove a cloud on title to real property or any
interest therein.
It is not an action brought to reform a contract but to reform the instrument
evidencing the contract. The action contemplates a situation where the instrument or a record is
apparently valid or effective but is in truth and in fact invalid, ineffective, voidable
It presupposes that there is nothing wrong with the contract itself because there is or unenforceable, and may be prejudicial to said title to real property.
a meeting of minds between the parties.
b) It may also be brought as a preventive remedy to prevent a cloud from
The contract is to be reformed because despite the meeting of minds of the parties being cast upon title to real property or any interest therein
as to the object and cause of the contract, the instrument which is supposed to embody the
agreement of the parties does not reflect their true agreement by reason of mistake, Possession: The plaintiff need not be in possession of the real property before he
inequitable conduct or accident. may bring the action as long as he can show that he has a legal or an equitable title
to the property which is the subject matter of the action
The action is brought so the true intention of the parties may be expressed in the
instrument CONSOLIDATION OF OWNERSHIP
When an instrument may be reformed: The action brought to consolidate ownership is not for the purpose of
consolidating the ownership of the property in the person of the vendee or buyer
The instrument may be reformed if it does not express the true intention of the but for the registration of the property.
parties because of lack of skill of the person drafting the instrument
The lapse of the redemption period without the seller a retro exercising his right of
Example: If the parties agree upon the mortgage or pledge of property, but the redemption, consolidates ownership or title upon the person of the vendee by
instrument states that the property is sold absolutely or with a right of repurchase, operation of law.
reformation of the instrument is proper.
Art. 1607 requires the filing of the petition to consolidate ownership because the
Equitable mortgage – Article 1602 – 1603; Pacto de Retro but the real agreement is law precludes the registration of the consolidated title without judicial order
mortgage
1. The price of the sale is unusually inadequate Q: May a counterclaim be set up in a petition for declaratory relief
2. The vendor retains possession as a lessee
3. After expiration of the period to repurchase – there is extension A: Yes. It is a rule that there is nothing in the nature of a special civil action for
4. Purchaser retains for himself part of the purchase price declaratory relief that proscribes the filing of a counterclaim based on the same
5. When the vendor binds himself to pay the taxes on the thing sold transaction, deed or contract subject to the complaint.
6. Other instances
Review on Judgement and Final Orders or Resolutions of the
Q: What is the remedy if the consent of a party to a contract has
COMELEC and the COA
been procured by fraud, inequitable conduct, or accident?
Rule 64 Rule 65
A: Where the consent of a party to a contract has been procured by
Directed only to the judgments, Directed to any tribunal, board
fraud, inequitable conduct or accident, and an instrument was
final orders or resolutions of the or officers exercising judicial or
executed by the parties in accordance with the contract, what is
COMELEC and COA; quasi-judicial functions;
defective is the contract itself because of vitiation of consent. The
Must be filed within 30 days Must be filed within 60 days
remedy is not to bring an action for reformation of the instrument
from notice of judgment or from notice of judgment or
Mode of review: A judgment or final order or resolution of the COMELEC and the Failure:the Court may dismiss the petition outright.
COA may be brought by the aggrieved party to the Supreme Court on certiorari
under Rule 65
Note: No other pleading may be filed by any party unless required or allowed by
How: throughverifiedpetition the Court.
Issues: question of law or want of jurisdiction Effect of filing petition for certiorari: shall not stay the execution of the
judgment or final order or resolution sought to be reviewed,
Time to file petition: within 30 days from notice of the judgment or final order or - Unless the SC shall direct otherwise upon such terms as it may deem
resolution sought to be reviewed. just.
A: YES because the filing of a petition for certiorari from a judgment The petition shall also contain a sworn certification of non-forum shopping as
or final order of the COMELEC shall not stay the execution of the provided in the third paragraph of section 3, Rule 46. (3a)
judgment or order sought to be reviewed, unless ordered otherwise
Section 4. When and where petition filed. — The petition shall be filed not later
The COMELEC can grant execution pending appeal in the exercise than sixty (60) days from notice of the judgment, order or resolution. In case a
of its appellate jurisdiction motion for reconsideration or new trial is timely filed, whether such motion is
required or not, the sixty (60) day period shall be counted from notice of the denial
of said motion.
Certiorari, Prohibition, Mandamus
The petition shall be filed in the Supreme Court or, if it relates to the acts or
Petition for certiorari:
omissions of a lower court or of a corporation, board, officer or person, in the
Regional Trial Court exercising jurisdiction over the territorial area as defined by
When any tribunal, board or officer exercising judicial or quasi-judicial functions
the Supreme Court. It may also be filed in the Court of Appeals whether or not the
has acted:
same is in aid of its appellate jurisdiction, or in the Sandiganbayan if it is in aid of
without or in excess its or his jurisdiction, or
its appellate jurisdiction. If it involves the acts or omissions of a quasi-judicial
with grave abuse of discretion amounting to lack or excess of
agency, unless otherwise provided by law or these Rules, the petition shall be filed
jurisdiction, and
in and cognizable only by the Court of Appeals.
there is no appeal, or any plain, speedy, and adequate remedy in the
ordinary course of law
No extension of time to file the petition shall be granted except for compelling
reason and in no case exceeding fifteen (15) days. (4a) (Bar Matter No. 803, 21 July
a person aggrieved thereby may file a verified petition in the proper court, alleging
1998; A.M. No. 00-2-03-SC)
the facts with certainty and praying that judgment be rendered annulling or
modifying the proceedings of such tribunal, board or officer, and granting such
Section 5. Respondents and costs in certain cases. — When the petition filed
incidental reliefs as law and justice may require.
relates to the acts or omissions of a judge, court, quasi-judicial agency, tribunal,
corporation, board, officer or person, the petitioner shall join, as private
The petition shall be accompanied by a certified true copy of the judgment, order or
respondent or respondents with such public respondent or respondents, the
resolution subject thereof, copies of all pleadings and documents relevant and
person or persons interested in sustaining the proceedings in the court; and it shall
pertinent thereto, and a sworn certification of non-forum shopping as provided in
be the duty of such private respondents to appear and defend, both in his or their
the third paragraph of section 3, Rule 46. (1a)
own behalf and in behalf of the public respondent or respondents affected by the
proceedings, and the costs awarded in such proceedings in favor of the petitioner
Section 2. Petition for prohibition. — When the proceedings of any tribunal,
shall be against the private respondents only, and not against the judge, court,
corporation, board, officer or person, whether exercising judicial, quasi-judicial or
quasi-judicial agency, tribunal, corporation, board, officer or person impleaded as
ministerial functions, are without or in excess of its or his jurisdiction, or with
public respondent or respondents.
grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no
appeal or any other plain, speedy, and adequate remedy in the ordinary course of
Unless otherwise specifically directed by the court where the petition is pending,
law, a person aggrieved thereby may file a verified petition in the proper court,
the public respondents shall not appear in or file an answer or comment to the
alleging the facts with certainty and praying that judgment be rendered
petition or any pleading therein. If the case is elevated to a higher court by either
commanding the respondent to desist from further proceedings in the action or
party, the public respondents shall be included therein as nominal parties.
matter specified therein, or otherwise granting such incidental reliefs as law and
However, unless otherwise specifically directed by the court, they shall not appear
justice may require.
or participate in the proceedings therein. (5a)
Who files:
A proceeding or writ issued by the court to determine:
1. Solicitor General or Public Prosecutor
the right to use an office, position or franchise and
2. A person claiming to be entitled to public office
to oust the person holding or exercising such office, position or franchise
if his right is unfounded or if a person performed acts considered as
Leave of court is sine quo non
grounds for forfeiture of said exercise of position, office or franchise.
Must be set for hearing
The respondent must be duly notified
How to commence the action: by a verified petition brought in the name of the
Republic of the Philippines
Classification of quo warranto:
1. Mandatory
Against who:
2. Discretionary
a. A person who usurps, intrudes into, or unlawfully holds or exercises a public
office, position or franchise;
When Solicitor General or public prosecutor must commence action:
b. A public officer who does or suffers an act which, by the provision of law,
(MANDATORY)
constitutes a ground for the forfeiture of his office; or
1. When directed by the President of the Philippines
c. An association which acts as a corporation within the Philippines without
2. When upon complaint
being legally incorporated or without lawful authority so to act.
3. when he has good reason to believe that any case specified in the
preceding section can be established by proof
Distinguish quo warranto in elective office from an appointive office.
Choses of action – right to personal things of which the owner has not the possession, A: Yes, Congress may enact a law to expropriate property but it
but merely a right of action for their possession cannot limit just compensation. The determination of just
compensation is a judicial function and Congress may not supplant
Jurisdiction: RTC or prevent the exercise of judicial discretion to determine just
compensation. Under Sec. 5, Rule 67 of the Rules of Court, the
TWO STAGES ascertainment of just compensation requires the evaluation of 3
commissioners. (2006 Bar Question)
1. Determination of the authority of the plaintiff to exercise the power of
eminent domain and the propriety of the exercise in the context of the Entry of plaintiff:
facts involved. 1. Upon the filing of the complaint or at any time thereafter
2. after due notice to the defendant
It will end at the order of issuance of expropriation 3. he deposits with the authorized government depositary
4. tender, or payment with legal interest from taking of possession of the
2. Determination of just compensation though the court appointed property, of compensation fixed by the judgment and payment of costs
commissioners by plaintiff.
Q: May Congress enact a law providing that a 5,000 square meter Prohibited:No counterclaim, cross-claim or third-party complaint shall be alleged
lot, a part of the UST compound in Sampaloc, Manila, be or allowed in the answer or any subsequent pleading.
expropriated for the construction of a park in honor of former City
Mayor ArsenioLacson? As compensation to UST, the City of Manila Note: A defendant waives all defenses and objections not so alleged
APPOINTMENT OF COMMISSIONERS
© Gironella – Macadatar 2017 | Special Civil Actions 90
Objections to the finding of the report:Upon the filing of such report, the clerk of the court 4. date of the note or other documentary evidence of the obligation secured
shall serve copies thereof on all interested parties, with notice that they are allowed by the mortgage, the amount claimed to be unpaid thereon; and
10 days within which to file objections to the findings of the report 5. 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
Action upon commissioners' report:
Causes of Action in a Foreclosure Suit:
When: Upon the expiration of the period of 10 day period to file objection, or even non-payment of the mortgage loan
before the expiration of such period but after all the interested parties have filed violation of some of the conditions therein
their objections to the report or their statement of agreement therewith
Defendants that must be joined:
Court’s Action: 1. the persons obligated to pay the mortgage debt
1. The court may, after hearing, accept the report and render judgment in 2. the persons who won, occupy, or control the mortgage premises
accordance therewith, 3. the transferee or grantee of the property
2. for cause shown, it may recommit the same to the commissioners for 4. the second mortgagee or junior encumbrancer, or any person claiming a
further report of facts, or right or interest in the property subordinate to the mortgage sought to
3. it may set aside the report and appoint new commissioners; or be foreclosed
4. it may accept the report in part and reject it in part and it may make such
order or render such judgment But if the action is by junior encumbrancer – the first mortgagee may also be joined
as defendant
Uncertain ownership; conflicting claims:
1. If the ownership of the property taken is uncertain, or Effect if the junior encumbrancer is not impleaded: His equity or right of
2. there are conflicting claims to any part thereof redemption is not affected or barred by the judgment of the court
- only a necessary party not an indispensable party
The court may order any sum or sums awarded as compensation for the property to
be paid to the court for the benefit of the person adjudged in the same proceeding to Judgment on foreclosure: It is the judgment of the court ordering the debtor to
be entitled thereto. pay
within a period not less than 90 days nor more than 120 days from the
But the judgment shall require the payment of the sum or sums awarded to either entry of judgment after ascertaining the amount due to the plaintiff
the defendant or the court before the plaintiff can enter upon the property, or retain
it for the public use or purpose if entry has already been made. Foreclosure sale: When the defendant fails to pay the amount of the judgment
within the period specified therein, the court, upon motion, shall order the
Rights of plaintiff upon judgement and payment: property to be sold in the manner and under the provisions of Rule 39 and other
1. enter upon the property expropriated and to appropriate the same for regulations governing sales of real estate under executions
public use or purpose
2. to retain possession already previously made Effect of sale of mortgaged property: the purchaser in a foreclosure sale is
entitled to a writ of possession – ministerial upon the court
When defendant refuse to received the amount tendered: he is not required to bring a separate action for possession after the
deposited in court redemption period has expired
effect as actual payment
Right to Notice of Sale of mortgage:
Foreclosure of Real Estate Mortgage
The mortgagor does not have the right to a notice of sale after his failure to pay the
Real Estate Mortgage: debt
An accessory contract executed by a debtor in favor of a creditor as
security for principal obligation However: he is entitled to the notice of confirmation of sale
2. The deficiency claim of the bank may be enforced against the It presupposes the existence of a co-ownership over a property between two or
mortgage debtor Arlene, but it cannot be enforced against more persons.
Gretchen, the owner of the mortgaged property, who did not
assume personal liability of the loan. (2003 Bar Question) How initiated: through complaint
Who should be the defendant: The defendants are all the co-owners. PARTITION BY COMMISSIONERS;
Effect of non-inclusion of a co-owner in an action for partition: Nature of appointment: The appointment of commissioners is mandatory unless
1. Before judgment – not a ground for a motion to dismiss. there is an extrajudicial partition between the parties
The remedy is to file a motion to include the party.
2. After judgment – makes the judgment therein void because co-owners Appointment of Commissioners: the court shall appoint not more than 3
are indispensable parties. commissioners of competent and disinterested persons to make partition.
Note: These cannot be demanded in another action because they are parts of the Unless one of the interested parties asks that the property be sold instead of being
cause of action for partition. so assigned
in which case the court shall order the commissioners to sell the real
When allegations of the complaint allege that the plaintiff asserts exclusive estate at public sale under such conditions and within such time as the
ownership: the nature of the action is not one for partition court may determine
It is an action for recovery of property
Commissioner’s Report:
TWO STAGES They shall make full and accurate report to the court of all their proceedings as to
the partition.
First Stage: proprietary of the partition Upon the filing of such report, copies of which shall be served to the
Whether co-ownership exists clerk of court upon all interested parties with notice that they are
allowed 10 days within which to file objections to the findings of the
Second Stage: Partition proper report, if they so desire.
How to actually partition of the property and accounting
Action to the report: The court may upon hearing:
Modes of partition: Accept the report and render judgment in accordance with the same
may recommit to the commissioners for further proceedings, or
1. By agreement of the parties
It is entry effected by force, intimidation, threat, strategy, or stealth; the action is to Exception: when entry is by stealth,
recover possession founded upon illegal possession from the beginning. the period must be counted from
the demand to vacate upon
How initiated: by a verified complaint learning of the stealth
Pleadings allowed: When to file: within 5 Days from the filing of the complain
complaint The court shall decide the motion within thirty (30) days from the filing
compulsory counterclaim thereof
cross claim
and the answers thereto Instances may the court resolve issue of ownership:
Note: all pleadings must be verified (1) When the issue of possession cannot be resolved without resolving the issue
of ownership; and
Action on the Complaint:the court may: (2) The issue of ownership shall be resolved only to determine the issue of
dismiss the case outright on any grounds for dismissal of a civil action possession
if no ground for dismissal is found, issue summons
Note: the only issue involved in ejectment cases is as to who is entitled to the
When is demand necessary: physical and material possession of the premises – possession de facto and not de
jure
The requirement for a demand implies that the mere failure of the occupant to pay
rentals or his failure to comply with the conditions of the lease does not ipso facto Judgment: conclusive only as to the possession of the property. Does not bind the
render his possession of the premises unlawful. title or affect the ownership of the land or building
It is the failure to comply with the demand that vests upon the lessor a
cause of action. Binding of Judgment:
What constitute demand: General Rule: binding only upon the parties properly impleaded and given
1. To pay and to vacate – based on defendant’s failure to pay rentals opportunity to be heard
2. To comply and to vacate – defendant’s noncompliance with the terms
and conditions Exceptions:
1. A sublessee is bound by the judgment against the lessee – right to the
Form of demand: premises is merely subsidiary
Written notice served upon the person found in the premises. 2. A guest or successor in interest, the members of the family of the lessee
By posting a written notice on the premises if no person can be found or his servants or employees
thereon 3. Trespassers, squatters or agents of the defendant
© Gironella – Macadatar 2017 | Special Civil Actions 95
4. Transferees pendente lite nad other privies of the defendant 2. Civil or Criminal, depending on the nature and effect of the
contemptuous act.
Amount of Monetary award:
It is immaterial to the court’s jurisdiction Direct Contempt Indirect Contempt
Committed in the presence Not committed in the presence of
Damages caused by his loss of the use and possession of the premises – entitled to of or so near a court. the court.
damages. Summary in nature Punished after being charged and
heard
Damages caused on the land or building - claim it in an ordinary civil action. If committed against: IF COMMITTED AGAINST:
1. RTC – fine not exceeding 1. RTC – FINE NOT EXCEEDING
Stay of the execution of Judgement: P2,000 or imprisonment not P30,000 OR IMPRISONMENT
1. Perfect an appeal; exceeding 10 days or both. NOT EXCEEDING 6 MONTHS
2. File a supersedeas bond to pay for the rents, damages and costs accruing 2. MTC – fine not exceeding OR BOTH
down to the time of the judgment appealed from; When not required P200 or imprisonment not 2. MTC – fine not exceeding P5,000
a. Monetary award in the judgment of the inferior court has been exceeding 1 day, or both. or imprisonment not exceeding 1
deposited with the court month or both
b. Judgment if the lower court did not make findings with
respect to any amount in arrears, damages or cost against the Remedy:Certiorarior Remedy: Appeal (by notice of appeal)
defandant prohibition
3. Deposit periodically with the RTC, during the pendency of the appeal, Constructive contempt
Contempt in facie curiae
the adjudged amount of rent due under the contract or if there be no
contract, the reasonable value of the use and occupation of the premises
DIRECT CONTEMPT
Kinds of Contempt:
1. Direct or indirect, according to the manner of commission.
Measure of damages shall be the extent of the loss or injury sustained by the
Q: Ray, through Atty. Velasco, filed a complaint for quieting of title
aggrieved party by reason of the misconduct for which the contempt charge was
against Chiz. Chiz, however, interposed the defense that the
prosecuted, with the costs of the proceedings, and such recovery shall be for the
documents relied upon by Ray and Atty. Velasco were forged and
benefit of the party injured.
falsified. Finding that the said documents were indeed forged and
falsified, Judge Victoria cited Ray and Atty. Velasco for direct
Court may release respondent —when it appears that public interest will not be
contempt and ordered them to serve 10 days of detention at the
prejudiced by his release.
Municipal Jail. Ray and Atty. Velasco filed a motion for bail and a
motion to lift the order of arrest. But they were denied outright by
Suspension of the execution of the judgment: filing a bond is filed by the person
Judge Victoria. Is Judge Victoria correct?
adjudged in contempt
Civil action vs. special proceedings The list of subject matters under section 1 of Rule 72 is not exclusive.
Special Proceedings Civil action - any petition which has for its Main purpose the establishment of a
Seeks to establish a status, a one by which a party sues status, right or a particular fact may be included as special proceedings
right or a particular fact another for the enforcement or
protection of a right, or the Example: petition for declaration of nullity of marriage
prevention or redress of a wrong
Generally commenced by Commence by a complaint Note: change of first name is not a special proceeding
application, petition or special
form of pleading Is liquidation proceeding an ordinary action or a special proceedings: A
petition for liquidation of an insolvent corporation should be classified as a special
It does not pray for affirmative proceeding and not an ordinary action. Such petition does not seek the enforce
relief for injury arising from a lemon or protection of a right nor the prevention or redress of a wrong against a
party's wrongful act or omission party.
nor state a cause of action that
can be enforced against any Note: A proceeding before the Shari'a district court for the settlement of the estate
person is deemed a special proceeding
It has no definite adverse party It has a definite adverse party
Are the rules in civil actions applicable in special proceedings?
- yes, in the absence of special provisions, the rules provided for in
Rule 72 - Subject Matter and Applicability of General Rules
ordinary actions shall be, as far as practicable, applicable in special
proceedings
Subject matter of special proceedings
1. Settlement of estate of deceased persons;
Provisions of the Rules of Court requiring a certification of non-forum shopping
2. Escheat;
for complaints and initiatory pleadings, a written explanation for non-personal
3. Guardianship and custody of children;
service and filing, and the payment of filing fees for money claims against an estate
4. Trustees;
would not in any way obstruct probate proceedings, thus, they are applicable to
5. Adoption;
special proceedings.
6. Rescission and revocation of adoption;
7. Hospitalization of insane persons;
SUMMARY:
Special Proceedings Jurisdiction Venue
Settlement of estate In Metro Manila: Where the decease last resided at the time of death
o MTC: if the value of the estate does not
exceed Php 400,000 Nonresident - province in which he has estate
o RTC: if the value of the estate exceed
Php 400,000
Outside metro Manila:
o MTC: if the value of the estate does not
exceed Php 300,000
o RTC: if the value of the estate exceed
Php 300,000
Escheat RTC Ordinary Escheat Proceeding: RTC
Amparo SC, CA and Sandiganbayan, RTC If with RTC - the place where the threat, act or omission
was committed or any of its elements occurred
Habeas data SC, CA, and Sandiganbayan when the action If with the RTC
concerns public data or files of government offices 1. Where the petitioner resides
2. Where the respondent resides
3. That which has jurisdiction over the place
where data or information is gathered, collected
or stored, at the option of the petitioner
© Gironella – Macadatar 2017 | Rule 72 - Subject Matter and Applicability of General Rules 100
Clerical error 1. Local civil registry office of the city or 4.
municipality where the record being sought to
be corrected or changed is kept
2. Local civil registrar of the place where the
interested party is presently residing or
domiciled
3. Philippine consulate
Extent of jurisdiction of probate court: the court, in the exercise of its probate
Resides: the personal, actual or physical habitation of a person, actual residence of
jurisdiction, may issue warrants and processes to compel e attendance of witnesses
place of abode
or to carry into effect their orders and judgments and all other powers granted
- it signifies physical presence in a place and actual stay thereat them by law.
Venue of settlement of estate proceeding: the resident of the decedent at the time Issuance is writ of execution
of his death
- if the decedent is a nonresident of the Philippines - in any province in General rule: the probate court cannot issue a writ of execution because it's orders
which he had estate usually refer to the adjudication of claims against the estate which the executor or
administrator may satisfy without the necessity of resorting to a writ of executions
Wrong venue is a waivable procedural defect, and such waiver may occur by laches
where a party had been served notice of the filing of the probate petition for a year Exceptions
and allowed the proceedings to continue for such time before filing a motion to 1. To satisfy the distributive shares of the devisees, legatees and heirs
dismiss when the latter had entry prior possession over the estate
2. To enforce payment of expenses of partition
Principle of preferential jurisdiction 3. To satisfy the costs when a person cited for examination in probate
proceedings
General rule: the probate court first taking cognizance of the settlement of the estate
of the decedent shall exercise jurisdiction to the exclusion of all other courts Declaration of heirship
It cannot be divested of such jurisdiction by the subsequent acts of the parties as by 1. if the special proceedings are pending, or if there are no special
entering into extrajudicial partition of the estate or by filing another petition for proceedings filed but there is, under the circumstances of the case, a
settlement in a proper court of concurrent jurisdiction need to file one, then the determination of, among other issues, heirship
should be raised and settled in said special proceedings.
Note: the rule does not include foreign courts 2. Where special proceedings had been instituted but had been finally
- the rules applies to both testate and intestate proceedings closed and terminated, however, or if a putative heir has lost the right to
The community property shall be inventoried, administered and liquidated, and the Instate proceedings - when the decedent died without a will, or died with a will
debts thereof paid, in the testate or intestate proceedings of the deceased spouse. but found invalid or disallowed
If both spouses have died, the conjugal partnership shall be liquidated in the testate Partition - when there is no will and the parties entitled to the estate would agree
or intestate proceedings of either. on the project of partition
If separate proceedings have been instituted for each estate, both proceedings may Substantial requisites for Extrajudicial settlement by agreement between the
be consolidated if they were filed in the same court. heirs
1. The decedent left no will
General power and duties of the probate court 2. The decedent left no debts - no creditors files a petition for letters of
1. Orders the probate of the will of the decedent administration within two years after the death of the decedent
2. Grants letters of administration 3. The heirs are all of age
3. Supervises and controls all acts of administration 4. The minor are represented by their judicial or legal representatives duly
4. Hears and approves claims against the estate of the deceased authorized for the purpose
5. Orders payment of lawful debts
6. Authorizes sale, mortgage or any encumbrance of real estate Procedural requisites for making an extrajudicial settlement of Estate
7. Orders the payment of taxes and other charges 1. Settlement is made in a public instrument (not constitutive of the
8. Directs the delivery of the estate to those entitled thereto validity of extra judicial settlement but is merely evidentiary in nature)
or by affidavit of adjudication in the case of sole heir
Specific powers and duties of a probate court 2. Filed with the register of deeds
1. To pass upon the issue regarding the validity of the will 3. Fact of settlement must be published in a newspaper of general
2. Distribute shares circulation once a week for 3 consecutive weeks
3. Determine who are the legal heirs 4. Bond filed with the register of deeds equivalent to the value of personal
4. Issue rants and processes to secure attendance of witnesses property
5. Determine and rule upon issue relating to settlement of the estate, such
administration, liquidation, and distribution of estate Real properties - no bond is required
6. Determine the following
- it will be subjected to a lien in favor of creditors, heirs or other persons
a. Heirs of the decedent
for a period of 2 years from distribution
b. Recognition of illegitimate child
c. Validity of disinheritance effected by the testator - Such lien cannot be substituted by a bond
d. Status of a person who claims to be the lawful spouse of the
decedent Effect of an extrajudicial partition executed without the knowledge and
e. Validity of waiver of heredity heirs consent of the other co heirs: it shall not prejudice the co heirs
f. Status of each heir - He shall have the right to vindicate his inheritance
Summary settlement of Estate of Small Value: It is a judicial proceeding, without Rule 75 - Production of Will. Allowance of Will Necessary
appointment of executor or administrator, and without delay, wherein the
competent court summarily proceeds to estimate the value of the estate of the
decedent; allow his will if any; declare his heirs, devisees and legatees; distribute his Probate (also known as allowance of will): it is the act of proving before a
net estate among them, who shall thereupon be entitled to receive and enter into competent court the die execution and validity of a will by a person possesses of
the possession of the parts of the estate so awarded to the,, respectively. testamentary capacity, as well as the approval thereof by said court.
Hearing: The date of hearing shall be set by the court not less than one month, nor Probate is necessary to settle all questions concerning the capacity of the testator
more than 3 months from the date of publication of last notice and the order of and the proper execution of his will, irrespective of whether its provisions are valid
hearing shall be published once a week for three consecutive weeks in a newspaper and enforceable
of general circulation.
© Gironella – Macadatar 2017 | Rule 75 - Production of Will. Allowance of Will Necessary 103
Nature of probate proceeding
1. In rem - binding upon the whole world Note: But no defect in the petition shall render void the allowance of the will or
2. Mandatory - no will shall pass either real or personal property unless it the issuance of letters testamentary or of administration with the will annexed.
is proved and allowed in the proper court
3. Imprescriptible - public policy to obey the will of the testator Effects of the allowance of a will: The judgment or decree of the court allowing
4. Doctrine of estoppel does not apply - it involves public interest the will is:
5. Res judicata - once allowed by the court, it can no longer be questioned, 1. Conclusive as to its extrinsic validity;
irrespective of any erroneous judgment because it served as the law of the 2. Not subject to collateral attack and it stands as final, if not modified, set
case aside, or revoked by a direct proceeding, or reversed on appeal by a
higher court; and
Scope of examination of a will 1. Conclusive on the whole world.
General rule: the jurisdiction of the probate court is limited to the examination and Proving a will
resolution of the extrinsic validity of a will
See previous note if notarial or holographic , contested or not
- whether the testator, being of sound mind, freely executed the will in
accordance with the formalities prescribed by law
Instances when the court may admit the testimony of witnesses other than
the subscribing witnesses
Exceptions: principle of practical considerations wherein the court may pass up in
1. The subscribing witnesses are dead or insane; or
the intrinsic validity of the will
2. None of them resides in the Philippines.
1. If the case where to be remanded for probate of the will, it will result to a
waste of time, effort, expense, plus added anxiety; as in the case of
Matters that shall be testified on by the other witnesses
absolute preterition without any provision in favor of any devises or
1. The sanity of the testator;
legatee
2. Due execution of the will.
2. Where the entire or all testamentary disposition are void and where the
defect is apparent on its face
Q: What proof is necessary if the testator himself files the petition for probate of
his holographic will and no contest is filed?
Parties who may file petition for probate
1. Executor
A: The fact that he affirms that the holographic will and the signature are in his
2. Devisee or legatee named in the will
own handwriting shall be sufficient evidence of the genuineness and due execution
3. Person interested in the estate - one who would be benefited by the
thereof. (Sec. 12, Rule 76)
estate
4. Testator himself during his lifetime
Rule on proof of lost or destroyed will
5. Any creditor
Notarial will - it shall not be proved as a lost or destroyed will unless the execution
Parties entitled to notice in a probate hearing
and validity of the same be established, and the will is proved to have been in
1. Designated or known compulsory heir a, legatees and devisees of the
existence at the time of death of the testator, or is shown to have been fraudulently
testator resident in the Philippines at their places of residence, at least 20
or accidentally destroyed in the lifetime of the testator without his knowledge, nor
days before the hearing, if such places of residence be known
unless it's provision are clearly and directly proved by at least two credible
2. Person named executor, if he is not the petitioner
witnesses
3. To any person named as co-executor not petitioning, if their places of
residences be known
4. If the testator asks for the allowance of his own will, notice shall be sent Holographic will - a photostatic copy or exerox copy of the lost will would not
only to his compulsory heirs suffice. But if there are no other copies available then a photostatic or xerox copy
would suffice to serve as a comparison to the standard writings of the testator. No
testimonies of witnesses is allowed because the will was made entirely by the
Rule 76 - Allowance or Disallowance of Will
testator himself.
Requisites for the allowance of a will in a foreign country Executor vs. Administrator
1. The testator was domiciled in a foreign country; Executor Administrator
2. The will has been admitted to probate in such country;
Nominated by the testator and Appointed by the court in case
3. The foreign court is, under the laws of said foreign country, a probate
appointed by the court the testator did not appoint an
court with jurisdiction over the proceedings;
executor or the executor
4. Proof of compliance with the law on probate procedure in said foreign
refused appointment or the will
country;
was disallowed or the person
5. The legal requirements in said foreign country for the valid execution of
did not make a will
the will have been complied with;
Must present will to the court No such duty
6. Filing a petition in the Philippines with copy of the will and of its decree
within 20 days after he knows
of allowance; and
of the death of the testator or
7. Notice and hearing.
after he knew that he was
appointed as executor unless
Note: Under the doctrine of processual presumption, there must be evidence to
the will has reached the court in
prove the existence of foreign law, otherwise the court should presume that the law
any manner
of the foreign country is the same as Philippine laws.
Testator may provide that he Bond is always required unless
may serve without a bond exempted by law
Effects of reprobate:
1. The will shall have the same effect as if originally proved and allowed in
BUT court may direct him to
the Philippines
give a bind conditioned only to
2. Letters testamentary or administration with a will annexed shall extend
pay debts
to all estates of the testator in the Philippines
Compensation may be provided Compensation is governed by
3. Such estate, after the payment of just debts and expenses of
for by the testator in the will section 7 rule 85
administration, shall be disposed of according to the will, so far as such
will, may operate upon it, and the residue, if any, shall be disposed of as
provided by law in cases of estates in the Philippines belonging to Incompetent people to serve as executor or administrator
persons who are inhabitants of another country 1. Minors,
2. Non-resident of the Philippines;
Note: as General rule, administration extends only to the assets of the decedent 3. Those who, in the opinion of the court, are unfit to execute the duties of
found within the state or country where it was granted, so that an administrator the trust by reason of drunkenness, improvidence, want of
appointed in one state or county has no power over property in another state or understanding or integrity, or conviction of an offense involving moral
country turpitude (Sec. 1, Rule 78).
4. Executor of an executor over the estate of the first testator
Ancillary administration: when a person dies intestate owning property in the
country of his domicile as well as in foreign country administration shall be had in Note: courts may refuse to appoint a person as executor or administrator on
both countries. ground of UNSUITABLENESS - adverse interest or hostile to those immediately
interested in the estate
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Estate Thereunder
Authority issued to the person who administer the estate
1. Letters testamentary – authority issued to an executor named in the will Interested person: one who would be benefited by the estate, such as an heir, or
to administer the estate; one who has a claim against the estate, such as creditor
2. Letters of administration – authority issued by the court to a competent
person to administer the estate of the deceased who died intestate; or Where the right of the person filing of a petition for the issuance of letters of
3. Letters of administration with a will annexed – authority issued by the administration is dependent on a fact which has not been established or worsen
court to a competent person to administer the estate of the deceased if can no liner be established, such contingent interest does not make her an
the executor named in the will refused to accept the office, or is interested party
incompetent.
Grounds for opposing petition for administration
Order of preference: If no executor is named in the will, or the executors are 1. Incompetency of the person for whom letters are prayed therein; or
incompetent, refuse the trust, or fail to give the bond, or a person dies intestate, 2. Contestant's own right to the administration
administration shall be granted to:
1. The surviving spouse or next of kin, or both, in the discretion of the Note: Letters of administration may be granted to any qualified applicant, though
court, or to such person as such surviving spouse or next of kin, requests it appears that there are other competent persons having better right to the
to have appointed, if competent and willing to serve administration, if such persons fail to appear when notified and claim the issuance
of letters to themselves
Next of kin: the heirs entitled to receive a just share in accordance with the rule in
distribution of the estate Notice: when no notice has been given to persons believed to have an interest in
the estate of the deceased person, the proceeding for the settlement of the estate is
2. The principal creditors, if competent and willing to serve, if the surviving void and should be annulled
spouse or next of kin, or the person selected by them be incompetent or
unwilling or if the surviving spouse or next of kin neglects for 30 days Purpose: no person shall be deprived of his rights to property without due process
after the death of the person to apply for administration or to request of law
that administration be granted to some other person
Rule 80 - Special Administrator
3. Such other person as the court may select if there is no such creditor
competent and willing to serve. Appointment of special administrator: when
1. When there is delay in granting letters testamentary or of
Note: Order of preference may be disregarded for a valid cause. administration by any cause including an appeal from the allowance or
- the rule above does not apply to the selection is special administrator disallowance of a will
2. When the executor or administrator is a claimant against the estate he
Instances when a co administrator may be appointed represents
1. To have the benefit of their judgment and perhaps at all times to have
different interests represented; Note: Only one special administrator at a time may be appointed, since the
2. Where justice and equity demand that opposing parties or factions be appointment is merely temporary.
represented in the management of the estate of the deceased;
3. Where the estate is large or, from any cause, an intricate and perplexing Powers of special administrator: same as that of a general administrator
one to settle;
4. To have all interested persons satisfied and the representatives to work Purpose: The principal object is to preserve the estate until it can pass into the
in harmony for the best interest of the estate; or hands of persons fully authorized to administer it for the benefit of the creditors
5. When a person entitled to the administration of an estate desires to have and heirs
another competent person associated with him in the office.
Qualifications of a special administrator: it is within the sound discretion of the
Purpose: to have the benefit of their judgment and perhaps at all times to have court
different interest represented, especially considering that in to proceeding that's - The fundamental and legal principles governing the choice of a regular
will respectively represent the legitimate and illegitimate group of heirs to the administrator should also be taken into account in the appointment of a
estate special administrator
Rule 79 - Opposing Issuance Of Letters Testamentary. Note: the order of preference in the appointment of regular administrator should
Petition And Contest For Letters Of Administration also be taken into account in the appointment of special administrator
Who may oppose: Any person interested in the will may file a written opposition. Publication: notice through publication is still necessary for the appointment of a
special administrator
Note: the person must have a material and direct interest, not indirect or
contingent Powers and duties of a special administrator
© Gironella – Macadatar 2017 | Rule 79 - Opposing Issuance Of Letters Testamentary. Petition And Contest For 106
Letters Of Administration
1. Possess and take charge of the goods, chattels, rights, credits and estate 2. Sale, mortgage, or encumbrance of the property of the estate
of the deceased; conditioned that such administrator it executor will account for the
2. Preserve the same; process of the sale or encumbrance
3. Commence and maintain suit for the estate;
Rule 82 - Revocation of Administration, Death,
Note, however, that the special administrator cannot be sued by the creditor for the
Resignation, and Removal of Executors or Administrators
payment of the debts of the deceased.
- such suit must wait until appointment of regular administrator
Grounds for removal of Administrator
1. Neglect to render an account and settle the estate according to law;
4. Sell only:
2. Neglect to perform an order or judgment of the court, or a duty
a. Perishable property; and
expressly provided by the Rules;
b. Other property ordered sold by the court;
3. Absconds;
5. Pay debts only as may be ordered by the court.
4. Becomes insane; or
6. Submit an inventory and render an accounting of his administration as
5. Becomes incapable or unsuitable to discharge the trust
required by the terms of his bond
General rule: the executor or administrator is accountable for the whole estate of the Claims against the estate: they are money claims of pecuniary nature which could
deceased have been enforced against the deceased in his lifetime and could have been
reduced to simple money judgment
Exception: not accountable for properties which never came to his possession
When judgment in a civil case has become final and executory, execution is not the
Exception to the exception: when through untruthfulness to the trust or his own fault or proper remedy to enforce payment, claimant should present claim before probate
lack of necessary action, the executor or administrator failed to recover part of the court
estate which came to his knowledge
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RULES: be filed for a period not exceeding 1 month from the order allowing the
filing of the belated claims
If the defendant dies during the pendency of the action against him, the rule on 2. Where the estate filed a claim against the creditor or claimant who
substitution of parties will be followed and any adverse decision against him may failed to present his claim against the estate within the period fixed by
be filed by the plaintiff as a claim against the estate the probate court for the settlement of such claims, the critic will be
allowed to set up the same as a counterclaim to the action filed by the
If the defendant dies after an adverse decision was rendered against him without estate against him.
having levied any property, then the plaintiff may file his claim against the estate
Statute of non-claims: It is a period fixed by the courts for the filing of claims
If the defendant dies after an adverse decision was rendered against him, and after a against the estate for examination and allowance.
vey was made, then execution shall proceed, without the need of filing a claim
against the estate Note: Statute of non-claims supersedes the Statute of Limitations insofar as the
debts of deceased persons are concerned because if a creditor fails to file his claim
Claims that must be presented in the settlement court in the intestate or within the time fixed by the court in the notice, then the claim is barred forever.
testate proceedings However, both statute of non-claims and statute of limitations must concur in
1. All claims for money against the decedent, arising from contract, express order for a creditor to collect.
or implied, whether the same be due, not due or contingent
2. All claims for funeral expenses See ust procedure in filing claims
3. Expenses for the last sickness of the decedent
4. Judgment for money against the decedent Rule 87 - Actions By and Against Executors and
Administrators
Note: taxes due and assessed after the death of the decedent should not be
presented in the form of a claim
The executor or administrator, if he has a claim against the estate, shall give notice
to the court in writing and the court shall thereafter appoint a special
Claims extinguished by death vs. claims which survive
administrator
Claims extinguished by Claims which survive
death
Actions that may be brought by the executor or administrator: Recovery or
Personal to either of the Those claims which can be filed protection of the property or rights of the deceased, action for causes which
parties either against the estate or survive. (Sec. 2, Rule 87)
executor
The claim can no longer be Claim is not extinguished by Note: When an executor or administrator is appointed and assumes the trust, no
prosecuted by reason of the death but shall be prosecuted as a action to recover the title or possession of lands or for damages done shall be
death of the party money claim against the estate of maintained against him by an heir or devisee until there is an order of the court
the deceased or against the assigning the lands to such heir or devisee or until the time allowed for paying
executor or administrator debts has expired. (Sec. 3, Rule 87)
Absolute claim: It is one which, if contested between living persons, would be the Actions that may be brought against the executor: Any action affecting the
proper subject of immediate legal action and would supply a basis of judgment for a property rights of a deceased which may be brought by or against him if he were
sum certain. alive, may be instituted and prosecuted by or against the administrator, unless by
its very nature, it cannot survive, because death extinguishes such right
Contingent claim: It is a conditional claim, which is subject to the happening of a
future uncertain event. Claims which can proceed independently of the settlement proceeding
1. Actions to recover real or personal property, or an interest therein, from
Notice to file claims against the estate: it is the duty of the court after granting the estate;
letters testamentary or of administration to issue a notice requiring all persons 2. Enforcement of a lien;
having money claims to file them in the office of the clerk of court 3. Actions to recover damages for an injury to person or property, real or
personal.
Period to file claims against the estate
Right of the heirs to sue for the recovery of property of the estate during the
General rule: It should not be less than six (6) months nor more than twelve (12) pendency of administration proceedings
months from the day of the first publication of the notice thereof. Such period when
fixed by the probate court becomes mandatory. General rule: the heirs have no legal standing to sue for the recovery of property of
the estate
Exceptions
1. On the application of the creditor who has failed to file his claim within Exceptions
the time previously previously limited, at any time before an order of 1. If the executor or administrator is unwilling or refuses to bring suit
distribution is entered, the court may, for just causes, allow such claim to
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2. When the administrator is alleged to have participated in the act 3. Sale of personal property may injure the business or other interests of
complained of and he is a made party defendant those interested of the estate (Sec. 2, Rule 89);
4. The testator has not made sufficient provision for payment of such
Requisites before creditor may bring an action for recovery of property debts, expenses or legacies
fraudulently convened by the deceased 5. The decedent was, in his lifetime, under contract, binding in law, to
1. Application of the creditors; deed real property to beneficiary (Sec. 8, Rule 89);
2. Payment of cost and expenses; and 6. The decedent during his lifetime held real property in trust for another
3. Give security therefore to the executor or administrator. person
Requisites before a creditor may bring an action for recovery of property Use of proceeds from sale of personal property
fraudulently conveyed 1. To pay the debts and expenses of administration;
1. There is a deficiency of assets in the hands of an executor or 2. To pay legacies; and
administrator for the payment of debts and expenses of administration; 3. To cover expenses for the preservation of the estate.
2. In his lifetime, the deceased had made or attempted to make a
fraudulent conveyance of his property or had so conveyed such Payment of contingent claims: If the court is satisfied that a contingent claim
property that by law, the conveyance would be void as against his duly filed is valid, it may order the executor or administrator to retain in his hands
creditors; sufficient estate to pay such contingent claim when the same becomes absolute, or
3. The subject of the attempted conveyance would be liable to if the estate is insolvent, sufficient estate to pay a portion equal to the dividend of
attachment in his lifetime; the other creditors.
4. The executor or administrator has shown no desire to file the action
or failed to institute the same within a reasonable time; Requisites before the court allows a contingent claim
5. Leave is granted by the court to the creditor to file the action; 1. Duly filed within the 2 year period allowed for the creditors to present
6. A bond is filed by the creditor; and claims;
7. The action by the creditor is in the name of the executor or 2. The claim is valid; and
administrator 3. The claim became absolute.
The last 3 requisites are unnecessary where the grantee is the executor or Order of payment if estate is insolvent or assets are insufficient: the executor or
administrator himself, in which event, the actions should be in the name of all the administrator shall pay the debts according to the concurrence and preference of
creditors credit
Note: the creditor cannot directly file the action in court Q: What is the consequence if the contingent claim is not presented
- It is only after the executor or administrator failed to file the action that within the 2 year period after it becomes absolute?
the creditor is authorized to file the action, but it must be still be in the
name of the executor or administrator A: The assets retained in the hands of the executor or administrator,
not exhausted in the payment of claims, shall be distributed by the
Rule 88 - Payment of the Debts of the Estate order of the court to the persons entitled to the same (Sec. 4, Rule
88). However, the assets so distributed may still be applied to the
payment of the claim when established, and the creditor may
Payment of debts
maintain an action against the distributees to recover the debt, and
such distributees and their estates shall be liable for the debt in
General rule: The payment of the debts of the estate must be taken from the following
proportion to the estate they have respectively received from the
order:
property of the deceased.
1. Portion or property designated in the will –
2. Personal property;
Disposition of estate in the Philippines of an insolvent nonresident: It shall be
3. Real property.
disposed of that his creditors in and outside the Philippines may receive an equal
share, in proportion to their respective credits
Note: If there is still a deficiency, it shall be met by contributions of devisees,
legatees, or heirs who have entered into possession of portions of the estate before
Claims proven outside the Philippines where the executor had knowledge and
the debts and expenses have been settled and paid
opportunity to contest its allowance may be added to the list of claims proved
against the decedent in the Philippines and the estate will be distributed equally
Exceptions: On application by executor or administrator, with written notice to
among those creditors
persons interested, and after hearing, real properties can be charged first even
though the personal properties are not exhausted when:
Note: The benefits in the above provision shall not be extended to the creditors in
1. The personal property is not sufficient to pay the debts, expenses of
another country if the property of such deceased person there found is not equally
administration and legacies (Sec. 3, Rule 88);
apportioned to the creditors residing in the Philippines and the other creditors,
2. The sale of such personal property would be detrimental to the
according to their respective claims.
participants of the estate (Sec. 3, Rule 88);
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Rule 89 -Sales, Mortgages, and Other Encumbrances of Remedy of an heir entitled to residue but not given his share
Property of Decedent
MOTION TO SET ASIDE THE DISTRIBUTION- If an heir appears after the
court approved the project of partition, the heir must file a Motion to set aside the
Q: When should the court authorize sale, mortgage or other encumbrance of estate
distribution with the court so that the court will not proceed with the distribution
to pay debts and legacies in other countries?
of the residue. The probate court shall determine whether such heir has a right to
participate in the distribution of the residue. If it is proven that the heir has a right,
A: When it appears from records and proceedings of a probate court of another
the court may order the revision of the project of partition for its adjustment.
country that the estate of the deceased in foreign country is not sufficient to pay
debts and expenses, the court here may authorize the executor or administrator to
MOTION FOR THE RE- OPENING OF THE SETTLEMENT
sell, mortgage or encumber the property in the same manner as for the payment of
PROCEEDINGS-If the distribution has already been made, a motion for closure
debts and legacies in the Philippines (Sec. 5, Rule 89).
has already been granted, the heir must file a Motion for the re-opening of the
settlement proceedings within the 30 day reglementary period, provided the order
Rule 90 -Distribution and Partition of the Estate of closure has not yet become final and executory.
Liquidation: is the determination of all assets of the estate and payment of all debts Although closed and terminated, the preterited heir who was excluded from the
and expenses. settlement proceedings can still file a petition to reopen within a period of 10 years
The probate court loses jurisdiction over the settlement proceedings only upon ACCION REINVIDICATORIA- If the order of closure has already become final
payment of all debts and expenses of the obligor and delivery of the entire estate to and executory, the remedy is to file an independent suit against the parties and all
all the heirs the other heirs for his or her share
Order of distribution MOTION TO DELIVER SHARE - of the heir was not excluded in the
proceedings but was not able to receive his share
General rule: Order of distribution shall be made after payments of all debts, funeral
expenses, expenses for administration, allowance of widow and inheritance tax. Rule 91 -Escheats
Exception: If the distributees or any of them gives a bond conditioned for the
payment of said obligation, the order of distribution may be made even before the
Rule 92 - Venue
payment of all debts, etc
The finality of the approval of the project of partition by itself alone does not
terminate the probate proceeding. As long as the order of the distribution of he
estate has not been complied with, the probate proceedings cannot be deemed
closed and terminated
Right of the heir over the property of the decedent: During the pendency of the
estate proceeding without the prior approval of the probate court, An heir has the
right to sell his undivided or ideal share of the estate, he being the co-owner with
other heirs of the estate. Court approval is necessary only if specific property of the
estate is sold.
Partial distribution: Partial distribution of the estate should not have been
allowed.
Jurisdiction of the probate court: Once an action for the settlement of estate is
filed with the court, the properties included therein are under the control of the
estate court. And not even the administrator may take possession of any property
that is part of the estate without the prior authority of the court
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must have been brought to its
Criminal Procedure forum for trial, forcibly by warrant
of arrest or upon his voluntary
submission to the court
Basic Concepts Derived from the law. It can May be acquired by consent of the
never be acquired solely by accused (by voluntary appearance)
Criminal procedure regulates the steps by which one committed a crime is to be consent of the accused. or by waiver of objections.
punished.
Objection that the court has no If he fails to make his objection on
- Lays down the processes by which an offender is made to answer for the jurisdiction over the subject time, he will be deemed to have
violation of the criminal laws matter may be made at any waived it.
stage of the proceeding, and the
Nature: though substantive but criminal in nature right to make such objection is
- Thus intended in favor of the accused never waived.
- And can be applied retroactively
Power and authority to hear and determine the issues of facts and of law, the power
to inquire into the facts, to apply the law and to pronounce the judgment
Q: In complex crimes, how is the jurisdiction of a court determined?
Requisites:
a) Jurisdiction over the subject matter / Nature of the Offense A: It is lodged with the trial court having jurisdiction to impose the
b) Jurisdiction over the territory / Venue maximum and most serious penalty imposable of an offense forming
c) Jurisdiction over the person of the accused part of the complex crime. It must be prosecuted integrally and
must not be divided into component offenses which may be made
Over the Subject Matter Over the person of the accused subject of multiple information brought in different courts (Cuyos
Authority of the court to hear Authority of the court, not over v. Garcia, G.R. No. L-46934, Apr. 15, 1988).
and determine a particular the subject matter of the criminal
criminal case litigation, but over the person Jurisdiction over the territory / Venue
charged.
Nature: it is jurisdictional thus it cannot be waived
Requires that the person charged
Purpose:To determine the penal liability of the accused for having outraged the Since: the civil liability of the accused arising from the offense charges is deemed
state with his crime and, if he be found guilt, to punish him for it impliedly instituted in a criminal action, unless:
- the offended party waives, reserve or instituted it prior to the criminal
Parties to the action: action
- People of the Philippines - those not arising from the offense charged like independent civil actions
- Accused referred to in Article 32,33,34 and 2176 of the Civil Code are not deemed
instituted in the criminal action
Note: The offended party is regarded merely as a witness for the state - these actions shall proceed independently with the criminal action
When required:A criminal action is instituted by filing the complaint with the proper Note: the executive department of the government is accountable for the
investigating officer for the purpose of conducting the requisite preliminary prosecution of crimes
investigation the non-presentation of a witness cannot be construed as suppression of
evidence where the testimony is merely corroborative
Limitations of control by the Court: Prosecution of seduction, abduction and acts of lasciviousness:Shall not be
1. Prosecution is entitled to notice of hearing prosecuted except upon a complaint by the:
2. Court must await for petition for review Offended party
3. Prosecution’s stand to maintain prosecution should be respected by the
Her parents
court
4. The court must make its own independent assessment of evidence in Grandparents
granting or dismissing motion to dismiss. Otherwise, the judgment is Guardian
void. State
Prosecution of a criminal action in the MTC or MCTC: Cannot be instituted when: When the offender has been EXPRESSLY pardoned by any
- when the prosecutor assigned is not available the following may of them
prosecute:
the offended party Q: If the offended party in abduction, seduction, and acts of
any peace officer lasciviousness is of age, can her parents file the complaint for her?
public officer charged with the enforcement of the law
A: No. If the offended party is already of age, she has the exclusive
right to file the complaint unless she becomes incapacitated. The
Intervention of the offended party in the prosecution of the parents, grandparents, and guardian only have exclusive, successive
criminal action authority to file the case if the offended party is still a minor.
Civil Aspect of a crime:Article 100, RPC: ―every person criminally liable for a felony RA 7610 (Special Protection for Children Against Child abuse, Exploitation
is also civilly liable‖ and discrimination Act):
Filed by the following:
Includes: 1. Offended party
a) Restitution 2. Parents or guardian
b) Reparation of damage caused 3. Ascendant or collateral relative within the third degree of consanguinity
c) Indemnification of consequential damages 4. Officer, social worker or representative of a licensed child-caring
institution
Intervention of the offended party:It is the existence of the civil liability involved 5. Officer or social worker of the DSWD
in a crime that the offended party is allowed to intervene 6. Barangay Chairman
7. At least three concerned, responsible citizens where the violation
When a private prosecutor may prosecute a case even on the absence of the occurred
public prosecutor:
1. If he is authorized to do so Prosecution of defamation:The defamation consists in the imputation of the
2. In writing offenses of adultery, cuncubinage, seduction, abduction and acts of lasciviousness
3. Given by the chief of the prosecution office or the regional State - Brought at the instance of and upon the complaint filed by the offended
Prosecutor party
4. And approved by the court
Pardon vs. Consent:
Given in the following reasons: Pardon Consent
1. The public prosecutor has a heavy workload Refers to past acts Refers to future acts
2. There is a lack of public prosecutor In order to absolve the In order to absolve the accused
accused from liability, it must from liability, it is sufficient even if
Extent of authority: be extended to both granted only to the offending
- Up to the end of the trial unless the authority is revoked or otherwise offenders spouse
withdrawn
Parties who can give pardon:
Prosecution of private crimes
Crimes Parties who can give pardon
It cannot be prosecuted without the consent of the offended party. – EXCLUSIVE Concubinage and only the offended spouse, not otherwise
AND SUCCESSIVE RULE incapacitated.
adultery
Seduction, abduction a. The offended minor, if with sufficient
Prosecution of adultery and concubinage:Shall not be prosecuted except upon a
and acts of discretion, can validly pardon the
complaint filed by the offended party
accused by herself if she has no parents
© Gironella – Macadatar 2017 | Rule 110 – Prosecution of Offenses 115
lasciviousness: or where the accused is her own father
and her mother is dead; Infirmity of signature in the information:A valid information signed by a
b. The parents, grandparents or guardian competent officer confers jurisdiction on the court over the person of the accused
of the offended minor, in that order, - Lack of authority of the officer signing it, cannot be cured by silence,
extend a valid pardon in said crimes acquiescence or even by express consent
without the conformity of the offended
party, even if the latter is a minor; SUFFICIENCY of the complaint or information:
c. If the offended woman is of age and not
otherwise incapacitated, only she can CONTENTS:
extend a valid pardon. 1. The name of the accused; if the offense is committed by more than one
person, all of them shall be included in the complaint or information
Subsequent Marriage of the Accused and the Offended Party:
Rules in designating the name of the accused:
General Rule: The subsequent marriage between the party and the accused, even after a) Must state the name and surname of the accused or any appellation or
the filing of the complaint, extinguishes the criminal liability of the latter, together nickname by which he has been or is known
with that of the co-principals, accomplices and accessories. b) If his name cannot be ascertained, he must be described under a
fictitious name
Exceptions: Must be accompanied by a statement that his true name is
1. Where the marriage was invalid or contracted in bad faith in order to unknown
escape criminal liability; c) If later his true name is disclosed by him or becomes known is some
2. In ―private libel‖ or the libelous imputation of the commission of the other manner, his true name shall be inserted in the complaint or
crimes of concubinage, adultery, seduction, abduction, rape or acts of information and in the record of the case – formal amendment
lasciviousness and in slander by deed; and
3. In multiple rape, in so far as the other accused in the other acts of rape Note: Mistake in the name of the accused is not equivalent and does not
committed by them are concerned. necessarily amount to, a mistake in the identity of the accused especially when
sufficient evidence is adduced to show that the accused is pointed to as one of the
Effect of death by the offended party to the criminal action: perpetrators of the crime
If prior to the filing of a case in court, a complaint was already filed by the offended Juridical person: cannot be an accused but the officers therein can be held liable
party with the prosecutor, the death of the complainant will not be sufficient - You cannot imprison the juridical person
justification for the dismissal of the information.
2. The designation of the offense given by the statute
During the pendency of the case, will not extinguish the criminal liability of the
accused whether total or partial. Allegation in the complaint determine the nature of the offense
Distinction between a complaint and Information: A: The accused may be convicted of a crime more serious than that
named in the title or preliminary part if such crime is covered by the
Complaint Information facts alleged in the body of the information and its commission is
established by evidence (Buhat vs. Court of Appeals, 265 SCRA
Must be sworn, hence under Requires no oath
701).
oath
Subscribed by: Subscribed by the prosecutor
3. The acts of omission complained of as constituting the offense
1. The offended party
2. Any peace officer
Nature and character of the Crime: Not to be determine by the caption and
3. Other public officer
preamble of the informationnor by the specification of the provision of the law
charged with the
alleged to have been violated
enforcement of the
law violated - BUT: the recital of the ultimate facts and circumstances in the
information
© Gironella – Macadatar 2017 | Rule 110 – Prosecution of Offenses 116
- it must be understand by person of common understanding committed by the accused public officer in relation to his office is
not sufficient. The phrase is merely ―a conclusion of law‖, not a
4. The name of the offended party factual averment that would show close intimacy between the
offense charged and the discharge of the accused’s official duties.
Same rule name of the accused What is controlling is the specific actual allegations in the
- If it is a juridical person, it is sufficient to state its name or any name or information (Lacson v. Executive Secretary, G.R. No. 128006, Jan.
designation by which it is known or by which it may be identified 20, 1999).
Without need of averring that it is a juridical person or it is
organized in accordance with law
In offenses against property:If the name of the offended party is unknown, the
property must be described in such particularity as to properly identified the Duplicity of the offense:
offense charged
General Rule: a complaint or information must charge only one offense
5. The approximate date of the commission of the offense
Exception:
General Rule: It is not necessary to state the precise date the offense was committed 1. More than one offense may, however, be charged when the law
The offense may thus be alleged to have been committed on a date as near prescribes a single punishment for various offenses (Complex crimes)
as possible to the actual date of its commission 2. Failure of the accused to interpose an objection constitutes waiver
Objection must be made before trial
Exception: when the date of commission is a material element of the offense
Venue of Criminal Action
e.g. Physical injuries, infanticide
As a rule, the criminal action shall be instituted and tried in the court of the
6. The place where the offense was committed municipality or territory
a. Where the offense was committed
How to state the place of the commission of the offense: b. Where any of its essential ingredients occurred
- Sufficient if it can be understood from the allegations of the complaint or
information that the offense was committed or some of its essential In case of written defamation:
elements occurred at some place within the jurisdiction of the court
Venue: RTC of the province or city where the libelous article is printed and first
Test of sufficiency: Whether the crime is described in intelligible terms with such published
particularity as to apprise the accused, with reasonable certainty, of the offense
charged Plus: if the offended party is a private individual: RTC of the province where he
actually resided at the time of the commission of the offense
Questioning the sufficiency: The right to question is not absolute
- Deemed to have waived the right if he fails to object upon his Plus: if the offended party is a public officer: RTC of the province or city where he
arraignment or held office at the time of the commission of the offense
during trial
- The evidence presented during the trial can cure the defect in the Rule where the offense is committed in a train, aircraft or vehicle:In the court
information of any municipality or territory where such train, aircraft or other vehicle passed
during its trip
Objections as to form:cannot be made for the first time on appeal - Including the place of its departure and arrival
- Should have moved the same before arraignment either for:
Rule where offense is committed on board a vessel‖
A bill of particulars or
a. The court of first port of entry or
For the quashal of the information
b. Of the municipality or territory where the vessel passed during its
voyage
Statement of the qualifying and aggravating circumstances:The accused will not
be convicted of the offense proved during the trial if it was not properly alleged in
Rule when the offense is covered by Article 2 of the RPC:The court where the
the information
criminal action is first filed
- It is not the use of the words ―qualifying‖ or ―qualified by‖ that raises a
crime to a higher category, but the specific allegations of an attendant Continuous or transitory crimes – such offenses may be tried by the court of any
circumstance which adds the essential element raising the crime to a jurisdiction wherever the offender may be found, but the complainant should
higher category allege that the offense was committed within the jurisdiction of the court
(Herrera, Vol. IV, p. 184, 2007 ed.).
Cause of Accusation:The allegations of facts constituting the offense charged are
substantial matters and an accused’s right to question his conviction based on facts Piracy – the venue of piracy, unlike all other crimes, has no territorial limits. It is
not alleged in the information cannot be waived triable anywhere
- It is not necessary to employ the words used in statute alleged to have
been violated B.P. 22 cases – the criminal action shall be filed at the place where the check was
- Sufficient to enable a person of common understanding to know the dishonored or issued. In case of crossed check, the place of the depositary or the
following: collecting bank.
The offense being charged
The acts or omissions complained of as constituting the Q: where is the proper venue for the filing of information in the
offense following cases?
The qualifying and aggravating circumstances 1. Theft of a car in Pasig City which was bought to
Obando.,Bulacan, where it was cannibalized.
Q: What must be alleged if the crime is ―committed in relation to 2. The theft by Carl, a bill collector of ABC Company, with main
his office?‖ offices in Makati City, of his collections from customers in
Tagaytay City. In the contract of employment, Carl is detailed
A: Mere allegation in the information that the offense was to the Calamba Branch Office, Laguna, where he was to turn
© Gironella – Macadatar 2017 | Rule 110 – Prosecution of Offenses 117
his collection. 1. New allegations which merely relate to the range of the penalty that the
3. the malversation of public funds by a Philippine Consul court might impose in the event of conviction
detailed in the Philippine Embassy in London 2. An amendment which does not charge another offense different or
distinct from that charged in the original one
A: 3. Additional allegations which do not alter the prosecution’s theory of the
1. The proper venue is Pasig City where the theft of the car was case so as to cause surprise to the accused and affect the form of defense
committed, not in Obando where it was cannibalized. Theft is he has or will assume
not a continuing offense. 4. An amendment which does not adversely affect any substantial right of
2. If the crime charged is theft, the venue is in calamba where he the accused
did not turn in his collections. if the crim of carl is estafa, the 5. An amendment that merely adds specifications to eliminate vagueness
essential ingredients of the offense took place in Tagaygay city in the information and not to introduce new and material facts, and
where he received his collections, in Calamba where he should merely states with additional precision something which is already
have turn his collection, and Makati where ABC company was contained in the original information and adds nothing essential for
based. conviction for the crime charged
3. TheSandiganbayan, where it is located. (Consider the new
law, RA 10660) SUBSTITUTION
Amendment and Substitution of the Complaint or Information What: a mistake has been made in charging the proper offense
Q: What may be amended? The court will dismiss the original complaint or information once new one
charging the proper offense is filed
A: Only valid information may be amended. An information filed Provided the accused will not place in double jeopardy
before the effectivity of the law punishing the offense may not be
amended after the law had come into effect (Herrera, Vol. IV, p. 162, Who move for substitution: It is usually seen by the trial court – they move for
2007 ed.). substitution
Amendment before plea:May be amended in form or substance, without the need Distinction between substitution and amendment:
for leave of court
Amendment Substitution
Except: Nature May involve either formal or Involves a substantial
Leave of court is required when: of the substantial changes change from the original
a. The amendment downgrades the nature of the offense charged offense charge
b. The amendment excludes any accused from the complaint or information Amendment before plea has Has to be with leave of
With or
been entered can be effected court as the original
without
Note: Aside from leave of court, require a motion by the prosecutor, with notice to leave without leave of court information has to be
the offended party dismissed
Where the amendment is only Another preliminary
Prelimin as to form, there is no need for investigation is entailed
Amendment after plea:Any formal amendment may only be made under two ary
conditions: investig another preliminary and the accused has to
1. Leave of court must be secured ation investigation and the retaking plead anew to the new
2. The amendment does not cause prejudice to the rights of the of the plea of the accused information
accused Nature Refers to the same offense Presupposes that the
of the charge in the original new information involves
Note: Amendment in substance, as a rule, clearly not allowed in this stage offense information a different offense
Formal amendment: Where: Q: Arthur was accused of homicide for the killing of Bebang. During
1. it neither affects nor alters the nature of the offense charged; or the trial, the public prosecutor received a copy of the marriage
2. the charge does not deprive the accused of a fair opportunity to present certificate of Arthur and Bebang. Can the public prosecutor move for
his defense; or the amendment of the information to charge Arthur with the crime of
3. It does not involve a change in the basic theory of the prosecution. Parricide?
Effect of Formal amendment: there is no need for another preliminary A: NO. The information cannot be amended to change the offense
investigation and the retaking of the plea of the accused if such were already charged from homicide to parricide. Firstly, the marriage is not a
conducted supervening fact arising from the act constituting the charge of
homicide. Secondly, after plea, amendments may be done only as to
Q: When is there an amendment in substance? form. The amendment is substantial as to change the nature of the
offense.
A: There is an amendment in substance where it covers matters involving the recital
of facts constituting the offense charged and determinative of the jurisdiction of the Q: suppose instead of moving for the amendment of the information,
court. (Almeda v. Villaluz, GR No. L- 31665, August 6, 1975) the public prosecutor presented in evidence the marriage certificate
without objection on the part of the defense, could Arthur be
When an amendment is formal or substantial convicted of parricide?
a) Whether a defense under the information as it originally stood would be
available after the amendment is made A: NO. Arthur can be convicted only with Homicide not of parricide
b) Whether any evidence defendant might have would be equally applicable which is graver offense. The accused has the constitutional rights of
to the information in the one form as in the other due process and to be informed of the nature and the cause of
accusation against him.
Note: Substitution of the private complainant is not a substantial amendment
GENERAL RULE: When a criminal action is instituted, the civil action for the When Made: The reservation shall be made before the prosecution starts presenting
recovery of civil liability arising from the offense shall be deemed instituted with its evidence but always under such circumstances that afford the offended party a
the criminal action. reasonable opportunity to make such reservation
Two aspects of criminal case: What is the reason for the inclusion of the phrase ―under such circumstances
1. Civil that afford the offended party a reasonable opportunity to make such
2. Criminal reservation‖?
- The civil liability arising from the offense charged shall be deemed This rule is added to address a situation where the accused pleads guilty to a non-
instituted with the criminal action capital offense in order to escape civil liability. In such instance, no trial shall be
- The criminal predominate the civil in the proceedings made and the prosecution cannot present its evidence. Nonetheless, a reasonable
opportunity shall be given for the offended party to make the reservation of his
Rationale: to avoid multiplicity of suits right to file a separate action. (In other words, pleading guilty to a non-capital
offense in order to escape civil liability arising from the offense is not allowed.)
Purposes of the criminal and civil aspects:
Case: A makes a valid plea of guilty for the crime of Homicide. The
Criminal action:To punish the offender in order to deter him and others from prosecution no longer presents evidence to prove A’s guilt. B, the offended
committing the same or similar offense party, chooses to reserve the right to institute a separate civil action. A
- To isolate him from the society objected on the ground that he may not do so because there will be no
- Reform and rehabilitate him presentation of evidence by the prosecution. Will A’s contention prosper?
- In general, to maintain social order (Menses v. Luat 12 SCRA 454: Reyes v. Simpio 141 SCRA 208)
Consolidation of the civil action with the criminal action:The offended party Requisites:
may move for the consolidation of the civil action with the criminal action (1) The previously instituted civil action involves an issue similar or
intimately related to the issue raised in the subsequent criminal action
When to file:To be filed before judgment on the merits is rendered in the civil action It is critical to show that the issue in the civil case is
- Tried and decided jointly determinative of the issue in the criminal case
(2) The resolution of such issue determines whether or not the criminal
With regards to the evidence adduced:If evidence had already been adduced in the civil action may proceed
action even before the institution of the criminal action, the evidence so adduced (3) Jurisdiction to try said question must be lodged in another tribunal
shall be deemed automatically reproduced in the criminal action
- Without prejudice to the right to cross examine the witnesses presented Reason for the principle:To avoid two conflicting decision
by the offended party in the criminal case
- It will not also prejudice the right of the party to present additional It may not be invoked in the following situations:
evidence a) Both cases are criminal
b) Both civil
Where to file motion for consolidation – in the civil court c) Both cases are administrative
d) One case is administrative and the other civil
Nature of Consolidation: it is not mandatory. e) One case is administrative and the other is criminal
It is not a ministerial duty of the court trying the criminal action to grant
application for consolidation of an earlier instituted civil action Effect of the existence of a prejudicial question:
- A petition for suspension of the criminal action based upon the
Is the earlier instituted civil action deemed abandoned for pendency of a prejudicial question in a civil action may be filed
failure to consolidate it with the criminal action? - Precludes the motuproprio suspension of the criminal action
- Prejudicial question accords a civil case a preferential treatment
Answer: Yes if the civil action is one to recover civil liability arising
from a criminal action committed by government officials in Note: Suspension does not include dismissal
relation to their office. For all other cases, there is no abandonment
of the civil action by reason of failure to consolidate it with the When to file: The accused must file a motion to suspend before preliminary
criminal action. investigation and if the criminal action is on trial, the motion to suspend must be
filed any time before the prosecution rests.
Note: Effect of failure to consolidate an earlier instituted civil action for crimes
committed by public officials in relation to their office = Abandonment of the Civil Where to file the petition for suspension:
Action - Does not require that the criminal case be already filed in court
- It is sufficient that the case be in the stage of preliminary investigation
Q: can an employer be held civilly liable for quasi delict in a criminal Thus it will be filed to the office of the prosecutor conducting
action filed against his employee? the PI
- The suspension is not to be filed in the civil case but in the criminal case
A: NO since quasi delict is not deemed instituted with the criminal
action. If at all the only civil liability of the employer would be his Illustration:
subsidiary liability under the RPC. First case: criminal case for frustrated parricide
The extinction of the penal action does not carry with it the extinction of the Waiver of right; when is there or no waiver: It being a personal right, it can be
civil action where: waived expressly (must be clear and unequivocal manner) or by implication –
1. The acquittal is based on reasonable doubt as only preponderance of The right to a PI may be waived for failure to invoke the right prior to or
evidence is only required at the time of the plea
2. The court declares that the liability of the accused is only civil It cannot be raised for the first time on appeal
3. The civil liability of the accused does not arise from or is not based upon
the crime of which the accused is acquitted
a) First, by filing the complaint directly with the prosecutor Who issue: applied for and issued by the court in the province, city, or
municipality where the person arrested is held.
The complaint shall comply with the following:
a) The address of the respondent must be indicated in the complaint Questioning the absence of PI:
b) To establish probable cause, the complaint shall be accompanied by: must do so before he enters his plea
i. The affidavit of the complainant failure: waiver
ii. The affidavits of the complainant’s witnesses
the court shall resolve the matter as early as practicable but not later
iii. Other supporting documents
than the start of the trial
c) The appropriate number of copies of the above as there are respondents,
plus two copies for the official file must be submitted a motion to quash is not the proper remedy
d) The affidavits must be subscribed and sworn to before: the court should not dismiss the information
i. any prosecutor or it should remand the case to the prosecutor so that the
ii. government official authorized to administer oaths or investigation may be conducted
iii. before a notary public
Absence of Pi; Effect on jurisdiction of the court: it does not affect the court’s
Note: the prosecutor shall act on the complaint based on the affidavits and other jurisdiction over the case nor does it impair the validity of the information or
supporting documents within 10 days from its filing otherwise, render it defective
The three is obligated to conduct personal examination of the affiants and corollary,
to certify that he personally examined the affiants and that he is satisfied that they Inquest Proceedings
voluntarily executed and understood their affidavits
It is conducted when a person is lawfully arrested without a warrant involving
b) Second, by filing the complaint or information with the MTC: In the even also an offense which requires a PI
same way as when the complaint is filed directly with the prosecutor
Nature: it is not a preliminary investigation
The judge shall personally evaluate the evidence or personally examine in writing it is a summary investigation
and under oath the complainant and his witnesses in the form of searching it is informal
questions and answer
If within 10 days from filing , the judge finds no probable cause, he shall Purpose:to determine whether or not the person detained should remain under
dismiss the same custody and then charged with court
If the judge finds probable cause, he shall issue a warrant of arrest
If the accused has already been arrested, the court shall instead Whose duty:public prosecutor who is assigned inquest duties as an Inquest
issue a commitment order Officer
The court may issue summons instead of warrant of arrest if there is no
necessity in placing the accused under custody Where to discharge duties:unless otherwise directed, only at the police
station/headquarters of the PNP
When preliminary investigation is not required even if the offense is one which
normally requires a preliminary investigation: Commencement:from the time the inquest officer receives the complaint and
referral documents from the law enforcement authorities
If a person arrested lawfully without a warrant involving an offense
which requires a PI, an information or complaint may be filed against him
Referral Document:
without need of PI
1. affidavit of arrest
E.g arrested in flagrante delicto
2. investigation report
If he has been arrested in a place where an inquest prosecutor is available, 3. statement of the complainant and the witnesses
an inquest will be conducted instead of PI 4. other supporting documents gathered
In the absence of the inquest prosecutor, the complaint may be
filed directly with the proper court on the basis of the affidavit Note: the detained person should be present during the inquest proceeding
of the offended party or arresting officer
if necessary, require the presence of the complaining witnesses and
o subject them to informal and summary investigation or
Exception: such person may, nevertheless, ask for a PI before the complaint or
examination for purpose of determining the existence of
information is filed but must sign a waiver of the provision of article 125 of the RPC, probable cause
as amended, in the presence of his counsel
The PI must be terminated within 15 days from inception Instances when production of detained person before the inquest officer is
dispensed with:
Article 125: imposes a penalty upon a public officer or an employee who, although 1. if he is confined in a hospital
having detained a person for some legal ground, fails to deliver the person arrested 2. if he is detained in a place under maximum security
to the proper judicial authorities within the periods of 12, 18, or 36 hours as the case 3. if production of the detained person will involve security risk
may be. 4. if the presence of the detained person is not feasible by reason of age,
health, sex and other similar factors
Remedy: Habeas corpus or bail
Possible option of the inquest prosecutor:
initial duty: determine if the detained person has been arrested lawfully
Note: Judges of the 1st level courts are no longer allowed to conduct PI (Sibulo v. NO Counter Counter 10 Days
Toledo-Mupas, A.M. No. MTJ-07-1686, June 12, 2008) Affidavit Affidavit from
receipt of
The authority of the above shall include all crimes cognizable by the the
proper court in their respective territorial jurisdiction Subpoena
Prosecute /
Resolve
Approve Disapprove
Within 15 days
Motion for reconsideration
from receipt of Rule 43
resolution
Petition for review CA
DOJ
1. Filing of complaint with prosecutor;
Rejoinder Affidavit:Rebuttal of the reply affidavit Reason: no complaint or information may be filed or dismissed without the prior
written authority or approval of the provincial or city prosecutor or chief state
prosecutor or the ombudsman or his deputy
If no Counter Affidavit:The investigating officer shall resolve the complaint based
on the evidence presented by the complainant
Thus, the resolution of the investigating prosecutor may be reversed or
affirmed
Effect: ex parte investigation
Remedy of the respondent:Through a proper motion, to have the proceeding Q:Are the findings or resolution of the investigating prosecutor final?
reopened to allow him to submit his counter-affidavits
A: No, the resolution of the investigating prosecutor is merely
The motion should be done before the prosecutor has issued a resolution
recommendatory. No complaint or information may be filed or
in the case
dismissed by an investigating prosecutor without the prior written
Such motion shall contain explanation for the failure to timely file the authority or approval of the provincial or city prosecutor or chief
counter-affidavit state prosecutor or the Ombudsman or his deputy (Sec. 4).
Clarificatory hearing if necessary:
Q:What is the rule when the recommendation for dismissal by the investigating
prosecutor is disapproved?
When: within 10 days from submission of the counter-affidavit or within 10 days
from the expiration of the period of their submission
A: If the recommendation of the investigating prosecutor is
disapproved by the provincial or city prosecutor or chief state
What: a hearing may be set by the hearing officer prosecutor or the Ombudsman or his deputy on the ground that a
probable cause exists, the latter, may by himself, file the
Condition: if there are facts and issues to be clarified either from a party or the information against the respondent, or direct another assistant
witnesses prosecutor or state prosecutor to do so without conducting another
preliminary investigation (Sec. 4)
Note: The parties can be present at the hearingBut do not have the right to examine
or cross-examine each other or the witnesses Q:What is the rule when the resolution is reversed or modified by the Secretary
If they have questions to ask, they shall submit their questions to the of Justice?
investigating officer who shall ask the questions to the party or witness
concerned A: If upon petition by a proper party or motuproprio, the Secretary
of Justice reverses or modifies the resolution of the provincial or city
Termination: within 5 days prosecutor or chief state prosecutor, he shall direct the prosecutor
concerned either to file the corresponding information without
Determination by the investigating officer: conducting another preliminary investigation, or to dismiss or move
Within 10 days from the termination of the investigation for dismissal of the complaint or information with notice to the
parties (Sec. 4)
Authority to Summon Assistance:The authority to effect an arrest carries with it An officer noticed the butt of a pistol bulge from one’s waist within the view of the officer does not
an authority to orally summon as many persons as he deems necessary to assist him conclusively constitute an overt act of the crime of illegal possession of firearm which would justify
in effecting the arrest immediate arrest. When the apprehension was made, the officer had no awareness that a crime is
being committed in his presence since he had no prior knowledge that the person carrying the same
Note:The duty of the person summoned does not arise when rendering assistance had no license for the firearm, a knowledge that came to him only after the arrest.
would cause harm to himself Thus, the gun is a fruit of a poisonous tree
Remedy of the officer: invoke plain view doctrine
When person to be arrested is inside a building:The rules authorize the officer, in
order to make an arrest, to break into any building or enclosure in case he is refuse
admittance after announcing his authority and purpose Hot Pursuit
After entering, he may break out from said place if necessary to liberate
himself from the same place Two requirements:
a) An offense has just been committed, and
b) The person making the arrest has personal knowledge of facts
When a warrantless arrest is lawful:
indicating that the person to be arrested has committed it
General rule: warrant is needed
Note: It does not require that the arresting officers to personally witness the
commission of the offense with their own eyes
Exceptions:
Valid warrantless arrest Personal knowledge of facts must be based on probable cause, which means an
actual belief or reasonable grounds of suspicion
Coupled with good faith on the part of the peace officers making the
(1) in flagrante exception arrest
When, in his presence, the person to be arrested has committed, is actually Example: the petitioner’s act of trying to get away, coupled with the incident
committing, or is attempting to commit an offense report which they investigated, is enough to raise a reasonable suspicion on the
part of the police authorities to the existence of a probable cause
(2) hot pursuit exception
Q:The officers went to the scene of the crime where they found a piece of wood
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 and a concrete hollow block used by the killers in bludgeoning the victim to
arrested has committed it death. A neighbor of the accused who witnessed the killing, pointed to Roberto as
one of the assailants. Roberto was arrested three hours after the killing. Is the
(3) escapee exception arrest a valid warrantless arrest?
When the person to be arrested is a prisoner who has escaped from a penal A: Yes. Under the abovementioned circumstances, since the
establishment where he is serving final judgment or is temporarily confined while policemen had personal knowledge of the violent death of the
his case is pending or has escaped while being transferred from one confinement to victim and of facts indicating that Roberto and two others had
another killed him, they could lawfully arrest Roberto without a warrant. If
they had postponed his arrest until they could obtain a warrant, he
Violation condition of bail: Bondsman: A bondsman may arrest an accused for the would have fled the law as his two companions did. (People v.
purpose of surrendering him to the court Gerente, 219 SCRA 756)
Note: An accused released on bail may be re-arrested without a warrant if he Method of arrest without a warrant
attempts to depart from the Philippines without permission of the court where the
case is pending a) Arrest by an officer – the officer shall inform the person to be arrested of
his:
Who may make warrantless arrest: 1. Authority
Peace officer 2. The cause of his arrest
Private person – Citizen’s arrest
Exception: when information need not be given
In Flagrante Delicto (1) If the person to be arrested is engaged in the commission of the crime
(2) Is in the process of being pursued immediately after its commission
Means caught in the act of committing a crime (3) Escapes or flees
(4) Forcibly resists before the officer has the opportunity to so inform him
The basis of in flagrante delicto exception: (5) When the giving of such information will imperil the arrest
Mere suspicion and reliable information are not justifications for a
warrantless arrest b) Arrest by a private person – he shall inform the person to be arrested not his
authority to arrest, but his:
The rules requires that the accused perform some overt act that would
1. intention to arrest him and
indicate that he has committed, is actually committing, or is attempting
2. the cause of his arrest
to commit an offense
The basis is provided for in Section 5 (a), Rule 113
When the illegality of the arrest is cured:deemed cured when he voluntarily submits to the both persons and places
jurisdiction of the trial court It involves the taking and the seizure of things
of person in custody found therein
Persons not subject to arrest:
a senator or member of the House of representatives A search may follow an arrest but the search must be incidental to a
all offenses punishable by not more than 6 years lawful arrest
imprisonment, be privileged from arrest while the Congress is Determin the judge must have requires facts to show that
in session ation of sufficient facts in his particular things connected
sovereigns and other chiefs of state, ambassadors, ministers probable hands that would tend with a crime are found in a
plenipotentiary, ministers resident, and charge d’affaires cause to show that a crime specific location
immune from the criminal jurisdiction of the country of their has been committed
assignment and that a particular
person committed it
Remedies / Summary The probable cause to arrest does not necessarily involve a probable
cause to search and vice versa.
If no case has been filed To file a petition for habeas Examinat The judge is not The judge must personally
against the arrested person corpus on the ground that his ion by necessarily required to examine the complainant
and he remains detained arrest and detention is illegal. the Judge make a personal and the witnesses he may
examination produce in determining
Bail may also be posted. probable cause
If a case has been filed against to file a motion to quash the Time of May be made on any Generally served in the day
the arrested person complaint or information on the executio day and at any time of time, unless there be a
ground that the court has no n or the day and night direction in the warrant
jurisdiction over his person service of that it may be served at any
If a person has not yet been file a motion to quash the the time of the day and night
arrested or detained, but there warrant of arrest on the ground warrant
is a standing warrant for his that it was improperly issued Life Span Valid until served 10 calendar days from
arrest receipt
If a person has already been File a motion to quash the Particula Described the person No need to name the person
arrested by virtue of a warrant complaint or information on the rity to be arrested where the search shall be
of arrest yet he claims that the ground that the court has not conducted
warrant was improperly acquired jurisdiction over his
issued person.
Search: is an examination of a man's house or other buildings or premises or his Answer: No, nothing in AM No. 99-10-09-SC prohibits the head of
person for the discovery of contraband or illicit or stolen property or some evidence NBI and of other law enforcement agencies mentioned from
of guilt to be used in the prosecution of criminal action for some offense with which delegating their ministerial duty of endorsing the application to
he is charged their assistant heads. Besides, under Section 31, Chapter 6, Book IV
of the Administrative Code of 1987, an assistant head or other
Seizure: it is the physical taking of a thing into custody subordinate in every bureau may perform such duties as may be
specified by their superior or head, as long as it is not inconsistent
Application for Search Warrant: with law. (Sps. Marimla v People GR No. 158467, October 16, 2009)
Who applies for search warrant: only law enforcement agency charged with the Question: Does an application for a search warrant partake a
law violated criminal action or at least in the nature of a criminal action?
Where to file: Answer: No. A search warrant is not a criminal action nor does it
represent a commencement of a criminal prosecution even if it is
General Rule:Filed before any court within whose territorial jurisdiction a crime was entitled like a criminal action. It is not a proceeding against a
committed person but is solely for the discovery and to get possession of
personal property. It is a special and peculiar remedy, drastic in
Exception: nature, and made necessary because of public necessity. It
(1) The application may be made before any court within the judicial region resembles in some respects with what is commonly known as John
where the crime was committed if the place of the commission of the Doe proceedings. (United Laboratories, Inc. V. Isip, 461 SCRA 574)
crime is known
(2) The application may also be filed before any court within the judicial *Therefore, the proceedings for the application for a search warrant need not be
region where the warrant shall be enforced initiated by the state prosecutor, and the court may not quash the application for a
search warrant or the search warrant itself due to the fact that it does not bear the
Note: (1) and (2), filing in such courts require compelling reasons stated in the conformity of the public prosecutor. (Worldwide Web Corporation et al. v. People
application of the Philippines et al., G.R. No. 161106, Jan. 13, 2014)
(3) The application shall be made only in the court where the criminal action Case: The applicant for a search warrant filed his application before the court. His
is pending, if the criminal action has already been filed application does not bear the approval or any conformity of the state prosecutor.
As a consequence, his application was quashed by the court. To justify its ruling, it
Q: Barney filed a complaint with the NBI against Ted alleging that cited Rule 110, Sec. 5 providing that ―All criminal actions commenced by a
the latter was engaged in the reproduction and distributions of complaint or information shall be prosecuted under the direction and control of
counterfeit products originally produce by Barney. Said products, the prosecutor.‖ Is the court correct?
allegedly, was produced in Cavite but sold in Manila. Thus, NBI
applied with the RTC of Manila for warrants to search Ted's Answer: No, the court is not correct. Sec. 5, Rule 110 does not apply because an
premises in Cavite. The NBI served the search warrants on Ted's application for search warrant, although it is a criminal process, is not a criminal
premises and seized the said counterfeit products. Thereafter, Ted action. Therefore, the conformity of the public prosecutor is not necessary to give
filed a motion to quash the search warrant questioning the the applicant a personality to question an order quashing the search warrant.
propriety of the venue where the warrant was enforced. Should the (Worldwide Web Corporation et al. v. People of the Philippines et al., G.R. No.
motion to quash be granted? 161106, supra)
Is it necessary to furnish a notice or copy of the application for a search
A: No. As a general rule, search warrants issued by courts may be warrant to the party against whom properties will be seized?
effectuated only within their territorial jurisdiction. Thus, the RTC
of Manila does not have the authority to issue a search warrant for No. An application for a search warrant is heard ex-parte. It is neither a trial nor a
offenses committed in Cavite. Nonetheless, this case involves a part of the trial. Action on these applications must be expedited for time is of the
transitory or continuing offense of unfair competition. essence. Great reliance has to be accorded by the judge to the testimonies under
oath of the complainant and the witnesses. (Chemise Lacoste, S.A. v Fernandez,
Being a transitory and continuing offense, Barney may apply for a 214 Phil. 332; Santos v Pryce Gases, Inc., GR No. 165122, November 23, 2007)
search warrant in any court where any element of the alleged
offense was committed, including any of the court's within the (Just imagine the consequences if prior notice must be given to the person against
NCR whom, personal property will be seized – i.e. drug dealer, suspected killer, thief,
robber, carnapper, etc. All the weapons, drug paraphernalia, or any other item that
Ex Parte Application:It is neither a trial nor a part of a trial may be confiscated will easily be concealed and the application will definitely be
The application must be expedited for time is the essence opposed)
Search warrants involving heinous crimes and other:The following are Question: Does an application for a search warrant need to have a
authorized to act on all applications for search warrants involving heinous crimes, certification of non-forum shopping?
illegal gambling, dangerous drugs and illegal possessions of firearms:
Answer: No, there is no rule requiring that it bears a certification of
The Executive Judge and the vice executive judge of RTC of manila and
non-forum shopping.
QC filed by PNP, NBI, PAOC-TF (Presidential Anti-Organized Crime
Task Force) and REACT-TF (Reaction Against Crime Task Force)- AM
No. 99-20-09 SC Property Subject of a Search Warrant: Personal property, not real property
Includes PDEA (2012)
A search warrant may be issued not only for the search but also for the seizure of
the following:
Note: Search and Arrest warrants issued pursuant to AM No. 99-20-09 SC may be
1. Personal property subject of the offense
served outside the territorial jurisdiction of the RTC of Manila or Quezon City.
2. Personal property stolen or embezzled and other proceeds, or fruits of
the offense, or
Question: Is it necessary that the heads of the offices mentioned 3. Personal property used or intended to be used as a means of committing
under AM No. 99-20-09 SC be the ones to personally endorse the an offense
Note: Inherent in the court’s power to issue search warrants is the power to quash Issuance and form of the search warrant:The warrant shall be issued when the
warrants already issued judge is satisfied of the existence of:
Adherence to the above requisites is necessary to prevent a fishing - Facts upon which the application is based or
expedition. - That there is probable cause to believe that they exist
Roving or scattershot warrants are void. They are issued for more than The form of the search warrant must be substantially in the
one offense. form prescribed by the rules
Probable cause in search warrants:Such facts and circumstances that would lead a Duration of the validity of the search warrant:Valid for 10 days from its date
reasonably discreet and prudent man to believe that an offense has been committed - Thereafter, it shall be void
and the objects sought in connection with the offense are in place to be searched
The facts and circumstances being referred thereto pertain to facts, data Time of making the search:Served in the daytime and such fact must be so
or information personally known to the applicant and the witnesses he directed by the warrant
may produce - However, if the affidavit asserts that the property is on the person or in
Does not mean actual and positive cause, nor does it import absolute the place ordered to be searched, the warrant may insert a direction
certainty that it may be served at any time of day or night
NO. Such particular article may be severed from the rest of the May the implementation of the search warrant be done on
search warrant, provide that the remaining parts meet the different days?
requirement of probable cause and particularity.
A: YES. It could be served at any time within its 10 day lifetime, and
How the examination shall be conducted by the judge: if its object or purpose cannot be accomplished in one day, the same
(1) The examination must be personally conducted by the judge may not be used for different purpose on each day. After the articles
(2) The examination must be in the form of searching questions and answers for which the warrant was issued have been seized, the same
(3) The complainant and the witnesses shall be examined on those facts warrant cannot be utilized as authority to make another search
personally known to them
(4) The statements must be in writing and under oath Manner of making search:The search must be made in the presence of the lawful
(5) The sworn statements of the complainant and the witnesses, together occupant of the house, room or any other premises, or any member of the lawful
with the affidavits shall be attached to the record occupant’s family.
- In the absence of the latter, the search shall be made in the presence of
Particular description of place or person: two witnesses of sufficient age and discretion residing in the same
locality
Place:Sufficient if the officer with a warrant can, with reasonable effort, ascertain - The officer seizing the property must give detail receipt for the same to
and identify the place intended and distinguish it from other places in the the lawful occupant of the premises in whose presence the search and
community seizure were made or his absence the two witnesses
- The executing officer’s prior knowledge as to the place intended in the
warrant is relevant Immediate Control Test: in connection with plain view
- Difference: in plain view but not in immediate control
Person:Determine whether the person has been sufficiently described with - In an arm’s length
particularity sufficient to identify him with reasonable certainty
- Even if his name is unknown or erroneously written, the description of A search incidental to a lawful warrantless arrest may extend beyond the person
the person with certainty to identify him and set him apart from others where the exigencies of the situation justify a warrantless search for dangerous
is enough to lend validity to the warrant weapons and to prevent the arrestee from destroying evidence of the crime within
- Not necessary that it is technically accurate in every detail reach
Particular Description of the Items to be seized: It is designed to prevent general Knock and Announce rule:The officer may break open any outer or inner door or
searches and avoid the seizure of a thing not described in the warrant and also so window of a house or any part of a house or anything therein provided the
nothing is to e left to the discretion of the officer executing the warrant following requisites are complied with:
- The requirement of particularity is said to be satisfied if the warrant 1. The officer gives notice of his purpose and authority
imposes a meaningful restriction upon the objects to be seized 2. He is refused admittance to the place of directed search despite the
A meaningful restriction is one that leaves nothing to the notice
discretion of the officer who conducts the search 3. The purpose of breaking is to execute the warrant or to liberate himself
- The use of a generic term or a general description in a warrant is allowed or any person lawfully aiding him when unlawfully detained therein
only when a more specific description of the things to be seized is not
available Duties of the officer after the search and seizure:
Note: A violation of the above rules shall constitute contempt of court No, X may no longer file a motion to suppress illegally obtained
evidence. It will simply be a rehash of the issues in the earlier filed
Duty of the judge: motion to quash the warrant. In order to resolve X’s motion to
1. Shall ascertain if the return has been made, he shall do so 10 days after suppress, the court will dwell once more on the issue of legality of
issuance of the warrant the search, which has already been duly tackled in denying the
2. If no return has been made, the judge shall summon the person to whom motion to quash.
the warrant was issued and require him to explain why no return was
made What then is the remedy of an accused whose motion to quash
3. If the return has been made, the judge shall ascertain whether the giving the search warrant has been denied?
of a receipt for the property seized was complied with and shall require
that the property seized be delivered to him It depends. It is either a petition for certiorari under Rule 65 or an
ordinary appeal. A petition for certiorari is the remedy when the
Objection to issuance or service of a warrant:Must be made before he enters his application for a search warrant is filed incidental to a criminal
plea, otherwise, the objection is deemed waived action, or in anticipation of a criminal action. In this case, the denial
of the motion to quash the search warrant is merely an
What is the issue in a motion to quash a search warrant? interlocutory order, which cannot be appealed. Appeal is the
remedy when the application for a search warrant is filed
In a motion to quash a search warrant, what is assailed is the independently from/of a criminal action. In such instance, the denial
validity of the issuance of the warrant. The manner of serving the of the motion to quash is a final order, which is the proper subject of
warrant and of effecting the search are not an issue to be resolved in an appeal. (Worldwide Web Corporation et al. v. People of the Philippines et
said motion. (People v CFI of Rizal, 101 SCRA 86, [1980]) al., G.R. No. 161106, Jan. 13, 2014)
Where to file motion to quash a search warrant or to suppress evidence: Filed When is an application for a search warrant filed incidental to a
and acted upon only by the court where the action has been instituted criminal action? When is it filed independently from/of a
- If no criminal action has been instituted, the motion may be filed in and criminal action?
resolved by the court that issued the search warrant
If such court failed to resolve the motion and a criminal case An application for search warrant may be filed as an incident in a
is subsequently filed in another court, the motion shall be main criminal case already filed in court. Or, such an application
resolved by the latter court may be filed in court in anticipation of one yet to be filed (here, the
application for search warrant is instituted as a principal
Who may assail the issuance of a search warrant:Only by the party whose rights proceeding prior to the filing of the criminal action). (Wordlwide Web
have been impaired thereby Corporation et al. v. People. Supra)
- Purely personal and cannot be availed of by a third person
If the application is filed not within the circumstances mentioned
Note: The manager of an establishment is a real party-in-interest to seek the above, it is said to be independent from/of a criminal action. The
quashal of the search warrant, for the obvious reasons that the search warrant, if he application is independent from/of a criminal action, if it is not
is named as the respondent and the place or premises to be searched is the incidental thereto. (by analogy. Hehe)
establishment he is managing. A corporation, being the owner of the items seized is
also a real party-in-interest who may question the search warrant. (Santos v. Pryce *from Atty. Mangallay’s Note
Gases, supra)
Exception to the search warrant requirement:
What is the remedy available as against the items seized by
virtue of an illegal or void warrant? 1. Warrantless search incidental to a lawful arrest
The following are the remedies available in relation to the
items that were seized by virtue of an illegal or void search warrant. A person lawfully arrested may be searched for:
1) Motion to suppress illegally obtained or seized - dangerous weapons or
evidence. - anything which may have been used or
2) Replevin
- constitute proof in the commission of an offense without a search
3) Petition for Certiorari
warrant
Note: Motion to suppress illegally obtained or seized evidence will
Note: it is only the person lawfully arrested who is to be search and it does not
prevent the presentation of these pieces of evidence before the
include the premises
court.
2. Seizure of evidence in plain view
Replevin is a remedy to regain or take possession over personal
properties.
Elements:
a. A prior valid intrusion based on a valid warrantless arrest in which the
Petition for Certiorari under Rule 65 is available only in the
police are legally present in the pursuit of their official duties
instance of grave abuse of discretion amounting to lack or excess of
b. The evidence was advertently discovered by the police who have the
jurisdiction. Again, what is assailed is the validity of the search
right to be where they are
warrant, and nothing else.
c. The evidence must be immediately apparent
d. ―plain view‖ justified mere seizure of evidence without further search
Petition for certiorari for unwarranted quashal of a search warrant:Proper
remedy
3. Search of a moving vehicle
- An unwarranted reversal of an earlier finding of a probable cause
constitute grave abuse of discretion
Purpose: possibility of the accused of moving out of the jurisdiction of the court 7. Exigent and emergency circumstances
Checkpoints: valid for as long as they are warranted by exigencies of It is a Case to case basis.
public order and are conducted in a way least intrusive to motorists
o Limited only to visual search
8. Search of vessels and aircraft
4. Consented warrantless search
9. Inspection of buildings and other premises for the enforcement of fire, sanitary and
- The consent must be voluntary building regulations
- It must be unequivocal, specific and intelligently given
- It must be shown by clear and convincing evidence Buy Bust Operations: It is a form of entrapment legally employed by peace officers
as an effective way of apprehending drug dealers in the act of committing an
To constitute a waiver, it must appear that: offense
a) The right exists - A search warrant or warrant of arrest is not needed since the accused is
b) The person involved had knowledge, either actual or constructive, of the caught in flagrante delicto
existence of such right
c) The said person had an actual intention to relinquish such right Entrapment and Instigation:
5. Customs search Entrapment: the employment of such ways and means for the purpose of trapping or
capturing a lawbreaker
Purpose: to determine products or goods imported whether they are detrimental to e.g. buy bust operation
the State’s security
Instigation: means by which the accused is lured into the commission of the offense
Q: The search warrant authorized the seizure of "undertermined charged in order to prosecute him
quantity of shabu". During the service of the search warrant, the
raiding team also recovered a kilo of dried marijuana leaves Applicable tests in a buy bust operation:There is no rigid or textbook method in
wrapped in newsprint. The accused moved to suppress the conducting a buy bust operation
marijuana leaves since they were not covered by the search warrant.
The state justified the seizure of the marijuana leaves under the In determining the occurrence of entrapment, two tests have been developed:
"plain view" doctrine. There were no indications of whether the
marijuana leaves were discovered and seized before or after the Subjective test – the focus is on the intent or predisposition of the accused to
seizure of the shabu. If you are the judge, how would you rule the commit a crime
motion to suppress?
Objective test – the primary focus is on the particular conduct of the law
A: it should be granted. The search warrant violates the enforcement officials or their agents and the accused’s predisposition becomes
constitutional and statutory requirement that. Should particularly irrelevant
describe the person or things to be seized. The plain view doctrine - Philippine courts adopted this test in upholding the validity of a buy
cannot be invoked because the marijuana leaves were wrapped in bust operation
newsprint. Besides the marijuana leaves are not the subject of the
search warrant. There was no evidence as to whether the marijuana Effect of absence of prior surveillance before a buy bust operation:Absence
leaves were discovered and seized before or after the seizure of the does not affect the legality of the operation
shabu. If they were discovered after the seizure of the shabu, then
they could not have been seized in plain view. The confiscation of Effect of absence of record in police blotter:The non-recording of the buy bust
the marijuana leaves must not be upheld, hence rendering the same money in the police blotter will not affect the validity of the operations
inadmissible in evidence against the accused.
Bond to ensure the return of the seized item:An order requiring the owner of
6. Stop and frisk or Terry searches seized property to file a bond to ensure the return of the seized items should the
DOJ find probable cause against it has no basis in law
Two parts: the ―stop‖ and the ―frisk‖
Effect of an illegal search and seizure:
- A valid ―stop‖ by an officer requires that he has a reasonable and May be quashed through proper motion
articulable belief that criminal activity has happened or about to happen Motion to quash the search warrant
- The ―frisk‖ must be done because of reasonable belief that the person When evidence is illegally obtained
stopped is in possession of a weapon that will pose a danger to the
Motion to suppress the evidence
officer and others
Exclusionary rule – prevents the admission of evidence illegally
The frisk must be a mere pat down outside the person’s outer
obtained
garment and not unreasonably intrusive
Exclusion of the evidence obtained – fruit of the poisonous tree
The operation is the act of a police officer to stop a citizen on the street, interrogate him, and pat
Note: the remedies are alternative
him for weapons or contraband.
- The apprehending police officer must have a genuine reason, in
accordance with the police officer’s experience and the surrounding Civil Damages: By separate civil action
conditions, to warrant the belief that the person to be held has weapons For the wrong inflicted on them by an improperly obtained or enforced
concealed about him search warrant
Yes, Ass-asin’s objection is valid. Foremost, the search warrant is for Note: Even though there is a reasonable doubt as to the guilt of the accused, if on
the house, and not the nipa hut. The place described in the warrant an examination of the entire record the presumption is great that the accused is
is controlling, and the search party does not have any authority to guilty of a capital offense, bail should be refused
search for places not included in it. Further, under the facts of the
case, there was no compliance with the two-witness rule. Test:The test is not whether the evidence establishes guilt beyond reasonable
doubt but rather whether it shows evident guilt or great presumption of guilt
Rule 114 – Bail
Bail in the military: Traditionally not been recognized and is not available in the
Definition:Security given for the release of a person in custody of the law, furnished military
by him or a bondsman, to guarantee his appearance before any court as required The right to a speedy trial is given more emphasis in the military
under certain specific conditions
Bail in extradition proceedings:
Bondsman: one who furnishes the security given for the provisional release of the The right is available
person in custody of the law The right of the prospective extraditee to apply for bail must be viewed
in the light of the various treaty obligations of the Philippines
Purposes: concerning respect for the promotion and protection of human rights
Bail in deportation proceedings:Aliens have no inherent right to bail 2. Promulgation – Some authors insist that the presence of
Person arrested or detained cannot be released on bail, unless that the the accused is important in promulgation. The absence of
right is granted expressly by law the accused during promulgation will not invalidate the
The commissioner of Immigration has the power and discretion to grant proceedings. However, it will cause him to lose his
bail remedies against a judgment of conviction such as
The grant is merely permissive and not mandatory or reconsideration, appeal, and new trial.
obligatory
When is appearance by the accused required by the Court?
Application for Bail and Determination of Strength of Evidence
of Guilt Appearance by the accused is required by the court in the following.
a) In-court Identification – In a criminal action, the
Procedure: identity of the accused just like the crime itself must
1. Accused applies for bail. Copy-furnish to other party. be proven beyond reasonable doubt.
2. The court notifies the prosecution. b) Trial in absencia – trial in absencia may proceed
3. Bail hearing - The prosecution presents evidence in provided the accused was given due notice for the
opposition to bail. date of trial.
4. The court makes a resolution whether the evidence of *Therefore, if a question is asked calling for the instances when the
guilt is strong or not. If the evidence of guilt is strong, the accused’s presence is essential, enumerate arraignment and entry of
application is denied. Otherwise, the application is plea, in-court identification, trial in absencia. (promulgation may be
granted. included)
Who furnishes the bail: Court cannot require arraignment before the grant of bail:The grant of bail
1. By the bail applicant himself or should not be conditioned upon prior arraignment of the accused
2. By a bondsman
Forms of bail:
Obligation and right of the bondsman: a) Corporate surety – furnished by a corporation, through an officer duly
authorized by the board of directors
Surrender the accused to the court for execution of the final judgment
b) Property bond – undertaking constituted as lien on the real property
Thus, he may arrest him or, upon written authority endorsed
given as security for the amount of the bail
on a certified copy of the undertaking, cause him to be arrested
by a police officer or any other person of suitable age and
The sureties in a property bond must have the following qualifications:
discretion i. Each must be a resident owner of real estate within the Philippines
An accused released on bail may be re-arrested without the necessity of a ii. Where there is only one surety, his real estate must be worth at least the
warrant if he attempts to depart from the Philippines without amount of the undertaking
permission of the court where the case is pending iii. 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
In custody of the law or otherwise deprived of his liberty must be equivalent to the whole amount of the bail demanded
Required before the court can act on an application for bail, but is not
required for the adjudication of other reliefs sought by the defendant c) Cash deposit – deposit with the nearest collector of internal revenue or
provincial, city or municipal treasurer or the clerk of court
How: when he has been arrested or has surrendered himself to the jurisdiction of the d) Recognizance – It is an undertaking of a disinterested person with high
court credibility wherein he will execute an affidavit of recognizance to the
effect that when the presence of the accused is required in court, the
Bail for those not yet charged:Any person in custody who is not yet charged in custodian will bring him to that court.
court may apply for bail with any court in the province, city, or municipality where
he is held When recognizance is allowed:
A person deprived of his liberty may apply for bail as soon as he is 1. When the offense charged is for violation of an ordinance, a light felony,
deprived of his liberty, even before a complaint or information is filed or a criminal offense, the imposable penalty of which does not exceed 6
against him months imprisonment and/or 2000 fine, under the circumstances
provided for in RA 6036
What are the Conditions of Bail? 2. Where a person has been in custody for a period equal to or more than
the minimum of the imposable principal penalty
1. The undertaking shall be effective upon approval, and 3. Where the accused has applied for probation, pending finality of the
unless cancelled, shall remain in force at all stages of the judgment but no bail was filed or the accused is incapable of filing one
case until promulgation of the judgment of the RTC, 4. In case of youthful offender held for physical or mental examination,
irrespective whether the case was originally filed in or trial or appeal, if he is unable to furnish bail and under the
appealed to it. circumstances envisaged in PD 603
2. That the accused shall appear in court whenever required 5. In summary procedure, when the accused has been arrested for failure to
by court or the rules of court. (Important) appear when required
3. Failure to appear in court notwithstanding any waiver
shall constitute trial in absentia. Liability of the surety or bondsman: it is inherently civil in nature. The liability
4. That accused shall surrender himself to court for arises not from the violation of, or an obligation to comply with, a penal provision
execution. of law. It emerges instead from a contract, the bond subscribed jointly by the
accused and the surety or bondsmen.
When is appearance by the accused required by the Rules of
Court? The obligation of the accused on the bond is different from the surety in that the
former can be made to suffer a criminal penalty for failure to comply with the
1. Arraignment and Entry of Plea – Accused must obligations on the bail bond. However, the surety is not under a similar path of
personally enter his plea. Without a valid plea, any punishment, as its liability on the bail bond would merely be civil in character.
subsequent proceedings are void. Nonetheless, an invalid
Consider primarily, but not limited to, the following: Remedy when bail is denied:File a petition for certiorari if the trial court
a) Financial ability committed a grave abuse of discretion amounting to excess or lack of jurisdiction
b) Nature and circumstances of the offense in issuing the said order
c) Penalty for the offense charged
d) Character and reputation of the accused When bail is a matter of discretion:
e) Age and health 1. When the accused has been convicted in the RTC of an offense not
f) Weight of evidence punishable by death, reclusion perpetua, or life imprisonment
g) Probability of the accused appearing at the trial 2. When the evidence of guilt is not strong
h) Forfeiture of other bail
i) The fact that the accused was a fugitive from justice when arrested Discretion: Where the application to be filed:
j) Pendency of other cases where the accused is on bail The application for bail may be filed and acted upon by the trial court
Even if a notice of appeal has already been filed
Fixing of the amount of bail: pending the raffle of the case to a regular branch of Provided that the trial court has not yet transmitted the
the court, the accused may move for the fixing of the amount of bail, in which event, original record to the appellate court
the Executive Judge shall cause the immediate raffle of the case for assignment and If the original record has already been transmitted to the appellate
the hearing of the motion court, then the application shall be filed with the said appellate court
If the decision of the RTC convicting the accused changed the nature of
Duration of the bail:Effected upon approval, and unless cancelled, shall remain in
the offense from non-bailable to bailable, the application for bail can
force at all stages of the case until promulgation of judgment of the RTC,
only be filed with and resolved by the appellate court
irrespective of whether the case was originally filed in or appealed to it
When application for bail after conviction by the RTC shall be denied:If
No release or transfer of person in custody:
penalty imposed is death, reclusion perpetua, or life imprisonment, bail should be
No person under detention by legal process shall be preleased or transferred except:
denied since the conviction indicates strong evidence of guilt based on proof
a) Upon order of the court
beyond reasonable doubt
b) When he is admitted to bail
The court is not authorized to deny or cancel the bail ex parte. The rule
requires ―notice to the accused‖
When bail is not required:
1. When the law or the Rules so provide The resolution of the RTC denying or cancelling the bail may be
2. Where a person has been in custody for a period equal to or more than reviewed by the appellate court motuproprio or on motion of any party
the maximum imprisonment prescribed for the offense charged, he shall after notice to the adverse party in either case
be released immediately
3. Also, if the maximum penalty to which the accused may be sentence is Hearing:A hearing of the application for ail is to be conducted when a person is in
distierro, he shall be release after 30 days of preventive imprisonment custody for the commission of an offense punishable by death, reclusion perpetua,
or life imprisonment
When bail is not allowed:Bail is Neither a Matter of Right nor Discretion The prosecution has the burden of showing that the evidence of guilt is
1. A person charged with a capital offense, or an offense punishable by strong
reclusion perpetua or life imprisonment, shall not be admitted to bail
when evidence of guilt is strong regardless of the stage of the criminal Evidence in bail hearing:The evidence presented during the bail hearing shall be
prosecution considered automatically reproduced at the trial
2. After a judgment of conviction has become final Any witness during the bail hearing may, upon motion of either party,
3. After the accused has commenced to serve sentence be recalled by the court for additional examination except if such
4. After judgment of conviction by the RTC and the penalty imposed is witness is:
more than 6 years but less than death, reclusion perpetua, or life Dead
imprisonment and the following bail negating circumstances are present: Outside the Philippines
a. The accused is a recidivist or a quasi-recidivist, a habitual Otherwise unable to testify
delinquent or has committed the crime aggravated by the
circumstance of reiteration Capital offenses: Is an offense which, under the law existing at the time of its
b. The accused has previously escaped from legal confinement, commission and of the application for admission to bail, may be punished with
evaded sentence, or violated the conditions of his bail without death
valid justification If Death penalty is prohibited, in lieu, the following shall be imposed:
c. The accused committed the offense while under probation,
Reclusion perpetua
parole or conditional pardon
d. That the circumstances of his case indicate the probability of Life imprisonment
flight if released on bail Determined by the penalty prescribed by law and not the penalty to be
e. That there is undue risk that he may commit another crime imposed
during the pendency of the appeal
Where application or petition for bail may be filed:
Is the absence of any bail negating circumstance an assurance for General rule: where the case is pending
the grant of bail?
If the judge is absent: may be filed with any RTC, MeTC, MTC or MCTC in the
No. A finding that none of the said circumstances is present will not province, city or municipality
automatically result in the grant of bail. Such finding will simply
authorize the court to use the less stringent sound discretion Exception:
Who may issue a Hold Departure Order Validity of a WLO: valid for sixty (60) days unless sooner terminated or
1. The Regional Trial Court pursuant to SC Circular 39-97; extended, for a non-extendible period of not more than sixty (60) days.
2. By the RTC sitting as a Family Court pursuant to A.M. No. 02-11-12-SC,
3. By the Department of Justice pursuant to Department Order No. 41. Permission to leave country: Permission to leave the country should be filed in
the same court where the case is pending because they are in the best position to
When issued: only in criminal cases within the exclusive jurisdiction of the judge the propriety and implication of the same
Regional Trial Courts (SC Circular 39-97); upon proper motion of the party.
Remedy against HDO/WLO: A WLO may be attacked by filing a motion for
Effect of the acquittal of the accused or dismissal of the case to the hold cancellation or by getting an Allow Departure Order from the DOJ or by filing a
departure order issued by the RTC: the judgment of acquittal or the order of Motion to Lift Hold Departure Order.
dismissal shall include therein the cancellation of the Hold-Departure Order issued.
Allow Departure Order: is a directive that allows the traveler to leave the
The Court concerned shall furnish the Department of Foreign Affairs and the territorial jurisdiction of the Philippines. This is issued upon application to the
Bureau of Immigration with a copy each of the judgment of acquittal promulgated Commissioner of Immigration and the appropriate government agency.
or the order of dismissal issued within twenty-four [24] hours from the time of
promulgation/issuance and likewise through the fastest available means of Any person subject of an HDO/ WLO pursuant to Department Order No. 41, who
transmittal. intends, for some exceptional reasons, to leave the country may, upon application
under oath with the Secretary of Justice, be issued an ADO upon submission of the
Instances when DOJ may issue an HDO: following requirements:
1. Against an accused irrespective of nationality, in criminal case falling 1. Affidavit stating clearly the purpose, inclusive period of the intended
within the jurisdiction of courts below the RTCs; travel, and undertaking to immediately report to the DOJ upon return;
2. Against an alien whose presence is required either as a defendant, and
respondent or a witness in a civil or labor case pending litigation, or any 2. Authority to travel or travel clearance from the court or appropriate
case before an administrative agency; government office where the case upon which the issued HDO/ WLO
3. Against any person motuproprio, or upon the request of the Head of a was based is pending or from the investigating prosecutor in charge of
Department of the Government, head of a constitutional body or the subject case.
commission; the Chief Justice of the Supreme Court for the Judiciary; the
Senate President or the House Speaker for the legislature; when the Remedy of a person who is not the same person whose name appears in the
adverse party is the Government or any of its agencies or HDO/ WLO:
instrumentalities, or in the interest of national security, public safety or
public health. Any person who is prevented from leaving the country because his/ her name
appears to be the same as the one that appears in the HDO/ WLO may upon
Validity of HDO: An HDO issued by the DOJ shall be valid for 5 years from the application under oath obtain a Certification to the effect that said person is not
date of its issuance unless sooner terminated. the same person whose name appears in the issued HDO/ WLO upon submission
of the following requirements:
Grounds for the cancellation of an HDO issued by the DOJ: 1. Affidavit of Denial;
1. When the validity of the HDO has already expired; 2. Photocopy of the page of the passport bearing the personal details;
2. When the accused subject of the HDO has been allowed to leave the 3. Latest clearance from the National Bureau of Investigation; and
country during the pendency of the case, or has been acquitted of the 4. Clearance from the court or appropriate government agency when
charge, or the case in which the warrant/ order of arrest has been applicable.
recalled;
3. When the civil or labor case or case before an administrative agency of Rule 115 – Rights of the Accused
the government wherein the presence of the alien subject of the HDO/
WLO has been dismissed by the court or by appropriate government At the trial:
agency, or the alien has been discharged as a witness therein, or the alien In all criminal prosecutions, the accused shall be entitled to the following rights:
has been allowed to leave the country. (Section 5, DOJ Department Order 1) Presumption of innocence
No. 41). 2) To be inform of the nature and cause of accusation against him
4. When the HDO/WLO was issued by the SOJ either motuproprio or upon 3) To be present and defend in person and by counsel
request of government functionaries or agencies, when the adverse party 4) To testify as a witness in his own behalf
is the government or any of its agencies or instrumentalities, or in the 5) To be exempt from being compelled to be a witness against himself
interest of national security, public safety or public health, may be lifted 6) To confront and cross-examine the witnesses against him at the trial.
or recalled anytime if the application is favorably indorsed by the 7) To have compulsory process
government functionaries or offices who requested the issuance of the 8) To have a speedy, impartial, and public trial
HDO/WLO 9) To appeal in all cases allowed and in the manner prescribed by law
Reverse order of trial:There can only be a reverse order of trial once the accused
claims any of the justifying, exempting, or any extenuating circumstances. All of
When may a Watch List Order (WLO) be issued? these are in the nature of confession and avoidance.
The equipoise rule:Triggered by a situation where the court is faced with During custodial investigation: requires the presence of competent and independent
conflicting versions of the prosecution and the defense and where the evidence, counsel who si preferably the choice of the accused
facts and circumstances are capable of two or more explanations, one of which is
consistent with the innocence of the accused and the other consistent with his guilt Nature of the Right to choose counsel:
The constitutional presumption of innocence tilts the scale in favor of the Not plenary
accused If the chosen counsel deliberately makes himself scarce, the
court is not precluded from appointing a de officio counsel
Right to be informed of the nature and cause of accusation: It can be waived
The waiver must be in writing and in the presence of a
It is necessary for the complaint or information to contain those matters required by counsel of the accused
the statute or by the rules, to wit:
a) To state the name and surname of the accused or any appellation or Competent and Independent counsel:That he is willing to fully safeguard the
nickname by which he has been or is known and if his name cannot be constitutional rights of the accused, as distinguish from one who would be merely
ascertain, to described him under a fictitious name giving a routine, peremptory and meaningless recital of the individual’s
b) To state the name and surname of the offended party or any appellation constitutional rights
or nickname by which he has been or is known and if there is no other
way of identifying him described him under a fictitious name; if the Right to counsel in administrative cases:There is no law, jurisprudence or rule
offended party is a juridical person, it is sufficient to state its name, or which mandates that an employee should be assisted by counsel in administrative
any name or designation by which it is known or by which it may be cases
identified Jurisprudence: assistance is not indispensable in admin proceedings
c) To state with sufficient clarity and in ordinary and concise language, the
acts or omissions constituting the offense Custodial Investigation
To state the designation of the offense given by stature unless
there is no such designation in which case it is sufficient to Custodial Investigation: Where the police investigation is no longer a general
make reference to the section or subsection of the statute inquiry into an unsolved crime but has begun to focus on a particular suspect
punishing the offense
Period of the attachment of the rights of the accuses in custodial investigation The privilege against self-incrimination:
The right begin to operate at once as soon as the investigation ceases to be a general Intended to prevent the State, with all its coercive powers, from extracting from
inquiry into an unsolved crime and direction is aimed upon a particular suspect the suspect testimony that may convict him and to avoid a person subject to such
who has been taken into custody and to whom the police would direct compulsion to perjure himself for his own protection
interrogatory question which tend to elicit incriminating statements The privilege applies only to natural person
Protects only from testimonial compulsion or a compelled testimony of
Right so the accused under custodial investigation - see mahinay doctrine a communicative nature
Right to counsel in custodial investigation: in the absence of any lawyer, no Force re-enactments:All evidence based on such re-enactment are to be deemed
custodial investigation shall be conducted and the suspected person can only be in violation of the constitution and hence, incompetent evidence
detained by the investigating officer Communicative in nature
Note: there is no violation of the right where the delay is imputable to the accused
If the other party had opportunity to cross examine the witness before he dies or The two parts of arraignment are the following: / Arraignment is
become unavailable, the testimony may be used as evidence. However, if the other done in the following manner:
party did not have the opportunity to cross examine before the death or 1. The complaint or information furnished and read to the
unavailability of the witness, the testimony will have no probative value. accused in an open court in a language or dialect known
by him.
Right to compulsory processes: *This may not be waived. Any defect may be a ground to impugn
the validity of arraignment.
Invoked to secure the attendance of witnesses and the production of witnesses in
his behalf 2. The accused personally enters his plea.
May also move for the issuance of a subpoena ad testificandum or *The presence of the accused during arraignment is required by the
subpoena ducestecum Rules of Court.
Unjustified failure of the witness to comply, the court may
issue warrant of his arrest Case: The accused was charged with 20 counts of estafa. Upon his
arraignment, the first information was read in its entirety, and the
A.M. No. 12-11-2-SC, Section 11: Subpoena and notices may be served by the court accused was asked whether he pleads guilty or not to the charge.
to parties and witnesses through electronic mails or through mobile phone either The accused pleaded not guilty. To save time, as the other
through phone calls or through short messaging service. informations were all substantially the same, the accused was
simply asked whether he pleads guilty or not to the charge of
Right to Public Trial estafa while referring to the 19 other criminal case docket
numbers. The contents of the subsequent 19 criminal
Q: is the rule that the trial should be public absolutes? informations were never read to the accused. In all of the
charges, the accused pleaded not guilty. Is the arraignment and
plea valid?
© Gironella – Macadatar 2017 | Rule 116 – Arraignment and Plea 141
Suggested Answer which is in conformity with the rules: (There is What is the purpose of a Bill of Particular in a Criminal Case?
no Supreme Court Decision on this matter yet, but this is a A bill of particular in a criminal case enables the accused
prevailing practice to save the time of Courts.) The arraignment to properly plead and prepare for trial. In civil case, its purpose is to
and plea as to the first charge is valid while that of the enable a party to properly prepare his responsive pleading.
succeeding 19 charges for estafa are void.Arraignment shall be
made by furnishing the accused with a copy of the complaint or Is a bill of particular a mode of discovery?
information, reading the samethe language and dialect known to No, a bill of particular is not mode of discovery.
him, and asking whether he pleads guilty or not. Strict
compliance with the Rules on Arraignment is needed since this 2. Suspension of arraignment – in the following cases:
is the stage where the accused is formally informed of the nature a. the accused appears to be suffering from an unsound mental
and cause of accusations against him. condition
the court shall order his mental examination and, if
Strict Compliance with the Rules on Arraignment and Plea is necessary, his confinement for such purposes
Needed b. there exists a prejudicial question
c. there is petition for review of the resolution of the prosecutor
Note: *Any defect in the arraignment and plea will make the which is pending either in the DOJ or Office of the President
subsequent proceedings void. But even so, without a valid plea and
arraignment, the right against double jeopardy may not set in. Note: the period of suspension shall not exceed 60 days counted from the filing of
the petition with the reviewing office
Note: *In order to have a valid trial in absencia, the accused must
have been validly arraigned and his plea validly entered. 3. Motion to quash - At any time before entering his plea, the accused
may move to quash the complaint or information on any of the grounds
But an Accused’s Constitutional Right to Due Process and Right under Section 3, Rule 117 in relation to Section 1 of the same rule;
to be Informed of the Nature and Cause of Accusation Against
Him May be Satisfied even without Strict Compliance to the 4. Challenge the validity of the arrest or the legality of the warrant
Rules of Arraignment and Plea. issued or assail the regularity or absence of a Preliminary
investigation
Note: *While as a rule, strict compliance with the rules of
arraignment and plea is required, there are exceptional instances Plea made before a court with no jurisdiction:Does not give rise to double
when the Supreme Court ruled that compliance with the jeopardy
Constitutional Right of the Accused to be informed of the nature
and cause of accusation against him and to due process has been Arraignment under Amended or Substituted information:
sufficient despite errors in the arraignment and plea. An arraignment on the amended information is mandatory
Since, he has the right to be informed of the accusation
Case: The accused is arraigned after trial when the prosecution has against him
rested its case and the defense presented is evidence. In this case, If the amendment is only as to form
the defense counsel actively participated in the trial and the
No need for another preliminary investigation and the
Supreme Court ruled that by such act, the accused was aware of the
retaking of the plea
nature and charges against him and he was given his day in Court.
(People v Pangilinan, 518 SCRA 358) Substitution:
Another PI and the accused has to plead anew to the new
This is a very exceptional case so caution must be taken in information
answering questions presenting situations where one is required to
look into the validity of the arraignment and plea. Wait for the Where arraignment is to be made:Before the court where the complaint or
circumstances justifying the exceptions to arise before ruling that information was filed or assigned for trial
the arraignment is valid.
How arraignment is made:
Duty of the court before arraignment: Made in open court
The court shall: by the judge or clerk
1. Inform the accused of his right to counsel by furnishing the accused with a copy of the complaint or information,
2. Ask him if he desires to have one reading the same in the language or dialect known to him, and
3. Must assign a counsel de officio to defend him unless the accused: asking him whether he pleads guilty or not guilty
a. Is allowed to defend himself in person
b. Has employed a counsel of his choice When arraignment is to be made:
within 30 days from the date the court acquires jurisdiction over the
Note:The counsel de officio shall be given reasonable time to consult with the person of the accused
accused as to his plea before proceeding with the arraignment unless a shorter period is provided by a special law or SC
circular
Persons allowed to be appointed counsel de officio
1. Members of the Bar with good standing In computing the period the following shall be excluded:
2. Has the ability, experience, and competence to defend the accused, and 1. the time of the pendency of a motion to quash
3. In localities where such members of the Bar are not available, the court 2. the time of the pendency of a bill of particulars
may appoint any person who is resident of such province with good 3. other causes justifying suspension of the arraignment
refute for probity and ability, to defend the accused
Exceptions:
Options of the accused before arraignment and plea:
a. When the accused is under preventive detention, his case shall be raffled
1. Bill of Particulars – to enable him to properly plead and prepare for trial.
and its records transmitted to the judge to whom the case was raffled
The motion shall:
within three (3) days from the filing of the information or complaint.
a. specify the alleged defects of the complaint or information, and
o The accused shall be arraigned within ten (10) days from the
shall
date of the raffle. The pre-trial conference of his case shall be
b. specify the details desired
held within ten (10) days after arraignment.
Record of arraignment:The arraignment and plea shall be made of record, but Plea of guilty:
failure to do so shall not affect the validity of the proceedings Is a judicial confession of guilt
An admission of all the material facts alleged in the information,
Presence of the accused:The accused must be present at the arraignment and including the aggravating circumstances alleged
Must personally enter his plea Conclusions of law are not admitted by a plea of guilty
Effect of Accused’s Nonappearance During Arraignment on his Effect of Entering Plea
Bail Bond.
*Entering a plea of not guilty constitutes joinder of issues in the
Question: May his bond be forfeited if the accused does not appear criminal case.
during trial?
*Entering a plea of guilty is a judicial confession of guilt. All the
Answer: Not necessarily. The accused may waive the right to be material facts alleged in the information, including aggravating
present at court so that failure to appear in court does not circumstances are admitted. However, conclusions of law are not
automatically lead to forfeiture of bail. admitted. (Note: This is the same effect as that of filing a demurrer
to evidence.)
Question: May his bond be forfeited if the accused does not appear
during arraignment? Exception to the admission of the aggravating circumstances:If such
circumstances are disproved by the evidence, it should be disallowed in the
Answer: Yes. The presence of the accused is required by the Rules judgment
during Arraignment. As such, he may not waive his right to be
present at all stages of the proceedings.
Voluntary Plea and Involuntary Plea
*Refer to earlier discussions on when is the accused’s presence
Voluntary Plea: A voluntary plea will always cure defects in the
required by Court or by the Rules of Court.
complaint or information, preliminary investigation, or illegality of
arrest.
Presence of the offended party:The private offended party shall be required to
appear at the arraignment for the following purposes: Involuntary Plea: The plea was not made by the accused but by the
1. Plea bargaining Court.
2. Determination of civil liability
3. Other matters requiring his presence
The accused, who claims that he was illegally arrested, refused
to enter a plea when arraigned; whereupon, the court entered a
In case the offended party fails to appear despite due notice
plea of not guilty for him. May he still question the validity of
The court may allow the accused to enter a plea of guilty to a lesser his arrest? (Dean Agra’s lectures and 2014 Q and A)
offense which is necessarily included in the offense charged with
conformity of the trial prosecutor alone Yes. The principle that the accused is precluded from questioning
the legality of his arrest after arraignment is true only if he
When a plea of ―not guilty‖ shall be entered: voluntarily enters his plea and participates during the trial, without
1. Actual plea of not guilty previously invoking his objections thereto. (Borlongan Jr. v. Pena,
2. Refuses to plead et al. G.R. No. 143591, Nov. 23, 2007). Thus, the accused may still
question the legality of his arrest, etc. where, at the arraignment, it
Such as in cases where the accused wants to quash the information or hold in is the court that entered the plea of not guilty for him.
abeyance the proceedings to conduct preliminary investigation.
Plea of guilty to a capital offense: It is not proper for the court to immediately
3. He makes a conditional plea render judgment on the basis of the guilty plea
Eg.of a conditional plea - I admit raping the victim but she seduced me.
The court is mandated to perform the following acts:
- I killed the victim but it was in self-defense. (1) To conduct a searching inquiry
- Pleading guilty to an offense charged but asking for a lesser penalty to be a. To ascertain the voluntariness of the plea
imposed. b. To ascertain whether or not the accused has full
comprehension of the consequences of his plea
4. When he pleads guilty but presents exculpatory evidence (2) To require the prosecution to prove the following
In which case the guilty plea shall be deemed withdrawn a. The guilt of the accused
b. The precise degree of his culpability
Eg. The accused admits the killing but the defense asks that the court allow them to (3) To ask the accused if he wishes to present evidence and allow the
prove the circumstance of incomplete self-defense. accused to present evidence in his behalf when he so desires
Rule 117 – Motion to Quash FIRST GROUND: TEST OF SUFFICIENCY OF THE COMPLAINT OR
INFORMATION
Nature of a motion to quash: A motion to quash is a class by itself/sue generis. It is
filed only upon the grounds mentioned in Rule 117, Sec. 3. There can never be any By way of Jurisprudence: An information is sufficient if its averments, if
other grounds for a motion to quash criminal informations except those provided hypothetically admitted, whether the facts alleged would establish the essential
under Rule 117, Sec. 3. elements of the offense as defined by law without considering matters aliunde.
Time for filing: Any time before the accused enters his plea Note: This is very similar to the test to determine the sufficiency of a petition or
complaint in a civil action.
Forms and contents:
1. In writing Only the ultimate, and not evidentiary facts are considered. Ultimate facts are
2. Signed by the accused or his counsel those that allege the cause of action or elements of a crime. Evidentiary facts are
3. Distinctly specify the factual and legal grounds of the motion those that support the allegations of the ultimate facts.
Quash: to mean ―to annul, vacate or overthrow,‖ implying that quashing Eg. In a petition for declaration of nullity of marriage forabsence of essential
information does not necessarily mean its dismissal requisites, the following will be the ultimate facts:
a) The parties were married.
b) At the time the parties were married, either or both of them do not possess all
the essential elements for marriage – ie consent, contracting capacity such as
Motion to quash vs. Demurrer to evidence: legal age, former marriage that has not been nullified or annulled, etc.
FIFTH GROUND:COMPLAINT OR INFORMATION DOES NOT A: There is identity between two offenses not only when the second
CONFORM TO THE PRESCRIBED FORM offense is exactly the same as the first, but also when the second
offense includes oris necessarily included in the first offense or an
Lack of substantial compliance with the requirements for a good complaint or attempt or frustration thereof.
information required under Sections 3 to 13, Rule 110 renders the accusatory
pleading quashable Exceptions: (not double jeopardy)
But mere defects in matters of for, may be cured by amendment 1. The graver offense developed due to supervening facts
arising out of the same act or omission constituting the
SIXTH GROUND:MULTIPLICITY OF OFFENSE CHARGED former charge.
2. The facts constituting the graver offense became known
A complaint or information must charge but one offense except only in those cases or were discovered only after a plea was entered in the
in which the existing laws prescribed a single punishment for various offenses former complaint or information.
3. The plea of guilty to a lesser offense was made without
SEVENTH GROUND:EXTINCTION OF CRIMINAL ACTION OR LIABILITY the consent of the prosecutor and the offended party
(Sec. 7)
Grounds 4. The second offense was not in existence at the time of the
1. Death of the convict as to personal penalties first prosecution for the simple reason that in such case,
2. Service of sentence there is no possibility for the accused, during the first
3. Amnesty prosecution, to be convicted for an offense that was then
4. Absolute pardon inexistent
5. Prescription of the crime Effect of Double Jeopardy on the civil aspect of the case:The offended party and
6. Prescription of the penalty the accused may appeal the civil aspect of the case because the concept of double
Requisites:
1. there must be express consent of the accused
Express consent: mere silence or inaction of the accused or his failure to object to a A: It is a Latin term for ―we shall no longer prosecute.‖ It is a
provisional dismissal of the case does not amount to express consent dismissal of the criminal case by the government before the accused
is placed on trial and before he is called to plead, with the approval
May the Offended Party oppose the granting of a Provisional Dismissal? of the court in the exercise of its judicial discretion. It partakes of a
non-user or discontinuance in a civil suit and leaves the matter in
No. In fact, provisional dismissal is favorable to the offended party especially for the same condition in which it was before the commencement of
purposes of locating witnesses for the prosecution. Provisional Dismissal is the prosecution. It is not anacquittal; it is not a final disposition of
designed to counter the possibility of an accused invoking his Constitutional Right the case; and it does not bar a subsequent prosecution for the same
to Speedy Trial. offense. Thus, it can be refiled
Time Bar Rule:when provisional dismissal become permanent Q: Is nolleprosequi the same as quashal?
Penalty of the Offense Charged Number of Years A: No,although both have the same result – the dismissal of the
Imprisonment of not more than 6 1 year case. A nolleprosequi is initiated by the prosecutor while a quashal
years is upon motion to quash filed by the accused.
Fine only 1 year
Imprisonment of more than 6 years 2 years Rule 118 – Pre - Trial
Motion to quash vs. Provisional Dismissal Nature of a pre-trial: A pre-trial, whether in a criminal or civil case is always
Motion to Quash Provisional Dismissal mandatory. It may never be dispensed with.
Form Should be in writing May be in any form
Filed by the Accused Either filed by the
Who Files accused, prosecution, Courts in which pre-trial are mandatory:
or both. 1. Sandiganbayan
When to Before Entering Plea Anytime 2. RTC
File 3. MeTC, MCTC, MTC in Cities, MTC
Grounds for Exclusive- only those Any ground will do
Filing found in Rule 117, Sec. 3 Matters to be considered during the pre-trial:
Bars Continuation of Shortens the period of 1. Plea bargaining
Effect 2. Stipulations of facts
Proceedings Prescription
3. Marking for identification of evidence of the parties
2014 Bar Question: A was charged before the Sandiganbayan with a 4. Waiver of objections to admissibility of evidence
crime of plunder, a non-bailable offense, where the court had already 5. Modification of the order of trial if the accused admits the charge but
issued a warrant for his arrest. Without A being arrested, his lawyer interpose a lawful defense
filed a Motion to Quash Arrest Warrant and to Fix Bail, arguing that 6. Such matters as will promote a fair and expeditious trial of the criminal
the allegations in the information did not charge the crime of plunder and civil aspects of the case
but a crime of malversation, a bailable offense. The court denied the
motion on the ground that it had not yet acquired jurisdiction over Note:Facts stipulated upon are among those that need not be proved during trial.
the person of the accused and that the accused should be under the Evidence that were not presented and marked during the pre-trial, and
custody of the court since the crime charged is non-bailable. The subsequently are not included in the pre-trial order, may be objected to
accused’s lawyer counter-argued that the court can rule on the when presented and offered during trial.
matter even if the accused was at large because it had jurisdiction Waiving objections over the admissibility of the opposing party’s
over the case. According to the said lawyer, there was no need for the evidence is probably the most useless purpose of pre-trial. Neither the
accused to be under the custody of the court because what was filed prosecutor nor defense, in his right mind would waive his objections
was a Motion to Quash Warrant of Arrest and to Fix Bail, not a over the opposing party’s evidence.
Petition for Bail.
A) If you are the Sandiganbayan, how will you rule on the When pre-trial shall be held:Held after arraignment and within 30 days from the
motion? date the court acquires jurisdiction over the person of the accused
B) If the Sandiganbayan denies the motion, what judicial Unless a shorter period is provided for in special laws or circulars of the
remedy should the accused undertake? SC
Pre-trial agreements:All agreements and admissions made or entered during the Plea Bargaining:
pre-trial shall be
a) Reduced in writing, and It is a process whereby the accused and the prosecution work a satisfactory
b) Signed by the accused and counsel disposition of the case subject to court approval
c) Must be approved by the court if the agreement covers the matters under Usually involves the defendant’s pleading guilty to a lesser offense or to
Sec. 1 of Rule 118 only one or some of the counts of multi—count indictment in return for
Otherwise, such admission cannot be used against the accused a lighter sentence than that for the graver charge
No need to amend the information or complaint
Pre-trial Order:
Within 10 days after the termination of the pre-trial Conditions:
What are the requisites of a valid plea bargain? (Sec. 2, Rule 116) Timeliness for mediation:
a. Consent of the offended party. 60 days for the second level courts
b. Consent of the prosecutor. 30 days for the first level courts
c. Approval of the court.
Cases subject to mediation for JDR:
When is plea bargaining allowed? (1) Criminal cases like violation of traffic rules and regulations and
1. During arraignment, and violation of municipal or city ordinances although included in the list of
2. After arraignment but before trial cases under summary procedure should not be mediated because they
cannot be compromised and might be a source of corruption if
mediation pushed through
May plea bargain be allowed even after the trial has begun?
(2) Civil aspect of BP 22
(Daan v. Sandiganbayan GR No. 163972-77, March 28, 2008
(3) Civil aspect of quasi offenses under title 14 of the RPC
citing People v. Villarama, GR No. 99287, June 23, 1992, 210
(4) Civil aspect of estafa and libel
SCRA 4266)
(5) Civil aspect of theft
(6) Malicious Mischief
Yes, plea bargaining is valid even after the prosecution rested its
(7) Slander or Libel
case provided that the prosecution does not have sufficient evidence
to convict the accused of the crime charged. This is an exception to
Discovery procedures in criminal cases:There is no rule which precludes the use
the rule that plea bargaining is only allowed during arraignment or
of relevant modes of discovery in a criminal case
after arraignment but before trial.
Directed to the sound discretion of the trial judge
Is there Double Jeopardy in Plea Bargaining? None.
Rule 119 – Trial
When plea of guilty to a lesser offense is not mitigating: A plea of guilty made
after arraignment and after trial had begun does not entitle the accused to have such Trial: the examination before a competent tribunal according to the laws of the
plea considered as mitigating land, or facts put in issue in a case for the purpose of determining such issue.
Instance when plea bargaining not allowed: in violation of the dangerous drugs Hearing: is not confined to trial, but embraces several stages of litigation including
act regardless of the imposable penalty the pretrial stage.
- a hearing does not necessarily imply the presentation of oral Or
What the court should do when prosecution and offended party agree to the documentary evidence in open court but that the parties are afforded an
plea offered by the accused opportunity to be heard
1. Issue an order which contains the plea bargaining arrived at
2. Proceed to receive evidence on the civil aspect of the case When trial shall commence:
3. Render and promulgate judgment of conviction, including the civil Within 30 days from receipt of the pre-trial order
liability or damages duly established by the evidence If the accused is to be tried again pursuant to an order for a new trial,
the trial shall commence within 30 days from notice of the order
Alternative Dispute Resolution (ADR) granting a new trial
The following are the modes of alternative dispute resolution. Extension:This period may be extended to one not exceeding 180 days from notice of
a) Mediation the order if the period becomes impractical due to unavailability of witnesses and
b) Conciliation other factors
c) Mini trial
d) Early Neutral Evaluation Time limit following an order for new trial
e) Arbitration
f) Proceedings before the Philippine Mediation Center General rule: if the accused is to be tried again pursuant to an order
g) Any combination of the foregoing for a new trial, the trial shall commence within 30 days from the
notice of order
When Held: Before pre-trial and trial, criminal cases that may be the subject of
mediation are brought before the PMC for CAM. Exception: of the 30 day period becomes impractical due to
unavailability of the witnesses and other factors, it may be extended
Purpose: The purpose of CAM is settlement. by the court but in no case should it exceed 180 days from notice of
said order for new trial
Duration: It lasts for a 30-day period which may be extended for another 30-day
period. If no settlement will be arrived at, the case is brought back to the Courts for Remedies of the accused when a prosecuting officer without
Judicial Dispute Resolution. just cause secures postponements of the trial against his protest
beyond a reasonable period of time
Stages in the judicial proceedings with Judicial Dispute Resolution:Judicial 1. Mandamus to compel a dismissal of the information or
proceedings shall be divided into two stages: 2. If he is retrained of his Liberty, by Habeas corpus to
(1) from the filing of a complaint, to the conduct of CAM (Court-Annexed obtain his freedom
Mediation) and JDR during the pre-trial stage; and
(2) pre-trial proper to trial and judgment
Effect of not bringing the accused to trial within the prescribed period: Cases where the time limitation is not applicable
The information may be dismissed upon motion of the accused 1. When the offended party is about to depart with no definite date of
Ground for dismissal: denial of his right to speedy trial return
The motion must be made prior to trial 2. Child abuse cases
Otherwise, deemed a waiver of the right 3. Violation of dangerous Drugs Law
4. Kidnapping, robbery by a band, robbery against banking or financial
Delays to be excluded from computing the period for commencement of the institution, violation of carnapping act and other heinous crimes
trial:
Include but are not limited to the following: Duties of the presiding judge under the continuous trial system
(1) Delay resulting from an examination of the physical and mental condition 1. Adhere faithfully to the session hours prescribed by laws
of the accused 2. Maintain full control of the proceedings
(2) Resulting from proceedings with respect to other criminal charges 3. Effectively allocate and use time and court resources to avoid court
against the accused delays
(3) Resulting from extraordinary remedies against interlocutory orders 4. Continuous trial on a weekly or other short term trial calendar at
(4) Resulting from pre-trial proceedings earliest possible time
Provided that the delay does not exceed 30 days
(5) Resulting from orders of inhibition, or proceedings relating to change of Factors for granting continuance
venue of cases or transfer from other courts The following factors, among others, shall be considered by a court in determining
(6) Resulting from a finding of the existence of a prejudicial question whether to grant a continuance
(7) Delay reasonably attributable to any period, not to exceed 30 days, (a) Whether or not the failure to grant a continuance in the proceeding would
during which any proceedings concerning the accused is actually under likely make a continuation of such proceeding impossible or result in a
advisement miscarriage of justice; and
(8) Resulting from the absence or unavailability of an essential witness (b) Whether or not the case taken as a whole is so novel, unusual and
Whereabouts are unknown or cannot be determined by due complex, due to the number of accused or the nature of the prosecution, or
diligence that it is unreasonable to expect adequate preparation within the periods
Or whereabouts are known but his presence for trial cannot be of time established therein.
obtained by due diligence
(9) Resulting from mental incompetence or physical inability of the accused Prohibited grounds for a continuance:
to stand trial 1. congestion of the court's calendar or lack of diligent preparation or
(10) Resulting from a continuance granted by any court motuproprio, or on 2. failure to obtain available witnesses on the part of the prosecutor.
motion of either the accused or his counsel or the prosecution
(11) A reasonable period of delay when the accused is joined for trial with a Conditional Examination of witnesses even before trial:
co-accused over whom the court has not acquired jurisdiction, or, as to
whom the time for trial has not run and no motion for separate trial has For the Accused / defense
been granted.
Grounds:
Mari vs Gonzales (2011): The time involved in the proceedings in a a. may either be sick or infirm
petition for transfer of venue can only be excluded from said time b. the witness may also be residing more than 100 kilometer from the place
limit if it was the accused who instituted the same. Hence, in this of trial and has no means to attend the trial
case, the time during which the petition for transfer of venue filed c. other similar circumstances exist that would make him unavailable or
by the private complainant is pending, cannot be excluded from the prevent him from attending trial
time limit of thirty (30) days from receipt of the pre-trial order
imposed in Section 1, Rule 119 of the Rules of Court. Further, the How:file a motion that the witness be conditionally examined
petition for transfer of venue cannot interrupt proceedings unless a
TRO or a writ of preliminary injunction has been issued. Contents of the Motion:
1. the name and residence of the witness
Continuous Trial 2. the substance of his testimony, and
3. the reason or reasons for his inability to attend the trial
Once commenced, the trial shall continue from day to day as far as practicable until the court shall issue order to that effect and a copy of said
terminated order shall be served on the prosecutor at least 3 days before
the scheduled examination
But it may be postponed for a reasonable period of time for good cause
if the prosecutor does not appear despite notice, the
To ensure speedy trial, the court shall set the case for continuous trial on examination shall proceed notwithstanding his absence
a weekly or other short term trial calendar at the earliest possible time
The court shall do so after consultation with the prosecutor and defense Where the examination shall be taken:The examination shall be taken before a judge, or
counsel if not practicable, before a member of the bar in good standing so designated by the
judge in the order
Time limit for the trial of criminal cases
It may also be taken before an inferior court if the order is made by a
court of superior jurisdiction
General rule: trial shall not exceed 180 days from the first day of trial
Note: there is no right to cross examine
Exceptions
1. Those governed by the rules on summary procedure For the Prosecution
2. Those where the penalty prescribed by law does not exceed 6 months
imprisonment or a fine of Php 1,000 or both 1. witness is too sick
3. Those authorized by the Chief Justice of the SC 2. infirm to appear at the trial
3. has to leave the Philippines with no definite date of returning
Effect of court's failure to comply with the mandates of the speedy trial act to
terminate the case within the 180 day period:The judge may be charged
Eg.A killed B. When to file:Shall be filed within a non-extendible period of 5 days after the
prosecution rest its case
It is the adjudication by the court that the accused is guilty or not guilty of the
offense charged and the imposition on him of the proper penal and civil liability, if Jose B. Del Rosario Jr. V People of the Phil., GR No. 143419, June 22, 2006.
any
Facts: At first, the Ombudsman did not find probable cause to indict A for
Judgment vs. Ratio Decidendi violation of the graft and corrupt practices act. It held this view on review. On the
Judgment: pronounces the disposition of the case motion for reconsideration, it again reiterated its finding that no probable cause
Ratio decidendi provides the basic reason for such determination exists for A’s indictment. Another motion for supplemental reconsideration was
filed, and this time, the Ombudsman found probable cause to indict A. In other
Final order vs. Interlocutory order words, the Ombudsman had a change of mind, after three resolutions finding no
probable cause for A’s indictment. The information was filed in the
Sandiganbayan. A filed a motion to quash but the same was denied. A filed a
Final order: it disposes of the whole subject matter or terminates a particular issue
petition for certiorari to question the validity of the information. When he was
leaving nothing to be done but to enforce by execution what has been determined
required to comment, A did not comply. With nothing to support his argument,
and for his failure to file a comment, the Supreme Court denied his petition in a
Interlocutory order: it is issued by the court when the proceeding is not yet minute resolution and ruled that the criminal information was valid.
terminated because not all matters of the proceedings have been finished.
The case prospered. During the pre-trial, A again questioned the validity of the
Requisites: information. The Sandiganbayan ruled that it was valid as per the minute
a) It must be written in the official language resolution by the Supreme Court. A once again went to the Supreme Court
b) It must be personally and directly prepared and signed by the judge alleging that the Sandiganbayan acted with grave abuse of discretion. A argued
c) It must contain clearly and distinctly a that the validity of the information filed against him could not be ruled upon by
a. Statement of the facts the courts in a minute resolution. The dismissal of his previous petition was due to
b. The law upon which it is based his failure to file a comment, and not some other grounds.
d) It must be signed by the judge preparing it and filed with the Clerk of
Court. The Supreme Court simply resolved otherwise. It held that the dismissal of the
previous petition, and their ruling that the information is valid is an adjudication
Why must the judgment state clearly and distinctly the facts by merits. It attained finality and res judicata may set in, barring a relitigation on
and law upon which it is based? the same issue.
The parties to a litigation should be informed of how it was CONTENTS OF THE JUDGMENT:
decided, with an explanation of the factual and legal reasons that
led to the conclusions of the trial court. The losing party is entitled Conviction:
to know why he lost, so he may appeal to the higher court, if 1. The legal qualification of the offense constituted by the acts committed
permitted, should he believe that the decision should be reversed. A by the accused
decision that does not clearly and distinctly state the facts and law 2. The aggravating and mitigating circumstances which attended the
upon which it is based is precisely prejudicial to the losing party, commission of the offense
who is unable to pinpoint to possible errors of the court for review 3. The participation of the accused in the offense
by a higher tribunal. (Lumanog, et. al. v. People, GR No. 182555, 4. The penalty imposed upon the accused
September 7, 2010) 5. The civil liability or damages caused by his wrongful act or omission to
be recovered from the accused by the offended party, if there is any,
Note: A judgment that fails to state clearly and distinctly the facts unless the enforcement of the civil liability has been reserved or waived
upon which it is based, is called a sin perjuicio judgment. It is void.
Q: Can the court impose penalties in the alternatives?
MEMORANDUM DECISION: A memorandum decision is a decision which
adopts by reference the findings of fact and conclusions of law contained in the A: NO. It is true that under many provisions of the penal law, the
decision of an inferior tribunal. (Oil and Natural Gas Commission v. CA GR No. court has the discretion or alternative of imposing one or another of
114323, July 23, 1998) different penalties; but certainly it cannot be argued that, because
the judge has the discretion of fixing one or another penalty, he can
It is allowed and is not violative of the Constitutional provision that a decision shall impose both in the alternative. He must fix positively and with
contain the facts and the law upon which it is based. By its very nature, a certainty the particular penalty.
memorandum decision may be rendered only by an appellate tribunal.
Remedy when the judgment fails to awards civil liability
MINUTE RESOLUTION: a minute resolution is a resolution denying petitions for 1. Appeal
review, appeal, etc., in the shortest possible way. 2. Certiorari
3. Mandamus
Eg. ―Please take notice that the Court issued a resolution in this case, dated ______
and reads as follows: The petition is denied for lack of merit.‖ No further Acquittal:
explanation is added. It is a one page resolution that has nothing attached to 1. State whether or not the evidence of the prosecution
explain why the said judgment was arrived at. a. Absolutely failed to prove the guilt of the accused, or
b. Merely failed to prove his guilt beyond reasonable doubt
Is a minute resolution valid? Its validity must be qualified. It is valid for dismissing 2. Determine if the act or omission from which the civil liability might
a petition for review. It is adjudication by merit which becomes final. arise did not exist
The Court has repeatedly said that minute resolutions dismissing Note: A verdict of acquittal is immediately final
the actions filed before it constitute actual adjudications on the
merits. They are the result of thorough deliberation among the Award of indemnity to offended party despite of acquittal: In case of acquittal,
members of the Court. When the Court does not find any reversible unless there is a clear showing that the act from which the civil liability might
error in the decision of the CA and denies the petition, there is no arise did not exists, the judgment must make a finding on the civil liability of the
need for the Court to fully explain its denial, since it already means accused in favor of the offended party.
that it agrees with and adopts the findings and conclusions of the
Probation b) No, Balatong and Labong can no longer appeal their judgment of
conviction. They are deemed to have waived their right to appeal
The court may, after it shall have convicted and sentenced a defendant within the and other post conviction remedies. The judgment simply lapses
period for perfecting an appeal, suspend the execution of the sentence and place the into finality.
defendant on probation for such period and conditions it may deemed best.
Suppose, in the situation above, this question was asked. Will
Limitation: no application for probation shall be entertained or granted if the the judgment downgrading the offense committed by Ludong
defendant has perfected an appeal from the judgment of conviction. benefit Balatong and Labong?
Are there instances when the accused does not appear during the promulgation Reopening of the proceedings:
yet he does not lose his right to appeal or to avail of his post-conviction
remedies? When: At any time before finality of the judgment of conviction,
Yes. If the conviction is for a light offense, the judgment may be
pronounced in the presence of the accused’s counsel or his representative. In such What: the judge may, motuproprio or upon motion reopen the proceedings
instance, even if the accused was absent, he does not lose his right to avail of the
post-conviction remedies. Condition: with hearing in either case
Ludong, Balatong, and Labong were charged with murder. After Purpose: to avoid a miscarrage of justice.
trial, the court announced that the case was considered submitted
for decision. Subsequently, the Court issued the notices of Period: The proceedings shall be terminated within 30 days from the order grating
promulgation of judgment which were duly received. On it.
promulgation day, Ludong and his lawyer appeared. The lawyers of
Balatong and Labong appeared but without their clients and failed Rule 121 – New Trial or Reconsideration
to satisfactorily explain their absence when queried by the court.
Thus, the judge ordered the Clerk of Court to proceed with the At any time before a judgment of conviction becomes final
reading of the judgment convicting all the accused. With respect to - The court may, on motion of the accused or at its own instance but with
Balatong and Labong, the judge ordered that the judgment be the consent of the accused, grant a new trial or reconsideration.
entered in the criminal docket and copies be furnished to their
lawyers. The lawyers of Ludong, Balatong, and Labong, filed within
Grounds for a new trial:
the reglementary period a Joint Motion for Reconsideration. The
1. The errors of law or irregularities prejudicial to the substantial rights of
court favorably granted the motion of Ludong downgrading his
the accused have been committed during the trial;
conviction from murder to homicide but denied the motion as
regards Balatong and Labong.
Examples:
a) Was the court correct in taking cognizance on the Joint
Motion for Reconsideration? The accused calls for a witness but the court disallowed it.
b) Can Balatong and Labong appeal their conviction in case The court forces a witness to testify against himself.
Ludong accepts his conviction for homicide?
General rule: it is not a ground for granting a new trial and are hardly given weight
Rule 122 - Appeal
Appeal: it is a proceeding for review by which the whole case is transferred to the
Exception: when there is no evidence sustaining the judgment of conviction other
higher court for a final determination. It is not an inherent right of a convicted
than the testimony of the recanting witness
person.
Affidavit of desistance: The complainant states that he did not really intend to Nature: Not a natural right nor a part of due processBut merely a statutory
institute the case and he is no longer interested in testifying or prosecuting
privilege and may be exercised only in the manner and in accordance with the
- It is not be itself a ground for dismissal of the action provisions of law
- It is merely an additional ground to buttress the defense and not a sole
consideration for acquittal Who may appeal:
a) The State – Any appeal made by the State must yield to Double Jeopardy.
New Trial distinguished from Reopening of Trial b) The Accused.
New Trial Reopening of Trial c) The Private Offended Party with respect to the civil aspect of the case.
When Any time before Any time before finality of
Filed: judgment of conviction judgment of conviction. Note: The state may assail a judgment of acquittal only upon the ground that it
becomes final. was deprived of due process. The mode of appeal is a petition for certiorari under
Limited only to those To avoid miscarriage of Rule 65 on the ground of grave abuse of discretion amounting to lack or excess of
mentioned in Rule 121, justice. jurisdiction or denial of due process, or lack or excess of jurisdiction. It must
Groun
Sec. 2 clearly be shown that the State was deprived of due process.
ds:
Note: This is a very broad
ground. Exceptional case of Galman v. Sandiganbayan. 228 Phil, 42 1986
Ground for reconsideration:errors of law or fact in the judgment This case has something to do with the Aquino-Galman double
which requires no further proceedings. murder case. Just to appease the public’s hunger for speedy
disposition of the case, the case was fast tracked. In the process,
Form of the motion: everything seemed to be framed, scripted, and the trial was later
- shall be in writing and ruled out to be a sham or mock trial. The court acquitted all the
- shall state the grounds on which it is based accused. The prosecutors though were never given a decent chance
Effect of perfection of appeal with regard to the jurisdiction of the court: Once (a) An appeal taken by one or more of several accused shall not affect those who
appeal in a case, whether civil or criminal, has been perfected, the court a quo loses did not appeal, except insofar as the judgment of the appellate court is
jurisdiction over the case both over the record and over the subject of the case favorable and applicable to the latter;
Service of notice of appeal:Should be served upon the adverse party or his counsel (b) The appeal of the offended party from the civil aspect shall not affect the
by personal service criminal aspect of the judgment or order appealed from.
- If this type cannot be made, service may be done by registered mail or
substituted service (c) Upon perfection of the appeal, the execution of the judgment or final order
appealed from shall be stayed as to the appealing party.
Ruling: No. While the judgment is favorable to A, it is not applicable Case: ABC is a bus company. D is one of its employees. D in one
to him. The defense of B, which is insanity, is a personal one. It is occasion rammed the bus he was driving resulting to loss of lives
not applicable to A. and damage to properties. D was charged with Reckless
Imprudence resulting to multiple homicide, for which he was
Note: Personal circumstances – imbecility, insanity, minority, etc. convicted. On the date of promulgation, D was present. D was
cannot be appreciated in favor of the other co-accused. ordered to pay a substantial amount to the victims. He was
nowhere to be located during the 15-day period to perfect his
In case of Death of one of the accused who appealed: appeal. It is now ABC Bus Company, who perfected an appeal. It
contended that as an employer, it has an interest over the case.
Rule:Death extinguishes a criminal obligation. As a rule, death of the accused With D missing, it will be the bus company which is likely to
pending appeal will result to the dismissal of his appeal. In certain instances shoulder and pay the award. May the appeal prosper? (Philippine
though, if two or more co-accused appealed separately, death of one will not Rabbit Bus Lines v. Heirs of Eduardo Mangawang and the People of
necessarily result in the dismissal of his appeal. the Philippines, GR No. 160355, May 16, 2005)
Problem: C and L, who were charged as co-conspirators, were Ruling: No. ABC Bus Company is not a party to the criminal action.
convicted of violation of R.A. No. 3019 (Anti-Graft and Corrupt The employer’s participation is limited to providing its employees
Practices Act) in a judgment rendered by the Sandiganbayan, with adequate legal defense. And if because of his indifference or
imposing upon each of them the penalty of imprisonment from six inaction the employee is convicted and damages are awarded
years and one month to twelve years and one month. They filed against him, he cannot later be heard to complain, if brought to
separate appeals to the Supreme Court by filing their respective court for the enforcement of his subsidiary liability, that he was not
petitions for review on certiorari. L’s appeal was dismissed on given his day in court.
technicality. During the pendency of the appeal, C died.
Note: The subsidiary liability of the employer may be enforced in
a) Should C’s appeal be dismissed on the ground that his death has rendered his the same action by way of a motion.
appeal moot and academic as his death has already extinguished his criminal
liability? MODES OF APPEAL (Flowcharts)
Answer: No. C’s appeal should not be dismissed. The two To Better understand this topic see discussions under Civil
petitions are so intertwined that the absolution of C is ultimately Procedure
determinative of the absolution of L. The exoneration of C will
necessarily signify the injustice of carrying out the penalty imposed MTC/ RTC / CA
on L. Thus, the SC, in this instance, has to ascertain the merits of
C’s appeal to prevent a developing miscarriage of justice against L. Appealing decision of the MTC / Appellate Jurisdiction of the RTC
Courts must still decide cases, otherwise moot and academic, in the (This presupposes that the imposable penalty is not death, reclusion perpetua, or
following instances: (1) there is a grave violation of the life imprisonment)
Constitution; (2) the exceptional character of the situation and the
paramount public interest is involved; (3) when constitutional issue
raised requires formulation of controlling principles to guide the Supreme Court
bench, the bar, and the public; (4) the case is capable of repetition
yet evading review. Rule 45
In the problem presented, the exceptional character of the appeal of
C and L in relation to each other, as well as the higher interest of Court of Appeals
justice, requires that the Court determine the merits of C’s petition
and not dismiss it outright on the ground of mootness. Rule 42
b) Does the reversal of the decision of the Sandiganbayan as against C benefit L
whose appeal was dismissed on technicality? RTC
Answer: Section 11(a), Rule 122 of the Revised Rules of Criminal Rule 40: Notice of
Procedure provides: ―An appeal taken by one or more of several Appeal is filed with
accused shall not affect those who did not appeal, except insofar as
the judgment of the appellate court is favorable and applicable to MTC the MTC
the latter.‖ The phrase ―did not appeal‖ applies also to a co-accused
who withdrew his appeal, failed to file an appellant’s brief, or filed a
notice of appeal with the trial court but eventually withdrew the
RTC in its original jurisdiction imposes a penalty less than death, reclusion
same. The Supreme Court has at various times applied the
perpetua, or life imprisonment
foregoing provision without regard to the filing or non-filing of an
appeal by a co-accused, so long as the judgment was favorable to
him. Thus, the foregoing provision should be applied to L whose
appeal was dismissed on technicality. (Constantino v. Sandiganbayan, et
al., G.R. No. 140656, Sept. 13, 2007; Lindong v. People, et al., G.R. No. 154482,
Sept. 13, 2007.)
© Gironella – Macadatar 2017 | Rule 123 – Procedure in the Municipal Trial Court 161
When: Within 30 days from receipt by the appellant or his counsel of the notice from
the clerk of court of the Court of Appeals that the evidence, oral and documentary, Reconsideration
is already attached to the record,
When: A motion for reconsideration shall be filed within fifteen (15) days after from
What: the appellant shall file 7 copies of his brief with the clerk of court which shall notice of the decision or final order of the Court of Appeals,
be accompanied by proof of service of 2 copies thereof upon the appellee. with copies served upon the adverse party, setting forth the
grounds in support thereof.
When brief for appellee to be filed; reply brief of the appellant - The mittimus shall be stayed during the pendency of the motion for
- Within 30 days from the receipt of the brief of the appellant, the appellee reconsideration.
shall file 7 copies of the brief of the appellee with the clerk of court - No party shall be allowed a second motion for reconsideration of a
- accompanied by proof of service of 2 copies thereof upon the appellant. judgment or final order.
- Within 20 days from receipt of the brief of the appellee, the appellant
may file a reply brief traversing matters raised in the former but not Rule 125 – Procedure in the Supreme Court
covered in the brief of the appellant.
Uniform procedure: Unless otherwise provided by the Constitution or by law
Extension of time for filing briefs - The procedure in the Supreme Court in original and in appealed cases
- Extension of time for the filing of briefs will not be allowed except: shall be the same as in the Court of Appeals.
for good and sufficient cause and
only if the motion for extension is filed before the expiration of Review of decisions of the Court of Appeals: The procedure for the review by
the time sought to be extended. the Supreme Court of decisions in criminal cases rendered by the Court of Appeals
shall be the same as in civil cases.
Form of briefs: Briefs shall either be:
printed, Decision if opinion is equally divided
encoded or When the Supreme Court en banc is:
typewritten a) equally divided in opinion or
in double space b) the necessary majority cannot be had on whether to acquit the
on the legal size good quality unglazed paper, appellant,
330 mm. in length by 216 mm. in width. the case shall again be deliberated upon and
if no decision is reached after re-deliberation,
Contents of brief: The briefs in criminal cases shall have the same contents as the judgment of conviction of the lower court
provided in sections 13 and 14 of Rule 44. shall be reversed and the accused acquitted.
- A certified true copy of the decision or final order appealed from shall be
appended to the brief of appellant. Rule 127 – Provisional Remedies in Criminal Cases
Dismissal of appeal for abandonment or failure to prosecute
Availability of provisional remedies: The provisional remedies in civil actions,
- dismiss the appeal if the appellant fails to file his brief within the time insofar as they are applicable, may be availed of in connection with the civil action
prescribed deemed instituted with the criminal action.
- except where the appellant is represented by a counsel de oficio.
- The Court of Appeals may also dismiss the appeal if the appellant: Attachment: When the civil action is properly instituted in the criminal action,
escapes from prison or confinement, the offended party may have the property of the accused attached as security for
jumps bail or the satisfaction of any judgment that may be recovered from the accused in the
flees to a foreign country during the pendency of the appeal. following cases:
The accused need not be present in court during the hearing of the (a) When the accused is about to abscond from the Philippines;
appeal. (b) When the criminal action is based on:
o a claim for money or property embezzled or
Judgment not to be reversed or modified except for substantial error: No o fraudulently misapplied or converted to the use of the
judgment shall be reversed or modified unless the Court of Appeals, after an accused who is a public officer, officer of a corporation,
examination of the record and of the evidence adduced by the parties, is of the attorney, factor, broker, agent, or clerk, in the course of his
opinion that error was committed which injuriously affected the substantial rights employment as such, or by any other person in a fiduciary
of the appellant. capacity, or for a willful violation of duty;
(c) When the accused has concealed, removed, or disposed of his property,
Scope of judgment or is about to do so; and
- The Court of Appeals may: (d) When the accused resides outside the Philippines.
reverse, affirm, or modify the judgment and
increase or reduce the penalty imposed by the trial court,
remand the case to the Regional Trial Court for new trial or
retrial, or
dismiss the case.
When: At any time after the appeal from the lower court has been perfected and
before the judgment of the Court of Appeals convicting the appellant becomes final
What: the latter may move for a new trial on the ground of newly-discovered
evidence material to his defense.
Where new trial conducted: When a new trial is granted, the Court of Appeals
may conduct the hearing and receive evidence or refer the trial to the court of origin.
© Gironella – Macadatar 2017 | Rule 125 – Procedure in the Supreme Court 162
© Gironella – Macadatar 2017 | Rule 127 – Provisional Remedies in Criminal Cases 163
A
Commission KatarungangP
of a Crime ambarangay
B
No Preliminary
Investigation
Inquest
C
Preliminary
Investigation
Dismiss
urisdiction Complaint /
Information
E
Warrant of
Arrest /
ommitment Arraignment H
Order
PMC
I
J
JDR Pre-Trial
K
Trial
N
Motion for
reconsideratio L
Judgment
n
Motion for
New Trial M
Appeal
Conviction Acquittal
© Gironella – Macadatar 2017 | Rule 127 – Provisional Remedies in Criminal Cases 164
1. Civil cases
Revised Rules on Summary a. All cases of forcible entry and unlawful detainer, irrespective of
Procedure amount of damages or unpaid rentals sought to be recovered provided
when attorney's fees are awarded, the same shall not exceed Php
20,000.00
b. All other civil cases, except probate proceedings, where the total
CIVIL amount of the plaintiff's claim does not exceed Php 100,000 or Php
Complaint Summons
CASES 200,000 in Metropolitan Manila, exclusive of interest and costs
2. Criminal cases
Cross claims and compulsory counterclaims: deemed barred if not pleaded Note:The prosecution may file a reply within 10 days after receipt
Nature of preliminary conference in civil cases: it is mandatory Nature of preliminary conference in criminal cases: it is mandatory
When preliminary conference should be held: It shall be held not later than 30 When: before conducting the trial
days after the last answer is filed
Matters to be discuss:
Rules Applicable: The rules on pretrial in ordinary cases shall be applicable to the 1. stipulations of fact may be entered into, or
preliminary conference unless inconsistent with the provisions of the revised rules 2. the propriety of allowing the accused to enter a plea of guilty to a lesser
on summary procedure offense may be considered, or
3. such other matters as may be taken up to clarify the issues and to ensure
Necessity of trial: there is no trial involved only the submission of the affidavits of a speedy disposition of the case
witnesses of the parties and other evidence on the factual issues defined in the
order, together with their position papers setting forth the law and the facts relied Note: a refusal or failure to stipulate shall not prejudice the accused
upon by them which shall be submitted within 10 days from receipt of the order
issued by the court after the preliminary conference
May the court examine the parties and witnesses in their judicial affidavit?
YES. In every case, the court shall take active part in examining the witness to
determine his credibility as well as the truth of his testimony and to elicit the
answers that it needs for resolving the issues.
Rules:
1. Upon termination of the testimony of his last witness, a party shall
immediately make an oral offer of evidence of his documentary or object
exhibits, piece by piece, in their chronological order, stating the purpose
or purposes for which he offers the particular exhibit
2. After each piece of exhibit is offered, the adverse party shall state the
legal ground for his objection, if any, to its admission and the court shall
immediately make its ruling respecting that exhibit
3. Since the documentary or object exhibits form part of the JA that
describe and authenticate them, it is sufficient that such exhibits are
simply cited by their markings during the offers, the objections, and the
rulings, dispensing with the description of each exhibit
Time of submission by the prosecution of the JA of its witnesses: not later than
5 days before the pre-trial, serving copies of the same upon the accused
Time of submission by the accused of his JA: the accused have the option to
submit his JA as well as those of his witnesses to the court within 10 days from
receipt of such affidavits and serve a copy of each on the public and private
prosecutor, including his documentary and object evidence previously marked
Condition: if the delay is for a valid reason, would not unduly prejudice the opposing
party, and the defaulting party pays a fine of not less than 1000 nor more than 5000
pesos, at the discretion of the court
Effect when the witness failed to appear: the court shall not consider the affidavit
of any witness who failed to appear at the scheduled hearing of the case as required.
Effect if a JA does not conform to the requirements of the rule: it will not be
admitted
Effect of filing of the criminal action: the civil action for recovery of civil liability
arising from the offense shall be deemed instituted with the criminal action
© Gironella – Macadatar 2017 | Rules of Procedure for Environmental Law Cases 169
Rules of Procedure for Small
Claims
Requirements to qualify as a case of small claim:
1. Civil aspect of criminal actions either filed before the institution of
criminal action or reserved upon the filing of criminal action in court
2. A civil claim solely for the payment or reimbursement of sum of money
Amount of the claim: must not be more than 200,000 excluding interest and costs
Effect Failure to file a respond or failure to appear on the date set for hearing:
the court may render judgment on the same day as may be warranted by the facts
Effect failure to file a respond but appears at the date set for hearing: the court
shall ascertain what defense he has to offer and proceed to mediate, hear or
adjudicate the case on the same as if a response has been filed
What will be done if efforts for settlement fail under the Small Claims Rule: the
hearing shall proceed in an informal and expeditious manner and terminated within
one day and either party may move in writing to have another judge hear and decide
the case.
If the case is re assigned, period within which the new judge shall hear and
decide the case: the judge shall hear and decide it within 5 days from the date of re-
assignment
Q: Spouses Frank and Rona begot a child named James aged 7 years Period within which to raise the question of improper venue: in the mediation
old. Due to irreconcilable differences, the wife Rona filed a petition proceedings before the Punong barangay; otherwise, the same shall be deemed
for dissolution of conjugal partnership and partition of conjugal waived
partnership properties in the CFI of Makati. Frank filed a motion to
dismiss the petition on jurisdictional grounds, claiming that it Composition of lupongtagapamayapa
should have been filed first in the Lupontagapamayapa, because Chairman - Punong Barangay
Both are residents of the same municipality of Makati. The judge Secretary - Barangay Secretary
denied the motion to dismiss. Hence, Frank filed a petition for
Members - 10 to 20
certiorari on the grounds that the judge exceeded its authority in
Prohibitions against appearance of lawyers as counsel or representative: the Q: Francisco was dismissed on charges of payroll padding, selling
parties must appear in person without the assistance of counsel or representatives cane points without the knowledge and consent of the management
and misappropriating the proceeds thereof, and renting out Bacolod
Exception; for minors and incompetents who may be assisted by their next of kin - Talisay Realty and Development Corporation (BTRB) tractor for
who are not lawyers use in another farm and misappropriating the proceeds thereof.
Francisco admitted his wrongdoings and asked for forgiveness; and
Nature of the proceeding while a confrontation about the matter was held before the
barangay council, no settlement was reached. Hence, a complaint
General rule: it shall be public and informal for illegal dismissal was against BTRD. The labor arbiter, affirmed
by the NLRC, ruled in favor of the BTRB. CA reversed the NLRC
Exception: motuproprio or upon request of a party, exclude the public from the ruling that the dismissal of the Francisco was without due process.
proceedings in the interest of privacy, decency or public morals Does the confrontation before the barangay constitute first notice in
compliance with the twin notice rule?
PROCEDURE
1. Complainants complaints orally or in writing to the Lupon chairman of A: the confrontation before the barangay council did not constitute
the barangay the first notice - to give the employee ample opportunity to be heard
2. Within the next working day from receipt of the complaint, Lupon with assistance of counsel, if he so desires. Hearings before the
chairman summons the respondent, with notice to the complainant, for barangay council do not afford the employee ample opportunity to
them and their witnesses to appear before him for mediation be represented by counsel if he so desires because Section 415 of the
3. If Lupon chairman fails in his mediation efforts within 15 days from the LGC mandates that in all KatarungangPambarangay proceedings,
first meeting of the parties, he shall set the date for the constitution of the parties must appear in person without the assistance of a
the pangkat counsel or his representatives, except for minors and incompetents
4. Pangkat convenes not later than 3 days from its constitution to hear both who may be assisted by their next of kin who are not lawyers
parties and their witnesses, simplify issues, and explore all possibilities
for amicable settlement Arbitration
5. Pangkat shall arrive at settlement or resolution of the dispute within 15
days, extendible for another 15 days, from the day it convenes Arbitration: it is the process of resolving a dispute or a grievance outside of the
court system by presenting it to a third party or penal for decision.
Constitution of the Pangkat
1. Three members chosen by parties from list of Lupon members a) May be agreed upon by the parties at any stage of the proceedings
2. If the parties fail to agree, Lupon Chairman shall draw lots. b) Agreement to arbitrate must be in writing: it is the agreement to
3. Members (among the three) shall choose chairman and secretary arbitrateNot agreement to settle
4. In case of Vacancy, it shall be filled up through same procedure c) Agreement to arbitrate may be repudiated within 5 days
Evidence is required because of the presumption that the court is not aware of the Exceptions
veracity of the facts involved in the case. 1. Involving quasi offenses
2. Those allowed by law to be
Truth: not necessarily the actual truth but one aptly referred to as the judicial or compromise
legal truth. The concept of presumption of The accused enjoys the
Actual truth may not always be achieved in judicial proceedings because innocence does not apply constitutional presumption of
the findings of the court would depend on the evidence presented before innocence
it based on the accepted rules for admissibility.
Proof vs. evidence
Scope and applicability of the rules of evidence
the rules are guided by the principle of uniformity Proof: not the evidence itself
The rules on evidence shall be the same in all courts and in all trials and there is proof only because of evidence
hearings It is merely the probative effect of evidence
It apply only to judicial proceedings It is the effect or result of evidence
Administrative agencies: As a rule, administrative agencies are not bound by the technical Evidence: it is the medium of proof
rules of evidence
Factum probans vs. Factum probandum
E.g. the rule on formal offer of evidence is not applicable to a case involving petition
for naturalization unless applied by analogy or in a suppletory character and Factum probandum: the fact or proposition to be established
whenever practicable and convenient the fact to be proved
- In labor case, it is not necessary for affiant to appear and testify, and be The fact which is in issue and to which the evidence is directed
cross examined by counsel for the adverse party on his affidavit
Factum probans: the facts or material evidencing the fact or proposition to be
Note: Even if not bound by the technical rules of procedure, the finding of facts of established
administrative bodies are, however, respected as long as they are supported by probative or evidentiary fact tending to prove the fact in issue
substantial evidence, even if such evidence is not overwhelming or preponderant The totality of the evidence to prove the liability
When evidence is required, when not required: Liberal construction of the Rules on evidence
- it must be liberally construed
1. Where no factual issue exists in a case - Rules of procedure are mere tools intended to facilitate rather than
frustrate the attainment of Justice
There is no need to present evidence because where the case presents a question of
law, such question is resolved by the mere application of the relevant statutes or Absence of vested rights in the rules on evidence: there is no vested right in the
rules of this jurisdiction to which no evidence is required. rules in evidence because said rules are subject to change by the Supreme Court
there is mandatory judicial notice of the official acts of the legislature and pursuant to its powers to promulgate rules concerning pleading, practice and
these acts covers statute procedure.
2. When the pleadings in a civil case do not tender an issue of fact, a trial Waiver of the rules in evidence
need not be conducted since there is no more reason to present evidence. the rules on evidence may be waived
When an otherwise objectionable evidence is not object to, the evidence
3. Presentation of evidence may likewise be dispensed with by agreement becomes admissible because of waiver.
of the parties As long as no law or principles of morality, good customs and public
policy are transgressed or no rights of third person are violated, the rules
4. Evidence is not also required on matters of judicial notice and on matters on evidence may be waived by the parties
judicially admitted
ADMISSIBILITY OF EVIDENCE
5. Evidence is not also required when a law or rule presumes the truth of a
fact Requisites for the admissibility of evidence
1. The evidence is relevant - that none but facts having rational probative
value are admissible
Example: the motive of a person and in some instances, his reputation are matters
that may be considered collateral to the subject of a controversy
Rule: it is not allowed because it does not have a direct relevance to the issue of the
case
Competent evidence: one that is not excluded by law or rules in a particular case
- refers to the eligibility of an evidence to be received as such
- When applied to a witness, the term competent referee to the
qualifications of the witness - the eligibility to take the stand and testify