REMEDIAL LAW
Animo Notes Pre-Week Reviewer
Chel Sy Tet Valeza Carmela Wenceslao
LCBO Chairperson Academic Affairs Remedial Law Chairperson
Chairperson
Nico Garcia Mike Uy
LCBO Vice Chair for Azanith Payad Remedial Law Deputy
Internals Rod Zantua Chairperson
Academic Affairs Deputy
Steph Griar Chairpersons Celine Carpio
LCBO Vice Chair for Civil Procedure Subject Head
Externals
Khristel Calantoc
Pat Costales Criminal Procedure Subject
LCBO Executive Secretary Head
Jasfer Tagacay
Special Proceedings Subject
Head
Inno Loreto
Special Civil Actions Subject
Head
Karen Olivete
Evidence Subject Head
GENERAL PRINCIPLES OF REMEDIAL LAW
Q: What are the limitations on the rule-making power of the Supreme Court?
(1) It shall provide a simplified and inexpensive procedure for the speedy disposition of cases;
(2) The rules must be uniform for all the courts of the same grade; and
(3) The rules must not diminish, increase or modify substantive rights. (Sec. 5(5), Art. VIII, Constitution)
However, the non-payment of which at the time of filing does not automatically cause the dismissal of the case
for as long as the fee is paid within the applicable prescriptive or reglamentary period. (Spouses Co v. Tong, 2003)
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(2) Petitions for a Writ of Kalikasan (AM No. 09-6-8-SC)
(1) Petitions for Habeas Corpus (BP 129)
Concurrent jurisdiction with (2) Petitions for Quo Warranto (BP 129)
the RTC and CA (3) Petitions for certiorari, prohibition or mandamus against
inferior courts and other bodies (BP 129)
Concurrent jurisdiction with
(1) Petitions for a Writ of Amparo (AM No. 07-9-12-SC); and
the RTC, CA and
(2) Petitions for a Writ of Habeas Data (AM No. 08-1-16-SC)
Sandiganbayan
By way of appeal by Certiorari of the decisions of the:
(1) Court of Appeals;
(2) Sandiganbayan;
(3) RTC on pure questions of law;
(4) In cases involving the constitutionality or validity of a law or
Appellate jurisdiction
treaty, international agreement or executive agreement, law,
presidential decree, proclamation, order, instruction, ordinance
or regulation, legality of a tax, impost, assessment, toll or
penalty, jurisdiction of a lower court; and
(5) Court of Tax Appeals en banc
Q: What cases fall under the jurisdiction of the RTC and of the MTC?
Regional Trial Courts Municipal Trial Courts
Exclusive If the gross value, claim, or demand exceeds If the gross value, claim, or demand does not
original P300,000 (outside Metro Manila), or exceeds exceed P300,000 (outside Metro Manila), or
jurisdiction P400,000 (Metro Manila): does not exceed P400,000 (Metro Manila):
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(1) Actions involving personal property depending on the value;
(2) Admiralty and maritime cases depending on the amount of demand or claim;
(3) Probate proceedings (testate or intestate) depending on the gross value of the estate;
(4) Demand for money depending on the amount.
NOTE: The exclusion of the term “damages of whatever kind” applies to cases where the
damages are merely incidental to or a consequence of the main cause of action. However, in
cases where the claim for damages is the main cause of action, the amount of such claim
shall be considered in determining the jurisdiction of the court (Administrative Circular No.
09-94).
If the assessed value or interest in the real If the assessed value or interest in the real
property exceeds P20,000 (outside Metro property does not exceed P20,000 (outside
Manila), or exceeds P50,000 (Metro Manila): Metro Manila), or does not exceed P50,000
(Metro Manila):
(5) Actions involving title to or possession of real property, or any interest therein
depending on the assessed value.
(6) Actions the subject matter of which (6) Inclusion and exclusion of voters
is incapable of pecuniary estimation. (BP 881, Sec.138);
(7) Those covered by the Rules on
NOTE: The basic issue in an action incapable Summary Procedure
of pecuniary estimation is one other than the a. Forcible Entry and Unlawful Detainer
recovery of money. In this kind of action, the
money claim is merely incidental (Singsong v. NOTE: With jurisdiction to resolve issue of
Isabela Sawmill, 1979), ownership to determine only the issue of
possession;
NOTE: Annulment of judgments of the RTC
is also an action which is incapable of NOTE: Irrespective of the amount of
pecuniary estimation but is cognizable by the damages or unpaid rentals sought to be
CA by express mandate of BP 129. In other recovered;
words, all actions which are incapable of
pecuniary estimation is cognizable by the NOTE: Where attorney’s fees are
RTC except the annulment of judgments of awarded, the same shall not exceed
the RTC. P20,000.
(7) Cases not within the exclusive b. Other civil cases, except probate
jurisdiction of any court, tribunal, proceedings, where the total amount of
person or body exercising judicial or the plaintiff’s claim does not exceed
quasi-judicial functions (General PhP100,000 or does not exceed
Jurisdiction of RTC); PhP200,000 in Metro Manila, exclusive
of interests and costs (as amended by
(8) Under Sec. 5.2 of the Securities and A.M. No. 02-11-09-SC, effective
Regulations Code to hear and decide: November 25, 2002).
a. Devices or schemes employed by or any
acts of the board of directors, business
associates, its officers or partnership,
amounting to fraud and
misrepresentation;
b. Intra-corporate controversies;
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c. Controversies in the elections or
appointments of directors, trustees,
officers or managers of corporations,
partnerships or associations;
d. Petitions of corporations, partnerships or
associations to be declared in a state of
suspension of payments.
SC may designate certain branches of RTC to Petition for Habeas Corpus or application for
try exclusively criminal cases, juvenile and bail in criminal cases in the absence of all
Special domestic relations cases, agrarian cases, RTC judges in the province or city.
jurisdiction urban land reform cases not falling w/in the
jurisdiction of any quasi-judicial body and
other special cases in the interest of justice.
With the SC
Actions affecting ambassadors, public
ministers and consuls.
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(5) Civil and criminal cases filed pursuant to and in connection with
Executive Order No. 1, 2, 14, and 14-A. (Sec. 4, R.A. No. 8249); and
(6) Crimes committed by public officers and employees including those
employed in government-owned or controlled corporations,
embraced in Title VII of the Revised Penal Code, whether simple or
complexed with other crimes. (Sec. 4 (b), P.D. 1606)
NOTE: The original jurisdiction of the Sandiganbayan as a trial court was made to
depend not on the penalty imposed by law on the crimes and offenses within its
jurisdiction but on the rank and salary grade of accused government officials and
employees, i.e. public officials and employees occupying the positions with Salary
Grade 27 or higher. (Organ v. Sandiganbayan, 1999)
Concurrent (1) Petitions for a Writ of Amparo; and
jurisdiction (2) Petitions for a Writ of Habeas Data.
Q: What cases fall under the jurisdiction of the Court of Tax Appeals?
JURISDICTION OF THE COURT OF TAX APPEALS
(1) Tax collection cases involving final and executory assessments
for taxes, fees, charges and penalties;
(2) All criminal offenses arising from violations of the National
Exclusive original jurisdiction
Internal Revenue Code or Tariff and Customs Code and other
laws administered by the Bureau of Internal Revenue or the
Bureau of Customs
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(1) Decisions of the Commissioner of Internal Revenue in cases
involving disputed assessments, refunds of internal revenue
taxes, fees or other charges, penalties in relation thereto, or other
matters arising under the National Internal Revenue or other
laws administered by the Bureau of Internal Revenue;
(2) Inaction by the Commissioner of Internal Revenue in cases
involving disputed assessments, refunds of internal revenue
taxes, fees or other charges, penalties in relations thereto, or
other matters arising under the National Internal Revenue Code
or other laws administered by the Bureau of Internal Revenue,
where the National Internal Revenue Code provides a specific
period of action, in which case the inaction shall be deemed a
denial;
(3) Decisions, orders or resolutions of the Regional Trial Courts in
local tax cases originally decided or resolved by them in the
exercise of their original or appellate jurisdiction;
(4) Decisions of the Commissioner of Customs in cases involving
liability for customs duties, fees or other money charges, seizure,
detention or release of property affected, fines, forfeitures or
Exclusive appellate jurisdiction
other penalties in relation thereto, or other matters arising under
to review by appeal
the Customs Law or other laws administered by the Bureau of
Customs;
(5) Decisions of the Central Board of Assessment Appeals in the
exercise of its appellate jurisdiction over cases involving the
assessment and taxation of real property originally decided by
the provincial or city board of assessment appeals;
(6) Decisions of the Secretary of Finance on customs cases elevated
to him automatically for review from decisions of the
Commissioner of Customs which are adverse to the
Government under Section 2315 of the Tariff and Customs
Code;
(7) Decisions of the Secretary of Trade and Industry, in the case of
nonagricultural product, commodity or article, and the Secretary
of Agriculture in the case of agricultural product, commodity or
article, involving dumping and countervailing duties under
Section 301 and 302, respectively, of the Tariff and Customs
Code, and safeguard measures under Republic Act No. 8800,
where either party may appeal the decision to impose or not to
impose said duties.
(1) Over appeals from the judgments, resolutions or orders of the
Regional Trial Courts in tax cases originally decided by them, in
their respected territorial jurisdiction;
Exclusive appellate jurisdiction (2) Over petitions for review of the judgments, resolutions or orders
in criminal offenses of the Regional Trial Courts in the exercise of their appellate
jurisdiction over tax cases originally decided by the
Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts in their respective jurisdiction.
(1) Over appeals from the judgments, resolutions or orders of the
Regional Trial Courts in tax collection cases originally decided
Exclusive appellate jurisdiction by them, in their respective territorial jurisdiction;
in tax collection cases (2) Over petitions for review of the judgments, resolutions or orders
of the Regional Trial Courts in the Exercise of their appellate
jurisdiction over tax collection cases originally decided by the
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Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts, in their respective jurisdiction."
Q: What are the cases that fall under the jurisdiction of the family courts?
JURISDICTION OF FAMILY COURTS
(1) Criminal cases where one or more of the accused is below
eighteen (18) years of age but not less than nine (9) years of age
but not less than nine (9) years of age or where one or more of
the victims is a minor at the time of the commission of the
offense:
(2) Petitions for guardianship, custody of children, habeas corpus
in relation to the latter;
(3) Petitions for adoption of children and the revocation thereof;
(4) Complaints for annulment of marriage, declaration of nullity of
marriage and those relating to marital status and property
relations of husband and wife or those living together under
different status and agreements, and petitions for dissolution of
conjugal partnership of gains;
(5) Petitions for support and/or acknowledgment;
(6) Summary judicial proceedings brought under the provisions of
Executive Order No. 209, otherwise known as the "Family Code
of the Philippines";
(7) Petitions for declaration of status of children as abandoned,
dependent o neglected children, petitions for voluntary or
Exclusive original jurisdiction involuntary commitment of children; the suspension,
termination, or restoration of parental authority and other cases
cognizable under Presidential Decree No. 603, Executive Order
No. 56, (Series of 1986), and other related laws;
(8) Petitions for the constitution of the family home;
(9) Cases against minors cognizable under the Dangerous Drugs
Act, as amended;
(10) Violations of Republic Act No. 7610, otherwise known as
the "Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act," as amended by Republic
Act No. 7658; and
(11) Cases of domestic violence against:
* Women - which are acts of gender based violence that results,
or are likely to result in physical, sexual or psychological harm
or suffering to women; and other forms of physical abuse such
as battering or threats and coercion which violate a woman's
personhood, integrity and freedom movement; and
*Children - which include the commission of all forms of abuse,
neglect, cruelty, exploitation, violence, and discrimination and
all other conditions prejudicial to their development.
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(c) conferred by the acquiescence of the courts (Republic v. Estipular, 2000). Neither can jurisdiction over the
subject matter be conferred by the administrative policy of any court or a court’s unilateral assumption of
jurisdiction.
CIVIL PROCEDURE
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All other actions An action which affects title to or possession of real property, or an interest therein.
not considered The matter in litigation must involve:
as a real action a. Title to, ownership, possession, partition, foreclosure of mortgage, or any
interest in real property, not only incidental to the subject matter of the suit.
(Sec. 1, Rule 4, 1997 Rules of Civil Procedure)
b. Actions for reconveyance, cancellation of title fall under "title to, or possession
of, real property, or any interest therein" and are considered as real actions.
(Concha v. Lumocso, 2007)
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A: Non-joinder of indispensable parties is not a ground for the dismissal of an action; however if there is failure
to comply with the lawful orders of the court to implead indispensable parties, the complaint can be dismissed
for failure to comply with the lawful orders of the court. (Mesina v. Fian Sr., 2013)
REMEMBER: If the parties failed to add qualifying, restrictive or exclusive words pertaining to the specific
venue, the venue shall not be exclusive. (Polytrade Corp. v. Blanco, 1969)
If several parcels of land are the objects of one and the same transaction, the venye is in the court in ANY of the
provinces/places where the parcels of land are situated. (Filipino v. Seva, 1932)
If the parels of land are subject to separate and distinct transactions, separate actions should be laid in the court
of the province where each parcel of land is situated. (Mijares v. Piccio, 1957)
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A: An unsigned pleading produces no legal effect. However, the court may, in its discretion, allow such
deficiency to be remedied if it shall appear that the same was due to mere inadvertence and not intended for
delay. (Sec. 3, Rule 7, 1997 Rules of Civil Procedure)
Q: How is a pleading verified?
A: A pleading is verified by an affidavit, which states that:
(1) Affiant has read the pleading; and
(2) Allegations therein are true and correct of his personal knowledge or based on authentic records. (Sec.
4, Rule 7, 1997 Rules of Civil Procedure)
REMEMBER: Verification is deemed substantially complied with when one who has ample knowledge to swear
to the truth of the allegations in the complaint or petition signs the verification in good faith. (Estel v. Heirs of
Diego, 2012)
Q: What are the undertakings of a party under the certification against forum shopping?
(1) That the party has not commenced or filed any claim involving the same issues in any court, tribunal,
or quasi0judicial agency and , to the best of his knowledge, no such other action or claim is pending;
(2) That if there is such other pending action or claim, a complete statement of the present status thereof;
(3) That if he should therefore learn that the same or similar action or claim has been filed or is pending, he
shall report that fact within five days therefrom to the court wherein his aforeseaid complaint or
initiatory pleading has been filed (Sec. 5, Rule 7, 1997 Rules of Civil Procedure)
Q: What are the requirements of a corporation executing the verification/certification of non-forum shopping?
A: It may be signed by a specially authorized lawyer who has personal knowledge of the facts required to be
disclosed in such document. The certificate of non-forum shopping must be accompanied by a board resolution
authorizing the counsel to sign the certification. (BA Savings Bank v. Sia, 2000)
Requisites:
(a) it arises out of or is necessarily connected with the
transaction or occurrence which is the subject matter
of the opposing party’s claim;
(b) it does not require for its adjudication the presence
of third parties of whom the court cannot acquire
jurisdiction; and
(c) the court has jurisdiction to entertain the claim
both as to its amount and nature, except that in an
original action before the RTC, the counterclaim may
be considered compulsory regardless of the amount.
(Alba v. Malapajo, 2016)
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Q: What is the effect on the counterclaim when the complaint is dismissed?
A: If a counterclaim has already been pleaded by the defendant prior to the service upon him of the plaintiff‘s
motion to dismiss, and the court grants the said motion to dismiss, the dismissal shall be limited to the complaint.
(Sec. 2, Rule 17, 1997 Rules of Civil Procedure)
The dismissal of the complaint, due to the fault of the plaintiff, is without prejudice to the right of the defendant
to prosecute his counterclaim in the same action or in a separate action. This dismissal shall have the effect of an
adjudication upon the merits, unless otherwise declared by the court. The dismissal of the main action does not
carry with it the dismissal of the counterclaim. (Sec. 6, Rule 17, 1997 Rules of Civil Procedure)
REMEMBER: An answer raising a specific denial based on the above grounds is deemed to be under oath if it
contains verification.
Exceptions:
(1) When it appears from the pleading or the pieces of evidence on record that the Court has no jurisdiction
over the subject matter;
(2) That there is another action pending between the same parties for the same cause;
(3) That the action is barred by the statute of limitations; (same as Sec. 8, Rule 117, Rules of Civil Procedure)
and
(4) Res judicata. In all these cases, the court shall dismiss the claim. (Sec. 1, Rule 9, 1997 Rules of Civil
Procedure)
Exception: If the compulsory counterclaim or cross-claim is an after- acquired counterclaim, that is, such claim
matured after filing of the answer, it may be pleaded by filing an amended answer or a supplemental answer or
pleading (Sec. 9, Rule 11, 1997 Rules of Civil Procedure)
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REMEMBER: Counterclaims or cross-claims omitted through oversight, inadvertence, or excusable neglect or
when justice requires may be set up by amendment before judgment. Leave of court is necessary (Sec. 10, Rule
11, 1997 Rules of Civil Procedure)
The rule is that when a party is represented by counsel in an action in court, notices of all kinds, including
motions, pleadings, and orders must be served on counsel and notice to him is notice to the client (People vs.
Gabriel, 2006)
REMEMBER: It has been held that notice or service made upon a party who is represented by counsel is a nullity.
As a rule, notice to the client and not to his counsel of record is not notice in law unless for instance when the
court or tribunal orders service upon the party or when the technical defect in the manner of notice is waived.
(Heirs of Benjamin Mendoza vs. CA, 2008)
Q: What are the periods for the filing of pleadings?
GR: Within 15 days from service of summons, unless a different period is fixed
by the court (Rule 11, Sec. 1, 1997 Rules of Civil Procedure)
Answer to the Complaint
Foreign private juridical entity defendant summons through government
official: Within 30 days (Rule 11, Sec. 2, 1997 Rules of Civil Procedure)
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Non-resident: defendant, with extraterritorial service of summon: reasonable
time not less than 60 days set by court from service of extrajudicial summons
(Rule 14, Sec. 15, 1997 Rules of Civil Procedure)
Made as a matter of right: 15 days from service of copy of the amended
complaint (Sec. 3, Rule 11, 1997 Rules of Civil Procedure)
Answer to Amended
Complaint
Not as a matter of right: within 10 days from notice of the order admitting the
same (Sec. 3, Rule 11, 1997 Rules of Civil Procedure)
Answer to Counterclaim Within 10 days from service (Sec.4, Rule 11, 1997 Rules of Civil Procedure)
or Cross-claim
Answer to Third (fourth- Within 15 days (Sec.5, Rule 11, 1997 Rules of Civil Procedure)
etc.) party Complaint
Within 10 days from service of the pleading responded to. (Sec. 6, Rule 11, 1997
Reply
Rules of Civil Procedure)
Answer to Supplemental Within 10 days from notice of the order submitting the same (Sec. 6, Rule 10, 1997
complaint Rules of Civil Procedure)
REMEMBER: A motion to dismiss is not a responsive pleading and its filing does not preclude the exercise of
the plaintiff's right to amend his complaint. (Paeste Jaurigue, 94 Phil 179)
Leave of court is required for substantial amendment made after service of a responsive pleading. (Sec. 3, Rule
10, 1997 Rules of Civil Procedure; 1994 Bar)
REMEMBER: Failure to amend does not affect the result of the trial of said issue.
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Q: Distinguish between an amended pleading from a supplemental pleading.
Amended pleading Supplemental pleading
In order to allege facts which occurred prior to the
filing of the original pleadings, but because of In order to allege facts which occurred after the
oversight, inadvertence, or subsequent discovery, filing of the original pleadings
such facts were not alleged therein
As a matter of right, or by leave of court Always by leave of court
Merely supplements and exists side-by-side with the
Supersedes the original one which it amends
original
A new copy of the entire pleading must be filed Does not require a new copy of the entire pleading
Q: What is Filing?
A: It is an act of presenting the pleading or other papers to the clerk of court. (Sec. 2, Rule 13, 1997 Rules of Civil
Procedure)
Q: What is Service?
A: It is the act of providing a party with a copy of the pleading or paper concerned. (Sec. 2, Rule 13, 1997 Rules of
Civil Procedure)
Q: What are the circumstances that must be established in order to justify the resort to substituted service?
(1) Service of summons in person within a reasonable time was impossible;
(2) Efforts were exerted to locate the party; and
(3) The summons was served upon a person of sufficient age and discretion residing at the party's residence
or upon a competent person in charge of the party's office or place of business.
Note: Failure to ask would invalidate all subsequent proceedings on jurisdictional grounds. (Planter's
Development Bank v. Chandumal, 2012)
The validity of personal service of summons is how the service was personally served to the person of the
defendant and NOT the place of service. (Sps. Manuel v. Ong, 2014)
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A: Voluntary appearance pertains to any form of appearance in court, by the defendant, by his agent authorized
to do so, or by attorney. It is equivalent to service except where such appearance is precisely to object the
jurisdiction of the court over the person of the defendant (Carballo v. Encarnacion, 1953)
As a general rule, the defendant's voluntary appearance in the action shall be equivalent to service of summons.
(Sec. 20, Rule 14, 1997 Rules of Civil Procedure)
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available at said time, because all objections not so included shall be deemed waived. (Sec. 8, Rule 15, 1997 Rules
of Civil Procedure)
Q: What are the requisites in order for an action to be dismissed on the ground of litis pendentia?
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(1) The identity of parties or at least such as representing the same interest in both actions;
(2) The identity of rights asserted and relief prayed for, the relief being founded on the same facts; and
(3) The identity of the two cases such that judgment in one, regardless of which party is successful would
amount to res judicata in the other (Yap v. CA, 2012)
Q: What are the effects of non-compliance with the rule on certification against non- forum shopping?
(1) It is not curable by mere amendment and shall be a cause for the dismissal of the action.
(2) The dismissal for failure to comply shall not be done by the court motu proprio. The rule requires that
the dismissal be upon motion and hearing.
(3) If a case is dismissed for failure to comply with the certification requirement, the dismissal is, as a rule,
without prejudice, unless the order of dismissal otherwise provides (Sec. 5, Rule 7, Rules of Court)
If residents of adjacent cities or municipalities, the parties thereto may agree to submit their differences to
amicable settlement by an appropriate lupon. (Sec. 408, RA 7160)
Q: What are the cases requiring barangay conciliation as a pre-condition in filing a case before the courts and
what are the exceptions?
A: The lupon of each barangay shall have authority to bring together the parties actually residing in the same
city or municipality for amicable settlement of all disputes except:
(1) Where one party is the government, or any subdivision or instrumentality thereof;
(2) Where one party is a public officer or employee, and the dispute relates to the performance of his official
functions;
(3) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand pesos
(P5,000.00);
(4) Offenses where there is no private offended party;
(5) Where the dispute involves real properties located in different cities or municipalities unless the parties
thereto agree to submit their differences to amicable settlement by an appropriate lupon;
(6) Disputes involving parties who actually reside in barangays of different cities or municipalities, except
where such barangay units adjoin each other and the parties thereto agree to submit their differences to
amicable settlement by an appropriate lupon;
(7) Such other classes of disputes which the President may determine in the interest of Justice or upon the
recommendation of the Secretary of Justice.
(8) The court in which non-criminal cases not falling within the authority of the lupon under this Code are
filed may, at any time before trial motu propio refer the case to the lupon concerned for amicable
settlement. (Sec. 408, Local Government Code)
(9) Disputes where urgent legal action is necessary to prevent injustice from being committed or further
continued, specifically the following: [a] Criminal cases where accused is under police custody or
detention (See Sec. 412 (b) (1), Revised Katarungang Pambarangay Law); [b] Petitions for habeas corpus by a
person illegally deprived of his rightful custody over another or a person illegally deprived of or on
acting in his behalf; [c] Actions coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support during the pendency of the action; and; [d]
Actions which may be barred by the Statute of Limitations.
(10) Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) (Secs. 46 & 47, R. A.
6657);
(11) Labor disputes or controversies arising from employer-employee relations (Montoya vs. Escayo, et al.,
19890
(12) Actions to annul judgment upon a compromise, which may be filed directly in court (See Sanchez vs.
Tupaz, 1988).
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A: Yes, non-referral of a case for barangay conciliation may be waived if not raised seasonably in a motion to
dimiss. (Banares v. Balising, 2000)
Q: What are the remedies of the defendant when the motion to dismiss is denied?
A: If the motion is denied, the movant shall file his answer:
(1) Within the balance of the period prescribed under Rule 11 to which he was entitled at the time of serving
his motion; or
(2) Within 5 days, whichever is higher.
If the pleading is ordered to be amended, the movant shall file his answer within the period prescribed by Rule
11, counted from service of amended pleading, unless a longer period is prescribed by the court. (Sec. 4, Rule 16,
1997 Rules of Civil Procedure)
The denial may be assailed by certiorari, if there is a showing that the denial was tainted by with grave abuse of
discretion amounting to lack of jurisdiction. (Banez v. Concepcion, 2014)
Exceptions: Even after an answer has been filed, the defendant can still file a motion to dismiss, with leave of
court, on the following grounds:
(1) Lack of jurisdiction over the subject matter of the claim;
(2) Litis pendentia;
(3) Res judicata; or
(4) Prescription of action.
Q: Distinguish between Motion to dismiss under Rule 16 from Demurrer to Evidence under Rule 33.
Motion to dismiss Demurrer to evidence
Made before the filing of the answer (as a general Made after the plaintiff rests his case, i.e., after the
rule) completion of the presentation of his evidence
There are several grounds for a motion to dismiss Only one ground: that upon the facts and the law, the
plaintiff has shown no right to relief
If denied, the defendant may file his responsive If denied, the defendant may present evidence
pleading
If granted, the complaint may be refiled, depending If granted, complaint may no longer be refiled and the
on the ground for dismissal remedy of the plaintiff is to appeal from the order of
dismissal
Dismissal upon motion by the plaintiff after service of answer is a matter of discretion upon the court. (Sec. 2,
Rule 17, 1997 Rules of Civil Procedure)
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Q: Explain the two-dismissal rule.
A: As a general rule, dismissals under Section 1 of Rule 17 are without prejudice except when it is the second
time that the plaintiff caused its dismissal. Accordingly, for a dismissal to operate as an adjudication upon the
merits, i.e., with prejudice to the re-filing of the same claim, the following requisites must be present:
(1) There was a previous case that was dismissed by a competent court;
(2) Both cases were based on or include the same claim;
(3) Both notices for dismissal were filed by the plaintiff; and
(4) When the motion to dismiss filed by the plaintiff was consented to by the defendant on the ground that
the latter paid and satisfied all the claims of the former.
The purpose of the “two-dismissal rule” is “to avoid vexatious litigation.” When a complaint is dismissed a
second time, the plaintiff is now barred from seeking relief on the same claim. (Ching v. Ching, 2014)
REMEMBER: A dismissal under Sec. 3, Rule 17 is a dismissal with prejudice unless the court provides otherwise.
Q: Define pre-trial.
A: It is a procedural device by which the court is called upon, after the filing of the last pleading, to compel the
parties and their lawyers to appear before it, and negotiate an amicable settlement or otherwise make a formal
statement and embody in a single document the issues of fact and law involved and such other matters as may
aid in the prompt disposition of the action.
Under the Supreme Court Guidelines on Pre-Trial and Discovery (A.M. No. 03-1-09-SC, effective 16 August 2004),
if the plaintiff fails to file the motion to set the case for pre-trial, the clerk of court shall issue a notice of pre-trial.
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The notice of pre-trial shall be served on counsel, or on the party who has no counsel. The counsel served with
such notice is charged with the duty of notifying the party represented by him.
REMEMBER: Notice is so important that it would be grave abuse of discretions for the court to allow the plaintiff
to present his evidence ex parte for failure of the defendant to appear before the pre-trial who did not receive
notice.
Plaintiff's non-appearance shall be cause for the dismissal of the action with prejudice, unless otherwise
provided, the same shall have the effect of adjudication on the merits, and thus, final. The remedy of the plaintiff
is to appeal from the order of dismissal.
Defendant's non-appearance shall be a cause to allow the plaintiff to present his evidence ex parte. (Secs. 4 and 5,
Rule 18, 1997 Rules of Civil Procedure).
REMEMBER: If it is the defendant who fails to appear at the pre-trial, the plaintiff is given the privilege to
present his evidence without objection from the defendant, the defendant having forfeited the opportunity to
rebut or present its own evidence. (Benavidez v. Salvador, 2013)
Pre-trial brief is specifically required to be submitted Pre-trial brief is not specifically required
Q: What is arbitration?
A: Arbitration refers to the voluntary dispute resolution process in which one or more arbitrators, appointed in
accordance with the agreement of the parties, or rules promulgated pursuant to this Act, resolve a dispute by
rendering an award (Sec.3(d), RA 9285)
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Animo Notes
(1) Labor disputes under the Labor Code;
(2) Civil status of persons;
(3) Validity of a marriage;
(4) Any ground for legal separation;
(5) Jurisdiction of courts;
(6) Future legitime;
(7) Criminal liability; and
(8) Those which by law cannot be compromised (Sec. 6, RA 9285)
Remedial Law 24
Animo Notes
Q: Define deposition.
A: Deposition is a written testimony of a witness given in the course of a judicial proceeding in advance of the
trial or hearing upon oral examination or in response to written interrogatories and where an opportunity is
given for cross-examination. (Republic v. Sandiganbayan, 2001)
Remedial Law 25
Animo Notes
(2) Permit entry upon designated land or other property in his possession or control for the purpose of
inspecting, measuring, surveying, or photographing the property or any designated relevant object or
operation thereon. (Sec. 1, Rule 27, 1997 Rules of Civil Procedure)
REMEMBER: This mode of discovery does not authorize the distrain of the articles or deprive the person who
produced the same of their possession even temporarily. (Rule 27,1997 Rules of Civil Procedure)
REMEMBER: If a party refuses to deliver the report upon request to the person causing the examination to be
made, the court may require its delivery on such terms as are just.
If the physician refuses or fails to make a report, the court may exclude his testimony. (Sec. 3, Rule 28, 1997 Rules
of Civil Procedure)
Remedial Law 26
Animo Notes
(1) Expropriation
(2) Partition
(3) Settlement of Estate of a Deceased Person in case of contested claims
(4) Submission of accounting by executors or administrators
REMEMBER: The provisions of the Rules of Court governing demurrer to evidence does not apply to an election
case (Gementiza vs. COMELEC, 2001) (Sec. 4, Rule 1, Rule 143)
Q: Distinguish between demurrer to evidence in civil cases from demurrer to evidence in criminal cases.
Civil Case Criminal Case
Leave of court is not required With or without leave of court
If the demurrer is granted, the order of dismissal is Dismissal is not appealable because of the
appealable constitutional policy against double jeopardy
If the demurrer is denied, the defendant may proceed Accused may adduce his evidence only if the
to present his evidence. demurrer is filed with leave of court.
REMEMBER: In criminal cases, unlike in civil cases, it is strongly suggested that when you file a demurrer to
evidence it should always be with leave of court so that if it is denied, you can still present your evidence.
Remedial Law 27
Animo Notes
The movant must give a three (3) day notice of
The opposing party is given ten (10) days notice.
hearing.
The entire case may be termianted. It may only be partial.
Motion is instituted only by a claiming party. Either the defendant or petitioner may file the same.
Remedial Law 28
Animo Notes
1, Rule 45 as amended by
AM No. 07-7-12-SC)
Q: What are the issues allowed to be raised for the first time on appeal?
A: Issues allowed to be raised for the first time on appeal
(1) Lack of jurisdiction;
(2) Where the lower court committed plain error; and
(3) Where there are jurisprudential developments affecting the issues, or when the issues raised present a
matter of public policy.
Q: What is the rule on review of final judgments of final orders of the Ombudsman?
A: In administrative disciplinary actions, the appeal should be brought to the CA under Rule 43.
But in cases in which it is alleged that the Ombudsman has acted with grave abuse of discretion amounting to
lack or excess of jurisdiction, a special civil action of certiorari under Rule 65 may be filed with the SC to set aside
the Ombudsman’s order or resolution.
In criminal or non-administrative case, the ruling of the Ombudsman shall be elevated to the SC by way of Rule
65.
The SC‘s power to review over resolutions and orders of the Office of the Ombudsman is restricted on to
determining whether grave abuse of discretion has been committed by it.
Note: The Court is not authorized to correct every error or mistake of the Office of the Ombudsman other than
grave abuse of discretion. (Villanueva v. Ople, 2005)
Remedial Law 29
Animo Notes
A: An appeal may be withdrawn as of right at any time before the filing of the appellee's brief. Thereafter, the
withdrawal may be allowed in the discretion of the court. (Sec. 3, Rule 50, 1997 Rules of Civil Procedure)
Q: What are the grounds for availing of a petition for relief from judgment?
(1) When a judgment or final order is entered, or any other proceeding is thereafter taken against a party
in any court through fraud, accident, mistake, or excusable negligence, he may file a petition in such
court and in the same case praying that the judgment, order or proceeding be set aside. (Sec. 1, Rule 38,
1997 Rules of Civil Procedure)
(2) When the petitioner has been prevented from taking an appeal by fraud, mistake, or excusable
negligence. (Sec. 2, Rule 38, 1997 Rules of Civil Procedure)
Q: May a Petition for Relief be availed of in the Court of Appeals or in the Supreme Court?
A: No. Rule 38 uses the phrase "any court," it refers only to Municipal/Metropolitan and Regional Trial Courts.
There is no provision in the Rules of Court making the petition for relief applicable in the CA or this Court.
(Purcon v. Court of Appeals, 2008)
Q: What are the grounds for availing a Petition for Annulment of Judgment?
A: A petition for annulment of judgment is a remedy in equity only if the judgment, final order or final resolution
sought to be annulled was rendered by a court lacking jurisdiction or through extrinsic fraud. (Dare Adventure
Farm Corporation v. Spouses Ng, , 2012). Jurisprudence recognizes lack of due process as additional ground to
annul a judgment. (Marcelina Diona v. Balangue, 2013)
REMEMBER: The remedy of annulment of judgment may be availed of when the ordinary remedies of new
trial, appeal, petition for relief or other appropriate remedies are no longer available through no fault of the
petitioner. (Sec. 1, Rule 47,1997 Rules of Civil Procedure)
In case of extrinsic fraud, the action must be filed within four (4) years from its discovery. (Sec. 3, Rule 47). In case
of lack of jurisdiction, the action must be brought before the action is barred by laches or estoppel. (Sec. 3, Rule
47)
Remedial Law 30
Animo Notes
The court, upon motion, may order the trial court to try the case as if a motion for
new trial was granted. (Sec. 7, Rule 47)
Extrinsic Fraud
As a general rule, the prescriptive period is deemed suspended. However, The
prescriptive period shall not be suspended where the extrinsic fraud is attributable to
the plaintiff in the original action. (Sec. 8, Rule 47)
It shall have the effect of setting aside the questioned judgment or final order
rendering the same null and void but the judgment of annulment is without
prejudice to the refiling of the original action in the proper court. (Sec. 7, Rule 47)
Lack of Jurisdiction
The prescriptive action shall be deemed suspended from the filing of such original
action until the finality of the judgment of annulment. (Sec. 8, Rule 47)
Q: Distinguish between finality of judgment for purposes of appeal and finality of judgment for purposes of
execution.
Finality of judgment for purposes of appeal Finality of judgment for purposes of execution.
Finality for purposes of appeal refers to the Finality for purposes of execution refers to the
distinction between “final judgments or orders” and judgment being “final and executory” upon the lapse
“interlocutory orders,” which cannot be appealed. of the appeal period if no appeal is taken, upon which
(Rule 41, Sec. 1(b)) execution shall issue as a matter of right. (Rule 39, Sec.
1)
REMEMBER: A judgment becomes “final and executory” by operation of law. Finality becomes a fact upon the
lapse of the reglementary period to appeal if no appeal is perfected.
In case of a judgment or final order against a person, the judgment or final order is presumptive evidence of a
right as between the parties and their successors in interest by a subsequent title.
Remedial Law 31
Animo Notes
(c) The officer may levy on the debts due the judgment debtor including bank deposits, financial interests,
royalties, commissions and other personal property not capable of manual delivery in the possession or
control of third parties. The process of effecting this form of levy is called garnishment.
A foreign judgment on the mere strength of its promulgation is not yet conclusive. A foreign judgment may be
barred from recognition if it runs counter to public policy. (Republic v. Gingoyon, 2006)
But where the main action is for support, provisional remedy of support pendente lite may not be granted by a
municipal trial court because the main action is within the jurisdiction of the family court.
Remedial Law 32
Animo Notes
(1) In an action for the recovery of a specified amount of money or damages, other than moral and
exemplary, on a cause of action arising from law, contract, quasi-contract, delict or quasi - delict against
a party who is about to depart from the Philippines with intent to defraud his creditors;
(2) In an action for money or property embezzled or fraudulently misapplied or converted to his own use
by a public officer, or an officer of a corporation, or 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 duty;
(3) In an action to recover the possession of property unjustly or fraudulently taken, 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 applicant or an authorized person;
(4) In an action against a party who has been guilty of a fraud in contracting the debt or incurring the
obligation upon which the action is brought, or in the performance thereof;
(5) In an action against a party who has removed or disposed of his property, or is about to do so, with
intent to defraud his creditors; or
(6) In an action against a party who does not reside and is not found in the Philippines, or on whom
summons may be served by publication. (Sec. 1, Rule 57)
Q: Can the Court of Appeals issue a provisional writ of injunction against a preventive suspension order
issued by the Office of the Ombudsman?
A: Yes. The concept of Ombudsman independence cannot be invoked as basis to insulate the Ombudsman from
judicial power constitutionally vested unto the courts. Courts are apolitical bodies, which are ordained to act as
impartial tribunals and apply even justice to all. Hence, the Ombudsman’s notion that it can be exempt from an
incident of judicial power – that is, a provisional writ of injunction against a preventive suspension order - clearly
strays from the concept's rationale of insulating the office from political harassment or pressure. (Carpio- Morales
vs. CA and Binay, 2015)
Remedial Law 33
Animo Notes
It can be granted at any stage of an action or proceeding prior to the
judgment or final order. It persists until it is dissolved or until the
termination of the action without the court issuing a final injunction.
Seeks a judgment embodying a
Seeks to preserve the status quo until the merits can be heard.
final injunction
Assailed by appeal Assailed by petition for certiorari
However, it is not available where the summons could not be served personally or by substituted service despite
diligent efforts or where the adverse party is a resident of the Philippines temporarily absent therefrom or is a
non-resident thereof. (Sec. 4(c), Rule 58)
Q: What are the requisites of a 72-hour ex parte temporary restraining order (TRO) issued by the executive
judge?
A:
(1) The applicant has a right to refief, a right in esse or a right to be protected and the act against which the
injunction is directed is violative of such right;
(2) The matter is of extreme urgency such that the applicant will suffer grave injustice and irreparable injury
if the TRO is not issued;
(3) The Executive judge shall immediately summon the parties for conference and immediately raffle the
case in their presence;
(4) Before the expiration of the 72-hour period the Presiding judge to whom the case is assigned shall
conduct a summary hearing to determine whether the TRO can be extended up to 20 days, including
the original 72 hours (par. 3, Administrative Circular No. 20-95)
Q: What is receivership?
A: It is a provisional remedy wherein the court appoints a reprsentative to preserve, administer, dispose of and
prevent the loss or dissipation of the real or personal property during the pendencey of an action It may be the
principal action itself ofr a mere provisional remedy.
Remedial Law 34
Animo Notes
Q: What is replevin?
A: It is an action whereby the owner or person entitled to repossesion of goods or chattels may recover those
goods or chattels from one who has wrongfully distrained or taken or who wrongfully detains such goods or
chattels. (Black’s 6th edition)
Interpleader MTC - if real property: does not exceed P20K and the case is filed outside Metro Manila
MeTC – does not exceed P50K in Metro Manila
RTC – if the value exceeds the amounts above or if exclusively within RTC’s jurisdiction
i.e. incapable of pecuniary estimation
Remedial Law 35
Animo Notes
Declaratory
Relief and other GR: RTC, because it is incapable of pecuniary estimation.
similar remedies
(a) Reformatio XPN: If the petition has far-reaching implications and it raises questions that should be
n of an resolved, it may be treated as one for prohibition or for mandamus, which the SC and CA
Instrument may take cognizance
(b) Consolidati
on of NOTE: Where the action is one for quieting of title the jurisdiction will depend upon the
Ownership assessed value of the property.
(c) Quieting of
Title
Review of
adjudication of
See Rule 65
the COMELEC
and COA;
Supreme Court - Original Jurisdiction
Note: Follow Doctrine of Hierarchy of Courts ,except for meritorious cases, SC can
entertain the petition.
Certiorari, Court of Appeals - whether or not in the aid of its appellate jurisdiction, and unless
Prohibition and otherwise provided, in its exclusive jurisdiction when it involves the acts or omission of
Mandamus quasi-judicial bodies.
RTC, CA, SC
QUO WARRANTO UNDER RULE 66: Sandiganbayan has exclusive original jurisdiction
on quo warranto arising or that may arise in cases filed under EO No. 1,2,14,14-A but this
Quo Warranto
must be in aid of its appellate jurisdiction and not exclusive of the SC
QUO WARRANTO UNDR THE OMNIBUS ELECTION CODE: Comelec, RTC OR MTC
as the case may be
Expropriation RTC – incapable of pecuniary estimation
RTC – incapable of pecuniary estimation
MTC OR RTC- an action to forclose a rem may also be considered an action involving
Foreclosure of
interest in real property. Under B.P. 129, as amended, where the action is one “involving
Real Estate
title to, or possession of, real property or any interest therein, jurisdiction depends on the
Mortgage
assessed value (MTC: not more than 20k or in Metro Manila not more that 50K; mortgage
debt not more than 300k or in Metro Manila not more than 400k, othwerwise the action
shall be filed in RTC (Riano/ Feria and Noche 2007)
However, an action for partition of real property also involves “interest in real property.”
Partition All civil actions involving title to, or possession of, real property or any interest therein,
the jurisdction depend on the assessed value. (Sec 19(2) of BP 129 as amended)
Remedial Law 36
Animo Notes
MTC – personal property not more than 300K and in Metro Manila not more than 400K;
real property not more than 20K and in metro manila not more than 50K. beyond these,
RTC. (Feria cited by Riano)
Forcible Entry
and Unlawful MTC, MCTC, METC or MTCC (1st level courts)
Detainer
Contempt MTC, RTC, CA or SC
NOTE: An action for interpleader is proper when the lessee does not know the person to whom to pay rentals
due to conflicting claims on the property. (Ocampo v. Tirona, 455 SCRA 757 [2005])
Remedial Law 37
Animo Notes
Q: What are the proceedings considered as similar remedies?
A:
(1) Reformation of an instrument
a. There must have been a meeting of the minds of the parties to the contract;
b. The instrument does not express the true intention of the parties;
c. The failure of the instrument to express the true intention of the parties is due to mistake, fraud,
inequitable conduct or accident (Emilio v. Rapal, 2010)
(2) Consolidation of ownership
(3) Quieting of title to real property
a. The plaintiff or complainant has a legal or an equitable title or interest in the real property
subject of the action; and
b. The deed, claim, encumbrance, or proceeding claimed to be casting cloud on his title must be
shown to be in fact invalid or inoperative despite its prima facie appearance of validity or legal
efficacy (Eland Philippines, Inc v. Garcia, 201)
Q: When is a Motion for Reconsideration not required before the filing of petition?
A:
(1) Where the order is a patent nullity, as where the court a quo has no jurisdiction;
(2) Where the questions raised in the certiorari proceedings have been duly raised and passed upon by the
lower court, or are the same as those raised and passed upon in the lower court;
Remedial Law 38
Animo Notes
(3) Where there is an urgent necessity for the resolution of the question and any further delay would
prejudice the interests of the Government or of the petitioner or the subject matter of the petition is
perishable;
(4) Where, under the circumstances, a motion for reconsideration would be useless;
(5) Where petitioner was deprived of due process and there is extreme urgency for relief;
(6) Where, in a criminal case, relief from an order of arrest is urgent and the granting of such relief by the
trial court is improbable;
(7) Where the proceedings in the lower court are a nullity for lack of due process;
(8) Where the proceeding was ex parte or in which the petitioner had no opportunity to object; and,
(9) Where the issue raised is one purely of law or public interest is involved. (Sim v. National Labor Relations
Commission, G.R. No. 157376, October 2, 2007)
Remedial Law 39
Animo Notes
A: Remedy or proceeding by which the state determines the legality of a claim which a party asserts to the use
or exercise of an office or franchise and ousts the holder from its enjoyment, if the claim is not well founded, or
if the right to enjoy the privilege has been forfeited or lost. (Sec. 1, Rule 66, 1997 Rules of Civil Procedure)
Q: Distinguish between Quo Warranto under Rule 66 and Quo Warranto in the Omnibus Election Code.
Quo Warranto (Rule 66) Quo Warranto (Election Code)
Subject of the petition is in relation to an appointive Subject of the petition is in relation to an elective
office; office;
The issue is the legality of the occupancy of the office Grounds relied upon are: (a) ineligibility to the
by virtue of a legal appointment; position; or (b) disloyalty to the Republic.
May be instituted with the COMELEC by any voter
Petition is brought either to the Supreme Court, the contesting the election of any member of Congress,
Court of Appeals or the Regional Trial Court; regional, provincial or city officer; or to the MeTC,
MTC or MCTC if against any barangay official;
Filed within one (1) year from the time the cause of
Filed within ten (10) days after the proclamation of
ouster, or the right of the petitioner to hold the office
the results of the election;
or position arose;
Petitioner may be any voter even if he is not entitled
Petitioner is the person entitled to the office;
to the office;
When the tribunal declares the candidate-elect as
ineligible, he will be unseated but the person
The court has to declare who the person entitled to occupying the second place will not be declared as the
the office is if he is the petitioner. one duly elected because the law shall consider only
the person who, having duly filed his certificate of
candidacy, received a plurality of votes.
Q: What is an Expropriation?
A: Definition An exercise of the State's power of eminent domain wherein the government takes a private
property for public purpose upon payment of just compensation. (Sec. 1, Rule 67, 1997 Rules of Civil Procedure)
Remedial Law 40
Animo Notes
(2) If the latter agrees, and agreement as to the price cannot be reached.
Q: When can plaintiff immediately enter into possession of the real property in relation to RA 8974?
A: RA No. 8974 requires that the Government make a direct payment to the property owner before the writ of
possession may issue. Moreover, such payment is based on the zonal valuation of the BIR in the case of land, the
value of the improvements or structures under the replacement cost method, or if no such valuation is available
and in cases of utmost urgency, the proffered value of the property to be seized. It is the plain intent of RA No.
8974 to supersede the system of deposit under Rule 67 with the scheme of "immediate payment" in cases
involving national government infrastructure projects. (Republic vs. Gingoyon, 2005)
Remedial Law 41
Animo Notes
Buyer at public auction becomes absolute owner
Buyer at public auction becomes absolute owner
only after finality of an action for consolidation of
only after confirmation of the sale;
ownership;
Mortgagee is given a special power of attorney in the
Mortgagee need not be given a special power of
mortgage contract to foreclose the mortgaged
attorney.
property in case of default.
Q: What is a Partition?
A: It is a process of dividing and assigning property owned in common among the various co-owners thereof in
proportion to their respective interests in said property.
However, since the action affects interest in real property, jurisdiction shall be determined by inquiring into the
assessed value of the property [Sec. 19 (2), B.P. 129, as amended by RA 7691]. Hence an action for partition may be
filed in the MTC, if the assessed value is not more than Php20,000 or Php50,000 for civil actions in Metro Manila.
(Heirs of Valerian Concha, Sr. v. Lumocso, G. R. No. 158121, December 12, 2007)
Remedial Law 42
Animo Notes
A: The first phase of a partition is taken up with the determination of whether or not a co-ownership in fact
exists, and a partition is proper (not prohibited by law) and may be made by voluntary agreement. This phase is
terminated with a declaration that plaintiff is not entitled to have a partition either because a co-ownership does
not exist, or it is legally prohibited, or that there is co-ownership and partition is proper and accounting is in
order, in which case, the co-owners may agree and make partition among themselves and the court will confirm
the partition agreed upon. In either case, either the action is dismissed or partition and/or accounting is decreed.
These orders are final, and therefore appealable. (Bagayas v. Bagayas, 2013).
Q: When must the action for forcible entry or unlawful detainer be filed?
A: The action must be filed within 1 year after withholding or unlawful deprivation. (Sec. 1, Rile, 70) The one-
year period shall be counted from the date of discovery and prohibition in forcible entry. (Elan v. CA, 1989) The
one-year period shall be counted from the last demand in unlawful detainer. (Sps. Penas v. CA, 1994)
Remedial Law 43
Animo Notes
The basis of the recovery of possession is the
plaintiff’s real right of possession or jus possessionis, The basis for the recovery of possession is ownership
which is the right to the possession of the real itself.
property independent of ownership.
The adjudication of the case is done on the basis of affidavits and position papers. The court is no longer allowed
to hold hearings to receive testimonial evidence.
Should the court find it necessary to clarify certain issues, it may require the parties instead to submit affidavits
or other evidence. The proceeding is required to be summary so as to promote the speedy disposition of
ejectment cases.
Q: What is Contempt?
A: A disregard of, or disobedience to the rules or orders of a judicial body, or an interruption of its proceedings
by disorderly behavior or insolent language, in its presence or so near thereto as to disturb the proceedings or to
impair the respect due to such body. (Lorenzo Shipping Corp. v. Distribution Management, C.R No. 155849, August
31, 2011)
(1) Misbehavior of an officer of a court in the performance of his official duties or in his official transactions;
(2) Disobedience of or resistance to a lawful writ, process, order, or judgment of a court, including the act
of a person who, after being dispossessed or ejected from any real property by the judgment or process
of any court of competent jurisdiction, enters or attempts or induces another to enter into or upon such
real property, for the purpose of executing acts of ownership or possession, or in any
(3) manner disturbs the possession given to the person adjudged to be entitled thereto;
(4) Any abuse of or any unlawful interference with the processes or proceedings of a court not constituting
direct contempt under Section 1 of Rule 71;
(5) Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the.
administration of justice;
(6) Assuming to be an attorney or an officer of a court, and acting as such without authority;
(7) Failure to obey a subpoena duly served;
(8) The rescue, or attempted rescue, of a person or property in the custody of an officer by virtue of an order
or process of a court held by him. (Sec. 3, Rule 71); and
(9) Forum shopping punishable as contempt: It is so because it is deplorable practice, it resulting in the
unnecessary clogging of the already heavily burdened dockets of the courts. (Ruiz v. Drilon, 209 SCRA
695 [1992])
Remedial Law 44
Animo Notes
May not appeal therefrom. Remedy is to file a A person adjudged in indirect contempt may appeal
petition for certiorari or prohibition against the court from the judgment or final order of the court in the
which adjudged him in direct contempt (Sec.2, Rule same manner as in criminal cases.
71, Rules of Court)
Pending the resolution of the petition for certiorari The appeal will not however, have the effect of
or prohibition, the execution of the judgment for suspending the judgment if the person adjudged in
direct contempt shall be suspended. The suspension contempt does not file a bond in an amount fixed by
however, shall take place only if the person the court from which the appeal was taken. This
adjudged in contempt files bond fixed by the court bond is conditioned upon his performance of the
which rendered the judgment. This bond is judgment or final order if the appeal is decided
conditioned upon his performance of the judgment against him (Sec 11, Rue 71, Rules of Court)
should the petition be decided against him (Sec 2,
Rule 71, Rules of Court; Canada v. Suerte).
SPECIAL PROCEEDINGS
Remedial Law 45
Animo Notes
1. An affirmative relief for injury arising from a 1. No cause of action needed. What is necessary
party’s wrongful act or omission is prayed for. is the establishment of a status, right, or a
Thus, cause of action is necessary. particular fact.
2. Initiated by filing a Complaint. The Defendant 2. Initiated by filing a Petition. The Defendant
files an Answer. files an Opposition.
3. Parties involved are adversaries. 3. Parties are not adversaries, except when in
the course of the proceedings, there are
oppositors.
5. Summons required for acquisition of 5. Summons required for due process purposes
jurisdiction. only.
Remedial Law 46
Animo Notes
(2) Mandatory: A person having custody of a will after the death of the testator who neglects without
reasonable cause to deliver the same, when ordered so to do, to the court having jurisdiction, may
be committed to prison and there kept until he delivers the will. (Rule 75, Section 1)
(3) Imbued with public policy: Imprescriptible and doctrine of estoppel does not apply. (Fernandez v.
Dimagiba, L-23638, October 18, 1967)
NOTES:
(1) The determination of ownership of a property during probate is provisional, not conclusive, and is subject
to the final decision in a separate action to resolve title. (Id.)
(2) Whether the properties belong to the conjugal partnership or not, the probate court has to liquidate the
conjugal partnership in order to determine the estate of the decedent that shall be distributed to the heirs
who are all parties to the proceeding. (Romero v. Court of Appeals, G.R. No. 188921, April 18, 2012)
Q: May a codicil discovered after probate proceeding has become final and executory still be subject to
probate proceeding?
A: Yes. The fact that a will has been probated and the order allowing the same has become final and executory
is not a bar to the presentation and probate of a codicil, although its existence was known at the time of the
probate of the will.
Corollary: The failure of the oppositor to the probate of a codicil to file opposition to the probate of the will,
having knowledge of such proceedings, does not constitute an abandonment of a right, nor does it deprive her
of the right to oppose the probate of said codicil. (Estate of Macam v, Gatmaitan, G.R. No. 40445, August 17, 1934)
Q: What are the jurisdictional facts that must be alleged in a Petition for Probate?
A:
(1) That a person died leaving a will;
(2) In case of a resident, that he resided within the territorial jurisdiction of the court; and
(3) In the case of non-resident, that he left an estate within such territorial jurisdiction.
Remedial Law 47
Animo Notes
1. Designated or known heirs, legatees, and
Who are entitled to the devisees Compulsory Heirs
Notice Requirement 2. Executor named in the will, and co-executor, if only.
any
Remedial Law 48
Animo Notes
a) No executor is named in the will
b) If executor is appointed, such person named is incompetent, refuses the trust, or fails to give
bond
c) Person dies intestate
(1) Surviving spouse or next of kin, or both, in the discretion of the court, or to such person as such
surviving spouse or next of kin, requests to have appointed, if competent and willing to serve
(2) The principal creditors, if competent and willing to serve, if the surviving 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 after the death of the person to apply for administration or to request that administration be
granted to some other person
(3) Such other person as the court may select if there is no such creditor competent and willing to serve.
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(5) Cause a publication of money claims against the estate as notice to the creditors. (Rule 86, Section 3)
Q: What is the procedure for claims of Executor or Administrator against the Estate?
A: The procedure for claims of executor or administrator against the estate are the following:
(1) The executor or administrator shall give notice in writing to the court;
(2) The court shall appoint a special administrator who shall have the same powers and liabilities
as the general executor or administrator in the adjustment of such claim; and
(3) The court may order the executor or administrator to pay the special administrator necessary
funds to defend such claim. (Rule 86, Section 8)
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Q: Distinguish a regular administrator from a special administrator.
Regular Administrator Special Administrator
Appointed when: Appointed when:
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If executor or administrator
demands original: Original must
be exhibited.
If founded on a bond, bill, note, or
other instrument: Original need UNLESS: lost or destroyed. Claim
Second: Serving a copy of claim on
not be filed but copy with all must then be accompanied by an
the executor or administrator.
indorsements must be attached to affidavit containing a copy or
the claim filed. particular description of the
instrument and stating its loss or
destruction.
If claim is due: accompanied by affidavit stating the amount justly due, that no payments have been made
which are not credited, and that there are no offsets to the same, to the knowledge of the affiant.
If claim is not due, or is contingent: accompanied by affidavits stating the particulars thereof.
Q: What are the actions that may be brought against the executors and administrators?
A: The following are the actions that may be commenced directly against the executor or administrator:
(1) Recovery of real or personal property or any interest therein from the estate
(2) Enforcement of a lien thereon
(3) Action to recover damages for any injury to person or property, real or personal.
NOTE: These instances are deemed actions that survive the death of the decedent.
Q: What are the requisites before creditor may bring an action for recovery of property fraudulently conveyed
by the deceased?
A: A creditor may commence and prosecute to final judgment, in the name of the executor or administrator, an
action for the recovery of property fraudulently conveyed or attempted to conveyed by the deceased, when the
following circumstances concur:
(1) That the deceased in his lifetime had conveyed real property or a right or interest therein, or a debt or
credit, with intent to defraud his creditors or to avoid any right, debt or duty;
(2) That the deceased had so conveyed such property, right, interest debt or credit, that by law the
conveyance would be void against his creditors;
(3) That the subject of the attempted conveyance would be liable to attachment by any of the creditors in
his lifetime;
(4) That there is a deficiency of assets in the hands of an executor or administrator for the payment of the
debts and expenses for administration; and
(5) That the executor or administrator has failed to commence the action for recovery of the subject of the
conveyance or attempted conveyance.
(6) That leave is granted by the court to the creditor to file the action
(7) That a bond is filed by the creditor as prescribed in this provision; and
(8) That the action by the creditor is in the name of the executor or administrator.
NOTE: The last three requisites are unnecessary where the grantee is the executor or administrator himself, in
which case the action should be in the name of all the creditors.
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real properties can be charged first even though the personal properties are not exhausted when:
(1) Personal property is not sufficient to pay the debts, expenses of administration, and legacies; (Id.)
(2) Sale of such personal property would be detrimental to the participants of the estate; (Id.)
(3) Sale of personal property may injure the business or other interests; (Rule 89, Section 2)
(4) Testator has not made sufficient provision for payment of such debts, expenses, or legacies; (Id.)
(5) Decedent under contract, binding in law, to deed real property to beneficiary; (Rule 89, Section 8)
(6) Decedent during his lifetime held real property in trust for another person. (Rule 89, Section 9)
NOTE: The disposition by sale of a portion of the conjugal property by the surviving spouse without prior
liquidation mandated by Article 130 of the Family Code is not necessarily void if said portion has not yet been
allocated by judicial or extrajudicial partition to another heir of the deceased spouse. (Heirs of Go v. Servacio, G.R.
No. 157537, September 7, 2011)
Q: What is the remedy of an heir entitled to residue but who has yet to receive his share?
A: The better practice for the heir who has not received his share is to:
(1) Demand his share through a proper motion in the same probate or administrative proceedings, or
(2) Motion for reopening of the probate or administrative proceedings if it had already been closed, and not
through an independent action. (Guilas v. Judge of the CFI of Pampanga, G.R. No. L-26695, January 31, 1972)
(1) INVENTORY: Make and return to the court, at such time as it may order, a true inventory of all the real
and personal estate belonging to him as trustee, which at the time of the making of such inventory shall
have come to his possession or knowledge;
(2) FAITHFUL MANAGEMENT AND DISCHARGE OF TRUST: Manage and dispose of all such estate,
and faithfully discharge his trust in relation thereto, according to law and the will of the testator or the
provisions of the instrument or order under which he is appointed;
(3) RENDER ACCOUNTING: Upon oath at least once a year until his trust is fulfilled, a true account of
the property in his hands and the management and disposition thereof (unless he is excused therefrom
in any year by the court);
(4) SETTLEMENT OF ACCOUNT AND DELIVERY FO THE ESTATE: At the expiration of his trust he
will settle his account in court and pay over and deliver all the estate remaining in his hands, or due
from him on such settlement, to the person or persons entitled to thereto.
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A: Escheat proceedings are actions in rem whereby an action is brought against the thing itself instead of the
person. Thus, an action may be instituted and carried to judgment without personal service upon depositors or
other claimants. (RCBC v. Bakunawa, 2012)
Q: What are the remedies of respondent against petition, period for filing a claim?
A:
(1) Respondents have opportunity to file an opposition in the scheduled hearing set forth by the court;
(2) Respondents can file an action to recover the escheated property within 5 years from date of judgment.
If already sold, the municipality or city shall be accountable for the proceeds after deducting reasonable
charges for the care of the estate.
NOTE: Only a guardian granted by the court can dispose or encumber the property of the minor, not even the
mother or father as the natural guardian of the minor. (Neri v. Uy, G.R. No, 194366, October 10, 2012)
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(3) Secretary of Social Welfare or Secretary of Health (in case insane minor needs hospitalization). (A.M. No.
03-02-05-SC)
Q: What are the Writs of Habeas Corpus issued by Family courts under Section 5(b) of R.A. 8369?
A: These pertain to the ancillary remedy that may be availed of in conjunction with a petition for custody of
minors under Rule 99 of the Rules of Court. The writ must be issued by the same court to avoid splitting of
jurisdiction, conflicting decisions, interference by a co-equal court, and judicial instability. (Madrian v. Madrian,
G.R. No. 159374 [2007])
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(2) The court had jurisdiction to issue the process, render the judgment or make the order prior to the writ;
(3) Person restrained is charged with or convicted of an offense in the Philippines; and
(4) Person suffering imprisonment under lawful judgment. (Rule 102, Section 4)
Q: What is the remedy in case Petition for Writ of Habeas Corpus is denied?
A: The petitioner should file an ordinary appeal from the judgment of any court in habeas corpus cases within
48 hours from notice of judgment appealed from in compliance with A.M. No. 01-1-03-SC amending Rule 41,
Section 3. Recourse to the Supreme Court via a petition for certiorari from the decision of the CA dismissing his
petition for a writ of habeas corpus is inappropriate. (Caballes v. CA, G.R. No. 163108, February 23, 2005)
Q: What must accompany the allegations so that a Writ of Amparo may issued?
A: For a writ of amparo to be issued, allegations and proof that the persons subject thereof are missing must be
accompanied by the evidence that the disappearance was carried out by the state or political organizations.
(Buising v. Pardico, G.R. No. 184467, June 19, 2012)
Q: Will the remedy of Amparo lie if the issue involved in the case is child custody and exercise of parental
rights over the child?
A: No. The privilege of the writ of amparo is a remedy available to victims of extrajudicial killings and enforced
disappearances or threats of a similar nature, regardless of whether the perpetrator of the unlawful act or
omission is a public official or employee or a private individual. It is envisioned basically to protect and
guarantee the right to life, liberty and security of persons, free from fears and threats that vitiate the quality of
life (Caram v. Segui, 2014)
Q: What is the remedy in case of denial or grant of Petition for a Writ of Amparo?
A: Any part may appeal from the final judgment or order to the Supreme Court through a petition for review
(Rule 45) within 5 working days from the date of notice of judgment. (A.M. No. 07-9-12-SC, Section 19)
When a criminal action and a separate civil action are filed subsequent to a petition for a writ of amparo, the
latter shall be consolidated with the criminal action.
After consolidation, the procedure in the amparo case shall continue to apply to the disposition of the reliefs in
the petition. (A.M. No. 07-9-12-SC, Section 23)
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Q: Is complete detail of violation of victim’s rights not required in the petition for writ of amparo?
A: No. To require to elaborately specify the names, personal circumstances, and addresses of the investigating
authority, as well as the manner and conduct of the investigation is an overly strict interpretation of Section 5(d)
of the Rules of Writ of Amparo. Under these circumstances, the Supreme Court was more than satisfied that the
allegations of the petition on the investigations undertaken are sufficiently complete for purposes of bringing
the petition forward. (Razon v. Tagitis, G.R. No. 182498, December 3, 2009)
Q: What are the interim reliefs available to the petitioner and respondent?
A: Upon filing of the petition or at any time before final judgment, the court, justice or judge may grant any of
the following reliefs:
(1) Temporary Protection Order – upon motion or motu proprio, may order that the petitioner or the
aggrieved party and any member of the immediate family be protected in a government agency or by
an accredited person or private institution capable of keeping and securing their safety.
(2) Inspection Order — upon verified motion and after hearing, may order any person in possession or
control of a designated land or other property, to permit entry for the purpose of inspecting, measuring,
surveying, or photographing the property or any relevant object or operation thereon.
(3) Production Order – upon verified motion and after hearing, may order any person in possession,
custody or control of any designated documents, papers, books, accounts, letters, photographs, objects
or tangible things, or objects in digitized or electronic form, which constitute or contain evidence
relevant to the petition or the return, to produce and permit their inspection, copying or photographing
by or on behalf of the movant.
(4) Witness Protection Order – upon motion or motu proprio, may refer the witnesses to the Department
of Justice for admission to the Witness Protection, Security and Benefit Program, pursuant to RA 6981
(A.M. No. 07-9-12-SC, Section 14)
It is an independent and summary remedy designed to protect the image, privacy, honor, information, and
freedom of information of an individual, and to provide a forum to enforce one’s right to the truth and to
informational privacy. It seeks to protect a person’s right to control information regarding oneself, particularly
in instances in which such information is being collected through unlawful means in order to achieve unlawful
ends. (Vivares vs. St Theresa's College, 2014)
Q: What is the indispensable requirement in availing of the remedy of Writ of Habeas Data?
A: An indispensable requirement before the privilege of the writ may be extended is the showing, at least by
substantial evidence, of an actual or threatened violation of the right to privacy in life, liberty or security of the
victim (Roxas v. Macapagal-Arroyo, 2010).
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Q: Distinguish between peremptory writ from preliminary citation.
Preliminary citation Peremptory writ
If the person is detained under governmental If the cause of the detention appears to be patently
authority and the illegality of his detention is not illegal, the court issues the habeas corpus writ,
patent from the petition for the writ, the court issues noncompliance with which is punishable
the citation to the government officer having custody
to show cause why the habeas corpus writ should not
issue
Q: Who is an Absentee?
A: One who disappears from his domicile and his whereabouts are unknown without an agent to administer his
property or the power of agent has expired. (Rule 107, Section 1)
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Q: When to declare absence?
In case of disappearance without any news After a lapse of 2 years
In case the absentee left a person in charge of the
After a lapse of 5 years
administration of his property
Q: What is the nature of proceedings for Cancellation or Correction of entries in civil registrar?
A: Proceedings under Rule 108 of the Rules of Court, which has now been interpreted to be adversarial in nature.
(2005 Bar)
Q: What are the entries subject to cancellation or correction under Rule 108, in relation to R.A. No. 9048?
A: (Rule 108 Sec. 2)
(1) Birth;
(2) Marriage;
(3) Death;
(4) Legal separation;
(5) Annulment of marriage;
(6) Marriages void from the beginning;
(7) Legitimations;
(8) Adoption;
(9) Acknowledgment of natural children;
(10) Naturalization;
(11) Election;
(12) Loss or recovery of citizenship;
(13) Civil interdiction;
(14) Judicial determination of filiation;
(15) Voluntary emancipation of minor;
(16) Change of name.
Q: What is the essential requisite that you must comply with for the purpose of establishing jurisdictional
facts before the court can hear the petition?
A: It is essential to prove the foreign judgment as a fact under section 24 and 25 of Rule 132, in relation to Section
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48 (b) Rule 39. (Fujiki v. Marinay, G.B. No. 196049, June 26, 2013)
CRIMINAL PROCEDURE
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irrespective of kind, nature, value, or amount thereof (Sec. 32(2),
B.P. 129)
(3) Offenses involving damage to property through criminal
negligence (Sec. 32(2), BP 129)
(4) Violations of traffic laws, rules, or regulations;
(5) Violations of rental law;
(6) Cases where the penalty prescribed by law for the offense charged
is imprisonment not exceeding six (6) months, or a fine not
Cases under Revised Rules on exceeding P1,000, or both, irrespective of other imposable
Summary Procedure penalties, accessory or otherwise, or of the civil liability arising
therefrom;
(7) Offenses involving damage to property through criminal
negligence where the imposable fine does not exceed P10,000;
(8) Violations of B.P. 22 (A.M. 00-11-01-SC, 2003);
(9) Application for bail in criminal cases in the absence of all RTC
Special jurisdiction
judges in a province or city. (Sec. 35, B.P. 129)
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of the sangguniang panlalawigan, and provincial
treasurers, assessors, engineers, and other
provincial department heads;
• City mayors, vice-mayors, members of the
sangguniang panlungsod, city treasurer, assessors,
engineers and other city department heads;
• Officials of the diplomatic service occupying the
position of consul and higher;
• Philippine army and air force colonels, naval
captains and all officers of higher rank;
• PNP while occupying the position of provincial
director and senior superintendents or higher;
• City and provincial prosecutors and their
assistants, and officials and prosecutors in the
Office of the Ombudsman and special
prosecutor;
• Presidents, directors or trustees, or managers of
GOCCs, state universities or educational
institutions or foundations;
b. Members of Congress and officials thereof classified as
Grade “27” and up;
c. Members of the Judiciary;
d. Chairmen and members of Constitutional Commissions;
e. All other national and local officials classified as Grade
“27” and higher;
(2) Other offenses or felonies whether simple or complexed with
other crimes committed by those mentioned in (a) in relation to
their office;
(3) Civil and criminal cases filed pursuant to and in connection with
Executive Orders 1, 2, 14 and 14-A;
(4) Petitions for the issuance of the writs of mandamus, prohibition,
certiorari, habeas corpus, injunction, and other ancillary writs and
processes in aid of its appellate jurisdiction and over petitions of
similar nature, provided that jurisdiction over these petitions
shall not be exclusive of the SC;
Exclusive appellate (5) Final judgment, resolutions or orders of the RTC whether in the
jurisdiction exercise of its original or appellate jurisdiction;
(6) Private individuals who are charged as co-principals, accomplices
or accessories with the public officers or employees shall be tried
Exclusive jurisdiction
jointly in the proper courts which exercise exclusive jurisdiction
over them.
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(9) Where the charges are manifestly false and motivated by vengeance;
(10) Where there is no prima facie case against the accused and a motion to quash on that ground has been
denied;
(11) Where preliminary injunction has been issued by the SC to prevent the threatened unlawful arrest of
petitioner.
Note: The criminal action for damages in cases of written defamations shall be filed with the RTC of the province
or city where the libelous article is printed and first published or where any of the offended parties actually
resides at the time of the commission of the offense. (Art. 360, RPC; Boto v. Villena, 2013)
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(6) The place where the offense was committed. (Sec. 6, Rule 110, ROC)
Q: Explain the rules on the amendment and substitution of the complaint or information.
Amendment Substitution
It may be made:
(1) Before plea, with or without
leave of court; or
(2) After plea, with leave of court.
It may be made at any time before
An amendment is effected without leave
judgment where it appears that a mistake
When made of court when it involves formal or
has been made in charging the proper
substantial changes. It is effected with
offense.
leave of court when the amendment:
(1) Downgrades the nature of the
offense charged; or
(2) Excludes any accused from the
complaint or information.
It is acquired by:
(1) A warrant of arrest;
(2) Voluntary appearance,
How acquired It is conferred by law. submission to the court or consent
of the accused; or
(3) Failure to object to the court’s
jurisdiction
General Rule: An objection that the court An objection can be made through a
has no jurisdiction over the subject special appearance to question the
matter may be raised or considered motu jurisdiction of the court over the person of
How objected to
proprio at any stage of the proceedings or the accused. If he fails to make a timely
on appeal. objection, he will be deemed to have
waived the same.
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Exception: A party may be estopped from
questioning the jurisdiction of the court
for reasons of public policy when he
initially invokes the court’s jurisdiction
and then later on repudiates the same.
(Tijam v. Sibonghanoy, 23 SCRA 29)
Note: The jurisdiction of a court over the criminal case is determined by the allegations in the complaint or
information. However, if the evidence adduced during the trial show that the offense was committed somewhere
else, the court should dismiss the action for want of jurisdiction. (Navaja v. Judge De Castro, 2015)
Note: The criminal action for violation of B.P. Blg. 22 shall be deemed to include the corresponding civil action.
No reservation to file such civil action separately shall be allowed or recognized. (SC Circular No. 57-97)
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A: The rule provides that there is a primacy of criminal action over civil action. As a general rule, the civil action
is suspended when:
(1) After the filing of the criminal action, the civil action which has been reserved cannot be instituted until
final judgment has been rendered in the criminal action;
(2) If the civil action is instituted before the filing of the criminal action and the criminal action is
subsequently commenced, the pending civil action shall be suspended until final judgment in the
criminal action has been rendered, as long as no judgment on the merits has yet been entered in the civil
action.
Note: It is the issue in the civil action that is prejudicial to the continuation of the criminal action, not the criminal
action that is prejudicial to the civil action. (Yap v. Paras, 1992)
Q: What are the instances in which a prejudicial question may not be invoked?
A: A prejudicial question cannot be invoked in the following instances:
(1) When both cases are criminal;
(2) When both are civil;
(3) When both cases are administrative;
(4) When one case is administrative and the other civil; or
(5) When one case is administrative and the other criminal.
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(2) To secure the innocent against hasty, malicious, and oppressive prosecutions, and to protect him from
an open and public accusation of crime, from the trouble, expense, and anxiety of a public trial, and also
to protect the State from useless and expensive trials (Sausi v. Querubin, 1975).
(3) To preserve the evidence and keep the witnesses within the control of the State; and
(4) To determine the amount of bail, if the offense is bailable (Callo-Claridad v. Esteban, 2013).
Q: What are the rules on the review of the resolution of the investigating officer?
A: The following rules or procedure shall apply:
(1) Within five (5) days from the issuance of the resolution, the record of the case shall be forwarded to the
Chief State Prosecutor, Regional State Prosecutor, Provincial/City Prosecutor, or to the Ombudsman or
his deputy. (Sec. 4, Rule 112, ROC)
(2) Within ten (10) days from receipt of the resolution, the Chief State Prosecutor, Regional State Prosecutor,
Provincial/City Prosecutor, or the Ombudsman or his deputy may reverse or affirm the resolution and
shall immediately inform the parties of such action. (Sec. 4, Rule 112, ROC)
(3) Where the investigating prosecutor recommends the dismissal, but his recommendation is disapproved
by the Chief State Prosecutor, Regional State Prosecutor, Provincial/City Prosecutor, or the
Ombudsman or his deputy on the ground that probable cause exists, the latter may:
a. File the information himself; or
b. Direct another assistant prosecutor or state prosecutor to do so without conducting another
preliminary investigation. (Sec. 4, Rule 112, ROC)
(4) Within fifteen (15) days from receipt of the assailed resolution, the aggrieved party may file a motion
for reconsideration. (Sec. 3, NPS Rule on Appeal)
(5) Within fifteen (15) days from denial of the motion for reconsideration, the aggrieved party may appeal
to the Secretary of Justice. (Sec. 1, NPS Rule on Appeal)
(6) The appeal before the Secretary of Justice shall not hold or prevent the filing of the corresponding
information in court, unless the Secretary of Justice directs otherwise. However, the appellant and
prosecutor may hold in abeyance the proceedings in court pending resolution of the appeal. (Sec. 9, NPS
Rule on Appeal)
(7) The proper party, upon motion, may ask for the suspension of the arraignment if the petition for review
of the resolution of the prosecutor is still pending. (Sec. 11(c), Rule 116, ROC)
(8) The resolution of the Secretary of Justice may be assailed by a petition for certiorari under Rule 65 before
the CA on the ground of grave abuse of discretion amounting to lack or excess of jurisdiction, and not a
petition for review under Rule 43. (Salapudin v. CA, 2013)
Q: What are the remedies of the accused if there was no preliminary investigation?
A: The accused may:
(1) Question the regularity or absence of a preliminary investigation before he enters his plea;
(2) Insist on a preliminary investigation;
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(3) File a motion for reinvestigation or motion to remand the case to the office of the prosecutor to conduct
a preliminary investigation;
(4) File a motion for judicial determination of probable cause;
(5) If preliminary investigation is refused, file a petition for certiorari (Sec. 7(2) and (3), Rule 112, ROC);
(6) Raise lack of preliminary investigation as error on appeal; or
(7) File for prohibition.
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Note: Personal examination is not mandatory and indispensable in the determination of probable cause for the
issuance of a warrant of arrest. What the law requires as personal determination on the part of the judge is that
he should not rely solely on the report of the investigating prosecutor. If the report, taken together with the
supporting evidence, is sufficient to sustain a finding of probable cause, it is not compulsory that a personal
examination of the complainant and his witnesses be conducted. The necessity thereof arises only when there is
an utter failure of the evidence to show the existence of probable cause. (AAA v. Judge Carbonell, 2007)
As an exception, bail is not a matter of right if the accused is charged with a capital offense, or an offense
punishable by reclusion perpetua or life imprisonment, and the evidence of his guilt is strong. (Sec. 7, Rule 114,
ROC)
Note: Minors shall be entitled to bail as a matter of right regardless of whether the evidence of guilt is strong.
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(2) The judge shall fix a reasonable amount of bail considering primarily, but not limited to, the following
factors:
a. Financial ability of the accused to give bail;
b. Nature and circumstances of the offense;
c. Penalty for the offense charged;
d. Character and reputation of the accused;
e. Age and health of the accused;
f. Weight of the evidence against the accused;
g. Probability of the accused appearing at the trial;
h. Forfeiture of other bail;
i. The fact that the accused was a fugitive from justice when arrested; and
j. Pendency of other cases where the accused is on bail.
Q: Is an application for bail a bar to objections in illegal arrest, or lack of or irregular preliminary
investigation?
A: No. An application for or admission to bail shall not bar the accused from challenging the validity of his arrest
or the legality of the warrant issued therefor, or from assailing the regularity or questioning the absence of a
preliminary investigation of the charge against him, provided that he raises them before entering his plea. The
court shall resolve the matter as early as practicable, but not later than the start of the trial of the case. (Sec. 26,
Rule 114, ROC)
Q: What is the effect of a hold departure order and a watch list order to a person on bail?
A: The accused may be prevented from leaving the country during the pendency of his case. If the accused
released on bail attempts to depart from the Philippines without the permission of the court where his case is
pending, he may be re-arrested without warrant. (Sec. 23, Rule 113, ROC)
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(1) Before the court where the complaint or information has been filed or assigned for trial (Sec. 1(a), Rule
116, ROC);
(2) In open court, by the judge or clerk by furnishing accused a copy of the complaint or information with
the list of witnesses, reading it in a language or dialect known to him and asking him of his plea (Sec.
1(a), Rule 116, ROC);
(3) The accused must be present at the arraignment and must personally enter his plea (Sec. 1(b), Rule 116,
ROC);
(4) The arraignment and plea shall be made of record, but failure to do so shall not affect the validity of the
proceedings (Sec. 1(b), Rule 116, ROC).
Note: If the accused withdraws his plea and pleads guilty to a lesser offense at the pre-trial, the Court should
allow the withdrawal of the earlier plea and arraign the accused for the lesser offense and render judgment
without need of an amendment of the complaint or information (Sec. 2, Rule 116, ROC). However, the Court still
has to receive evidence on the civil liability which is impliedly instituted with the criminal action before it renders
a judgment. (Heirs of Cevero v. Guihing Agricultural Development Corp., 2006; Sec. 1, Rule 111, ROC)
Q: What must the court do when the accused pleads guilty to a capital offense?
A: When the accused pleads guilty to a capital offense, the court shall:
(1) Conduct a searching inquiry to ascertain the voluntariness of the plea and whether the accused has full
comprehension of the consequences of his plea;
(2) Require the prosecution to prove the guilt and precise degree of culpability of the accused; and
(3) Ask the accused if he desires to present evidencein his behalf and allow him to do so if he desires. (Sec.
3, Rule 116, ROC)
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Animo Notes
certainty that he will serve such sentence;
(5) Inquire if the accused knows the crime with which he is charged and fully explain to him the elements
of the crime which is the basis of his indictment;
(6) All questions posed to the accused should be in a language known and understood by the latter.
(7) The trial judge must satisfy himself that the accused, in pleading guilty, is truly guilty. The accused must
be required to narrate the tragedy or reenact the crime or furnish its missing details. (People v. Pastor,
2002)
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another complaint or information cannot be filed when the ground relied upon for sustaining the motion is
either:
(1) The extinction of the criminal liability; or
(2) Double jeopardy.
Reinstatement must be done before the lapse of the said period, otherwise, any action for reinstatement of the
case shall be time-barred (time-bar rule), if the requisites for provisional dismissal are complied with in filing the
motion.
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(1) Plea bargaining;
(2) Stipulation of facts;
(3) Marking for identification of evidence;
(4) Waiver of objections to admissibility of evidence;
(5) Modification of the order of trial if the accused admits the charge but interposes a lawful defense; and
(6) Such other matters as will promote fair and expeditious trial of the civil and criminal aspects of the case.
(Sec. 1, Rule 118, ROC)
Q: What should the court do when the prosecution and the offended party agree to the plea offered by the
accused (plea bargaining)?
A: The Court shall:
(1) Issue an order which contains the plea bargaining arrived at;
(2) Proceed to receive evidence on the civil aspect of the case; and
(3) Render and promulgate judgment of conviction, including the civil liability or damages duly established
by the evidence. (A.M. 03-1-09-SC)
Failure to reduce the pre-trial agreement into writing shall make the admissions contained therein inadmissible
in evidence. It is essential to reduce the stipulation into writing in order to bind the parties for these become
judicial admissions. (2008 Bar)
The pre-trial order shall bind the parties, limit the trial to matters not disposed of and control the course of the
action during trial, unless modified by the court to prevent manifest injustice. (I-B(10), A.M. 03-1-09-SC)
Q: What is the rule on the referral of some cases for court annexed mediation and judicial dispute resolution?
A: After the arraignment, the court shall forthwith set the pre-trial conference within thirty (30) days from the
date of arraignment, and issue an order:
(1) Requiring the private offended party to appear thereat for purposes of plea bargaining except for
violations of the Comprehensive Dangerous Drugs Act of 2002, and for other matters requiring his
presence;
(2) Referring the case to the Branch COC, if warranted, for a preliminary conference to be set at least three
days prior to the pretrial to mark the documents or exhibits to be presented by the parties and copies
thereof to be attached to the records after comparison and to consider other matters as may aid in its
prompt disposition; and
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(3) Informing the parties that no evidence shall be allowed to be presented and offered during the trial other
than those identified and marked during the pre-trial except when allowed by the court for good cause
shown. In mediatable cases, the judge shall refer the parties and their counsel to the PMC unit for
purposes of mediation if available (AM No. 03-1-09-SC).
Q: What are the instances when the presence of the accused is required during trial?
A: The presence of the accused is required in the following instances:
(1) At arraignment and plea, whether of innocence or guilt;
(2) During trial, whenever necessary for identification purposes; and
(3) At the promulgation of sentence, unless it is for a light offense, in which case, the accused may appear
by counsel or representative (People v. De Grano, 2009).
Q: What are the requisites before trial can be suspended on account of the absence of a witness?
A: For the trial to be suspended on account of the absence of a witness, the following requisites must concur:
(1) The essential witness is absent or unavailable;
(2) The witness must be an essential witness. (Casilan v. Gancatco, 1958)
Note: The accused may waive his presence at the trial pursuant to the stipulations set forth in his bail, except
when his presence is specifically ordered by the court for purposes of identification.
Q: What is the remedy when the accused is not brought to trial within the prescribed period?
A: If an accused is not brought to trial within the prescribed period, he may move to have the information
dismissed on the ground of having been denied a speedy trial. However, he has the burden of proving the
ground for his motion, and the prosecutor shall have the burden of going forward with the evidence to establish
that the delay belongs to the exclusion of time mentioned in Section 3, Rule 119 of the Rules of Court. (2007 Bar)
Q: What are the requisites for the discharge of an accused to become a state witness?
A: The requisites are as follows:
(1) Two or more persons are jointly charged with the commission of any offense;
(2) The prosecution files a motion to discharge one or more, but not all, of the accused to be discharged;
(3) The accused consent to be a state witness;
(4) The prosecution files the motion before resting its case;
(5) The prosecution presents evidence and the sworn statement of each proposed state witness at a hearing
in support of the discharge; and
(6) The court is satisfied that the following conditions are met:
a. There is absolute necessity for the testimony of the accused whose discharge is requested;
b. There is no other direct evidence other than the testimony of the accused;
c. The testimony can be substantially corroborated in its material points;
d. The accused sought to be discharged does not appear to be the most guilty; and
e. He has not at any time been convicted of any offense involving moral turpitude. (Sec. 17, Rule
119, ROC)
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b. The discharge of the accused shall amount to an acquittal and shall be a bar to another
prosecution for the same offense, except if the accused fails or refuses to testify against his co-
accused in accordance with his sworn statement constituting the basis for his discharge. (Sec.
18, Rule 119, ROC)
c. Where an accused becomes a state witness on the promise of immunity, but later retracts and
fails to keep his part of the agreement, his confession of his participation in the commission of
the crime is admissible as evidence against him.
(2) If the motion is denied:
a. The accused’s sworn statement shall be inadmissible in evidence. (Sec. 17, Rule 119, ROC)
b. The proposed state witness shall be prosecuted like his co-accused.
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a. Principal; the civil liability might arise did not exist. (Sec. 2,
b. Accomplice; or Rule 120, ROC)
c. Accessory.
(4) The penalty imposed upon the accused;
(5) The civil liability or damages caused by his
wrongful act or omission, if any, unless the
enforcement of the civil liability by a separate civil
action has been reserved or waived. (Sec. 2, Rule
120, ROC)
If the judgment is for conviction, and the failure of the accused to appear was without justifiable cause, the latter
shall:
(1) Lose the remedies available in the Rules of Court against the judgment; and
(2) The court shall order his arrest. (Pascua v. Court of Appeals, 2000)
If the accused surrenders within fifteen (15) days from promulgation of judgment, he may file a motion for leave
of court to avail of his remedies. He shall state the reasons for his absence and, if he proves his absence was for
a justifiable cause, he shall be allowed to avail of the remedies within fifteen (15) days from notice. (Sec. 6, Rule
120, ROC)
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(2) Errors of fact in the judgment, which also requires no further proceedings. (Sec. 3, Rule 121, ROC)
Q: What are the requisites before a new trial may be granted on the ground of newly-discovered evidence?
A: The following requisites must be present:
(1) The evidence must have been discovered after the trial;
(2) It could not have been previously discovered and produced at the trial even with the exercise of
reasonable diligence;
(3) It is a new and material evidence, and not merely cumulative, corroborative or impeaching; and
(4) If introduced and admitted, it would probably change the judgment. (Sec. 2, Rule 121, ROC)
The effect of the granting of a new trial is to set aside said judgment so that the case may be tried de novo as if
no trial had been done before. An order granting a new trial rendered in criminal cases is interlocutory but is
controllable by certiorari or prohibition at the instance of the prosecution.
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(4) Dismissal due to the mistake of TC ruling that it had no jurisdiction (People vs. Duran, 1960).
(5) Appeal by People to correct an imposable penalty ruled by the RTC or to include in a judgment a penalty
erroneously omitted is improper.
Q: What is the rule on the particularity of the place or person to be searched and the items to be seized?
A: The general rule is that the person to be arrested or te property to be seized must be described particularly,
otherwise, it will be considered as a general search warrant which is not allowed. In such instances, the search
and seizure of the items in the implementation of the general warrant shall be illegal and the items seized shall
be inadmissible in evidence (Sec. 2, Art. III, 1987 Constitution).
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Q: What is the rule on personal property to be seized?
A: The property subject of a search warrant shall only be limited to personal property and not real property. The
following are the kinds of property to be seized by virtue of a warrant:
a. Personal property subject of the offense;
b. Personal property stolen or embezzled and other proceeds or fruits of the offense;
c. Personal property used or intended to be used as a means of committing an offense. (Sec. 3, Rule 126,
ROC)
Note: The rule does not require that the property to be seized should be owned by the person against whom the
search warrant is directed. It may or may not be owned by him, it being sufficient that the person aginst whom
the warrant is directed has control and possession of the property sought to be seized. (Yao v. People, 2007)
Note: These exceptions are not exclusive or conclusive. At times, without the benefit of hindsight and ordinarily
on the spur of the moment, the officer must decide whether or not to make an unannounced intrusion into the
premises. Law enforcement interest may also establish the reasonableness of an unannounced entry.
Where the civil action arising from a criminal offense is suspended by the filing of the criminal action, the court
wherein said civil case is pending can issue the aforesaid auxiliary writs since such orders do not involve a
determination of the merits of the case
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Q: What are the kinds of provisional remedies?
A: The kinds of provisional remedies under the Rules of Court are the following:
(1) Attachment;
(2) Preliminary injunction;
(3) Receivership;
(4) Replevin; and
(5) Support pendent lite.
EVIDENCE
Q: Concept of Evidence.
A: Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth
respecting a matter of fact. (Sec. 1, Rule 128, Revised Rules on Evidence)
NOTE: Rules on evidence do not apply to administrative or quasi-judicial proceedings. Administrative bodies
are not bound by the technical niceties of the rules obtaining in the court of law. (El Greco Ship v. Commissioner of
Customs, 2008)
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NOTE: Any evidence obtained in violation of Section 3 (Privacy of Communication or Correspondence) and
Section 4 (Right against Unreasonable Searches and Seizures) of Article III of the Constitution shall be
Inadmissible for any purpose in any proceeding. (Sec. 3 (2), Art. III, 1987 Constitution)
The burden of proof lies with the party who asserts his/her right. In a counterclaim, the burden of proving the
existence of the claim lies with the defendant by the quantum of evidence required by law. (Ogawa v. Menigisbi,
2012)
NOTE: A presumption affects the burden of proof that is normally lodged in the State. The effect is to create the
need of presenting evidence to overcome the prima facie case that shall prevail in the absence of proof to the
contrary. As such, a presumption of law is material during the actual trial of the criminal case where in the
establishment thereof the party against whom the inference is made should adduce evidence to rebut the
presumption and demolish the prima facie case. This is not so in a preliminary investigation, where the
investigating prosecutor only determines the existence of a prima facie case that warrants the prosecution of a
criminal case in court. (METROBANK v. Tobias, 2012)
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A: Courts may take judicial notice on:
(1) Matters which are of public knowledge,
(2) Matters which are capable of unquestionable demonstration, or
(3) Matters which ought to be known to judges because of their judicial functions. (Sec. 2, Rule 129, Revised
Rules on Evidence)
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It includes digitally signed documents and any print-out or output, readable by sight or other means, which
accurately reflects the electronic data message or electronic document. For purposes of these Rules, the term
"electronic document" may be used interchangeably with "electronic data message." (Sec. 1(b), Rule 2. A.M. No.
01 -7-01 -SC)
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Q: When may secondary evidence be introduced?
A: Secondary evidence may be introduced in the following instances:
(1) Original has been lost or destroyed, or can’t be produced in court, without bad faith on the offeror’s
part;
(2) Original is in the custody or under the control of the party against whom it is offered, and the latter fails
to produce it after reasonable notice
(3) Original consists of numerous accounts or other documents which can’t be examined in court without
great loss of time, and the fact sought to be established from them is only the general result of the whole;
and
(4) Original is a public record in the custody of a public officer or is recorded in a public office.
Q: Distinguish between the Best Evidence Rule and the Parole Evidence Rule.
Parol Evidence Rule Best Evidence Rule
No issue as to the contents of a writing Issue is as to contents of a writing
Parol evidence is offered Secondary evidence is offered
Presupposes that original is available Applies when the original is not available
Cannot present any evidence on the contents other than
Cannot add, subtract, or explain the contents
the original
Invoked only if the controversy is between parties to Invoked by anybody, whether a party to the instrument
the agreement or not
Applies only to agreements and wills Applies to all kinds of writing
Q: What is authentication?
A: It is the process of proving the due execution and genuineness of a document. It is needed only in private
documents offered as evidence. Public documents enjoy the presumption of regularity.
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Evidence even against 3rd persons, of the Binds only the parties who executed it or
As to persons
fact which gave rise to its due execution and their privies, insofar as due execution and
bound
to the date of the latter. date of the document concerned.
Religious or political belief, interest in the outcome of the case, or conviction of a crime unless otherwise provided
by law, shall not be a ground for disqualification.
(Sec. 20, Rule 130, Revised Rules on Evidence)
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By Reason of Mental
By Reason of Death or By Reason of Privileged
Incapacity or By Reason of Marriage
Insanity of Adverse Communications (Sec.
Immaturity (Sec. 21, (Sec. 22, Rule 130, Rules
Party (Sec. 23, Rule 30, 24, Rule 130, Rules on
Rule 130, Rules on on Evidence)
Rules on Evidence) Evidence)
Evidence)
Requisites:
The witness offered for
examination is a party,
or a person in whose
behalf a case is
Mental Incapacity
prosecuted;
Those whose mental General Rule
condition, at the time of During their marriage,
The case is against the
their production for neither the husband nor
executor or
examination, is such that the wife may testify for
administrator or other
they are incapable of or against the other
representative of a 1. Husband and wife
intelligently making without the consent of
deceased or of unsound 2. Attorney and client
known their perception the affected spouse.
mind; 3. Physician and patient
to others.
4. Priest and penitent
Exceptions
The case is upon a claim 5. Public Officers
Immaturity In a civil case by one
or demand against the 6. Parental and filial
Children whose mental against the other; or in a
estate of such person privilege
maturity is such as to criminal case for a crime
who is deceased or of
render them incapable of committed by one
unsound mind;
perceiving the facts against the other or the
respecting which they latter’s direct
The testimony to be
are examined and of descendants.
given is on a matter of
relating them truthfully.
fact occurring before the
death of such deceased
person or before such
person became of
unsound mind.
When the victim's testimony is straightforward, convincing, and consistent with human nature and the normal
course of things, unflawed by any material or significant inconsistency, it passes the test of credibility, and the
accused may be convicted solely on the basis thereof. Inconsistencies in the victim's testimony do not impair her
credibility, especially if the inconsistencies refer to trivial matters that do not alter the essential fact of the
commission of rape. The trial court's assessment of the witnesses' credibility is given great weight and is even
conclusive and binding. (Medina v. People, 2014)
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Q: What is the scope and applicability of a Judicial Affidavit?
A: All actions, proceedings, and incidents requiring the reception of evidence before:
(1) The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, the
Municipal Circuit Trial Courts, and the Shari a Circuit Courts but shall not apply to small claims cases
under A.M. 08-8-7-SC;
(2) The Regional Trial Courts and the Shari'a District Courts;
(3) The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals, and the Shari'a Appellate Courts;
(4) The investigating officers and bodies authorized by the Supreme Court to receive evidence, including
the Integrated Bar of the Philippine (IBP); and
(5) The special courts and quasi-judicial bodies. (Sec. 1(a), A.M. No. 12-8-8-SC)
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Q: How is an examination of witness for the prosecution done?
A: Examination of the witness for the prosecution shall be conducted in the same manner as an examination at
the trial, in the presence of the accused, or in his absence after reasonable notice to attend the examination has
been served on him. (Sec. 15, Rule 119, Revised Rules on Evidence)
NOTE: Failure or refusal of the accused to attend the examination after notice shall be considered a waiver. The
statement taken may be admitted in behalf of or against the accused. (Ibid.)
A witness for the prosecution may be conditionally examined when it satisfactorily appears that a witness for the
prosecution is:
(1) too sick or infirm to appear at the trial as directed by the order of the court, or
(2) has to leave the Philippines with no definite date of returning.
NOTE: The conditional examination is conducted before the court where the case is pending.
Q: What is the order in the examination of an individual witness (Sec.4, Rule 132, Rules on Evidence)
A: The order in the examination of an individual witness are the following:
(1) Direct examination – is the examination-in-chief of a witness by the party presenting him on
the facts relevant to the issue.
(2) Cross examination – done by the adverse party after the termination of the direct examination
of the witness of the other party either to discredit the witness, his/her terstimony, clarify certain
matters and/or elicit admission from witnesses.
(3) Re-direct examination – done after the cross-examination of the witness has been concluded
to explain or supplement his answers given during cross-examination.
(4) Re-cross examination – done after the conclusion of the re-direct examination to re-cross examine
the matters stated in his/her re-direct examination and on such other matters may be allowed by the court in its
discretion.
(5) Recalling the witness – done after the examination of a witness by both sides has been
concluded with leave of court.
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As an exception, misleading questions can be allowed when the same is waived or when such questions are
directed to an expert witness.
Q: What are the Exceptions to the first branch of Res Inter Alios Acta?
A: The Exceptions to the first branch of the Res Inter Alios Acta Rule, including their requisites, are the following:
(1) Admission by co-partner or agent (Sec. 29, Rule 130, Revised Rules on Evidence);
a. The act or declaration was made by a partner or agent of the party within the scope of his
authority;
b. It was made during the existence of the partnership or agency;
c. The partnership or agency is shown evidence other than such act or declaration.
(2) Admission by conspirator (Sec. 30, Ride 130, Revised Rides on Evidence);
a. The act or declaration of a conspirator must relate to the conspiracy;
b. It was made during the existence of the conspiracy;
c. The conspiracy is shown by evidence other than such act of declaration.
(3) Admission by privies (Sec. 31, Rule 130, Revised Rules on Evidence);
a. The act or declaration was made by the predecessor-in-interest, from whom the party derives
title to a property (relation of privity);
b. The act, declaration, or omission of the -predecessor-in-interest was made while the party is
holding the title;
c. The act or declaration is in relation to the property.
(4) Admission by silence (People v. Paragsa, 1978)
a. Party heard and understood the statement;
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b. He was at liberty to interpose a denial;
c. The statement was in respect to some matter affecting his rights or in which he was then
interested, and calling, naturally, for an answer;
d. The facts were within his knowledge; and
e. The fact admitted or the inference to be drawn from his silence would be material to the issue.
Q: Define confession.
A: Confession is the declaration of an accused acknowledging his guilt of the offense charged, or of any offense
necessarily included therein, may be given in evidence against him. (Sec. 33, Rule 130, Revised Roles on Evidence)
An extrajudicial confession is binding only on the confessant, is not admissible against his or her co-accused and
is considered as hearsay against them. (Tamargo v. Awingan, 2010)
While a judicial confession by the accused may sustain a conviction, an extrajudicial confession is not sufficient
for conviction. The rule requires that the confession be corroborated by evidence of corpus delicti. (Sec. 3, Rule
133, Revised Rules on Evidence; People v. Robles, 2000)
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(7) Entries in the course of business (Sec. 43, Rule 130, Rules on Evidence)
(8) Entries in official records (Sec. 44, Rule 130, Rules on Evidence)
a. Entries in official records made in the performance of the duty of a public officer or in the
performance of duty specially enjoined by law, are prima facie evidence of the facts therein
stated. (Dimaguila v. Monteiro., 2014)
(9) Commercial lists and the like (Sec. 45, Rule 130, Rules on Evidence)
(10) Learned treaties (Sec. 46, Rule 130, Rules on Evidence)
(11) Testimony or deposition at a former proceeding (Sec. 47, Rule 130, Rules on Evidence)
NOTE: Independent relevant statement is a statement not prohibited by the hearsay rule if it is merely offered
for proving the fact that the statement was made (United States v. Zenni, 492 F Supp. 464 (1980))
Exception:
(1) In a summary proceeding because it is a proceeding where there is no full-blown trial;
(2) Documents judicially admitted or taken judicial notice of;
(3) Documents, affidavits, and depositions used in rendering a summary judgment;
(4) Documents or affidavits used in deciding quasi-judicial or administrative cases (Bantolino v. Coca Cola
Bottlers, 2003); and
(5) Lost objects previously marked, identified, described in the record, and testified to by witness who had
been subjects of cross- examination in respect to said objects (Tabuena v. CA, 1991)
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The offer must be made at the time the witness is called to testify. Documentary and object evidence shall be
offered after the presentation of a party's testimonial evidence. Such offer shall be done orally unless allowed by
the court to be done in writing, (Sec. 35, Rule 132, Revised Rules on Evidence)
If an exhibit sought to be presented in evidence is rejected, the party producing it should ask the courts
permission to have the exhibit attached to the record. Any evidence that a party desires to submit for the
consideration of [a higher] court must be formally offered by him otherwise it is excluded and rejected and
cannot even be taken cognizance of on appeal. (Catacutan v. People, 2011)
SPECIAL RULES
Q: What are the prohibited pleadings and motions under the Revised Rules on Summary Procedure?
A: The following are prohibited:
(1) Motion to dismiss the complaint or to quash the complaint or information except on the ground
of lack of jurisdiction over the subject matter or failure to comply with the requirement of
Barangay Conciliation Proceedings under P.D. 1508;
(2) Motion for Bill of Particulars;
(3) Motion for New Trial or for Reconsideration of a judgment or for reopening of trial;
(4) Petition for Relief from Judgment
(5) Motion for extension of time to file pleadings, affidavits or any other paper;
(6) Memoranda
(7) Petition for certiorari, mandamus or prohibition against any interlocutory order issued by the
court;
(8) Motion to declare defendant in default;
(9) Dilatory motions for postponement;
(10) Reply;
(11) Third-party complaints;
(12) Interventions. (Rules on Summary Proceedings, Rule IV, Sec. 19)
Q: What are the prohibited pleadings and motions under the Rules of Procedure of Small Claims Cases?
A: The following are prohibited:
(1) Motion to dismiss the Statement of Claims
(2) Motion for Bill of Particulars
(3) Motion for New Trial or for Reconsideration of a judgment or for reopening of trial;
(4) Petition for Relief from Judgment
(5) Motion for extension of time to file pleadings, affidavits or any other paper;
(6) Memoranda
(7) Petition for certiorari, mandamus or prohibition against any interlocutory order issued by the
court;
(8) Motion to declare defendant in default;
(9) Dilatory motions for postponement;
(10) Reply and rejoinder
(11) Third-party complaints;
(12) Interventions. (2016 Revised Rules of Procedure for Small Claims Cases, Sec. 16)
Q: What are the prohitibited pleadings and motions under the Rules of Procedure for Environmental Cases?
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A: The following are prohibited:
(1) Motion to dismiss the complaint;
(2) Motion for a Bill of Particulars;
(3) Motion for extension of time to file pleadings, except to file answer, the extension not to exceed
fifteen (15) days;
(4) Motion to declare defendant in default;
(5) Reply and rejoinder; and
(6) Third-party complaint. (Rules of Procedure for Environmental Cases, Rule 2 Sec. 2)
Q: What is SLAPP?
A: SLAPP stands for Strategic Lawsuit Against Public Participation. It refers to a legal action, whether civil,
criminal or administrative, brought against any person, institution or any government agency or local
government unit or its officials and employees, with the intent to harass, vex, exert undue pressure or stifle any
legal recourse that such person, institution or government agency has taken or may take in the enforcement of
environmental laws, protection of the environment or assertion of environmental rights.
Optimism is the faith that leads to achievement. Nothing can be done without hope and confidence.
- Helen Keller
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