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CIVIL PROCEDURE
INTRODUCTION
WHEN NEW RULES TOOK EFFECT. Rule 144.
These rules shall take effect on January
1, 1964.
However, the amended rules on civil
procedure took effect on July 1, 1997.
The Supreme Court has the inherent power to
suspend or to exempt a particular case from the
operation of said rules whenever the interest of
justice so requires. (Republic vs. CA, 107 SCRA
504)
SUBSTANTIVE LAW
creates, defines and
regulates rights
makes vested rights
possible
prospective application
cannot be made by
the Supreme Court
JURISDICTION
the authority to hear
and determine a case
matter of substantive
law
fixed by law and
cannot be conferred by
the parties
cannot be waived
except jurisdiction over
the person
establishes a relation
between the court and
the subject matter
limitation on the
plaintiff
deals w/ substance
REMEDIAL LAW
provides for the
manner in which said
right may be enforced,
protected or redressed
no vested rights
retroactive: governs
acts and transactions
which took place
SC is expressly
empowered to
promulgate procedural
rules
VENUE
the place or
geographic location
where the case is to be
heard or tried / deals
with locality
matter of procedural
law
may be conferred or
agreed upon by the
parties
waivable
establishes a relation
between the plaintiff
and the defendant
limitation on the court
deals w/ convenience
RULE 1
GENERAL PROVISIONS
Section 1. Title of the Rules.
1
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
a right possessed by
one against another
directed
against the
thing itself
judgment is
binding on the
whole world
ex. Land
registration
case; probate
proceedings
for allowance
of a will.
governed by special
rules (Rules 62 to 71),
i.e., Interpleader (62),
etc,
ACTION IN
PERSONAM
directed
against
particular
persons
judgment is
binding only
upon parties
impleaded or
their
successors in
interest
ex. action to
recover
damages;
action for
breach of
contract
ACTION
QUASI IN
REM
directed
against
particular
persons
judgment
binding upon
particular
persons, but
the real
motive is to
deal with real
property or to
subject said
property to
certain
claims.
ex. unlawful
detainer or
forcible
entry; judicial
foreclosure
of mortgage.
(c)
REAL
ACTION
ownership or
possession
of real
property is
involved
founded on
privity of
ex. accion
publiciana
with a claim
for damages
LOCAL ACTION
TRANSITORY
ACTION
must be brought in a
particular place, in the
absence of an
agreement to the
contrary
ex. Action to recover
real property
generally, must be
brought where the
party resides
regardless of where the
cause of action arose
ex. action to recover
sum of money
CLASSIFICATION OF ACTIONS.
(a)
ORDINARY CIVIL
SPECIAL CIVIL
ACTION
ACTION
(b)
ACTION IN
REM
contract
ex. action for
a sum of
money
(d)
CLAIM
governed by ordinary
rules
estate
ex. Accion
reinvidicatoria
PERSONAL
ACTION
personal
property is
sought to be
recovered or
where
damages for
breach of
contract are
sought
founded on
privity of
MIXED
ACTION
both real and
personal
properties are
involved
founded on
both
Section 6. Construction.
General Rule: Liberal construction .
Exceptions: a. reglementary periods
b. rule on forum shopping
RULE 2
CAUSE OF ACTION
Section 2. Cause of Action, defined.
Cause of action involves:
(a) right in favor of the plaintiff;
(b) with an obligation on the part of the
defendant to respect that right; and
(c) the act or omission of defendant which
violates that right.
CAUSE OF ACTION
RIGHT OF ACTION
2
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RELIEF
REMEDY
SUBJECT
MATTER
the redress,
protection,
award or
coercive
measure
which the
plaintiff prays
the court to
render in his
favor as a
consequence
of the delict
committed by
the defendant.
the procedure
or type of
action which
may be
availed of by
the plaintiff as
the means to
obtain the
desired relief
the thing,
wrongful act,
contract or
property
which is
directly
involved in the
action,
concerning
which the
wrong has
been done
and with
respect to
which the
controversy
has arisen.
RULE 3
PARTIES TO CIVIL ACTIONS
Section 1. Who may be parties; plaintiff
and defendant.
PLAINTIFFS- Those having an interest in the
subject matter of the action or in obtaining the
relief demanded.
DEFENDANTS:
(a) persons who claim an interest in the
controversy or the subject thereof adverse
to the plaintiff; or
(b) who are necessary to a complete
determination or settlement of the
questions involved therein; or
(c) all those who ordinarily should be joined as
plaintiffs but who do not consent thereto,
the reason therefore being stated in the
complaint.
ISOLATED JURISDICTION RULE -only foreign
corporations and not just any business
organization or entity can avail themselves of
the privilege of suing before Philippine courts
even without a license ( Comm. of Customs vs.
KMK 182 SCRA 591)
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Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
Section
parties.
6.
Permissive
joinder
of
NECESSARY
PARTIES
the action can proceed
even in the absence of
some necessary
parties
the case may be
determined in court but
the judgment therein
will not resolve the
entire controversy if a
necessary party is not
joined
they are those whose
presence is necessary
to adjudicate the whole
controversy but whose
interests are so far
separable that a final
decree can be made in
their absence without
affecting them
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
Permissive Joinder of
Parties
There
are
multiple
causes
of
action
separately belonging to
several persons.
Section
incapacity.
18.
Incompetence
or
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Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 4
VENUE OF ACTIONS
Section 1. Venue of real actions.
Section 2. Venue of personal actions.
VENUE the place where an action must be
instituted and tried.
Subject to the rules on jurisdiction, VENUE
may be the subject of a valid agreement if the
agreement states that the case can only or
exclusively be filed in the place agreed upon.
Otherwise the same becomes optional.
Requisites for venue to be exclusive:
(a) A valid written agreement
RULE:
JURISDICTION
6
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
3.procedural
4.may be changed by the
written agreement of the
parties
Court summons
defendant
Within 10 days
from receipt of
summon,
defendant
answers, may be
compulsory
counterclaim or
crossclaim, and
serves a copy on
plaintiff
Defendant
fails
to
answer in 10 days court,
motu propio or on
plaintiffs motion, may
render judgment based
on facts alleged in the
complaint w/o prejudice
to R9 S3(c)
Answer
to
counterclaim and
cross-claim within
10 days
Preliminary
conference within
30 days after last
answer is filed
Within 5 days
after conference,
court issues order
of record of the
preliminary
conference
Within 10 days
from receipt of
order, submission
by
parties
of
affidavits
and
position papers
Rendition
of
No trial date is set. No testimonial evidence is
judgment within
30 days after
required nor cross-examination of witnesses
7 receipt of last
affidavit,Law
or Memory
within Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
Remedial
15 days after
JONATHAN
SEE, last
EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo
(Criminal
Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
clarificatory
paper
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
MOTION
An application for an
order not included in the
judgment
Section 3. Complaint.
COMPLAINT is a concise statement of the
ultimate facts constituting the plaintiffs cause or
causes of action, with a specification of the relief
sought, but it may add a general prayer for such
further relief as may be deemed just or
equitable.
ULTIMATE FACTS - essential facts constituting
the plaintiffs cause of action.
Section 6. Counterclaim
Section 7. Compulsory Counterclaim
COUNTERCLAIM a new suit in which the
party named as the defendant is the plaintiff and
the plaintiff becomes the defendant.; a crosspetition.
RULES ON COUNTERCLAIM
A counterclaim before the MTC must be within
the jurisdiction of said court, both as to the
amount and nature thereof (De Chua vs. IAC).
In an original action before the RTC, the
counterclaim may be considered compulsory
regardless of the amount (Sec. 7, Rule 6 )
If a counterclaim is filed in the MTC in excess
of its jurisdictional amount, the excess is
considered waived (Agustin vs. Bacalan). In
Calo vs. Ajax Intl, the remedy where a
counterclaim is beyond the jurisdiction of the
MTC is to set off the claims and file a separate
action to collect the balance.
Section 8. Cross-claim
Permissive Cross-claim
1.outside the jurisdiction of the court, or
2.the court cannot acquire jurisdiction over the
parties whose presence is necessary for the
adjudication of said cross-claim
CLASSIFICATIONS:
COMPULSORY
COUNTERCLAIM
PERMISSIVE
COUNTERCLAIM
CROSS-CLAIM
filed against a co-party
8
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
THIRD-PARTY
COMPLAINT
brings into the action
a third person who was
not originally a party.
initiative is with the
person already a party
to the action.
CROSS-CLAIM
claim by a party
against a co-party.
Cross-defendant is a
co-party.
PARTS OF A PLEADING
Section 3. Signature and address.
The signature of the counsel is a certification
that:
(a) There is good ground to support the
pleading
(b) It is not interposed for delay
If he deliberately:
(a) Files an unsigned pleading, or
(b) Signs it even if it be without ground or
only to delay, or
(c) Alleges
scandalous
or
indecent
material, or
(d) Fails to report a change of address,
he shall be subject to disciplinary action.
Section 4. Verification.
same
RULE 8
MANNER OF MAKING ALLEGATIONS
IN A PLEADING
COMPLAINT IN
INTERVENTION
RULE 7
Section 4. Capacity.
9
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 9
EFFECT OF FAILURE
TO PLEAD
Section 1.
not pleaded.
Motion granted:
court issues order of
default and
renders
judgment, or
require plaintiff to submit
evidence ex parte
Motion denied:
Defendant
allowed to file
an answer
Defendant
answers and
case is set for
pre-trial
CAUSES OF DEFAULT
(a) Failure to answer within the proper period
(b) Rule 12, Section 4
(c) Rule 29, Section 3, par. C
Case set
for pre11trial.
COURT
MAINTAINS
ORDER OF
DEFAULT
Presentation
of
plaintiffs
evidence ex
parte
REMEDIES AVAILABLE TO A
DEFAULTING PARTY. (FLOW CHART)
order of
default
motion to set aside the
order of default at any
time after discovery
thereof and before
judgment
Plaintiff
Plaintiff fails
proves his
to prove his
allegations,
allegations,
Remedial Law Memory
Aid Committee:
VERONICA
LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
judgment
by
case is
JONATHAN SEE, EDP;
HEADS: Rhouandismissed
Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
default
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
Judgment by default
of said motion
failure to
appeal
entry thereof
Annulment of judgment
under Rule 47
RULE 10
AMENDED AND SUPPLEMENTAL
PLEADINGS
Section 1. Amendments in general.
not allowed:
1. when cause of action, defense or theory of
the case is changed;
2. amendment is intended to confer jurisdiction
to the court;
3. amendment to cure a premature or nonexisting cause of action;
4. amendment for purposes of delay
SUPPLEMENTAL
PLEADING
refers to facts arising
after the filing of the
original pleading.
taken together with the
original pleading.
always with leave of
court
12
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 11
WHEN TO FILE RESPONSIVE
PLEADINGS
RULE 12
BILL OF PARTICULARS
Section 1. When applied for; purpose.
Section
complaint.
3.
Answer
to
amended
13
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 13
FILING AND SERVICE OF
PLEADINGS, JUDGMENTS AND
OTHER PAPERS
Section 1. Coverage.
Section 2. Filing and service defined.
1. personal service
(a) Delivering personally a copy to the party or his
counsel or;
(b) Leaving a copy in counsels office with his clerk
or with a person having charge thereof or;
(c) Leaving the copy between 8 a.m. and 6 p.m. at
the partys or counsels residence, if known,
with a person of sufficient age and discretion
residing therein---if no person found in his
office, or if his office is unknown, or if he has
no office.
2. service by mail
(a) If no registry service is available in the locality,
of either sender or addressee, service may be
done by ordinary mail.
3. substituted service
(a) Delivering the copy to the clerk of court
(b) With proof of failure of both personal and
service by mail.
14
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 14
SUMMONS
Section 1. Clerk to issue summons.
Section 2. Contents.
B.
SERVICE
UPON
MINORS
AND
INCOMPETENTS
D. SERVICE
UPON
DOMESTIC
PRIVATE
JURIDICAL
ENTITY
E. SERVICE
UPON
FOREIGN
PRIVATE
JURIDICAL
ENTITY
F. SERVICE
UPON
(a)
(b)
(c)
(d)
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Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
G. EXTRATERRITORIAL SERVICE
1. Requisites
a. defendant does not reside or is
not found within the Phil.
b. the action either:
* affects the status of plaintiff;
*relates to or the subject of which is
property within the Philippines in
which defendant has a lien or
interest;
*demands a relief which consists
wholly or in part in excluding the
defendant from any interest in any
property within the Phil; or
*property of defendant has been
attached in the Phil.
2. Mode of service
a. with leave of court served
outside the Phil. by
personal service; or
b. with leave of court serve by
publication in a newspaper
of general circulation, in
which case copy of the
summons and order of
court must also be sent by
registered mail to the last
known address of
defendant; or
c. any other manner the
court deem sufficient.
H. SERVICE
UPON
RESIDENT
TEMPORARILY OUT
OF THE
PHIL
RULE 15
MOTIONS
Section 1. Motion defined.
MOTION is an application for relief other than
by a pleading.
16
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 16
MOTION TO DISMISS
Section 1. Grounds.
GROUNDS:
(a) No jurisdiction over the person of the
defending party
(b) No jurisdiction over the subject matter of the
claim
(c) Improper venue
(d) No legal capacity to sue
(e) Litis pendentia
(f) Res judicata
(g) Prescription
(h) States no cause of action
(i) Claim or demand has been paid, waived,
abandoned, or otherwise extinguished
(j) Claim is unenforceable under the Statute of
Frauds
(k) Non-compliance with a condition precedent
for filing claim
MOTION TO
DISMISS UNDER
RULE 16
grounded on
MOTION TO
DISMISS UNDER
RULE 33 (demurrer
to evidence)
preliminary objections.
may be filed by any
defending party
against whom a claim
is asserted in the
action.
should be filed within
the time for but prior to
the filing of the answer
of the defending party
to the pleading
asserting the claim
against him.
of evidence.
may be filed only by
the defendant against
the complaint of the
plaintiff.
may be filed only after
the plaintiff has
completed the
presentation of his
evidence.
Non-compliance
with
P.D.
1508
(Katarungang Pambarangay Law) only results
in lack of cause of action or prematurity.
based on insufficiency
17
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
Section 6. Pleading
affirmative defenses.
2.
certiorari
and
prohibition if there is
grave
abuse
of
discretion amounting
to lack or excess of
jurisdiction
as
REMEDY
1. appeal from the order
of dismissal
grounds
RULE 17
DISMISSAL OF ACTIONS
Section 1. Dismissal upon notice by
plaintiff.
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
complaint;
3. dismissal is without
prejudice to the right of
the
defendant
to
prosecute
hi
counterclaim
in
a
separate action unless
15 days from notice of
the motion he manifests
his intention to have his
counterclaim resolved in
the same action
SECTION 3
1.dismissal
is
not
procured
by
plaintiff
though
justified
by
causes imputable to him;
2.dismissal is a matter of
evidence, an adjudication
on the merits;
3. dismissal is without
prejudice to the right of
the
defendant
to
prosecute
his
counterclaim
on
the
same or separate action.
RULE 18
PRE-TRIAL
Section 1. When conducted.
PRE-TRIAL- a mandatory conference and
personal confrontation before the judge between
the parties litigant and their respective counsel,
called by the court after the last pleading has
been filed and before trial for the purposes
mentioned in Rule 18 Section 2.
Pre-trial is mandatory.
19
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
defendants are
already original
parties to the pending
suit
has an interest
therein, which in
whole or in part, is not
disputed by the other
parties to the action.
defendants are
being sued precisely
to implead them
RULE 19
INTERVENTION
RULE 21
SUBPOENA
an original action.
presupposes that
the plaintiff has no
interest in the subject
matter of the action or
SUBPOENA
an order to appear
and testify or to
produce books and
documents
may be served to a
non-party
needs tender of
kilometrage,
attendance fee and
reasonable cost of
production fee
SUMMONS
order to answer
complaint
served on the
defendant
does not need tender
of kilometrage and
other fees
20
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
Section 1. Depositions
action, when may be taken.
pending
RULE 23
DEPOSITIONS PENDING ACTION
Rules 23-28 provide for the DIFFERENT
MODES OF DISCOVERY.
DISCOVERY - is the procedure by which one
party in an action is enabled to obtain before trial
knowledge of relevant facts and of material
evidence in the possession of the adverse party
or of a witness.
is
not
21
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
USE
by any party for
contradicting or
impeaching the
testimony of deponent
as witness
by an adverse party
for any purpose
COMMISSION
LETTERS
ROGATORY
issued to a non-judicial
foreign officer who will
directly take the
testimony
issued to the
appropriate judicial
officer of the foreign
country who will direct
somebody in said
foreign country to take
down testimony
applicable rules of
procedure are those of
the foreign court
requested to act
resorted to if the
execution of the
commission is refused
in the foreign country
leave of court is
necessary
applicable rules of
procedure are those of
the requesting court
resorted to if
permission of the
foreign country is
given
leave of court is not
necessary
WHEN TO FILE:
bad faith
in such manner as unreasonably to annoy,
embarrass, or oppress the deponent or party
RULE 24
DEPOSITIONS BEFORE ACTION OR
PENDING APPEAL
22
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 25
INTERROGATORIES TO PARTIES
Section 1. Interrogatories to parties;
service thereof.
Interrogatories to
Parties under Rule 25
1. party only
2.no intervention. Written
interrogatories
are
directed to the party
himself
3. only one
interrogatories
set
of
4. 15 days to answer
unless
extended
or
reduced by the court
RULE 26
ADMISSION BY ADVERSE PARTY
Section 1. Request for admission.
23
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 27
PRODUCTION OR INSPECTION OF
DOCUMENTS OR THINGS
Section 1. Motion for production or
inspection; order.
SUBPOENA DUCES
TECUM
essentially a mode of
discovery
means of compelling
production
of
evidence
may be directed to a
person whether a
party or not
may be issued upon
an
ex
parte
application.
RULE 29
REFUSAL TO COMPLY WITH MODES
OF DISCOVERY
SANCTIONS:
1.
2.
3.
4.
RULE 28
PHYSICAL AND MENTAL
EXAMINATION OF PERSONS
Section 1. When examination may be
ordered.
5.
6.
Contempt;
Payment of reasonable fees;
The matters regarding which the questions
were asked, character or description of land
et al., be taken to be in accordance with the
claim of party obtaining the order;
Prohibiting the refusing party to produce
evidence or support or oppose designated
claims or defenses;
To strike out pleadings, order the dismissal
of the action or stay the action until
compliance or to render judgment by
default.
Order the arrest of the refusing party except
in cases of physical or mental examination.
RULE 30
TRIAL
Sec. 3 Requisites of motion to postpone
trial for absence of evidence.
There must be an affidavit showing:
(1) materiality or relevance of such evidence;
and
(2) due diligence in procuring it.
If the adverse party admits the facts for which
evidence is to be presented, the trial will not be
postponed.
24
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
Figure V.5
Plaintiff presents evidence
Defendant presents
evidence to support his
defense/counterclaim/c
ross-claim/third party
complaint
Third party
defendant
presents
evidence, if
any
Defendant files:
demurrer to
evidence
Court grants
motion:
renders
dismissal
Rebuttal evidence
by parties
Court
denies
motion,
continues
with hearing
After presentation
of evidence;
1.oral arguments;
2.submission of
memoranda
RULE 31
CONSOLIDATION OR SEVERANCE
DECISION
Section 1. Consolidation.
Section 6. Agreed
facts.
statements
of
25
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
plaintiffs evidence
insufficient, it will
grant the demurrer
by dismissing the
complaint.
The
judgment
of
dismissal
is
appealable by the
plaintiff. If plaintiff
appeals
and
judgment
is
reversed by the
appellate court, it
will decide the case
on the basis of the
plaintiffs evidence
with
the
consequence that
the
defendant
already loses his
right to present
evidence no res
judicata
in
dismissal due to
demurrer
RULE 32
TRIAL BY COMMISSIONER
Section 1. Reference by consent.
COMMISSIONER- a person to whom a cause
pending in court is referred, for him to take
testimony, hear the parties and report thereon to
the court, and upon whose report, if confirmed,
judgment is rendered.
RULE 33
DEMURRER TO EVIDENCE
Section 1. Demurrer to evidence.
DEMURRER TO
EVIDENCE
it is presented after
the plaintiff has rested
his case
the ground is based
on insufficiency of
evidence
2 Scenarios
MOTION DENIED
movant shall have the
right to present his
evidence
denial is
INTERLOCUTORY.
Sec. 1 , Rule 36 (that
judgment should state
clearly and distinctly
the facts and the law
on which it is based),
will not apply.
1.
2.
CIVIL CASES
defendant need not
ask for leave of
court;
MOTION TO
DISMISS
presented before a
responsive pleading
(answer) is made by
the defendant
it may be based on
any of those
enumerated in Rule
16
MOTION GRANTED
BUT REVERSED ON
APPEAL
movant is deemed to
have waived his right to
present evidence. The
decision of the
appellate court will be
based only on the
evidence of the plaintiff
as the defendant loses
his right to have the
case remanded for
reception of his
evidence.
order of the court is
an ADJUDICATION ON
THE MERITS, hence,
the requirement in Sec.
1, Rule 36 should be
complied with.
CRIMINAL CASES
1. leave of court is
necessary so that
the accused could
present
his
evidence
if
the
demurrer is denied
3. if the court finds the
3.
if court
demurrer,
defendant
present
evidence
denies
will
his
prosecutions
evidence
insufficient, it will
grant the demurrer
by
rendering
judgment acquitting
the
accused.
Judgment
of
acquittal
is
not
appeallable ;double
jeopardy sets-in
RULE 34
JUDGMENT ON THE PLEADINGS
Section 1. Judgment on the pleadings.
A judgment on the pleadings must be on
motion of the claimant. However, if at the pretrial the court finds that a judgment on the
pleadings is proper, it may render such judgment
motu proprio.
RULE 35
SUMMARY JUDGMENTS
SUMMARY
JUDGMENT
JUDGMENT
ON THE
PLEADINGS
JUDGMENT
BY
DEFAULT
(Rule 9)
based on the
pleadings,
depositions,
admissions
and affidavits
based solely
on the
pleadings.
based on
the complaint
and
evidence, if
presentation
is required.
26
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
generally
available only
to the plaintiff,
unless the
defendant
presents a
counterclaim.
there is
there is no
no genuine
issue or there is
issue between
an admission of
the parties, i.e. material
there may be
allegations.
issues but these
are irrelevant
10-day notice
required
May be
interlocutory or
on the merits
3-day notice
required
On the merits
available
to plaintiff.
no issues as
no answer is
filed by the
defending
party.
3-day notice
rule applies.
On the merits
RULE 36
JUDGMENTS, FINAL ORDERS AND
ENTRY THEREOF
Section 1. Rendition of judgments and
final orders.
PROMULGATION OF JUDGMENT
JUDGMENTfinal
consideration
and
determination by a court of the rights of the
parties, upon matters submitted to it in an action
or proceeding.
Judgment is the result, or the dispositive part of
the decision while the opinion gives the grounds
for the decision.
Losing Party
REQUISITES OF A JUDGMENT:
1. It should be in writing, personally and
directly prepared by the judge
2. Must state clearly and distinctly the facts
and the law on which it is based
3. It should contain a dispositive part and
should be signed by the judge and filed with
the clerk of court.
Accepts
decision without
further contest
If no appeal
is taken or
did not avail
of remedies,
judgment
becomes
final and
executory
PARTS OF A JUDGMENT:
1. Opinion of the court (findings of fact and
conclusions of law)
2. Disposition of the case (dispositive portion)
3. Signature of the judge
PROMULGATION- the process by which a
decision is published, officially announced, made
known to the public or delivered to the clerk of
court for filing, coupled with notice to the parties
or their counsel
MEMORANDUM DECISION- the judgment or
final resolution of the appellate court may adopt
by reference the findings of facts and
conclusions of law contained in the decision of
the trial court.
Court
maintains
decision
Court grants
motion:
1.modifies
decision; or
2.grants
new trial
27
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 37
NEW TRIAL OR RECONSIDERATION
Order denying
motion for new trial
MOTION FOR
RECONSIDERATION
REQUISITES
for
newly-discovered
evidence:
(a) Must have been discovered after trial
(b) Could not have been discovered and
produced at the trial
(c) If presented, would alter the result of the
action
Otherwise it is called forgotten evidence.
RULE 38
RELIEF FROM JUDGMENTS,
ORDERS, OR OTHER PROCEEDINGS
NEW TRIAL/
RECONSIDERATION
Must be filed within
the appeal period.
Judgment not yet
final.
RELIEF FROM
JUDGMENT
Judgment is final
within 60 days after
petitioner learns of the
judgment to be set
aside and within 6
months after such
judgment is entered.
28
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
More on equity
FAME
+
Newly
Discovered Evidence
Judgment on final order
FAME only
Relief from judgment/
order on other
proceeding
TWO HEARINGS:
(a) Hearing to determine whether the judgment
be set aside
(b) If yes, a hearing on the merits of the case
RULE 39
EXECUTION, SATISFACTION AND
EFFECT OF JUDGMENTS
EXECUTION OF JUDGMENT
Judgment is
executed by
motion within 5
years from date
of its entry
Execution
is
a
matter of right after
expiration of period
to appeal if no
appeal is perfected
Discretionary execution
upon good reasons
stated in a special
order after due hearing
1.
2.
3.
4.
5.
Section 3.
Execution.
Stay Of
Discretionary
29
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
INJUNCTION
RECEIVERSHIP
ACCOUNTING
SUPPORT
Such other judgments declared to
be immediately executory unless
otherwise ordered by the trial court
on
GARNISHMENT
refers to money,
stocks, credits and
other
incorporeal
property which belong
to judgment debtor but
is in the possession or
under the control of a
third person
30
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
31
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
32
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 40
APPEAL FROM MUNICIPAL TRIAL
COURTS TO THE REGIONAL TRIAL
COURTS
BAR BY FORMER
JUDGMENT
CONCLUSIVENESS
OF JUDGMENT
There is identity of
parties, subject matter
and causes of action
33
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
ORDINARY
APPEAL
Matter of right
Discretionary
No records are
elevated unless the
court decrees it
Filed with the CA
When to appeal:
1. notice of appeal: within 15 days after notice
of the judgment or final order
2. record of appeal: within 30 days after notice
of judgment or final order
When is record on appeal needed?
for special proceedings such as probate and
in such other cases where multiple appeals are
allowed as in partition and in expropriation
1.
2.
PETITION FOR
REVIEW
3.
4.
HOW TO APPEAL:
By Notice of Appeal:
file a notice of appeal with the trial court.
the notice of appeal must indicate:
(a) parties
(b) judgment or final order appealed from
(c) material date showing timeliness of
appeal
A copy served on the adverse party.
Payment in full of docket fees and other
lawful fees
If
uncontested,
judgment is
entered in the
book of
entriesAPPEAL - an
ORDINARY
appeal by notice of
appeal from a judgment or final order of a lower
court on questions of fact and law.
34
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
(a) Affirm, or
(b) Reverse, in which case, it shall remand the
case for further proceedings.
If dismissal is due to lack of jurisdiction over
the subject matter:
RTC may:
(a) Affirm; if RTC has jurisdiction, shall try the
case on the merits as if the case was
originally filed with it, or
(b) Reverse, in which case, it remand the case
for further proceedings.
If the case was tried on the merits by the
lower court without jurisdiction over the
subject matter:
RTC shall not dismiss the case if it has original
jurisdiction, but shall decide the case, and shall
admit amended pleadings or additional evidence
appeal
(appeal by writ
of error)
review
[Rule 42]
review on
certiorari
[Rule 45]
Case is decided
by the RTC in its
original
jurisdiction
Appealed to the
CA
Case is
decided by the
MTC.
Appealed to
the RTC.
Petition for
review with
the CA
File a verified
petition for
review with
the CA. Pay
the docket and
lawful fees,
and P 500 as
deposit for
costs with the
CA. Furnish
RTC and
adverse party
copy of such
(R 42).
The case
raises only a
question of
law
File a notice of
appeal or a
record on
appeal with the
court of origin
(RTC) and give
a copy to the
adverse party.
RULE 41
APPEAL FROM REGIONAL
TRIAL COURTS
Section 1. Subject of Appeal
What cannot be appealed? Clue: ( WE PAID)
1. WITHOUT PREJUDICE - Order dismissing
an action without prejudice
2. EXECUTION - Order of Execution
3. PENDING- Judgments or final orders for or
against one or more of several parties or in
separate claims while the main case is
pending
4. APPEAL-Orders disallowing or dismissing
an Appeal
5. INTERLOCUTORY orders
6. DENIALS-Orders denying P.M.S. (Petition for
relief, Motion for new trial or reconsideration
and motion to Set aside a judgment, by
consent, confession or compromise on the
ground of fraud, mistake, duress or any
ground vitiating consent.)
Petition for
Within 15 days
from the notice
of the judgment
for notice of
appeal and
within 30 days
for records on
appeal. The
period for filing
is interrupted by
a timely motion
for reconsideration or new trial.
Section 7.
appeal.
Within 15 from
notice of the
decision to be
reviewed or
from the
denial of a MR
or new trial.
File a verified
petition for
review on
certiorari with
the SC (R 45)
Pay docket
and lawful
fees and P
500 for costs.
Submit proof of
service of a
copy to the
lower court
and adverse
party.
Within 15
days from
notice of the
judgment or
order or
denial of the
MR or new
trial.
Approval of record on
Petition for
35
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 42
PETITION FOR REVIEW FROM THE
REGIONAL TRIAL COURTS TO THE
COURT OF APPEALS
Section 1. How appeal taken; time for
filing.
* PLEASE SEE FIGURE V.9
Section 3. Effect of failure to comply
with requirements
RULE 43
APPEALS FROM THE COURT OF TAX
APPEALS AND THE QUASI-JUDICIAL
AGENCIES TO THE CA
RULE 44
ORDINARY APPEALED CASES
Section 7. Appellants brief.
Section 8. Appellees brief.
Section 9. Appellants reply brief.
ordinary appeals
certiorari, prohibition,
mandamus, quo
warranto and habeas
corpus cases
within 30 days
shorter, briefer, only
one issue involved - no
subject index or
assignment of errors
just facts and law
applicable
RULE 45
APPEAL BY CERTIORARI TO THE
SUPREME COURT
RTC/ Sandiganbayan or CA
renders a decision
36
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
SC may:
dismiss the petition; or
require the appellee to
comment
If given due course, parties may
submit memoranda
SC may:
Affirm, reverse or modify
judgment of the lower court
QUESTIONS OF
FACT
doubt or difference
arises as to the truth
or falsehood of facts,
or as to probative
value of the evidence
presented
the determination
involves evaluation or
review of evidence
EXCEPTIONS to CONCLUSIVENESS OF
FACTS:
1. When the finding is grounded entirely on
speculations, surmise or conjecture;
2. When inference made is manifestly absurd,
mistaken or impossible;
3. When the judgment is premised on a
misrepresentation of facts;
4. When there is grave abuse of discretion in
the appreciation of facts;
5. When the findings of fact are conflicting;
6. When the CA in making its findings went
beyond the issues of the case and the same
is contrary to both the admissions of
appellants and appellees;
7. When the findings of fact of the CA are at
variance with those of the trail court, the SC
has to review the evidence in order to arrive
at the correct findings based on the record;
8. When the findings of fact are conclusions
without citation of specific evidence on
which they are based;
9. When the facts set forth in the petition as
well as in the petitioners main and reply
briefs are not disputed by the respondents;
10. The findings of fact of the CA is premised on
the supposed evidence and is contradicted
by the evidence on record;
11. When
certain
material
facts
and
circumstances have been overlooked by the
trial court which, if taken into account, would
alter the result of the case in that they would
entitle the accused to acquittal.
Certiorari under Rule 45 vs. certiorari under Rule
65 ( special civil action)
CERTIORARI
CERTIORARI
UNDER RULE 45
UNDER RULE 65
petition is based on
questions of law
It is a mode of appeal
involves the review of
the judgment award
or final order on the
merits
37
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
aggrieved party
against the lower
court or quasi-judicial
agency and the
prevailing parties
Motion for reconsideration
or for new trial is
required
If a motion for
reconsideration or new
trial is filed, the period
shall not only be
interrupted but another
60 days shall be given
to the petitioner ( SC
Admin. Matter 002-03 )
court exercises
original jurisdiction
RULE 46
ORIGINAL CASES
Section 1. Title of cases.
Section 2. To what actions applicable.
RULE 47
ANNULMENT OF JUDGMENTS OR
FINAL ORDERS AND RESOLUTIONS
Section. 1. Coverage.
38
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
of
RULE 48
PRELIMINARY CONFERENCE
Section 3. Binding effect
results of the conference.
the
or
oral
RULE 50
DISMISSAL OF APPEAL
Section 1. Grounds for dismissal of
appeal
RULE 49
ORAL ARGUMENT
Section 3. No
hearing
argument for motions.
RULE 51
JUDGMENT
39
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 52
MOTION FOR RECONSIDERATION
Distinctions :
INJUNCTION
1. directed against a
party in the action
2. does not involve
jurisdiction of the
court
RULE 53
NEW TRIAL
ORIGINAL CASES
PROVISIONAL REMEDIES
Distinctions :
REPLEVIN
PROHIBITION
1. Directed against a
court, tribunal or a
person exercising
judicial powers
2. Based on the round
that the court against
whom the writ is
sought had acted
without or in excess of
jurisdiction
3. Always the main
action
ATTACHMENT
1. Available even if
recovery of property is
only incidental to the
relief sought.
2. May be resorted to
even if the property is
in possession of a
third person.
3. Only extends to
personal property
capable of manual
delivery.
4. Cannot be availed
of when property is in
custodia legis
4. Can be availed of
even if property is in
custodia legis.
5. Available before
defendant answers
5. From
commencement but
before entry of
judgment
6. Fixed by the court
SPECIAL CIVIL
ACTIONS INITIATED
BY
PETITIONS
Interpleader
Expropriation
Foreclosure of Real
Estate Mortgage
Partition
Forcible Entry and
Unlawful Detainer
Declaratory Relief
Review of Adjudication
of the Comelec/COA
Certiorari, Prohibition,
Quo Warranto,
Mandamus
Contempt
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
VENUE
The venue of special civil actions is governed by
the general rules on venue, except when
otherwise indicated by a particular rule under the
rules on special civil action.(Rule 62-71)
Special civil actions are governed by the rules
on ordinary civil actions, subject to the specific
rules prescribed for a particular special civil
action. (Sec 3-a Rule 1)
RULE 62
INTERPLEADER
INTERPLEADER that special civil remedy
whereby a party against whom conflicting claims
are asserted and who claims no interest
whatsoever in whole or in part upon the same
subject matter, files an action to compel the
conflicting claimants to interplead and litigate
among themselves.
WHEN IS INTERPLEADER PROPER?
When a person has property in his possession
or an obligation to render and he has no claim
thereon or his interest is not disputed by the
claimants, he may come to court to have said
parties having conflicting claims to litigate
among themselves.
E.g. Warehouseman, with goods being claimed
by 2 or more persons
INTERPLEADER
1. an original action
INTERVENTION
1. ancillary action
2.
presupposes that
plaintiff
has
no
interest in the subject
matter of the action or
has interest therein in
whole or in part which
is not disputed by the
other parties
RULE 63
DECLARATORY RELIEF AND
SIMILAR REMEDIES
ORDINARY ACTION
1.writ of execution is
available
DECLARATORY
RELIEF
1. no writ of execution
2.there is breach or
violation of right
3. motion to dismiss
- Rule 16 and 17
2. no breach or violation
3. additional ground for
Motion to Dismiss
-Rule 63 Sec. 4
RULE 64
REVIEW OF JUDGMENTS AND
FINAL ORDERS OR RESOLUTIONS
OF THE COMELEC AND THE COA.
TIME FOR FILING OF PETITION
30 days from notice of judgment, if motion for
reconsideration is denied, must file within the
remaining period but not less than 5 days in any
event reckoned from notice of denial
MODE OF REVIEW
41
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 65
CERTIORARI, PROHIBITION AND
MANDAMUS
In a petition for certiorari, the court may order
dismissal of the complaint because it is part of
the incidental relief (Newsweek vs. IAC)
Can the Court of Appeals hear issues of
damages in certiorari proceedings?
YES. It is undisputable that courts have power to
try
and
decide
claims
for
damages
accompanying any of the types or kinds of cases
falling within their specified jurisdictions. (VitalGozon vs. CA 212 SCRA 235)
REQUISITES OF CERTIORARI:
1. there must be a controversy
2. the respondent is exercising judicial or quasijudicial functions
3. the respondents acted without or in excess of
its jurisdiction or acted with grave abuse of
discretion
4. there must be no other plain, speedy and
adequate remedy
REQUISITES OF PROHIBITION:
1. there must be a controversy
2. the respondent is exercising judicial, quasijudicial or ministerial functions
3. the respondents acted without or in excess of
its jurisdiction or acted with grave abuse of
discretion
4. there must be no other plain, speedy and
adequate remedy
REQUISITES OF MANDAMUS:
1. there must be a clear legal right or duty
2. the act to be performed must be practical
within the powers of the respondent to
perform such that if the writ of mandamus
was issued, he can comply with it, or else the
essence will be defeated
3. respondent must be exercising a ministerial
duty a duty which is absolute and
imperative and involves merely its execution
4. duty or act to be performed must be existing
a correlative right will be denied if not
performed by the respondents
5. no plain, speedy and adequate remedy in the
ordinary course of law
A writ of certiorari can never be issued by an
RTC against an administrative agency because
an administrative agency when exercising quasijudicial functions is considered as of the same
rank as the RTC. However, a writ a prohibition
may be issued by the RTC against
administrative agencies only when what is
42
Purpose
of
the
writ.
Act
sought
to
be
controlled.
CERTIORARI
Intended as
a corrective
remedy
annul and
modify
a
proceeding
Discretionary act
PROHIBITION
prevent the
commission
or carrying
out of an act
MANDAMUS
Intended
to compel
performance of an
act desired
Discretionary
and
ministerial
act
Ministerial
act
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
Exercising
judicial and
quasi-judicial
function
Judicial
and /or nonquasi judicial
function
Judicial
and
/or
non-quasi
judicial
function
RULE 66
QUO WARRANTO
Section 1. Action by Government against
Individuals
QUO WARRANTO a proceeding or writ issued
by the court to determine the right to use an
office, position or franchise and to oust the
person holding or exercising such office, position
or franchise if his right is unfounded or if a
person performed acts considered as grounds
for forfeiture of said exercise of position, office or
franchise. Quo warranto may also be used
when an association acts as a corporation within
the
Philippines
without
being
legally
incorporated or without lawful authority so to act.
In the case of a legally incorporated entity, the
quo warranto action is now governed by the
Corporation Code.
QUO WARRANTO
Designed to try the right
or title to the office, the
right to the office itself is
disputed
MANDAMUS
Applicable only in cases
where the right to the
office is NOT in dispute
- an electoral
proceeding under the
Omnibus Elections
QUO WARRANTO
UNDER RULE 66
- prerogative writ by w/c
the govt. can call upon
any person to show by
what title he holds a
public office or
exercises a public
franchise
- three grounds:
usurpation, forfeiture,
or illegal association
43
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 67
EXPROPRIATION
Section 1. The complaint.
All properties can be expropriated except:
1. Money
2. Choses in action
NATURE:
EXPROPRIATION is the procedure to be
observed in the exercise of the right of eminent
domain.
When is the expropriation proper?
1. When owner refuses to sell
2. When he agrees to sell but an agreement as
to price cannot be reached
EMINENT DOMAIN is the right of the State to
acquire private property for public use upon the
payment of just compensation.
Section
5.
compensation.
Ascertainment
of
Section 9. Uncertain
conflicting claims.
ownership;
WHEN
IS
TITLE
VESTED
IN
EXPROPRIATION:
If personal property, upon payment of just
compensation. (Sec. 10)
If real property, upon registration. (Sec. 13)
STAGES IN EXPROPRIATION
1. Determination of the authority of the plaintiff to
exercise the power of eminent domain and the
propriety of the exercise in the context of the
facts involved, and
2. Determination of JUST COMPENSATION.
of
just
JS = FMV+CD-CB
If CB>CD then, JS=FMV
Order of expropriation may be appealed by the
defendant by record on appeal. This is an
instance when multiple appeals are allowed.
WHEN MAY PLAINTIFF ENTER INTO
POSSESSION OF PROPERTY?
1. Upon filing of complaint, serving notice to
defendant and after depositing of assessed
value of property for taxation purposes with
authorized government depositary (Section 2)
2. Upon payment or tender of compensation
fixed by the judgment and payment of the
costs by plaintiff (Section10)
RULE 68
FORECLOSURE OF REAL ESTATE
MORTGAGE
PARTIES TO A JUDICIAL FORECLOSURE
1. mortgagee and mortgagor
2. successors in interest
3. junior encumbrancer/s
44
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 68
Need to confirm sale
DEFICIENCY
JUDGMENT
Action in Personam
- governed by Rule 68
EXTRAJUDICIAL
FORECLOSURE
No court intervention
necessary
Right of redemption
exists
Proper only when
provided for in the
contract
RIGHT OF
REDEMPTION
- right of the debtor, his
successor in interest or
any judicial creditor or
judgment creditor of
said debtor or any
person having a lien on
the property
subsequent to the
mortgage or deed of
trust under w/c the
property is sold to
redeem the property
w/in 1 year from the
registration of the
Sheriffs certificate of
foreclosure sale
- governed by Secs. 2931 of Rule 39
RULE 69
PARTITION
Section 1. Complaint in action for
partition of real estate.
45
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
If the whole
property is
assigned to
one of the
parties upon
his paying to
the others the
sum or sums
ordered by the
court
If the property
is sold and the
sale is
confirmed by
the court
CONTENTS
OF
JUDGMENT
The judgment
shall state
definitely, by
metes and
bounds and
adequate
description, the
particular
portion of the
estate
assigned to
each party
The judgment
shall state the
fact of such
payment and
the assignment
of the real
estate to the
party making
the payment
The judgment
shall state the
name of the
purchaser or
purchasers
and a definite
description of
the parcels of
real estate sold
to each
purchaser
FOR
EFFECT OF
JUDGMENT
To vest in each
party to the
act, in
severalty the
portion of the
estate
assigned to
him.
To vest in the
party making
the payment
the whole of
the real estate
free from any
interest on the
part of the
other parties to
the action
To vest the real
estate in the
purchaser or
purchasers
making the
payment/s,
free from the
claims of any
of the parties
to the action
RULE 70
FORCIBLE ENTRY AND UNLAWFUL
DETAINER
Section 1. Who
proceedings, and when.
may
institute
ACCION
INTERDICTAL
PUBLICIANA
summary
action for the
recovery of
physical
possession
where the
dispossession
has not lasted
for more than
one year.
ejectment
proceeding
under Rule
70; either
forcible entry
or unlawful
detainer
a plenary
action for the
recovery of
the real right
of possession
when the
dispossession
has lasted for
more than
one year.
All cases of
forcible entry
and unlawful
detainer
irrespective of
the amount of
damages
or
unpaid rentals
sought to be
recovered
should
be
brought to the
MTC.
RTC has
jurisdiction
if
the value of
the
property
exceeds
P20,000
outside Metro
Manila;
P50,000 within
Metro Manila,
MTC has
jurisdiction
if
the value of
the
property
does
not
exceed
P20,000
outside Metro
Manila;
P50,000 within
Metro Manila
REINVIDICATORIA
an action for
the recovery
of ownership,
w/c
necessarily
includes the
recovery of
possession.
RTC has
jurisdiction
if
the value of the
property
exceeds
P20,000
outside Metro
Manila;
P50,000 within
Metro Manila,
MTC has
jurisdiction
if
the value of the
property does
not
exceed
P20,000
outside Metro
Manila;
P50,000 within
Metro Manila
UNLAWFUL
DETAINER
possession is
inceptively lawful but it
becomes illegal by
reason of the
termination of his right
to the possession of
the property under his
contract w/ the plaintiff
demand is jurisdictional
if the ground is nonpayment of rentals or
failure to comply with
lease contract
the plaintiff need not
have been in prior
physical possession
ACCION
46
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
OR
RULE 71
CONTEMPT
DIRECT CONTEMPT
INDIRECT CONTEMPT
summary in nature
GROUNDS:
a) misbehavior in the
presence of or so
near a court as to
obstruct or interrupt
the proceedings.
b) Disrespect towards
the court.
c) Offensive
personalities towards
others.
d) Refusal to be sworn
or to answer as
witness or to
subscribe an affidavit
or deposition.
If committed against:
a. RTC fine not
exceeding P2, 000
or imprisonment not
exceeding (10) days
or both.
b. MTC fine not
exceeding P200 or
imprisonment not
exceeding (1) day, or
both.
47
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
REMEDIES
judgments:
to
challenge
2.
contempt
DIRECT CONTEMPT
The person adjudged in direct contempt may
avail himself of the remedies of certiorari or
prohibition. The execution of the judgment shall
be suspended pending resolution of the petition,
provided such person files a bond and
conditioned that he will abide by and perform the
judgment should the petition be decided against
him.
INDIRECT CONTEMPT
The person adjudged for indirect contempt may
appeal such judgment or final order to the
proper court as in criminal cases. The execution
of the judgment shall NOT be suspended until a
bond is filed by the person adjudged in
contempt.
The judgment against a person adjudged to be
in contempt is immediately executory and can
be stopped only by filing a bond.
SPECIAL PROCEEDINGS
SPECIAL PROCEEDINGS - A remedy by which
a party seeks to establish a status, a right or a
particular fact (Rule 1, Section 3)
JURISDICTION : Regional Trial Court
Exception: MTC can entertain
proceedings where:
Special
RULE 72
SUBJECT MATTER AND
APPLICABILITY OF GENERAL
RULES
NOW
EXCLUDED
IN
SPECIAL
PROCEEDINGS
1. Constitution of Family Home now covered
by the Family Code
RULE 73
VENUE AND PROCESS
Section 1. Where estate of deceased
persons settled.
2 Kinds of Settlement
A. EXTRAJUDICIAL SETTLEMENT
(Rule 74, Section 1)
B. JUDICIAL SETTLEMENT
proceedings instituted in the country
where decedent has his residence
a. intestate- letters of administration
b. testate-petition for probate
Venue on settlement proceedings:
1. If the decedent is an inhabitant of the
Philippines. RTC in province which he
resides at the time of death.
2. If decedent is an inhabitant of a foreign
country. RTC of any province in which he
had estate.
ORDINARY ACTION
to protect or enforce a
right or prevent or
redress a wrong
involves two or more
parties
governed by ordinary
rules supplemented by
special rules
heard by courts of
general jurisdiction
pleadings are required
SPECIAL
PROCEEDING
involves the
establishment of the
right, status or fact
may involve only one
party
governed by special
rules supplemented by
ordinary rules
heard by courts of
limited jurisdiction
petition or application
is sufficient
ISSUE OF OWNERSHIP
GENERAL RULE: Probate courts are of limited
jurisdiction and cannot determine issue of
ownership.
EXCEPTION:
1.
48
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 74
SUMMARY SETTLEMENT OF ESTATE
GENERAL RULE: If a person dies, his estate is
submitted to a judicial settlement proceeding.
However, there are EXCEPTIONS. The heirs
may resort to:
a. extrajudicial settlement of estate
b. summary settlement of estate
SUBSTANTIVE
PROCEDURAL
1.
2.
3.
4.
JUDUCIAL
SETLLEMENT
requires summary
judicial adjudication
gross estate must not
exceed P10T
allowed in both
testate and intestate
available even if there
49
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
resorted
at
the
instance
and
by
agreement of all heirs
6. amount of bond is
equal to the value of
personal property
RULE 75
PRODUCTION OF WILL ALLOWANCE
OF WILL NECESSARY
Section 1. Allowance
conclusive as to execution.
necessary,
RULE 76
ALLOWANCE OR DISALLOWANCE
OF WILL
PROBATE OR ALLOWANCE OF WILLS - act
of proving in a court a document purporting to be
the last will and testament of a deceased person
in order that it may be officially recognized,
registered and its provisions carried insofar as
they are in accordance with law.
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 77
ALLOWANCE OF WILL PROVED
OUTSIDE OF PHILIPPINES AND
ADMINISTRATION OF ESTATE
THEREUNDER
When may a will of an alien in a foreign
country produce effect in the Philippines?
If made with the formalities prescribed by the
law of the place in which he resides, or
according to the formalities observed in his
country, or in conformity with the formalities
prescribed by our Civil Code.
A will allowed probate in a foreign country,
must be re-probated in the Philippines. If the
decedent owns properties in different countries,
separate administration proceedings must be
had in said countries.
PRINCIPAL ADMINISTRATION or domicilliary
proceedings- the proceeding in his last domicile
ANCILLARY
ADMINISTRATIONthe
administration proceedings where he left his
estate.
What should be proved in reprobation?
The following need to be established:
1. due execution of the will in accordance with
foreign laws;
2.domicile of the testator in the foreign country
and not in the Philippines;
3.that the will has been admitted to probate in
such country;
4.that the foreign tribunal is a probate court;
5.the laws of a foreign country on procedure and
allowance of the will in accordance therewith
and in the absence of proof of foreign law,
processual presumption applies.
RULE 78
LETTERS TESTAMENTARY AND OF
ADMINISTRATION WHEN AND TO
WHOM ISSUED.
PEOPLE WHO CAN ADMINISTER THE
ESTATE:
1. Executor;
2. Administrator, regular or special (Rule 80);
and
3. Administrator with a will annexed (Rule 79,
Section 1)
EXECUTOR - The one appointed by the testator
in his will for the administration of his property
after his death.
ADMINISTRATOR - One appointed by the State
for the administration of the property of the
deceased in case the decedent failed to leave a
will, or if he failed to appoint one even if he left a
will, or executor named is not competent or
refuses the office.
51
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 79
OPPOSING ISSUANCE OF LETTERS
TESTAMENTARY PETITION AND
CONTENTS FOR LETTERS OF
ADMINISTRATION
Contents of a petition for letters of
administration:
a. jurisdictional facts;
b. name, age, residence of heirs and creditors;
c. probable value and character of the property
d. name of the person for whom letters is prayed
for
What is the main issue in an administration
proceeding?
Who is the person rightfully entitled to
administration.
RULE 80
SPECIAL ADMINISTRATOR
When may a probate court appoint a special
administrator?
a. delay in granting of letters including appeal in
the probate of the will.
b. executor is a claimant of the estate he
represents
c. executor or administrator becomes insane or
incapacitated
Powers and duties:
a. possession and charge of the properties
b. commence and maintains suit for the estate
c. sell perishable property
d. pay debt as ordered by the court
When does the power
administrator cease?
After the letters are granted.
of
special
RULE 81
BONDS OF EXECUTOR AND
ADMINISTRATOR
Section 1. Bond to be given before
issuance
of
letters.
Amounts.
Conditions.
Before an executor or administrator enters
upon execution of his trust, he shall give a bond
conditioned as follows:
1. make an inventory within three months
2. inventory of property which came to his
knowledge and possession
52
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
Section
4.
administrator.
Bond
of
special
RULE 82
REVOCATION OF ADMINISTRATION,
DEATH, RESIGNATION AND
REMOVAL OF EXECUTORS AND
ADMINISTRATORS
The discovery of a will does not ipso facto
nullify the letters of administration already issued
or the revocation thereof until the will has been
proved and allowed pursuant to Rule 82 Sec. 1.
(De Parreno vs. Aranzanso)
RULE 83
INVENTORY AND APPRAISAL
PROVISION FOR SUPPORT OF
FAMILY
Section 1. Inventory and appraisal to
be made within three months from the
grant of letters testamentary or of
administration
Approval of an inventory is not a conclusive
determination of what assets constituted the
decedents estate and of the valuation thereof.
Such determination is only provisional and a
prima facie finding of the issue of ownership.
RULE 84
GENERAL POWERS OF EXECUTORS
AND ADMINISTRATORS
Section 3. Executor and administrator
to retain whole estate to pay debts, and
to administer estate not willed.
POWERS
OF
EXECUTOR
/
ADMINISTRATOR OF THE ESTATE.
1. To have access to, and examine and take
copies of books and papers relating to the
partnership in case of a deceased partner;
2. Examine and make invoices of the property
belonging to the partnership in case of a
deceased partner;
3. Make improvements on the properties under
administration with the necessary court
approval except for necessary repairs;
To possess and manage the estate when
necessary:
53
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 85
ACCOUNTABILITY AND
COMPENSATION OF EXECUTORS
AND ADMINISTRATORS
Section 2. Not to profit by increase or
loss by decrease in value.
GENERAL RULE: The executor or administrator
is accountable for the whole estate of the
deceased.
EXCEPTION: He is not accountable for
properties which never came to his possession.
EXCEPTION TO THE EXCEPTION: When
through untruthfulness to the trust or his own
fault or for lack of necessary action, the executor
or administrator failed to recover part of the
estate which came to his knowledge.
Administrator or executor shall not profit by the
increase of the estate nor be liable for any
decrease which the estate, without his fault,
might have sustained.
Section
8.
When
executor
administrator to render account.
or
RULE 86
CLAIMS AGAINST ESTATE
Section 1. Notice to creditors to be
issued by court.
.
CLAIM - any debt or pecuniary demand
against the decedents estate
When may a court issue notices to creditors?
Immediately after granting letters testamentary
or of administration.
The object of the law in fixing the time within
which claims against the estate may be filed is
for the speedy settlement of the affairs of the
deceased person and early delivery of the
property of the estate into the hands of the
persons entitled to receive it.
Claims arising after his death cannot be
presented except for funeral expenses and
expenses of the last sickness of the decedent.
Claims for taxes due and assessed after the
death of the decedent need not be presented in
the form of a claim. The court in the exercise of
its administrative control over the executor or
administrator may direct him to pay such taxes.
And the heirs, even after distribution are liable
for such taxes.
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
Section 6.
decedent.
Solidary
obligation
of
estate.
REMEDIES OF THE CREDITOR:
1. Abandon security and prosecute his claim
against the estate and share in the same
general distribution of the assets of the
estate;
2. Foreclose by action in court making executor
or administrator a party defendant and if
there is judgment for deficiency, he may file a
claim against the estate.
3. Rely solely on his mortgage and foreclose the
name at anytime within the period of the
statute of limitation but he cannot be admitted
as creditor and shall not receive in the
distribution of the other assets of the estate;
These remedies are alternative, the availment of
one bars the availment of other remedies.
RULE 87
ACTIONS BY AND AGAINST
EXECUTORS AND ADMINISTRATORS
Section 1. Actions which may or may
not be brought against executor and
administrator
Section 2. Executor and administrator
may bring and defend actions which
survive.
Actions which may be brought against executor
and administrators (not against the estate):
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
(tortuous acts)
1-3 are actions that survive the decedent
55
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
1.
2.
Section
9.
Property
fraudulently
conveyed by the deceased may be
recovered.
When
executed
or
administered must bring action.
This provision applies when there is a
deficiency of assets in the hands of the executor
or administrator for the payment of the debts
and expenses for administration for it is under
this circumstance that there may be
conveyances made by the deceased with intent
to defraud the creditor.
Requisites before action may be filed:
1. deficiency in assets
2. the conveyance made is void (when there are
badges of fraud)
3. subject of conveyance is liable for attachment
in lifetime of decedent.
RULE 88
PAYMENT OF THE DEBTS OF THE
ESTATE
Section 1. Debts paid in full if estate
sufficient.
If insolvent as in liabilities are more than the
assets, Sec.7 in relation to Art. 1059 and 2239
to 2251 of the Civil Code must apply. Use rule
on preference of creditors. If sufficient to satisfy
claims of a class.
RULE 89
SALES, MORTGAGE AND OTHER
ENCUMBRANCES OF THE
PROPERTY OF THE DECEASED
Section 1. Order of sale of personalty
The court may order the whole or part of the
personal estate to be sold if necessary:
1. to pay debts and expense of administration
2. to pay legacies
3. to cover expenses for the preservation of the
estate
56
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 90
DISTRIBUTION AND PARTITION OF
THE ESTATE
Section 1. When order for distribution
of residue made.
GENERAL RULE: order for distribution shall be
made AFTER payments of all debts, funeral
expenses,
expenses
for
administration,
allowance of widow and inheritance tax is
effected.
In these proceedings, the court shall:
1. collate
2. determine heirs
3. determine the share of each heir.
When is title vested? From finality of order of
distribution.
Only after partition is approved and not before,
the court may order the delivery to the heirs of
their respective shares except when the heir file
a bond conditioned to pay the debts.
An order which determines the distributive
shares of heirs is appealable. If not appealed, it
becomes final.
57
RULE 91
ESCHEATS
Section 1. When and by whom petition
filed.
2 INSTANCES of ESCHEATS:
1. where a person dies without a will or heir
leaving property in the Philippines (Section 1)
2. REVERSION
sale in violation of the constitution
3. Unclaimed Balance Act
it is commenced by petition not complaint.
Who files?
a. Solicitor General
b. Representative of the Solicitor General
Venue: RTC of the province in which the
deceased last resided
:In actions for unclaimed deposit, venue
is the place where money is deposited.
What is the basis of the states right to receive
property in escheat? Order of succession under
the Civil Code.
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 92
VENUE
Section
1.
proceedings.
Where
to
institute
Venue:
a. if resident RTC of the province where the
minor or incompetent resides
b. if non-resident RTC of the province where
the property or part thereof is situated
Section
2.
incompetent
Meaning
of
word
Incompetent includes:
1. those suffering from penalty of civil
interdiction
2. hospitalized lepers
3. prodigals
4. deaf and dumb who are unable to read and
write though they have lucid intervals.
5. persons not of unsound mind but by reason of
age, disease, weak mind and other similar
causes cannot take care of themselves or
manage their property.
Procedure:
a. filing of petition
b. court shall set the case for hearing
cause notices to be served to the persons
mentioned in the petition, including minor, if
14 years and above, this requirement is
jurisdictional
c. court shall receive evidence
d. declaration of the propriety of the petition
e. issue letters of guardianship
RULE 93
APPOINTMENT OF GUARDIANS
Section 1. Who may petition for
appointment of guardian for residents.
WHO MAY FILE THE PETITION FOR
APPOINTMENT OF GUARDIAN:
1. minor himself if 14 years old or over
2. any relative
3. any friend
4. or other person on behalf of minor or
incompetent
5. Philippines Director of Health in favor of
insane or leper
RULE 95
SELLING
AND
ENCUMBERING
PROPERTY OF WARD
Section 2. Petition of the guardian for
leave to sell or encumber estate.
Grounds for selling or encumbering estate
1.when income of estate is insufficient to
maintain ward and family or to maintain and
educate ward when a minor, or
2.when it appears that it is for the benefit of the
ward.
TEST: Is it necessary? If not, is it beneficial?
Requirements:
1. petition must be verified
2. notice must be given to the next of kin
58
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 96
GENERAL POWERS AND DUTIES
Section 1. To what guardianship shall
extend
Types of Guardianship
1. GENERAL GUARDIANSHIP both as to
person and property of minor
2. LIMITED GUARDIANSHIP only as to
property
Summary of duties and powers of guardians
1. custody of ward
2. payment of debts of the ward
3. bring and defend suits
4. sell or encumber estate
RULE 97
TERMINATION OF GUARDIANSHIP
In Guardianship proceedings the court has no
jurisdiction to determine the issue of ownership
since said court is a court of limited jurisdiction.
(Ciu vs. Piccio)
RULE 98
TRUSTEES
Section 1. Where trustee appointed.
A trustee may be necessary to carry into effect:
Parties beneficially
Grounds:
1. essential in the interest of petitioners
2. insanity
3. incapability of discharging trustee
4. unsuitability
Procedure:
1. file a petition
2. notice to trustee
3. hearing
RULE 99
ADOPTION AND CUSTODY OF
MINORS
- The provisions of the Rules of Court on
Adoption have been amended by the Domestic
Adoption Act of 1998 and the Intercountry
Adoption Act of 1995.
ADOPTION: Proceeding where by fiction of law
paternity of filiation is cleared.
WHAT DOES THE COURT DETERMINE IN
ADOPTION CASES?
1.capacity of the adopters
2.whether the adoption would be the best
interest of the child
ANY ALIEN
59
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
1. of legal age
2. in possession of full
civil capacity and
legal rights
3. of good moral
character
4. has not been
convicted of any
crime involving moral
turpitude
5. emotionally and
psychologically
capable of caring for
children
6. in a position to
support and care for
his/her children in
keeping with the
means of the family
7. at least sixteen (16)
years older than the
adoptee.
60
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
1.
RULE 100
RESCISSION AND REVOCATION OF
ADOPTION
Under the Domestic Adoption Act of 1998,
the adopter can no longer revoke the adoption,
RULE 102
HABEAS CORPUS
Section 1. To what habeas corpus
extends.
NB:
> show me or produce the body.
> the court is open 24 hours a day.
> can be issued and enforceable only in
the district it was issued.
Habeas corpus extends to:
1. cases of illegal confinement or detention by
which a person is deprived of his liberty
2. cases by which the rightful custody of the
person is withheld from the person entitled
thereto
NOTE: The restraint must be actual, effective
and material. The person need not actually be
confined as long as freedom of action is limited.
(Mancupa vs. Enrile; Villavicensio vs. Lucban;
Toyoto vs. Ramos.)
WRIT OF HABEAS CORPUS - a command
directed to the person detaining another,
requiring him to produce the body of the person
detained at a designated time and place, and to
produce and to show cause and to explain the
reason for detention.
- unconditional
order to produce the body of a person at the
time and place specified therein.
The privilege of writ is so sacred that,
according to our CONSTITUTION, it shall not be
suspended except in cases of invasion or
rebellion when public security requires it (Art. III
Sec. 15).
GROUNDS FOR RELIEF:
61
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
1.deprivation
of
any
fundamental
or
constitutional right
2. lack of jurisdiction of the court to impose the
sentence
3. excessive penalty
IMPT: Habeas Corpus can never be a substitute
for appeal.
NOTE: the person on bail is not entitled to
habeas corpus because his detention is legal
and technical.
Does voluntary restraint constitute habeas
corpus?
As a general rule, NO except when a person
restrained minor and the petitioner is the father
or mother or guardian or a person having
custody of the minor.
NOTE: Voluntariness is viewed from the point of
view of the person entitled to custody.
Preliminary Citation issued by the court to
show cause whether or not the writ should be
issued
RULE 103
CHANGE OF NAME
Section 1. Venue.
Person desiring to change his name shall present
petition to RTC of the province in which he resides.
62
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
TITLE
BODY
1. residency
2. name (official, aliases,
asked for)
3. cause of change
RULE 107
ABSENTEES
STAGES OF ABSENTEE
(1) 0 2 years
(2) 2 years to 7 years
LEGAL CONSEQUENCE
------- Petition for declaration
of absence may be filed
- considered dead for all
intents and purposes
except for the purpose
of succession
- for purposes of
marriage: 4 years
continuous absence
shall be sufficient for
present spouse to
remarry, 2 years only is
required in extraordinary
circumstances
RULE 108
CANCELLATION OR CORRECTION
OF ENTRIES IN THE CIVIL REGISTRY
This Rule applies not only to proceedings for
correction of innocuous or clerical errors but also
CRIMINAL PROCEDURE
(WITH THE 2000 AMENDMENTS)
CRIMINAL
PROCEDURE
CRIMINAL LAW
63
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 110
PROSECUTION OF OFFENSES
2000 Amendment
Sec. 1. Institution of criminal actions.
Criminal actions shall be instituted as
follows:
(A)
FOR
OFFENSES
WHERE
A
PRELIMINARY
INVESTIGATION
IS
REQUIRED PURSUANT TO SECTION 1
OF RULE 112, BY FILING THE
COMPLAINT
WITH
THE
PROPER
OFFICER FOR THE PURPOSE OF
CONDUCTING
THE
REQUISITE
PRELIMINARY INVESTIGATION.
(b) For all other offenses, by filing the
complaint or information directly with
the Municipal Trial Courts and Municipal
Circuit Trial Courts, or the complaint with
the office of the prosecutor. In Manila
and other chartered cities, the complaint
shall be filed with the office of the
prosecutor unless otherwise provided in
their charters.
THE INSTITUTION OF THE CRIMINAL
ACTION
SHALL
INTERRUPT
THE
RUNNING
OF
THE
PERIOD
OF
PRESCRIPTION OF THE OFFENSE
CHARGED
UNLESS
OTHERWISE
PROVIDED IN SPECIAL LAWS.
________
The parties may go directly to court without
submitting the matter upon the lupon
chairman in the following cases:
1. where the accused is under detention;
2. where a person has otherwise been deprived
of personal liberty calling for habeas corpus
proceedings;
3. where the actions are coupled with
provisional remedies such as preliminary
injunction, attachment, delivery of personal
property, and support pendente lite; and
Requisites of a complaint:
1. it must be in writing and under oath;
2. it must charge a person with an offense;
3. it must be subscribed by the offended party,
by any peace officer or public officer charged
with the enforcement of the law violated
64
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
COMPLAINT
1. sworn statement
2. subscribed by the
offended party, any
peace officer or
other
officer
charged with the
enforcement of the
law violated
INFORMATION
1. need not be sworn
2. subscribed by the
fiscal
Section 5. Who
criminal actions.
must
prosecute
2000 Amendment
Sec. 8. Designation of the offense. The
complaint or information shall state the
designation of the offense given by the
statute; aver the acts or omissions
constituting the offense, and SPECIFY
ITS QUALIFYING AND AGGRAVATING
CIRCUMSTANCES. If there is no
designation of the offense, reference
shall be made to the section or
subsection of the statute punishing it.
Sec. 9. Cause of the accusation. The
acts or omissions complained of as
constituting the offense AND THE
QUALIFYING
AND
AGGRAVATING
CIRCUMSTANCES must be stated in
65
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
or
AMENDMENT
1. May involve either
formal or substantial
changes
2. Amendment before
the plea has been
SUBSTITUTION OF
INFORMATION OR
COMPLAINT
1. Involves substantial
change from the
original charge
2. Substitution of
information must be
66
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
entered can be
effected without leave
of court.
3. Amendment is only
as to form, there is no
need for another
preliminary
investigation and the
retaking of the plea of
the accused.
4. An amended
information refers to
the same offense
charged in the original
information or to an
offense which
necessarily includes or
is necessarily included
in the original charge,
hence substantial
amendments to the
information after the
plea has been taken
cannot be made over
the objection of the
accused, for if the
original information
would be withdrawn,
the accused could
invoke double
jeopardy.
and
continuing
offenses
RULE 111
PROSECUTION OF CIVIL ACTIONS
LIMITED TO THOSE ARISING FROM THE
OFFENSE CHARGED.
2000 Amendment
Sec. 1. Institution of criminal and civil
actions. (a) When a criminal action is
instituted, the civil action for the
recovery of civil liability ARISING FROM
THE OFFENSE CHARGED SHALL BE
DEEMED instituted with the criminal
67
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
68
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
2000 Amendment
Sec. 4. Effect of death on civil actions.
The death of the accused after
arraignment and during the pendency of
the criminal action shall extinguish the
civil liability arising from the delict.
However, the independent civil action
instituted under section 3 of this Rule or
which thereafter is instituted to enforce
liability arising from other sources of
obligation may be continued against the
estate or legal representative of the
accused after proper substitution or
against said estate, as the case may be.
The heirs of the accused may be
substituted for the deceased without
requiring the appointment of an executor
or administrator and the court may
appoint a guardian ad litem for the minor
heirs.
The court shall forthwith order said legal
representative or representatives to
appear and be substituted within a
period of thirty (30) days from notice.
A final judgment entered in favor of the
offended party shall be enforced in the
manner especially provided in these
rules for prosecuting claims against the
estate of the deceased.
If the accused dies before arraignment,
the case shall be dismissed without
prejudice to any civil action the offended
party may file against the estate of the
deceased. (n)
Under the amendment in Section 1, the
independent civil action under Section 3 may be
consolidated with the criminal action. Since
However, the Revised Rules on Criminal
Procedure limited the civil liability to what is
deemed impliedly instituted with the criminal
action to civil liability arising from the crime,
there would have been no need for the
amendment as death of the accused would only
extinguish such civil liability. The rule was
however retained by the Court to apply to the
civil actions under Section 3 of the Rule. The
rule would, however, apply only if any of the civil
actions under Section 3 is consolidated with the
criminal action, otherwise, since the actions
under Section 3 are purely civil actions, the
effects of death of a party are to be governed by
the Rules on Civil Procedure. (Rule 3, Section
16, 17 and 20, 1997 RCP)
2000 Amendment
69
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 112
PRELIMINARY INVESTIGATION
Section 1
2000 Amendment
Sec. 1. Preliminary investigation defined;
when required. -- was broadened.
EXCEPT AS PROVIDED IN SECTION 7 OF
THIS
RULE,
A
PRELIMINARY
INVESTIGATION IS REQUIRED TO BE
CONDUCTED BEFORE THE FILING OF A
COMPLAINT OR INFORMATION FOR AN
OFFENSE
WHERE
THE
PENALTY
PRESCRIBED BY LAW IS AT LEAST
FOUR (4) YEARS, TWO (2) MONTHS AND
ONE (1) DAY WITHOUT REGARD TO THE
FINE.
PURPOSE
OF
PRELIMINARY
INVESTIGATION:
To protect the accused from the
inconvenience, expenses and burden of
defending himself in a formal trial unless the
reasonable probability of his guilt shall have
been first ascertained in a fairly summary
proceeding by a competent officer. It is also
intended to protect the state from having to
conduct useless and expensive trials.
2000 Amendment
70
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
2000 Amendment
Sec. 4. Resolution of investigating prosecutor and its review. -- If the
investigating prosecutor finds cause to
hold the respondent for trial, he shall
prepare the resolution and information.
He shall certify under oath in the
information that he, or as shown by the
record, an authorized officer, has
personally examined the complainant
and his witnesses; that there is
reasonable ground to believe that a
crime has been committed and that the
accused is probably guilty thereof; that
71
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
2000 Amendment
Sec. 6. When warrant
issue. -
of
arrest
may
(a)
By the Regional Trial Court.
Within ten (10) days from the filing of the
complaint or information, the judge shall
personally evaluate the resolution of the
prosecutor and its supporting evidence.
He may immediately dismiss the case if
the evidence on record clearly fails to
establish probable cause. If he finds
probable cause, he shall issue a warrant
of arrest, or a commitment order if the
accused has already been arrested
pursuant to a warrant issued by the
judge who conducted the preliminary
investigation or when the complaint or
information was filed pursuant to section
7 of this Rule. In case of doubt on the
existence of probable cause, the judge
may order the prosecutor to present
additional evidence within five (5) days
from notice and the issue must be
resolved by the court within thirty days
72
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
2000 Amendment
Sec. 7. When accused lawfully arrested
without warrant. -- When a person is
lawfully arrested without a warrant
involving an offense which requires a
preliminary
investigation,
THE
COMPLAINT OR INFORMATION MAY BE
FILED BY A PROSECUTOR WITHOUT
NEED
OF
SUCH
INVESTIGATION
PROVIDED AN INQUEST HAS BEEN
CONDUCTED IN ACCORDANCE WITH
EXISTING RULES. IN THE ABSENCE OR
UNAVAILABILITY OF AN INQUEST
PROSECUTOR, THE COMPLAINT MAY
BE FILED BY THE OFFENDED PARTY OR
A PEACE OFFICER DIRECTLY WITH THE
PROPER COURT ON THE BASIS OF THE
AFFIDAVIT OF THE OFFENDED PARTY
OR ARRESTING OFFICER OR PERSON.
73
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
_________
TWO
SITUATIONS
CONTEMPLATED
UNDER THIS RULE:
1. When a person is lawfully arrested without a
warrant for an offense requiring a preliminary
investigation (sec. 1, Rule 112) and no
complaint or information has yet been filed, he
may ask for a preliminary investigation by
signing a waiver of the provisions of Art. 125 of
the RPC in the presence of his counsel.
2. When the complaint or information was filed
without preliminary investigation, the accused
may, within 5 days from the time he learns of
the filing of the information, ask for a
preliminary investigation with the same right to
adduce evidence in his favor in the manner
prescribed in this Rule.
The request for preliminary investigation
should be made before plea, otherwise the right
to ask for a preliminary investigation shall be
deemed WAIVED.
2000 Amendment
Sec 8. Records.
(a) Records supporting the information
or complaint. AN INFORMATION OR
COMPLAINT FILED IN COURT SHALL BE
SUPPORTED BY THE AFFIDAVITS AND
COUNTER-AFFIDAVITS OF THE PARTIES
AND THEIR WITNESSES, TOGETHER
WITH
THE
OTHER
SUPPORTING
EVIDENCE AND THE RESOLUTION ON
THE CASE.
(b) Records of preliminary investigation.
The
record
of
the
preliminary
________
2000 Amendment
Sec. 9. Cases not requiring a preliminary
investigation nor covered by the Rule on
Summary Procedure.
(a) If filed with the prosecutor. - If the
complaint is filed directly with the prosecutor
involving
an
offense
punishable
by
imprisonment of less than four (4) years, two
(2) months and one (1) day, the procedure
74
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 113
ARREST
Section 1. Definition of arrest.
Arrest the taking of a person into custody in
order that he may be bound to answer for the
commission of an offense (Sec. 1 Rule 113)
Modes of Arrest
1. arrest by virtue of a warrant
2. arrest without a warrant under statutorily
provided exceptional circumstances
Essential requisites of a valid warrant of
arrest:
1. It must be issued upon probable cause which
must be determined personally by a judge
after examination under oath or affirmation of
the complainant and the witnesses he may
produce
2. The warrant must particularly describe the
person to be seized
2000 Amendment
Sec. 5. Arrest without warrant; when
lawful.
xxx
xxx
xxx
(b)WHEN AN OFFENSE HAS JUST
BEEN COMMITTED AND HE HAS
PROBABLE CAUSE TO BELIEVE BASED
ON PERSONAL KNOWLEDGE OF FACTS
OR
CIRCUMSTANCES
THAT
THE
PERSON TO BE ARRESTED HAS
COMMITTED IT;
xxx
xxx
xxx
___________
WARRANTLESS ARRESTS:
1. The person to be arrested has committed, is
actually committing, or is attempting to
commit an offense.
2. The peace officer has probable cause to
believe based on personal knowledge of facts
or circumstances indicating that the person to
be arrested has committed a crime.
3. The person to be arrested is a prisoner who
has escaped from a penal establishment or
place where he is serving final judgment or
temporarily confined while his case is
pending, or has escaped while being
transferred from one confinement to another.
The present rule removed the requirement that
an offense must have in fact been committed
and clarified that probable cause to be based on
personal knowledge of facts facts and
circumstances that the person to be arrested
has committed it would be sufficient to justify a
warrantless arrest for an offense that has just
been committed.
The indubitable existence of a crime is not
necessary to justify a warrantless arrest and that
personal knowledge of facts in arrests without
warrant must be based upon probable cause,
which means an actual belief or reasonable
grounds of suspicion.
The ground of suspicion are reasonable when,
in the absence of actual belief of the arresting
75
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 114
BAIL
2000 Amendment
Sec. 2. Conditions
of
the
bail;
requirements. xxx
xxx
xxx
The original papers shall state the full
name and address of the accused, the
amount of the undertaking and the
conditions herein required. Photographs
(passport size) TAKEN WITHIN THE
LAST SIX (6) MONTHS showing the face,
left and right profiles of the accused
must be attached thereto.
_________
Conditions of Bail:
(a) The undertaking shall be effective upon
approval, and, unless cancelled, shall remain in
force at all stages of the case until promulgation
of the judgment of the RTC, irrespective of
whether the case was originally filed in or
appealed to it;
(b) The accused shall appear before the
proper courts whenever so required by the court
or these Rules;
(c) The failure of the accused to appear at
the trial without justification despite due notice
shall be deemed a waiver of his right to be
present thereat. In such case, the trial may
proceed in absentia;
(d) The bondsman shall surrender the
accused to court for execution of the final
judgment.
76
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
2000 Amendment
Sec. 5. Bail, when discretionary. THE
APPLICATION FOR BAIL MAY BE FILED
AND ACTED UPON BY THE TRIAL
COURT DESPITE THE FILING OF A
NOTICE OF APPEAL, PROVIDED IT HAS
NOT TRANSMITTED THE ORIGINAL
RECORD TO THE APPELLATE COURT.
HOWEVER, IF THE DECISION OF THE
TRIAL
COURT
CONVICTING
THE
ACCUSED CHANGED THE NATURE OF
THE OFFENSE FROM NON-BAILABLE
TO BAILABLE, THE APPLICATION FOR
BAIL CAN ONLY BE FILED WITH AND
RESOLVED BY THE APPELLATE COURT.
Section 6. Availability of bail to an
accused.
May be summarized as follows:
1. Regardless of stage of the criminal
prosecution, no bail shall be allowed if the
accused is charged with a capital offense or
an offense punishable by reclusion perpetua
and the evidence of guilt is strong.
2. Before and after conviction by the MTC, bail is
a matter of right. (Sec.4)
3. Before conviction by the RTC whether in the
exercise of its original or appellate
jurisdiction, bail is a matter of right. (Sec.4)
4. Upon conviction by the RTC of an offense not
punishable by death, reclusion perpetua or
life imprisonment, admission to bail is
discretionary.
5. After conviction by the RTC wherein a penalty
of imprisonment exceeding 6 but not more
than 20 years is imposed, and not one of the
circumstances below is present and proved,
bail is a matter of discretion. (Sec.5)
- Recidivism, quasi-recidivism or habitual
delinquency or commission of crime
aggravated by the circumstances of
reiteration.
- Previous escape from legal confinement,
evasion of sentence or violation of the
conditions of bail without valid
justification.
- Commission of the offense while on
probation, parole or under conditional
pardon
- Circumstance of the accused or his case
indicate the probability of flight if
released on bail
77
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
committed; or
-has not reside in the place
where the violation of the
law
or
ordinance
is
committed; or
-has no known residence
ON REDUCED
BAIL OR ON HIS
OWN
RECOGNIZANCE
UNDER THE
REVISED RULES
ON SUMMARY
PROCEDURE
1. Offense
charged
is
violation of an ordinance,
light felony or a criminal
offense, the imposable
penalty wherefore does not
exceed 6 months of
imprisonment and/or fine
of P 2,000 under R.A.6036.
2. Where the accused has
applied for probation and
before the same has been
resolved but no bail was
filed or the accused is
incapable of filing one, in
which case he may be
released on recognizance
3. In case of a youthful
offender held for physical
or mental examination, trial
or appeal, if unable to
furnish bail and under the
circumstances under PD
603, as amended
1. A person in custody for a
period equal to or more
than the minimum of the
principal penalty
prescribed for the offense
charged, without
application of the
indeterminate sentence
law or any modifying
circumstance shall be
released on reduced bail
or on his own
recognizance.
General Rule: no bail
Exception:
1. When a warrant of arrest is
issued for failure to appear
hen required by the court
2. When the accused
- is a recidivist;
- is a fugitive from justice;
- is charged with physical
injuries
- does not reside in the
place where the violation
of the law or ordinance is
2000 Amendment
Sec. 17. Bail, where filed. was
amended in that Bail in the amount fixed
may be filed with ANY REGIONAL TRIAL
JUDGE, METROPOLITAN TRIAL JUDGE,
MUNICIPAL
TRIAL
JUDGE,
OR
MUNICIPAL CIRCUIT TRIAL JUDGE IN
THE
PROVINCE,
CITY,
OR
MUNICIPALITY.
_________
Bail in the amount fixed may be filed with the
court where the case is pending, or in the
absence or unavailability of the judge of the
same court, within the province or city. This was
amended to include any regional trial judge,
metropolitan trial judge, municipal trial judge, or
municipal circuit trial judge in the province, city
or municipality.
2000 Amendment
Sec. 21. Forfeiture of bail. When the
presence of the accused is required by
the court or these Rules, his bondsmen
shall be notified to produce him before
the court on a given date AND TIME.
_________
Order of forfeiture vs. order of confiscation:
1. an order of forfeiture is conditional and
interlocutory, there being something more to
be done such as the production of the
accused within 30 days as provided by the
rules an order of forfeiture is not appealable
2. an order of confiscation is not independent of
the order of the order of forfeiture. It is a
judgment ultimately determining the liability of
the surety thereunder, and therefore final and
execution may issue at once.
78
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
2000 Amendment
Sec. 26. Bail not a bar to objections on
illegal arrest, lack of or irregular
preliminary
investigation.
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
RULE 115
RIGHTS OF THE ACCUSED
Section 1. Rights of the accused at the
trial.
RIGHTS OF THE ACCUSED:
A) To be presumed innocent
B) To be informed of the nature and the
cause of the accusation against him.
An arraignment thus becomes indispensable
as the means for bringing the accused into court
and notifying him of the cause he is required to
meet.
When a person is charged in a complaint with
a crime and the evidence does not show that he
is guilty thereof, but does show that he is guilty
of some other crime or a lesser offense, the
court may sentence him for the lesser offense,
provided the lesser offense is a cognate offense
and is included in the complaint with the court.
79
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
testify,
judicial
parties
having
him.
RULE 116
ARRAIGNMENT AND PLEA
2000 Amendment
Sec. 1. Arraignment and plea; how made.
xxx
xxx
xxx
(d) When the accused pleads guilty but
presents exculpatory evidence, his plea
shall be deemed withdrawn and a plea of
not guilty shall be entered for him. (n)
(e) When the accused is under
preventive detention, his case shall be
raffled and its records transmitted to the
judge to whom the case was raffled
within three (3) days from the filing of the
information or complaint. The accused
shall be arraigned within ten (10) days
from the date of the raffle. The pre-trial
conference of his case shall be held
within ten (10) days after arraignment. (n)
(f) The private offended party shall be
required to appear at the arraignment for
purposes
of
plea
bargaining,
determination of civil liability, and other
matters requiring his presence. In case
80
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
81
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
2000 Amendment
82
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
2000 Amendment
Sec. 8. Time for counsel de oficio to
prepare for arraignment. Whenever a
counsel de oficio is appointed by the
court to defend the accused at the
arraignment, he shall be given a
REASONABLE TIME to consult with the
accused as to his plea before proceeding
with the arraignment.
__________
Under the old rule, the counsel de oficio only
had one hour to consult with the accused
before arraignment.
the time limit of one hour under the old rule
is substituted by REASONABLE TIME
The former Section 9 of this Rule is no longer
reproduced because under Section 1, Rule 119,
the accused shall have fifteen (15) days to trial,
which shall commence within thirty (30) days
from receipt of the pre-trial order.
At or before arraignment, the accused may
move for a bill of particulars.
2000 Amendment
Sec. 3. Grounds. xxx
xxx
xxx
(b) That the court trying the case has no
jurisdiction over the offense charged;
(c) That the court trying the case has no
jurisdiction over the person of the
accused;
xxx
xxx
xxx
(i) That the accused has been previously
convicted or acquitted of the offense
charged OR THE CASE AGAINST HIM
WAS DISMISSED OR OTHERWISE
TERMINATED WITHOUT HIS EXPRESS
CONSENT.
__________
The old phrase in jeopardy of being
convicted was replaced in par. (I) to conform
with People vs. Pineda (219 SCRA 1)
The ground under par. (b) of the old rule was
divided into two.
JURISDICTION
1. Deals with the
powers of the court in
RULE 117
MOTION TO QUASH
PROCEDURE
1. Deals with the
procedure by which
83
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
the
real
and
substantive sense.
2. The thing itself.
JURISDICTION
EXERCISE OF
JURISDICTION
Where
there
is
jurisdiction
of
the
person and subject
matter, the decision of
all other questions
arising in the case is
but an exercise of that
jurisdiction.
JURISDICTION
OVER
THE PERSON OF THE
ACCUSED
1. May be acquired by
consent of the accused
or
by
waiver
of
objections.
2. If he fails to make
his objection in time,
he will be deemed to
have waived it.
2000 Amendment
Sec. 4. Amendment of complaint or
information. xxx
xxx
xxx
If it is based on the ground that
the facts charged do not constitute an
offense, the prosecution shall be given
by the court an opportunity to correct
the defect by amendment. The motion
shall be granted if the prosecution fails
to make the amendment, or the
complaint or information still suffers
from the same defect despite the
amendment. (n)
__________
If an alleged defect in the complaint or
information which is the basis of a motion to
quash can be cured by amendment, the court
shall order the amendment instead of quashing
the complaint or information. If, after the
amendment, the defect is still not cured, the
motion to quash should be granted.
84
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
2000 Amendment
Sec. 7. Former conviction or acquittal;
double jeopardy. xxx
xxx xxx
However, the conviction of the accused
shall not be a bar to another prosecution
for an offense which necessarily
includes the offense charged in the
former complaint or information under
any of the following instances:
(a) xxx
xxx
xxx
(b) The facts constituting the graver
charge
became
known
or
were
discovered only after a PLEA was
entered in the former complaint or
information; or
(c) The plea of guilty to the lesser
offense was made without the consent of
the prosecutor and of the offended party
EXCEPT AS PROVIDED IN SECTION 1(F)
OF RULE 116.
In any of the foregoing cases, where the
accused satisfies or serves in whole or
in part the judgment, he shall be credited
with the same in the event of conviction
for the graver offense. (7a) (No. 117970,
July 28, 1998)
_________
85
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
3.
4.
2000 Amendment
Sec. 8. Provisional dismissal. A case
shall not be provisionally dismissed
except with the express consent of the
accused and with notice to the offended
party.
The provisional dismissal of offenses
punishable
by
imprisonment
not
exceeding six (6) years or a fine of any
amount,
or
both,
shall
become
permanent one (1) year after issuance of
the order without the case having been
revived.
With respect to offenses
punishable by imprisonment of more
than six (6) years, their provisional
dismissal shall become permanent two
(2) years after issuance of the order
without the case having been revived. (n)
the offense
extinguished
jeopardy
or
penalty
has
been
RULE 118
PRE-TRIAL
2000 Amendment
Sec. 1. Pre-trial; mandatory in criminal
cases. In all criminal cases cognizable
by the Sandiganbayan, Regional Trial
Court,
Metropolitan
Trial
Court,
Municipal Trial Court in Cities, Municipal
Trial Court, Municipal Circuit Trial Court,
the court shall, after arraignment and
within thirty (30) days from the date the
court acquires jurisdiction over the
person of the accused, unless a shorter
period is provided for in special laws or
circulars of the Supreme Court, order a
pre-trial conference to consider the
following:
(a) plea bargaining;
(b) stipulation of facts;
(c) marking for identification of evidence
of the parties;
(d) waiver of objections to admissibility
of evidence;
(e) modification of the order of trial if the
accused
admits
the
charge
but
interposes a lawful defense; and
(f) such matters as will promote a fair
and expeditious trial of the criminal and
civil aspects of the case. (Secs. 2 & 3,
Circ. 38-98)
________
Pre-trial is MANDATORY in all criminal cases,
pursuant to the provisions of the Speedy Trial
Act.
2000 Amendment
Sec. 2. Pre-trial agreement. All
agreements or admissions made or
entered during the pre-trial conference
shall be reduced in writing and signed by
the accused and counsel, otherwise,
they cannot be used against the
accused. The agreements covering the
matters referred to in section 1 of this
Rule shall be approved by the court.
(Secs. 2 & 3, Circ. 38-98)
_________
Requisites before the pre-trial agreement can
be used as evidence:
1. they are reduced to writing
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
2000 Amendment
Sec. 3. Non-appearance at pre-trial
conference. If the counsel for the
accused or the prosecutor does not
appear at the pre-trial conference and
does not offer an acceptable excuse for
his lack of cooperation, the court may
impose proper sanctions or penalties.
(Sec. 5, Circ. 38-98)
Sec. 4. Pre-trial order. After the pre-trial
conference, the court shall issue an
order reciting the actions taken, the facts
stipulated, and evidence marked. Such
order shall bind the parties, limit the trial
to matters not disposed of and control
the course of the action during the trial,
unless modified by the court to present
manifest injustice. (3)
_________
RULE 119
TRIAL
2000 Amendment
Sec. 1. Time to prepare for trial. After a
plea of not guilty is entered, the accused
shall have at least fifteen (15) days to
prepare for trial. The trial shall
commence within thirty (30) days from
receipt of the pre-trial order. (sec. 6, Circ.
38-98)
__________
Trial - the examination before a competent
tribunal according to the laws of the land, of the
facts put in issue in a case for the purpose of
determining such issue
2000 Amendment
Sec. 2. Continuous trial until terminated;
postponements. Trial once commenced
shall continue from day to day as far as
practicable until terminated. It may be
postponed for a reasonable period of
time for good cause. (2a)
The court shall, after consultation with
the prosecutor and defense counsel, set
the case for continuous trial on a weekly
or other short-term trial calendar at the
earliest possible time so as to ensure
speedy trial. In no case shall the entire
trial period exceed one hundred eighty
(180) days from the first day of trial,
except as otherwise authorized by the
Supreme Court. (Sec. 8, Circ. 38-98)
CONTINUOUS TRIAL SYSTEM
Trial once commenced shall continue from day
to day as far as practicable until terminated; but
it may be postponed for a reasonable period of
time for good cause.
Purpose of the continuous trial system is to
expedite the decision or resolution of cases in
the trial court.
Requisites before a trial can be put-off on
account of the absence of a witness:
1. that the witness is material and appears to the
court to be so
2. that the party who applies has been guilty of
no neglect
3. that the witnesses can be had at the time to
which the trial is deferred and incidentally that
no similar evidence could be obtained
4. that an affidavit showing the existence of the
above circumstances must be filed
Remedies of accused where a prosecuting
officer without good cause secures
87
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
2000 Amendment
Sec. 3. Exclusions. The following
periods of delay shall be excluded in
computing the time within which trial
must commence:
(a) Any period of delay resulting from
other proceedings concerning the
accused, including but not limited to
the following:
(1) Delay resulting from an
examination of the physical and
mental condition of the accused;
(2)
Delay
resulting
from
proceedings with respect to other
criminal charges against the
accused;
(3)
Delay
resulting
from
extraordinary remedies against
interlocutory orders;
(4) Delay resulting from pre-trial
proceedings; provided, that the
delay does not exceed thirty (30)
days;
(5) Delay resulting from orders of
inhibition, or proceedings relating
to change of venue of cases or
transfer from other courts;
(6)Delay resulting from a finding
of the existence of a prejudicial
question; and
(7) Delay reasonably attributable
to any period, not to exceed thirty
88
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
2000 Amendment
Sec. 4. Factors for granting continuance.
The following factors, among others,
shall be considered by a court in
determining
whether
to
grant
a
continuance under section 3(f) of this
Rule.
(a) Whether or not the failure to grant a
continuance in the proceeding would
likely make a continuation of such
proceeding impossible or result in a
miscarriage of justice; and
(b) Whether or not the case taken as a
whole is so novel, unusual and complex,
due to the number of accused or the
nature of the prosecution, or that it is
unreasonable
to
expect
adequate
preparation within the periods of time
established therein.
In addition, no continuance under
section 3(f) of this Rule shall be granted
because of congestion of the courts
calendar or lack of diligent preparation
or failure to obtain available witnesses
on the part of the prosecutor. (Sec. 10,
Circ. 38-98)
Sec. 5. Time limit following an order for
new trial. If the accused is to be tried
again pursuant to an order for a new
trial, the trial shall commence within
thirty (30) days from notice of the order,
provided that if the period becomes
impractical due to unavailability of
witnesses and other factors, the court
may extend it but not to exceed one
hundred eighty (180) days from notice of
said order for a new trial. (Sec. 11, Circ.
38-98)
Sec. 6. Extended time limit.
Notwithstanding the provisions of
Section 1 (g), Rule 116 and the preceding
Section 1, for the first twelve-calendar
month period following its effectivity on
September 15, 1998, the time limit with
respect to the period from arraignment
to trial imposed by said provision shall
be one hundred eighty (180) days. For
the second twelve-calendar month
period, the time limit shall be one
hundred twenty (120) days, and for the
89
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
90
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
More than
discharged.
one
accused
may
be
91
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
EXCEPTIONS:
1. If the accused fails or refuses to testify
against his co-accused in accordance with
his sworn statement constituting the basis of
the discharge
2. Failure to testify refers exclusively to
defendants will or fault
3. Where an accused who turns states evidence
on a 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.
An amended information is not a new
information but a continuation of the previous
one, so that a discharge under the original
information is just as binding upon the
subsequent amended information.
2000 Amendment
Sec. 23. Demurrer to evidence. The
motion for leave of court to file demurrer
to evidence shall specifically state its
grounds and shall be filed within a nonextendible period of five (5) days after
the prosecution rests its case.
If leave of court is granted, the accused
shall file the demurrer to evidence within
a non-extendible period of ten (10) days
from notice. The prosecution may
oppose the demurrer to evidence within
a similar period from its receipt.
The order denying the motion for leave
of court to file demurrer to evidence or
the demurrer itself shall not be
reviewable by appeal or certiorari before
judgment. (n)
After the prosecution has rested its case, the
accused has 5 DAYS to file a motion for leave of
court to file a demurrer to evidence.
RULE 120
JUDGMENT
Section 1. Judgment; definition and
form.
Judgment - the adjudication by the court that
the accused is guilty or not guilty of the offense
charged and the imposition of the proper penalty
and civil liability provided for by the law.
It is not necessary that the judge who tried the
case be the same judicial officer to decide it. It is
sufficient if he be apprised of the evidence
already presented by a reading of the transcript
of the testimonies already introduced, in the
same manner as appellate courts review
evidence on appeal.
2000 Amendment
Sec. 6. Promulgation of judgment. The is
promulgated by reading it in the
presence of the accused and any
judge of the court in which it was
rendered.
However,
if
the
conviction is for a light offense, the
judgment may be pronounced in
the presence of his counsel or
representative. When the judge is
absent or outside the province or
city, the judgment may be
promulgated by the clerk of court.
If the accused is confined or detained in
another province or city, the judgment
may be promulgated by the executive
judge of the Regional Trial Court having
jurisdiction
over
the
place
of
confinement or detention upon request
of the court which rendered the
judgment. The court promulgating the
judgment shall have authority to accept
the notice of appeal and to approve the
bail bond pending appeal; PROVIDED,
THAT IF THE DECISION OF THE TRIAL
COURT CONVICTING THE ACCUSED
93
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
Youthful offender
- A child, minor or youth, including one who is
emancipated in accordance with law, who is
over nine years but under eighteen years of age
at the time of the commission of the offense.
Instances when suspension of sentence
shall not apply to youthful offender:
1. has previously enjoyed suspension of
sentence
2. if convicted of an offense punishable by
death or life imprisonment.
Probation - it is a disposition under which a
defendant after conviction and sentences, is
released subject to conditions imposed by the
court and to the supervision of a probation
officer.
Probationer - refers to the person placed on
probation.
Probation Officer - refers to one who
investigates for the court a referral for a
probation or supervises a probationer or both.
Application for probation must be made within
the period for perfecting an appeal
An order granting or denying probation IS NOT
APPEALABLE
94
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 121
NEW TRIAL OR RECONSIDERATION
Section 1. New trial or reconsideration.
New trial - the rehearing of a case already
decided but before the judgment of conviction
Section
reconsideration.
3.
Grounds
for
95
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 122
APPEAL
Section 1. Where to appeal.
Appeal - a proceeding for review by which the
whole case is transferred to the higher court for
a final determination
Appeal is not an inherent right of convicted
person. The right of appeal is and always has
been statutory.
Effect of an appeal:
96
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 123
PROCEDURE IN THE MUNICIPAL
TRIAL COURTS
97
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 124
PROCEDURE IN THE COURT OF
APPEALS
Section 2. Appointment of counsel de
oficio for the accused.
Requisites before an accused can be given a
counsel de oficio on appeal:
1. that he is confined in prison
2. without counsel de parte on appeal
3. signed the notice of appeal himself
Exceptions to the requisites
An accused-appellant not confined to prison
can have a counsel de oficio if requested by him
in the appellate court within 10 days from receipt
of the notice to file brief and the right thereto is
established by affidavit
98
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
Section
16.
reconsideration.
Rehearing
or
2000 Amendment
Sec. 18. Application of certain rules in
civil to criminal cases. The provisions
of Rules 42, 44 to 46 and 48 to 56 relating
to procedure in the Court of Appeals and
in the Supreme Court in original and
appealed civil cases shall be applied to
criminal cases, insofar ass they are
applicable and not inconsistent with the
provisions of this Rule.
The corresponding amendment was made
pursuant to the changes introduced under the
1997 Rules of Procedure.
Rule 47 (Annulment of Judgments of Final
Judgment and Resolutions) DOES NOT APPLY
TO CRIMINAL CASES. The appropriate
remedy for lack of jurisdiction or extrinsic
fraud is CERTIORARI (Rule 65) or HABEAS
CORPUS (Rule 102).
RULE 125
PROCEDURE IN THE SUPREME
COURT
Section 1. Uniform Procedure.
A case may reach the Supreme Court in the
following manner:
1. automatic review
2. ordinary appeal
3. petitioner for review on certiorari
Effect of direct appeal to the Supreme Court
on question of law in criminal cases
A direct appeal to the Supreme Court on
questions of law in criminal cases in which the
penalty imposed is not death or life
imprisonment precludes a review of the facts.
- Cases involving both questions of law and fact
come within the jurisdiction of the Court of
Appeals.
- APPEALS TO THE SUPREME COURT NOT
A MATTER OF RIGHT; but a matter of sound
99
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 126
SEARCH AND SEIZURE
Section 1. Search warrant defined.
Elements of search warrant:
1. order in writing
2. signed by the judge in the name of the People
of the Philippines
3. commanding a peace officer to search
personal property
4. bring the property before the court
NATURE OF SEARCH WARRANTS
- Search warrants are in the nature of criminal
process and may be invoked only in furtherance
of public prosecutions. Search warrants have no
relation to civil process or trials and are not
available to individuals in the course of civil
proceedings, nor for the maintenance of any
mere private right
SEARCH vs. SEIZURE
The term search as applied to searches and
seizures is an examination of a mans house or
other buildings or premises or of his person with
a view to the discovery of contraband or illicit or
stolen property or some evidence of guilt to be
used in the prosecution of a criminal action for
some offense with which he is charged
A seizure is the physical taking of a thing into
custody
GENERAL WARRANT
A process which authorizes the search and
seizure of things, in a general manner, without
specifying or describing them with particularity,
like
the
equipment,
paraphernalia,
communications,
records,
publications,
documents, instruments, items, supplies, and
other evidence in connection with the violation of
an offense.
WARRANT OF
ARREST
SEARCH WARRANT
1. order in writing in
the name of the RP
signed by the judge
and directed to the
peace officer to
search personal
property described
therein and to bring it
to court. (sec. 1)
2. validity is for 10
days only (sec. 9)
3. may be served on
any day and at any
3. to be served only in
daytime unless the
100
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
5. sworn statements
and affidavits of
complainant and
witnesses must be
submitted to court.
2000 Amendment
Sec. 2. Court where application for
search warrant shall be filed. An
application for search warrant shall be
filed with the following:
(a) Any court within whose territorial
jurisdiction a crime was committed.
101
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
PROBABLE
CAUSE
facts
and
circumstances which could lead a reasonable,
discreet and prudent man to believe that the
property subject of an offense are in the place
sought to be searched.
- The requirement of probable cause to be
determined by a judge, does not extend to
deportation proceedings
Reason for requiring that no search warrant
shall issue for more than one specific
offense:
It would place the sanctity of the domicile and
the
privacy
of
communication
and
correspondence at the mercy of the whims,
caprice or passion of peace officers.
Reason of requiring that a search warrant
must particularly describe the place to be
searched and the persons or things to be
seized:
to limit the things to be seized to those, and
only those, particularly described in the search
warrant to leave the officers of the law no
discretion regarding what articles they shall
2000 Amendment
102
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
2000 Amendment
Sec. 14. A motion to quash a search
warrant or to suppress evidence; where
to file. A motion to quash a search
warrant or to suppress evidence
obtained thereby may only be filed and
acted upon only by the court that issued
the search warrant. If the motion has not
been resolved by the court which issued
the search warrant and a criminal case is
subsequently filed in another court, the
motion shall not be resolved by the latter
court unless compelling reasons warrant
its resolution by the former court. (n)
__________
GENERAL RULE: A motion to quash a search
warrant or to suppress evidence may only be
filed and acted upon only by the court where the
action is pending.
EXCEPTION: If no criminal action has been
filed, the motion may be filed in and resolved by
the court that issued the search warrant.
EXCEPTION to the EXCEPTION: If the criminal
case is subsequently filed in another court and
the motion to quash is still not resolved by the
issuing court, the motion shall not be resolved
103
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
Rule 127
PROVISIONAL REMEDIES IN
CRIMINAL CASES
Section 1. Availability of provisional
remedies.
Nature of Provisional Remedies
1. Those to which parties litigant may resort for
the preservation or protection of their rights or
interests and for no other purposes during the
pendency of the action.
2. They are applied a pending litigation for the
purposes of securing the judgment or
preserving the status quo, and in some cases
after judgment, for the purpose of preserving
or disposing of the subject matter.
Kinds of provisional remedies
1. attachment
2. injunction
3. receivers
4. delivery of personal property
5. support pendente lite
Section 2. Attachment.
- It was held by the Supreme Court that the
public prosecutor has the authority to apply for
preliminary attachment as may be necessary to
protect the interest of the offended party,
particularly considering that the corresponding
civil liability of the culprits is to be determined
therein, no reservation having been made of the
right to enforce it in a separate civil action.
EVIDENCE
Scope of Law on Evidence
1. Prescribes the manner of presenting evidence
(Burden of Proof, rules 131-132);
2.Fixes the qualification and privilege of
witnesses and the mode of examining them
(Rule 132);
3.Determines among the probative matters,
things which are logically and in their nature
evidential, and what classes of things shall not
be received.
This excluding function of rules of exclusion is
the chief characteristic of our law on evidence
(Rules of Admissibility 128-130).
TWO PRINCIPAL PROBLEMS IN EVIDENCE:
1. How to determine which evidence is
admissible; and
2. Having determined that the evidence is
admissible, how to present that evidence in a
manner that would make the court admit it
once it is offered.
Rule 128
GENERAL PROVISIONS
Section 1. Concept of Evidence
EVIDENCE is the means, sanctioned by the
Rules of Court, of ascertaining in a judicial
proceeding the truth respecting a matter of fact
Every evidential question involves the
relationship between the factum probans and
the factum probandum.
FACTUM PROBANDUM - the ultimate fact
sought to be established.
It may be ascertained in:
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Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
Section 2. Scope
EXAMPLES OF INSTANCES WHERE RULES
OF EVIDENCE DO NOT APPLY TO JUDICIAL
PROCEEDINGS:
1. Rules on Summary Procedure in civil actions;
2. In the Rules of Summary Procedure in
criminal cases, where the witnesses submit
their affidavits and counter-affidavits, subject
only to cross-examination;
3. In agrarian cases; and
4. Rules regarding the testimony of witnesses
fron examinations, etc., in cases under the
MTC (where the parties merely submit their
position papers and their witnesses affidavits
and counter-affidavits.
The rules of evidence are applicable to both
civil and criminal cases because the law does
not distinguish. EXCEPTION: When the law
specifically provides the procedure in receiving
evidence.
105
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 129
WHAT NEED NOT BE PROVED
The following facts need not be proved:
1. Those which the courts may take judicial
notice (Rule 129);
2. Those which are judicially admitted (Rule
129);
3. Those which are presumed (Rule 131).
Section 2.
discretionary.
Judicial
notice,
when
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
in
pleadings
later
Rule 130
RULES OF ADMISSIBILITY
Object Evidence
Not a rule of exclusion thus other kinds of
evidence may be presented even if there is an
object evidence.
Requisites of object evidence to be
admissible:
1. relevant and competent
2. must be in the same condition when it is
presented in court as it was during the
occurrence of the fact in issue.
REMEDIES when object evidence cannot be
brought to court:
1.Ocular inspection or viewthe court can
go to the place where the object is located.
107
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
SECONDARY EVIDENCE
Section 5. When original document is
unavailable.
In case of loss or destruction of the original
document, the following are admissible after
proving EXECUTION or EXISTENCE, CAUSE
OF ITS UNAVAILABILITY without bad faith on
the part of the offeror, and REASONABLE
EFFORT:
1.a copy;
2.a recital of the contents in some authentic
document; or
3.the testimony of witnesses.
These secondary parole evidence should be
presented in the order stated.
The order does not apply where the law
specifically provides for the class or quantum of
secondary evidence to establish the contents of
the document. (DEFINITE EVIDENTIARY
RULE).
Evidence
of
written
108
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
DISTINGUISH:
PAROL EVIDENCE
RULE (PER)
BEST EVIDENCE
RULE (BER)
Contemplates
a
situation when the
original is not available
in court and/or there is
a dispute as to whether
said writing is the
original.
Prohibits
the
introduction
of
substitutionary
evidence in lieu of the
original
document
regardless of whether
or not it varies the
contents of the original;
Can be invoked by
any party to an action
regardless of whether
such party participated
or not in the writing
involve.
Applies to all kinds of
writing.
QUALIFICATION OF WITNESSES
Section
20.
qualifications.
Witnesses;
their
109
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
Disqualification by
REASON OF
MARRIAGE
(Sec. 23)
Can be invoke only if
Disqualification by
REASON OF
MARITAL PRIVILEGE
(Sec. 24(a) )
Can
be
claimed
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
DEAD MANS
STATUTE
Only a partial
disqualification as
the witness is not
completely
disqualified but is
only
prohibited
from testifying on
the matters therein
specified;
Applies only to a
civil
case
or
special proceeding
over the estate of
a deceased or
insane person.
MARITAL
DISQUALIFICATION
RULE
It is a complete and
absolute
disqualification;
Applies to a civil or
criminal case, subject
only
to
the
two
exceptions
provided
therein: (1)except in a
civil case by one
against the other; or
(2) in a criminal case
for
a
crime
committed by one
against the other or
the latters direct
descendants
or
ascendants).
111
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
C. PRIVILEGED COMMUNICATION
BETWEEN DOCTOR AND PATIENT:
Requisites:
1. The physician is authorized to practice
medicine, surgery or obstetrics;
2. The information was acquired or the advice
or treatment was given by him in his
professional capacity for the purpose of
treating or curing the patient;
3. The information, advice or treatment, if
revealed, would blacken the reputation of
the patient; and
4. The privilege is invoked in a civil case,
whether the patient is a party thereto or not.
When privilege does not apply:
1. Where the communication was not given in
confidence
2. The communication is irrelevant to the
professional employment
3.
The communication was made for an
unlawful purpose
4. The information was intended to be made
public
There was a waiver of the privilege either
by
provisions of contract or law
D. PRIVILEGED COMMUNICATION
BETWEEN PRIEST AND PENITENT:
Requisites:
1. The confession must have been made to the
priest in his professional character in the
course of discipline enjoined by the church to
which he belongs.
2. The communications ere made in confidential
and penitential in character.
E. PRIVILEGED COMMUNICATION TO
PUBLIC OFFICERS:
Requisites:
1. The holder of the privilege is the government,
acting through a public officer;
2. The communication was given to the public
officer in confidence;
3. The communication was given during the
term of office of the public officer or
afterwards;
4. The public interest would suffer by the
disclosure of the communication.
We apply the privileged communication to both
civil and criminal cases except as to the doctorpatient privilege, which is applicable only in civil
cases.
F. OTHER PRIVILEDGED MATTERS
1. The guardian ad litem shall not testify in any
proceeding concerning any information,
statement, or opinion received from the child
in the course of serving as a guardian ad
litem, unless the court finds it necessary to
promote the best interests of the child (Sec.
5 (e) of the Rule on Examination of a
Child Witness).
2. Editors may not be compelled to disclose the
source of published news.
112
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
3.
To preserve family
CONFESSION
1.statement of fact
which
involve
an
acknowledgment
of
guilt or liability;
2. may be made by
third persons and in
certain
cases,
are
admissible against a
party;
3. express or tacit
DECLARATIONS
AGAINST INTEREST
1.made against the
proprietary
or
pecuniary interest of
the parties
2. made by a person
who is either deceased
or unable to testify
ADMISSIONS
admissible.
In CIVIL CASES, an offer of compromise is not
an admission of any liability, and is not
admissible in evidence against the offeror.
REASON: It is the policy of the law to favor the
settlement of disputes, to foster compromises
and to promote peace.
In CRIMINAL CASES, an offer of compromise
by the accused may be received in evidence as
an implied admission of guilt.
EXCEPTIONS:
1. Those involving quasi-offenses;
2. Under the Katarungang pambarangay law;
3. Plea of guilty later withdrawn;
4. An unaccepted offer of plea of guilty to a
lesser offense;
5. An offer to pay or the payment of medical,
hospital or other expenses occasioned by an
injury;
6. Tax cases.
An offer of compromise that may be considered
an implied admission need not be made by the
accused himself, it may be made by his lawyer
or relatives, provided it is made with the consent
of the accused or with his knowledge and he
does not stop it.
However, take note of the case of PEOPLE vs.
MACATANA, on compromise made by the
tribes.
Distinguish OFFER OF COMPROMISE from
ORDINARY ADMISSION:
In an offer of compromise, the proposal is
tentative and any statement made in connection
with it is hypotheticalto buy peace and, in
contemplation of mutual concessions, whereas
in an ordinary admission, the intention is
apparently to admit liability and to seek to buy or
113
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
EXTRA-JUDICIAL
CONFESSIONis
one
made in any other place or occasion and cannot
sustain a conviction unless its voluntariness is
proven and unless corroborated by evidence of
the corpus delicti.
GENERAL RULE:
an EXTRA-JUDICIAL
CONFESSION is admissible against the
confessor only. It is incompetent evidence
against his co-accused for being hearsay and
because of the res inter alios acta rule.
C. ADMISSION BY PRIVIES
PRIVIES those who have mutual or
successive relationship to the same rights of
property or subject matter such as personal
representatives, heirs, devisees, legatees,
assigns, voluntary grantees, or judgment
creditors or purchasers from them with notice to
the facts
REQUISITES:
1. That there must be privity between the party
and the declarant;
2. The declarant as predecessor in interest
made the declaration while holding the title
to the property.
3. The admission relates to the property.
114
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
TESTIMONIAL KNOWLEDGE
Section 36. Testimony generally
confined
to
personal
knowledge;
hearsay excluded.
GENERAL RULE: A witness can testify only to
those facts which he knows of his personal
knowledge; that is, which are derived from his
own perception, except as otherwise provided in
these rules.
REASON FOR EXCLUDING HEARSAY: not
subject to the test of truth because there is no
opportunity for cross-examination. Also, this will
be a violation of the constitutional right to
confrontation.
HEARSAY RULE
CLASSIFICATION
OF
OUT-OF-COURT
STATEMENTS:
1. HEARSAY-- Those which are considered
as hearsay and therefore inadmissible, this
occurs when the purpose for introducing the
our-of-court statement is to prove the truth of
the facts asserted therein;
2. NON-HEARSAYAdmissible. This occurs
when the purpose for introducing the
statement is not to prove the truth of the
facts asserted therein but only the making of
the statements and are admissible in
evidence when the making of the statement
is relevant.
These are so-called
INDEPENDENTLY
RELEVANT
STATEMENTS.
3. EXCEPTIONS TO THE HEARSAY RULE
Those which are hearsay but are considered
as exceptions to the hearsay rule and are
therefore admissible.
These are from
Sections 37 to 47 of Rule 130.
HEARSAY EVIDENCE:
They are admissible by reason of NECESSITY
and TRUSTWORTHINESS.
Hearsay evidence not objected to may be
admissible but, whether objected to or not, has
115
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
Section
interest.
38.
Declarations
against
REQUISITES:
1. That the declarant is dead or unable to
testify;
2. That it relates to a fact against the interests
of the declarant;
3. That at the time he made said declaration
the declarant was aware that the same was
contrary to his aforesaid interest; and
4. That the declarant had no motive to falsify
and he believed such declaration to be true.
Reason for admissibility:
trustworthiness
necessity and
Section 40
--Act or declaration
about PEDIGREE;
--Family reputation or
tradition
regarding
pedigree;
--Witness is a member
of the family;
--Testimony is about
what declarant, dead
or unable to testify, has
said concerning the
pedigree
of
the
declarants family.
--Testimony is about
family reputation or
tradition
covering
matters of pedigree.
SPONTANEOUS
STATEMENTS
the res gestae is
startling occurrence
statements be may
made prior, while
immediately after
startling occurrence
the
be
or
the
116
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
OPINION RULE
Section 48. General rule
GENERAL RULE: Opinion of a witness is not
admissible.
EXCEPTIONS:
1. On a matter requiring SPECIAL knowledge,
skill, experience or training which he is
shown to possess (Sec. 49);
2. The identity of a person about whom he has
adequate knowledge (Sec. 50[a]);
3. A handwriting with which he has sufficient
familiarity (Sec. 50 [b]);
4. The mental sanity of a person with whom he
is sufficiently acquainted (Sec. 50 [c]);
5. The witness impressions of the emotion,
behavior, condition or appearance of a
person (Sec. 50 [d]);.
NOTE: Under No. 1, before an expert may be
allowed to testify, he must first be shown to be
qualified as such.
CHARACTER EVIDENCE
RULE 131
BURDEN OF PROOF AND
PRESUMPTIONS:
Section 1. Burden of Proof
BURDEN OF PROOF/RISK OF NONPERSUASIONthe duty of a party to present
evidence on the facts in issue necessary to
establish his claim or defense by the amount of
evidence required by law.
UPON WHOM BURDEN OF PROOF RESTS:
A. Civil Cases
1. the plaintiff has the burden of proof to show
the truth of his allegations if the defendant
raises a negative defense
2. the defendant has the burden of proof if he
raises an affirmative defense on the
complaint of the plaintiff
B. Criminal Cases
The burden of proof is with the prosecution by
reason of the presumption of innocence.
EXCEPTION: Under the Speedy Trial Act,
burden of proof is in the defense.
DEGREE OF PROOF THAT SATISFIES THE
BURDEN OF PROOF:
A. CIVIL CASES
Preponderance of evidence
B. CRIMINAL CASES
1. To sustain conviction
Evidence of guilt beyond reasonable doubt
2. Preliminary investigation
Engender a well founded belief of the fact
of the commission of a crime.
3. Issuance of warrant of arrest
Probable cause, i.e. that there is reasonable
ground to believe that the accused has
committed an offense.
EXCEPTIONS:
CRIMINAL CASES:
1. accused may prove his good moral character
which is pertinent to the moral trait involved in
the offense charge.
2. The prosecution may not prove bad moral
character of the accused unless in rebuttal
when the latter opens the issue by
introducing evidence of his Good moral
character.
3. As to the offended party, his good or bad
moral character may be proved as long as it
tends to establish the probability or
improbability of the offense charged
CIVIL CASES
The moral character of either party thereto
cannot be proved unless it is pertinent to the
issue of character involved in the case.
AS TO WITNESSES:
BURDEN OF PROOF
Does not shift
Generally determined
by the pleadings filed
by the party
BURDEN OF
EVIDENCE
Shifts from party to
party depending upon
the exigencies of the
case in the course of
the trial;
Generally determined
by the developments of
the trial, or by the
provisions
of
substantive
law or
procedural rules which
may relieve the party
from
presenting
evidence on the facts
117
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
RULE 132
PRESENTATION OF EVIDENCE
EXAMINATION OF WITNESSES
Section 1. Examination to be done in
open court.
HOW ORAL EVIDENCE GIVENIt is usually
given orally, in open court. Therefore, generally,
the testimonies of witnesses cannot be
presented in affidavits.
--The only instance when the testimonies or
witnesses may be given in affidavits is under the
rule on summary procedure.
The form and nature of the questions that
may and may not be propounded to a
witness are as follows:
1.Questions must not be indefinite or uncertain;
2.Questions must be relevant;
3.Questions must not be argumentative;
4.Questions must not call for conclusion of law;
5.Questions must not call for opinion or hearsay
evidence;
6.Questions must not call for illegal answer;
7.Questions must not call for self-incriminating
testimony;
8.Questions must not be leading;
9.Questions must not be misleading;
10.Questions must not tend to degrade
reputation of witness;
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
2.AMERICAN
RULErestricts
crossexamination to facts and circumstances which
are connected with the matters that have been
stated in the direct examination of the witness.
Under Philippine jurisdiction, we follow the
two rules, specifically under the following
instances:
in civil cases, we follow the English Rule,
which allows the cross-examination to elicit all
important facts bearing upon the issue (Sec. 6),
but this does not mean that a party by doing so
is making the witness his own in accordance
with Section 5.
In two instances we follow the American Rule,
1) the accused may only be cross-examined on
matters covered by direct examination, 2) hostile
witness.
PARTY
CALLING
THE
FOLLOWING
WITNESSES ARE NOT BOUND BY THEIR
TESTIMONY:
1. adverse party
2. hostile witness;
3. unwilling witness.
Section 10.
questions.
LEADING
QUESTIONQuestion
which
suggests to the witness the answer which the
examining party desirers.
EXCEPTIONS:
1. On preliminary matters;
2. On cross-examination;
3. To adverse party witness;
4. To hostile witness;
5. To unwilling witness;
6. To children of tender age;
7. To deaf-mutes;
8. To those who are ignorant;
9. To those who are of weak minds;
10. To the officers of the adverse party who is a
juridical person.
Under the Rule on examination of a child
witness, corroboration shall not be required of a
testimony of a child. His testimony, if credible by
itself, shall be sufficient to support a finding of
fact, conclusion, or judgment subject to the
standard of proof required in criminal and noncriminal cases (Sec. 22 of the Rule on
examination of a child witness).
119
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
PRESENT MEMORY
REVIVED
Memory is obscure but
there is still memory;
The main evidence is
the testimony of the
witness
and
the
memorandum;
The witness simply
testifies that he knows
that the memorandum is
correctly written by him
or under his direction;
no need to swear.
PAST RECOLLECTION
RECORDED
Recollection is zero
The main evidence is
the memorandum.
Witness must swear
that the writing correctly
states the transaction.
120
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
AUTHENTICATIONPROVING
the
due
execution and genuineness of the document.
CLASSES OF DOCUMENTS:
for the purpose of their presentation in
evidence, documents are either in public or
private (Sec. 19).
PUBLIC DOCUMENTS:
1. The written official acts, or records of the
official acts of the sovereign authority, official
bodies and tribunals, and public officers,
whether of the Philippines, or of a foreign
country;
2. Documents acknowledged before a notary
public except last wills and testaments; and
3. Public records, kept in the Philippines, of
private documents required by law to be
entered therein.
PUBLIC WRITING DISTINGUISHED FROM
PRIVATE WRITING:
PUBLIC
WRITING
a
public
document
is
admissible
evidence, without
further proof of its
genuineness and
due execution
As to
authenti
city
As to
persons
bound
As to
validity
of
certain
transacti
ons
a
public
instrument
is
evidence
even
against
third
persons, of the
fact which gave
rise to its due
execution and to
the date of the
latter;
certain
transactions must
be in a public
document,
otherwise they will
not be given any
validity.
Objection: grounds
General immaterial or irrelevant
Sustained
Evidence
offered
will not be allowed
to be presented in
court
Overruled
Evidence will be
allowed
to
be
presented in court
Remedy of offeror
Tender of excluded
evidence
Presentation
of
evidence offered
Objection; to deny
presentation
general/specific
grounds
PRIVATE WRITING
a private writing
must be proved
relative to its due
execution
and
genuineness-its
authenticity-before
it may be received
in evidence.
a private writing
binds
only
the
parties
who
executed them or
their privies, insofar
as due execution
and date of the
document
are
concerned.
Sustained
Question posed will not
be
permitted
e.g.
misleading; revise the
question / tender of
excluded evidence
Overruled
Question will be
allowed
121
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
MARKING
All exhibit should be marked to facilitate
their identification. The marking may be
made at the pre-trial or during the trial.
The plaintiff and the prosecution use capital
letters (A, B, C, etc.) and the accused
use Arabic numbers (1, 2, 3, etc.)
If the exhibit is presented in connection with
an affidavit, like in support or in opposition to
a motion to dismiss, the words Motion to
Dismiss should be added after the letter or
number.
AUTHENTICATION
The proof of a documents due execution and
genuineness if the purpose is to show that it
is genuine, or the proof of its forgery, if the
purpose is to show that the document is a
OF
forgery.
INSPECTION
Under Section 18 of Rule 132, whenever a
writing is shown to a witness, it may be
inspected by the adverse party.
FORMAL OFFER
After
the termination of the testimonial
evidence, the proponent will then make a
formal offer and state the purpose for which
the document is presented (Rule 132, Sec.
34)
OBJECTIONS
The objection to the introduction or
presentation of the document shall be made
when it is formally offered in evidence (Rule
132, Sec. 36)
122
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
Rule 133
WEIGHT AND SUFFICIENCY OF
EVIDENCE
WEIGHT OF EVIDENCEprobative value or
credit that the court gives to particular evidence
admitted to prove a fact in issue.
123
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa
Direct
evidence
distinguished
circumstantial evidence.
Direct Evidence
establishes
the
existence of a fact in
issue without the aid of
any
inference
or
presumption.
the witnesses testify
directly of their own
knowledge as to the
main facts to be proved.
from
Circumstantial
Evidence
does not prove the
existence of a fact in
issue
directly,
but
merely provides for
logical inference that
such fact really exists.
each proof is given of
facts and circumstances
from which the court
may
infer
other
connected facts which
reasonably
follow,
according
to
the
common experience of
mankind.
124
Remedial Law Memory Aid Committee: VERONICA LLADOC, Chairperson; CATHLEEN LAO, Vice-Chairperson-EDP; MANUEL
JONATHAN SEE, EDP; HEADS: Rhouan Loseriaga (Civil Procedure), Czar Calabazaron (Special Proceedings), John Vincent
Ocampo (Criminal Procedure), Clarence Sotto (Evidence); MEMBERS: Darius Manlangit, Joy Formaran, Lourdes Barrero, Maricel
Echavez, Rita Marie Cubangbang, Maritoni Resurreccion, Albert Rebosa