AMENDMENT

CIVIL
CRIMINAL
Substantial: when?
Substantial: when?
w/o leave of court before a
w/o leave of court before the
responsive pleading is served
accused enters his plea
w/ leave of court if responsive
pleading has already been Formal
served
if made after plea there must be
leave of cour
Formal
motu proprio or upon motion
EXCEPTIONS TO ANY AMENDMENT
at any stage of the action

motion of the prosecutor

notice to the offended
party
w/ leave of court
GR: Actual damages has no filing fee
X: B.P. Blg. 22

DAMAGES: FILING FEE

CANNOT BE REFILED
1.
2.
3.
4.
NOT WAIVED IF FAILED TO PLEAD

IF it downgrades the nature of

the
offense
charged
OR
excludes any accuse

PERU
Prescription
Extinguished
Res judicata
Unenforceable
SLRP

1. No jurisdiction over the Subject

matter
2. Litis pendentia
3. Res judicata
4. Prescription

1. extinguished
2. double jeopardy

JEDD
1. no Jurisdiction over the offense
charged
2. Extinguished
3. Double jeopardy
4. Do not constitute an offense

BILL OF PARTICULARS

before responding to a pleading

10 days from service if reply

before arraignment
same content

PURPOSE PT

SAW ASO PSP

1. SIMPLIFICATION
of
the
issues;
2.
The
possibility
of
an
AMICABLE SETTLEMENT or of
a submission to alternative
modes of dispute resolution;
3. The limitation of the number of
WITNESSES;
4. The necessity or desirability of
AMENDMENTS
to
the
pleadings;
5. The possibility of obtaining
STIPULATIONS or admissions
of facts and of documents to
avoid unnecessary proof;
6. Such OTHER MATTERS as
may
aid
in
the
prompt
disposition of the action
7.
The
advisability
of
a
PRELIMINARY REFERENCE of
issues to a commissioner;
8. The advisability or necessity of
SUSPENDING
THE
PROCEEDINGS
9. The PROPRIETY of rendering
judgment on the pleadings, or
summary judgment, or of

MOMS PW
1. MARKING for identification of
evidence of the parties;
2. such OTHER MATTERS as will
promote a fair and expeditious
trial of the criminal and civil
aspects of the case.
3. MODIFICATION
OF
THE
ORDER OF TRIAL if the
accused admits the charge but
interposes a lawful defense;
4. STIPULATION OF FACTS;
5. PLEA BARGAINING;
6. WAIVER
of
objections
to
admissibility of evidence

dismissing the action should a

valid ground therefor be found
to exist
a) Fraud, accident, mistake or
excusable negligence which
ordinary prudence could not
have guarded against and by
reason
of
which
such
aggrieved
party
has
probably been impaired in
his rights; (FAME)
(b)
NEWLY
DISCOVERED
EVIDENCE, which he could not,
with reasonable diligence, have
discovered and produced at the
trial, and which if presented
would probably alter the result.

GROUNDS FOR NEW TRIAL

GROUNDS FOR
RECONSIDERATION

1.
2.
3.

GROUNDS FOR ATTACHMENT

1.

2.

ICE
the evidence is INSUFFICIENT
to justify the decision
damages awarded EXCESSIVE
the decision is CONTRARY TO
LAW
oCEAN
When
the
accused
has
CONCEALED,
removed,
or
disposed of his property, or is
about to do so;
When the criminal action is
based on a claim for money or
property
EMBEZZLED
or

(a)THE ERRORS OF LAW OR

IRREGULARITIES prejudicial
to the substantial rights of the
accused have been committed
during the trial;
(b) The NEW AND MATERIAL
EVIDENCE
HAS
BEEN
DISCOVERED
which
the
accused
could
not
with
reasonable
diligence
have
discovered and produced at the
trial and which if introduced and
admitted
would
probably
change the judgment

errors of law or fact in the

judgment

(a)In an action for the recovery

of a specified amount of money
or damages, other than moral
and exemplary, on a cause of
action
arising
from
law,
contract, quasi-contract, delict
or quasi-delict against a party
who is about to depart from the

fraudulently
misapplied
or
converted to the use of the
accused who is a public officer,
officer
of
a
corporation,
attorney, factor, broker, agent,
or clerk, in the course of his
employment as such, or by any
other person in a fiduciary
capacity, or for a willful violation
of duty;
3. When the accused is about to
ABSCOND from the Philippines;
4. When the accused resides
outside the Philippines. (NONRESIDENT)

Philippines
with
intent
to
defraud his creditors;
(b) In an action for money or
property
EMBEZZLED
or
fraudulently
misapplied
or
converted to his own use by a
public officer, or an officer of a
corporation, or an attorney,
factor, broker, agent, or clerk, in
the course of his employment
as such, or by any other person
in a fiduciary capacity, or for a
willful violation of duty;
(c) In an action to recover the
possession of property unjustly
or fraudulently taken, detained
or
converted,
when
the
property, or any part thereof,
has been concealed, removed,
or disposed of to prevent its
being found or taken by the
applicant or an authorized
person;
(d) In an action against a party
who has been guilty of a fraud
in contracting the debt or
incurring the obligation upon
which the action is brought, or
in the performance thereof;
(e) In an action against a party
who has removed or disposed of
his property, or is about to do

so, with intent to defraud his

creditors; or
(f) In an action against a party
who does not reside and is not
found in the Philippines, or on
whom summons may be served
by publication.