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[1] AUTER ACTION PENDANT: It refers to the situation where two actions are
pending between the same parties for the same cause of action, so that one of
them becomes unnecessary and vexatious. It is based on the policy against
multiplicity of suits.
[2] BERRY RULE: Filing of motion for new trial based on newly discovered
evidence which cannot be produced in court despite exercise of due diligence,
and if considered would probably alter the outcome of the case.
[3] BUBBLE BURST THEORY: The rule on presumption of law shall not apply
in case there is evidence to the contrary.
[5] CONTINUING THREAT: In order that writ of amparo can be issued, the
threat on the right to life liberty or security must be actual and continuing and
not merely imaginary, thereby depriving the petitioner of his said right from the
inception up to the termination of the case.
[6] FALSA DEMONSTRATIO NON NOCET: It is a rule which states that where
there are two descriptions in a deed, the one as it were, super added to the
other, and one description being complete and sufficient in itself, and the other
which is subordinate and super added is incorrect, the incorrect description or
feature or circumstance of the description is rejected as a surplusage, and the
complete and correct description is allowed to stand alone. (Please see: Myers
vs. Ladd, 26 Ill, 515, 417)
[13] JUDICIAL COURTESY: “[d]ue respect for the Supreme Court and practical
and ethical considerations should have prompted the appellate court wait for
the final determination of the petition [for certiorari] before taking cognizance of
the case and trying to render moot exactly what was before this [C]ourt.” The
principle of judicial courtesy applies only “if there is a strong probability that
the issues before the higher court would be rendered moot and moribund as a
result of the continuation of the proceedings in the lower court.”(Juan Trajano
aka Johnny vs. Uniwide Sales Warehouse ClubG.R. 190253, June 11, 2014)
[14] LAW OF THE CASE: It has been defined as the opinion delivered on a
former appeal, and means, more specifically, that whatever is once irrevocably
established as the controlling legal rule of decision between the same parties in
the same case continues to be the law of the case, whether correct on general
principles or not, so long as the facts on which such decision was predicated
continue to be the facts of the case before the court.
[15] MATERIAL DATES: Under the material dates rule, a petition must alleged
three (3) material dates which is necessary which are as follows: 1) The date
when the judgment or final order or resolution was received; 2) The date when
the motion for reconsideration or new trial was filed; and 3) The date when the
notice of the denial thereof was received. (Great Southern Maritime Services
Corporation vs. Acuna, 452 SCRA 422, February 28, 2005)
[24] SET-OFF: A permissive counterclaim does not arise out of and is not
connected with the transaction or occurrence constituting the subject matter of
the opposing party’s claim which required the presence of a third person for its
adjudication;
[25] SEXUAL ABUSE SHIELD: The following evidence is not admissible in any
criminal proceeding involving alleged child sexual abuse: (1) Evidence offered to
prove that the alleged victim engaged in other sexual behavior; and(2) Evidence
offered to prove the sexual predisposition of the alleged victim. (b) Exception. —
Evidence of specific instances of sexual behavior by the alleged victim to prove
that a person other than the accused was the source of semen, injury, or other
physical evidence shall be admissible.
[30] VIATORY RIGHT OF WITNESS: If the witness resides more than 100 km
from the place where he is to travel by the ordinary course of travel, or if he is a
detention prisoner and no permission is obtained from the court in which his
case is pending, then he cannot be compelled to attend the trial. The right is
available only in CIVIL cases.