CRIMINAL PROCEDURE

Bill of Particulars
CIVIL CASE CRIMINAL CASE BEFORE THE COURT, OR AT LEAST BEFORE THE JUDGE where the case is pending as
Rule 12; must be filed before the filing of a responsive Rule 116; must be filed before arraignment required by the clear mandate of Section 15, Rule 119.
pleading or in case of a reply, within 10 days for receipt 2. The suggested suppletory application of Rule 23 in the testimonial examination of an unavailable
thereof prosecution witness has been categorically ruled out by the Supreme Court in the case of Vda.
De Manguerra in saying that criminal proceedings are primarily ruled by the Revised rules on
Directed against pleadings Directed against a Criminal Complaint or Information
criminal procedure
Denial: The moving party may file his responsive Denial: The accused may proceed with the arraignment
pleading within the period he is entitled to but in no case and enter his plea, unless the denial is tainted with
less than five days, unless the denial is tainted with GADLEJ, party may file a petition for certiorari Venue
GADLEJ, Certiorari
CIVIL CASES CRIMINAL CASES
Procedural Jurisdictional
Agreed upon Conferred by law
Ground for a motion to dismiss on the ground that Improper venue is a ground for motion to quash on the
PRE-TRIAL venue is improperly laid
In case of denial, file answer, and raise the ground as
ground of lack of jurisdiction over the offense charged
In case of denial: Proceed to arraignment, pre-trial,
PRE-TRIAL CIVIL (R18) PRE-TRIAL CRIMINAL (R118) affirmative defense. Then proceed to pre-trial, trial; and present evidence and incase of adverse decision,
How By ex parte motion of plaintiff Ordered by the court. in case of adverse decision, appeal and raise as one of appeal the judgment and raise as one of the errors the
commenced the errors the denial of the MTD denial of the motion to quash
Or by notice of Clerk of Court No motion necessary
When made After the last pleading has been filed or After arraignment and within thirty (30) days the court If there is GADLEJ, certiorari If there is GADLEJ, Certiorari
after the expiration of the period to file has acquire jurisdiction over the person of the
the same accused
Consideration Yes, it is an important objective No, it is not included as one of its purposes, except
ENTRAPMENT INSTIGATION
of amicable when it involves NIRC, Rape, BP22, Estafa, Criminal
The means originates from the mind of the criminal. The instigator induces the would be defendant into
settlement Negligence
Otherwise stated, the idea to commit the crime comes committing the offense and he himself becomes a co-
Agreements Not required to be signed by the parties Shall be reduced in writing and signed by the accused
from the criminal principal
and and their counsel. They are contained in and counsel; otherwise, they cannot be used against
admissions the record of pre-trial and the pre-trial the accused.
brief
INQUEST CUSTODIAL PRELIMINARY PRELIMINARY
Sanctions for Plaintiff – will result to the dismissal of If the counsel for the accused or prosecutor does not
INVESTIGATION INVESTIGATION INQUIRY
non- the case WITH PREJUDICE unless appear, and does not offer an acceptable excuse for
A summary inquiry Refers to any questioning Is an inquiry or proceeding to An inquiry to
appearance; otherwise ordered by the court lack of cooperation, the court may impose proper
conducted by a initiated by law enforcement determine whether there is determine the
to whom sanctions and penalties
prosecutor for the officers after a person has sufficient ground to engender probable cause for
imposed DEFENDANT – Ex parte presentation of
purpose of determining been taken into custody or a well-founded belief that the the issuance of
evidence
whether the warrantless otherwise deprived of his crime has been committed warrant of arrest
arrest of a person was freedom of action in any and the respondent is
based on probable significant way probably guilty thereof and
cause should be held for trial
Conducted by the Conducted by the law Conducted by the Judge determines
Deposition in criminal cases (GO V PEOPLE); conditional inquest prosecutor enforcement officer investigating prosecutor or
persons mentioned in
probable cause

Section 2, Rule 122

examination under s15r119 Conduced for the Conducted for the purpose of Conducted to determine
1. For the purpose of taking deposition in criminal cases, more particulary of a prosecution witness purpose of determining eliciting information or a whether there is sufficient
who would foreseeably be unavailable for trial, the testimonial examination SHOULD BE MADE whether or not said confession from the person ground to engender a well-
persons should remain founded belief that the crime
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under custody and arrested who committed a has been committed and the Based on a cause of action for the action to commence and The mere issuance of a bouncing check is the basis for the
correspondingly be crime respondent is probably guilty be due and demandable action of BP22. Scrutiny of the contract is immaterial
charged before the thereof and should be held
court for trial
DEMURRER TO EVIDENCE V MOTION TO QUASH
DEMURRER TO EVIDENCE (SECTION 23, RULE 119) MOTION TO QUASH (SECTION 3 OF RULE 117)
WITNESS RPOTECTION Filed after the prosecution rested its case
A litigated motion
Filed before the accused enters his plea
A litigated and omnibus motion
SECTION 17, RULE 119 RA 6981 Can be filed with or without leave of court
Immunity is granted by the court Immunity is granted by DOJ
Based on insufficiency of evidence presented by prosecution Based on the grounds set forth in Section 3 of Rule 117
No qualification of the offenses involved Offenses involved are grave offenses
Accused may present evidence if filed with leave or appeal Accused may proceed with the arraignment unless the
Contemplates a situation where the information has Contemplates a situation wherein the accused has not
the judgment if without leave denial is tainted with GADLEJ. Hence, Certiorari
been filed and the accused has been arraigned and the yet been arraigned and the case is not yet undergoing
case is undergoing trial trial Results in dismissal of the action and acquittal of the Results in the
Judicial in character Executive in character accused and the remedy of the prosecution is to appeal the 1. amendment of the complaint or information
civil liability or certiorari under Rule 65 2. Dismissal of the action (if it is grounded upon the
extinction of criminal action or liability), or
3. Double jeopardy
Made either by the initiative of the court or upon motion of Made upon the motion of the accused
COMPLAINT VS INFORMATION the accused
COMPLAINT (Section 3, Rule 110) INFORMATION (Section 4, Rule 110)
A sworn written statement charging a person with an An accusation in writing charging a person with an
offense offense
Subscribed to by the offended party, peace officer, or
any other public officer charged with the enforcement of
Subscribed to by the prosecutor and filed in court
DEMURRER IN CIVIL V CRIMINAL
the law violated CIVIL (RULE 33) CRIMINAL (RULE 119, Section 23)
An adjudication on the merits which is definitely subject of Tantamount to an acquittal and the dismissal order ma not
an appeal be appealed because this would place the accused in double
jeopardy. Although the dismissal order is not subject to
AMENDMENT V SUBSTITUTION The court may not motu proprio dismiss the case
appeal, it is still reviewable only by Certiorari under rule 65
The court may motu proprio dismiss the case
AMENDMENT SUBSTITUTION May simply be filed without leave of court but the denial May be filed with or without leave of court. If the court
May either involve formal or substantial changes Necessarily involves a substantial change from the original thereof will still allow the defendant to present his evidence denies the demurrer to evidence filed with leave of court,
charge the accused may adduce evidence in his defense. When the
If made before the plea, can be effected without leave of Must be made with leave of court as the original demurrer to evidence is filed without leave of court, the
court information has to be dismissed accused waives the right to present evidence and submits
Where amendment is only as to form, there is no need for In substitution, another preliminary investigation is the case for judgment on the basis of the evidence for the
another preliminary investigation and the retaking of the necessary and the accused has to plead anew to the new prosecution
plea of the accused information
Refers to the same offense charged in the original Substitution requires or presupposes that the new
information or to an offense which necessarily includes or is information involves a different/offenses which does not
necessarily included in the original charge, hence substantial
amendments to the information after the plea has been
include or is not necessarily included in the original charge,
hence accused cannot claim double-jeopardy
DISTINGUISH MOTION FOR NEW TRIAL/RECONSIDERATION
taken cannot be made over the objection of the accused as
he could invoke double jeopardy UNDER RULE 121 AND A MOTION FOR NEW
TRIAL/RECONSIDERATION UNDER RULE 124
RULE 121 (SECTONS 1-3) RULE 124 (14-16)
ACTIONS FOR RECISSION OF CONTRACT IS NOT PREJUDICIAL TO Filed with the first level courts, upon motion of the accused
or at its own instance, with the consent of the accused
Filed with the Court of Appeals

VIOLATION OF BP22 (REYES V ROSSI (2013) ) Filed at any time before a judgment of conviction becomes
final
In case of a Motion for a New Trial, it is filed after the appeal
from the lower court has been perfected and before the
RECISSION OF CONTRACT VIOLATION OF BP22 judgment of the Court of Appeals convicting the Appellant

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 before final judgment. In case of Motion for iii. Probation
Reconsideration, it shall be filed within 15 days from notice iv. Reconsideration
of the decision or final order of the Court of Appeals, with 19. Appeal with RTC/CA/Sandigan/CTA-SC (Rules 122-125)
copies served upon the adverse party, setting for the 20. Service of sentence/execution of civil liability
grounds in support thereof
Grounds for a New Trial under Rule 121 are as follows: Grounds for a New Trial under rule 124 are:
1. Errors of law or irregularities prejudicial to the 1. Newly discovered evidence material to his
substantial rights of the accused have been defense
committed during trial Flow chart 2
2. Newly discovered evidence 1. Acts of omission committed by a person against another punishable by penal laws
2. Arrest by officer without warrant (Section 5, Rule 113)
3. Custodial investigation (RA 7438)
4. Filing of complaint before the office of the prosecutor for INQUEST proceeding or Filing a motion to conduct
Flow Chart 1 5.
PRELIMINARY INVESTIGATION with waiver under Art. 125 of RPC if information has not been filed
Issuance of recommendation, either filing of the information or release of the person arrested for further
1. Act or Omission committed by a person against another punishable by penal laws proceeding
2. Filing of a complaint AND referral of the case with the Barangay for Conciliation 6. Filing of the criminal information before the court
a. If parties agree – Compromise agreement a. Remedies
b. If parties do not – Certificate to file action i. Filing of motion to conduct preliminary investigation
3. Filing of an Affidavit – complaint before the prosecutor’s office for the preliminary investigation (IF ii. Posting of bail/reduction OR petition for bail
REQUIRED) iii. Motion to quash information
4. Issuance of a Subpoena or Dismissal by the investigating prosecutor iv. Motion for bill of particulars
5. Submission of the counter-affidavit within 10 days by the respondent 7. Arraignment and plea (Rule 116)
6. Issuance of a resolution by the investigating prosecutor 8. Pre-trial conference (Rule 118) Mediation and conciliation/Judicial dispute resolution
7. Filing of a motion for reconsideration within 15 days from notice of the resolution 9. Trial (Rule 119) Presentation of prosecution’s evidence UNLESS inverted trial is allowed
8. Filing of a petition for review with the SOJ within 15 days from notice 10. Demurrer to evidence with or without leave of court
9. Filing of motion for reconsideration within 15 days from notice of the resolution by the DOJ a. If granted, case is dismissed and is accused is acquitted (Double jeopardy applies)
10. Filing of petition for certiorari under Rule 65 i. Remedy is certiorari
11. Filing of the Criminal information before the court (Section 1, Rule 110) b. If denied:
12. Issuance of Warrant of Arrest i. If filed with leave: Accused presents evidence
a. Remedies ii. If filed without leave:
i. Motion to suspend proceeding 1. Motion for reconsideration or
1. If denied, proceed with arraignment 2. Appeal the judgment
2. If granted, proceeding is suspended 11. Presentation of evidence (Rule 119)
ii. Posting of bail/reduction 12. Rendition AND promulgation of judgment (rule 120)
iii. Motion for bill of particulars a. Remedies
iv. Motion to quash the information i. New trial
1. If denied - proceed with arraignment ii. Re-opening of the case
2. If granted – Refile or certiorari iii. Probation
13. Arraignment and Plea (rule 116) iv. Reconsideration
14. Pre-trial conference (Rule 118), Mediation and conciliation/Judicial dispute resolution 13. Appeal RTc/CA/Sandiganbayan/CTA-SC
15. Trial (Rule 119) – Presentation of prosecution’s evidence unless inverted trial is allowed 14. Service of sentence/Execution of civil liability
16. Demurrer to Evidence with or without leave of court (Section 23, Rule 119)
a. If granted – case dismissed and accused is acquitted- double jeopardy

b. If denied
i. Remedy is certiorari under Rule 65 Flow chart 3
i. If filed with leave: Presentation of evidence of accused 1. Acts of omission committed by a person against another punishable by penal laws
ii. If filed without leave: Motion for reconsideration or appeal the judgment 2. Filing of an affidavit-complaint before the prosecutor’s office for preliminary investigation
17. Presentation of defense evidence (Rule 119) 3. Issuance of a subpoena or dismissal by the investigating prosecutor
18. Rendition and promulgation of judgment (rule 120) 4. Submission of counter-affidavit within 10 days by the respondent
a. Remedies: 5. Issuance of a resolution by the investigating prosecutor
i. New Trial 6. Filing of a motion for reconsideration within 15 days from notice of the resolution
ii. Re-opening of the case 7. Filing of a petition for review with the SOJ within 15 days from notice

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 8. Filing of a motion for reconsideration within 15 days a. Remedies
9. Filing of the criminal information before the court i. New trial
10. Issuance of warrant of arrest ii. Re-opening of the case
a. Remedies iii. Probation
i. Motion to suspend proceeding iv. Reconsideration
ii. Posting of bail/Reduction 9. Appeal RTc/CA/Sandiganbayan/CTA-SC
iii. Motion to quash the information 10. Service of sentence/Execution of civil liability
iv. Motion for bill of particulars
11. Arraignment and plea (Rule 116)
12. Pre-trial conference (rule 118); Mediation and conciliation
13. Trial (Rule 119) Presentation of prosecution’s evidence unless inverted trial is allowed
14. Demurrer to evidence with or without leave of court (section 23, Rule 119) Flow chart no. 5
a. If granted, case is dismissed and is accused is acquitted (Double jeopardy applies) 1. Acts or omission committed by a person in violation of penal laws
i. Remedy is certiorari 2. Application for search warrant and personal examination of the applicant and the witness to establish
b. If denied: probable cause
i. If filed with leave: Accused presents evidence 3. Issuance and implementation of a search warrant and filing of a motion to quash search warrant
ii. If filed without leave: a. Arrest of the owner and custodial investigation
1. Motion for reconsideration or i. Inquest proceeding
2. Appeal the judgment b. If not arrested – Filing of complaint with the prosecutors
15. Presentation of defense evidence (Rule 119) i. Preliminary investigation
16. Rendition and promulgation of judgment under Rule 120 ii. Issuance of a resolution by the investigating prosecutor
a. Remedies iii. Filing of a motion for reconsideration within 15 days from notice of the resolution
i. New trial iv. Filing of a petition for review with the SOJ within 15 days from notice
ii. Re-opening of the case 4. Filing of the criminal information
iii. Probation a. Remedies
iv. Reconsideration i. Filing of motion to conduct preliminary investigation within 5 days
17. Appeal RTC/CA/Sandiganbayan/CTA-SC (Rule 122-125) ii. Posting of bail/reduction OR petition for bail
18. Service of sentence/Execution of civil liability iii. Motion to quash the information
iv. Motion for bill of particulars
5. Arraignment and plea (Rule 116)
6. Pre-trial conference (Rule 18) Mediation and conciliation; Judicial dispute resolution
7. Trial (Rule 119) – Presentation of prosecution’s evidence unless inverted trial is allowed
Flow chart 4 8. Demurrer to evidence with or without leave of court
1. Acts of omission committed by a person against another punishable by penal laws a. If granted, case is dismissed and is accused is acquitted (Double jeopardy applies)
2. Filing of the criminal complaint directly with the court by the offended party of by the officer in charge with i. Remedy is certiorari
the enforcement by the law b. If denied:
a. Remedies i. If filed with leave: Accused presents evidence
i. Posting of bail/Reduction OR Petition for bail ii. If filed without leave:
ii. Motion to quash information 1. Motion for reconsideration or
iii. Motion for bill of particulars 2. Appeal the judgment
3. Arraignment and plea (Rule 116) 9. Presentation of defense evidence (Rule 119)
4. Pre-trial conference (Rule 118) Mediation and conciliation/Judicial dispute resolution 10. Rendition and promulgation of judgment (Rule 120)
5. Trial (Rule 119) Presentation of prosecution’s evidence UNLESS inverted trial is allowed a. Remedies
6. Demurrer to evidence with or without leave of court i. New trial
a. If granted, case is dismissed and is accused is acquitted (Double jeopardy applies) ii. Re-opening of the case
i. Remedy is certiorari iii. Probation
b. If denied: iv. Reconsideration
i. If filed with leave: Accused presents evidence 11. Appeal RTc/CA/Sandiganbayan/CTA-SC
ii. If filed without leave: 12. Service of sentence/Execution of civil liability
1. Motion for reconsideration or
2. Appeal the judgment
7. Presentation of evidence (Rule 119)
8. Rendition AND promulgation of judgment (rule 120)
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Flow chart of the Appeal/Review process
1. Resolution of the city/provincial/regional state prosecutor
2. Motion for reconsideration
3. Petition for review to the SOJ under DOJ Circular no. 70
4. Motion for reconsideration within 10 days
a. Petition for review to the Office of the President if the penalty is reclusion perpetua or life
imprisonment within 10 days
i. Motion for reconsideration
ii. Petition for review to the CA under Rule 43 within 15 days
iii. Motion for reconsideration
b. Petition for certiorari under rule 65 to the Court of appeals if the penalty imposable is less than
reclusion perpetua within 60 days
i. Motion for reconsideration
5. Petition for review on certiorari to the Supreme Court under Rule 45 within 15 days

Procedural flow of the process in the Supreme Court

1. A petition for review on Certiorari under rule 45 (relating only to questions of law) within 15 days from
a. notice of judgment or final order of lower court, Or
b. denial of motion for new trial or reconsideration
2. Appellant serves copies of petition on adverse parties and lower court, and pays appropriate Docket fees
and Costs
3. Supreme Court may
a. Dismiss petition, or
b. Require appellee to comment
4. If petition is given due course, parties are required to submit memoranda or brief
5. Supreme Court renders judgment
a. Affirm/reverse/modify
6. Entry of Judgment and execution

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EVIDENCE
EVIDENCE
Evidence is the medium of proof or the means
sanctioned by the rules in ascertaining the truth
respecting a matter of fact
FACTUM PROBANDUM
The ultimate fact or facts sought to be established
ADMISSIBILITY OF EVIDENCE
The admissibility of evidence depends on its relevance
and competence
The admissibility of a particular item of evidence has to
do with whether it meets various tests by which its
reliability is to be determined, so as to be considered
with other evidence admitted in the case in arriving at a
decision as to the truth
Admissibility refers to the question of whether certain
pieces of evidence are to be considered at all
ADMISSIBILITY
Refers to the question of whether or not the
circumstance (or evidence) is to be considered at all
ADMISSIBILITY OF EVIDENCE
Admissibility of evidence refers to the duty of the court
to receive or allow the evidence
RELEVANCY OF EVIDENCE
Must have a relation to the fact in issue as to induce
belief as to its existence of non-existence
RIGHT TO SPEEDY DISPOSITION OF CASES
Constitutional right
Applicable in all cases whether civil, criminal, special
proceedings or administrative proceedings
It covers the stage from commencement of the case up
to termination
JUDICIAL ADMISSION
Is an admission, verbal or written, made by a party in
the course of the proceedings in the same case
Does not result in liability
May be express or implied
More of a broader scope which includes judicial
confession
May be made by any party
PROOF
Proof is the effect or end result of evidence
JUDICIAL ADMISSION
An admission made in the same case
Need not be proven by the party being conclusive on
FACTUM PROBANS the part of the admitter, unless it was made through
The evidentiary fact or facts by which factum palpable mistake or when there is no admission made
probandum is to be established
ORIGINAL IS IN THE POSSESSION OF ADVERSE
WEIGHT OF EVIDENCE PARTY UNDER SECTION 6, RULE 130
Pertains to evidence already admitted and its tendency Exception to the best evidence rule
to convince and persuade The production of the original document is obtained by
The weight of evidence is not determined mere notice to the adverse party
mathematically by the numerical superiority of the
witnesses testifying to a given fact, but depends upon It presupposes that proponent is presumed to have
its practical effect in inducing belief on the part of the knowledge of the contents of the document.
judge trying the case
Weight of evidence refers to the question of whether The requirements for such notice must be complied
the admitted evidence proves an issue with as a condition precedent for the presentation of
secondary evidence by the proponent
The purpose is the presentation of secondary evidence
PROBATIVE WEIGHT OF EVIDENCE in lieu of the original
Refers to the question of whether or not it proves an
issue
PAROL EVIDENCE RULE (Section 9, Rule 130)
The original of the documents is available in court
CREDIBILITY OF EVIDENCE
Prohibits the varying terms of the written agreement
Credibility of evidence refers to the worthiness of belief
of the evidence
The controversies is between the parties the written
agreement
COMPETENCY OF EVIDENCE
Must not be excluded by law or by the rules COMPETENCY OF A WITNESS
Refers to the qualification of the witness who can
perceive, perceiving and making known his perceptions
to others
RIGHT TO SPEEDY TRIAL
Statutory right
It is a criminal concept and therefore it is applicable in ADMISSION
criminal case Is a statement of fact which does not involve
It covers the stage of the period of presentation of acknowledgement of fault or liability
evidence or trial Admission may be express or implied
More of a broader scope which includes confession
May be made by any party
JUDICIAL CONFESSION
An acknowledgement of one’s guilty in the same case
DECLARATION AGAINST INTEREST
Connotes admission of one’s liability
Made against the proprietary or pecuniary interest
Always express or tacit
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Only limited to the confession of a person
Can only be made by the accused in a criminal
proceeding
EXTRAJUDICIAL ADMISSION
An admission made in another case or out of court
admission
Needs to be alleged and proved like any other fact
PRODUCTION AND INSPECTION OF DOCUMENTS
UNDER RULE 27
Mode of discovery
The production of the document being a mode of
discovery is by way of motion filed before the court and
allowed only based on good cause shown
It contemplates a scenario where the movant has no
prior knowledge of the contents of the documents to be
produced
The party seeking the production of the documents is
not sufficiently informed of the contents of said
documents
The purpose is for copying, inspection, photographing
of evidence
Best Evidence Rule (Section 3, Rule 130)
The original of the document is not available in court
Prohibits the introduction of substitutionary or
secondary evidence
Involves any parties to the action
CREDIBILITY OF A WITNESS
Refers to the disposition and intention of the witness to
tell the truth in the testimony he has given
CONFESSION
Is an acknowledgement of one’s guilty or liability
Always express or tacit
Is only limited to the confession of a person
Can only be made by the accused
ADMISSION
Need not be against the proprietary or pecuniary
interest
Made by a person who is either deceased or unable to
testify
Made ante litem mortem
RES GESTAE
May be that of the killer himself after or during the
killing
The statement may precede, accompany or be made
after the homicidal act was committed
Has its basis on spontaneity of the statement
BURDEN OF PROOF
Does not shift as it remains throughout the trial with the
party upon whom it is imposed
Generally determined by the pleadings filed by the
party
TRIAL
Limited only to the presentation of evidence and
witnesses before the court
LETTER COMMISSION
An instrument issued by a court of justice, or other
competent tribunal to authorize a person to take
depositions, or do any other act by authority of such
court or tribunal
Addressed to a non-judicial foreign officer who will take
the deposition
The rules which are applicable are those of the
requesting court
Allowed if permission of the foreign country is given
Leave of court is not necessary
DEPOSITION
Taking of the testimony requires notice to the other
party
It may be taken in the form of a question an answer
based on oral examination or written interrogatories
before unauthorized persons
May be used as evidence in a pending case
SPOUSAL IMMUNITY RULE (SECTION 22, RULE
130)
One spouse should be a party to a case
Made by a party himself, and it is a primary evidence Applies only if the marriage is existing at the time the Does not cease even if the marriage is dissolved
though he be present in court and ready to testify testimony is offered
Made at any time Constitutes a total prohibition on any testimony for or Prohibition is limited to testimony on confidential
against the spouse of the witness communications between spouses
DYING DECLARATION
Can be made only by the victim JUDICIAL CONFESSION (SECTION 33 RULE 130) EXTRAJUDICIAL CONFESSION (SECTION 3, RULE
133)
Made only after the homicidal attack has been One made before a court in which the case is pending One made in any other place or occasion and cannot
committed and in the court in which the case is pending and in the sustain a conviction unless corroborated by corpus
Being given based upon the awareness of an course of a legal proceeding therein and, by itself can delicti
impending death sustain a conviction even in capital offenses
BURDEN OF EVIDENCE
Shifts from party to party depending on the exigencies
of the case in the course of the trial
Generally determined by the developments in the trial,
or by the provisions of substantive law or procedural
rules which may relieve the party from presenting
evidence of the fact alleged
HEARING
Broader in its scope and it includes pre-trial
conference, hearing on the motion and trial
LETTERS ROGATORY
An instrument whereby a foreign court is informed of
the pendency of a case and the name of the foreign
witness, and is requested to cause their depositions to
be taken in due course of law for furtherance of justice,
with an offer on the part of the court making the
request, to do the like for the other, in a similar case
Addressed to a judicial officer of a foreign country who
will direct the taking of the deposition
The procedure applicable will that be of the foreign
court
Allowed if commission was disallowed by the foreign
country
Leave of court is necessary
AFFIDAVIT
May be taken ex parte
Affidavit being ex parte need not be in such form
May or may not be used in a proceeding
PRIVILEGED MARITAL COMMUNICATION RULE
(SECTION 24 RULE 130)
Neither of the spouses should be a party case
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 compensation as provided in the

SPECIAL PROCEEDINGS will

SPECIAL PROCEEDINGS VS SUMMARY SETTLEMENT OF ESTATE REGULAR ADMINISTRATOR V SPECIAL ADMINISTRATOR

OF SMALL VALUE
EXTRAJUDICIAL SETTLEMENT (SECTION 1, RULE
74)
No court intervention is required
Value of estate is immaterial
Allowed only in intestate succession
There must be no outstanding debts at the time of the
settlement of the estate
Resorted to at the instance of and by agreement of all
heirs
Amount of bond is equivalent to the value of personal
property
SUMMARY SETTLEMENT OF ESTATE OF SMALL
VALUE (SECTION 2, RULE 74)
Judicial adjudication is required although summary
Gross value must not exceed Php 10,000
Allowed in both testate and intestate succession
Available even if there are debts; it is the court which
will make a provision for its payment
May be instituted by any interested party, even a
creditor of the estate without the consent of all heirs
Amount of bond is to be determined by the court
REGULAR ADMINISTRATOR (RULE 78)
The court’s order of appointment, being a final order,
may be appealed
One of the obligations is to pay and discharge all the
debts
Appointed only when the decedent dies intestate, fails
to appoint an executor in his will, or the will of the
testator was disallowed
SPECIAL ADMINISTATOR (RULE 80)
The court’s order of appointment, being interlocutory is
not appealable and may only be challenged through a
special civil action for certiorari raising as a ground
grave abuse of discretion amounting to lack or excess
of jurisdiction
A Special Administrator is not empowered to pay the
estate’s debts
Appointed only if there is a delay in the granting of the
letters of testamentary or administration or, when the
executor or administrator is a claimant against the
estate but only as to the portion over which there is a
claim

DISTINCTIONS BETWEEN EXECUTOR AND ADMINISTRATOR

EXECUTOR ADMINISTRATOR Escheat v Expropriation
How appointed Nominated by the testator and Appointed by the court in the ESCHEAT EXPOPRIATION
appointed by the court following instances: No payment of just compensation Payment of just compensation is required
1. The will did not appoint Taking is not for a public purpose Taking of property is for a public purpose
an executor Founded under Rule 91 of the Rules Founded under Rule 67 of the Rules of Court and is a
2. The executor appointed Special Civil Action
in the will is incompetent,
refused the appointment,
or failed to give a bond
3. The will was disallowed
4. The deceased died
intestate
Obligation to present the will in Executor is required to present the No such requirement
court will to the court within 20 days after
the knowledge of the testator’s
death or after he knows that he was
appointed as executor
Bond Testator may direct that the Always required to file a bond
executor serve without bond or
conditioned only to pay the
testator’s death; but the court may
require the executor to execute a
bond in case of a change in
circumstance for other sufficient
cause
Amount of compensation If the testator makes a provision in Amount is fixed by Rule 85 Section
the will for the compensation of his 7
executor, that provision shall be a
full satisfaction for his services,
unless he renounces by a written
instrument all the claim to the

REM 2 TABLES/DEAN TAN/ A.QUEBAL (2019)