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CIVIL PROCEDURE

Actions ................................. 14
ACTION VS CAUSE OF ACTION .......................... 14
General Principles ................. 2
CONCEPT OF REMEDIAL LAW ............................ 2 MEANING OF ORDINARY CIVIL ACTIONS ........ 14
CONCEPT ............................................................... 2
APPLICABILITY ........................................................ 2 MEANING OF SPECIAL CIVIL ACTIONS ............. 14
PROSPECTIVITY/RETROACTIVITY ................................ 2
MEANING OF CRIMINAL ACTIONS ................... 14
SUBSTANTIVE LAW AS DISTINGUISHED FROM
REMEDIAL LAW ................................................. 2 CIVIL ACTIONS VERSUS
REMEDIAL LAW OR PROCEDURAL LAW ......................... 2 SPECIAL PROCEEDINGS .................................. 14
DISTINCTIONS BETWEEN CIVIL ACTIONS AND SPECIAL
SUBSTANTIVE LAW ................................................... 2
PROCEEDINGS ....................................................... 14

RULE-MAKING POWER OF THE SUPREME COURT2


PERSONAL ACTIONS AND REAL ACTIONS ...... 15
LIMITATIONS ON THE RULE-MAKING POWER OF THE
IMPORTANCE OF DISTINCTION ................................... 15
SUPREME COURT ..................................................... 2
POWER OF THE SUPREME COURT TO AMEND AND SUSPEND LOCAL AND TRANSITORY ACTIONS ................ 15
PROCEDURAL RULES ................................................ 2

NATURE OF PHILIPPINE COURTS ..................... 3 Cause of Action ................... 16


MEANING OF A COURT ........................................... 3 MEANING OF CAUSE OF ACTION ...................... 16
COURT AS DISTINGUISHED FROM A JUDGE ................... 3
CLASSIFICATION OF PHILIPPINE COURTS ...................... 3 ELEMENTS OF A CAUSE OF ACTION ................. 16
COURTS OF ORIGINAL AND APPELLATE JURISDICTION ..... 4
RIGHT OF ACTION VERSUS CAUSE OF ACTION . 16
COURTS OF GENERAL AND SPECIAL JURISDICTION ......... 4
CONSTITUTIONAL AND STATUTORY COURTS ............... 4
FAILURE TO STATE A CAUSE OF ACTION .......... 17
COURTS OF LAW AND EQUITY.................................. 4
PRINCIPLE OF JUDICIAL HIERARCHY .......................... 4 TEST OF THE SUFFICIENCY OF A CAUSE OF
DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF ACTION ............................................................. 17
JUDICIAL STABILITY ............................................. 4
SPLITTING A SINGLE CAUSE OF ACTION AND ITS
Jurisdiction ............................ 4 EFFECTS ........................................................... 17
EFFECTS OF SPLITTING A CAUSE OF ACTION ................. 17
JURISDICTION .................................................... 4 BASIS .................................................................. 17
PURPOSE ............................................................. 17
JURISDICTION IN GENERAL ............................... 4
JURISDICTION OVER THE PARTIES ............................... 4
JOINDER AND MISJOINDER OF CAUSES OF
JURISDICTION OVER THE SUBJECT MATTER ................... 5
ACTION ............................................................. 17
JURISDICTION OVER THE ISSUES ................................. 6
JOINDER OF CAUSE OF ACTION .................................. 17
JURISDICTION OVER THE RES OR PROPERTY IN LITIGATION 6
PURPOSES ........................................................... 17
REQUISITES .......................................................... 17
SPECIFIC JURISDICTION .................................... 7 MISJOINDER OF CAUSES OF ACTION ........................... 17
JURISDICTION OF COURTS ......................................... 7

JURISDICTION OVER SMALL CLAIMS, CASES Parties to Civil Actions ....... 18


COVERED BY THE RULES ON SUMMARY REQUIREMENTS FOR A PERSON TO BE A PARTY
PROCEDURE AND BARANGAY CONCILIATION . 13 TO A CIVIL ACTION ............................................ 18
DEFINITION .......................................................... 13 PARTIES TO A CIVIL ACTION ............................. 19
PURPOSE ............................................................. 13
SCOPE ................................................................. 13 REAL PARTIES IN INTEREST; INDISPENSABLE
APPLICABILITY ....................................................... 13 PARTIES; REPRESENTATIVES AS PARTIES;
PROHIBITED PLEADINGS ......................................... 14 NECESSARY PARTIES; INDIGENT PARTIES;
TOTALITY RULE ..................................................... 14 ALTERNATIVE DEFENDANTS ........................... 19
REAL PARTY IN INTEREST ........................................ 19
INDISPENSABLE PARTIES ........................................ 20 CROSS-CLAIMS ..................................................... 27
REPRESENTATIVE AS PARTIES .................................. 20 THIRD (FOURTH, ETC.) PARTY COMPLAINTS ................ 27
NECESSARY PARTY ................................................ 20 COMPLAINT-IN-INTERVENTION ................................ 28
INDIGENT PARTY ................................................... 20 REPLY ................................................................ 28
ALTERNATIVE DEFENDANTS .................................... 20
PLEADINGS ALLOWED IN SMALL CLAIM CASES
COMPULSORY AND PERMISSIVE JOINDER OF AND CASES COVERED BY THE RULES ON
PARTIES ............................................................21 SUMMARY PROCEDURE .................................. 28
COMPULSORY JOINDER OF INDISPENSABLE PARTIES ......21 PROHIBITED PLEADINGS, MOTIONS OR PETITIONS ....... 28
PERMISSIVE JOINDER ..............................................21 FORMS USED UNDER THE RULE OF PROCEDURE UNDER
SMALL CLAIMS CASES ............................................. 29
MISJOINDER AND NON-JOINDER PROHIBITED PLEADINGS AND MOTIONS ...................... 29
OF PARTIES ......................................................21
PARTS OF A PLEADING .................................... 29
CLASS SUIT .......................................................21 CAPTION ............................................................. 29
REQUISITES ..........................................................21 BODY ................................................................. 29
CLASS SUIT AND DERIVATIVE SUIT, COMPARED ............ 22 SIGNATURE AND ADDRESS ...................................... 29
VERIFICATION AND CERTIFICATION AGAINST FORUM
SUITS AGAINST ENTITIES WITHOUT JURIDICAL SHOPPING ........................................................... 29
PERSONALITY .................................................. 22 EFFECT OF THE SIGNATURE OF COUNSEL IN A PLEADING 30
REQUISITES ......................................................... 22
ALLEGATIONS IN A PLEADING ........................ 30
EFFECT OF DEATH OF PARTY LITIGANT ........... 22 MANNER OF MAKING ALLEGATIONS .......................... 30
SUBSTITUTION OF PARTIES ...................................... 22 PLEADING AN ACTIONABLE DOCUMENT ...................... 31
ACTION ON CONTRACTUAL MONEY CLAIMS ................. 22 SPECIFIC DENIALS .................................................. 31
TRANSFER OF INTEREST DURING THE PENDENCY OF THE
ACTION ............................................................... 22 EFFECT OF FAILURE TO PLEAD ....................... 32
FAILURE TO PLEAD DEFENSES AND OBJECTIONS .......... 32

Venue ................................... 23 FAILURE TO PLEAD A COMPULSORY COUNTERCLAIM AND


CROSS-CLAIM ...................................................... 32
VENUE VERSUS JURISDICTION ........................ 23
DISTINCTIONS BETWEEN VENUE AND JURISDICTION ...... 23
DEFAULT ......................................................... 32
WHEN A DECLARATION OF DEFAULT IS PROPER ........... 32
VENUE OF REAL ACTIONS ................................ 23 EFFECT OF AN ORDER OF DEFAULT ........................... 32
RELIEF FROM AN ORDER OF DEFAULT ........................ 33
VENUE OF PERSONAL ACTIONS ...................... 23 EFFECT OF A PARTIAL DEFAULT ................................ 33
EXTENT OF RELIEF ................................................. 33
VENUE OF ACTIONS ACTIONS WHERE DEFAULT ARE NOT ALLOWED ............ 33
AGAINST NON-RESIDENTS .............................. 24
FILING AND SERVICE OF PLEADINGS .............. 34
WHEN THE RULES ON VENUE DEFINITION ......................................................... 34
DO NOT APPLY ................................................. 24 PAPERS REQUIRED TO BE FILED AND SERVED .............. 34
PAYMENT OF DOCKET FEES ..................................... 34
EFFECTS OF STIPULATIONS ON VENUE ........... 24 FILING VERSUS SERVICE OF PLEADINGS ...................... 35
PERIODS OF FILING OF PLEADINGS ............................ 35
OTHER RULES ON VENUE ................................ 24 MANNER OF FILING ............................................... 35
MODES OF SERVICE ............................................... 36

Pleadings ............................24 AMENDMENT ...................................................37


DEFINITION ..................................................... 24
HOW TO AMEND PLEADINGS .....................................37
AMENDMENT AS A MATTER OF RIGHT ....................... 38
KINDS OF PLEADINGS ..................................... 25
AMENDMENTS BY LEAVE OF COURT ........................... 38
PLEADINGS ALLOWED ............................................ 25
FORMAL AMENDMENT ........................................... 38
COMPLAINT ......................................................... 25
AMENDMENTS TO CONFORM TO OR AUTHORIZE
ANSWER ............................................................. 25
PRESENTATION OF EVIDENCE .................................. 38
COUNTERCLAIMS .................................................. 25
DIFFERENT FROM SUPPLEMENTAL PLEADINGS ............ 38
EFFECT OF AMENDED PLEADING ............................... 39 MOTIONS VERSUS PLEADINGS ................................. 42
CONTENTS AND FORM OF MOTIONS .......................... 42
NOTICE OF HEARING AND HEARING OF MOTIONS .......... 43
Summons ............................39 OMNIBUS MOTION RULE ......................................... 43
NATURE AND PURPOSE OF SUMMONS IN LITIGATED AND EX PARTE MOTIONS .......................... 43
RELATION TO ACTIONS IN PERSONAM, IN REM PRO-FORMA MOTIONS ........................................... 43
AND QUASI IN REM .......................................... 39
PURPOSE ............................................................ 39 MOTIONS FOR BILL OF PARTICULARS ............ 43
ISSUANCE OF SUMMONS ........................................ 39 BILL OF PARTICULARS ............................................ 43
CONTENTS OF SUMMONS ........................................ 39 PURPOSE AND WHEN APPLIED FOR ........................... 44
ACTIONS OF THE COURT ......................................... 44
VOLUNTARY APPEARANCE ............................. 39 COMPLIANCE WITH THE ORDER AND EFFECT OF NON-
GENERAL RULE ..................................................... 39 COMPLIANCE ....................................................... 44
EXCEPTION .......................................................... 39 EFFECT ON THE PERIOD TO FILE
WHO SERVES THE SUMMONS ...................................40 A RESPONSIVE PLEADING ....................................... 44
RETURN OF SUMMONS ...........................................40
ALIAS SUMMONS ...................................................40 MOTION TO DISMISS ....................................... 45
MODES OF SERVICE OF SUMMONS .............................40 DEFINITION ......................................................... 45
TYPES OF DISMISSAL OF ACTION ............................... 45
PERSONAL SERVICE ........................................40 GROUNDS ........................................................... 45
SERVICE IN PERSON ON DEFENDANT .........................40 RESOLUTION OF MOTION ........................................ 48
REMEDIES OF PLAINTIFF WHEN THE COMPLAINT IS
SUBSTITUTED SERVICE ...................................40 DISMISSED .......................................................... 48
RATIONALE ..........................................................40 REMEDIES OF THE DEFENDANT
WHEN THE MOTION IS DENIED ................................. 48
EFFECT OF DISMISSAL OF
CONSTRUCTIVE SERVICE
COMPLAINT ON CERTAIN GROUNDS .......................... 48
(BY PUBLICATION) ........................................... 41
WHEN GROUNDS PLEADED AS AFFIRMATIVE DEFENSES . 48
REQUISITES ......................................................... 41
BAR BY DISMISSAL ................................................ 48
SERVICE OF SUMMONS UPON DIFFERENT ENTITIES ....... 41
DISTINGUISHED FROM DEMURRER TO EVIDENCE UNDER
SERVICE UPON A DEFENDANT WHERE HIS IDENTITY IS
RULE 33 ............................................................. 49
UNKNOWN OR WHERE HIS WHEREABOUTS
ARE UNKNOWN .................................................... 41
SERVICE UPON RESIDENTS TEMPORARILY OUTSIDE THE
PHILIPPINES ........................................................ 41
Dismissal of Actions .......... 49
DISMISSAL UPON NOTICE BY PLAINTIFF; TWO-
DISMISSAL RULE ............................................. 49
EXTRA-TERRITORIAL SERVICE, DISMISSAL UPON PLAINTIFF’S NOTICE ....................... 49
WHEN ALLOWED ............................................. 41
REQUISITES ......................................................... 41
MODES OF SERVICE ................................................ 41
DISMISSAL UPON MOTION BY PLAINTIFF; EFFECT
ON EXISTING COUNTERCLAIM ........................ 49
DISMISSAL UPON PLAINTIFF’S MOTION ...................... 49
SERVICE UPON PRISONERS AND MINORS ...... 41
SERVICE UPON PRISONER ....................................... 41
SERVICE UPON MINORS AND INCOMPETENTS .............. 41 DISMISSAL DUE TO THE FAULT OF PLAINTIFF 49
DISMISSAL DUE TO PLAINTIFF’S FAULT ...................... 49
PROOF OF SERVICE .......................................... 41
RETURN OF SERVICE .............................................. 41 DISMISSAL OF COUNTERCLAIM, CROSS-CLAIM
PROOF OF SERVICE ................................................ 41 OR THIRD-PARTY COMPLAINT ........................ 50
EFFECT OF NON-SERVICE OF SUMMONS ..................... 42
WAIVER OF SERVICE OF SUMMONS ............................ 42
SERVICE OF SUMMONS UPON
Pre-Trial .............................. 50
DIFFERENT ENTITIES (ANNEX A) ................................ 42 CONCEPT OF PRE-TRIAL ................................. 50
DEFINITION ......................................................... 50

Motions .................................42 NATURE AND PURPOSE .................................. 50


MOTIONS IN GENERAL .................................... 42 PURPOSE ............................................................ 50
DEFINITION OF A MOTION ........................................ 42
NOTICE OF PRE-TRIAL ..................................... 51 COMPELLING ATTENDANCE OF WITNESSES;
CONTEMPT ...................................................... 56
APPEARANCE OF PARTIES; EFFECT OF FAILURE PERSONAL APPEARANCE IN COURT ........................... 56
TO APPEAR ...................................................... 51 APPLICATION FOR SUBPOENA TO PRISONER ............... 56
APPEARANCE OF PARTIES ....................................... 51 REMEDY IN CASE OF WITNESS’ FAILURE TO ATTEND ...... 56
FAILURE TO APPEAR AT PRE-TRIAL ........................... 51
QUASHING OF SUBPOENA .............................. 56
GROUNDS FOR QUASHING ...................................... 57
PRE-TRIAL BRIEF; EFFECT OF FAILURE TO
APPEAR ........................................................... 52
PRE-TRIAL BRIEF .................................................. 52
RECORD OF PRE-TRIAL ........................................... 52
Modes of Discovery ............. 57
CALENDAR OF CASES ............................................. 52
DEPOSITIONS PENDING ACTION; DEPOSITIONS
BEFORE ACTION OR PENDING APPEAL ........... 57
DEPOSITIONS UNDER RULE 23 ................................. 57
DISTINCTION BETWEEN PRE-TRIAL IN CIVIL CASE WRITTEN INTERROGATORIES UNDER RULE 23 ............. 59
AND PRE-TRIAL IN CRIMINAL CASE ................ 52 DEPOSITIONS BEFORE ACTION UNDER RULE 24 ........... 60
DEPOSITIONS PENDING APPEAL UNDER RULE 24 ......... 60
ALTERNATIVE DISPUTE RESOLUTION (ADR) [RA
9285] ............................................................... 53 WRITTEN INTERROGATORIES TO ADVERSE
WHAT IS ALTERNATIVE DISPUTE RESOLUTION SYSTEM? . 53
PARTIES .......................................................... 60
POLICY BEHIND THE ADR ......................................... 53
PURPOSE ............................................................ 60
EXCEPTION TO THE APPLICATION OF RA 9285: ............ 53
PROCEDURE ......................................................... 61
MODES OF ALTERNATIVE DISPUTE RESOLUTIONS: ........ 53
ANSWER ............................................................. 61
EFFECT OF OBJECTIONS TO INTERROGATORIES ............. 61
Intervention .........................54 NUMBER OF INTERROGATORIES ................................ 61
SCOPE OF INTERROGATORIES ................................... 61
DEFINITION OF INTERVENTION ....................... 54 USE OF INTERROGATORIES ...................................... 61
FAILURE TO FILE WRITTEN INTERROGATORIES .............. 61
WHO MAY INTERVENE ..................................... 54 CONSEQUENCES OF REFUSAL TO ANSWER ................... 61

MEANING OF LEGAL INTEREST ....................... 54


REQUEST FOR ADMISSION ............................... 61
PURPOSE ............................................................. 61
REQUISITES FOR INTERVENTION .................... 55
WHEN MAY REQUEST BE MADE ................................. 62
HOW INTERVENTION IS DONE ................................... 55
IMPLIED ADMISSION BY ADVERSE PARTY .................... 62
FACTORS CONSIDERED IN ALLOWING INTERVENTION .... 55
DEFERMENT OF COMPLIANCE .................................. 62
PLEADINGS IN INTERVENTION .................................. 55
EFFECT OF ADMISSION ........................................... 62
WITHDRAWAL ..................................................... 62
TIME TO INTERVENE ........................................ 55
EFFECT OF FAILURE TO FILE AND SERVE REQUEST FOR
ADMISSION ......................................................... 62
REMEDY FOR THE DENIAL OF MOTION TO
INTERVENE ...................................................... 55
REMEDIES ........................................................... 55 PRODUCTION OR INSPECTION OF DOCUMENTS
OR THINGS ...................................................... 62
PROCEDURE ........................................................ 62
Subpoena ........................... 55 WHAT THE COURT MAY ORDER ................................. 62
TYPES (AND DEFINITION) OF SUBPOENA ........ 55
PHYSICAL AND MENTAL EXAMINATION OF
BY WHOM ISSUED ............................................ 56 PERSONS ......................................................... 63
MOTION REQUESTING EXAMINATION ......................... 63
FORM AND CONTENTS OF SUBPOENA ............ 56 COURT TO ISSUE THE ORDER FOR
EXAMINATION IN ITS DISCRETION. ............................ 63
SUBPOENA DUCES TECUM .............................. 56 REPORT OF FINDINGS ............................................ 63
SUBPOENA DUCES TECUM DISTINGUISHED FROM ORDER FOR WAIVER OR PRIVILEGE ........................................... 63
PRODUCTION OR INSPECTION (ANNEX B) ................... 56 PHYSICIAN-PATIENT PRIVILEGE ................................ 63

SUBPOENA AD TESTIFICANDUM ..................... 56 CONSEQUENCES OF REFUSAL TO COMPLY WITH


SERVICE OF SUBPOENA ................................... 56 MODES OF DISCOVERY (ANNEX C) ..................... 63
Trial ...................................... 63 JUDGMENT WITHOUT TRIAL ........................... 68
WHEN TRIAL IS NOT NECESSARY ............................... 68
TRIAL, DEFINED ............................................... 63
CONTENTS OF A JUDGMENT ........................... 68
NOTICE OF TRIAL ............................................. 63 PARTS OF A JUDGMENT .......................................... 68
DISTINCTION BETWEEN JUDGMENT AND OPINION OF THE
ADJOURNMENTS AND POSTPONEMENTS ...... 63 COURT ............................................................... 69
CONFLICT BETWEEN THE DISPOSITIVE PORTION AND BODY
REQUISITES OF MOTION OF THE DECISION .................................................. 69
TO POSTPONE TRIAL ....................................... 63
SUBPOENA .......................................................... 64
JUDGMENT ON THE PLEADINGS ..................... 69
GROUNDS ........................................................... 69
AGREED STATEMENT OF FACTS ...................... 64 CANNOT BE RENDERED MOTU PROPRIO ..................... 69
WHEN JUDGMENT ON THE PLEADINGS WILL NOT APPLY . 69
ORDER OF TRIAL; REVERSAL OF ORDER ......... 64 EFFECTS ............................................................. 69
CONDUCT OF TRIAL ................................................ 64
GENERAL ORDER OF TRIAL ...................................... 64
SUMMARY JUDGMENTS .................................. 69
DEFINITION, NATURE ............................................. 69
CONSOLIDATION OR SEVERANCE OF HEARING GENUINE ISSUE .................................................... 69
OR TRIAL ......................................................... 64 PROCEDURE ........................................................ 70
CONSOLIDATION OF TRIAL ....................................... 64
FOR THE CLAIMANT ............................................... 70
SEVERANCE OF TRIAL ............................................. 64
FOR THE DEFENDANT ............................................ 70
STATEMENT OF JUDGE ............................................ 65
WHEN THE CASE NOT FULLY ADJUDICATED ................. 70
SUSPENSION OF ACTIONS ....................................... 65
AFFIDAVITS AND ATTACHMENTS .............................. 70

DELEGATION OF RECEPTION OF EVIDENCE .... 65 JUDGMENT ON THE PLEADINGS VERSUS


SUMMARY JUDGMENTS ................................... 71
TRIAL BY COMMISSIONERS ............................. 65
KINDS OF TRIAL BY COMMISSIONER ........................... 65
RENDITION OF JUDGMENTS
REFERENCE BY CONSENT OR ORDERED ON MOTION ...... 65
AND FINAL ORDERS ......................................... 71
POWERS OF THE COMMISSIONER .............................. 65
FORM OF JUDGMENT .............................................. 71
COMMISSIONER’S REPORT; NOTICE TO PARTIES AND
DEFINITION OF RENDITION OF JUDGMENT ................... 71
HEARING ON THE REPORT ....................................... 65
PERIOD WITHIN WHICH DECISION IS TO BE RENDERED .... 71
INTERPRETATION OF THE JUDGMENT ......................... 71

Demurrer to Evidence ....... 66 ENTRY OF JUDGMENT AND FINAL ORDER ....... 71


GROUND .......................................................... 66
DEFINITION OF ENTRY OF JUDGMENT .......................... 71
DEFINITION .......................................................... 66
ENTRY OF JUDGMENTS AND FINAL ORDERS ................. 71
AMENDMENTS TO JUDGMENT .................................. 72
EFFECT OF DENIAL; EFFECT OF GRANT ........... 66

WAIVER OF RIGHT TO PRESENT EVIDENCE ..... 67 Post-Judgment Remedies . 72


REMEDIES BEFORE
DEMURRER TO EVIDENCE IN A CIVIL CASE V. FINALITY OF JUDGMENT ................................. 72
DEMURRER TO EVIDENCE IN
A CRIMINAL CASE ............................................ 67
DIFFERENCES BETWEEN DEMURRER IN CIVIL AND CRIMINAL
MOTION FOR NEW TRIAL OR RECONSIDERATION
CASES ................................................................ 67
......................................................................... 72
MOTION FOR RECONSIDERATION .............................. 72
GROUNDS ........................................................... 72
Judgments and WHEN TO FILE ...................................................... 72
DENIAL OF THE MOTION; EFFECT ...............................73
Final Orders ....................... 67 GRANT OF THE MOTION; EFFECT ............................... 74
JUDGMENT ...................................................... 67 REMEDY WHEN MOTION IS DENIED, FRESH 15-DAY PERIOD
REQUISITES OF A VALID JUDGMENT .......................... 67 RULE .................................................................. 74
KINDS OF JUDGMENT ............................................. 67
APPEALS IN GENERAL ..................................... 74
JUDGMENTS AND FINAL ORDERS SUBJECT TO APPEAL ... 74 EXECUTION AS A MATTER OF RIGHT (ANNEX D) .......... 95
MATTERS NOT APPEALABLE .................................... 75 DISCRETIONARY EXECUTION (ANNEX E) .................... 95
REMEDY AGAINST JUDGMENTS AND ORDERS WHICH ARE
NOT APPEALABLE .................................................. 75 HOW A JUDGMENT IS EXECUTED .................... 96
MODES OF APPEAL ................................................ 75 EXECUTION BY MOTION OR BY INDEPENDENT ACTION .. 96
ISSUES TO BE RAISED ON APPEAL ............................. 84 ISSUANCE AND CONTENTS OF A WRIT OF EXECUTION .... 96
PERIOD OF APPEAL ................................................ 84 EXECUTION OF JUDGMENTS FOR MONEY .................... 96
PERFECTION OF APPEAL ......................................... 86 EXECUTION OF JUDGMENTS FOR SPECIFIC ACTS ........... 98
APPEAL FROM JUDGMENTS OR EXECUTION OF SPECIAL JUDGMENTS ........................ 99
FINAL ORDERS OF THE MTC ..................................... 86 EFFECT OF LEVY ON THIRD PERSONS ......................... 99
APPEAL FROM JUDGMENTS OR
FINAL ORDERS OF THE RTC ...................................... 88
PROPERTIES EXEMPT FROM EXECUTION ....... 99
APPEAL FROM JUDGMENTS OR
FINAL ORDERS OF THE CA ....................................... 89
PROCEEDINGS WHERE PROPERTY IS CLAIMED
APPEAL FROM JUDGMENTS OR
BY THIRD PERSONS ........................................ 101
FINAL ORDERS OF THE CTA ...................................... 89
IN RELATION TO THIRD PARTY CLAIM IN ATTACHMENT AND
REVIEW OF FINAL JUDGMENTS OR
REPLEVIN .......................................................... 101
FINAL ORDERS OF THE COA ..................................... 89
REVIEW OF FINAL JUDGMENTS OR
FINAL ORDERS OF THE COMELEC .............................. 90 RULES ON REDEMPTION ................................ 102
REVIEW OF FINAL JUDGMENTS OR EFFECTS OF REDEMPTION ...................................... 102
FINAL ORDERS OF THE CSC ...................................... 90 RECOVERY OF PURCHASE PRICE AND
REVIEW OF FINAL JUDGMENTS OR REVIVAL OF JUDGMENT ......................................... 103
FINAL ORDERS OF THE OMBUDSMAN ......................... 90
REVIEW OF FINAL JUDGMENTS OR EXAMINATION OF JUDGMENT OBLIGOR WHEN
FINAL ORDERS OF THE NLRC .................................... 90 JUDGMENT IS UNSATISFIED ......................... 104
REVIEW OF FINAL JUDGMENTS OR WHEN EXAMINATION MAY BE MADE ........................ 104
FINAL ORDERS OF QUASI-JUDICIAL AGENCIES ............. 91 HOW ................................................................ 104

RELIEF FROM JUDGMENTS, ORDERS AND OTHER EXAMINATION OF OBLIGOR OF JUDGMENT


PROCEEDINGS ................................................. 91 OBLIGOR ....................................................... 104
GROUNDS FOR AVAILING OF THE REMEDY ................... 92 DOES A PARTY LITIGANT ENJOY ANY DISCOVERY RIGHTS
TIME TO FILE PETITION ........................................... 92 AFTER THE PROMULGATION OF FINAL AND EXECUTORY
CONTENTS OF PETITION ......................................... 92 JUDGMENT? ...................................................... 104
REMEDIES OF JUDGMENT CREDITOR
ANNULMENT OF JUDGMENTS OR FINAL ORDERS IN AID OF EXECUTION ........................................... 104
AND RESOLUTIONS ......................................... 92 ENTRY OF SATISFACTION ...................................... 104
GROUNDS FOR ANNULMENT ..................................... 92
PERIOD TO FILE ACTION ......................................... 93 EFFECT OF JUDGMENT OR FINAL ORDERS ... 104
EFFECTS OF JUDGMENT OF ANNULMENT .................... 93 RES JUDICATA IN JUDGMENTS IN REM .......................105
RES JUDICATA IN JUDGMENTS IN PERSONAM .............105
COLLATERAL ATTACK OF JUDGMENTS ....................... 93 CONCLUSIVENESS OF JUDGMENT/PRECLUSION OF ISSUES
REMEDIES FROM A VOID JUDGMENT ........................... 93 (AUTER ACTION PENDANT) ....................................105
WHAT IS A VOID JUDGMENT? ................................... 93 REQUISITES OF RES JUDICATA .................................105
HOW DO YOU ATTACK A VOID JUDGMENT? .................. 93 RES JUDICATA V. “LAW OF THE CASE” V. STARE DECISIS 105
WHAT ARE YOUR REMEDIES? ................................... 93
SOME JURISPRUDENTIAL BASIS ................................ 93 ENFORCEMENT AND EFFECT OF FOREIGN
JUDGMENTS OR FINAL ORDERS ....................105
EFFECT OF FOREIGN JUDGMENTS .............................105
Execution, Satisfaction and
Effect of Judgments .......... 94 Provisional Remedies ....... 106
DIFFERENCE BETWEEN FINALITY OF JUDGMENT NATURE OF PROVISIONAL REMEDIES ...........106
FOR PURPOSES OF APPEAL; FOR PURPOSES OF DEFINITION ........................................................106
EXECUTION ...................................................... 94
JURISDICTION OVER
WHEN EXECUTION SHALL ISSUE ..................... 94
PROVISIONAL REMEDIES .............................. 106
ORDINARY CIVIL ACTIONS VERSUS SPECIAL CIVIL
PRELIMINARY ATTACHMENT ........................ 106 ACTIONS ......................................................... 118
DEFINITION ........................................................ 106
PURPOSES ......................................................... 106 JURISDICTION AND VENUE ............................ 118
GROUNDS FOR ISSUANCE OF WRIT OF ATTACHMENT .. 106
REQUISITES ........................................................107 INTERPLEADER .............................................. 118
ISSUANCE AND CONTENTS OF ORDER OF ATTACHMENT; DEFINITION ........................................................ 118
AFFIDAVIT AND BOND ..........................................107 PURPOSE ........................................................... 118
RULE ON PRIOR OR CONTEMPORANEOUS SERVICE OF REQUISITES FOR INTERPLEADER ............................. 119
SUMMONS ..........................................................107 WHEN TO FILE ..................................................... 119
MANNER OF ATTACHING REAL AND PERSONAL PROPERTY;
WHEN PROPERTY ATTACHED IS CLAIMED BY DECLARATORY RELIEFS AND
THIRD PERSON ................................................... 108 SIMILAR REMEDIES ........................................ 119
DISCHARGE OF ATTACHMENT AND WHO MAY FILE THE ACTION .................................... 119
THE COUNTER-BOND ........................................... 109 REQUISITES OF ACTION FOR DECLARATORY RELIEF ...... 120
SATISFACTION OF JUDGMENT WHEN COURT MAY REFUSE TO
OUT OF PROPERTY ATTACHED ................................. 110 MAKE JUDICIAL DECLARATION ................................ 120
CONVERSION TO ORDINARY ACTION ......................... 120
PRELIMINARY INJUNCTION ............................. 111 PROCEEDINGS CONSIDERED AS SIMILAR REMEDIES ..... 120
DEFINITIONS AND DIFFERENCES: DRELIMINARY INJUNCTION
AND TEMPORARY RESTRAINING ORDER; STATUS QUO ANTE REVIEW OF JUDGMENTS AND FINAL ORDERS OR
ORDER ................................................................ 111 RESOLUTION OF THE COMELEC AND COA ..... 121
REQUISITES ......................................................... 111 SCOPE ............................................................... 121
KINDS OF INJUNCTION ........................................... 112 PROCEDURE ....................................................... 121
WHEN WRIT MAY BE ISSUED .................................... 113 DISTINCTION IN THE APPLICATION OF RULE 65 TO
GROUNDS FOR ISSUANCE OF PRELIMINARY INJUNCTION 113 JUDGMENTS OF THE COMELEC AND COA AND THE
GROUNDS FOR OBJECTION TO, OR FOR THE DISSOLUTION OF APPLICATION OF RULE 65 TO OTHER TRIBUNALS, PERSONS
INJUNCTION OR RESTRAINING ORDER ....................... 113 AND OFFICERS .................................................... 123
DURATION OF A TEMPORARY RESTRAINING ORDER .... 114
IN RELATION TO RA 8975, BAN ON ISSUANCE OF TRO OR
CERTIORARI, PROHIBITION
WRIT OF INJUNCTION IN CASES INVOLVING GOVERNMENT
AND MANDAMUS ........................................... 123
INFRASTRUCTURE PROJECTS ................................. 114
WHEN PETITION FOR CERTIORARI, PROHIBITION AND
RULE ON PRIOR OR CONTEMPORANEOUS SERVICE OF
MANDAMUS IS PROPER (ANNEX F) ........................... 124
SUMMONS IN RELATION TO ATTACHMENT ................. 114
INJUNCTIVE RELIEF ............................................... 125
CERTIORARI DISTINGUISHED FROM APPEAL BY CERTIORARI;
RECEIVERSHIP ................................................ 115 PROHIBITION AND MANDAMUS DISTINGUISHED FROM
NATURE ............................................................. 115 INJUNCTION; WHEN AND WHERE TO FILE PETITION ...... 125
PURPOSE ........................................................... 115 EXCEPTIONS TO FILING OF MOTION FOR RECONSIDERATION
CASES WHEN RECEIVER MAY BE APPOINTED ............... 115 BEFORE FILING PETITION ....................................... 125
REQUIREMENTS BEFORE ISSUANCE OF AN ORDER ....... 115 RELIEFS PETITIONER IS ENTITLED TO ........................ 125
POWERS OF A RECEIVER ........................................ 115 FACTIONS/OMISSIONS OF MTC/RTC
TWO (2) KINDS OF BOND ........................................ 116 IN ELECTION CASES .............................................. 126
TERMINATION OF RECEIVERSHIP ............................. 116 WHERE TO FILE PETITION ....................................... 126
EFFECTS OF FILING OF AN UNMERITORIOUS PETITION .. 126
REPLEVIN ....................................................... 116
WHEN MAY WRIT BE ISSUED .................................... 116 QUO WARRANTO ........................................... 126
REQUISITES ........................................................ 117 DISTINGUISH FROM QUO WARRANTO IN THE OMNIBUS
AFFIDAVIT AND BOND; REDELIVERY BOND ................. 117 ELECTION CODE ................................................... 126
SHERIFF’S DUTY IN THE IMPLEMENTATION OF THE WRIT; WHEN THE GOVERNMENT COMMENCES AN ACTION AGAINST
WHEN PROPERTY IS CLAIMED BY THIRD PARTY ........... 117 INDIVIDUALS ...................................................... 126
WHEN INDIVIDUAL MAY COMMENCE AN ACTION .......... 127

Special Civil Actions .......... 118 JUDGMENT IN QUO WARRANTO ACTION .................... 127
RIGHTS OF A PERSON ADJUDGED ENTITLED TO PUBLIC
NATURE OF SPECIAL CIVIL ACTIONS .............. 118 OFFICE .............................................................. 127
HOW COMMENCED ............................................... 118
EXPROPRIATION ............................................ 127 PRELIMINARY INJUNCTION AND PRELIMINARY MANDATORY
MATTERS TO ALLEGE IN INJUNCTION ...................................................... 140
COMPLAINT FOR EXPROPRIATION ............................ 127 RESOLVING DEFENSE OF OWNERSHIP ...................... 140
TWO STAGES IN EVERY ACTION FOR EXPROPRIATION .... 127 HOW TO STAY THE IMMEDIATE
WHEN PLAINTIFF CAN IMMEDIATELY ENTER INTO EXECUTION OF JUDGMENT .................................... 140
POSSESSION OF THE REAL PROPERTY, IN RELATION TO RA SUMMARY PROCEDURE, PROHIBITED PLEADINGS ....... 141
8974 ............................................................... 128
NEW SYSTEM OF IMMEDIATE PAYMENT OF INITIAL JUST CONTEMPT ..................................................... 141
COMPENSATION ................................................. 128 KINDS OF CONTEMPT ............................................ 141
DEFENSES AND OBJECTIONS ................................. 128 PURPOSE AND NATURE OF EACH ............................. 141
ORDER OF EXPROPRIATION .................................. 129 REMEDY AGAINST DIRECT CONTEMPT; PENALTY ......... 142
ASCERTAINMENT OF JUST COMPENSATION .............. 129 REMEDY AGAINST INDIRECT CONTEMPT;
APPOINTMENT OF COMMISSIONERS; COMMISSIONER’S PENALTY (ANNEX G) ............................................. 142
REPORT; COURT ACTION HOW CONTEMPT PROCEEDINGS ARE COMMENCED ...... 142
UPON COMMISSIONER’S REPORT ........................... 129 ACTS DEEMED PUNISHABLE AS INDIRECT CONTEMPT ... 142
RIGHTS OF PLAINTIFF UPON JUDGMENT WHEN IMPRISONMENT SHALL BE IMPOSED ................ 143
AND PAYMENT .................................................... 130 CONTEMPT AGAINST QUASI-JUDICIAL BODIES ............ 143
EFFECT OF RECORDING OF JUDGMENT ..................... 130
ANNEX A .........................................................144
FORECLOSURE OF ANNEX B ......................................................... 145
REAL ESTATE MORTGAGE ............................. 130 ANNEX C ......................................................... 146
JUDGMENT ON FORECLOSURE FOR PAYMENT OR SALE . 130
ANNEX D .........................................................148
SALE OF MORTGAGED PROPERTY; EFFECT ................ 130
ANNEX E ......................................................... 149
DISPOSITION OF PROCEEDS OF SALE ......................... 131
ANNEX F .........................................................150
DEFICIENCY JUDGMENT ......................................... 131
ANNEX G ......................................................... 151
JUDICIAL FORECLOSURE V.
EXTRAJUDICIAL FORECLOSURE ................................ 131
CRIMINAL PROCEDURE
EQUITY OF REDEMPTION VERSUS
RIGHT OF REDEMPTION ......................................... 132
General Matters ................ 153
PARTITION ...................................................... 132 DISTINGUISH JURISDICTION OVER SUBJECT
WHO MAY FILE COMPLAINT; WHO SHOULD BE MADE MATTER FROM JURISDICTION OVER PERSON OF
DEFENDANTS ...................................................... 132 THE ACCUSED ................................................. 153
MATTERS TO ALLEGE IN THE JURISDICTION OVER SUBJECT MATTER...................... 153
COMPLAINT FOR PARTITION ................................... 133 JURISDICTION OVER THE PERSON OF THE ACCUSED .... 153
TWO (2) STAGES IN EVERY ACTION FOR PARTITION ...... 133
ORDER OF PARTITION AND PARTITION REQUISITES FOR EXERCISE OF CRIMINAL
BY AGREEMENT ................................................... 133 JURISDICTION ................................................ 153
PARTITION BY COMMISSIONERS; APPOINTMENT OF
COMMISSIONERS, COMMISSIONER’S REPORT; COURT JURISDICTION OF CRIMINAL COURTS ............ 153
ACTION UPON COMMISSIONER’S REPORT ..................134 CRIMINAL JURISDICTION OF COURTS ........................ 153
JUDGMENT AND ITS EFFECTS ..................................135 MILITARY COURTS ............................................... 155
PARTITION OF PERSONAL PROPERTY ........................135
PRESCRIPTION OF ACTION ......................................135
Prosecution of Offenses .. 155
FORCIBLE ENTRY AND UNLAWFUL DETAINER 136 CRIMINAL ACTIONS, HOW INSTITUTED ......... 155
DEFINITIONS AND DISTINCTION ...............................135 IN GENERAL ....................................................... 155
DISTINGUISHED FROM ACCION PUBLICIANA AND ACCION INSTITUTION AND COMMENCEMENT OF ACTIONS ....... 155
REINVINDICATORIA .............................................. 136 EFFECT OF THE INSTITUTION OF CRIMINAL ACTION ON THE
HOW TO DETERMINE JURISDICTION IN ACCION PUBLICIANA PRESCRIPTIVE PERIOD ......................................... 155
AND ACCION REINVINDICATORIA ............................. 136
WHO MAY INSTITUTE THE ACTION AND WHEN; AGAINST WHO MAY FILE THEM, CRIMES THAT CANNOT BE
WHOM THE ACTION MAY BE MAINTAINED ................... 136 PROSECUTED DE OFFICIO ............................. 155
PLEADINGS ALLOWED ........................................... 137 CASES THAT CANNOT BE PROSECUTED DE OFICIO ....... 155
ACTION ON THE COMPLAINT ................................... 137 WHO MAY FILE A COMPLAINT? ............................... 155
WHEN DEMAND IS NECESSARY ................................ 137
EFFECT OF ..................................................... 155 CIVIL ACTION IS SUSPENDED .........................160
DEATH OF OFFENDED PARTY ................................. 155 EFFECT OF THE DEATH OF ACCUSED OR CONVICT ON CIVIL
DESISTANCE BY OFFENDED PARTY .......................... 155 ACTION .............................................................160
PARDON BY OFFENDED PARTY ............................... 155
PREJUDICIAL QUESTION ................................ 161
CRIMINAL ACTIONS, WHEN ENJOINED ......... 156 EFFECT ............................................................. 161
ELEMENTS OF PREJUDICIAL QUESTION ..................... 161
WHERE TO FILE PETITION FOR SUSPENSION IS FILED .. 161
CONTROL OF PROSECUTION ......................... 156
RULE ON FILING FEES IN CIVIL ACTION DEEMED
EXTENT OF THE PROSECUTOR’S CONTROL .. 156
INSTITUTED WITH THE CRIMINAL ACTION ..... 161
PRIOR TO THE FILING OF THE CASE ......................... 156
FILING FEES OF CIVIL ACTION DEEMED INSTITUTED IN
AFTER A CASE IS FILED ......................................... 156
CRIMINAL ACTION ................................................ 161
LIMITATIONS OF CONTROL BY THE COURT ................ 156
EFFECTS OF THE LACK OF INTERVENTION BY THE FISCAL IN
THE TRIAL .......................................................... 157 Preliminary Investigation .. 161
NATURE OF RIGHT ......................................... 161
SUFFICIENCY OF COMPLAINT PRELIMINARY INVESTIGATION, DEFINED .................. 161
OR INFORMATION .......................................... 157 NATURE OF THE RIGHT TO
COMPLAINT DEFINED ............................................ 157 PRELIMINARY INVESTIGATION ................................ 161
INFORMATION DEFINED ........................................ 157 RIGHT TO PRELIMINARY INVESTIGATION .................. 162
FORM & SUBSTANCE ............................................ 157 INSTANCES WHEREIN
THE RIGHT TO PI IS DEEMED WAIVED: ...................... 162
DESIGNATION OF OFFENSE ............................ 157 INSTANCES WHEREIN
THE RIGHT TO PI IS NOT DEEMED WAIVED ............... 162
CAUSE OF THE ACCUSATION .......................... 157
WHAT TO ALLEGE ................................................. 157 PURPOSES OF
PRELIMINARY INVESTIGATION ...................... 162
DUPLICITY OF THE OFFENSE; EXCEPTION .... 158
DUPLICITY OF OFFENSE ........................................ 158 SCOPE OF PI .................................................... 162
SEVERAL MODES OF COMMITTING OFFENSE NOT
DUPLICITOUS ..................................................... 158 WHO MAY CONDUCT DETERMINATION OF
EXISTENCE OF PROBABLE CAUSE .................. 162
AMENDMENT OR SUBSTITUTION OF COMPLAINT PROCEDURE FOR PRELIMINARY INVESTIGATION ........ 163
OR INFORMATION ........................................ 158
AMENDMENTS IN FORM AND RESOLUTION OF
SUBSTANCE BEFORE PLEA .................................... 158 INVESTIGATING PROSECUTOR ....................... 163
AMENDMENTS MADE AFTER PLEA REVIEW ............................................................. 163
AND DURING TRIAL ............................................. 158 REMEDY OF AN AGGRIEVED PARTY AGAINST THE
RESOLUTION OF THE DOJ SECRETARY ..................... 164
VENUE OF CRIMINAL ACTIONS ...................... 159
WHEN WARRANT OF ARREST MAY ISSUE ...... 164
INTERVENTION OF OFFENDED PARTY ........... 159
CASES NOT REQUIRING A PRELIMINARY
Prosecution of INVESTIGATION .............................................. 164
CASES NOT REQUIRING A PRELIMINARY INVESTIGATION
Civil Action ........................ 160 NOR COVERED BY RULE ON SUMMARY PROCEDURE ... 164
RULE ON IMPLIED INSTITUTION OF CIVIL ACTION
WITH CRIMINAL ACTION ................................ 160 REMEDIES OF ACCUSED IF THERE WAS NO
HOW INSTITUTED ................................................ 160 PRELIMINARY INVESTIGATION ...................... 164
EFFECT OF DENIAL OF RIGHT TO PRELIMINARY
WHEN CIVIL ACTION MAY PROCEED INVESTIGATION ................................................... 164
INDEPENDENTLY ........................................... 160 IF PRELIMINARY INVESTIGATION IS BEING CONDUCTED 165
SEPARATE ACTION FILED BY THE ACCUSED ............... 160
INQUEST ......................................................... 165
WHEN SEPARATE DEFINITION ........................................................ 165
PROCEDURE FOR INQUEST PROCEEDINGS ................ 165 GUIDELINES IN FIXING
AMOUNT OF BAIL .................................................. 171

Arrest ................................. 166 BAIL WHEN NOT REQUIRED ............................. 171


DEFINITION ................................................... 166 INCREASE OR REDUCTION OF BAIL .......................... 172
IMMUNITY FROM ARREST ..................................... 166 INCREASED BAIL ................................................. 172
REDUCED BAIL .................................................... 172
ARREST, HOW MADE ..................................... 166
MODES OF EFFECTING ARREST .............................. 166 FORFEITURE AND CANCELLATION OF BAIL ... 172
NO UNNECESSARY VIOLENCE ................................ 166 FORFEITURE OF BAIL ............................................ 172
TIME TO MAKE ARREST ......................................... 166 CANCELLATION OF BAIL ........................................ 172

ARREST WITHOUT WARRANT, WHEN LAWFUL 166


RULES ON ILLEGALITY OF ARREST ........................... 167 APPLICATION NOT A BAR TO OBJECTIONS IN
ILLEGAL ARREST, LACK OF OR IRREGULAR
METHOD OF ARREST ...................................... 167 PRELIMINARY INVESTIGATION ...................... 172
BY OFFICER WITH WARRANT .................................. 167
BY OFFICER WITHOUT WARRANT ............................ 168 HOLD DEPARTURE ORDER & BUREAU OF
BY PRIVATE PERSON ........................................... 168 IMMIGRATION WATCHLIST ............................ 172

REQUISITES OF A
VALID WARRANT OF ARREST ........................ 168 Rights of the Accused ....... 173
ESSENTIAL REQUISITES OF A VALID ARREST WARRANT 168 RIGHTS OF ACCUSED AT THE TRIAL ................ 173
INSTANCES WHEN JUDGE ISSUES TO BE PRESUMED INNOCENT UNTIL THE CONTRARY IS
WARRANT OF ARREST ......................................... 168 PROVED BEYOND REASONABLE DOUBT .................... 173
TO BE INFORMED OF THE NATURE AND CAUSE OF
DETERMINATION OF PROBABLE CAUSE FOR ACCUSATION AGAINST HIM .................................... 174
ISSUANCE OF WARRANT OF ARREST ............ 169 TO BE PRESENT AND DEFEND IN PERSON AND BY COUNSEL
AT EVERY STAGE OF THE PROCEEDINGS .................... 174
DISTINGUISH PROBABLE CAUSE OF FISCAL TO TESTIFY AS WITNESS IN HIS BEHALF .................... 174
FROM THAT OF A JUDGE ................................ 169 RIGHT AGAINST SELF-INCRIMINATION ..................... 174
RIGHT TO CONFRONTATION ................................... 175
RIGHT TO COMPULSORY PROCESS ........................... 175
Bail ..................................... 169 RIGHT TO SPEEDY, IMPARTIAL, AND PUBLIC TRIAL ..... 175
NATURE ......................................................... 169 RIGHT TO APPEAL ................................................ 175
DEFINITION ........................................................ 169
PURPOSES ........................................................ 169 RIGHTS OF PERSONS UNDER
AS REGARDS THE REQUIREMENT OF CUSTODY .......... 169 CUSTODIAL INVESTIGATION ........................... 175
TO BE ASSISTED BY COUNSEL AT ALL TIMES .............. 176
WHEN A MATTER OF RIGHT; EXCEPTIONS .... 169 TO REMAIN SILENT .............................................. 176
BAIL AS A MATTER OF RIGHT ................................. 169 TO BE INFORMED, IN A LANGUAGE KNOWN TO AND
WHEN BAIL NOT AVAILABLE .................................. 169 UNDERSTOOD BY HIM, OF HIS RIGHTS TO REMAIN SILENT
AND TO HAVE COMPETENT AND INDEPENDENT COUNSEL,
WHEN A MATTER OF DISCRETION ...................170 PREFERABLY OF HIS OWN CHOICE, WHO SHALL AT ALL
WHEN APPLICATION FOR BAIL AFTER CONVICTION SHALL TIMES BE ALLOWED TO CONFER PRIVATELY WITH THE
BE DENIED ..........................................................170 PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL
INVESTIGATION ................................................... 176
HEARING OF APPLICATION FOR TO BE ALLOWED VISITS BY OR CONFERENCES WITH .... 176
BAIL IN CAPITAL OFFENSES ...........................170 CONSEQUENCES OF VIOLATION OF
CONVICTION .......................................................170 CUSTODIAL RIGHTS .............................................. 176
PROSECUTION HAS BURDEN OF PROOF ....................170
REGARDING MINORS CHARGED
WITH A CAPITAL OFFENSE ......................................170 Arraignment and Plea ...... 176
DUTY OF JUDGE TO CONDUCT HEARING .................... 171 ARRAIGNMENT AND PLEA, HOW MADE ........ 176
WHERE THE APPLICATION IS FILED .......................... 171 DEFINITION ........................................................ 176
DUTY OF THE COURT BEFORE ARRAIGNMENT ............ 177
BEFORE ARRAIGNMENT AND PLEA, THE ACCUSED MAY HAS BEEN EXTINGUISHED ...................................... 182
AVAIL OF ANY OF THE FOLLOWING: .......................... 177 CONTAINS AVERMENTS WHICH, IF TRUE, WOULD
HOW ARRAIGNMENT MADE .................................... 177 CONSTITUTE A LEGAL EXCUSE OR JUSTIFICATION ....... 182
SPECIFIC RULES ON ARRAIGNMENT ......................... 178
DISTINGUISH FROM
WHEN SHOULD PLEA OF NOT GUILTY BE DEMURRER TO EVIDENCE .............................. 182
ENTERED ........................................................ 178
INSTANCES WHEN A PLEA OF NOT GUILTY TO BE ENTERED EFFECTS OF SUSTAINING THE MOTION TO
FOR THE ACCUSED ............................................... 178 QUASH ............................................................ 183

WHEN ACCUSED MAY ENTER A PLEA OF GUILTY EXCEPTION TO THE RULE THAT SUSTAINING THE
TO A LESSER OFFENSE ................................... 179 MOTION IS NOT A BAR TO ANOTHER
PLEA TO A LESSER OFFENSE DURING ARRAIGNMENT .. 179 PROSECUTION ................................................ 183
PLEA TO A LESSER OFFENSE AFTER ARRAIGNMENT BUT
BEFORE TRIAL .................................................... 179 DOUBLE JEOPARDY ........................................ 183
PLEA TO A LESSER OFFENSE RULE OF DOUBLE JEOPARDY .................................. 183
AFTER TRIAL HAS BEGUN .................................... 179 KINDS OF DOUBLE JEOPARDY ................................. 183
SAME OFFENSE ................................................... 183
SAME ACT .......................................................... 184
ACCUSED PLEAD GUILTY TO CAPITAL OFFENSE,
REQUISITES TO SUCCESSFULLY
WHAT THE COURT SHOULD DO ....................... 179
INVOKE DOUBLE JEOPARDY ................................... 184
DUTY OF THE COURT WHEN ACCUSED PLEADS GUILTY TO A
REQUISITES FOR FIRST JEOPARDY TO ATTACH ........... 184
CAPITAL OFFENSE ................................................ 179
“WITHOUT EXPRESS CONSENT” .............................184
DISMISSAL = ACQUITTAL ....................................... 184
SEARCHING INQUIRY ...................................... 179
DISMISSAL VS. ACQUITTAL .................................... 184
PLEA OF GUILTY TO A CAPITAL OFFENSE ................... 179

PROVISIONAL DISMISSAL ...............................184


IMPROVIDENT PLEA OF GUILTY TO A CAPITAL
DEFINITION ........................................................ 184
OFFENSE ......................................................... 179
WHEN DISMISSAL BECOMES PERMANENT:
DEFINITION ........................................................ 179
TIME BAR RULE ................................................... 185
WHEN IMPROVIDENT PLEAMAY BE WITHDRAWN ........ 179
HOW TO REVIVE A CASE ........................................ 185
REQUISITE PROCEDURE ....................................... 185
GROUNDS FOR SUSPENSION
OF ARRAIGNMENT .......................................... 179
UNSOUND MENTAL CONDITION OF THE ACCUSED AT THE
TIME OF THE ARRAIGNMENT .................................. 179
Pre-trial .............................. 185
JUDICIAL
PREJUDICIAL QUESTION EXISTS ............................. 180
AFFIDAVIT RULE ............................................. 185
PENDING PETITION FOR REVIEW OF THE RESOLUTION OF
THE PROSECUTOR WITH THE DOJ OR OFFICE OF THE
PRESIDENT. ...................................................... 180
MATTERS TO BE CONSIDERED DURING PRE-
PENDING MOTION TO QUASH ................................ 180
TRIAL .............................................................. 185
COVERAGE .......................................................... 185
PERIOD .............................................................. 185
Motion to Quash ............... 180 THINGS CONSIDERED DURING PRE-TRIAL / PURPOSES 186
GROUNDS ...................................................... 180 ROLE OF THE JUDGE ............................................. 186
FACTS CHARGED DO NOT CONSTITUTE STIPULATION OF FACTS ........................................ 186
AN OFFENSE ...................................................... 180 MARKING FOR IDENTIFICATION OF THE EVIDENCE OF
COURT HAS NO JURISDICTION OVER PARTIES ............................................................ 186
THE OFFENSE CHARGED ........................................ 181
COURT HAS NO JURISDICTION OVER WHAT THE COURT SHOULD DO WHEN
THE PERSON OF THE ACCUSED ................................ 181 PROSECUTION AND OFFENDED PARTY AGREE
OFFICER WHO FILED INFORMATION HAD TO THE PLEA OFFERED BY THE ACCUSED ..... 186
NO AUTHORITY TO DO SO ...................................... 181 PLEA BARGAINING ............................................... 186
COMPLAINT/INFORMATION DOES NOT CONFORM EFFECT WHEN THE PROSECUTION AND THE OFFENDED
SUBSTANTIALLY TO THE PRESCRIBED FORM .............. 181 PARTY AGREE TO THE PLEA OFFERED BY THE ACCUSED 186
MORE THAN ONE OFFENSE IS CHARGED ................... 182
CRIMINAL ACTION OR LIABILITY PRE-TRIAL AGREEMENT ................................ 186
FORM ................................................................ 186
REQUIRED FORM OF PRE-TRIAL AGREEMENT ........... 186 RIGHT OF THE ACCUSED TO PRESENT EVIDENCE AFTER
EFFECT ............................................................. 186 DEMURRER IS DENIED ..........................................190

NON-APPEARANCE DURING PRE-TRIAL ......... 187


Judgment .......................... 190
PRE-TRIAL ORDER .......................................... 187 REQUISITES OF A JUDGMENT ........................190
ISSUANCE .......................................................... 187 FORM ...............................................................190
CONTENTS ......................................................... 187 JUDGE WHO PENNED THE DECISION NEED NOT BE THE ONE
EFFECT .............................................................. 187 WHO HEARD THE CASE .........................................190

REFERRAL OF SOME CASES FOR COURT CONTENTS OF JUDGMENT .............................190


ANNEXED MEDIATION AND JUDICIAL DIPUTE CONVICTION ......................................................190
RESOLUTION .................................................. 187 ACQUITTAL ........................................................ 192

A.M. NO. 03-1-09-SC RE: PROPOSED RULE ON PROMULGATION OF JUDGMENT; INSTANCES OF


GUIDELINES TO BE OBSERVED BY TRIAL COURT PROMULGATION OF JUDGMENT IN ABSENTIA 192
JUDGES AND CLERKS OF COURT IN THE PROMULGATION ................................................. 192
CONDUCT OF PRE- TRIAL AND USE OF NOTICE FOR PROMULGATION ................................. 192
DEPOSITION-DISCOVERY MEASURES
RESOLUTION .................................................. 187 WHEN DOES JUDGMENT BECOME FINAL ........ 193
JUDGMENT BECOMES FINAL ................................... 193

Trial .................................... 187


INSTANCES WHEN PRESENCE OF ACCUSED IS New trial
REQUIRED BY LAW ......................................... 187
PRESENCE IS MANDATORY ..................................... 187 or Reconsideration ........... 194
GROUNDS FOR NEW TRIAL ............................ 194
REQUISITES BEFORE TRIAL CAN BE SUSPENDED GROUNDS FOR RECONSIDERATION ......................... 194
ON ACCOUNT OF ABSENCE OF WITNESS ....... 188
ABSENCE OR UNAVAILABILITY OF REQUISITES BEFORE A NEW TRIAL MAY BE
AN ESSENTIAL WITNESS ....................................... 188 GRANTED ON GROUND OF NEWLY DISCOVERED
CONDITIONAL EXAMINATION ................................ 188 EVIDENCE ....................................................... 194
REQUISITES ........................................................ 194
TRIAL IN ABSENTIA ........................................ 188 EXCEPTIONS ....................................................... 194
REQUISITES ....................................................... 188
EFFECTS OF GRANTING A NEW TRIAL OR
REMEDY WHEN ACCUSED IS NOT BROUGHT TO RECONSIDERATION ........................................ 194
TRIAL WITHIN THE PRESCRIBED PERIOD ...... 188 IN ALL CASES ...................................................... 194
EFFECT OF DELAY ............................................... 188 REMEDY AGAINST GAD IN GRANTING MNT/MFR ........ 195

REQUISITES FOR DISCHARGE OF ACCUSED TO


APPLICATION OF NEYPES DOCTRINE IN
BECOME A STATE WITNESS............................ 188
CRIMINAL CASES ............................................ 195
DISCHARGE OF A CO-ACCUSED .............................. 188
FRESH PERIOD TO APPEAL
REQUISITES ...................................................... 189
AFTER DENIAL OF MNT/MR ................................... 195
EFFECTS OF DISCHARGE OF
ACCUSED AS STATE WITNESS ....................... 189
EFFECT OF DISCHARGE ......................................... 189
Appeal .............................. 195
EFFECT OF AN APPEAL ................................... 195
WHERE TO APPEAL ............................................... 195
DEMURRER TO EVIDENCE .............................. 189
DEFINITION ....................................................... 189
HOW APPEAL TAKEN ...................................... 195
HOW INITIATED .................................................. 189
WHO MAY APPEAL ............................................... 195
MOTION FOR LEAVE TO FILE DEMURRER .................. 189
PROCEDURE IN THE CA ......................................... 196
EFFECT OF GRANTING DEMURRER .......................... 189
PROMPT DISPOSITION OF APPEAL ........................... 197
EFFECT OF DENIAL OF MOTION FOR LEAVE TO FILE
REVERSAL / MODIFICATION OF JUDGMENT ON APPEAL 197
DEMURRER ....................................................... 190
SCOPE OF CA’S JUDGMENT .................................... 197
CA’S POWER TO RECEIVE EVIDENCE ......................... 198
QUORUM IN THE CA ............................................. 198
CERTIFICATION OR APPEAL OF CASES TO THE SC ....... 198 EXCEPTIONS TO SEARCH WARRANT
JUDGMENT TRANSMITTED AND FILED IN TC .............. 198 REQUIREMENT .............................................. 205
MNT DURING THE PENDENCY OF APPEAL IN THE CA ... 198 SEARCH INCIDENTAL TO LAWFUL ARREST ................ 205
MFR OF CA JUDGMENT ......................................... 198 CONSENTED SEARCH ........................................... 206
APPLICABLE CIVIL PROCEDURE RULES ..................... 199 SEARCH OF MOVING VEHICLE ................................ 206
PROCEDURE IN THE SC ......................................... 199 CHECK POINTS; BODY CHECKS IN AIRPORT ............... 206
PLAIN VIEW SITUATION ........................................ 207
EFFECT OF APPEAL BY ANY OF \SEVERAL STOP AND FRISK SITUATION ................................. 207
ACCUSED ...................................................... 200 ENFORCEMENT OF CUSTOM LAWS .......................... 207
OTHER EXCEPTIONS ............................................ 207
GROUNDS FOR DISMISSAL OF APPEAL ........ 200
WHEN APPEAL BY THE PEOPLE WILL NOT LIE ........... 200
REMEDIES FROM UNLAWFUL SEARCH AND
SEIZURE ........................................................ 208
Search and Seizure .......... 201 WHO MAY AVAIL OF REMEDIES .............................. 208
REMEDIES ......................................................... 208
NATURE OF SEARCH WARRANT .................... 201
CRIMINAL LIABILITY ............................................ 209
DEFINITION ....................................................... 201
CIVIL LIABILITIES ................................................ 209
NATURE OF A SEARCH WARRANT ........................... 201
BASIS: CONSTITUTIONAL SAFEGUARD AGAINST
UNREASONABLE SEARCH AND SEIZURES ................. 201
CONSTITUTIONAL PROTECTION IS AGAINST PUBLIC
Provisional Remedies ...... 209
NATURE ......................................................... 209
OFFICERS’ ACTS, NOT PRIVATE PERSONS ................. 201
KINDS OF PROVISIONAL REMEDIES .............. 209
DISTINGUISH FROM PRELIMINARY ATTACHMENT .................................. 210
WARRANT OF ARREST .................................. 201
EVIDENCE
APPLICATION FOR SEARCH WARRANT, WHERE
FILED ............................................................. 202
APPLICATION ..................................................... 202 General Principles of
ISSUANCE AND FORM OF SEARCH WARRANT ............ 203
VALIDITY OF SEARCH WARRANT ............................. 203 Evidence ............................ 212
SERVICE OF SEARCH WARRANT ............................. 203 CONCEPT OF EVIDENCE .................................. 212
POST-SERVICE ................................................... 203
SCOPE OF THE RULES OF EVIDENCE .............. 212
PROBABLE CAUSE .........................................204 APPLICABILITY..................................................... 212
WARRANTS GENERALLY
ISSUED UPON PROBABLE CAUSE ............................ 204 EVIDENCE IN CIVIL CASES VS.
PROBABLE CAUSE JUSTIFYING WARRANTLESS ARREST AND EVIDENCE IN CRIMINAL CASES ...................... 212
WARRANTLESS SEARCH ....................................... 204
PROOF VS. EVIDENCE ..................................... 212
PERSONAL EXAMINATION BY JUDGE OF THE
APPLICANT AND WITNESSES ........................204 FACTUM PROBANS VS.
EXAMINATION MUST BE PERSONALLY CONDUCTED BY THE FACTUM PROBANDUM ................................... 212
JUDGE; DETERMINED BY JUDGE HIMSELF ................. 204 CLASSIFICATION OF EVIDENCE ................................ 212

ADMISSIBILITY OF EVIDENCE .......................... 213


PARTICULARITY OF PLACE TO BE SEARCHED
REQUISITES FOR ADMISSIBILITY OF EVIDENCE ............. 213
AND THINGS TO BE SEIZED ............................ 205
WHEN DETERMINED ............................................. 213
RELEVANCE OF EVIDENCE & COLLATERAL MATTERS .... 213
PARTICULARITY OF PLACE
DOCTRINES OF ADMISSIBILITY ................................ 213
TO BE SEARCHED ........................................... 205
PARTICULARITY OF THINGS TO BE SEIZED ................ 205
BURDEN OF PROOF AND
BURDEN OF EVIDENCE .................................... 214
PERSONAL PROPERTY TO BE SEIZED ............ 205 WHERE BURDEN OF PROOF IS FIXED ......................... 214
WHAT MAY BE SEIZED ......................................... 205 EQUIPOISE RULE/EQUIPONDERANCE DOCTRINE .......... 214
RULES ON DNA EVIDENCE A.M. NO. 06-11-5-SC ....... 205
PRESUMPTIONS ............................................ 214 IN RELATION TO DRUG CASES ................................. 220
PURPOSE OF ESTABLISHING CHAIN OF CUSTODY ....... 220
LIBERAL CONSTRUCTION OF THE RULES OF
EVIDENCE ........................................................215 RULE ON DNA EVIDENCE ............................... 220
MEANING OF DNA ............................................... 220
QUANTUM OF EVIDENCE (WEIGHT AND APPLICATION FOR DNA TESTING ORDER ................... 220
SUFFICIENCY OF EVIDENCE) ............................215 POST-CONVICTION TESTING ................................... 221
PROOF BEYOND REASONABLE DOUBT .......................215 ASSESSMENT AND PROBATIVE VALUE OF
PREPONDERANCE OF EVIDENCE ..............................215 DNA EVIDENCE AND ADMISSIBILITY .......................... 221
SUBSTANTIAL EVIDENCE .......................................215 RULES ON EVALUATION OF RELIABILITY OF THE DNA
CLEAR AND CONVINCING EVIDENCE ..........................215 TESTING METHODOLOGY ....................................... 221

Judicial Notice and Documentary Evidence .... 221


Judicial Admissions .......... 215 MEANING OF DOCUMENTARY EVIDENCE ....... 221

WHAT NEED NOT BE PROVED .........................215 REQUISITES FOR ADMISSIBILITY .................. 222
JUDICIAL NOTICE .................................................215
BEST EVIDENCE RULE..................................... 222
MATTERS OF JUDICIAL NOTICE ........................215 MEANING OF THE RULE ......................................... 222
MANDATORY .......................................................215 APPLICABILITY.................................................... 222
DISCRETIONARY ...................................................216 MEANING OF “ORIGINAL DOCUMENT”...................... 222
REQUISITES .........................................................216 REQUISITES FOR INTRODUCTION OF SECONDARY EVIDENCE
(EXCEPTIONS TO BER) ......................................... 222
JUDICIAL ADMISSIONS ...................................216
WHERE JUDICIAL ADMISSIONS MAY BE MADE .............216 RULES ON ELECTRONIC EVIDENCE ................ 222
HOW JUDICIAL ADMISSIONS MAY BE OBTAINED ............216 APPLICABILITY .................................................... 222
EFFECT OF JUDICIAL ADMISSIONS ............................216 MEANING OF ELECTRONIC DEVICE; ELECTRONIC DATA
HOW JUDICIAL ADMISSIONS MAY BE CONTRADICTED.....216 MESSAGE .......................................................... 222
CONCLUSIVE PRESUMPTIONS ..................................216 METHOD OF PROOF .............................................. 222
AUTHENTICATION OF ELECTRONIC DOCUMENTS &
JUDICIAL NOTICE OF FOREIGN LAWS, LAW OF NATIONS AND ELECTRONIC SIGNATURES..................................... 223
MUNICIPAL ORDINANCES ..................................... 218 ELECTRONIC DOCUMENTS & THE HEARSAY RULE ...... 224
FOREIGN LAWS ................................................... 218 AUDIO, PHOTOGRAPHIC, VIDEO &
LAW OF NATIONS ................................................ 219 EPHEMERAL EVIDENCE ......................................... 224
MUNICIPAL ORDINANCES....................................... 219
PAROL EVIDENCE .......................................... 224
MEANING OF PAROL EVIDENCE .............................. 224
Object (Real) Evidence ..... 219 APPLICATION OF THE PAROL EVIDENCE RULE ........... 224
NATURE OF OBJECT EVIDENCE ............................... 219 WHEN PAROL EVIDENCE CAN BE INTRODUCED .......... 224
DISTINCTIONS BETWEEN BEST EVIDENCE RULE & PAROL
REQUISITES FOR ADMISSIBILITY ................... 219 EVIDENCE RULE .................................................. 224
RELEVANT ......................................................... 219
COMPETENT ...................................................... 219 AUTHENTICATION AND PROOF
OF DOCUMENTS ............................................ 225
CATEGORIES OF OBJECT EVIDENCE .........................
219 MEANING OF AUTHENTICATION .............................. 225
UNIQUE OBJECTS ................................................
219 PUBLIC AND PRIVATE DOCUMENTS .......................... 225
OBJECTS MADE UNIQUE.........................................
219 ATTESTATION OF A COPY ...................................... 226
NON-UNIQUE OBJECTS .........................................
219 PROOF OF LACK OF RECORD .................................. 226
DEMONSTRATIVE EVIDENCE ......................... 219 WHAT TO ESTABLISH TO IMPEACH JUDICIAL RECORD .. 226
EPHEMERAL ELECTRONIC COMMUNICATIONS ........... 220 PROOF OF NOTARIAL DOCUMENTS .......................... 226
ALTERATIONS IN A DOCUMENT ............................... 226
VIEW OF AN OBJECT OR SCENE ...................... 220 DOCUMENTARY EVIDENCE IN AN
CHAIN OF CUSTODY ............................................. 220 UNOFFICIAL LANGUAGE ........................................ 226

CHAIN OF CUSTODY ....................................... 220


MEANING OF CHAIN OF CUSTODY ............................ 220 Testimonial Evidence ....... 227
WITH RESPECT TO A WITNESS ....................... 227

QUALIFICATIONS OF A WITNESS .................... 227 Offer and Objection ......... 240


WHEN DETERMINED ............................................. 227 OFFER OF EVIDENCE ..................................... 240
IN CASE A PERSON IS CONVICTED OF A CRIME ............. 227 CONCEPT .......................................................... 240
AS DISTINGUISHED FROM IDENTIFICATION OF
COMPETENCY VS. CREDIBILITY DOCUMENTARY EVIDENCE ..................................... 241
OF A WITNESS ................................................ 227 RATIONALE WHY FORMER OFFER IS NEEDED .............. 241
WHEN OFFER IS NOT REQUIRED .............................. 241
DISQUALIFICATIONS OF A WITNESS ............. 227 WHEN TO MAKE AN OFFER ............................ 241
BY REASON OF MENTAL INCAPACITY OR IMMATURITY . 227
BY REASON OF MARRIAGE ..................................... 227 WHEN TO MAKE AN OFFER ............................. 241
BY REASON OF DEATH OR INSANITY OF
ADVERSE PARTY.................................................. 228 OBJECTION ...................................................... 241
PRIVILEGED COMMUNICATIONS ............................. 228 CONCEPT............................................................ 241
PURPOSES OF OBJECTION ...................................... 241
EXAMINATION OF WITNESSES ....................... 230 FORMAL VS. SUBSTANTIVE OBJECTIONS................... 242
RIGHTS AND OBLIGATIONS OF A WITNESS ................. 230
ORDER IN THE EXAMINATION OF REPETITION OF AN OBJECTION ...................... 242
AN INDIVIDUAL WITNESS ....................................... 230
LEADING AND MISLEADING QUESTIONS .................... 231 RULING .......................................................... 242
METHODS OF IMPEACHMENT OF ADVERSE PARTY’S
WITNESS ............................................................ 231 STRIKING OUT OF AN ANSWER...................... 242
JUDICIAL AFFIDAVIT RULE ...................................... 232 MOTION TO STRIKE .............................................. 242

WITH RESPECT TO THE TESTIMONY ............... 233 TENDER OF EXCLUDED EVIDENCE ................. 242
HOW TO TENDER EVIDENCE ................................... 242
ADMISSIONS & CONFESSIONS ....................... 233 RATIONALE ........................................................ 242
ADMISSIONS OF A PARTY ....................................... 233 2 METHODS OF MAKING THE TENDER ...................... 242
CONFESSIONS .................................................... 234 ERRONEOUS WAY OF MAKING TENDER .................... 242
RES INTER ALIOS ACTA RULE .................................. 234
SPECIAL PROCEEDINGS
HEARSAY RULE ............................................. 235
MEANING OF HEARSAY ......................................... 235
REASON FOR EXCLUSION OF HEARSAY EVIDENCE ....... 235
Preliminary Matters ......... 244
SPECIAL PROCEEDINGS ................................ 244
GENERAL RULE ON HEARSAY ................................. 235
APPLICABLE RULES ....................................... 244
EXCEPTIONS ....................................................... 235
SUBJECT MATTER AND APPLICABILITY OF
GENERAL RULES ........................................... 244
OPINION RULE ............................................... 239 DIFFERENCE BETWEEN ACTION AND SPECIAL
OPINION OF EXPERT WITNESS ................................ 239
PROCEEDING ................................................. 244
OPINION OF ORDINARY WITNESS ............................ 239
VENUES AND JURISDICTIONS FOR SPECIAL
PROCEEDINGS ............................................... 244
CHARACTER EVIDENCE .................................. 239 MODES OF SETTLEMENT
CRIMINAL CASES ................................................. 239
OF ESTATE [HERRERA] ................................. 245
CIVIL CASES ........................................................ 239

RULE ON EXAMINATION OF A
CHILD WITNESS .............................................. 239
Settlement of Estate of
MEANING OF “CHILD WITNESS” .............................. 239 Deceased Persons, Venue
APPLICABILITY OF THE RULE ................................. 239
COMPETENCY OF A CHILD WITNESS ......................... 239 And Process ..................... 245
EXAMINATION OF A CHILD WITNESS ......................... 239 WHICH COURT HAS JURISDICTION ................ 245
LIVE-LINK TV TESTIMONY OF A CHILD WITNESS .......... 240 JURISDICTION OF RTCS ......................................... 245
VIDEOTAPED DEPOSITION OF A CHILD WITNESS .......... 240 JURISDICTION OF MTCS ........................................ 245
HEARSAY EXCEPTION IN CHILD ABUSE CASES ............ 240 TESTATE PROCEEDINGS TAKE PRECEDENCE OVER
SEXUAL ABUSE SHIELD RULE ................................. 240 INTESTATE PROCEEDINGS OF THE SAME ESTATE. ....... 246
PROTECTIVE ORDERS ........................................... 240
VENUE IN JUDICIAL
SETTLEMENT OF ESTATE ............................... 246 Production and Probate of
RULE 73 RELATES TO VENUE AND
NOT TO JURISDICTION ......................................... 246
Will .................................... 249
MEANING OF TERM “RESIDES” ............................... 246
NATURE OF PROBATE PROCEEDING ............ 249
EFFECT OF PROBATE OF WILL ................................. 249
EXTENT OF JURISDICTION
OF PROBATE COURT ...................................... 246 WHO MAY PETITION FOR PROBATE; PERSONS
PROBATE COURT IS OF LIMITED JURISDICTION ........... 246 ENTITLED TO NOTICE .................................... 249
PETITIONER FOR THE ALLOWANCE OF THE WILL ......... 249
POWERS AND DUTIES OF PROBATE COURT .. 246 MEANING OF INTEREST IN ESTATE .......................... 249
JURISDICTION, HOW ACQUIRED .............................. 250

Summary Settlement of Allowance or Disallowance of


Estates .............................. 246 Will .................................... 250
EXTRAJUDICIAL SETTLEMENT BY AGREEMENT
BETWEEN HEIRS, WHEN ALLOWED ............... 246 CONTENTS OF PETITION FOR ALLOWANCE OF
REQUISITES ....................................................... 246 WILL .............................................................. 250
PROCEDURE ...................................................... 247 DEFECT IN PETITION ............................................ 250
BOND REQUIREMENT ........................................... 247
NOT BINDING ON ANY PERSON WHO ........................ 247 GROUNDS FOR DISALLOWING A WILL .......... 250
VALIDITY OF ORAL PARTITION ................................ 247
VALIDITY OF COMPROMISE AGREEMENT ................... 247 REPROBATE; REQUISITES BEFORE WILL PROVED
NO PRECLUSION FROM INSTITUTING ADMINISTRATION OUTSIDE ALLOWED IN THE PHILIPPINES;
PROCEEDINGS .................................................... 247 EFFECTS OF PROBATE ................................... 250
REPROBATE ....................................................... 250
TWO-YEAR PRESCRIPTIVE PERIOD ............... 247
PRESUMPTION OF NO DEBTS ................................. 247 REQUISITES FOR ALLOWANCE ..................... 250
EFFECT ............................................................. 250
AFFIDAVIT OF SELF-ADJUDICATION BY SOLE
HEIR ............................................................... 247
BOND REQUIREMENT ........................................... 247 Letters Testamentary and of
SUMMARY SETTLEMENT OF ESTATES OF SMALL
Administration ................. 250
VALUE ............................................................ 247 WHEN AND TO WHOM LETTERS OF
WHEN ALLOWED ................................................. 247 ADMINISTRATION GRANTED ........................ 250
PROCEDURE ...................................................... 248 WHO ARE INCOMPETENT TO SERVE ......................... 250

REMEDIES OF AGGRIEVED PARTIES AFTER ORDER OF PREFERENCE ................................ 251


EXTRA-JUDICIAL SETTLEMENT OF ESTATE ... 248 ORDER OF PREFERENCE IN THE GRANT OF
CLAIM AGAINST THE BOND OR THE ESTATE WITHIN TWO ADMINISTRATION ................................................ 251
YEARS .............................................................. 248 REASON FOR ORDER OF PREFERENCE ...................... 251
ACTION TO ANNUL A DEED OF 30-DAY PERIOD MAY BE WAIVED ............................. 251
EXTRAJUDICIAL PARTITION .................................... 249
NEW ACTION TO ANNUL SETTLEMENT WITHIN OPPOSITION TO ISSUANCE OF LETTERS
REGLEMENTARY PERIOD OF TWO YEAR .................... 249 TESTAMENTARY; SIMULTANEOUS FILING OF
REOPENING BY INTERVENTION BEFORE RENDITION OF PETITION FOR ADMINISTRATION .................. 251
JUDGMENT WITHIN THE REGLEMETARY PERIOD OF TWO MEANING OF INTERESTED PERSON .......................... 251
YEARS .............................................................. 249 GROUNDS .......................................................... 251
PETITION FOR RELIEF ON THE GROUND OF FRAUD, CONTENTS ......................................................... 251
ACCIDENT, MISTAKE OR EXCUSABLE NEGLIGENCE ...... 249 JURISDICTIONAL FACTS ......................................... 251
RESCISSION IN CASE OF PRETERITION ...................... 249 PUBLICATION AND NOTICE ..................................... 251
SIMULTANEOUS FILING OF OPPOSITION AND PETITION 252
POWERS AND DUTIES OF EXECUTORS AND INSOLVENT NON-RESIDENT .................................. 256
ADMINISTRATORS; RESTRICTIONS ON THE INSOLVENT RESIDENT WITH FOREIGN CREDITORS AND
POWERS ........................................................ 252 FOREIGN CLAIMS PROVEN IN ANOTHER COUNTRY ...... 256
GENERAL POWERS AND DUTIES OF EXECUTORS AND ORDER OF PAYMENT OF DEBTS .............................. 256
ADMINISTRATORS ............................................... 252 APPEAL TAKEN FROM A DECISION OF THE COURT
RESTRICTIONS ON POWERS OF EXECUTORS AND CONCERNING THE CLAIM ...................................... 256
ADMINISTRATORS ............................................... 252 FROM TIME TO TIME FURTHER
ORDERS OF DISTRIBUTION ................................... 256
APPOINTMENT OF CREDITORS TO BE PAID IN ACCORDANCE WITH TERMS OF
SPECIAL ADMINISTRATOR ............................ 253 ORDER ............................................................. 256
WHEN APPOINTED ............................................... 253 COURT SHALL ALLOW EXECUTOR OR ADMINISTRATOR A
PROCEDURE FOR APPOINTMENT ............................ 253 TIME FOR DISPOSING THE ESTATE AND PAYING DEBTS AND
POWERS AND DUTIES OF SPECIAL ADMINISTRATOR .... 253 LEGACIES ......................................................... 256
WHEN SPECIAL ADMINISTRATOR CEASES DUTIES ........ 253

GROUNDS FOR
Actions by and against
REMOVAL OF ADMINISTRATOR .................... 253
REVOCATION OF ADMINISTRATOR ........................... 253
Executors
REMOVAL OF EXECUTOR OR ADMINISTRATOR ............ 253 and Administrators ..........257
EFFECT OF REMOVAL, DEATH, OR RESIGNATION ........ 254 ACTIONS THAT MAY BE BROUGHT AGAINST
EXECUTORS AND ADMINISTRATORS ........... 257
Claims against ACTIONS WHICH MAY AND WHICH MAY NOT BE BROUGHT
AGAINST THE EXECUTOR OR ADMINISTRATOR ........... 257
the Estate ......................... 254 ACTIONS WHICH MAY NOT BROUGHT AGAINST
ADMINISTRATORS ............................................... 257
ESTATE BURDENED WITH EXECUTOR OR ADMINISTRATOR MAY BRING OR DEFEND
LIEN OF CREDITORS ...................................... 254 ACTIONS WHICH SURVIVE ..................................... 257
PURPOSE OF PRESENTATION OF CLAIMS WHEN RECOVERY OF PROPERTY FRAUDULENTLY CONVEYED
AGAINST ESTATE ........................................... 254 BY DECEASED MAY BE RECOVERED .......................... 257
TIME WITHIN WHICH CLAIMS SHALL BE FILED; DUTY OF EXECUTOR/ADMINISTRATOR ..................... 257
EXCEPTIONS .................................................. 254 REQUISITES BEFORE CREDITOR MAY BRING AN ACTION FOR
RECOVERY OF PROPERTY FRAUDULENTLY CONVEYED BY
STATUTE OF NON-CLAIMS ............................ 254 THE DECEASED ................................................... 257
CLAIMS COVERED (EXCLUSIVE) .............................. 254 ALLOWED IN TWO INSTANCES ................................ 257
CONTINGENT CLAIM WHEN ALLOWED ...................... 254 EFFECT ............................................................. 258
IF DISPUTED ....................................................... 254

CLAIM OF EXECUTOR OR ADMINISTRATOR Distribution and


AGAINST THE ESTATE .................................... 255
PROCEDURE TO FOLLOW IF THE EXECUTOR OR Partition ............................ 258
ADMINISTRATOR HAS A CLAIM AGAINST THE ESTATE HE LIQUIDATION ................................................ 258
REPRESENTS ..................................................... 255 PROJECT OF PARTITION ................................ 258
EFFECT OF FINAL DECREE OF DISTRIBUTION 258
PAYMENT OF DEBTS ...................................... 255 REMEDY OF AN HEIR ENTITLED TO RESIDUE BUT
DEBTS PAID IN FULL IF ESTATE SUFFICIENT ............... 255
NOT GIVEN HIS SHARE .................................. 258
INSTANCES WHEN PROBATE COURT MAY ISSUE WRIT OF
PART OF ESTATE FROM WHICH DEBT PAID WHEN PROVISION
EXECUTION ........................................................ 258
MADE BY WILL .................................................... 255
PERSONALTY FIRST CHARGEABLE FOR DEBTS, THEN
REALTY ............................................................ 255
ESTATE TO BE RETAINED TO MEET
Trustees ............................ 259
CONTINGENT CLAIMS .......................................... 255
DISTINGUISHED FROM EXECUTOR OR
PAYMENT OF CONTINGENT CLAIM ........................... 255
ADMINISTRATOR .......................................... 259
COURT TO FIX CONTRIBUTIVE SHARES WHERE DEVISEES,
CONDITIONS OF THE BOND ........................... 259
WHEN EXEMPT ................................................... 259
LEGATES, OR HEIRS HAVE BEEN IN POSSESSION ........ 255
CONDITIONS ...................................................... 259
ORDER OF PAYMENT IF ESTATE IS INSOLVENT ........... 256
DIVIDENDS TO BE PAID IN PROPORTION TO CLAIMS .... 256
REQUISITES FOR THE REMOVAL AND DISTINGUISH DOMESTIC ADOPTION FROM
RESIGNATION OF A TRUSTEE ........................ 259 INTER-COUNTRY ADOPTION (ANNEX A) ....... 265

GROUNDS FOR REMOVAL AND RESIGNATION OF DOMESTIC ADOPTION ACT ............................ 265
A TRUSTEE ..................................................... 259 PROCEDURE ...................................................... 265
GROUNDS FOR REMOVAL ...................................... 259 EFFECTS OF ADOPTION ......................................... 265
GROUNDS FOR RESIGNATION ................................. 259 INSTANCES WHEN ADOPTION MAY BE RESCINDED ...... 266
RESCISSION OF ADOPTION OF THE ADOPTEE ............. 266
EXTENT OF AUTHORITY OF TRUSTEE ............ 259 INTER-COUNTRY ADOPTION ......................... 266
NATURE OF POSSESSION ...................................... 259 WHEN ALLOWED ................................................. 266
TERRITORIALITY OF AUTHORITY OF TRUSTEE ............. 259 INTER-COUNTRY ADOPTION AS THE LAST RESORT; “BEST
INTEREST OF THE CHILD” AS OBJECTIVE ................... 266
FUNCTIONS OF THE RTC ........................................ 266
Escheat ............................. 260
WHEN TO FILE ................................................ 260
Writ of Habeas Corpus .... 266
VITAL PURPOSES .......................................... 266
REQUISITES FOR FILING OF PETITION ........... 260
WHO MAY ISSUE THE WRIT ........................... 267
PROCEDURE ...................................................... 260
TEMPORARY RELEASE MAY CONSTITUTE
RESTRAINT -ELEMENTS ................................ 267
REMEDY OF RESPONDENT AGAINST PETITION; NATURE ......................................................... 267
PERIOD FOR FILING A CLAIM ......................... 260 WHC MAY BE USED WITH WRIT OF CERTIORARI
PERIOD TO APPEAL AND CLAIM THE ESTATE .............. 260 FOR PURPOSES OF REVIEW .......................... 267
FILED BY WHOM .................................................. 260 WHC IS NOT THE PROPER REMEDY FOR THE
PERIOD FOR FILING CLAIM ..................................... 260 CORRECTION OF ERRORS OF FACT OR LAW . 267
WHC IS NOT PROPER ..................................... 268
Guardianship .................... 261 WHC IS PROPER ............................................ 268
GUARDIAN ......................................................261 CONTENTS OF THE PETITION ........................ 268
BASIS: PARENS PATRIAE ................................261 REQUISITES OF APPLICATION ................................. 268
KINDS OF GUARDIANS ..........................................261 PROCEDURE ...................................................... 268

GUARDIANSHIP OF INCOMPETENT ................261 CONTENTS OF THE RETURN .......................... 268


PROCEDURE .......................................................261 WHEN THE RETURN CONSIDERED EVIDENCE, AND WHEN
ONLY A PLEA ...................................................... 268
GENERAL POWERS AND DISTINGUISH PEREMPTORY WRIT FROM
DUTIES OF GUARDIANS ..................................261 PRELIMINARY CITATION ............................... 268
REIMBURSEMENT OF REASONABLE EXPENSES .......... 262 WHEN WRIT NOT PROPER OR APPLICABLE .. 268
PAYMENT OF COMPENSATION ................................ 262
EMBEZZLEMENT, CONCEALMENT, OR CONVEYANCE OF WHEN DISCHARGE NOT AUTHORIZED .......... 269
WARD’S PROPERTIES ........................................... 262 DISCHARGE FROM CUSTODY WILL NOT BE ALLOWED IF 269
ORDER TO SHOW CAUSE ....................................... 262
ORDER FOR SALE OR ENCUMBRANCE ....................... 262 DISTINGUISHED FROM WRIT OF AMPARO AND
INVESTMENT OF PROCEEDS AND MANAGEMENT OF HABEAS DATA (ANNEX B) ............................... 269
PROPERTY ......................................................... 262 CUSTODY OF MINORS AND WRIT OF HABEAS
CORPUS IN RELATION TO CUSTODY OF MINORS
CONDITIONS OF THE BOND OF THE GUARDIAN (A.M. NO. 03-04-04-SC) ................................. 269
....................................................................... 262 APPLICABILITY ................................................... 269
PETITION FOR RIGHTFUL CUSTODY .......................... 269
RULE ON GUARDIANSHIP OVER MINORS ...... 263 WHERE TO FILE ................................................... 269
PETITION FOR APPOINTMENT OF GUARDIAN .............. 263 CONTENTS ........................................................ 269
THE GUARDIAN ................................................... 264 ANSWER TO THE PETITION .................................... 269
REMOVAL, RESIGNATION, AND TERMINATION OF MANDATORY PRE-TRIAL ....................................... 270
GUARDIANSHIP .................................................. 264 INTERIM RELIEFS ................................................ 270
JUDGMENT ......................................................... 271

Adoption ........................... 265


WRIT OF HABEAS CORPUS IN RELATION TO
CUSTODY OF MINORS ..................................... 271 Change of Name and
Cancellation or Correction of
Writ of Amparo ...................271 Entries In
COVERAGE ...................................................... 271
WRIT OF AMPARO ................................................ 271 the Civil Registry ...............275
DIFFERENCES UNDER THE APPLICABLE RULES
DISTINGUISH FROM WRIT OF HABEAS CORPUS (RULE 103, RULE 108, RA 9048) ..................... 275
AND HABEAS DATA (ANNEX C) ...................... 272 GROUNDS FOR CHANGE OF NAME (ANNEX D) 275
DISTINGUISH WRIT OF AMPARO FROM SEARCH JURISPRUDENCE ........................................... 275
WARRANT ..................................................... 272

WHO MAY FILE ............................................... 272 Absentees .........................276


RATIO FOR PREFERENCE ....................................... 272 PURPOSE OF THE RULE ................................. 276
WHERE TO FILE ................................................... 272
CONTENTS ......................................................... 272
WHO MAY FILE; WHEN TO FILE ...................... 276
WHEN TERMINATED ..................................... 276
CONTENTS OF RETURN ................................. 273
CONTENTS ......................................................... 273
TO WHOM RETURNABLE ....................................... 273 Cancellation or Correction of
OMNIBUS WAIVER RULE ............................... 273
Entries in
DEFENSES NOT PLEADED DEEMED WAIVED. .............. 273 the Civil Registry ............... 277
ENTRIES SUBJECT TO CANCELLATION OR
EFFECT OF FAILURE TO FILE A RETURN ........ 273 CORRECTION UNDER RULE 108, IN RELATION TO
RA 9048 .......................................................... 277
PROCEDURE FOR HEARING ON THE WRIT .... 273 SUBSTANTIAL CHANGE .......................................... 277
SUMMARY HEARING ............................................ 273 APPROPRIATE ADVERSARY PROCEEDING ................. 277
PROHIBITED PLEADINGS AND MOTIONS .................... 273 PROCEDURAL REQUIREMENTS OF AN ADVERSARY
JUDGMENT ........................................................ 273 PROCEEDING ...................................................... 277
ARCHIVING AND REVIVAL OF CASES ......................... 273

INSTITUTION OF SEPARATE ACTIONS ........... 273


Appeals in Special
EFFECT OF FILING OF A CRIMINAL ACTION ... 273 Proceeding ........................ 277
JUDGMENTS AND ORDERS FOR WHICH APPEAL
CONSOLIDATION ........................................... 274 MAY BE TAKEN ............................................... 277
WHEN TO APPEAL ......................................... 278
INTERIM RELIEFS AVAILABLE TO THE MODES OF APPEAL ....................................... 278
PETITIONER ................................................... 274 RULE ON ADVANCE DISTRIBUTION ............... 278
TEMPORARY PROTECTION ORDER ........................... 274
INSPECTION ORDER ............................................. 274
ANNEX A ........................................................ 279
PRODUCTION ORDER ........................................... 274
ANNEX B ....................................................... 282
WITNESS PROTECTION ORDER ............................... 275
ANNEX C ........................................................ 283
ANNEX D ........................................................ 289
INTERIM RELIEFS AVAILABLE TO THE
RESPONDENT ................................................ 275
REQUISITES ....................................................... 275

QUANTUM OF PROOF IN APPLICATION FOR


ISSUANCE OF WRIT:
SUBSTANTIAL EVIDENCE .............................. 275
IF RESPONDENT IS A PUBLIC OFFICIAL OR EMPLOYEE .. 275
IF RESPONDENT IS A PRIVATE INDIVIDUAL OR ENTITY . 275
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General Principles (c) Judicial process for enforcing rights and duties
recognized by substantive law and for justly
administering remedy and redress for a disregard
CONCEPT OF REMEDIAL LAW or infraction of them. [Fabian v Desierto (1998)]
CONCEPT
Remedial statute or statutes: SUBSTANTIVE LAW
(1) relating to remedies or modes of procedure; That part of the law which creates, defines and
(2) do not take away or create vested rights; regulates rights concerning life, liberty, or property, or
(3) BUT operate in furtherance of rights already the powers of agencies or instrumentalities for the
existing. [Riano citing Systems Factor Corporation administration of public affairs [Bustos v Lucero
v NLRC (2000)] (1948)]

The Rules of Court, promulgated by authority of law, RULE-MAKING POWER OF THE SUPREME COURT
have the force and effect of law, if not in conflict with (a) The Rules of Court was adopted and
positive law [Inchausti & Co v de Leon (1913)]. The rule promulgated by the Supreme Court pursuant to
is subordinate to the statute, and in case of conflict, the provisions of Sec 5(5) of Art. VIII of the
the statute will prevail. [Shioji v Harvey (1922)]. Constitution, vesting in it the power to:
(1) Promulgate rules concerning the protection
APPLICABILITY and enforcement of constitutional rights,
The Rules of Court is applicable in ALL COURTS, pleading, practice and procedure in all courts,
except as otherwise provided by the SC [Rule 1, Sec. the admission to the practice of law, the
2]. Integrated Bar, and legal assistance to the
underprivileged.
It governs the procedure to be observed in civil or (b) The power to promulgate rules of pleading,
criminal actions and special proceedings [Rule 1, Sec. practice, and procedure is no longer shared by the
3]. It does not apply to the following cases: [ELCINO] Supreme Court with Congress, more so with the
(1) Election cases, executive… [Riano citing Echegaray v Secretary of
(2) Land registration cases, Justice (1999)]
(3) Cadastral cases,
(4) Naturalization cases, LIMITATIONS ON THE RULE-MAKING POWER OF THE
(5) Insolvency proceedings SUPREME COURT
(6) Other cases not herein provided for Sec 5(5) of Art. VIII of the Constitution sets forth the
limitations to the power: [SUS]
Except by analogy or in a suppletory character and (a) that the rules shall provide a simplified and
whenever practicable and convenient [Rule 4, Sec. 4] inexpensive procedure for speedy disposition of
cases;
PROSPECTIVITY/RETROACTIVITY (b) that the rules shall be uniform for courts of the
The Rules of Court are not penal statutes and cannot same grade; and
be given retroactive effect [Bermejo v Barrios (1970)]. (c) that the rules shall not diminish, increase or
modify substantive rights.
Rules of procedure may be made applicable to
actions pending and undetermined at the time of POWER OF THE SUPREME COURT TO AMEND AND SUSPEND
their passage, and are deemed retroactive in that PROCEDURAL RULES
sense and to that extent. [In the Matter to Declare in Power to amend remedial laws
Contempt of Court Hon. Simeon Datumanong (a) The constitutional faculty of the Court to
(2006)]. promulgate rules of practice and procedure
necessarily carries with it the power to overturn
SUBSTANTIVE LAW AS DISTINGUISHED FROM judicial precedents on points of remedial law
REMEDIAL LAW through the amendment of the Rules of Court.
[Pinga v Heirs of Santiago (2006)].
REMEDIAL LAW OR PROCEDURAL LAW (b) The SC has the sole prerogative to amend, repeal,
(a) provides a method of enforcing the rights or even establish new rules for a more simplified
established by substantive law; and inexpensive process, and the speedy
(b) prescribes the method of enforcing rights or disposition of case [Neypes v CA (2005)]
obtaining redress for their invasion. [Bustos v
Lucero (1948)]

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Power to suspend remedial laws COURT AS DISTINGUISHED FROM A JUDGE


(a) It is within the inherent power of the Supreme
Court to suspend its own rules in a particular case Court Judge
in order to do justice [De Guia v De Guia (2001)].
(b) When the operation of rules will lead to an Tribunal officially
injustice or if their application tends to subvert assembled under Simply an officer of such
and defeat instead of promote and enhance authority of law tribunal
justice, their suspension is justified [Republic v CA
(1978)]. An organ of the Person who sits in court
(c) There is no absolute rule as to what constitutes government with a
good and sufficient cause that will merit personality separate and
suspension of the rules. The matter is distinct from judge
discretionary upon the Court [Republic v Imperial
Jr. (1999)]. An office A public officer [Riano]
(d) The bare invocation of "the interest of substantial
justice" is not a magic wand that will The circumstances of the court are not affected by the
automatically compel this Court to suspend circumstance that would affect the judge. The
procedural rules [Ramos v Sps Lavendia (2008)]. continuity of a court and the efficacy of its
(e) Procedural rules are not to be belittled or proceedings are not affected by the death,
dismissed simply because their non-observance resignation, or cessation from the service of the
may have resulted in prejudice to a party's judge presiding over it. In other words, the judge may
substantive rights. Like all rules, they are required resign, become incapacitated, or be disqualified to
to be followed except only for the most persuasive hold office, but the court remains. The death of the
of reasons when they may be relaxed to relieve a judge does not mean the death of the court [Riano
litigant of an injustice not commensurate with the citing ABC Davao Auto Supply v. CA (1998)].
degree of his thoughtlessness in not complying
with the procedure prescribed. [Polanco v Cruz CLASSIFICATION OF PHILIPPINE COURTS
(2009)]. Note: Please see succeeding subsections for
discussions on a to d.
NOTE: Although not laws in the technical sense of (a) Courts of law and equity
the term, Rules of Court, promulgated by authority of (b) Courts of Original and Appellate jurisdiction
law, have the force and effect of law. [Riano citing (c) Courts of General and Special jurisdiction
Shioji v Harvey (1922)] (d) Constitutional and statutory courts
(e) Superior and Inferior courts
Applicability: Prospective (1) Superior courts – Courts which have the
The Rules of Court shall govern cases brought after power of review or supervision over another
they take effect, and also all further proceedings and lower court.
then pending, EXCEPT to the extent that in the (2) Inferior courts – Those which, in relation to
opinion of the Court their application would not be another court, are lower in rank and subject to
feasible or would work injustice. [Riano citing Rule review and supervision by the latter.
114] [Regalado]
(f) Courts of record and not of record
NATURE OF PHILIPPINE COURTS (1) Courts of record – Those whose proceedings
MEANING OF A COURT are enrolled and which are bound to keep a
written record of all trials and proceedings
Definition handled by them. [Regalado] One attribute of
(a) A court is an organ of the government belonging a court of record is the strong presumption as
to the judicial department, the function of which is to the veracity of its records that cannot be
the application of the laws to controversies collaterally attacked except for fraud. All
brought before it (and) as well as the public Philippine courts, including inferior courts, are
administration of justice. now courts of record. [Riano]
(b) Generally, the term describes an organ of the (2) Courts not of record – Courts which are not
government consisting of one person or of several required to keep a written record or transcript
persons, called upon and authorized to of proceedings held therein.
administer justice. It is also the place where
justice is administered. [Riano citing Black’s and
Am. Jur. and C. J. S.]

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COURTS OF ORIGINAL AND APPELLATE JURISDICTION important reasons therefor, clearly and
(a) Courts of original jurisdiction – Those courts in specifically set out in the petition. [Mangahas v.
which, under the law, actions or proceedings may Paredes (2007)]. The Supreme Court may
be originally commenced. disregard the principle of hierarchy of courts if
(b) Courts of appellate jurisdiction – Courts which warranted by the nature and importance of the
have the power to review on appeal the decisions issues raised in the interest of speedy justice and
or orders of a lower court. [Regalado] avoid future litigations [Riano].

COURTS OF GENERAL AND SPECIAL JURISDICTION DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF


(a) Courts of general jurisdiction – Those competent JUDICIAL STABILITY
to decide their own jurisdiction and to take (a) The principle holds that courts of equal and
cognizance of all kinds of cases, unless otherwise coordinate jurisdiction cannot interfere with each
provided by the law or Rules. other’s orders [Lapu-lapu Development and
(b) Courts of special or limited jurisdiction – Those Housing Corp. v. Group Management Corp.(2002)]
which have no power to decide their own The principle also bars a court from reviewing or
jurisdiction and can only try cases permitted by interfering with the judgment of a co-equal court
statute. [Regalado] over which it has no appellate jurisdiction or
power of review [Villamor v. Salas (1991)].
CONSTITUTIONAL AND STATUTORY COURTS (b) The doctrine of non-interference applies with
(a) Constitutional courts – Those which owe their equal force to administrative bodies. When the law
creation and existence to the Constitution and, provides for an appeal from the decision of an
therefore cannot be legislated out of existence or administrative body to the SC or CA, it means
deprived by law of the jurisdiction and powers that such body is co-equal with the RTC in terms
unqualifiedly vested in them by the Constitution. of rank and stature, and logically beyond the
e.g. Supreme Court; Sandiganbayan is a control of the latter [Phil Sinter Corp. v. Cagayan
constitutionally-mandated court but created by Electric Power (2002)].
statute.
(b) Statutory courts – Those created, organized and
with jurisdiction exclusively determined by law.
[Regalado]
Jurisdiction
COURTS OF LAW AND EQUITY
Philippine courts are both courts of law and equity. JURISDICTION
Hence, both legal and equitable jurisdiction is Jurisdiction is defined as the authority to try, hear
dispensed with in the same tribunal [U.S. v. and decide a case [Tolentino v. Leviste (2004)].
Tamparong (1998)]
Judicial power includes the duty of the courts of
PRINCIPLE OF JUDICIAL HIERARCHY justice: [Art 8, Sec. 1, Constitution]
(a) The judicial system follows a ladderized scheme (a) To settle actual controversies involving rights
which in essence requires that lower courts which are legally demandable and enforceable;
initially decide on a case before it is considered by (b) To determine WON there has been a grave abuse
a higher court. Specifically, under the judicial of discretion amounting to lack or excess of
policy recognizing hierarchy of courts, a higher jurisdiction on the part of any government
court will not entertain direct resort to it unless branch/ instrumentality.
the redress cannot be obtained in the appropriate
courts. [Riano citing Santiago v. Vasquez (1993)] All courts exercise judicial power. Only the Supreme
(b) The principle is an established policy necessary to Court is the court created by the Constitution [Art 8,
avoid inordinate demands upon the Court’s time Sec. 1, Constitution]. The Sandiganbayan is a
and attention which are better devoted to those Constitutionally mandated court, but it is created by
matters within its exclusive jurisdiction, and to statute. [PD 1486]
preclude the further clogging of the Court’s docket
[Lim v. Vianzon (2006)]. JURISDICTION IN GENERAL
(c) When the doctrine/principle may be disregarded:
A direct recourse of the Supreme Court’s original JURISDICTION OVER THE PARTIES
jurisdiction to issue writs (referring to the writs of Note: The mode of acquisition of jurisdiction over the
certiorari, prohibition, or mandamus) should be plaintiff and the defendant applies both to ordinary
allowed only when there are special and and special civil actions.

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How jurisdiction over the plaintiff is acquired (e) Once attached to a court, it cannot be ousted by
Jurisdiction over the plaintiff is acquired by filing of subsequent statute.
the complaint or petition. By doing so, he submits
himself to the jurisdiction of the court [Davao Light & Exception: The statute itself conferring new
Power Co., Inc. v CA (1991)]. jurisdiction expressly provides for retroactive
effect. [Southern Food v. Salas (1992)]
How jurisdiction over the defendant is acquired
Acquired by the (f) The filing of the complaint or appropriate
(1) voluntary appearance or submission by the initiatory pleading and the payment of the
defendant or respondent to the court or prescribed docket fee vest a trial court with
(2) by coercive process issued by the court to him, jurisdiction over the subject matter or the nature
generally by the service of summons [de Joya v. of the action [CB v. CA (1992)](2008 Bar Exam).
Marquez (2006), citing Regalado]
Exception: Non-payment of docket fee does not
In an action in personam, jurisdiction over the person automatically cause the dismissal of the case on
is necessary for the court to validly try and decide the the ground of lack of jurisdiction as long as the
case, while in a proceeding in rem or quasi in rem, fee is paid within the applicable prescriptive or
jurisdiction over the person of the defendant is not a reglementary period, more so when the party
prerequisite to confer jurisdiction on the court involved demonstrates a willingness to abide by
provided the latter has jurisdiction over the res [Alba the rules prescribing such payment. [Go v. Tong
v. CA (2005)]. (2003)]

JURISDICTION OVER THE SUBJECT MATTER Jurisdiction versus the exercise of jurisdiction
(a) Jurisdiction: the authority to hear and determine a
Meaning of jurisdiction over the subject matter cause — the right to act in a case. [Arranza v. BF
Jurisdiction over the subject matter is the power to Homes (2000)].
deal with the general subject involved in the action,
and means not simply jurisdiction of the particular ‘Exercise of Jurisdiction.’: the exercise of this
case then occupying the attention of the court but power or authority
jurisdiction of the class of cases to which the
particular case belongs (Riano citing CJS). (b) Jurisdiction is distinct from the exercise thereof.
Jurisdiction is the authority to decide a case and
It is the power to hear and determine cases of the not the decision rendered therein. When there is
general class to which the proceedings in question jurisdiction over the subject matter, the decision
belong [Reyes v. Diaz (1941)] on all other questions arising in the case is but an
exercise of jurisdiction. [Herrera v. Baretto et al
How conferred and determined (1913)]
(a) It is conferred only by the Constitution or the law.
Error of jurisdiction as distinguished from error of
(b) Jurisdiction CANNOT be: judgment
(1) fixed by agreement of the parties;
(2) cannot be acquired through, or waived,
enlarged or diminished by, any act or omission Error of jurisdiction Error of judgment
of the parties;
(3) neither can it be conferred by the It is one where the act It is one which the court
acquiescence of the court [Regalado citing De complained of was issued may commit in the
Jesus v Garcia (1967)]. by the court without or in exercise of its
(4) cannot be subject to compromise [Civil Code, excess of jurisdiction jurisdiction [Cabrera v.
Art 2035] [Cabrera v. Lapid (2006)]. Lapid (2006)].
(c) Jurisdiction over the subject matter is determined It includes errors of
by the allegations of the complaint and the reliefs procedure or mistakes in
prayed for. [Gulfo v. Ancheta (2012)] the court’s mistakes in
the court’s findings
(d) It is not affected by the pleas set up by the [Banco Filipino Savings
defendant in the answer or in the answer or in a v. CA (2000)]
motion to dismiss. [Sindico v. Diaz (2004)]. Correctible only by the Correctible by appeal

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the filing or service of an answer. Lack of


Error of jurisdiction Error of judgment jurisdiction over subject matter is a ground for a
motion to dismiss. If no motion is filed, the
extraordinary writ of [Cabrera v Lapid (2006)] defense of lack of jurisdiction may be raised as an
certiorari [Cabrera v Lapid affirmative defense in the answer. [Riano citing
(2006)] Sec. 1(b) and 6 of Rule 16].
Renders a judgment void Ground for reversal only (c) Jurisdiction over subject matter may be raised at
or voidable [Rule 16 Sec. if it is shown that any stage of proceedings, even for the first time on
1, Rule 65] prejudice has been appeal [Calimlim v. Ramirez (1982)]
caused [Banco Español-
Filipino v Palanca (1918)] Effect of estoppel on objections to jurisdiction

How jurisdiction is conferred and determined Jurisdiction by estoppel


Jurisdiction being a matter of substantive law, the General Rule: Estoppel does not apply to confer
statute in force at the time of the commencement of jurisdiction to a tribunal that has none over a cause
the action determines the jurisdiction of the court. of action. Jurisdiction is conferred by law. Where
there is none, no agreement of the parties can
Doctrine of primary jurisdiction provide one. Settled is the rule that the decision of a
(a) Courts cannot and will not resolve a controversy tribunal not vested with appropriate jurisdiction is
involving a question which is within the null and void. [SEAFDEC-AQD v. NLRC (1992)]
jurisdiction of an administrative tribunal, especially
where the question demands the exercise of Exception: Participation in all stages of the case
sound administrative discretion requiring the before the trial court, that included invoking its
special knowledge, experience and services of the authority in asking for affirmative relief, effectively
administrative tribunal to determine technical barred petitioner by estoppel from challenging the
and intricate matters of fact [Paloma v. Mora court’s jurisdiction. [Soliven v. Fastforms (2004)]
(2005)].
(b) Objective is to guide a court in determining JURISDICTION OVER THE ISSUES
whether it should refrain from exercising its (a) The power of the court to try and decide issues
jurisdiction until after an administrative agency raised in the pleadings of the parties [Reyes v.
has determined some question or some aspect of Diaz (1941)]
some question arising in the proceeding before (b) How conferred & determined:
the court [Riano citing Omictin v. CA (2007)] (1) Pleadings filed by the parties,
(2) Agreement in a pre-trial order or stipulation
Doctrine of adherence of jurisdiction [Rule 18, Sec. 2], or
(a) Also known as doctrine of continuity of jurisdiction (3) Implied consent as by the failure of a party to
(b) The court, once jurisdiction has been acquired, object to evidence on an issue not covered by
retains that jurisdiction until it finally disposes of the pleadings in Rule 10, Sec. 5. [Regalado]
the case [Bantua v. Mercader (2001)].
(c) As a consequence, jurisdiction is not affected by a JURISDICTION OVER THE RES OR PROPERTY IN LITIGATION
new law placing a proceeding under the (a) Refers to the court’s jurisdiction over the thing or
jurisdiction of another tribunal, EXCEPT: the property which is the subject of the litigation.
(d) where there is an express provision in the statute (b) Acquired either by
(e) the statute is clearly intended to apply to actions (1) actual or constructive seizure by the court of
pending before its enactment [Riano citing People the thing in question, thus placing it in
v. Cawaling (1998)]. custodia legis (e.g. attachment or
(f) Jurisdiction being a matter of substantive law, the garnishment) or
statute in force at the time of the commencement (2) by provision of law which recognizes in the
of the action determines the jurisdiction of the court the power to deal with the property or
court. [Municipality of Kananga v Madrona (2003)] subject-matter within its territorial jurisdiction
(e.g. land registration) [Regalado]
Objections to jurisdiction over the subject matter
(a) The Court may ex mero motu, or on its own
initiative take cognizance of lack of jurisdiction
[Fabian v. Desierto (1998)].
(b) Earliest opportunity of a party to raise the issue of
jurisdiction is in a motion to dismiss filed before

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SPECIFIC JURISDICTION (vii) The finding of absence of facts is


contradicted by the presence of evidence
JURISDICTION OF COURTS on record;
Supreme Court (viii) The findings of the CA are contrary to
The judicial power shall be vested in one SC and in those of the trial court;
such lower courts as may be established by law. [Art. (ix) The CA manifestly overlooked certain
8, Sec. 1, Constitution] relevant and undisputed facts that, if
properly considered, would justify a
Powers of the Supreme Court [Art. 8, Sec. 5, different conclusion;
Constitution] (x) The findings of the CA are beyond the
issues of the case;
(a) EXERCISE original jurisdiction over: (xi) Such findings are contrary to the
(1) Cases affecting ambassadors and other public admissions of both parties.
ministers and consuls;
Distinction between Questions of Law and Fact
RTC also has concurrent jurisdiction
Question of law Question of fact
(2) Petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas There is a “question of
corpus. law” when the doubt or There is a “question of
difference arises as to fact” when the doubt or
(b) Review/revise/reverse/modify/affirm on appeal or what the law is on a controversy arises as to
certiorari, final judgments/orders of lower courts in: certain state of facts, and the truth or falsity of the
(1) All cases in which the constitutionality/validity which does not call for an alleged facts [Republic v.
of any treaty, international or executive examination of the Medida (2012)]
agreement, law, presidential probative value of the
decree/proclamation/order/ instruction, evidence presented by
ordinance or regulation is in question; the parties-litigants.
[Republic v. Medida
Note: power of review contemplates the ff. (2012)]
courts: CA, Sandiganbayan, CTA, RTC, and
other courts authorized by law. (c) Assign temporarily judges of lower courts to other
stations as public interest may require, which
(2) All cases involving the legality of any tax/ shall not last 6 six months without the consent of
impost/ assessment/ toll, or any penalty the judge concerned.
imposed in relation thereto;
(d) Order a change of venue or place of trial to avoid
(3) All cases in which the jurisdiction of any lower a miscarriage of justice.
court is in issue;
(e) Promulgate rules on:
(4) All criminal cases in which the penalty (1) Protection and enforcement of constitutional
imposed is reclusion perpetua or higher; rights;
(2) Pleading/practice/procedure in all courts;
(5) All cases in which only errors/questions of law (3) Admission to the practice of law;
are involved. (4) The Integrated Bar;
Exceptions: [Josefa v. Zhandong (2003)] (5) Legal assistance to the under-privileged.
(i) The conclusion is grounded on
speculations/ surmises /conjectures; Guidelines on the rules:
(ii) The inference is manifestly (1) Provide a simplified and inexpensive
mistaken/absurd/impossible; procedure for the speedy disposition of cases;
(iii) There is grave abuse of discretion; (2) Uniform for all courts of the same grade;
(iv) The judgment is based on a (3) Not diminish/increase/modify substantive
misapprehension of facts; rights.
(v) The findings of fact are conflicting; (4) Rules of procedure of special courts and
(vi) There is no citation of specific evidence on quasi-judicial bodies shall remain effective
which the factual findings are based; unless disapproved by the SC.

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(f) Appoint all Judiciary officials/employees in (d) Sec. 17, Par. 3(1) and Par. 4(4) of the Judiciary Act
accordance with the Civil Service Law. of 1948.

Constitutional commissions Review of decisions by the NLRC: [St. Martin’s Funeral


(a) COMELEC and COA – Unless otherwise provided Home v. NLRC (1998)]
by this Constitution or by law, any decision/order Supposed appeals from the NLRC to the SC are
/ruling of each Commission may be brought to interpreted and hereby declared to mean and refer
the SC on certiorari by the aggrieved party, within to Petitioners for Certiorari under Rule 65.
30 days from receipt of a copy thereof. [Art. 9-A,
Sec. 7, Constitution] All such petitions should be initially filed in the CA in
(b) CSC - Judgments/decisions/orders are within the strict observance of the doctrine on the hierarchy of
exclusive appellate jurisdiction of the CA through courts.
Rule 43. [BP 129, as amended by RA 7902]
(c) Sandiganbayan All special civil actions arising out of any decision or
(1) Decisions and final orders of the final resolution or order of the NLRC filed with the
Sandiganbayan shall be subject to review on SC after June 1, 1999 shall not longer be referred to
certiorari by the SC in accordance with Rule the CA, but shall forthwith be dismissed.
45 of the Rules.
(2) Whenever, in any case decided, the death Powers of the Court of Appeals
penalty shall have been imposed, the records (a) Try cases and conduct hearings;
shall be forwarded to the SC whether the (b) Receive evidence
accused shall have appealed or nor, for review (c) Perform any and all acts necessary to resolve
and judgment. [PD 1606 Sec 7] factual issues raised, including the power to grant
and conduct new trials or further proceedings.
Court of Appeals [Sec. 9, BP 129]
Trials or hearings must be continuous and must be
Original Jurisdiction completed within 3 months, unless extended by the
To issue writs of mandamus, prohibition, certiorari, Chief Justice.
habeas corpus and quo warranto, and auxiliary
writs/processes, whether or not in aid of its appellate Court of Tax Appeals [Sec. 7, RA 1125, as amended by
jurisdiction. RA 9282]
Note: former rule only allowed the CA to issue Exclusive appellate jurisdiction to review by appeal
auxiliary writs and processes in aid of jurisdiction. (a) Decisions of the Commissioner of Internal
Revenue in cases involving disputed assessments,
The power is concurrent with the SC. refunds of internal revenue taxes, fees or other
charges, penalties in relation thereto, or other
Exclusive Original Jurisdiction matters arising under the National Internal
Annulment of RTC judgments. Revenue or other laws administered by the BIR;
(b) Inaction by the Commissioner of Internal Revenue
Exclusive Appellate Jurisdiction in cases involving disputed assessments, refunds
(a) Final of internal revenue taxes, fees or other charges,
judgments/decisions/resolutions/orders/awards penalties in relations thereto, or other matters
of: arising under the National Internal Revenue Code
(1) RTCs; or other laws administered by the BIR, where the
(2) Quasi-judicial agencies/instrumentalities/ National Internal Revenue Code provides a
boards/commissions including: specific period of action, in which case the
(i) SEC; inaction shall be deemed a denial;
(ii) Social Security Commission; (c) Decisions, orders or resolutions of the RTCS in
(iii) ECC; local tax cases originally decided or resolved by
(iv) CSC. them in the exercise of their original or appellate
Exception: Those falling within the SC’s appellate jurisdiction;
jurisdiction of the Supreme Court in accordance with: (d) Decisions of the Commissioner of Customs in
(a) The Constitution; cases involving liability for customs duties, fees or
(b) Labor Code; other money charges, seizure, detention or
(c) BP 129; release of property affected, fines, forfeitures or
other penalties in relation thereto, or other

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matters arising under the Customs Law or other originally decided by the MeTCs, MTCs and
laws administered by the Bureau of Customs; MCTCs in their respective jurisdiction.
(e) Decisions of the Central Board of Assessment
Appeals in the exercise of its appellate Jurisdiction over tax collection cases as herein provided:
jurisdiction over cases involving the assessment General rule: Exclusive original jurisdiction in tax
and taxation of real property originally decided by collection cases involving final and executory
the provincial or city board of assessment assessments for taxes, fees, charges and penalties:
appeals;
(f) Decisions of the Secretary of Finance on customs BUT, collection cases where the principal amount of
cases elevated to him automatically for review taxes and fees, exclusive of charges and penalties,
from decisions of the Commissioner of Customs claimed is less than P1,000,000.00 shall be tried by
which are adverse to the Government under the proper MTC, MeTC and RTC
Section 2315 of the Tariff and Customs Code;
(g) Decisions of the Secretary of Trade and Industry, Exclusive appellate jurisdiction in tax collection cases:
in the case of nonagricultural product, Over appeals from the judgments, resolutions or
commodity or article, and the Secretary of orders of the RTCs in tax collection cases originally
Agriculture in the case of agricultural product, decided by them, in their respective territorial
commodity or article, involving dumping and jurisdiction.
countervailing duties under Sec 301 and 302,
respectively, of the Tariff and Customs Code, and Over petitions for review of the judgments,
safeguard measures under RA 8800, where resolutions or orders of the RTCs in the Exercise of
either party may appeal the decision to impose or their appellate jurisdiction over tax collection cases
not to impose said duties. originally decided by the MeTCs, MTCs and MCTCs,
in their respective jurisdiction."
Jurisdiction over cases involving criminal offenses:
General rule: Exclusive original jurisdiction over all NOTE: RA 9282 elevated CTA’s rank to the level of
criminal offenses arising from violations of the the Court of Appeals with special jurisdiction.
National Internal Revenue Code or Tariff and
Customs Code and other laws administered by the Sandiganbayan [Sec.4 of RA 8249]
BIR or the Bureau of Customs (a) Decisions and final orders of the Sandiganbayan
shall be subject to review on certiorari by the
BUT, offenses or felonies where the principal amount Supreme Court in accordance with Rule 45 of the
of taxes and fees, exclusive of charges and penalties, Rules.
claimed is less than P1,000,000.00 or where there is (b) Whenever, in any case decided, the death penalty
no specified amount claimed shall be tried by the shall have been imposed, the records shall be
regular Courts and the jurisdiction of the CTA shall be forwarded to the SC whether the accused shall
appellate. have appealed or nor, for review and judgment.
[PD 1606 Sec 7]
Any provision of law or the Rules of Court to the
contrary notwithstanding, the criminal action and Original Exclusive Jurisdiction
the corresponding civil action for the recovery of civil (a) Violations of RA 3019 (Anti-graft and Corrupt
liability for taxes and penalties shall at all times be Practices Law);
simultaneously instituted with, and jointly (b) RA 1379 (Forfeiture of Illegally Acquired Wealth);
determined in the same proceeding by the CTA, the (c) Crimes by public officers or employees embraced
filing of the criminal action being deemed to in Ch. II, Sec.2 Title VII, Bk. II of the RPC (Crimes
necessarily carry with it the filing of the civil action, committed by Public Officers) namely:
and no right to reserve the filling of such civil action (1) Direct Bribery under Art. 210 as amended by
separately from the criminal action will be BP 871, May 29, 1985;
recognized. (2) Indirect Bribery under Art. 211 as amended by
BP 871, May 29, 1985;
Exclusive appellate jurisdiction in criminal offenses: (3) Qualified Bribery under Art. 211-A as amended
(a) Over appeals from the judgments, resolutions or by RA 7659, Dec. 13, 1993;
orders of the RTCs in tax cases originally decided (4) Corruption of public officials under Art. 212
by them, in their respected territorial jurisdiction. where one or more of the accused are officials
(b) Over petitions for review of the judgments, occupying the following positions in the
resolutions or orders of the RTCs in the exercise government whether in a permanent, acting
of their appellate jurisdiction over tax cases

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or interim capacity, at the time of the and other ancillary writs and processes in aid of
commission of the offense: its appellate jurisdiction;
(i) Officials of the executive branch occupying (g) Provided, jurisdiction is not exclusive of the
the positions of regional director and Supreme Court
higher, otherwise classified as Grade 27 (h) Petitions for Quo Warranto arising or that may
and higher, of the Compensation and arise in cases filed or that may be filed under EO
Position Classification Act of 1989 1, 2, 14 & 14- A
Republic Act No. 6758) specifically (i) OTHERS provided the accused belongs to Salary
including: Grade 27 or higher:
(ii) Provincial governors, vice-governors, (1) Violation of RA 6713 - Code of Conduct and
members of the sangguniang Ethical Standards
panlalawigan, provincial treasurers, (2) Violation of RA 7080 – The Plunder Law
assessors, engineers and other provincial (3) Violation of RA 7659 - The Heinous Crime Law
department heads; (4) RA 9160 - Violation of The Anti-Money
(iii) City mayors, vice-mayors, members of the Laundering Law when committed by a public
sangguniang panglungsod, city treasurers, officer
assessors, engineers and other department (5) PD 46 referred to as the gift-giving decree
heads; which makes it punishable for any official or
(iv) Officials of the diplomatic service employee to receive directly or indirectly and
occupying the position of consul and for the private person to give or offer to give
higher; any gift, present or other valuable thing on
(v) Philippine Army and Air force colonels, any occasion including Christmas, when such
naval captains and all officers of higher gift, present or valuable thing is given by
rank; reason of his official position, regardless of
(vi) Officers of the PNP while occupying the whether or not the same is for past favors or
position of Provincial Director and those the giver hopes or expects to receive a favor or
holding the rank of Senior Superintendent better treatment in the future from the public
or higher; official or employee concerned in the
(vii) City and provincial prosecutors and their discharge of his official functions. Included
assistants; officials and the prosecutors in within the prohibition is the throwing of
the Office of the Ombudsman and special parties or entertainment in honor of the
prosecutor ; official or employee or his immediate relatives.
(viii) President, directors or trustees or (6) PD 749 which grants immunity from
managers of government owned or prosecution to any person who voluntarily
controlled corporations, state universities gives information about any violation of
or educational institutions or foundations; Art.210, 211 or 212 of the RPC, RA 3019,
(5) Members of Congress and Officials thereof Sec.345 of the NIRC, Sec. 3604 of the
classified as Grade 27 and up under the Customs and Tariff Code and other provisions
Compensation and Classification Act of 1989; of the said Codes penalizing abuse or
(6) Members of the Judiciary without prejudice to dishonesty on the part of the public officials
the provision of the Constitution; concerned and other laws, rules and
(7) Chairmen and members of Constitutional regulations penalizing graft, corruption and
Commissions, without prejudice to the other forms of official abuse and who willingly
provision of the Constitution; testifies against the public official or employee
(8) All other national and local officials classified subject to certain conditions.
as Grade 27 and higher under the
Compensation and Position Classification Act NOTE: Private individuals can be sued in cases
of 1989. before the Sandiganbayan if they are alleged to be in
(d) Other offenses or felonies whether simple or conspiracy with the public officer.
complexed with other crimes committed in
relation to their office by the public officials and Appellate Jurisdiction
employees mentioned above; Over final judgments, resolutions or orders of the
(e) Civil and Criminal Cases filed pursuant to and in RTC whether in the exercise of their original or
connection with EO 1, 2, 14 & 14-A issued in 1986 appellate jurisdiction over crimes and civil cases
(f) Petitions for issuance of Writ of mandamus, falling within the original exclusive jurisdiction of the
prohibition, certiorari, habeas corpus, injunction Sandiganbayan but which were committed by public
officers below Salary Grade 27.

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Exception: Forcible entry into and unlawful detainer


Note: The Sandiganbayan has jurisdiction to grant of lands/buildings
petitions for the issuance writ writs of mandamus,
prohibition, certiorari, habeas corpus, injunctions, Admiralty and maritime jurisdiction where the
and other ancillary writs and processes in aid of its demand/claim exceeds P300K or P400K (in Metro
appellate jurisdiction. [RA 7975, as amended][asked Manila);
in 2009 BAR] (a) Maritime and admiralty cases involve trade and
transactions in the sea. Maritime jurisdiction
Regional Trial Courts includes maritime tort. [Negre v. Cabahug (1966)]

Exclusive Original Jurisdiction in Civil Cases [Sec. 19, BP Probate (testate and intestate) where the gross value
129, Asked in the 2002 Bar Examinations] of the estate exceeds P300K or P400K (in Metro
Incapable of pecuniary estimation (2000 Bar Exam); Manila);
(a) If the action is primarily for the recovery of a sum
of money, the claim is considered capable of Marriage contract and marital relations;
pecuniary estimation, and jurisdiction over the
action will depend on the amount of the claim. General Original Jurisdiction
[RCPI v. CA (2002)] All cases not within the exclusive jurisdiction of any
(b) If the basic issue is something other than the court/tribunal/person/ body exercising judicial or
right to recover a sum of money, if the money quasi-judicial functions;
claim is purely incidental to, or a consequence of,
the principal relief sought, the action is one where Within the exclusive original jurisdiction of a Juvenile
the subject of the litigation may not be estimated and Domestic Relations Court and of the Court of
in terms of money. [Soliven v. Fastforms (1992)] Agrarian Relations;
(c) If the thing sought to be deposited or consigned
is a sum of money, the amount of the debt due is All other cases where the demand (exclusive of
determinable and capable of pecuniary interest, damages of whatever kind, attorney's fees,
estimation. [Ascue v. CA (1991)] litigation expenses and costs) or the value of the
(d) Action for support is incapable of pecuniary property in controversy exceeds P300K or P400K in
estimation because the court is asked to Metro Manila.
determine first WON the plaintiff is indeed (a) The exclusion of the term “damages of whatever
entitled to support. [Baito v. Sarmiento (1960)] kind” in determining the jurisdictional amount
(e) Action for specific performance is incapable of under Sec. 19(8) and Sec. 33 (1) of BP 129, as
pecuniary estimation. [Manufacturer’s Distributor’s amended by RA 7691, applies to cases where the
v. Yu Siu Liong (1966)] damages are merely incidental to or a
(f) The jurisdiction of the respective courts is consequence of the main cause of action.
determined by the value of the demand and not However, if the claim for damages is the main
the value of the transaction out of which the cause of action, or one of the causes of action, the
demand arose. amount of such claim shall be considered in
(1) The alternative prayer for specific performance determining the jurisdiction of the court.[Admin
is also of the same value, for the alternative Circ. 09-94]
prayer would not have been made in the
complaint if one was more valuable than the (b) Actions for damages based on quasi-delicts are
other. [Cruz v. Tan (1950)] primarily and effectively actions for the recovery
(g) Rescission is a counterpart of specific of a sum of money for the damages suffered
performance therefore also incapable of because of the defendant’s alleged tortious acts.
pecuniary estimation. [Lapitan v. Scandia (1968)] This money claim is the principal relief sought,
(h) Action for declaration of nullity of a deed of and is not merely incidental thereto or a
partition is incapable of pecuniary estimation. consequence thereof. [Iniego v. Purganan (2006)]
[Russel v. Vestil (1999)]
(i) An action for expropriation is incapable of Original Jurisdiction [Sec. 21, BP 129]
pecuniary estimation. [Bardillon v. Masili (2003)] (a) Certiorari, prohibition, mandamus, quo warranto,
habeas corpus and injunction which may be
Title to, or possession of, real property (or any interest enforced in any part of their respective regions;
therein) where the property’s assessed value exceeds
P20K or P50K (for civil actions in Metro Manila); CONCURRENT jurisdiction with SC and CA

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(b) Actions affecting ambassadors and other public causes of action, WON the causes of action
ministers and consuls. arose out of the same/different transactions.

CONCURRENT jurisdiction with SC (b) Forcible entry and unlawful detainer


(1) If the defendant raises the question of
Exclusive Appellate Jurisdiction [Sec. 22, BP 129] ownership in his pleadings and the question of
All cases decided by MeTCs/MTCs/MCTCs in their possession cannot be resolved without
respective territorial jurisdictions. Metropolitan, deciding the issue of ownership, the issue of
Municipal and Municipal Circuit Trial Courts ownership shall be resolved only to determine
the issue of possession.
Family Courts (2) That the MeTC has jurisdiction even in cases
where the issue of possession is closely
Exclusive Original Jurisdiction intertwined with the issue of ownership is now
(a) Petitions for guardianship, custody of children, a settled doctrine in ejectment proceedings.
habeas corpus in relation to the latter; [Heirs of B. Hernandez v. Vergara (2006)]
(b) Petitions for adoption of children and revocation (3) The authority granted to the MeTC to
thereof; preliminarily resolve the issue of ownership to
(c) Complaints for annulment of marriage, determine the issue of possession ultimately
declaration of nullity of marriage and those allows it to interpret and enforce the contract
relating to marital status and property relations or agreement between the plaintiff and the
of husband and wife or those living together defendant. However, MeTC’s ruling on the
under different status and agreements, and rights of the parties based on its interpretation
petitions for dissolution of conjugal partnership of of their contract is, of course, not conclusive,
gains; but is merely provisional and is binding only
(d) Petitions for support and/ or acknowledgement; with respect to the issue of possession. [Union
(e) Summary judicial proceedings brought under the Bank v. Maunlad Homes (2012)]
Family Code;
(f) Petitions for declaration of status of children as (c) All civil actions that involve title to, or possession of,
abandoned, dependent or neglected children, for real property (or any interest therein) where the
voluntary or involuntary commitment of children, assessed value of the property (or interest
and for suspension, termination or restoration of therein) does not exceed P20K or P50K (in civil
parental authority under PD 603, EO 56 s. 1986 actions in Metro Manila).
and other related laws; (1) Value excludes interest, damages of whatever
(g) Cases for domestic violence against women and kind, attorney’s fees, litigation expenses and
children, as defined therein but which do not costs
constitute criminal offenses subject to criminal (2) If land is not declared for taxation purposes, the
prosecution and penalties. value of such property shall be determined by
the assessed value of the adjacent lots.
Metropolitan Trial Courts/Municipal Trial Courts
(d) All civil cases subject to summary procedure.
Exclusive Original Jurisdiction [Sec. 33, BP 129]
(a) Civil actions and probate proceedings (testate and Delegated Jurisdiction in Cadastral and Land
intestate), including the grant of provisional Registration Cases [Sec. 34, BP 129]
remedies, where the value of the personal (a) Lots where there is no controversy/ opposition; or
property, estate or amount of the demand does not (b) Contested lots the value of which does not
exceed P300K or P400K (in Metro Manila) (value exceed P100K.
excludes of interest, damages of whatever kind, (1) The value is to be ascertained:
attorney’s fees, litigation expenses, and costs); (i) By the claimant’s affidavit;
(1) Interest, damages of whatever kind, attorney's (ii) By agreement of the respective claimants, if
fees, litigation expenses and costs shall be there are more than one;
included in the determination of the filing (iii) From the corresponding tax declaration of
fees. the real property.
(2) If there are several claims or causes of actions (2) MTC decisions in cadastral and land
between the same/different parties in the registration cases are appealable in the same
same complaint, the amount of the demand manner as RTC decisions.
shall be the totality of the claims in all the

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Shariah Courts to settle certain cases amicably and without formal


Original Jurisdiction [Article 143, CMPL] trial.
(a) All cases involving custody, guardianship,
legitimacy, paternity and filiation arising under The Council is composed of the Clerk of Court as
the Code of Muslim Personal Laws; Chairperson and a representative of each of the
(b) All cases involving disposition, distribution and conflicting parties.
settlement of estate of deceased Muslims,
probate of wills, issuance of letters of JURISDICTION OVER SMALL CLAIMS, CASES
administration or appointment of administrators COVERED BY THE RULES ON SUMMARY
or executors regardless of the nature or PROCEDURE AND BARANGAY CONCILIATION
aggregate value of the property; [A.M. No. 08-8-7-SC, the Rule of Procedure for Small
(c) Petitions for the declaration of absence and Claims Cases effective October 1, 2008]
death for the cancellation or correction of entries
in the Muslim Registries mentioned in Title VI, DEFINITION
Book Two of the Code of Muslim Personal Laws; Small claims courts are courts of limited jurisdiction
(d) All actions arising from the customary contracts that hear civil cases between private litigants
in which the parties are Muslims, if they have not [Rationale of Proposed Rule].
specified which law shall govern their relations;
and PURPOSE
(e) All petitions for mandamus, prohibition, The purpose of small claims process is to provide an
injunction, certiorari, habeas corpus, and all other inexpensive and expeditious means to settle disputes
auxiliary writs and processes in aid of its over small amounts [Riano].
appellate jurisdiction.
SCOPE
Concurrent Jurisdiction with Civil Courts This rule governs the procedure in actions before the
(a) Petitions by Muslim for the constitution of a Metropolitan trial Courts, Municipal Trial Courts in
family home, change of name and commitment Cities, Municipal Trial Courts and Municipal Circuit
of an insane person to an asylum; Trial Courts for payment of money where the value of
(b) All other personal and legal actions not the claim does not exceed One Hundred Thousand
mentioned in paragraph 1 (d) wherein the parties Pesos (P100,000.00) exclusive of interest and costs.
involved are Muslims except those for forcible [Sec. 2, Scope]
entry and unlawful detainer, which shall fall
under the exclusive jurisdiction of the Municipal APPLICABILITY
Circuit Court; and The Metropolitan Trial Courts, Municipal Trial Courts
(c) All special civic actions for interpleader or in Cities, Municipal Trial Courts, and Municipal
declaratory relief wherein the parties are Muslims Circuit Trial Courts shall apply this Rule in all actions
or the property involved belongs exclusively to which are:
Muslims (a) purely civil in nature where the claim or relief
prayed for by the plaintiff is solely for payment or
Shari’a Circuit Courts are courts where Muslims can reimbursement of sum of money, and
file cases involving the following: (b) the civil aspect of criminal action, or reserved
(a) Offenses defined and punished under PD 1083 upon the filing of the criminal action in court,
(b) Disputes relating to : pursuant to Rule of 111 of the Revised Rules of
(1) Marriage Criminal Procedure.
(2) Divorce
(3) betrothal or breach of contract to marry These claims or demands may be:
(4) customary dower (mahr) (a) For money owed under any of the following;
(5) disposition and distribution of property upon (1) Contract of Lease;
divorce (2) Contract of Loan;
(6) maintenance and support and consolatory (3) Contract of Services;
gifts (mut’a) (4) Contract of Sale; or
(7) restitution of marital right (5) Contract of Mortgage;
(8) Disputes relative to communal properties
(b) For damages arising from any of the following;
NOTE: The Shari’a District Court or the Shari’a Circuit (1) Fault or negligence;
Court may constitute an Agama Arbitration Council (2) Quasi-contract; or
(3) Contract;

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(c) The enforcement of a barangay amicable Cause of action Action


settlement or an arbitration award involving a
money claim covered by this Rule pursuant to (a) A cause of action is Ordinary suit in a court of
Sec. 417 of RA 7160, otherwise known as the the basis of the justice, by which one
Local Government Code of 1991. [Sec. 4, action filed [Rule 2, party prosecutes another
Applicability] Sec.1] for the enforcement or
(b) Fact or combination protection of a right, or
PROHIBITED PLEADINGS of facts which affords the prosecution or
The following pleadings, motions, and petitions shall a party a right to redress of a wrong
not be allowed in the cases covered by this Rule: judicial interference
(a) Motion to dismiss the compliant except on the in his behalf. [Into v.
ground of lack of jurisdiction; Valle (2005)]
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a MEANING OF ORDINARY CIVIL ACTIONS
judgment, or for reopening of trial; An ordinary civil action is one that is governed by the
(d) Petition for relief from judgment; rules for ordinary civil actions [Rule 1, Sec. 3(a) par 2]
(e) Motion for extension of time to file pleadings,
affidavits, or any other paper; MEANING OF SPECIAL CIVIL ACTIONS
(f) Memoranda; A special civil action is one that is subject to the
(g) Petition for certiorari, mandamus, or prohibition specific rules prescribed for a special civil action; it is
against any interlocutory order issued by the also governed by the rules for ordinary civil actions
court; [Rule 1, Sec. 3(a) par 2]
(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement; MEANING OF CRIMINAL ACTIONS
(j) Reply; A criminal action is one by which the State
(k) Third-party complaints; and prosecutes a person for an act or omission
(l) Interventions. [Sec. 14, Prohibited pleadings and punishable by law. [Rule 1, Sec. 3(b)]
motions]
CIVIL ACTIONS VERSUS SPECIAL PROCEEDINGS
TOTALITY RULE A civil action is one by which a party sues another for
Where there are several claims or causes of actions the enforcement or protection of a right, or the
between the same or different parties, embodied in prevention or redress of a wrong. [Rule 1, Sec. 3(a) par
the same complaint, the amount of the demand 1]
shall be the totality of the claims in all the causes of
action, irrespective of whether the causes of action A special proceeding is a remedy by which a party
arose out of the same or different transaction [Riano seeks to establish a status, a right, or a particular
citing Pantranco North Express v Standard Insurance fact. [Rule 1, Sec. 3 (c)]
(2005)]
DISTINCTIONS BETWEEN CIVIL ACTIONS AND SPECIAL
PROCEEDINGS (Asked in the 1998 Bar Exam)

Actions Action Special Proceeding

As to Parties
Actions, in general: An ordinary suit in a court of Involves 2 or more parties Involves at least 1 party
justice by which one party prosecutes another for the or 2 or more
enforcement/ protection of a right or the parties in proper cases
prevention/redress of a wrong [Santos v. Vda. De As to cause of action
Caparas, (1959)] Involves a right and a May involve a right, but
violation of such right by there need not be a
ACTION VS CAUSE OF ACTION the defendant which violation of this right
(Asked in the 1999 Bar Exam) causes some
damage/prejudice upon
Cause of action Action the plaintiff
As to formalities

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Real action Personal Mixed action


Action Special Proceeding action
Ownership or Personal Both real and
Requires the application Requires no such possession of property is personal
of legal remedies in formalities, as it real property is sought to be properties are
accordance with the may be granted upon involved recovered or involved
prescribed rules application damages for
As to governing rules breach of
Ordinary rules of Special rules of Contract or the
procedure procedure enforcement of
As to appeal from an interlocutory a contract are
Order sought
Cannot be directly and Can be immediately Founded on Founded on Founded on
immediately appealed to and directly appealed privity of real privity of both
the appellate court until to the appellate court estate contract
after final judgment on
the merits
Filed in the Filed in the The rules on
court where the court where the venue of real
PERSONAL ACTIONS AND REAL ACTIONS property (or any plaintiff or any actions govern
Real Actions: Actions affecting title to or possession portion thereof) of the
of real property, or interest therein. [Rule 4, Sec. 1 par is situated defendants
1] resides, at the
plaintiff’s
Personal Actions: All other actions are personal option
actions. [Rule 4, Sec.2]
LOCAL AND TRANSITORY ACTIONS
IMPORTANCE OF DISTINCTION:for purposes of Local action Transitory action
determining the venue of the action (Riano) (a) One that could be (a) One that could be
(a) Real actions shall be commenced and tried in the instituted in one prosecuted in any one
proper court which has jurisdiction over the area specific place [Manila of several places
wherein the real property involved, or a portion Railroad v. Attorney- [Manila Railroad v.
thereof, is situated. [Rule 4, Sec.1] General (1911)] Attorney-General
(b) Personal actions may be commenced and tried (b) Venue depends upon (1911)]
where the plaintiff or any of the principal the location of the (b) Its venue depends
plaintiffs resides, or where the defendant or any property involved in upon the residence of
of the principal defendants resides, or in the case the litigation (Riano) the plaintiff or the
of a non-resident defendant, where he may be defendant at the
found, at the election of the plaintiff. [Rule 4, option of the plaintiff
Sec.2] (Riano)
Note: Not every action involving a real property is a Actions in rem, in personam and quasi in rem
real action because the realty may only be incidental [Riano citing Domagas v. Jensen, (2005) and Biaco v.
to the subject matter of the suit. To be a real action, Philippine Countryside Rural Bank, (2007)]
it is not enough that the action must deal with real
property. It is important that the matter in litigation Action in rem Action in Action
must also involve any of the following issues: title to, personam quasi in rem
ownership, possession, paritition, foreclosure or Directed Directed Directed
mortgage or any interest in real property. (Riano) against the against against
thing itself particular particular
Real action Personal Mixed action persons persons
action

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Action in rem Action in Action Action in rem Action in Action


personam quasi in rem personam quasi in rem
Jurisdiction Jurisdiction Jurisdiction Ex: Accion Ex: Action for Ex: Action for
over the person over the person over the person reivindicatoria; specific partition; action
of the of the of the annulment of performance; to foreclose
defendant is defendant is defendant is marriage; action to real estate
NOT required required not required as naturalization recover money mortgage
long as proceedings or property
jurisdiction over (real or
the res is personal)
acquired
A proceeding to An action to A proceeding to The question of whether the trial court has
determine the impose subject the jurisdiction depends on the nature of the action, i.e.,
state/condition responsibility or interest of a whether the action is in personam, in rem, or quasi in
of a thing liability upon a named rem. [Riano citing Biaco v. Philippine Countryside
person directly defendant over Rural Bank (2007)]
a particular
property to an The distinction is important to determine whether or
obligation/lien not jurisdiction over the person of the defendant is
burdening it required and consequently to determine the type of
summons to be employed. [Riano citing Gomez v.
Deal with the Court of Appeals (2004)]
status,
ownership or
liability of a
particular
property but Cause of Action
which are
intended to MEANING OF CAUSE OF ACTION
operate on A cause of action is the act or omission by which a
these questions party violates a right of another. [Rule 2, Sec.2]
only as
between the ELEMENTS OF A CAUSE OF ACTION [cited in
particular Riano]
parties to the (a) Plaintiff’s legal right;
proceedings (b) Defendant’s correlative obligation to respect
and not to plaintiff’s right;
ascertain or (c) Defendant’s act/omission in violation of plaintiff’s
cut-off the right [Ma-ao Sugar Central v. Barrios (1947)]
rights or (Asked in the 1997 Bar Exam).
interest of all
possible Every ordinary civil action must be based on a cause
claimants of action [Rule 2, Sec. 1]
[Domagas v.
Jensen (2005)] A cause of action stems from the sources of
Judgment is Judgment is Judgment is obligations under Art. 1156, CC - Law, Contract,
binding on the binding only binding upon Quasi-contract, Acts and omissions punishable by
whole world upon parties particular law and Quasi-delict. [Sagrada Orden etc v. National
impleaded or persons Coconut Corporation (1952)]
their successors
in interest

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RIGHT OF ACTION VERSUS CAUSE OF ACTION


[Regalado] The act of dividing a single or indivisible cause of
action into several parts or claims and bringing
Right of action Cause of action several actions thereon. (Regalado)

The remedial right or The delict or wrongful EFFECTS OF SPLITTING A CAUSE OF ACTION: [Taken from
right to relief granted by act or omission 2011 Reviewer]
law to a party to institute committed by the (a) The filing of one or a judgment upon the merits in
an action against a defendant in violation of any one is available as a ground for the dismissal
person who has the primary rights of the of the others. [Rule 2, Sec.4]
committed a delict or plaintiff (b) Filing of the 1st complaint may be pleaded in
wrong against him abatement of the 2nd complaint, on the ground
Right to sue as a The delict or wrong of litis pendentia; or
consequence of the (c) A judgment upon the merits in any of the
delict complaints is available as ground for dismissal of
Whether such acts give Determined by the the others based on res judicata.
him right of action averments in the (d) A MTD under Rule 16 Sec. 1(e) or (f) may be filed
determined by pleading regarding the in order that the complaint may be dismissed.
substantive law acts committed by the
defendant BASIS: A party may not institute more than one suit
for a single cause of action. [Rule 2, Sec. 3]
Note: There can be no right of action without a cause
of action being first established [Regalado citing PURPOSE [City of Bacolod v. SM Brewery (1969)]
Español v. The Chairman of PVA (1985)] (a) To prevent repeated litigation between the same
parties in regard to the same subject or
FAILURE TO STATE A CAUSE OF ACTION controversy;
(a) There is a failure to state a cause of action if the (b) To protect the defendant from unnecessary
pleading asserting the claim states no cause of vexation. Nemo debet vexare pro una et eadem
action. This is a ground for a motion to dismiss. causa (No man shall be twice vexed for one and
[Rule 16, Sec.1(g)] the same cause);
(b) It is submitted that the failure to state a cause of (c) To avoid the costs and expenses incident to
action does not mean that the plaintiff has “no numerous suits.
cause of action.” It only means that the plaintiff’s
allegations are insufficient for the court to know A single act/omission can be violative of various
that the rights of the plaintiff were violated by the rights at the same time, as when the act constitutes
defendant. [Riano] juridically a violation of several separate and distinct
(c) There is a failure to state a cause of action if legal obligations. However, where there is only one
allegations in the complaint taken together, do delict/wrong, there is but a single cause of action
not completely spell out the elements of a regardless of the number of rights that may have
particular cause of action. [Riano] been violated belonging to one person. The
(d) A failure to state a cause of action is not the same singleness of a cause of action lies in the singleness
as an absence or a lack of cause of action. The of the delict/wrong violating the rights of a person. If
former refers to an insufficiency in the allegations only 1 injury resulted from several wrongful acts, only
of the complaint while the latter refers to the 1 cause of action arises. [Joseph v. Bautista (1989)]
failure to prove or to establish by evidence one’s
stated cause of action. [Riano] For a single cause of action or violation of a right, the
plaintiff may be entitled to several reliefs. It is the
TEST OF THE SUFFICIENCY OF A CAUSE OF filing of separate complaints for these several reliefs
ACTION that constitutes splitting up of the cause of action
Whether or not admitting the facts alleged, the court which is proscribed by Rule 2, Sec. 3 and 4. [City of
could render a valid verdict in accordance with the Bacolod v. SM Brewery (1969)]
prayer of the complaint [Santos v. de Leo (2005)]
JOINDER AND MISJOINDER OF CAUSES OF
SPLITTING A SINGLE CAUSE OF ACTION AND ITS ACTION
EFFECTS JOINDER OF CAUSE OF ACTION: It is the assertion of as
Definition: The act of instituting two or more suits on many causes of action as a party may have against
the basis of the same cause of action. [Rule 2, Sec.4] another in one pleading alone. It is also the process

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of uniting 2 or more demands or rights of action in only a single cause of action to maintain an
one action. [Riano citing Rule 2, Sec. 5 and CJS] action (Regalado).

By a joinder of actions, or more properly, a joinder of


causes of action is meant the uniting of two or more
demands or rights of action in one action, the
statement of more than one cause of action in a Parties to Civil Actions
declaration [Ada v. Baylon (2012)]
REQUIREMENTS FOR A PERSON TO BE A PARTY
PURPOSES: To avoid a multiplicity of suits and to TO A CIVIL ACTION:
expedite disposition of litigation at minimum cost (A) THE MUST BE EITHER [Rule 1, Sec.3]:
[Ada v. Baylon (2012)] (1) A natural person;
(2) A juridical person;
The rule however is purely permissive as the plaintiff (i) The State and its political subdivisions;
can always file separate actions for each cause of (ii) Other corporations, institutions and entities
action. [Baldovi v. Sarte, (1917)] for public interest or purpose, created by
law; and
Joinder shall not include special civil actions (iii) Corporations, partnerships and associations
governed by special rules. [Ada v. Baylon (2012)] for private interest or purpose to which the
law grants a juridical personality, separate
REQUISITES [Rule 2, Sec. 5]: and distinct from that of each shareholder,
(a) The party joining the causes of action must partner or member [Art. 44, CC]
comply with the rules on joinder of parties; (3) An entity authorized by law.
(b) The joinder shall not include special civil actions (i) The estate of a deceased person [Limjoco v.
or actions governed by special rules; Intestate Estate of Fragante (1948)];
(c) Where causes of action are between the same (ii) A political party incorporated under Act 1459
parties but pertain to different [now BP 68 (Corporation Code)];
venues/jurisdictions, the joinder may be allowed (iii) A corporation by estoppel is precluded from
in the RTC provided one of the causes of action denying its existence and the members
are within the RTC’s jurisdiction and the venue thereof can be sued and be held liable as
lies therein; general partners. [Riano citing Sec. 21, BP68,
(d) TOTALITY RULE - Where the claims in all the The Corporation Code of the Philippines]
causes of action are principally for recovery of (iv) A contract of partnership having a capital of
money, the aggregate amount claimed shall be P3,000.00 or more but which fails to comply
the test of jurisdiction. with the registration requirements is
nevertheless liable as a partnership to third
MISJOINDER OF CAUSES OF ACTION [Rule 2, Sec. 6] persons. [Riano citing Art. 1772 in rel. to Art.
(a) Misjoinder of causes of action is not a ground for 1768, Civil Code]
dismissal of an action. A misjoined cause of (v) A registered labor union [Sec. 243, PD 442
action may, on motion or motu propio, be severed (Labor Code)], with respect to its property.
and proceeded with separately. However, if there (vi) A legitimate labor organization may sue and
is no objection to the improper joinder or the be sued in its registered name. [Riano citing
court did not motu proprio direct a severance, Art. 2429(e), Labor Code]
then there exists no bar in the simultaneous (vii) The Roman Catholic Church has legal
adjudication of all the erroneously joined causes capacity to sue. As to its properties, the
of action. However, this rule exists only when the archbishop or diocese to which they belong
court trying the case has jurisdiction over all of may be a party. [Barlin v. Ramirez (1906);
the causes of action therein notwithstanding the Riano citing Barlin v. Ramirez and Versoza v.
misjoinder of the same. This is because if the Fernandez(1926)].
court has no jurisdiction to try the misjoined (viii) A dissolved corporation may prosecute and
action, then the same must be severed and if not defend suits by or against it provided that the
so severed, any adjudication rendered by the suits (i) occur within three years after its
court with respect to the same would be a nullity. dissolution, and (ii) the suits are in
[Ada v. Baylon (2012)] connection with the settlement and closure
of its affairs. [Riano citing Sec. 122,
(b) There is no sanction against non-joinder of Corporation Code]
separate causes of action since a plaintiff needs

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(B) HE MUST HAVE THE LEGAL CAPACITY TO SUE;


PARTIES TO A CIVIL ACTION
(c) HE MUST BE THE REAL PARTY IN INTEREST. (a) Plaintiff – One having interest in the matter of the
[Berman v. Cheng (2005)] action or in obtaining the relief demanded; the
(1) Only natural or juridical persons or entities claiming party or the original claiming party and
authorized by law may be parties in a civil is the one who files the complaint [Riano]; does
case. not exclusively apply to the original plaintiff
(2) A sole proprietorship is not vested with [Riano]; may refer to the claiming party, the
juridical personality and cannot sue or file or counter-claimant, the cross-claimant, or the third
defend an action. (fourth, etc.)-party plaintiff [Rule 3, Sec.1]
(3) There is no law authorizing sole proprietorship (b) Defendant – One claiming an interest in the
to file a suit. controversy or the subject thereof adverse to the
(4) A sole proprietorship does not possess a plaintiff. The term may also include [Rule 3, Sec 1):
judicial personality separate and distinct from (1) Unwilling Co-Plaintiff – A party who should be
the personality of the owner of the enterprise. joined as plaintiff but whose consent cannot
[Rimbunan v. Oriental (2005)] be obtained. He may be made a defendant
(5) An unlicensed foreign corporation is and the reason therefore shall be stated in the
nonetheless permitted to bring suit in the complaint. [Rule 3, Sec. 10]
Philippines if it is suing on an isolated (2) The original plaintiff becoming a defendant to
transaction. the original defendant’s counterclaim; also
(6) Thus, the ascertainment of whether a foreign refers to the cross-defendant, or the third
corporation is merely suing on an isolated (fourth, etc.)-party defendant. [Rule 3, Sec 1]
transaction or is actually doing business in the
Philippines requires the elicitation of at least a REAL PARTIES IN INTEREST; INDISPENSABLE
preponderant set of facts. PARTIES; REPRESENTATIVES AS PARTIES;
NECESSARY PARTIES; INDIGENT PARTIES;
Note: A foreign corporation may be party to an action ALTERNATIVE DEFENDANTS
in Philippine courts:
(a) If licensed to engage in business in the REAL PARTY IN INTEREST [Rule 3, Sec.2]
Philippines, it may sue or be sued in our courts; (a) The party who stands to be benefited/injured by
(b) If not licensed, it cannot sue, but it may be sued in the judgment in the suit;
our courts; (b) The party entitled to the avails of the suit.
(c) If not engaged in business in the Philippines, it
may sue in courts on a single isolated transaction, Rules:
but it cannot be sued in our courts on such (a) Every action must be prosecuted or defended in
transaction. the name of the real party in interest. [Rule 3,
Sec.2]
Note: Interest within the meaning of the Rules of (b) The party’s interest must be direct, substantial
Court means material interest or an interest in issue and material [Sumalo v. Litton (2006)].
to be affected by the decree or judgment of the case, (c) Husband and wife shall sue and be sued jointly,
as distinguished from mere curiosity about the except as provided by law [Rule 3, Sec. 4]
question involved. [Ang v. Sps. Ang (2012)] (d) A minor or a person alleged to be incompetent
may sue or be sued, with the assistance of his
Lack of legal capacity to Lack of legal personality father, mother, guardian, or if he has none, a
sue to sue guardian ad litem. [Rule 3, Sec. 5]
The plaintiff’s general The plaintiff is not the (e) Minors (represented by their parents) are real
disability to sue, such as real party in interest parties in interest under the principle of
on account of minority, intergenerational responsibility. [Oposa v.
insanity, incompetence, Factoran (1993)]
lack of juridical (f) If a party becomes incompetent/ incapacitated
personality or any other during the pendency of the action, the action
general disqualifications survives and may be continued by/against the
It can be a ground for a It can be used as ground incompetent/ incapacitated assisted by his legal
MTD [Rule 16 (1) (d)] for a MTD based on the guardian or guardian ad litem [Rule 3, Sec. 18]
failure of complaint to
state a cause of action.
[Rule 16 (1) (g)]

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INDISPENSABLE PARTIES Indispensable parties Necessary parties [Rule 3,


(a) An indispensable party is a real party-in-interest [Rule 3, Sec. 7] Sec. 8]
without whom no final determination can be had such an interest in the presence is necessary to
of an action. [Rule 3, Sec.7] controversy that a final adjudicate the whole
(b) A party who has such an interest in the decree would controversy but whose
controversy or subject matter that a final necessarily affect their interests are so far
adjudication cannot be made, in his absence, rights so that the court separable that a final
without injuring or affecting that interest. [Riano] cannot proceed without decree can be made in
(c) The joinder of a party becomes compulsory when their presence. their absence without
the one involved is an indispensable party. [Riano affecting them.
citing Rule 3, Sec.7]
(d) A person is NOT an indispensable party if his (c) Whenever in any pleading in which a claim is
interest in the controversy or subject matter is asserted a necessary party is not joined, the
separable from the interest of the other parties, pleader is under obligation to: (i) set forth the
so that it will not necessarily be directly or name of the necessary party, if known, and (ii)
injuriously affected by a decree which does not state the reason why the necessary party is
complrete justice between them. [Riano] omitted. [Riano citing Rule 3, Sec. 9 par 1]
(d) The non-inclusion of a necessary party does not
REPRESENTATIVE AS PARTIES [Rule 3, Sec. 3] prevent the court from proceeding in the action,
(a) Those acting in fiduciary capacity, such as a and the judgment rendered therein shall be
trustee/guardian/executor/administrator or a without prejudice to the rights of such necessary
party authorized by law or ROC. party [Rule 3, Sec. 9 par 3]
(b) The beneficiary shall be included in the title of the
case and shall be deemed to be the real party in INDIGENT PARTY [Rule 3, Sec. 21]
interest. (a) indigent – One who has no money or property
(c) An agent acting in his own name and for the sufficient and available for food, shelter and basic
benefit of an undisclosed principal may sue or be necessities.
sued without joining the principal.
(b) While the authority to litigate as an indigent party
Exception: If the contract involves things belonging may be granted upon an ex parte application and
to the principal. [Art. 1883, CC] hearing, it may be contested by the adverse party
at any time before judgment is rendered.
NECESSARY PARTY [Rule 3, Sec. 8]
(a) One who is not indispensable but ought to be If the court determines after hearing that the
joined as a party if complete relief is to be party declared indigent has sufficient income or
accorded as to those already parties, or for a property, the proper docket and other lawful fees
complete determination or settlement of the shall be assessed and collected by the clerk of
claim subject of the action court.
(b) Indispensable parties v. Necessary parties [taken
from 2011 Reviewer and Riano] (c) The authority to litigate as an indigent shall
include an exemption from:
Indispensable parties Necessary parties [Rule 3, o Payment of docket fees and other lawful
[Rule 3, Sec. 7] Sec. 8] fees;
Must be joined under Should be joined o Payment of TSN.
any and all conditions, whenever possible; the (d) The amount of docket and other lawful fees is a
his presence being a action can proceed even lien on any judgment rendered in favor of
sine qua non for the in their absence because indigent party, unless court otherwise provides.
exercise of judicial their interest is separable
power from that of the ALTERNATIVE DEFENDANTS [Rule 3, Sec. 13]
indispensable party Where the plaintiff is uncertain against whom of
No valid judgment if The case may be several persons he is entitled to relief, he may join
indispensable party is determined in court but any or all of them in the alternative, although a right
not joined. the judgment therein will to relief against one may be inconsistent with a right
not resolve the entire to relief against the other.
controversy if a necessary
party is not joined
They are those with They are those whose

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COMPULSORY AND PERMISSIVE JOINDER OF What it really contemplates is erroneous or


PARTIES mistaken non-joinder and misjoinder or parties.
The rule presupposes that the original inclusion
COMPULSORY JOINDER OF INDISPENSABLE PARTIES [Rule had been made in the honest conviction that it
3, Sec. 7] was proper and the subsequent dropping is
Parties in interest without whom no final requested because it has turned out that such
determination can be had of an action shall be joined inclusion was a mistake. [Riano citing Lim Tan
either as plaintiffs or defendants Hua v. Ramolete(1975)]

PERMISSIVE JOINDER [Rule 3, Sec. 6] CLASS SUIT


Parties can be joined, as plaintiffs or defendants, in REQUISITES [Rule 3, Sec. 12]
one single complaint or may themselves maintain or (a) Subject matter of the controversy is one of
be sued in separate suits. common/general interest to many persons;
(b) The persons are so numerous that it is
Requisites [Regalado]: impracticable to join them all as parties (i.e.
Right to relief arises out of the same transaction or impracticable to bring them all before the court);
series of transactions; (c) Parties bringing the class suit are sufficiently
numerous and representative of the class and can
Note: SERIES OF TRANSACTIONS – Transactions fully protect the interests of all concerned;
connected with the same subject matter of the suit. (d) The representative sues/defends for the benefit
of all.
There is a question of law or fact common to all the
plaintiffs or defendants; Any party in interest shall have the right to intervene
to protect his individual interest. [Rule 3, Sec. 12]
Such joinder is not otherwise proscribed by the rules If a class suit is improperly brought, the action is
on jurisdiction and venue. subject to dismissal regardless of the cause of action
[Rule 16, Sec 1 (d)].
MISJOINDER AND NON-JOINDER OF PARTIES
(a) A party is misjoined when he is made a party to A taxpayer's suit or a stockholder's derivative suit is
the action although he should not be impleaded. in the nature of a class suit, although subject to the
A party is not joined when he is supposed to be other requisites of the corresponding governing law
joined but is not impleaded in the action. (Riano) especially on the issue of locus standi. [Regalado]
(b) Neither misjoinder nor non-joinder of parties is a
ground for dismissal of an action. [Rule 3, Sec. 11] There is no class suit in an action filed by
(c) Parties may be dropped or added by order of the associations of sugar planters to recover damages in
court on motion of any party or on its own behalf of individual sugar planters for an allegedly
initiative at any stage of the action and on such libelous article in an international magazine. There is
terms as are just. [Rule 3, Sec.11] no common or general interest in reputation of a
(d) Any claim against a misjoined party may be specific individual. Each of the sugar planters has a
severed and proceeded with separately. [Rule 3, separate and distinct reputation in the community
Sec. 11] not shared by the others. [Riano citing Newsweek,
(e) Non-joinder of an indispensable party is not a Inc. v. Intermediate Appellate court (1986)]
ground for outright dismissal. Reasonable
opportunity must be given for his inclusion by A class suit does not require a commonality of
amendment of the complaint [Cortez v Avila interest in the questions involved in the suit. What is
(1957)]. required by the Rules is a common or general
(f) Objections to defects in parties should be made interest in the subject matter of the litigation. [Riano
at the earliest opportunity. citing Mathay v. Consolidated Bank &Trust Company
(g) The moment such defect becomes apparent, a (1974)]
motion to strike the names of the parties must be
made. Class Suit Permissive Joinder of
(h) Objections to misjoinder cannot be raised for the Parties
first time on appeal [Lapanday Agricultural & There is a single cause of There are multiple
Development Corporation v. Estita (2005)]. action pertaining to causes of action
(i) The rule on misjoinder or non-joinder of parties numerous persons. separately belonging to
does not comprehend whimsical and irrational several persons.
dropping or adding of parties in a complaint.

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CLASS SUIT AND DERIVATIVE SUIT, COMPARED Counsel’s duty:


(Asked in the 2005 Bar Examination) (a) Inform court within 30 days after such death of
the fact thereof;
Class Suit Derivative Suit (b) Give the name and address of the legal
representatives.
When the subject matter An action brought by
of the controversy is one minority shareholders in Note: Failure to comply with this duty is a ground for
of common or general the name of the disciplinary action.
interest to many persons, corporation to redress
and the parties are so wrongs committed (a) The heirs may be substituted for the deceased
numerous that it is against it, for which the without requiring the appointment of an executor
impracticable to bring directors refuse to sue. or administrator.
them all before the
court, one or more may It is a remedy designed (b) The court may appoint a guardian ad litem for the
sue or defend for the by equity and has been minor heirs.
benefit of all. [Rule 3, the principal defense of
Sec. 12] the minority (c) The court shall order the legal representative(s)
shareholders against to appear and be substituted within 30 days from
abuses by the majority. notice.

In a derivative action, the (d) If no legal representative is named or if the one so


real party in interest is name shall fail to appear within the specified
the corporation itself, not period, the court may order the opposing party to
the shareholders who procure the appointment of an executor or
actually instituted it [Lim administrator for the estate.
v. Lim Yu (2001))
(e) The substitute defendant need not be
summoned. The order of substitution shall be
SUITS AGAINST ENTITIES WITHOUT JURIDICAL served upon the parties substituted for the court
PERSONALITY to acquire jurisdiction over the substitute party
REQUISITES [Rule 3, Sec.15] [Ferreria v Vda de Gonzales (1986)].
(a) There are 2 or more persons not organized as a
juridical entity; Death or separation of a party who is a public officer
(b) They enter into a transaction; [Rule 3, Sec. 17]
(c) A wrong is committed against a 3rd person in the
course of such transaction. Requisites:
(a) Public officer is a party to an action in his official
Effect: Persons associated in an entity without capacity;
juridical personality may be sued under the name by (b) During the pendency of the action, he either
which they are generally/commonly known, but they dies/resigns or otherwise ceases to hold office;
cannot sue under such name. [Rule 3, Sec. 15] (c) It is satisfactorily shown to the court by any party,
within 30 days after the successor takes office,
The service of summons may be effected upon all the (1) that there is a substantial need to
defendants by serving upon any of them, or upon the continue/maintain the action and
person in charge of the office or place of business (2) The successor adopts/continues (or threatens
maintained under such name. [Rule 14, Sec. 8] to do so) his predecessor’s action
(d) The party or officer affected was given reasonable
EFFECT OF DEATH OF PARTY LITIGANT notice of the application therefore and accorded
an opportunity to be heard.
SUBSTITUTION OF PARTIES
Death of a party, where the claim is not extinguished ACTION ON CONTRACTUAL MONEY CLAIMS [Rule 3, Sec.
by the death of the party (e.g. cases involving 20]
property and property rights [Bonilla v Barcena
(1976)]); [Rule 3, Sec. 16] (Asked in the 1998 and 1999 Requisites:
Bar Exams) (a) The action must primarily be for recovery of
money/debt or interest thereon;
(b) The claim arose from express/implied contract;

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(c) Defendant dies before the entry of final judgment


in the court in which the action was pending. Venue Jurisdiction
(1) The defendant’s death will not result in the
dismissal of the action. Procedural Substantive
(2) The deceased shall be substituted by his legal May be changed by the Is fixed by law and
representatives in the manner provided for in written agreement of the cannot be the subject of
Rule 3, Sec. 16, and the action will continue parties the agreement of the
until the entry of final judgment (Asked in the parties
2000 Bar Exam) Establishes a relation Establishes a relation
(3) However, execution shall not issue in favor of between plaintiff and between the court and
the winning plaintiff. It should be filed as a defendant, or petitioner the subject matter
claim against the decedent’s estate without and respondent
need of proving the claim. Not a ground for a motu Lack of jurisdiction over
propio dismissal (except the subject matter is a
TRANSFER OF INTEREST DURING THE PENDENCY OF THE in cases of summary ground for a motu
ACTION [Rule 3, Sec. 19] procedure; Rule 4, Rule proprio dismissal.
on Summary Procedure)
General rule: The rule does not consider the
transferee an indispensable party. Hence, the action VENUE OF REAL ACTIONS
may proceed without the need to implead him. (a) Shall be commenced and tried in the proper court
which has jurisdiction over the area wherein the
Exception: When the substitution by or joinder of the real property involved, or a portion thereof is
transferee is ordered by court. situated. [Rule 4, Sec. 1(1)]
(b) Forcible entry and detainer actions shall be
The case will be dismissed if the plaintiff’s interest is commenced and tried in the municipal court of
transferred to defendant unless there are several the municipality or city wherein the real property
plaintiffs, in which case the remaining plaintiffs can involved, or a portion thereof, is situated. [Rule 4,
proceed with their own cause of action. Sec. 1(2)]
(c) If the property is located at the boundaries of 2
places, file the case in either place (at the
plaintiff’s option).
Venue (d) If the case involves 2 properties located in 2
different places:
(1) If the properties are the object of the same
Venue is the place, or the geographical area where transaction, file it in any of the 2 places;
an action is to be filed and tried. In civil cases, it (2) If they are the objects of 2 distinct
relates only to the place of the suit and not to the transactions, separate actions should be filed
jurisdiction of the court. [Riano citing Manila Railroad in each place unless properly joined.
Company v. Attorney General (1911)]
VENUE OF PERSONAL ACTIONS
Choosing the venue of an action is not left to a At the plaintiff’s election: [Rule 4, Sec. 2]
plaintiff’s caprice; the matter is regulated by the (a) Where the plaintiff or any of the principal
Rules of Court. [Ang v. Sps. Ang (2012)] plaintiffs resides;
(b) Where the defendant or any of the principal
VENUE VERSUS JURISDICTION [Riano] defendants resides;
DISTINCTIONS BETWEEN VENUE AND JURISDICTION
(c) In case of a non-resident-defendant, where he
(Asked in the 2006 and 2008 Bar Exams) may be found.
Venue Jurisdiction Note: The plaintiff or the defendant must be
residents of the place where the action has been
Place where the action is Power of the court to instituted at the time the action is commenced. [Ang
instituted hear and decide a case v. Sps. Ang (2012)]
May be waived Jurisdiction over the
subject matter and over
the nature of the action
is conferred by law and
cannot-be waived

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VENUE OF ACTIONS AGAINST NON-RESIDENTS [Regalado, citing Hoechst Philippines v Torres


[Rule 5, Sec. 3] (1978)].

Non-resident found in the Philippines – OTHER RULES ON VENUE


(a) For personal actions – Where the plaintiff resides; (a) Improper Venue: The Court may not motu propio
(b) For real actions – Where the property is located. dismiss an action on the ground of improper
venue. [Dacoycoy v. IAC (1991)]
Non-resident not found in the Philippines – An action
may be filed only when the case involves: Exception: In summary procedures.
(a) Personal status of plaintiff - Where plaintiff
resides; (b) Change of Venue: The SC has the power to
(b) Any property of said defendant located in the change the venue to prevent a miscarriage of
Phil. - Where the property (or any portion thereof) justice. [Art. 8, Sec. 5, Consti]
is situated/found.
(c) Waiver Of Venue:
WHEN THE RULES ON VENUE DO NOT APPLY (1) Until and unless the defendant objects to the
[Rule 4, Sec. 4] venue in a motion to dismiss prior to a
(a) If a specific rule/law provides otherwise (e.g. responsive pleading, the venue cannot truly be
action for damages arising from libel); said to have been improperly laid since for all
(b) Stipulations as to Venue is permitted if the parties intents and purposes, the venue though
have validly agreed technically wrong may yet be considered
(1) in writing acceptable to the parties for whose
(2) before the filing of the action convenience the rules on venue had been
(3) on the exclusive venue devised. Although venue is mandatory, it is
waivable. [Diaz v. Adiong (1993)]
In the absence of qualifying restrictive words (e.g. (2) Means of waiving venue:
“only/solely/exclusively in such court”), venue (i) Where parties validly agreed in writing
stipulation is merely permissive; that is, the before the filing of the action on the
stipulated venue is in addition to the venue provided exclusive venue thereof [Rule 4, Sec 4 (b)];
for in the rules. [Polytrade Corp. v. Blanco (1969)] and
(ii) Failure to raise improper venue as
The mere stipulation on the venue of an action, affirmative defense or in motion to dismiss
however, is not enough to preclude parties from
bringing a case in other venues. The parties must be
able to show that such stipulation is exclusive. In the
absence of qualifying or restrictive words, the
stipulation should be deemed as merely an Pleadings
agreement on an additional forum, not as limiting
venue to the specified place. [Riano citing Spouse DEFINITION
Lantin v. Lantion, (2006)] Pleadings are the written statements of the
respective claims and defenses of the parties,
EFFECTS OF STIPULATIONS ON VENUE submitted to the court for appropriate judgment
(a) To be binding, the parties must have agreed on [Rule 6, Sec. 1]
the exclusive nature of the venue of any
prospective action between them. The agreement
of parties must be restrictive and not permissive. Pleading Motion
[Regalado]
(b) In the absence of qualifying restrictive words (e.g. Purpose: To submit a Purpose: To apply for an
“only/solely/exclusively in such court”), venue claim/defense for order not included in the
stipulation is merely permissive; that is, the appropriate judgment judgment
stipulated venue is in addition to the venue May be initiatory Cannot be initiatory as
provided for in the rules. [Polytrade Corp. v. they are always made in
Blanco (1969)] a case already filed in
(c) The court may declare agreements on venue as court.
contrary to public policy if such stipulation Always filed before May be filed even after
unjustly denies a party a fair opportunity to file judgment judgment
suit in the place designated by the Rules

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KINDS OF PLEADINGS ANSWER [Rule 6, Sec. 4]


PLEADINGS ALLOWED [Rule 6, Sec. 2] Definition
(1) Complaint; The pleading where the defendant sets forth his
(2) Answer; affirmative/negative defenses. It may also be the
(3) Counterclaim; response to a counterclaim or a cross-claim.
(4) Cross-claim;
(5) 3rd-party Complaint, Two kinds of defenses that may be set forth in the
(6) Complaint-in-intervention; answer [Rule 6, Sec. 5]
(7) Reply; (a) Negative Defenses – Specific denials of the
material facts alleged in the pleading of the
COMPLAINT [Rule 6, Sec. 3] claimant essential to his cause of action.
Definition
The pleading alleging the plaintiff’s cause/s of Negative Pregnant - Denial pregnant with an
action. It should contain a concise statement of the admission. It is a denial pregnant with the
ultimate facts constituting the plaintiff’s cause/s of admission of the substantial facts in the pleading
action, not evidentiary facts or legal conclusions. responded to which are not squarely denied. It is
in effect an admission of the averment it is
It shall contain: directed to. [Philamgen v. Sweet Lines (1993)]
(a) in a methodical and logical form
(b) a plain, concise and direct statement of ultimate (b) Affirmative Defenses – Allegations of new matters
facts on which the plaintiff relies for his claim, which, while hypothetically admitting the
(c) omitting statement of mere evidentiary facts. material allegations in the claimant’s pleading,
[Rule 8, Sec. 1] would nevertheless prevent/bar recovery by him.
It includes fraud, prescription, release, payment
Its function is to inform the defendant clearly and and any other matter by way of confession and
definitely of claims made against him so that he may avoidance.
be prepared to meet the issues at trial.
COUNTERCLAIMS [Rule 6, Sec. 6]
It should inform the defendant of all material facts Definition
on which the plaintiff relies to support his demand. Any claim which a defending party may have against
an opposing party.
It should state the theory of a cause of action which (a) A counterclaim is in the nature of a cross-
forms the bases of plaintiff’s claim of liability. complaint. Although it may be alleged in the
[Tantuico v. Republic (1991)] answer, it is not part of the answer.
(b) Upon its filing, the same proceedings are had as
Ultimate Facts – Essential facts constituting the in the original complaint.
plaintiff’s cause of action. A fact is essential if it (c) For this reason, it must be answered 10 days from
cannot be stricken out without leaving the statement service [Rule 11, Sec 4] (Asked in the 2002 and
of the cause of action insufficient. [Remitere v. 2008 Bar Exams).
Montinola (1966)]
How to raise counterclaims
Not ultimate facts: Included in the answer:
(a) Evidentiary or immaterial facts; A compulsory counterclaim or a cross-claim that a
(b) Legal conclusions, conclusions or inferences of defending party has at the time he files his answer
facts from facts not stated, or incorrect inferences shall be contained therein. [Rule 11, Sec. 8]
or conclusions from facts stated;
(c) Conclusions of law alleged in the complaint are Exception: Pleadings may be amended under Rule 11,
not binding on the court. Sec. 10:
(d) The details of probative matter or particulars of (a) By leave of court;
evidence, statements of law, inferences and (b) Before judgment;
arguments. (c) On the grounds of:
(1) Oversight;
Test of sufficiency of the facts alleged in the (2) Inadvertence;
complaint: WON upon the averment of facts, a valid (3) Excusable neglect;
judgment may be properly rendered [Pamintan v. (4) When justice requires.
Costales (1914)].

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After the answer [Rule 11, Sec. 9] (a) It must arise out of, or be necessarily connected
(a) Counterclaims/cross-claims arising after the with, the transaction/occurrence that is the
answer, subject matter of the opposing party's claim;
(b) with the court’s permission, (b) It does not require for its adjudication the
(c) may be presented as a counterclaim/cross-claim presence of 3rd parties of whom the court cannot
by supplemental pleading before judgment. acquire jurisdiction;
(c) It must be within the court’s jurisdiction both as
Rules on counterclaims to the amount and the nature. [Regalado, citing
(a) In an original action before the RTC, the Quintanilla v CA (1997)]
counterclaim may be considered compulsory
regardless of the amount. [Rule 6, Sec. 7] General rule: A compulsory counterclaim not set up in
(b) In the case of Agustin v. Bacalan (1985), if a the answer is deemed barred.
counterclaim is filed in the MTC in excess of its
jurisdictional amount, the excess is considered Exception: If it is a counterclaim which either
waived. matured or was acquired by a party after serving his
(c) But in Calo v. Ajax (1968), the remedy where a answer. In this case, it may be pleaded by filing a
counterclaim is beyond the jurisdiction of the supplemental answer or pleading before judgment.
MTC is to set off the claims and file a separate [Rule 11, Sec. 9]
action to collect the balance.
Note:
Kinds of counterclaims (a) The filing of a MTD and the setting up of a
compulsory counterclaim are incompatible
Compulsory counterclaim Permissive counterclaim remedies.
(b) In the event that a defending party has a ground
One which arises out of It does not arise out of for dismissal and a compulsory counterclaim at
or is necessarily nor is it necessarily the same time, he must choose only one remedy.
connected with the connected with the (c) If he decides to file a MTD, he will lose his
transaction or subject matter of the counterclaim. But if he opts to set up his
occurrence -that is the opposing party's claim. counterclaim, he may still plead his ground for
subject matter of the dismissal as an affirmative defense in his answer.
opposing party's claim. (d) If any of the grounds to dismiss under Rule 17,
Does not require for its May require for its Sec. 3 arise, the proper recourse for a defendant
adjudication the adjudication the who desires to pursue his compulsory
presence of third parties presence of third parties counterclaim in the same proceeding is not a
of whom the court over whom the court MTD.
cannot acquire cannot acquire (e) Instead, he should only move to have the plaintiff
jurisdiction. jurisdiction. declared non-suited on the complaint so that the
Barred if not set up in Not barred even if not latter can no longer present his evidence thereon,
the action. set up in the action. and simultaneously move that he be declared as
Need not be answered; Must be answered, in default on the compulsory counterclaim, and
no default. otherwise, the defendant reserve the right to present evidence ex parte on
can be declared in his compulsory counterclaim. [BA Finance v. Co
default. (1993)]
(a) A permissive counterclaim requires the payment
of docket fees. [Sun Insurance v. Asuncion (1989)] Permissive counterclaim
(b) A plaintiff who fails or chooses not to answer a [NOTE: Please also refer to table comparing
compulsory counterclaim may not be declared in compulsory and permissive counterclaims]
default, principally because the issues raised in
the counterclaim are deemed automatically Test to determine whether a counterclaim is
joined by the allegations in the complaint. [Gojo v. compulsory or permissive
Goyala (1970)] Logical Relationship Test: Where conducting separate
trials of the respective claims would entail
Compulsory counterclaim substantial duplication of effort and time and
Requisites of a compulsory counterclaim [Rule 6, Sec involves many of the same factual and legal issues.
7] (Asked in the 1998 bar exam) [Meliton v. CA (1992)]

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Effect on the Counterclaim when the complaint is (b) Counter-Cross-claim - A claim filed against an
dismissed original cross-claimant.
Under Section 3, Rule 17, dismissal of action due to
plaintiff’s fault shall be without prejudice to the THIRD (FOURTH, ETC.) PARTY COMPLAINTS
[Rule 6, Sec.
defendant’s right to prosecute his counterclaim in 11]
the same/separate action. [NOTE: See also table in immediately preceding
subsection]
CROSS-CLAIMS [Rule 6, Sec. 8]
Requisites for cross-claim Definition: It is a claim that a defending party may,
(a) A claim by one party against a co-party; with leave of court, file against a person not a party
(b) It must arise out of the subject matter of the to the action for contribution, indemnity, subrogation
complaint or of the counterclaim; or any other relief, in respect of his opponent's claim.
(c) The cross-claimant is prejudiced by the claim
th
against him by the opposing party. There could also be a 4 /etc.-party complaint with
the same purpose and function.
General rule: A cross-claim is always compulsory. A
cross-claim not set up shall be barred. [Rule 9, Sec.
2] 3rd-party complaint Complaint in intervention

Exceptions: Brings into the action a Same


(a) When it is outside the court’s jurisdiction; 3rd person who was not
(b) If the court cannot acquire jurisdiction over 3rd originally a party
parties whose presence is necessary for the Initiative is with the Initiative is with a non-
adjudication of said cross-claim. In this case, the person already a party to party who seeks to join
cross-claim is considered permissive. the action the action

The dismissal of the complaint carries with it the


dismissal of a cross-claim which is purely
defensive, but not a cross-claim seeking an 3rd-party complaint Counterclaim
affirmative relief. [Torres v. CA (1973)]
Need not be within the Must be within the
Cross Claim, Counterclaim and Third Party Complaint jurisdiction of the court jurisdiction of the court
(Asked in the 1997 and 1999 Bar Exams) trying the main case trying the main case
rd
Cross-claim Counterclaim 3 Party Diminishes/defeats the Need not
complaint recovery sought by the diminish/defeat the
Against a co- Against an Against a opposing party recovery sought by the
party opposing party person not a opposing party
party to the Cannot exceed the May exceed in amount
action amount stated in the or be different in kind
Must arise May arise out of or Must be in original complaint from that sought in the
out of the be necessarily respect of the original complaint
transaction connected with opponent’s
that is the the transaction or (plaintiff’s) Tests to determine whether the 3rd-party complaint is
subject the subject matter claim in respect of plaintiff's claim [Capayas v. CFI (1946)]
matter of the of the opposing (a) WON it arises out of the same transaction on
original party’s claim which the plaintiff's claim is based, or although
action or of a (compulsory arising out of another/different transaction, is
counterclaim counterclaim), or it connected with the plaintiff’s claim;
therein may not (b) WON the 3rd-party defendant would be liable to
(permissive the plaintiff or to the defendant for all/part of the
counterclaim) plaintiff’s claim against the original defendant;
(c) WON the 3rd-party defendant may assert any
Counter-counterclaims and counter-cross-claims defenses which the 3rd-party plaintiff has or may
[Rule 6, Sec. 9] have to the plaintiff’s claim.
(a) Counter-Counterclaim - A claim asserted against
an original counter-claimant.

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Note: (c) It is not an absolute right as it can be secured


(a) Leave of court to file a 3rd-party complaint may only in accordance with the terms of applicable
be obtained by motion under Rule 15. statute or rule. [Office of Ombudsman v.
th
(b) Summons on 3rd (4 /etc.) – party defendant Samaniego (2010)]
must be served for the court to obtain jurisdiction
over his person, since he is not an original party. Requisites for valid intervention
(c) Where the trial court has jurisdiction over the (a) There must be a motion for intervention filed
main case, it also has jurisdiction over the 3rd- before rendition of judgment by the trial court.
party complaint, regardless of the amount (b) Movant must show in his motion that he has a:
involved as a 3rd-party complaint is merely (1) legal interest in (1) the matter of litigation, (2)
auxiliary to and is a continuation of the main the success of either of the parties in the
action. [Republic v. Central Surety (1968)] action or (3) against both parties.
rd
(d) A 3 -party complaint is not proper in an action (2) that the movant is so situated as to be
for declaratory relief. adversely affected by a distribution or other
disposition of property in the custody of the
COMPLAINT-IN-INTERVENTION court or an officer thereof
Pleadings in intervention [Rule 19, Sec. 3] (3) that the intervention must not unduly delay or
(a) Complaint-in-intervention – If intervenor asserts a prejudice the adjudication of the rights of the
claim against either or all of the original parties. original parties and that the intervenor’s rights
(b) Answer-in-intervention – If intervenor unites with may not be fully protected in a separate
the defending party in resisting a claim against proceeding.
the latter.
Meaning of legal interest
Definition Interest must be of a direct and immediate character
INTERVENTION is a remedy by which a third party, so that the intervenor will either gain or lose by the
not originally impleaded in a proceeding, becomes a direct legal operation of the judgment. The interest
litigant therein to enable him to protect or preserve a must be actual and material, a concern which is
right or interest which may be affected by such more than mere curiosity, or academic or
proceeding. sentimental desire; it must not be indirect and
contingent, indirect and remote, conjectural,
Its purpose is "to settle in one action and by a single consequential or collateral. [Virra Mall Tenants v.
judgment the whole controversy (among) the Virra Mall (2011)]
persons involved." [First Philippine Holdings v.
Sandiganbayan (1996); Rule 19] Remedy for denial of motion for intervention
(a) The movant may file a motion for reconsideration
When allowed since the denial of a motion for intervention is an
Intervention shall be allowed when a person has: interlocutory order.
(a) a legal interest in the matter in litigation; (b) Alleging grave abuse of discretion, movant can
(b) or in the success of any of the parties; also file a certiorari case.
(c) or an interest against the parties; and
(d) when he is so situated as to be adversely affected REPLY [Rule 6, Sec. 10]
by a distribution or disposition of property in the Definition: The plaintiff’s response to the defendant's
custody of the court or of an officer thereof. [First answer,
Philippine Holdings v. Sandiganbayan (1996)] (a) the function of which is to deny or allege facts in
Not an independent action denial or in avoidance of new matters alleged by
Intervention is not an independent action, but is way of defense in the answer and
ancillary and supplemental to an existing (b) thereby join or make issue as to such new
litigation. [First Philippine Holdings v. matters.
Sandiganbayan (1996)]
(a) It is neither compulsory nor mandatory but only Effect of failure to reply (Asked in the 2000 bar
optional and permissive. [Mabayo v. CA (2002)] exam)
(b) The Court has full discretion in permitting or
disallowing intervention, which must be exercised General rule: Filing a reply is merely optional. New
judiciously and only after consideration of all the facts that were alleged in the answer are deemed
circumstances obtaining in the case. [Mago v. CA controverted should a party fail to reply thereto.
(1999)]

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Exception: Reply is required:


(a) Where the answer is based on an actionable The defendant may also elect to file a counterclaim
document. [Rule 8, Sec. 8] against the plaintiff that does not arise out of the
(b) Where the answer alleges the defense of usury. same transaction or occurrence, provided that the
[Rule 8, Sec. 11] amount and nature thereof are within the coverage
of this Rule and the prescribed docket and other
PLEADINGS ALLOWED IN SMALL CLAIM CASES legal fees are paid.
AND CASES COVERED BY THE RULES ON
SUMMARY PROCEDURE Note: Courts decision shall be contained in Form 13-
Under the Revised Rules on Summary Procedure the SCC
only pleadings allowed to be filed are [Sec. 3]:
(a) complaints; PROHIBITED PLEADINGS AND MOTIONS:
(b) compulsory counterclaims and cross-claims (a) Motion to dismiss the complaint except on the
pleaded in the answer; and ground of lack of jurisdiction;
(c) the answers thereto. (b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a
PROHIBITED PLEADINGS, MOTIONS OR PETITIONS [Sec. judgment, or for reopening of trial;
19]: (d) Petition for relief from judgment;
(a) Motion to dismiss the complaint or to quash the (e) Motion for extension of time to file pleadings,
complaint or information except on the ground of affidavits, or any other paper;
lack of jurisdiction over the subject matter, or (f) Memoranda;
failure to comply with required barangay (g) Petition for certiorari, mandamus, or prohibition
conciliation proceedings; against any interlocutory order issued by the
(b) Motion for a bill of particulars; court;
(c) Motion for new trial, or for reconsideration of a (h) Motion to declare the defendant in default;
judgment, or for opening of trial; (i) Dilatory motions for postponement;
(d) Petition for relief from judgment; (j) Reply;
(e) Motion for extension of time to file pleadings, (k) Third-party complaints; and
affidavits or any other paper; (l) Interventions.
(f) Petition for certiorari, mandamus, or prohibition PARTS OF A PLEADING [Rule 7, Secs. 1 to 3]
against any interlocutory order issued by the
court; CAPTION
(g) Motion to declare the defendant in default; Caption - Court’s name, action’s title (i.e. parties’
(h) Dilatory motions for postponement; names) and docket number.
(i) Reply;
(j) Third party complaints; and Body - Pleading’s designation, allegations of party's
(k) Interventions. claims/defenses, relief prayed for and pleading’s
date.
FORMS USED UNDER THE RULE OF PROCEDURE UNDER (a) Paragraphs must be numbered, and each
SMALL CLAIMS CASES: paragraph number must contain a single set of
(a) Instead of filing complaint, a Statement of Claim circumstances
using Form 1-SCC shall be filed [Sec. 5] (b) Headings: if more than one cause of action, use
(b) Answer shall be filed by way of a Response using "1st cause of action," 2nd cause of action," etc.
Form 3-SCC [Sec. 10] (c) Specify relief sought, but it may add a general
(c) Defendant may file counterclaim if he possesses prayer for such further/other relief as may be
a claim against the plaintiff that deemed just/equitable.
(1) is within the coverage of this Rule, exclusive of (d) Every pleading shall be dated.
interest and costs;
(2) arises out of the same transaction or event SIGNATURE AND ADDRESS
that is the subject matter of the plaintiff’s Pleading must be signed by the party/counsel. State
claim; address (not PO box) in either case.
(3) does not require for its adjudication the
joinder of third parties; and VERIFICATION AND CERTIFICATION AGAINST FORUM
(4) is not the subject of another pending action, SHOPPING [Rule 7, Sec. 4]
the claim shall be filed as a counterclaim in Verification
the Response; otherwise, the defendant shall Pleadings need not be verified, unless otherwise
be barred from suit on the counterclaim. provided by the law/rules.

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(2) in order that the litigant may have ample


How a Pleading is Verified [Rule 7, Sec 4] opportunity to prove their respective claims,
By an affidavit: and possible denial of substantial justice, due
(a) That the affiant read the pleading; to technicalities, may be avoided. [Gerales v.
(b) That the allegations therein are true and correct CA (1993)]
of his personal knowledge or based on authentic
documents. Requirements of a corporation executing the
verification/certification of non-forum shopping
Certification of Non-Forum Shopping (CNFS) [Rule 7, Only individuals vested with authority by a valid board
Sec. 5] resolution may sign the certificate of non-forum
Definition: The filing of multiple suits in different shopping in behalf of a corporation. In addition, the
courts, simultaneously or successively, involving the Court has required that proof of said authority must
same parties, to ask the courts to rule on the be attached. Failure to provide a certificate of non-
same/related causes and/or to grant the same or forum shopping is sufficient ground to dismiss the
substantially the same relief. [T'Boli Agro-Industrial petition. Likewise, the petition is subject to dismissal
Development, Inc. (TADI) v. Solidapsi (2002)] (Asked if a certification was submitted unaccompanied by
in the 2006 Bar Exam) proof of the signatory’s authority. [PAL v. FASAP
(2006)]
Test to Determine WON there is Forum Shopping
(ASKED IN THE 2002 BAR EXAM) - WON in the 2 or EFFECT OF THE SIGNATURE OF COUNSEL IN A PLEADING
more cases pending, there is identity of: (a) Counsel’s signature is a certification that:
(a) Parties; (1) He has read the pleading;
(b) Rights or causes of action; (2) To the best of his knowledge, information and
(c) Relief sought. belief there is good ground to support it;
(3) It is not interposed for delay.
The CNFS is to be executed by the petitioner, not by (b) An unsigned pleading produces no legal effect.
the counsel. (c) However, the court may allow such deficiency to
be remedied if it shall appear that the same was
CNFS is required only for complaints or initiatory due to inadvertence and not intended for delay.
pleadings (e.g. permissive counterclaim, cross-claim
etc.). ALLEGATIONS IN A PLEADING

CNFS is not required in a compulsory counterclaim. MANNER OF MAKING ALLEGATIONS


A counterclaim is not an initiatory pleading. [UST In general [Rule 8, Sec. 1]
Hospital v. Surla (1998)] (a) In a methodical and logical form.
(b) Plain, concise and direct statement of the
The lack of certification against forum shopping is ultimate facts on which the party pleading relies
not curable by mere amendment of a complaint, but for his claim/defense.
shall be a cause for the dismissal of the case without (c) Omit evidentiary facts.
prejudice. The general rule is that subsequent (d) If defense relied on is based on law, cite the
compliance with the requirements will not excuse a provisions and their applicability.
party's failure to comply in the first
instance. [Ramirez v. Mar Fishing (2012)] Condition precedent - a general averment of the
performance or occurrence of all conditions
Effect of Submission of False CNFS or Non- precedent shall be sufficient [Rule 8, Sec. 3]
Submission of CNFS
(a) Indirect contempt; Fraud, mistake, malice, intent, knowledge and other
(b) Administrative and criminal actions. condition of the mind, judgments, official documents
or acts - Circumstances constituting fraud or mistake
Effect of Willful and Deliberate Forum Shopping must be stated with particularity while malice, intent,
(Asked in the 2006 and 2007 Bar Exams) knowledge or other condition of the mind of a person
(a) Ground for summary dismissal of the case with may be averred generally [Rule 8, Sec. 5]
prejudice;
(b) Direct contempt and administrative sanctions. Facts that may be Averred Generally
(1) Pleadings as well as remedial laws should be (a) Conditions precedent; but there must still be an
liberally construed allegation that the specific condition precedent
has been complied with, otherwise it will be

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dismissed for lack of cause of action; [Rule 8, Sec.


3] (3) Disavowal of knowledge – by an allegation of lack
(b) Capacity to sue or be sued; of knowledge or information sufficient to form a
(c) Capacity to sue or be sued in a representative belief as to the truth of the averment in the
capacity; [Rule 8, Sec. 4] opposing party's pleading. This does not apply
(d) Legal existence of an organization; where the fact as to which want of knowledge is
A party desiring to raise an issue as to the legal asserted is, to the knowledge of the court, so
existence or capacity of any party to sue or be plain and necessarily within the defendant's
sued in a representative capacity shall do so by knowledge that his averment of ignorance must
specific denial which shall include supporting be palpably untrue.
particulars within the pleader's knowledge. [Rule
8, Sec 4] Note:
(e) Malice/intent/knowledge or other condition of the General rule: Allegations not specifically denied are
mind; [Rule 8, Sec. 5] deemed admitted [Rule 8, Sec. 11]
(f) Judgments of domestic/foreign courts, tribunals,
boards or officers (without need to show Exceptions:
jurisdiction); [Rule 8, Sec. 6] (a) Allegations as to the amount of unliquidated
(g) Official documents/acts. [Rule 8, Sec. 9] damages;
(b) Allegations immaterial to the cause of action;
Facts that must be Averred Particularly (c) Allegations of merely evidentiary or immaterial
Circumstances showing fraud/mistake in all facts may be expunged from the pleading or may
averments of fraud/mistake [Rule 8, Sec. 5] be stricken out on motion. [Rule 8, Sec. 12]
(d) Conclusion of law.
PLEADING AN ACTIONABLE DOCUMENT
Actionable document Kinds of denial (Asked in the 2004 Bar Exam)
A document which is really the basis of the cause of (a) Specific denial – Specifies each material
action (or defense), and not merely evidentiary allegation of fact the truth of which he does not
thereof. [Rule 8, Sec. 7] admit, and sets forth the substance of the
matters upon which he relies to support his
Genuineness and due execution of an actionable denial. [Rule 8, Sec. 10]
instrument shall be deemed admitted unless the (b) Denial with qualification - Specifies so much of it
adverse party, under oath, specifically denies them, as is true and material, and deny the remainder.
and sets forth what he claims to be the facts. [Rule (c) Specific denial for lack of knowledge/information
8, Sec. 8] sufficient to form as belief as to the truth of a
material averment made in the complaint.
Exception to the requirement of an oath: when the (d) Specific denial under oath - Contests the
adverse party does not appear to be a party to the authenticity or due execution of an actionable
instrument. [Donato v. CA (1993)] document. [Rule 8, Sec. 8]

How an action or defense may be based on a Disciplinary Action on Counsel Regarding Pleadings
document: [Rule 7, Sec. 3]
(a) By copying a substantial portion of the document (a) Deliberately filing an unsigned pleading;
into the pleading; (b) Deliberately signing a pleading in violation of the
(b) By annexing /incorporating the document into Rules;
the pleading; (c) Alleging scandalous/Indecent matter in the
(c) By both copying and annexing document into the pleading;
pleading. (d) Failing to promptly report a change of his
address.
SPECIFIC DENIALS
Three Ways of Making a Specific Denial Effect of failure to make specific denials
(1) Specific absolute denial – by specifically denying General rule: Defenses and objections not pleaded
the averment and, whenever practicable, setting either in a MTD or in the answer, are deemed waived.
forth the substance of the matters relied upon for [Rule 9, Sec. 1]
such denial.
Exceptions:
(2) Partial specific denial – part admission and part (a) Lack of jurisdiction over the subject matter;
denial; (b) Litis pendentia;

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(c) Res judicata; WHEN A DECLARATION OF DEFAULT IS PROPER


(d) Prescription (a) Court validly acquired jurisdiction over the
defendant’s person, either by service of summons
When a specific denial requires an oath - Contests the or voluntary appearance;
authenticity or due execution of an actionable (b) Defendant fails to answer within the time allowed
document. [Rule 8, Sec. 8] therefor;
(c) Motion to declare the defendant in default;
EFFECT OF FAILURE TO PLEAD (d) Notice to the defendant by serving upon him a
FAILURE TO PLEAD DEFENSES AND OBJECTIONS copy of such motion;
(e) Proof of such failure to answer.
General rule: Defenses and objections not pleaded in
answer or motion to dismiss are deemed waived. EFFECT OF AN ORDER OF DEFAULT (Asked in the 1999
(Omnibus Motion Rule) [Rule 9] Bar Exam) [Rule 9, Sec 3(a)]
A defendant who fails to file an answer may, upon
Exceptions: motion, be declared by the court in default. Loss of
(a) Lack of jurisdiction over the subject matter; standing in court, the forfeiture of one’s right as a
(b) Litis pendentia between same parties for the party litigant, contestant or legal adversary, is the
same cause consequence of an order of default. A party in
(c) Res judicata default loses his right to present his defense, control
(d) Action barred by statute of limitations. the proceedings, and examine or cross-examine
witnesses. He has no right to expect that his
FAILURE TO PLEAD A COMPULSORY COUNTERCLAIM AND pleadings would be acted upon by the court nor may
CROSS-CLAIM be object to or refute evidence or motions filed
against him. [Ortero v. Tan (2012)]
Compulsory counterclaim
General Rule: A compulsory counterclaim not set up The court shall proceed to render judgment granting
is considered barred. [Rule 9, Sec. 2] the claimant relief as his pleading may warrant,
unless the court in its discretion requires the
Exception: If due to oversight, inadvertence, claimant to submit evidence. Such reception of
excusable neglect, etc. the compulsory counterclaim, evidence may be delegated to the clerk of court.
with leave of court, may be set up by amendment
before judgment. [Rule 11, Sec. 10] The party in default shall be entitled to notice of
subsequent proceedings but not to take part in the
Cross-claim trial.
A cross-claim is always compulsory. A cross-claim (a) A defendant declared in default cannot take part
not set up shall be barred. [Rule 9, Sec. 2] in the trial, but he cannot be disqualified from
testifying as a witness in favor of non-defaulting
DEFAULT [Rule 9, Sec. 3] defendants. [Cavili v. Florendo (1987)]
Definition: Failure of the defendant to answer within (b) A party in default is entitled to notice of:
the proper period. It is not his failure to appear nor (1) Motion to declare him in default;
his failure to present evidence (Asked in the 2000 (2) Order declaring him in default;
and 2001 Bar Exams) (3) Subsequent proceedings;
(4) Service of final orders and judgments.

Order of default Judgment by default Note: A defending party declared in default retains
the right to appeal from the judgment by default.
Issued by the court on Rendered by the court However, the grounds that may be raised in such an
plaintiff’s motion, for following a default order appeal are restricted to any of the following:
failure of the defendant or after it received ex (a) the failure of the plaintiff to prove the material
to file his responsive parte plaintiff’s evidence allegations of the complaint;
pleading seasonably (b) the decision is contrary to law; and
Interlocutory -Not Final – Appealable (c) the amount of judgment is excessive or different
appealable in kind from that prayed for. [Ortero v. Tan (2012)]

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RELIEF FROM AN ORDER OF DEFAULT [Rule 9, Sec 3(b)]


(a) Before judgment, a party declared in default may (c) An order of default is an interlocutory order which
file a motion under oath to set aside the order of is not appealable. A judgment by default is a final
default upon proper showing that: disposition of the case and is appealable.
(1) His failure to answer was due to fraud, [MERALCO v. La Campana Food Products (1995)]
accident, mistake or excusable negligence; (d) A petition for certiorari under Rule 65, although
and that not a substitute for an available or lost appeal,
(2) He has a meritorious defense. may be invoked while the orders of the lower
(b) In such case, the order of default may be set aside court are issued without or in excess of
on terms and conditions as justice requires. jurisdiction.
(e) Judgment by default being appealable, appeal
Remedies of a party declared in default should be perfected within 15 days from receipt of
(a) Pleadings, as well as remedial laws, should be copy of order denying MFR of default judgment.
liberally construed in order that litigants may [Oriental Media v. CA (1995)]
have ample opportunity to prove their respective (f) A satisfactory showing by the movant of the
claims, and possible denial of substantial existence of fraud, accident, mistake or excusable
justice. [Gerales v. CA (1993)] neglect is an indispensable requirement for the
setting aside of a judgment of default or an order
(b) Dulos v. CA (1990) of default.
At any time after the discovery (g) A meritorious defense is only one of the two
of default and before judgment, conditions. The meritorious defense must concur
defendant may file a motion with the satisfactory reason for the non-
Motion to Set under oath to set aside order of appearance of the defaulted party. If there is no
Aside Order of default on the ground that his such reason, the appropriate remedy is an
Default [Rule 9, failure to file an answer or ordinary appeal under Rule 41, Sec. 2. [Ramnani
Sec. 3(B)] appear on the date set for the v. CA (1993)]
pre-trial was due to fraud, (h) The jurisdiction was properly acquired by the TC
accident mistake of law, and over the defendant’s person; he was therefore
excusable negligence and that properly declared in default for not having filed
he has a meritorious defense any answer.
(a) If the judgment has already (i) Despite his failure to file a motion to set aside the
been rendered when the declaration of default, he has the right to appeal
defendant discovered the the default judgment.
default, but before the same (j) But in the appeal, only the evidence of the
became final and executory. petitioner may be considered, respondent not
(b) It should be filed within the having adduced any defense evidence. [Boticano
Motion for New period for perfecting an v. Chu (1987)]
Trial [Rule 37, Sec. appeal. Timely filing thereof
1(A)] interrupts the 15-day EFFECT OF A PARTIAL DEFAULT [Rule 9, Sec 3(c)]
reglementary period for an If the pleading asserting a claim states a common
appeal. cause of action against several defending parties,
(c) It is required that defendant and some of the defending parties answer while the
file first a motion to lift order others fail, the court shall try the case against all
of default to regain his defendants upon the answers filed and render
standing. [Tan v. CA (1997)] judgment upon the evidence presented.
Petition for Relief If the defendant discovered the Exception: If the defense is personal to the one who
from Order, default after the judgment has answered; in which case, it will not benefit those who
Judgment or Other become final and executory did not answer.
Proceedings [Rule
38, Sec. 1 And 2] EXTENT OF RELIEF
The defendant may also appeal Extent of relief to be awarded
from the judgment rendered The award shall not exceed the amount or be
Appeal from the against him as contrary to the different in kind from that prayed for; nor award
RTC [Rule 41, Sec. evidence or the law, even if he unliquidated damages.
1] did not present a petition to set
aside the order of default

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Rationale: It is presumed that where the relief


demanded is greater or different in kind, defendant Lesaca v. CA (1992): A defendant who already filed an
would not have allowed himself to be declared in answer cannot be declared in default. Only when
default. the defendant fails to file an answer to the complaint
may the court proceed to render judgment.
Datu Samad Mangelen v. CA (1992): In a judgment
based on evidence presented ex parte, judgment Bayog v. Natino (1996): The Revised Rules on
should not exceed the amount or be different in kind Summary Procedure does not provide that an answer
from that prayed for. filed after the reglementary period should be
expunged from the records.
On the other hand, in a judgment where an answer
was filed but defendant did not appear at the As a matter of fact, there is no provision for an entry
hearing, the award may exceed the amount or be of default if a defendant fails to file his answer.
different in kind from that prayed for.
The defense of LOJ may have even been raised by
ACTIONS WHERE DEFAULT ARE NOT ALLOWED the defendant in a MTD as an exception to the rule
Cases where no defaults are allowed [Rule 9, Sec 3(e)] on prohibited pleadings in the Revised Rule on
(a) Annulment of marriage; Declaration of nullity of Summary Procedure. Such a motion is allowed under
marriage; Legal Separation; Sec. 19(a) thereof.

Here, the court shall order the prosecuting Malanyaon v. Sunga (1992): Where the failure to
attorney to investigate WON parties are colluding appear at the pre-trial hearing was uncontrovertedly
and, if there is no collusion, to intervene from the due to illness, the default order may be set aside on
State to ensure that evidence is not fabricated. the ground of accident over which petitioner had no
control.
(b) Special civil actions of certiorari, prohibition and
mandamus, where comment (instead of an Also, the order of arrest was illegal as there is
answer) is required to be filed. nothing in the ROC which authorizes such a
consequence of a default order.
Failure to appear at pre-trial
Who fails to Effect Acquisition of jurisdiction
appear
Plaintiff Cause for dismissal of the FILING AND SERVICE OF PLEADINGS
action which will be with DEFINITION
prejudice, unless otherwise Filing – The act of presenting the pleading or other
ordered by the court paper to the clerk of court. [Rule 13, Sec. 2]
Defendant Cause to allow plaintiff to
present evidence ex parte, and Service – The act of providing a party or his counsel
court to render judgment on with a copy of the pleading or paper concerned. [Rule
the basis thereof 13, Sec. 2]

Default by defendant As in default PAPERS REQUIRED TO BE FILED AND SERVED [Rule 13, Sec.
(Rule 9, Sec. 3) (failure to appear by 4]
plaintiff) (Rule 18, Sec. 5) (a) Pleading subsequent to the complaint;
Upon motion and notice Not required (b) Appearance;
to defendant. (c) Written Motion;
Requires proof of failure Not required (d) Notice;
to answer (e) Order;
Court to render Court to allow plaintiff (f) Judgment;
judgment, unless it to present evidence ex (g) Demand;
requires submission of parte, then the court (h) Offer of Judgment;
evidence shall render judgment (i) Resolution;
Relief awarded must be Relief awarded may be (j) Similar papers.
the same in nature and of different nature and
amount as prayed for in amount from the relief PAYMENT OF DOCKET FEES
the complaint prayed for As a rule, the court acquires jurisdiction over the case
only upon payment of prescribed fees

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General rule: Without payment, case is considered within thirty (30) days after receipt of summons of the
not filed. Payment of docket fees is mandatory and foreign entity where the defendant is a foreign
jurisdictional. private juridical entity and service of summons is
made on the government official designated by law
It is not simply the filing of the complaint or to receive the same, the answer shall be filed [Rule
appropriate initiatory pleading but the payment of 11, Sec. 2]
the prescribed docket fee, that vests a trial court with
jurisdiction over the subject matter or nature of the Answer to amended complaint - Where the plaintiff
action [Proton Pilipinas v. Banque National de Paris files an amended complaint as a matter of right, the
(2005)] defendant shall answer the same within fifteen (15)
days after being served with a copy thereof.
Effect of Failure to Pay Docket Fees at Filing
Manchester v. CA (1987) [Old Rule]: AUTOMATIC Where its filing is not a matter of right, the defendant
DISMISSAL. Any defect in the original pleading shall answer the amended complaint within ten (10)
resulting in underpayment of the docket fees cannot days from notice of the order admitting the same. An
be cured by amendment, such as by the reduction of answer earlier filed may serve as the answer to the
the claim as, for all legal purposes, there is no amended complaint if no new answer is filed.
original complaint over which the court has acquired
jurisdiction Note that this Rule shall apply to the answer to an
amended counterclaim, amended cross-claim,
Modification by Sun Insurance v. Asuncion (1989): amended third (fourth, etc.) party complaint, and
NOT AUTOMATIC DISMISSAL BUT Court may allow amended complaint-in-intervention. [Rule 11, Sec. 3]
payment of fees within reasonable period of time.
Note that payment should always be within the Answer to counterclaim or cross-claim - A
prescriptive period of the action filed. counterclaim or cross-claim must be answered
within ten (10) days from service. [Rule 11, Sec. 4]
Further Modification by Heirs of Hinog v. Melicor
(2005): FEES AS LIEN. Where the trial court acquires Answer to third (fourth, etc.)- party complaint - Same
jurisdiction over a claim by the filing of the pleading rule as the answer to the complaint. [Rule 11, Sec. 5]
and the payment of the prescribed filing fee, BUT
SUBSEQUENTLY, the judgment awards a claim not Reply - within ten (10) days from service of the
specified in the pleading, or cannot then be pleading responded to. [Rule 11, Sec. 6]
estimated, or a claim left for determination by the
court, then the additional filing fee shall constitute a Answer to supplemental complaint - within ten (10)
lien on the judgment. days from notice of the order admitting the same,
unless a different period is fixed by the court.
Note: Appellate docket and other lawful fees must
be paid within the same period for taking an appeal. Note that the answer to the complaint shall serve as
Non-payment is a valid ground for dismissal of an the answer to the supplemental complaint if no new
appeal. [M.A. Santander v. Villanueva (2004)] or supplemental answer is filed.
However, delay in the payment of docket fees confers
upon the court discretionary and not mandatory NOTE: Upon motion and on such terms as may be
power to dismiss an appeal. [Villamor v. CA (2004)] just, the court may extend the time to plead provided
in these Rules. The court may also, upon like terms,
FILING VERSUS SERVICE OF PLEADINGS allow an answer or other pleading to be filed after
Filing is the act of presenting the pleading or other the time fixed by these Rules. [Rule 11, Sec. 11]
papers to the clerk of court. [Rule, 13, Sec. 2]
MANNER OF FILING
Service is the act of providing a party with a copy of Manner of filing [Rule 13, Sec. 3] (Asked in the 2005
the pleading or paper concerned. [Rule, 13, Sec. 2] Bar particularly in comparison with filing in criminal
actions)
PERIODS OF FILING OF PLEADINGS (a) Personally.
Answer to the complaint - The defendant shall file his (1) By personally presenting the original to the
answer to the complaint within fifteen (15) days after clerk of court.
service of summons, unless a different period is fixed
by the court. [Rule 11, Sec. 1]

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(2) The pleading is deemed filed upon the receipt 10 days after mailing, Affidavit of the person
of the same by the clerk of court who shall unless otherwise mailing of facts showing
endorse on it the date and hour of filing. provided by the court compliance with Sec. 7 of
(3) If a party avails of a private carrier, the date of Rule 13.
the court’s actual receipt of the pleading (not Service by registered mail
the date of delivery to the private carrier) is Whichever is earlier: Affidavit of the person
deemed to be the date of the filing of that (a) Actual receipt by mailing of facts showing
pleading. [Benguet Electric Cooperative v. the addressee compliance with Sec. 7 of
NLRC (1992)] (b) 5 days after the Rule 13
(b) By registered mail. addressee received
(1) Filing by mail should be through the registry 1st postmaster's AND
service (i.e. by depositing the pleading in the notice
post office). Registry receipt issued by
(2) The pleading is deemed filed on the date it the post office
was deposited with the post office.

MODES OF SERVICE [Rule 13, Sec. 5] Service of judgments, final orders or resolutions [Rule
Personal service [Rule 13, Sec. 6] 13, Sec. 9]
(a) Delivering personally a copy to the party or his (a) By personal service;
counsel. (b) By registered mail;
(b) Leaving a copy in counsel's office with his clerk or (c) By publication at the expense of the prevailing
with a person having charge thereof. party if party was summoned by publication and
(c) If no person is found in his office, or if his office is has failed to appear in the action.
unknown, or if he has no office – Leaving the copy
between 8am and 6pm at the party's or counsel's Priorities in modes of service and filing [Rule 13, Sec.
residence (if known) with a person of sufficient 11]
age and discretion then residing therein.
General rule: Personal filing and service. Resort to
Service by (registered) mail [Rule 13, Sec. 7] other modes of filing and service must be
(a) By depositing the copy in the office, in a sealed accompanied by an explanation why the
envelope, plainly addressed to the party or his service/filing was not done personally. If there is no
counsel at his office or at his residence (if known), written explanation, the paper is considered not
with postage fully pre-paid, and with instructions filed.
to the postmaster to return the mail to the sender
after 10 days if undelivered. Exception: Papers emanating from the court.
(b) If no registry service is available in the locality of
either sender or addressee, service may be done When service is deemed complete
by ordinary mail. (a) Personal service is deemed complete upon actual
delivery [Rule 13, Sec. 10]
Substituted service [Rule 13, Sec. 8] (b) Service by registered mail is complete upon
By delivering the copy to the clerk of court, with proof actual receipt by the addressee or after 5 days
of failure of both personal service and service by mail from the date he received the first notice of the
postmaster, whichever date is earlier. [Rule 13,
Completeness of service Proof of service (Rule 13 Sec. 10]
(Rule 13 Sec. 10) Sec. 13) (c) Service by ordinary mail is complete upon the
Personal service expiration of 10 days after mailing, unless the
Upon actual delivery Written admission of the court otherwise provides [Rule 13, Sec. 10]
party served, OR (d) Substituted service is complete at the time of
Official return of the server delivery of the copy to the clerk of court together
OR with the proof of failure of both personal service
Affidavit of the party and service by mail. [Rule 13, Sec. 8]
serving, with a full
statement of the Purpose of the rule on completeness of service for
date/place/manner of service by registered mail: To make sure that the
service. party being served with the pleading, order or
Service by ordinary mail judgment is duly informed of the same so that such
party can take steps to protect the interests, i.e.,

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enable to file an appeal or apply for other Notice of lis pendens [Rule 13, Sec. 14]
appropriate reliefs before the decision becomes final. Lis Pendens - Notice of a pendency of the action
[MINTERBRO v,CA (2012)] between the parties involving title to or right of
possession over real property.
Proof of filing and service
Proof of filing Requisites: [AFP Mutual Benefit Association v. CA
(a) Filing is proved by its existence in the record of (2001)]
the case [Rule 13, Sec. 12]. (a) Action affects the title or the right of possession
(b) If it is not in the record [Rule 13, Sec. 12]. of the real property;
(b) Affirmative relief is claimed;
When pleading is deemed Proof of filing (c) Notice shall contain the name of the parties and
filed the object of the action/defense and a description
Personally of the property affected thereby;
Upon receipt of the Written/stamped (d) Action in rem.
pleading by the clerk of acknowledgment by the (1) The notice serves as a warning to all persons,
court clerk of court prospective purchasers or encumbrancers of
By registered mail the property in litigation to keep their hands
On the date the pleading Registry receipt, and off the property in litigation unless they are
was deposited with the affidavit of the person prepared to gamble on the result of the
post office who did the mailing proceedings.
with: (2) The defendant may also record a notice of lis
(a) Full statement of pendens when he claims an affirmative relief
the date/place of in his answer.
depositing the mail (3) The notice of cannot be cancelled on an ex
in the post office in a parte motion or upon the mere filing of a bond
sealed envelope by the party on whose title the notice is
addressed to the annotated, as Sec. 14 provides that such
court cancellation may be authorized only upon
(b) Postage fully paid order of court, after proper showing that:
(c) Instructions to the [Roxas v. CA (1993)]
postmaster to return (4) The notice is for the purpose of molesting the
the mail to the adverse party; or
sender after 10 days (5) It is not necessary to protect the rights of the
if undelivered party who caused it to be recorded

Proof of Service [Rule 13, Sec. 13] Amended and supplemental pleadings
(a) Proof of personal service shall consist of:
(1)a written admission of the party served, or the AMENDMENT
official return of the server, OR HOW TO AMEND PLEADINGS [Rule 10, Sec. 1]
(2) the affidavit of the party serving, (a) Adding an allegation of a party;
(3) Content: full statement of the date, place (b) Adding the name of a party;
and manner of service. (c) Striking out an allegation of a party;
(b) Proof of service by ordinary mail: (d) Striking out the name of a party;
(1)an affidavit of the person mailing (e) Correcting a mistake in the name of a party; and
(2) Content: facts showing compliance with (f) Correcting a mistaken or inadequate allegation or
Rule 13, Sec. 7 description in any other respect.
(c) Proof of service by registered mail
(1) an affidavit of the person mailing containing Purpose: That the actual merits of the controversy
the facts showing compliance with Rule 13, may speedily be determined, without regard to
Sec. 7, AND technicalities, and in the most expeditious and
(2) the registry receipt issued by the mailing inexpensive manner.
office.
(3) the registry return card which shall be filed Barfel Development v. CA (1993): As a general policy,
immediately upon its receipt by the sender, or liberality in allowing amendments is greatest in the
in lieu thereof of the unclaimed letter together early stages of a law suit, decreases as it progresses
with the certified or sworn copy of the notice and changes at times to a strictness amounting to a
given by the postmaster to the addressee. prohibition.

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(b) Once exercised, it cannot be disturbed on appeal,


This is further restricted by the condition that the except in case of abuse thereof. [Metropolitan
amendment should not prejudice the adverse party Bank v. Presiding Judge (1990)]
or place him at a disadvantage.
FORMAL AMENDMENT [Rule 10, Sec. 4]
Form [Rule 10, Sec. 7] (a) A defect in the designation of the parties and
A new copy of the entire pleading, incorporating the other clearly clerical errors may be summarily
amendments, which shall be indicated by corrected by the court motu proprio or by motion
appropriate marks, shall be filed. at any stage of the action.
(b) Provided that no prejudice is caused to the
AMENDMENT AS A MATTER OF RIGHT adverse party.
Substantial Amendments – once, made at any time
before a responsive pleading is served. If it is a reply, AMENDMENTS TO CONFORM TO OR AUTHORIZE
once, made at any time within 10 days after it is PRESENTATION OF EVIDENCE [Rule 10, Sec. 5] (Asked in
served. [Rule 10, Sec. 2] (Asked in the 2003 Bar the 2004 Bar Exam)
Exam) (a) If issues not raised by the pleadings are tried with
the express/implied consent of the parties, they
AMENDMENTS BY LEAVE OF COURT shall be treated in all respects as if they had been
Substantial Amendments - If as a matter of raised in the pleadings.
discretion, requires leave of court if:
(a) It is substantial; and (b) Amendment of pleadings as may be necessary to
(b) A responsive pleading has already been served. cause them to conform to the evidence and to
[Rule 10, Sec. 3] raise these issues, may be made upon motion of
any party, any time (even after judgment).
Requisites for amendments by leave of court
(a) Motion filed in court; But failure to amend does not affect the result of
(b) Notice to the adverse party; the trial of these issues.
(c) Opportunity to be heard afforded to the adverse
party. (c) If evidence is objected to at the trial on the
ground that it is not within the issues made by
(Note: In the 2008 Bar Exam, a question was asked the pleadings, the court may allow the pleadings
on amendment of complaint to implead additional to be amended and shall do so with liberality if
parties) the presentation of the merits of the action and
the ends of substantial justice will be subserved
When amendment by leave of court may not be thereby. The court may grant a continuance to
allowed enable the amendment to be made.
(a) If the cause of action, defense or theory of the
case is changed. Amendments vis-à-vis supplemental pleadings
(b) If amendment is intended to confer jurisdiction to
the court. IFFERENT FROM SUPPLEMENTAL PLEADINGS
If the court has no jurisdiction in the subject Supplemental pleadings (ASKED IN THE 2000 BAR
matter of the case, the amendment of the EXAM)
complaint cannot be allowed so as to confer
jurisdiction on the court over the property. [PNB v. Definition: One which sets forth transactions,
Florendo (1992)] occurrences or events which have happened since
the date of the pleading sought to be supplemented.
(c) If amendment is for curing a premature or non- [Rule 10, Sec. 6]
existing cause of action.
(d) If amendment is for purposes of delay. Purpose: to bring into the records new facts which
will enlarge or change the kind of relief to which the
Note: plaintiff is entitled [Ada v. Baylon (2012), citing Young
(a) Admitting an amended complaint in intervention v. Spouses Yu]
is a matter addressed to the court’s discretion,
subject only to the limitations that amendments It is made upon motion of a party with reasonable
should not substantially change the cause of notice and upon terms as are just.
action or alter the theory of the case or made to
delay the action.

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The cause of action stated in the supplemental


complaint must be the same as that stated in the Summons
original complaint. Otherwise, the court should not
admit the supplemental complaint. [Asset Definition: A coercive force issued by the court to
Privatization Trust v. CA (1998)] acquire jurisdiction over the person of the defendant
(asked in the 1999 Bar Exam)
A supplemental complaint/pleading supplies
deficiencies in aid of an original pleading, not to NATURE AND PURPOSE OF SUMMONS IN
entirely substitute the latter. RELATION TO ACTIONS IN PERSONAM, IN REM
AND QUASI IN REM
Unlike in an amended complaint, the original
complaint exists side by side with the supplemental PURPOSE
complaint. [Shoemart v. CA (1990)] (1) To acquire jurisdiction over the person of the
defendant in a civil case;
A supplemental pleading may raise a new cause of (2) To give notice to the defendant that an action has
action as long as it has some relation to the original been commenced against him.
cause of action set forth in the original complaint.
[Ada v. Baylon (2012)] ISSUANCE OF SUMMONS
Upon the filing of the complaint and the payment of
A supplemental pleading may properly allege legal fees, the clerk of court shall issue the
transactions, occurrences or events which had corresponding summons to the defendants. [Rule 14,
transpired after the filing of the pleading sought to Sec. 1]
be supplemented, even if the said supplemental
facts constitute another cause of action. [Ada v.
Baylon (2012)] CONTENTS OF SUMMONS [Rule 14, Sec. 2]
Summons must be directed to the defendant, signed
by the clerk of the court under seal, and contain:
Amendments Supplemental pleadings (1) Name of the court and names of the parties;
(2) Direction that the defendant answer within the
Reason for the Grounds for the time fixed;
amendment is available supplemental pleading (3) Notice that unless the defendant so answers,
at time of the 1st arose after the 1st plaintiff will take judgment by default and may be
pleading pleading was filed granted the relief applied for.
Either as a matter of Always a matter of
right or a matter of discretion A copy of the complaint and order for appointment
discretion of guardian ad litem (if any) shall be attached to the
Supersedes the pleading Supplements the original and each copy of the summons.
pleading (i.e. Exists side NOTE that jurisdiction over person of defendant may
by side with the original also be acquired through voluntary appearance.
pleading)
When an amended A supplemental VOLUNTARY APPEARANCE
GENERAL RULE: Defendant's voluntary appearance in
pleading is filed, a new pleading does not
copy of the entire require the filing of a the action shall be equivalent to service of summons;
pleading must be filed new copy of the entire
EXCEPTION: Special appearance to file a MTD.
pleading

EFFECT OF AMENDED PLEADING


BUT inclusion in the MTD of grounds other than LOJ
Effect [Rule 10, Sec. 8] over the defendant’s person, is not deemed a
(a) Amended pleading supersedes the pleading that voluntary appearance.
it amends.
(b) Claims and defenses in superseded pleading Any mode of appearance in court by a defendant or
which are not incorporated in the amended his lawyer is equivalent to service of summons,
pleading are deemed waived. absent any indication that the appearance of counsel
(c) Admissions made in the superseded pleading for petitioner is precisely to protest the jurisdiction of
may still be received in evidence against the the court over the person of the defendant. [Delos
pleader. Santos v. Montesa (1993)]

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WHO SERVES THE SUMMONS [Rule 14, sec. 3]


(1) The sheriff or his deputy; For a valid substituted service of summons, the
(2) Other proper court officers; following must be established in the proof of service:
(3) For justifiable reasons, any suitable person [Sps. Ventura v. CA (1987)]
authorized by the court issuing the summons. (1) Impossibility of the personal service of summons
(4) Officer having management of a jail or within a reasonable time;
institution deputized as special sheriff when (2) Efforts made to find the defendant personally
defendant is a prisoner [Rule 14, sec. 9] and the fact that such efforts failed; [Laus v. CA
(1993)]
RETURN OF SUMMONS [Rule 14, sec. 4] (3) Service by leaving copy of summons either:
When the service has been completed, the server (a) With some person of suitable age and
shall, within 5 days therefrom, serve a copy of the discretion then residing in the defendant’s
return (personally or by registered mail) to the residence;
plaintiff's counsel, and shall return the summons to (b) With some competent person in charge of the
the clerk who issued it, accompanied by proof of defendant’s office or regular place of business.
service.
For a substituted service to be valid, summons
ALIAS SUMMONS [Rule 14, sec. 5] served at the defendant's residence must be served
Upon plaintiff’s demand, the clerk may issue an alias at his residence at the time of such service and not at
summons if either: his former place of residence.
(1) Summons is returned without being served on
any/all of the defendants. "Dwelling house" or "residence" refer to the place
(2) Summons was lost. where the person named in the summons is living at
the time when the service is made, even though he
The server shall also serve a copy of the return on the may be temporarily out of the country at the time.
plaintiff's counsel within 5 days therefrom, stating [Sps. Ventura v. CA (1987)]
the reasons for the failure of service.
Substituted service must be used only as prescribed
MODES OF SERVICE OF SUMMONS and in the circumstances authorized by statute.
Any application to the court under Rule 14 for leave Statutes prescribing modes other than personal
to effect service in any manner for which leave of service of summons must be strictly complied with to
court is necessary shall be made by: give the court jurisdiction, and such compliance must
(1) motion in writing, appear affirmatively in the return. [Laus v. CA (1993)]
(2) supported by affidavit of the plaintiff or some
person on his behalf, setting forth the grounds While the sheriff's return carries with it the
for the application. [Rule 14, Sec. 17] disputable presumption of regularity in the sense
that the entries therein are deemed correct, it does
PERSONAL SERVICE not necessarily follow that an act done in relation to
SERVICE IN PERSON ON DEFENDANT the official duty for which the return is made was not
(1) By handing a copy of summons to him; done simply because it is not disclosed therein.
(2) By tendering it to him, if he refuses to receive [Mapa v. CA (1992)]
and sign for it. [Rule 14, Sec. 6]
Proof of substituted service of summons must
SUBSTITUTED SERVICE [Rule 14, Sec. 7] (asked in (a) indicate the impossibility of service of summons
the 2004 Bar Exam) within a reasonable time;
(b) specify the efforts exerted to locate the
RATIONALE: Enjoyment of the privileges of residence defendant; and
within the state, and the attendant right to invoke (c) state that the summons was served upon a
the protection of its laws, are inseparable from the person of sufficient age and discretion who is
various incidences of state citizenship. residing in the address, or who is in charge of the
office or regular place of business, of the
One such incident of domicile is amenability to suit defendant. It is likewise required that the
within the state even during sojourns without the pertinent facts proving these circumstances be
state, where the state has provided and employed a stated in the proof of service or in the officer’s
reasonable method for apprising such an absent return. [Sps. Tiu v. Villar (2012)]
party of the proceedings against him. [Northwest v.
CA (1995)]

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CONSTRUCTIVE SERVICE (BY PUBLICATION) [Rule from any interest in any property within the
14, Sec. 14] Philippines;
(d) Has defendant’s property in the Philippines,
REQUISITES attached.
(1) The action is in rem or quasi in rem;
(2) Defendant's identity or whereabouts are unknown MODES OF SERVICE
and cannot be ascertained by diligent inquiry; (1) With leave of court, serve outside the Philippines
(3) There must be leave of court. by personal service; or
(2) With leave of court, serve by publication in a
Summons by publication in a personal action cannot newspaper of general circulation, in which case
confer upon the court jurisdiction over the person of copy of the summons and order of the court must
the defendant, who does not voluntarily submit also be sent by registered mail to the defendant’s
himself to the authority of the court. last known address;
(3) Any other manner the court deems sufficient
The proper recourse for the plaintiff is to locate
properties of the defendant whose address is The court order granting extraterritorial service shall
unknown and cause them to be attached. specify a period of at least 60 days within which the
[Consolidated Plywood v. Breve (1988)] defendant must answer.

SERVICE OF SUMMONS UPON DIFFERENT ENTITIES SERVICE UPON PRISONERS AND MINORS
See Annex A. SERVICE UPON PRISONER [Rule 14, Sec. 9]
Serve upon the officer having management of the
SERVICE UPON A DEFENDANT WHERE HIS IDENTITY IS jail/prison
UNKNOWN OR WHERE HIS WHEREABOUTS ARE UNKNOWN
[Rule 14, Sec. 14] SERVICE UPON MINORS AND INCOMPETENTS [Rule 14, Sec.
10]
With leave of court, by publication in a newspaper of Serve upon the minor/incompetent and on his legal
general circulation guardian.
(a) If there is no guardian, plaintiff may apply for the
SERVICE UPON RESIDENTS TEMPORARILY OUTSIDE THE appointment of a guardian ad litem.
PHILIPPINES [Rule 14, Sec. 16] (b) If minor, may serve on his parents.

With leave of court, may serve extraterritorially PROOF OF SERVICE


RETURN OF SERVICE [Rule 14, Sec. 4]
Service of summons upon different entities When service has been completed, the server shall
Summons is validly served if it is left with some serve a copy of the return within 5 days (personally or
person of suitable age and discretion then residing in by registered mail) to the plaintiff's counsel, and
the defendant's residence, even if defendant was shall return the summons to the clerk who issued it,
abroad at that time. The fact that the defendant did accompanied with the proof of service.
not actually receive the summons did not invalidate
the service of such summons. [Montalban v. Maximo General rule: Return of service of summons
(1963)] immediately shifts burden of evidence from plaintiff
to defendant since there is a presumption of
EXTRA-TERRITORIAL SERVICE, WHEN ALLOWED regularity.
[Rule 14, Sec. 15] (a) Without return of service: Burden is on plaintiff.
(b) In the case of Mapa v. CA (1992) though, while
REQUISITES: (Asked in the 1997 and 2008 Bar Exam) there was a return, return was patently irregular,
(1) Defendant does not reside or is not found in the thus no presumption of regularity could be had.
Philippines;
(2) Action either: Exception: Doctrine of substantial compliance – If
(a) Affects the plaintiff’s personal status; defendant actually received summons and complaint
(b) Relates to or the subject matter of which is despite all these technicalities.
property within the Philippines in which
defendant has a lien/interest; PROOF OF SERVICE
(c) Demands a relief which consists If personal or substituted service: In writing by the
wholly/partially in excluding the defendant server and shall: [Rule 14, Sec. 18]
(1) Set forth the manner/place/date of service;

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(2) Specify any papers which have been served with SERVICE OF SUMMONS UPON DIFFERENT ENTITIES
the process and the name of the person who See Annex A.
received the same;
(3) Be sworn to when made by a person other than a
sheriff or his deputy.

If by publication: [Rule 14, Sec. 19]


Motions
(1) Affidavit of the printer, his foreman, principal
MOTIONS IN GENERAL
clerk, or the editor, business/advertising
manager, with a copy of the publication attached,
DEFINITION OF A MOTION
AND
An application for relief other than by a pleading
(2) Affidavit showing the deposit of a copy of the
[Rule 15, Sec. 1]
summons and order for publication in the post
office, postage prepaid, directed to the defendant
Motion day [Rule 15, Sec. 7]
by registered mail to his last known address.
Except for urgent motions, motions are scheduled for
hearing:
EFFECT OF NON-SERVICE OF SUMMONS (asked in the
(1) On Friday afternoons;
2006 Bar Exam)
(2) Afternoon of the next working day, if Friday is a
Unless the defendant voluntarily submits to the
non-working day.
jurisdiction of the court,non-service or irregular
service of summons renders null and void all
Motion for leave to file a pleading/motion [Rule 15,
subsequent proceedings and issuances in the action
Sec. 9]
from the order of default up to and including the
Must be accompanied by the pleading/motion
judgment by default and the order of execution.
sought to be admitted
If the defendant has already been served with
Motions not acted upon
summons on the original complaint, no further
Parties and counsel should not assume that courts
summons is required on the amended complaint if it
are bound to grant the time they pray for. After all, a
does not introduce new causes of action. [Ong Peng
motion that is not acted upon in due time is deemed
v. Custodio (1961)]
denied. [Orosa v. CA (1996)]
But if the defendant was declared in default on the
MOTIONS VERSUS PLEADINGS
original complaint and the plaintiff subsequently
filed an amended complaint, new summons must be
Motion Pleading
served on the defendant on the amended complaint,
as the original complaint was deemed withdrawn
Contains allegations of Contains allegations of
upon such amendment. [Atkins v. Domingo (1923)]
facts the ultimate facts
Prays for a relief Prays for a relief
WAIVER OF SERVICE OF SUMMONS [Rule 14, Sec. 20]
Grant of the relief does Grant of relief
General rule: Defendant's voluntary appearance in not extinguish the action extinguishes the action
the action shall be equivalent to service of summons; (interlocutory relief) (final relief)
Generally in writing (with Always in writing
Exception: Special appearance to file a MTD. some exceptions)

Inclusion in the MTD of grounds other than LOJ over General rule: A motion cannot pray for judgment.
the defendant’s person, is not deemed a voluntary
appearance. Any mode of appearance in court by a Exception:
defendant or his lawyer is equivalent to service of (1) Motion for judgment on the pleadings.
summons, absent any indication that the (2) Motion for summary judgment.
appearance of counsel for petitioner is precisely to (3) Motion for judgment on demurrer to evidence.
protest the jurisdiction of the court over the person of
the defendant. [Delos Santos v. Montesa (1993)] CONTENTS AND FORM OF MOTIONS
Contents [Rule 15, Sec. 3]
(1) Relief sought to be obtained
(2) Grounds upon which it is based

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(3) If it is required/necessary to prove facts alleged in What may be proof:


a motion, it shall be accompanied by supporting (1) If by registered mail: Affidavit or registry receipt
affidavits and other papers. or postmark on envelope or return card, with an
(4) Motions raising factual issues must be supported explanation.
by affidavits. (2) If by personal service: Affidavit or
acknowledgment of receipt by the other party.
Form of motions [Rule 15, Sec. 2]
General rule: In writing. Exceptions:
(1) If the motion is one which the court can hear ex
Exception: Oral motions: parte.
(1) Made in open court; (2) If the court is satisfied that the rights of the
(2) In the course of a hearing/trial. adverse parties are not affected by the motion.
(3) If the party is in default because such a party is
NOTICE OF HEARING AND HEARING OF MOTIONS not entitled to notice.
Requisites of motions (not made in open court or in
the course of hearing/trial) OMNIBUS MOTION RULE [Rule 15, Sec. 8]
(1) In writing; [Rule 15, Sec. 2] Definition: A motion attacking a pleading/ order/
judgment/ proceeding must include all objections
(2) Hearing on the motion set by the applicant then available. All objections not included in the
Notice of hearing shall be addressed to all motion are deemed waived.
parties, and shall specify the time and date of the
hearing which shall not be later than 10 days Exception: When the court’s jurisdiction is in issue:
from the filing of the motion. [Rule 15, Sec. 5] (1) LOJ over subject-matter;
(2) Litis pendentia;
Notice must be addressed to the counsels. A (3) Res judicata;
notice of hearing addressed to the clerk of court, (4) Prescription.
and not to the parties, is no notice at all.
Accordingly, a motion that does not contain a LITIGATED AND EX PARTE MOTIONS
notice of hearing to the adverse party is nothing Kinds of Motion
but a mere scrap of paper, as if it were not filed; (1) Motion Ex Parte - Made without notification to the
hence, it did not suspend the running of the other party because the question generally
period to appeal. [Provident International presented is not debatable.
Resources v. CA (1996)] (2) Litigated Motion - Made with notice to the
adverse party so that an opposition thereto may
(3) Motion and notice of hearing must be served at be made.
least 3 days before the date of hearing; [Rule 15, (3) Motion Of Course - Motion for a kind of
Sec. 4] relief/remedy to which the movant is entitled to
as a matter of right, Allegations contained in such
Purpose: To prevent surprise upon the adverse party motion do not have to be investigated/verified.
and to enable the latter to study and meet the (4) Special Motion - Discretion of the court is
arguments of the motion. involved. An investigation of the facts alleged is
required.
Exceptions:
(1) Ex parte motions; PRO-FORMA MOTIONS
(2) Urgent motions; Pro forma motion – A motion failing to indicate time
(3) Motions agreed upon by the parties to be heard and date of the hearing
on shorter notice, or jointly submitted by the
parties; MOTIONS FOR BILL OF PARTICULARS
(4) Motions for summary judgment which must be
served at least 10 days before its hearing. BILL OF PARTICULARS (ASKED IN THE 2003 BAR
EXAM)
Proof of service [Rule 15, Sec. 6] Definition: It is a detailed explanation respecting any
General rule: A written motion set for hearing will not matter which is not averred with sufficient
be acted upon by the court if there is no proof of definiteness/particularity in the complaint as to
service thereof. enable a party to properly prepare his responsive
pleading or to prepare for trial. [Rule 12, Sec. 1]

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PURPOSE AND WHEN APPLIED FOR (2) BOP or definite statement filed either as a
It is filed by the plaintiff pursuant to a court order separate pleading or as an amended pleading, a
issued upon granting a motion for BOP filed by the copy of which must be served on the adverse
defendant before the latter files an answer. party.

In said motion, the defendant prays for a more Effect of non-compliance [Rule 12, Sec. 4]
definite statement of matters which are not averred In case of non-compliance or insufficient compliance
with sufficient definiteness in the complaint. with the order for BOP, the court:
(1) May order the striking out of the pleading (or
An action cannot be dismissed on the ground that portion thereof) to which the order is directed; OR
the complaint is vague/indefinite. The remedy of the (2) Make such order as it may deem just.
defendant is to move for a BOP or avail of the proper
mode of discovery. [Galeon v. Galeon (1973)] If the plaintiff fails to obey, his complaint may be
dismissed with prejudice unless otherwise ordered by
Purpose the court. [Rule 12, Sec. 4; Rule 17, Sec. 3]
To inform the adverse party more specifically of the
precise nature and character of the cause of action or If defendant fails to obey, his answer will be stricken
defense alleged in the pleading, with the view of off and his counterclaim dismissed, and he will be
enabling him to prepare properly his responsive declared in default upon motion of the plaintiff. [Rule
pleading or to prepare for trial. 9, Sec. 3; Rule 12, Sec. 4; Rule 17, Sec. 4]

The purpose of a BOP is to define/ clarify/ EFFECT ON THE PERIOD TO FILE A RESPONSIVE PLEADING
particularize/ limit/ circumscribe the issues in the [Rule 12, Sec. 5]
case to expedite the trial and assist the court.
A Motion for BOP interrupts the period to file a
The only question to be resolved in a motion for a responsive pleading.
BOP is WON the allegations in the complaint are
averred with sufficient definiteness/ particularity to The period to which the movant is entitled at the
enable the movant to properly prepare his time of filing of the motion, which shall not be less
responsive pleading and to prepare for trial. than 5 days in any event.
[Tantuico, Jr. v. Republic (1991)]
NOTE the following distinctions:
A BOP becomes part of the pleading for which it was
intended. [Rule 12, Sec. 6]
Bill of Particulars (BOP) Intervention
When applied for [Rule 12, Sec. 1]
(1) Before responding to a pleading Purpose is to enable a Purpose is to enable a
(2) If the pleading is a reply, within 10 days from party bound to respond person not yet a party to
service thereof to a pleading to get an action, yet having a
What a motion for bill of particulars should point out more details about certain right or interest in
[Rule 12, Sec. 1] matters which are such action, the
(1) The defects complained of; alleged generally or opportunity to appear
(2) The paragraph wherein they are contained; which are indefinite and and be joined so he
(3) The details desired. vague, so as to properly could assert or protect
guide such party in such right or interest
ACTIONS OF THE COURT [Rule 12, Sec. 2] answering the pleading
(1) Deny; and to avoid surprise in
(2) Grant the motion outright; the trial of the case
(3) Allow the parties the opportunity to be heard. Available to the Available to any person
defendant before he files not yet a party to the
COMPLIANCE WITH THE ORDER AND EFFECT OF NON- his responsive pleading action at any time after
COMPLIANCE the commencement of
Compliance with order [Rule 12, Sec. 3] an action, even during
If motion for BOP is granted wholly/partially: the proceeding, but not
(1) Within 10 days from notice of order, BOP or a after the trial has been
more definite statement should be submitted concluded
(unless court fixes a different period).

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Terminating the action before trial (b) LOJ over the subject matter of the claim
(c) Improper venue
MOTION TO DISMISS (d) Plaintiff’s lack of legal capacity to sue
DEFINITION (e) Litis pendentia
A remedy of the defendant, or the responding party (f) Res judicata
in general, which attacks the entire pleading and (g) Prescription
seeks its dismissal based on: (h) Failure to state a cause of action
(1) Grounds which are patent on the face of the (i) Extinguished claim
complaint; (j) Unenforceable claim under the Statute of Frauds
(2) Defenses available to the defendant at the time (k) Non-compliance with a condition precedent for
of the filing of the complaint filing claim

It hypothetically admits the facts stated in the LOJ over the defendant’s person
complaint. The objection of LOJ over the person on account of
lack of service or defective service of summons, must
It is not a responsive pleading. It is not a pleading at be raised:
all. It is subject to the omnibus motion rule since it is (1) At the very first opportunity;
a motion that attacks a pleading. Hence, it must (2) Before any voluntary appearance is made.
raise all objections available at the time of the filing If a defendant had not been properly summoned, the
thereof. period to file a MTD for LOJ over his person does not
commence to run until he voluntarily submits to the
General rule: A court may not motu propio dismiss a jurisdiction of the court. [Laus v. CA (1993)]
case, unless a motion to that effect is filed by a party.
Appearance of counsel is equivalent to summons,
Exception: unless such is made to protest the jurisdiction of the
(1) Cases where the court may dismiss a case motu court over the person of the defendant. If grounds
propio; [Rule 9, Sec. 1] other than invalid service of summons are raised, it
(2) Failure to prosecute; [Rule 17, Sec. 3] cannot be considered as a special appearance. [De
(3) Sec. 4, Revised Rule on Summary Procedure. los Santos v. Montesa (1993)]

TYPES OF DISMISSAL OF ACTION LOJ over the subject matter of the claim
(1) MTD before answer under Rule 16; If the complaint shows on its face LOJ, the court may
(2) MTD under Rule 17: dismiss the case outright instead of hearing the
(a) Upon notice by plaintiff; motion.
(b) Upon motion by plaintiff;
(c) Due to fault of plaintiff. A MTD on the ground of LOJ over the subject matter
(3) Demurrer to evidence after plaintiff has may be raised either:
completed the presentation of his evidence under (1) Before answer;
Rule 33; (2) After answer is filed;
(4) Dismissal of an appeal. (3) After hearing had commenced;
(4) At any stage of the proceeding, even for the first
Note: time on appeal and even if no such defense is
A MTD shall be proved/disproved according to the raised in the answer.
rules of evidence.
Improper venue
The hearing shall be conducted as an ordinary Unless and until the defendant objects to the venue
hearing and the parties shall be allowed to present in a MTD prior to a responsive pleading, the venue
evidence, except when the motion is based upon cannot truly be said to have been improperly laid
failure of the complaint to state a cause of action. since, for all practical intents and purposes, the
venue though technically wrong may yet be
When the MTD is based on facts not appearing of considered acceptable to the parties for whose
record, the court may hear the matter on convenience the rules on venue had been devised.
affidavits/depositions. Improper venue may be waived and such waiver may
occur by laches. [Diaz v. Adiong (1993)]
GROUNDS [Rule 16, Sec. 1] (Asked in the 2008 Bar
Exam) A stipulation between the parties as to venue does
(a) LOJ over the defendant’s person not preclude the filing of suits in the residence of

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plaintiff/defendant under Rule 4, Sec. 2(b). In the


absence of qualifying/restrictive words which would The 1st case shall be abated if it is merely an
indicate that a specific place alone is the venue, an anticipatory action or defense against an expected
agreement as to venue is merely permissive and suit. The 2nd case will not be abated if it is not
there is no waiver of right to pursue remedy in other brought to harass. [Vitrionics Computers v. RTC
courts. [HSBC v. Sherman (1989)] (1993)]

If the court erroneously denies the MTD, the remedy Res judicata
is prohibition. Requisites (Asked in the 2000 Bar Exam):
(1) Former judgment rendered by a court having
Plaintiff’s lack of legal capacity to sue jurisdiction over the subject matter and over the
The plaintiff lacks legal capacity to sue: parties;
(1) When he does not possess the necessary (2) Judgment must be a final judgment;
qualification to appear at the trial (e.g. when he (3) Judgment must be on the merits;
plaintiff is not in the full exercise of his civil There can be res judicata without a trial, such as
rights); in a judgment on the pleadings (Rule 34); a
(2) When he does not have the character which he summary judgment (Rule 35); or an order of
claims, which is a matter of evidence (e.g. when dismissal under Rule 17, Sec. 3.
he is not really a duly appointed administrator of (4) There must be identity of parties, of subject
an estate). matter and of the causes of action.

Lack of legal capacity to sue refers to plaintiff’s For res judicata to apply, absolute identity of parties
disability; while lack of legal personality to sue refers is not required because substantial identity is
to the fact that the plaintiff is not a real party in sufficient. Inclusion of additional parties will not
interest, in which case the ground for dismissal affect the application of the principle of res judicata.
would be that the complaint states no cause of
action. The test of identity of cause of action lies not in the
form of the action but on WON the same evidence
Litis pendentia would support and establish the former and the
Requisites: [Anderson Group v. CA (1997) Asked in the present causes of action. [DBP v. Pundogar (1993)]
2007 Bar Exam]
(1) Identity of parties; Rationale: The sum and substance of the whole
(2) identity of rights asserted and relief prayed for; doctrine is that a matter once judicially decided is
(3) Relief founded on the same facts and the same finally decided because of:
basis; (1) Public policy and necessity makes it the interest
(4) Identity in the 2 proceedings should be such that of the State that there should be an end to
any judgment which may be rendered in the other litigation;
action will amount to res judicata on the action (2) The hardship on the individual that he should be
under consideration. vexed twice for the same cause. [Nabus v. CA
(1991)]
It is not required to allege that there be a prior
pending case. It is sufficient to allege and prove the Two concepts of res judicata [ABALOS V. CA 1993,
pendency of another case, even if same had been ASKED IN THE 1997 BAR EXAM)]
brought later. (1) Bar by prior judgment – Judgment on the merits
in the 1st case constitutes an absolute bar to the
It does not require that the later case be dismissed in subsequent action not only as to every matter
favor of the earlier case. To determine which case which was offered and received to sustain or
should be abated, apply: defeat the claim/demand, but also to any other
(1) The More Appropriate Action Test; admissible matter which might have been offered
(2) The Interest of Justice Test, taking into account: for that purpose and to all matters that could
(a) Nature of the controversy; have been adjudged in that case. (Asked in the
(b) Comparative accessibility of the court to the 2002 Bar Exam)
parties;
(c) Other similar factors. (2) Conclusiveness of judgment – Where the 2nd
action between the parties is upon a different
In both tests, the parties’ good faith shall be taken claim/demand, the judgment in the 1st case
into consideration. operates as an estoppel only with regard to those

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issues directly controverted, upon the Test: Assuming the allegations and statements to be
determination of which the judgment was true, does the plaintiff have a valid cause of action?
rendered.
A MTD based upon the ground of failure to state a
Note: A single act or omission that causes damage to cause of action imports a hypothetical admission by
an offended party may give rise to two separate civil the defendant of the facts alleged in the complaint.
liabilities on the part of the offender (1) civil liability ex
delicto, that is, civil liability arising from the criminal If the court finds the allegations of the complaint to
offense under Article 100 of the Revised Penal Code, be sufficient but doubts their veracity, it must deny
52 and (2) independent civil liability, that is, civil the MTD and require the defendant to answer and
liability that may be pursued independently of the then proceed to try the case on its merits.
criminal proceedings. Because of the distinct and
independent nature of the two kinds of civil liabilities, A complaint containing a premature cause of action
jurisprudence holds that the offended party may may be dismissed for failure to state a cause of
pursue the two types of civil liabilities simultaneously action.
or cumulatively, without offending the rules on forum
shopping, litis pendentia, or res judicata.[Lim v. Co If the suit is not brought against the real party-in-
(2012)] interest, a motion to dismiss may be filed on the
ground that the complaint states no cause of action.
On naturalization: A decision or order granting [Tanpinco v. IAC (1992)]
citizenship will not even constitute res judicata to any
matter or reason supporting a subsequent judgment Extinguished claim
cancelling the certification of naturalization already That the claim/demand set forth in the plaintiff's
granted, on the ground that it had been illegally or pleading has been paid, waived, abandoned or
fraudulently procured. [Republic v. Ong (2012)] otherwise extinguished.

Statute of limitations Unenforceable claim under the statute of frauds


Prescription applies only when the complaint on its Article 1403 (2) CC requires certain contracts to be
face shows that indeed the action has already evidenced by some note or memorandum in order to
prescribed. be enforceable, to wit:
(a) An agreement that by its terms is not to be
If the fact of prescription is not indicated on the face performed within a year from the making thereof;
of the complaint and the same may be brought out (b) A special promise to answer for the debt, default,
later, the court must defer decision on the motion or miscarriage of another;
until such time as proof may be presented on such (c) An agreement made in consideration of marriage,
fact of prescription. other than a mutual promise to marry;
(d) An agreement for the sale of goods, chattels or
things in action, at a price not less than five
Prescription Laches hundred pesos, unless the buyer accept and
receive part of such goods and chattels, or the
Concerned with the fact Concerned with the evidences, or some of them, of such things in
of delay effect of delay action, or pay at the time some part of the
A matter of time A matter of equity purchase money; but when a sale is made by
Statutory Not statutory auction and entry is made by the auctioneer in his
Applies in law Applies in equity sales book, at the time of the sale, of the amount
Based on fixed time Not based on fixed time and kind of property sold, terms of sale, price,
names of the purchasers and person on whose
Complaint states no cause of action account the sale is made, it is a sufficient
Failure to state a cause of action (not lack of cause of memorandum;
action) is the ground for a MTD. The former means (e) An agreement for the leasing for a longer period
there is insufficiency in the allegations in the than one year, or for the sale of real property or of
pleading. The latter means that there is insufficiency an interest therein;
in the factual basis of the action. (f) A representation as to the credit of a third person.

The failure to state a cause of action must be evident Non-compliance with a condition precedent
on the face of the complaint itself. Non-compliance with PD 1508 (Katarungang
Pambarangay Law) may result in dismissal of the

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case on the ground of non-compliance with a Appeal is not a remedy since denial of a motion
condition precedent. to dismiss is an interlocutory order. As a general
rule, defendant files his answer and then may
RESOLUTION OF MOTION appeal an adverse judgment.
During the hearing of the motion, parties shall
submit: [Rule 16, Sec. 2] (2) Another remedy is to file a certiorari, case under
(1) Their arguments on questions of law; Rule 65 alleging grave abuse of discretion.
(2) Their evidence on questions of fact. [Riano]

Exception: Those not available at that time.


EFFECT OF DISMISSAL OF COMPLAINT ON CERTAIN
If the case goes to trial, such evidence presented GROUNDS
shall automatically be part of the evidence of the Of dismissal: [Rule 16, Sec.5]
party presenting the same. General rule: The action/claim may be re-filed.

After the hearing, the court may either: [Rule 16, Sec. Exception: The action cannot be re-filed (although
3] subject to appeal) if it was dismissed on any of the
(1) Dismiss the action/claim; following grounds:
(2) Deny the MTD; (1) Res judicata;
(3) Order the amendment of pleadings. (2) Prescription;
(3) Extinguishment of the claim/demand;
The court cannot defer the resolution of the MTD for (4) Unenforceability under the Statute of Frauds.
the reason that the ground relied upon is not [Rule 16, Sec. 1 (f),(h),(i)]
indubitable.
On periods for pleading: [Rule 16, Sec.4]
The court’s resolution on the MTD must clearly and If MTD is denied – Movant must file his answer within
distinctly state the reasons therefor. the balance of the period under Rule 11 to which he
was entitled at the time of serving his MTD (but not
REMEDIES OF PLAINTIFF WHEN THE COMPLAINT IS less than 5 days) computed from the his receipt of
DISMISSED notice of the denial.
Remedies of plaintiff when motion to dismiss is
granted If pleading is ordered to be amended – movant must
If the motion is granted, the complaint is dismissed. file his answer within the period under Rule 11,
Since the dismissal is final and not interlocutory in counted from service of the amended pleading
character, the plaintiff has several options: (unless the court gives a longer period).
(1) Depending upon the ground for the dismissal of
the action, the plaintiff may refile the complaint, On other grounds and omnibus motion rule:
e.g when ground for dismissal is anchored on MTD based on the following grounds may be filed
improper venue. even after filing an answer: [Rule 9, Sec. 1]
(2) He may appeal from the order of dismissal where (1) LOJ over subject-matter;
the ground relied upon is one which bars refilling (2) Litis pendentia;
of complaint e.g. (3) Res judicata;
(a) Res judicata (4) Prescription.
(b) Prescription
(c) Extinguishment of the obligation Dismissal of the complaint under Rule 16, Sec. 6 is
(d) Violation of Statutes of Fraud without prejudice to the prosecution (in the same or
(3) The plaintiff may also avail of a petition for in a separate action) of a counterclaim pleaded in
certiorari, alleging grave abuse of discretion. the answer.
[Riano]
WHEN GROUNDS PLEADED AS AFFIRMATIVE DEFENSES
REMEDIES OF THE DEFENDANT WHEN THE MOTION IS [Rule 16, Sec. 6]
DENIED If no MTD was filed, the grounds in Rule 16, Sec. 1
(1) The movant shall file his answer within the may be pleaded as an affirmative defense and the
balance of the period described in Rule 11 to court may conduct a preliminary hearing thereon as
which he was entitled at the time of serving his if a MTD was filed.
motion, but not less than 5 days in any event.

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BAR BY DISMISSAL Upon plaintiff’s filing of notice, the court shall issue
Subject to the right of appeal, an order granting a an order dismissing the case. (i.e. the court has no
motion to dismiss based on paragraphs: discretion on WON to dismiss the case).
(f) – That the cause of action is barred by a prior
judgment or by the statute of limitations; General rule: The dismissal is without prejudice.
(h) – That the claim or demand set forth in the
plaintiff’s pleading has been paid, waived, Exceptions:
abandoned, or otherwise extinguished; and (1) If the notice of dismissal provides that it is with
(i) - That the claim on which the action is founded is prejudice.
enforceable under the provisions of the statute The dismissal is still with prejudice even it the
of frauds notice of dismissal does not so provide, where
such notice is premised on the fact of payment by
shall bar the refiling of the same action or claim. the defendant of the claim involved. [Serrano v.
[Rule 16, Sec. 5] Cabrera (1953)]

DISTINGUISHED FROM DEMURRER TO EVIDENCE UNDER (2) Two-Dismissal Rule –


RULE 33 If the plaintiff has previously dismissed an action
MTD under Rule 16 MTD under Rule 33 based on or including the same claim, the notice
(Demurrer to evidence) operates as an adjudication upon the merits.
Based on preliminary Based on insufficiency
objections of evidence DISMISSAL UPON MOTION BY PLAINTIFF;
May be filed by any May be filed only by the EFFECT ON EXISTING COUNTERCLAIM
defending party against defendant against the
whom a claim is complaint of the DISMISSAL UPON PLAINTIFF’S MOTION [Rule 17, Sec. 2]
asserted in the action plaintiff Here, dismissal of the complaint is subject to the
Should be filed within May be filed only after court’s discretion and upon such terms and
the time for, but prior to, the plaintiff has conditions as may be deemed proper by court
the filing of the completed the
defending party’s presentation of his Leave of court for the dismissal is necessary because
answer to the pleading evidence the motion is made after a responsive pleading or a
asserting the claim motion for summary judgment has been served.
against him
If denied, defendant If denied, defendant If defendant pleaded a counterclaim prior to the
answers; else, he may be may present evidence. service upon him of the plaintiff’s motion for
declared in default. dismissal, the dismissal shall be without prejudice to
If granted, plaintiff the defendant’s right to either:
If granted, plaintiff may appeals and the order (1) Prosecute his counterclaim in a separate action;
appeal or if a of the dismissal is (2) Have the counterclaim resolved in the same
subsequent reversed; the defendant action, by manifesting such preference within 15
case is not barred, he loses his right to days from being notified of plaintiff’s motion for
may re-file the case present evidence. dismissal.

Dismissal here is without prejudice, unless otherwise


provided in the order.

Dismissal of Actions Court approval of the court is necessary in the


dismissal/compromise of a class suit.
DISMISSAL UPON NOTICE BY PLAINTIFF; TWO-
DISMISSAL RULE DISMISSAL DUE TO THE FAULT OF PLAINTIFF
DISMISSAL UPON PLAINTIFF’S NOTICE [Rule 17, Sec. 1] DISMISSAL DUE TO PLAINTIFF’S FAULT [Rule 17, Sec. 3]
Dismissal here is effected not by motion but by mere The case may be dismissed motu proprio or upon the
notice before the service of either: defendant’s motion if, without justifiable cause,
(1) The answer; plaintiff fails either:
(2) A motion for summary judgment. (1) To appear on the date of the presentation of his
evidence-in-chief on the complaint;
(a) The plaintiff’s failure to appear at the trial
after he has presented his evidence and

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rested his case does not warrant the dismissal res judicata. Res judicata, however, is not applicable
of the case on the ground of failure to since the court held that it did not acquire
prosecute. jurisdiction due to non-payment of docket fees.
(b) It is merely a waiver of his right to cross-
examine and to object to the admissibility of Dismissal on the ground of LOJ does not constitute
evidence. [Jalover v. Ytoriaga (1977)] res judicata, there being no consideration and
(2) To prosecute his action for an unreasonable adjudication of the case on the merits. Neither is
length of time (nolle prosequi); there litis pendentia. [Meliton v. CA (1992)]
The test for dismissal of a case due to failure to
prosecute is WON, under the circumstances, the
plaintiff is chargeable with want of due diligence
in failing to proceed with reasonable
promptitude. [Calalang v. CA (1993)]
Pre-Trial
(3) To comply with the ROC or any court order.
CONCEPT OF PRE-TRIAL
DEFINITION
The dismissal has the effect of an adjudication on the
A mandatory conference and personal confrontation
merits, unless the court declares otherwise, without
before the judge between the parties litigant and
prejudice to the right of the defendant to prosecute
their representative counsels, called by the court
his counter-claim in the same or separate action.
after the joinder of issues in a case or after the last
pleading has been filed and before trial, for the
purpose of settling the litigation expeditiously or
Rule 17, Sec. 2 Rule 17, Sec. 3
simplifying the issues without sacrificing the
necessary demands of justice (Asked in the 1999 Bar
Dismissal is at the Dismissal is not procured
Examination, Examiner asked to compare this with
plaintiff’s instance by plaintiff, although
proceedings in the Katarungang Pambarangay).
justified by causes
imputable to him
NATURE AND PURPOSE
Dismissal is a matter of Dismissal is a matter of PURPOSE
procedure, without evidence, an To consider: [Rule 18, Sec. 2]
prejudice unless adjudication on the (a) Possibility of an amicable settlement or of a
otherwise stated in the merits submission to alternative modes of dispute
court order or on resolution;
plaintiff’s motion for (b) Simplification of the issues;
dismissal of his own (c) Necessity/desirability of amendments to the
complaint. pleadings;
Dismissal is without Dismissal is without (d) Possibility of obtaining stipulations or admissions
prejudice to the prejudice to the of facts and of documents to avoid unnecessary
defendant’s right to defendant’s right to proof;
prosecute his prosecute his (e) Limitation of the number of witnesses;
counterclaim in a counterclaim in the (f) Advisability of a preliminary reference of issues to
separate action (unless same or in a separate a commissioner;
within 15 days from action (g) Propriety of rendering judgment on the
notice of the motion he pleadings, or summary judgment, or of
manifests his intention dismissing the action should a valid ground
to have his counterclaim therefor be found to exist;
resolved in the same (h) Advisability/necessity of suspending the
action). proceedings; and
(i) Other matters that may aid in the prompt
DISMISSAL OF COUNTERCLAIM, CROSS-CLAIM disposition of the action.
OR THIRD-PARTY COMPLAINT [Rule 17, Sec. 4]
Note:
This Rule applies to the dismissal of counterclaims, (a) Pre-trial is primarily intended to make certain
cross-claims or 3rd-party complaints. that all issues necessary to the disposition of a
case are properly raised.
Where a counterclaim is made the subject of a (b) Thus, to obviate the element of surprise, parties
separate suit, it may be abated upon a plea of auter are expected to disclose at a pre-trial conference
action pendentia and/or dismissal on the ground of (PTC) all issues of law and fact which they intend

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to raise at the trial, except such as may involve Citibank v. Chua (1993): SC admonishes the courts
privileged or impeaching matters. The against precipitate orders of default as they have the
determination of issues at a pre-trial conference effect of denying the party the chance to be heard.
bars the consideration of other questions on
appeal. [Caltex v. CA (1992)] There are instances when parties may properly be
(c) When conducted: After the last pleading has defaulted, but such is the exception rather than the
been served and filed, it shall be the plaintiff’s rule and should be used only in clear cases of
duty to move ex parte that the case be set for pre- obstinate refusal or inordinate neglect to comply
trial. [Rule 18, Sec. 1] with court orders.
(d) A pre-trial cannot validly be held until the last
pleading has been filed, which last pleading may FAILURE TO APPEAR AT PRE-TRIAL
be the plaintiff's reply, except where the period to Who fails to Effect
file the last pleading has lapsed. appear
(e) Discretion to declare a party non-suited in PTC Plaintiff Cause for dismissal of the
must not be abused. Unless a party is so action which will be with
negligent, irresponsible, contumacious, or prejudice, unless otherwise
dilatory as to provide substantial grounds for ordered by the court
dismissal for non-appearance, the court should Defendant Cause to allow plaintiff to
consider lesser sanctions which would still present evidence ex parte, and
amount to achieving the end desired. [Calalang v. court to render judgment on
CA (1993)] the basis thereof
NOTICE OF PRE-TRIAL [Rule 18, Sec. 3] Default by defendant As in default
Notice of pre-trial shall be served on counsel, or on (Rule 9, Sec. 3) (failure to appear by
the party who has no counsel. plaintiff) (Rule 18, Sec. 5)
Upon motion and notice Not required
Counsel served with such notice has a duty to notify to defendant.
the party he represents. Requires proof of failure Not required
to answer
At the start of the preliminary conference, the judge Court to render Court to allow plaintiff
is mandated to refer the parties and/or their judgment, unless it to present evidence ex
counsels to the mediation unit of the Philippine requires submission of parte, then the court
Mediation Center (PMC) for purposes of mediation. If evidence shall render judgment
the mediation fails, the judge will schedule the
Relief awarded must be Relief awarded may be
continuance of the preliminary conference. This rule
the same in nature and of different nature and
applies to Metro Manila, Cebu Davao City, and other
amount as prayed for in amount from the relief
place where PMC Units may be further organized
the complaint prayed for
and designated. [Admin, Circular No. 20-2002;
Admin. Circular No. 50-2005, April 26, 2005]
(a) A defendant who already filed an answer cannot
be declared in default. Only when the defendant
APPEARANCE OF PARTIES; EFFECT OF FAILURE
fails to file an answer to the complaint may the
TO APPEAR
court proceed to render judgment. [Lesaca v. CA
APPEARANCE OF PARTIES [Rule 18, Sec. 4]
(1992)]
It is the duty of the parties and their counsel to
(b) The Revised Rules on Summary Procedure does
appear at the pre-trial.
not provide that an answer filed after the
reglementary period should be expunged from
A party’s non-appearance may be excused only if
the records.
either:
(c) As a matter of fact, there is no provision for an
(a) Valid cause is shown for it;
entry of default if a defendant fails to file his
(b) A representative appears in his behalf, fully
answer.
authorized in writing:
(d) The defense of LOJ may have even been raised by
(1) To enter into an amicable settlement;
the defendant in a MTD as an exception to the
(2) To submit to alternative modes of dispute
rule on prohibited pleadings in the Revised Rule
resolution;
on Summary Procedure.
(3) To enter into stipulations/admissions of facts
(e) Such a motion is allowed under Sec. 19(a) thereof.
and of documents.
[Bayog v. Natino (1996)]

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(f) Where the failure to appear at the pre-trial (e) If despite all efforts exerted by the TC and the
hearing was uncontrovertedly due to illness, the parties the settlement conference still fails, then
default order may be set aside on the ground of the action should have continued as if no
accident over which petitioner had no control. suspension had taken place. [Goldloop Properties
(g) Also, the order of arrest was illegal as there is v. CA (1992)]
nothing in the ROC which authorizes such a
consequence of a default order. [Malanyaon v. Note: AM 03-1-09-SC (No termination of pre-trial for
Sunga (1992)] failure to settle)

PRE-TRIAL BRIEF; EFFECT OF FAILURE TO CALENDAR OF CASES


APPEAR (a) Under the direct supervision of the judge, the
PRE-TRIAL BRIEF [Rule 18, Sec. 6] clerk of court shall keep a calendar of cases for
(a) Parties shall file and serve their respective pre- pre-trial, for trial, those whose trials were
trial briefs, ensuring receipt by adverse party at adjourned/postponed, and those with motions to
least 3 days before the date of the pre-trial. set for hearing. [Rule 20, Sec. 1]
(b) Pre-trial brief’s contents (Asked in the 2001 Bar (b) Preference shall be given to habeas corpus cases,
Exam): election cases, special civil actions, and those so
(1) Statement of their willingness to enter into required by law. [Rule 20, Sec. 1]
amicable settlement or alternative modes of (c) The assignment of cases to the different branches
dispute resolution, indicating the desired of a court shall be done exclusively by raffle. The
terms thereof; assignment shall be done in open session of
(2) Summary of admitted facts and proposed which adequate notice shall be given so as to
stipulation of facts; afford interested parties the opportunity to be
(3) Issues to be tried/resolved; present. [Rule 20, Sec. 2]
(4) Documents/exhibits to be presented, stating
the purpose thereof; DISTINCTION BETWEEN PRE-TRIAL IN CIVIL
(5) Manifestation of their having availed or their CASE AND PRE-TRIAL IN CRIMINAL CASE (Bar
intention to avail themselves of discovery 1997, Riano)
procedures or referral to commissioners;
(6) Number and names of the witnesses, and the
substance of their respective testimonies. [AM Civil Case Criminal Case
No. 03-1-09-SC]
Set when the plaintiff Ordered by the court and
Note: Failure to file the pre-trial brief shall have the moves ex parte to set the no motion to set the case
same effect as failure to appear at the pre-trial. case for pre-trial [Rule for pre-trial is required
18, Sec. 1] from either the
RECORD OF PRE-TRIAL [Rule 18, Sec. 6] prosecution or the
(a) The pre-trial proceedings shall be recorded. Upon defense [Rule 118, Sec. 1]
termination of such proceedings, the court shall Made after the pleading Ordered by the court
issue the pre-trial order. has been served and after arraignment and
(b) Pre-trial order’s contents: filed [Rule 18, Sec. 1] within 30 days from the
(1) Matters taken up in the conference; sate the court acquired
(2) Action taken thereon; jurisdiction over the
(3) Amendments allowed on the pleadings; person of the accused
(4) Agreements/admissions made by the parties [Rule 118, Sec. 1]
as to any matters considered; Considered the Does not include the
(5) Should the action proceed to trial, the explicit possibility of an considering of the
definition and limit of the issues to be tried. amicable settlement as possibility of amicable
(c) Consequence: The contents of the order shall an important objective settlement of one’s
control the subsequent course of the action, [Rule 118, Sec. 2(a)] criminal liability as one
unless modified before trial to prevent manifest of its purposes [Rule 118,
injustice. Sec. 1]
(d) Upon manifestation of the parties of their The arrangements and (Stricter procedure)
willingness to discuss a compromise, the TC admissions in the pre- All agreements or
should order the suspension of the proceedings trial are not required to admissions made or
to allow them reasonable time to discuss and be signed by both parties entered during the pre-
conclude an amicable settlement. and their counsels. trial conference shall be

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thereof or to submit the case to any of the alternative


Civil Case Criminal Case modes of dispute resolution [AM No. 03-1-09-SC]

Under the Rules, they reduced in writing and EXCEPTION TO THE APPLICATION OF RA 9285:
are instead to be signed by both the (a) labor disputes covered by the Labor Code;
contained in the record accused and counsel; (b) the civil status of persons;
of pre-trial and pre-trial otherwise, they cannot (c) validity of a marriage;
order [Rule 18, Sec. 7] be used against the (d) any ground for legal separation;
accused. [Rule 118, Sec. (e) the jurisdiction of courts;
[AM No. 03-1-09] - 2] (f) future legitime;
requires the proceedings (g) criminal liability; and
during the preliminary (h) those which by law cannot be compromised.
conference to be
recorded in the “Minutes MODES OF ALTERNATIVE DISPUTE RESOLUTIONS:
of Preliminary Arbitration [RA, 9285, Section 1]
Conference” to be signed A voluntary dispute resolution process in which one
by both parties and/or or more arbitrators, appointed in accordance with
counsel. the agreement of the parties, or rules promulgated
(Note: either party or his pursuant to this Act, resolve a dispute by rendering
counsel is allowed to an award\
sign)
The sanctions for non- Sanctions are imposed Note: A court before which an action is brought in a
appearance are imposed upon the counsel for the matter which is the subject matter of an arbitration
upon the plaintiff and accused or the agreement shall, if at least one party so requests not
the defendant [Rule 18, prosecutor [Rule 118, later that the pre-trial conference, or upon the
Sec. 4] Sec. 3] request of both parties thereafter, refer the parties to
A pre-trial brief is A pre-trial brief is not arbitration unless it finds that the arbitration
specifically required to specifically required. agreement is null and void, inoperative or incapable
be submitted [Rule 18, of being performed. [RA 9285, Sec. 24]
Sec. 6]
Different Kinds:
ALTERNATIVE DISPUTE RESOLUTION (ADR) (a) Domestic Arbitration – an arbritration that is not
[RA 9285] international; governed by RA 876 (Arbitration
WHAT IS ALTERNATIVE DISPUTE RESOLUTION SYSTEM? Law) [RA 9285, Sec. 32]
Means any process or procedure used to resolve a (b) International Arbitration - An arbitration is
dispute or controversy, other than by adjudication of international if:
a presiding judge of a court or an officer of a (1) the parties to an arbitration agreement have,
government agency, as defined in this Act, in which a at the time of the conclusion of that
neutral third party participates to assist in the agreement, their places of business in
resolution of issue [RA 9285, Sec. 3] different States; or
(2) one of the following places is situated outside
POLICY BEHIND THE ADR: to actively promote party the State in which the parties have their
autonomy in the resolution of disputes or the places of business:
freedom of the party to make their own (i) the place of arbitration if determined in, or
arrangements to resolve their disputes [RA 9285, pursuant to, the arbitration agreement;
Sec. 2] (ii) any place where a substantial part of the
obligations of the commercial relationship
Notes: is to be performed or the place with which
At the start of the pre-trial conference, the judge the subject-matter of the dispute is most
shall immediately refer the parties and/or their closely connected; or
counsel if authorized by their clients to the PMC (3) the parties have expressly agreed that the
mediation unit for purposes of mediation if subject matter of the arbitration agreement
available.[AM No. 03-1-09-SC] relates to more than one country [Article 3,
Model Law on International Commercial
The pre-trial briefs of parties must include the Arbritration]
parties’ statement of their willingness to enter into
an amicable settlement indicating the desired terms

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Mediation [RA, 9285, Sec. 1] defendant in resisting the claims of plaintiff, or


(a) a voluntary process in which a mediator, selected demanding something adversely to both of them.
by the disputing parties, facilitates
communication and negotiation, and assist the Cariño v. Ofilada (1993): It is the act/proceeding by
parties in reaching a voluntary agreement which a 3rd person becomes a party in a suit pending
regarding a dispute between others.
(b) includes conciliation
It is the admission, by leave of court, of a person not
Mini-trial [RA, 9285, Sec. 1] an original party to pending legal proceedings, by
A structured dispute resolution method in which the which such person becomes a party thereto for the
merits of a case are argued before a panel protection of some right of interest alleged by him to
comprising senior decision makers with or without be affected by such proceedings.
the presence of a neutral third person after which the
parties seek a negotiated settlement An intervenor is a party to the action as the original
parties are, and to make his right effectual he must
Early Neutral Evaluation [RA, 9285, Sec. 1] necessarily have the same powers as the original
An ADR process wherein parties and their lawyers parties. He is entitled to have the issues raised
are brought together early in a pre-trial phase to between him and the original parties tried and
present summaries of their cases and receive a determined.
nonbinding assessment by an experienced, neutral
person, with expertise in the subject in the substance Intervention is never an independent action, but is
of the dispute ancillary and supplemental to the existing litigation.
Its purpose is to afford one not an original party, yet
Combination of Alternative Dispute Resolution [RA, having a certain right/interest in the pending case,
9285, Sec. 1] the opportunity to appear and be joined so he could
Example: Med-Arb: step dispute resolution process assert or protect such right/interest.
involving both mediation and arbitration
Hence, the final dismissal of the principal action
results into the dismissal of said ancillary action.

Intervention WHO MAY INTERVENE [Rule 19, Sec. 1]


(a) One who has a legal interest in the matter in
litigation;
DEFINITION OF INTERVENTION (Asked in the (b) One who has a legal interest in the success of
2003 Bar Exam) [Rule 19, Sec. 1] either of the parties;
A legal remedy whereby a person is permitted to (c) One who has an interest against both parties;
become a party in a case, by either: (d) One who is so situated as to be adversely affected
(a) Joining the plaintiff; by a distribution/disposition of property in the
(b) Joining the defendant; court’s custody.
(c) Asserting his right against both plaintiff and
defendant, considering that either: MEANING OF LEGAL INTEREST
(1) He has a legal interest in the subject matter of (a) Interest must be of a direct and immediate
the action; character so that the intervenor will either gain or
(2) He has legal interest in the success of either of lose by the direct legal operation of the
the parties judgment. The interest must be actual and
(3) He has legal interest against both of the material, a concern which is more than mere
parties curiosity, or academic or sentimental desire; it
(4) He is going to be adversely affected by the must not be indirect and contingent, indirect and
disposition of the property in the custody of remote, conjectural, consequential or collateral.
the court [Virra Mall Tenants v. Virra Mall (2011)]

Metropolitan Bank v. Presiding Judge (1990): (b) When the title to the property if declared void by
Intervention is a proceeding in a suit/action by which final judgment, intervention will not revive or
a 3rd person is permitted by the court to make reinstate the movant’s title derived from the title
himself a party, either joining plaintiff in claiming declared void. [Firestone Ceramics v. CA (1999)]
what is sought by the complaint, or uniting with

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(c) The assignee of a property who assumed complaint, without the establishment of which
payment of whatever amount may be finally plaintiff could not recover.
adjudged against the assignor, may intervene in a
proceeding involving the execution of the PLEADINGS IN INTERVENTION [Rule 19, Sec. 3]
property pursuant to a judgment. [Robles v. Complaint-in-intervention – If intervenor asserts a
Timario (1962)] claim against either or all of the original parties.

(d) In an action for foreclosure of mortgage, the Answer-in-intervention – If intervenor unites with the
alleged owners of the land sought ot be defending party in resisting a claim against the
foreclosed may intervene. [Roxas v. Dinglasan latter.
(1969)]
Answer to complaint-in-intervention [Rule 19, Sec. 4]
Note: Notwithstanding the presence of a legal It must be filed within 15 days from notice of the
interest, permission to intervene is subject to the order admitting the complaint-in-intervention,
sound discretion of the court, the exercise of which is unless a different period is fixed by the court.
limited by considering "whether or not the
intervention will unduly delay or prejudice the
adjudication of the rights of the original parties and Intervention Interpleader
whether or not the intervenor’s rights may be fully
protected in a separate proceeding. [Virra Mall An ancillary action An original action
Tenants v. Virra Mall (2011)] Proper in any of the four Presupposes that the
situations mentioned in plaintiff has no interest
REQUISITES FOR INTERVENTION Rule 19 in the subject matter of
HOW INTERVENTION IS DONE the action or has an
By a motion to intervene, with the pleading-in- interest therein, which in
intervention attached. Must also serve copy of the whole or in part is not
pleading-in-intervention on the original parties. [Rule disputed by the other
19, Sec. 2] parties to the action
There is already a Defendants are being
General rule: Allowance of intervention is defendant among the sued precisely to
discretionary with the court. original parties to the implead them
pending suit
Exception: When the intervenor is an indispensable
party. TIME TO INTERVENE
Intervention is allowed any time before TC renders
FACTORS CONSIDERED IN ALLOWING INTERVENTION judgment. [Rule 19, Sec. 2]
(a) WON intervention will unduly delay or prejudice
the adjudication of the rights of the original REMEDY FOR THE DENIAL OF MOTION TO
parties. INTERVENE
REMEDIES
(b) WON the intervenor's rights may be fully (a) For denial of intervention:
protected in a separate proceeding. (1) Appeal.
(2) Mandamus, if there is GAD.
Carino v Ofilada (1993): The interest must be actual (b) For improper granting of intervention: Certiorari.
and material, direct and immediate; not simply
contingent or expectant.

It must be in the matter in litigation and of such


direct and immediate character that the intervenor Subpoena
will either gain or lose by the direct legal operation
and effect of the judgment. Subpoena is a process issued by court which is
either:
Magsaysay-Labrador v. CA (1989): Interest in the
subject means a direct interest in the cause of action TYPES (AND DEFINITION) OF SUBPOENA [Rule 21,
as pleaded and which would put the intervenor in a Sec. 1]
legal position to litigate a fact alleged in the (a) Subpoena duces tecum
(b) Subpoena ad testificandum

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(c) Exception: Tender not required if subpoena is


BY WHOM ISSUED [Rule 21, Sec. 2] issued by or on behalf of the Republic or an
(a) The court before whom the witness is required to officer/agency thereof.
attend; (d) For subpoena duces tecum, also tender the
(b) The court of the place where the deposition is to reasonable cost of producing the
be taken; books/documents/things demanded.
(c) The officer/body authorized by law to do so in (e) Service must be made so as to allow the witness
connection with investigations conducted by said reasonable time for preparation and travel to the
officer/body; place of attendance
(d) Any SC/CA Justice in any case or investigation
pending within the Philippines. COMPELLING ATTENDANCE OF WITNESSES;
CONTEMPT
FORM AND CONTENTS OF SUBPOENA [Rule 21, PERSONAL APPEARANCE IN COURT [Rule 21, Sec. 7]
Sec. 3] A person present in court before a judicial officer may
(a) Name of court; be required to testify as if he were in attendance
(b) Title of action/investigation; upon a subpoena issued by such court/officer.
(c) Directed to a person whose attendance is
required APPLICATION FOR SUBPOENA TO PRISONER [Rule 21, Sec.
(d) If subpoena duces tecum, a reasonable 2]
description of the books/documents/things (a) The judge/officer shall examine and study the
demanded which must appear to the court prima application carefully to determine WON it is
facie relevant. made for a valid purpose.
(b) However, no prisoner sentenced to death,
Subpoena for depositions [Rule 21, Sec. 5] reclusion perpetua or life imprisonment and who
(a) Proof of service of a notice to take a deposition is is confined in a penal institution shall be brought
sufficient authorization for the issuance of outside for appearance/attendance in any court
subpoena ad testificandum for the persons unless authorized by the SC.
named in the notice.
(b) Issued by the clerk of court of the place in which REMEDY IN CASE OF WITNESS’ FAILURE TO ATTEND
the deposition is to be taken. Upon proof of service of subpoena and of witness’
(c) However, subpoena duces tecum for depositions failure to attend, the court/judge issuing the
cannot be issued without court order. subpoena may issue a warrant to the sheriff to arrest
the witness and bring him before the court/officer
SUBPOENA DUCES TECUM where his attendance is required. [Rule 21, Sec. 8]
Process directed to a person, requiring him to bring
with him any books/documents/things under his The cost of warrant and seizure shall be paid by the
control. (Asked in the 1997 Bar Exam) witness if the court determines that the failure to
attend was willful and without just excuse.
SUBPOENA DUCES TECUM DISTINGUISHED FROM ORDER
FOR PRODUCTION OR INSPECTION Such failure shall be deemed a contempt of the court
See Annex B. which issued the subpoena. [Rule 21, Sec. 9]

SUBPOENA AD TESTIFICANDUM If subpoena was not issued by a court, the


Process directed to a person, requiring him to attend disobedience shall be punished by applicable law or
and to testify at the hearing/trial of an action or at ROC.
any investigation conducted by competent authority,
or for the taking of his deposition. Exception: Arrest warrant and contempt not
applicable to: [Rule 21, Sec. 10]
SERVICE OF SUBPOENA [Rule 21, Sec. 6] (a) A witness who resides more than 100km from his
(a) Same manner as personal or substituted service residence to the place where he is to testify.
of summons. (b) A detention prisoner, if there is no permission
(b) The original shall be exhibited and a copy from the court in which his case is pending.
delivered to person on whom it is served, with
tender of fees for one day’s attendance and QUASHING OF SUBPOENA [Rule 21, Sec. 4]
kilometrage. Upon motion promptly made, at/before the time
specified in the subpoena.

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GROUNDS FOR QUASHING: identity of any persons having knowledge of


Subpoena duces tecum: relevant facts. [Rule 23, sec. 2]
(1) It is unreasonable and oppressive;
(2) The relevancy of the books/documents/ things Uses of deposition pending action
does not appear; Dasmariñas Garments,Inc. v. Reyes (1993):
(3) The person in whose behalf the subpoena is
issued fails to advance the reasonable cost of General Rule: A deposition is not generally supposed
production; to be a substitute for the actual testimony in open
(4) Witness fees and kilometrage were not tendered court of a party or witness. If the witness is available
when subpoena was served. to testify, he should be presented in court to testify.
If available to testify, a party’s or witness’ deposition
Subpoena ad testificandum: is inadmissible in evidence for being hearsay.
(1) That the witness is not bound thereby;
(2) That witness fees and kilometrage were not Exception: [Rule 23, Section 4]
tendered when the subpoena was served. (a) Any deposition may be used by any party for the
purpose of contradicting or impeaching the
Modes of Discovery testimony of deponent as a witness;
(b) The deposition of a party or of any one who at the
DEPOSITIONS PENDING ACTION; DEPOSITIONS time of taking the deposition was an officer,
BEFORE ACTION OR PENDING APPEAL [Rules 23 director, or managing agent of a public or private
and 24] corporation, partnership, or association which is a
party may be used by an adverse party for any
DEPOSITIONS UNDER RULE 23
purpose;
Meaning and purpose of deposition (c) The deposition of a witness, whether or not a
(a) Deposition is chiefly a mode of discovery, the party, may be used by any party for any purpose if
primary function of which is to supplement the the court finds:
pleadings for the purpose of disclosing the real (1) that the witness is dead; or
points of dispute between the parties and (2) that the witness resides at a distance more
affording an adequate factual basis during the than one hundred (100) kilometers from the
preparation for trial. place of trial or hearing, or is out of the
(b) The liberty of a party to avail of such modes of Philippines, unless it appears that his absence
discovery is unrestricted if the matters inquired was procured by the party offering the
into are relevant and not privileged, and the deposition; or
inquiry is made in good faith and within the (3) that the witness is unable to attend to testify
bounds of the law. because of age, sickness, infirmity, or
(c) Limitations would arise if the examination is imprisonment; or
conducted in bad faith; or in such a manner as to (4) that the party offering the deposition has been
annoy, embarrass or oppress the person under unable to procure the attendance of the
examination; or when the inquiry touches upon witness by subpoena; or
the irrelevant or encroaches upon the recognized (5) upon application and notice, that such
domains of privilege. exceptional circumstances exist as to make it
(d) Under certain conditions and for certain limited desirable, in the interest of justice and with
purposes, it may be taken even after trial has due regard to the importance of presenting
commenced and may be used without the the testimony of witnesses orally in open
deponent being actually called to the witness court, to allow the deposition to be used; and
stand. [Jonathan Landoil v Mangudadatu (2006)] (d) If only part of a deposition is offered in evidence
by a party, the adverse party may require him to
Scope of examination introduce all of it which is relevant to the part
Unless otherwise provided by the court, the introduced, and any party may introduce any
deponent may be examined regarding any matter other parts.
not privileged, which is relevant to the pending
action, whether relating to the claim or defense of Before whom taken
any party General Rule: Depositions may be taken before any
(a) including the existence, description, nature, judge, notary public, or the person referred to in
custody, condition and location of any books, section 14 (which refers to any person authorized to
documents, or other tangible things and the administer oaths designated by the parties by
stipulation).

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The attendance of the witnesses may be compelled


Exceptions: In our jurisdiction, depositions in foreign by the use of subpoenas. [Rule 23, Sec. 1]
countries may be taken:
(a) on notice before a secretary of embassy or
legation, consul general, consul, vice consul, or
consular agent of the Republic of the Philippines; The deponent may be examined or cross examined
(b) before such person or officer as may be appointed following the procedures for witnesses in a trial.
by commission or under letters rogatory; or He may be asked questions on direct, cross, re-
(c) before any person authorized to administer oaths direct or re-cross. He has the same rights as a
as stipulated in writing by the parties. witness and may be impeached like a court
witness because Sections 3 to 18 of Rule 132 apply
to deponent. [Rule 23, Sec. 3]
Commission Letters Rogatory

Addressed to whom
Any authority in a A judicial authority in the The officer before whom the deposition is being
foreign country foreign country taken has no authority to rule on objections
authorized therein to interposed during the course of the deposition
take down depositions although any objections shall be noted by him
Rules that govern the deposition upon the deposition. Any evidence that is objected
Rules laid down by the Rules laid down by such to shall still be taken but subject to the objection.
court issuing the foreign judicial authority [Rule 23, Sec. 17]
commission
When issued When may taking of deposition be terminated or its
Preferred over letters Generally resorted to scope limited
rogatory since the when there is difficulty or The court in which the action is pending or the RTC
process is simpler impossibility of obtaining of the place where the deposition is being taken may
(generally, no need to the deposition by order the officer conducting the examination to
resort to diplomatic commission (Regalado) cease from taking the deposition, or may limit the
channels unlike in scope and manner of taking the deposition
letters rogatory)
When: At any time during the taking of the
No deposition shall be taken before a person who is: deposition, on the motion or petition of any party or
[Rule 23, sec. 13] of the deponent
(a) a relative within the sixth degree of consanguinity
or affinity, or Ground: that the examination is being conducted in
(b) employee or counsel of any of the parties, or who bad faith or in such a manner as unreasonably to
is a relative within the same degree, or employee annoy, embarrass or oppress the deponent or party
of such counsel; or [Rule 23, Sec. 18]
(c) who is financially interested in the action.
If the order made terminates the examination, it
Procedure shall be resumed only upon the order of the court in
which the action is pending.
A party desiring to take the deposition of any
person upon oral examination shall give
When may objections to errors and irregularities be
reasonable notice in writing to every party to the
made [Rule 23, sec. 29]
action stating the time and place for taking the
deposition and the name and address of each
Objection When Made
person to be examined. [Rule 23, Sec. 15]
As to notice to Waived, unless written
parties objection is promptly served
After the notice is served, the court may make any upon party giving notice
order for the protection of the parties and the Deposition officer is Waived, unless made before
deponent. [Rule 23, Sec. 16] disqualified the taking of the deposition
or as soon as the
disqualification becomes
known or could be discovered

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Leave of court [Rule 23, Sec. 1]


Objection When Made (a) Leave of court is NOT required after an answer
has been served.
with reasonable certainty (b) It is required before the service of an answer but
Lack of relevance, NOT waived by failure to after jurisdiction has been acquired over the
materiality and make them before or during defendant or over the property subject of the
competence of the the taking of the deposition, action.
deposition to the unless the ground for the (c) Only instance when one always needs leave of court
action objection is one which might before taking depositions: Where the deponent is
have been obviated or in jail.
removed if presented at that
time WRITTEN INTERROGATORIES UNDER RULE 23
Error in the manner Waived, unless reasonable (a) A deposition need not be conducted through an
of taking the objection is made at the oral examination. It may be conducted through
deposition taking of the deposition written interrogatories which shall be served
Error in the form of Waived, unless served in upon every other party.
written writing upon the party (b) The party served may also serve cross-
interrogatories propounding them within the interrogatories upon the party proposing to take
time allowed for serving the deposition within 10 days from service of the
succeeding cross or other written interrogatories. The latter may, within 5
interrogatories and within 3 days serve re-direct interrogatories and within 3
days after service of the last days the other party may serve re-cross
interrogatories interrogatories [Rule 23, Sec. 25]
Error in the manner Waived, unless a motion to (c) Copies of all these interrogatories shall be
of preparing the suppress the deposition or delivered to the officer before whom the
deposition some part thereof is made deposition is taken and who shall take the
with reasonable promptness responses and prepare the record. [Rule 23, Sec.
after such defect is, or with 26]
reasonable diligence might
have been, ascertained People v. Hubert Webb (1999): DEPOSITION, WHEN
AVAILABLE IN CRIMINAL CASES: A deposition, in
Other rules keeping with its nature as a mode of discovery,
Effect of substitution of parties [Rule 23, Sec. 5] should be taken BEFORE AND NOT DURING TRIAL.
(a) Substitution of parties does not affect the right to
use depositions previously taken; In fact, rules on criminal practice - particularly on the
(b) and, when an action has been dismissed and defense of alibi, which is respondent’s main defense in
another action involving the same subject is the criminal proceedings against him in the court
afterward brought between the same parties or below - states that when a person intends to rely on
their representatives or successors in interest, such a defense, that person must move for the taking
(c) all depositions lawfully taken and duly filed in the of the deposition of his witnesses within the time
former action MAY BE USED IN THE LATTER AS provided for filing a pre-trial motion.
IF ORIGINALLY TAKEN THEREFOR.
The use of discovery procedure in criminal cases is
Effect of taking deposition [Rule 23, Sec. 7] directed to the sound discretion of the trial judge.
A party shall not be deemed to make a person his The deposition taking cannot be based nor can it be
own witness for any purpose by taking his deposition. denied on flimsy reasons. Discretion has to be
exercised in a reasonable manner and in consonance
Effect of using deposition [Rule 23, Sec. 8] with the spirit of the law.
General Rule: Introduction in evidence of deposition
or any part thereof for any purpose makes the Dasmariñas Garments v. Reyes (1993): Any deposition
deponent the witness of the party introducing the offered to prove the facts therein at the trial of the
deposition. case, in lieu of actual testimony of the deponent in
court, may be opposed and excluded for being
Exception: if the purpose is to contradict or impeach hearsay save in specific instances under the Rules.
the deponent.

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DEPOSITIONS BEFORE ACTION UNDER RULE 24


ORDER AND EXAMINATION: If the court is
Purpose
satisfied that the perpetuation of the testimony
To perpetuate the testimony of witnesses for
may prevent a failure or delay of justice, it shall
probable use in the event of further proceedings in
make an order designating or describing the
said court.
persons whose deposition may be taken and
specifying the subject matter of the examination
Procedure
and whether the depositions shall be taken upon
oral examination or written interrogatories.
FILE A VERIFIED PETITION IN THE COURT OF
THE PLACE OF THE RESIDENCE OF ANY
EXPECTED ADVERSE PARTY. Note: Procedure for taking deposition by oral
examination or written interrogatories will be
The petition shall be entitled in the name of the governed by Rule 23 on depositions de bene esse.
petitioner and shall show:
(a) that the petitioner expects to be a party to DEPOSITIONS PENDING APPEAL UNDER RULE 24
an action in a court of the Philippines but is J. Regalado believes that the following procedure is
presently unable to bring it or cause it to be applicable to civil and criminal cases.
brought;
(b) the subject matter of the expected action Procedure:
and his interest therein;
DURING THE PENDENCY OF AN APPEAL, the
(c) the facts which he desires to establish by
court in which the judgment was rendered may
the proposed testimony and his reasons for
allow the taking of depositions of witnesses to
desiring to perpetuate it;
perpetuate their testimony in the event of further
(d) the names or a description of the persons he
proceedings in the said court.
expects will be adverse parties and their
addresses so far as known; and
(e) the names and addresses of the persons to
be examined and the substance of the
testimony which he expects to elicit from The party who desires to perpetuate the testimony
each, and shall ask for an order authorizing may make a motion in the said court for leave to
the petitioner to take the depositions of the take the depositions, upon the same notice and
persons to be examined named in the service thereof as if the action was pending
petition for the purpose of perpetuating therein. The motion shall state:
their testimony. (a) the names and addresses of the persons to be
examined and the substance of the testimony
which he expects to elicit from each, and
(b) the reason for perpetuating their testimony.

NOTICE AND SERVICE to each person named in


the petition as an expected adverse party, together
with a copy of the petition, stating that the ORDER ALLOWING THE DEPOSITION: If the court
petitioner will apply to the court, at a time and finds that the perpetuation of the testimony is
place named therein, for the order described in the proper to avoid a failure or delay of justice, it may
petition. make an order allowing the deposition to be taken.

WRITTEN INTERROGATORIES TO ADVERSE


At least twenty (20) days before the date of the PARTIES [Rule 25]
hearing, the court shall cause notice thereof to be
served on the parties and prospective deponents in PURPOSE
the manner provided for service of summons. This mode of discovery is availed of by the party to
the action for the purpose of eliciting material and
relevant facts from any of the adverse party. [Rule
25, Sec. 1]

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PROCEDURE FAILURE TO FILE WRITTEN INTERROGATORIES


(a) By leave of court after jurisdiction has been A party not served with written interrogatories may
obtained over any defendant or over property not be compelled by the adverse party to give
which is the subject of the action, or testimony in open court, or to give a deposition
(b) Without such leave after an answer has been pending appeal, UNLESS allowed by the court for
served, any party desiring to elicit material and good cause shown and to prevent failure of justice.
relevant facts from any adverse parties shall file
and serve upon the latter written interrogatories CONSEQUENCES OF REFUSAL TO ANSWER
to be answered by the party served, or if the party (a) The party serving the interrogatories may apply to
served is a public or private corporation or a the court for an order to compel an answer.
partnership or association, by any officer thereof (b) If court also finds that the refusal to answer was
competent to testify in its behalf. without substantial justification, it may require
the refusing party or deponent or the counsel
Note: Interrogatories under RULE 25 are served advising the refusal, or both of them, TO PAY THE
directly upon the adverse party unlike written PROPONENT THE AMOUNT OF THE
interrogatories under RULE 23 which are delivered to REASONABLE EXPENSES INCURRED IN
the officer before whom the deposition is to be taken. OBTAINING THE ORDER, INCLUDING
ATTORNEY'S FEES [Rule 29, Sec. 1].
ANSWER (c) Refusal to comply with an order of the court to
(a) The interrogatories shall be ANSWERED FULLY compel an answer may be considered
IN WRITING and shall be SIGNED AND SWORN CONTEMPT of that court [Rule 29, Sec. 2]
TO BY THE PERSON MAKING THEM. (d) The subject of discovery shall be DEEMED
(b) The party upon whom the interrogatories have ADMITTED OR ESTABLISHED [Rule 29 Sec. 3(a)].
been served shall file and serve a copy of the (e) The disobedient party shall be prohibited from
answers on the party submitting the introducing CONTRADICTORY EVIDENCE [Rule
interrogatories within fifteen (15) days after 29, Sec. 3(b)]
service thereof unless the court on motion and for (f) STRIKING OUT OF PLEADINGS OR PARTS
good cause shown, extends or shortens the time. THEREOF [Rule 29, Sec. 3(c)]
[Rule 25, Sec. 2] (g) STAYING FURTHER PROCEEDINGS UNTIL THE
ORDER IS OBEYED [Rule 29, Sec. 3(c)]
EFFECT OF OBJECTIONS TO INTERROGATORIES (h) DISMISSING THE ACTION OR PROCEEDING OR
When objections to any interrogatories is presented ANY PART THEREOF [Rule 29, Sec. 3(c)]
to the court within 10 days after service thereof, with (i) RENDERING A JUDGMENT BY DEFAULT
notice as in case of a motion, the answer shall be AGAINST THE DISOBEDIENT PARTY; AND [Rule
deferred until the objections are resolved [Rule 25, 29, Sec. 3(c)]
Sec. 3] (j) In lieu of any of the foregoing orders or in addition
thereto, an order directing the arrest of any party
NUMBER OF INTERROGATORIES or agent of a party for disobeying any of such
No party may, without leave of court, serve more orders [Rule 29, Sec. 3(c)]
than one set of interrogatories to be answered by the
same party. [Rule 23, Sec. 4] REQUEST FOR ADMISSION [Rule 26]
PURPOSE
SCOPE OF INTERROGATORIES (a) To allow one party to request the adverse in
Any matter writing to admit certain material and relevant
(a) not privileged, and matters which most likely will not be disputed
(b) relevant to the subject of the pending action, during the trial.
whether relating to the claim or defense of any (b) To avoid unnecessary inconvenience to the
other party, including the existence, description, parties in going through the rigors of proof,
nature, custody, condition, and location of any before the trial, a party may request the other to:
books, documents, or other tangible things and (1) admit the genuineness of any material and
the identity and location of persons having relevant document described in and exhibited
knowledge of relevant facts. with the request; or
(2) admit the truth of any material and relevant
USE OF INTERROGATORIES matter of fact set forth in the request [Rule 26,
Same as Rule 23, Sec. 4 mutatis mutandis. Sec. 1]

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WHEN MAY REQUEST BE MADE (a) good cause shown and


At any time after issues have been joined. (b) to prevent a failure of justice,
a party who fails to file and serve a request for
Duque v. CA (2002): The request for admission MUST admission on the adverse party of material and
BE SERVED ON THE PARTY and NOT ON THE relevant facts at issue which ARE, OR OUGHT TO BE,
COUNSEL. This is an exception to the general rule WITHIN THE PERSONAL KNOWLEDGE OF THE
that notices shall be served upon counsel and not LATTER [Rule 26, Sec. 5]
upon the party.
PRODUCTION OR INSPECTION OF DOCUMENTS
IMPLIED ADMISSION BY ADVERSE PARTY
OR THINGS [Rule 27]
EACH OF THE MATTERS OF WHICH AN ADMISSION
PROCEDURE
IS REQUESTED SHALL BE DEEMED ADMITTED
unless, A motion must be filed by the party seeking the
(a) within a period designated in the request, which production or inspection of documents and things
shall not be less than 15 days after service and the motion must show good cause supporting
thereof, or within such further time as the court the same. [Rule 27, Sec. 1]
may allow on motion,
(b) the party to whom the request is directed files
and serves upon the party requesting the
admission a SWORN STATEMENT either The court in which the action is pending shall issue
(1) denying specifically the matters of which an an order:
admission is requested, or (a) which shall specify the time, place and manner
(2) setting forth in detail the reasons why he of making the inspection and taking copies and
cannot truthfully either admit or deny those photographs, and
matters. (b) which may prescribe such terms and conditions
as are just. [Rule 27, Sec. 1]
DEFERMENT OF COMPLIANCE
To avoid the implied admission, the party requested
WHAT THE COURT MAY ORDER
may have the compliance of the filing and service of
(a) To PRODUCE and PERMIT THE INSPECTION and
the sworn statement be deferred by filing with court
copying or photographing, by or on behalf of the
objections to the request for admission.
moving party, of any documents, papers, books,
accounts, letters, photographs, objects or
Compliance shall be deferred until such objections
tangible things, not privileged, which constitute or
are resolved by the court. [Rule 26, Sec. 2 par. 2]
contain evidence material to any matter involved
in the action and which are in the possession,
EFFECT OF ADMISSION
custody or control of the party to whom the order
Any admission made by a party pursuant to such
is addressed.
request is for the purpose of the pending action only
(b) To PERMIT ENTRY upon designated land or other
and shall not constitute an admission by him for any
property in the position or control of the party to
other purpose nor may the same be used against
whom the order is addressed for the purpose of
him in any other proceeding. [Rule 26, Sec. 3]
inspecting, measuring, surveying, or
photographing the property or any designated
WITHDRAWAL
relevant object or operation thereon. [Rule 27,
The court may allow the party making an admission,
Sec. 1]
whether express or implied under the Rule to
withdraw or amend it upon such terms as may be
Note: This mode of discovery does not mean that the
just.
person who is required to produce the document or
the thing will be deprived of its possession even
The admitting party must file a motion to be relieved
temporarily. It is enough that the requesting party be
of the effects of his admissions.
given the opportunity to inspect or copy or
photograph the document or take a look at the
EFFECT OF FAILURE TO FILE AND SERVE REQUEST FOR
thing. (Regalado) (Asked in the 2002 Bar Exam)
ADMISSION
General rule: The party who fails to file a request shall
not be permitted to present evidence on such facts.

Exception: Unless otherwise allowed by the court for:

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PHYSICAL AND MENTAL EXAMINATION OF CONSEQUENCES OF REFUSAL TO COMPLY WITH


PERSONS [Rule 28] MODES OF DISCOVERY
See Annex C.
MOTION REQUESTING EXAMINATION
Requisites
(a) The physical or mental condition of a party (NOT
A WITNESS!) is in controversy
(b) Motion must be filed showing good cause Trial
(c) Notice given to the party to be examined and to
all other parties TRIAL, DEFINED
(d) Notice must specify the time, place, manner, A trial is the judicial process of investigating and
conditions and scope of examination determining the legal controversies, starting with the
(e) Notice must also specify person/s who will make production of evidence by the plaintiff and ending
the examination with his closing arguments [Acosta v. People (1962)].

COURT TO ISSUE THE ORDER FOR EXAMINATION IN ITS A hearing is a broader term. It is not confined to the
DISCRETION. trial and presentation of the evidence because it
actually embraces several stages in the litigation. It
REPORT OF FINDINGS includes the pre-trial and the determination of
(a) If requested by the party examined, the party granting or denying a motion. [Trocio v. Labayo
causing the examination to be made shall deliver (1973)]
to him a copy of a detailed written report of the
examining physician setting out his findings and NOTICE OF TRIAL [Rule 30, Sec. 1]
conclusions. Upon entry of a case in the trial calendar, the clerk
(b) After such request and delivery, the party causing shall notify parties the date of its trial, ensuring
the examination to be made shall be entitled receipt of the notice at least 5 days before the trial
upon request to receive from the party examined date.
a like report of any examination, previously or
thereafter made, of the same mental or physical ADJOURNMENTS AND POSTPONEMENTS [Rule
condition. 30, Sec. 2]
(c) If the party examined refuses to deliver such General rule: The court may adjourn a trial from day
report, the court on motion and notice may make to day to any stated time, as the expeditious and
an order requiring delivery on such terms as are convenient transaction of business may require.
just
(d) If it is the physician who fails or refuses to make Exception: Court may not adjourn for longer than 1
such a report the court may exclude his testimony month for each adjournment, nor more than 3
if offered at the trial. [Rule 28, Sec. 3] months in all.

WAIVER OR PRIVILEGE Exception to exception: When authorized in writing by


By requesting and obtaining a report of the the SC Court Administrator.
examination so ordered or by taking the deposition
of the examiner, the party examined waives any Note: Postponement is not a matter of right. It is
privilege he may have in that action or any other addressed to the sound discretion of the court.
involving the same controversy, regarding the [Riano, citing Garces v Valenzuela (1989)]
testimony of every other person who has examined
or may thereafter examine him in respect of the REQUISITES OF MOTION TO POSTPONE TRIAL
same mental or physical examination. (a) for absence of evidence
(b) for illness of party or counsel
PHYSICIAN-PATIENT PRIVILEGE
(a) Inapplicable because the results of the Ground for
examination are intended to be made public. postponement Requisite for motion to postpone
(b) Such examination is not necessary to treat or cure of trial
the patient but to assess the extent of injury or to
evaluate his physic al or mental condition.

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Ground for 3rd-party defendant (if any) shall adduce evidence


postponement Requisite for motion to postpone of his defense, counterclaim, cross-claim and 4th-
of trial party complaint;
For absence of Affidavit showing:
evidence [Rule (a) The materiality/relevancy of
30, Sec. 3] such evidence;
(b) That due diligence has been 4th-party (and so forth) shall adduce evidence of
used to procure the evidence the material facts pleaded by them;

But if the adverse party admits


the facts to be given in evidence, Parties whom any counterclaim or cross-claim has
trial shall not be postponed even been pleaded, shall adduce evidence in support of
if he objects or reserves the right their defense, in the order prescribed by the court.
to object to their admissibility.
For illness of Affidavit or sworn certification:
party/counsel (a) That the presence of such Parties may respectively adduce rebutting
[Rule 30, Sec. 4] party/counsel at the trial is evidence only.
indispensable;
(b) That the character of his Exception: When the court permits them to adduce
illness is such as to render his evidence upon their original case, for good reasons
non-attendance excusable. and in furtherance of justice.

SUBPOENA
See separate part for Subpoena BUT please take note Upon admission of evidence, the case shall be
that Subpoenas are issued within the context of a Trial deemed submitted for decision, unless the court
and taking depositions under Modes of Discovery. directs the parties to argue or to submit their
respective memoranda or any further pleadings.
AGREED STATEMENT OF FACTS [Rule 30, Sec. 6]
(a) Parties may agree in writing upon the facts
involved in the litigation, and submit the case for If several defendants or 3rd-party defendants having
judgment without introduction of evidence. separate defenses appear by different counsel, the
(b) If the parties agree to only some of the facts in court shall determine the relative order of
issue, trial shall be held as to the disputed facts in presentation of their evidence.
such order as the court shall prescribe.
CONSOLIDATION OR SEVERANCE OF HEARING
ORDER OF TRIAL; REVERSAL OF ORDER OR TRIAL
CONDUCT OF TRIAL [Rule 30, Sec. 5] CONSOLIDATION OF TRIAL [Rule 31, Sec. 1]
General rule: Trial shall be limited to the issues stated When actions involving common question of law/fact
in the pre-trial order. are pending before the court, it may:
(a) Order a joint hearing/trial of any/all the matters
Exception: in issue in the actions;
(a) Provisions on separate trials in Rule 31, Sec. 2 (b) Order all the actions consolidated;
(b) When for special reasons the court directs (c) Make such orders concerning the proceedings as
otherwise. to avoid unnecessary costs or delay.

GENERAL ORDER OF TRIAL Where a case has been partially tried before one
Plaintiff shall adduce evidence in support of his judge, the consolidation of the same with another
claim; related case pending before another judge who had
no opportunity to observe the demeanor of the
witness during trial makes the consolidation not
mandatory. [PCGG v. Sandiganbayan (1992)]
Defendant shall adduce evidence in support of his
defense, counterclaim, cross-claim and 3rd-party SEVERANCE OF TRIAL [Rule 31, Sec. 2]
complaint; The court may issue separate trials for convenience
or to avoid prejudice:
(a) Of any claim, cross-claim, counterclaim or 3rd-
party complaint;

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(b) Of any separate issue; MEETING: The commissioner shall set a time/place
(c) Of any number of claims, cross-claims, for the first meeting and shall notify
counterclaims, 3rd-party complaints or issues. parties/counsels.

STATEMENT OF JUDGE [Rule 30, Sec. 7] REPORT: Upon completion of the trial/hearing, the
During the hearing/trial of the case, any statement commissioner shall file a written report with the
made by the judge shall be made of record in the court.
TSN if made with reference to the
case/parties/witnesses/ counsels. NOTICE: The clerk shall notify parties of the filing of
the report. The parties have 10 days to object to the
SUSPENSION OF ACTIONS [Rule 30, Sec. 8] report’s findings.
Governed by the CC provisions
HEARING: After the 10 days, the report shall be set
for hearing. The court may issue an order
DELEGATION OF RECEPTION OF EVIDENCE [Rule adopting/modifying/rejecting the report or part of it.
30, Sec. 9]
When parties stipulate that the Commissioner's
General rule: The judge of the court where the case is findings of fact are final, only questions of law shall
pending shall personally receive the evidence to be thereafter be considered.
adduced by the parties.
POWERS OF THE COMMISSIONER [Rule 32, Sec. 3]
Exception: The court may delegate the reception of When a reference is made, the clerk shall forthwith
evidence to its clerk of court who is a member of the furnish the commissioner with a copy of the order of
bar in: reference. The order may:
(a) Default hearings; (a) Specify/limit the commissioner’s power
(b) Ex parte hearings; (b) Direct him to report only upon particular issues,
(c) Cases where parties agree in writing. to do/perform particular acts, or direct him to
receive and report evidence only
However, the clerk of court has no power to rule on (c) May fix the date for beginning and closing the
objections to any question/admission of exhibits. hearings and for the filing of his report.

Objections shall be resolved by the court upon Powers of the Commissioner:


submission of the clerk’s report and TSN within 10 (a) Regulate the proceedings in every hearing before
days from termination of the hearing. him [subject to other specifications & limitations
in the order]
TRIAL BY COMMISSIONERS (b) Power to do all acts and take all measures
COMMISSIONER – Includes a referee, an auditor or necessary or proper for the efficient performance
an examiner. [Rule 32, Sec. 1] of his duties under the order [subject to other
specifications & limitations in the order]
KINDS OF TRIAL BY COMMISSIONER [Rule 32, Secs. 1 & 2] (c) He may issue subpoenas and subpoenas duces
(a) Reference by consent of both parties. tecum, swear witnesses.
(b) Reference ordered on motion when: (d) He may rule upon the admissibility of evidence,
(1) Trial of an issue of fact requires the unless otherwise provided in the order of
examination of a long account on either side reference.
(2) Taking of an account is necessary for the
court’s information before judgment, or for The trial or hearing before him shall proceed in all
carrying judgment/order into effect. respects as it would if held before the court.
(3) A question of fact, other than upon the
pleadings, arises in any stage of a case or for COMMISSIONER’S REPORT; NOTICE TO PARTIES AND
carrying a judgment/order into effect. HEARING ON THE REPORT
Report of commissioner [Rule 32, Sec. 9]
REFERENCE BY CONSENT OR ORDERED ON MOTION Upon the completion of the trial or hearing or
Order of reference [Rule 32, Sec. 2 to 12] proceeding before the commissioner, he shall file
ORDER OF REFERENCE: When a reference is made, with the court his report in writing upon the matters
the clerk shall furnish the commissioner with a copy submitted to him by the order of reference.
of the order of reference.

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When his powers are not specified or limited, he shall


set forth his findings of fact and conclusions of law in Grant of demurrer Denial of demurrer
his report.
The case shall be The defendant shall have
He shall attach thereto all exhibits, affidavits, dismissed the right to present
depositions, papers and the transcript, if any, of the evidence
testimonial evidence presented before him.
The court should set the
Notice to parties of the filing of report [Rule 32, Sec. date for the reception of
10] the defendant’s
Upon the filing of the report, the parties shall be evidence-in-chief
notified by the clerk, and they shall be allowed 10 [Northwest Airlines v. CA
days within which to signify grounds of objections to (1998)]
the findings of the report, if they so desire. Plaintiff's remedy would xxx
be to appeal.
Objections to the report based upon grounds which
were available to the parties during the proceedings However, if the order
before the commissioner, other than objections to granting the demurrer is
the findings and conclusions therein, set forth, shall reversed on appeal, the
not be considered by the court unless they were defendant loses his right
made before the commissioner. to present evidence.
[Rule 33, Sec 1; Republic
Hearing on the report [Rule 32, Sec. 11] v. Tuvera (2007)]
Upon the expiration of the 10-day period in Rule 32,
Sec. 10, the report shall be set for HEARING. The appellate court
should render judgment
After which the court shall issue an ORDER: on the basis of the
(a) Adopting (in whole or in part), evidence submitted by
(b) Modifying (in whole or in part) the plaintiff.
(c) Rejecting the report (in whole or in part), [Radiowealth Finance v.
(d) Recommitting the report with instructions, or Del Rosario (2000)]
(e) Requiring the parties to present further evidence Equivalent to judgment An interlocutory order
before the commissioner or the court. (i.e. based on the merits and not appealable.
of the evidence However, it may be the
presented so far) subject of a petition for
certiorari for GAD under
Demurrer to Evidence Rule 65 [Katigbak v.
Sandiganbayan (2003)]
GROUND
DEFINITION: A species of MTD that may be invoked MTD Demurrer
based on insufficiency of evidence (i.e. upon the facts
and the law the plaintiff has shown no right to relief). When to File
[Rule 33, Sec. 1]
Before the service and After the plaintiff rests
filing of the answer his case
It is invoked after the plaintiff has presented all the
Ground
evidence available to him.
Those enumerated in Only ground: The
Rule 16 plaintiff has shown no
EFFECT OF DENIAL; EFFECT OF GRANT
right to relief (i.e.
evidence is insufficient)
Grant of demurrer Denial of demurrer
Effect
If a MTD is granted,
the complaint is
likewise dismissed.
But, depending on the
ground, the complaint
may be re-filed

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(c) Parties must have been given an opportunity to


MTD Demurrer adduce evidence in their behalf;
(d) Evidence must have been considered by the
tribunal in deciding the case; [Acosta v. COMELEC
If the MTD is denied, (1998)]
the defendant shall file (e) Judgment must be in writing, personally and
his responsive directly prepared by the judge;
pleading (f) Note: A verbal judgment is, under the law,
ineffective. [Corpus v. Sandiganbayan (2004)]
WAIVER OF RIGHT TO PRESENT EVIDENCE (g) Judgment must state clearly the facts and the
If the order granting the demurrer is reversed on law upon which the decision is based, signed by
appeal, the defendant loses his right to present the judge and filed with the clerk of court. [Rule
evidence. [Rule 33, Sec .1; Republic v. Tuvera (2007)] 35, Sec. 1]

DEMURRER TO EVIDENCE IN A CIVIL CASE V. A decision need not be a complete recital of the
DEMURRER TO EVIDENCE IN A CRIMINAL CASE evidence presented. So long as the factual and legal
bases are distinctly and clearly set forth, the
DIFFERENCES BETWEEN DEMURRER IN CIVIL AND judgment is valid. [People v. Baring (2002)]
CRIMINAL CASES (Asked in the 2003 and 2007 Bar
Exams) KINDS OF JUDGMENT
Demurrer in civil cases Demurrer in criminal (1) JUDGMENT UPON COMPROMISE - It is one
cases conferred on the basis of a compromise
Defendant need not ask May be filed with or agreement entered into between the parties. It is
for leave of court without leave of court. immediately executory in the absence of a motion
to set aside on the ground of FAME.
Note: Leave of court is
necessary so that the (2) JUDGMENT UPON CONFESSION - It is one
accused can present his rendered by the court when a party expressly
evidence in case the agrees to the other party’s claim or acknowledges
demurrer is denied [Rule the validity of the claim against him.
119, Sec. 23]
If the demurrer is The order of dismissal is
granted, the order of not appealable because Judgment upon Judgment by confession
dismissal is appealable it will constitute double compromise
jeopardy
If a demurrer is denied, The accused may adduce The provisions and terms An affirmative and
the defendant may his evidence only if the are settled by the parties voluntary act of the
proceed to present his demurrer is field with to the action. The defendant himself. The
evidence leave of court judgment is entered in court exercises a certain
the record by consent of amount of supervision
the court. over the entry of
Judgments and Final Orders judgment.

Kinds of judgment by confession:


JUDGMENT (a) JUDGMENT BY COGNOVIT ACTIONEM – After
The final ruling by a court of competent jurisdiction service, the defendant, instead of entering a plea,
regarding the rights and obligations of the parties or acknowledged and confessed that the plaintiff’s
other matters submitted to it in an cause of action was just and rightful.
action/proceeding [Macahilig v. Heirs of Magalit (b) JUDGMENT BY CONFESSION RELICTA
(2000)] VERIFICATIONE – After pleading and before trial,
the defendant both: (a) confessed the plaintiff’s
REQUISITES OF A VALID JUDGMENT [Rule 36, Sec. 1; Art. cause of action and (b) withdrew his plea or other
8, Sec. 14, 1987 Constitution] [AJOEWS] allegations, whereupon judgment was entered
(a) Court/tribunal must be with authority to hear and against him without proceeding to trial.
determine the matter before it;
(b) Court must have jurisdiction over the parties and Remedy against judgment by consent, confession
the subject matter; or compromise is to first file a motion to set it

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aside; if denied, file the appropriate petition may stay its enforcement until rendition of
under Rule 65. subsequent judgments, and may prescribe
conditions to secure the judgment’s benefits.
(3) JUDGMENT UPON THE MERITS - It is one that is
rendered after consideration of the evidence Judgment may be given for/against one or more
submitted by the parties during the trial of the of several plaintiffs/defendants. The court may
case. A judgment is “on the merits” when it require the parties on each side to file adversary
amounts to a legal declaration of the respective pleadings as between themselves. [Rule 36, Sec.
rights and duties of the parties, based upon the 3]
disclosed facts
If judgment is rendered against 2 or more
(4) CLARIFICATORY JUDGMENT - It is rendered to persons sued as an entity without juridical
clarify an ambiguous judgment or one difficult personality, the judgment shall set out their
to comply with. individual names (if known). [Rule 36, Sec. 6]

(5) JUDGMENT NUNC PRO TUNC - Literally, “now (10) PROMULGATION - The process by which a
for then”. It is a judgment intended to enter into decision is published, officially announced,
the record the acts which had already been made known to the public or delivered to the
done, but which do not appear in the records. clerk of court for filing, coupled with notice to
[Lichauco v. Tan Pho (1923)] the parties or their counsel.

(6) JUDGMENT SIN PERJUICIO - It may refer to a (11) MEMORANDUM DECISION - A decision of the
dismissal of a case without prejudice to it being appellate court which adopts the findings and
re-filed. conclusions of the TC.
(a) A judgment is considered rendered upon the
(7) CONDITIONAL JUDGMENT - It is one the filing of the signed decision.
effectivity of which depends upon the occurrence (b) This includes an amended decision because
or non-occurrence of an event. Such a judgment an amended decision is a distinct and
is generally void because of the absence of a separate judgment and must follow the
disposition [Cu-Unjieng v. Mabalacat Sugar Co. established procedural rule.
(1940)]
JUDGMENT WITHOUT TRIAL
(8) SEVERAL JUDGMENT - It is one rendered by a WHEN TRIAL IS NOT NECESSARY – PSADSA (Asked in the
court against one or more defendants and not 1996 Bar Exams) [Riano]
against all of them, leaving the action to (a) The pleadings of the parties tender no issue at all
proceed against the others. [Rule 36, Sec. 4] It is – judgment on the pleadings may be directed by
proper when the liability of each party is clearly the court [Rule 34]
separate and distinct from his co-parties such (b) There is actually no genuine issue from the
that the claims against each of them could have pleadings, affidavits, depositions and other
been the subject of separate suits, and the papers – court may render a summary judgment
judgment for or against one of them will not [Rule 35]
necessarily affect the other. (c) Parties entered into a compromise or an amicable
settlement either during the pre-trial or during
(9) SEPARATE JUDGMENT - It is one rendered the trial [Rule 18; Art. 2028 Civil Code]
disposing of a claim among several others (d) Complaint has been dismissed with prejudice
presented in a case, after a determination of the [Rule 16, Sec. 5; Rule 17, Sec. 3; Rule 7, Sec. 5 (last
issues material to a particular claim and all par.)]
counterclaims arising out of the transaction or (e) Case falls under the Rules on Summary
occurrence that is the subject matter of said Procedure
claim. [Rule 36, Sec. 5] It is proper when more (f) Agreed statement of facts [Rule 30, Sec. 6]
than one claim for relief is presented in an action
for the determination as to the issues material to CONTENTS OF A JUDGMENT
the claim has been made. PARTS OF A JUDGMENT
(a) Body, Ratio decidendi, or Opinion of the court – It
The judgment shall terminate the action with contains the findings of facts and conclusions of
respect to the claims disposed of, and shall law;
proceed as to the remaining claims. The court

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(b) Fallo, or Disposition of the case – It is the (b) Admits the material allegations of the adverse
dispositive part of the judgment that actually party’s pleading.
settles and declares the rights and obligations of
the parties, finally, definitively, and authoritatively CANNOT BE RENDERED MOTU PROPRIO
[Light Rail Transit Authority v. CA] (2004); The A judgment on the pleadings can be done only upon
part of the judgment that is subject to execution MOTION to that effect filed by the appropriate party.
[Riano] It cannot be rendered by the court motu proprio.
(c) Signature of the judge.
Exception: If at pre-trial the court finds that a
DISTINCTION BETWEEN JUDGMENT AND OPINION OF THE judgment on the pleadings is proper, it may render
COURT (ASKED IN THE 2006 BAR EXAM) such judgment motu proprio. [Rule 18, Sec. 2(g)]
(a) A judgment (or FALLO) must be distinguished
from an opinion. WHEN JUDGMENT ON THE PLEADINGS WILL NOT APPLY
(b) The latter is the informal expression of the views (a) Declaration of nullity of marriage;
of the court and cannot prevail against its final (b) Annulment of marriage;
order or decision. (c) Legal separation.
(c) While the two may be combined in one
instrument, the opinion forms no part of the Effect: judgment on the pleadings will not lie and
judgment. material facts alleged in the complaint must always
(d) So there is a distinction between the findings and be proved
conclusions of a court and its judgment.
(e) While they may constitute its decision and EFFECTS
amount to a rendition of a judgment they are not (a) By moving for judgment on the pleadings, the
the judgment itself. plaintiff waives his claim for unliquidated
(f) They amount to nothing more than an order for damages (because claims for such damages
judgment, which, of course, must be must be alleged and proved).
distinguished from the judgment. [Freeman on (b) One who prays for the judgment on the pleadings
Judgments, Vol. I, 5th Edition, page 6, quoted in without offering proof as to the truth of his own
Casilan v. Salcedo (1969)] allegations and without giving the opposing party
an opportunity to introduce evidence must be
CONFLICT BETWEEN THE DISPOSITIVE PORTION AND BODY understood to admit all material and relevant
OF THE DECISION allegations of the opposing party and to rest his
Rule: Where there is a conflict between the fallo and motion for judgment upon those allegations
the body of the decision, the fallo controls. taken together with such of his own as are
admitted in the pleadings. [Falcasantos v. How
Qualification: This rule applies only when the Suy Ching (1952)]
dispositive part is definite, clear, and unequivocal
[Union Bank v. Pacific Equipment Corporation (2008)] SUMMARY JUDGMENTS [Rule 35] (Asked in the
1986, 1989, 1996 and 1999 Bar Exams)
Basis: The fallo is the final order. The opinion in the
body is merely a statement ordering nothing [Poland DEFINITION, NATURE
Industrial Limited v. National Development Company A judgment granted by the court for the prompt
(2005)] disposition of civil actions, if it clearly appears (after
the issues had been joined and on the basis of the
JUDGMENT ON THE PLEADINGS [Rule 34] (Asked pleadings and papers filed) that there exists no
in the 1999 and 2005 Bar Exams) genuine issue/controversy as to any material fact,
except as to the amount of damages. [Ley
GROUNDS: Construction v. Union Bank (2000); Agbada v Inter-
If the answer either Urban Developers (2002); Raboca v. Velez (2000)]
(a) Fails to tender an issue;
Note: An answer fails to tender an issue due to Also called accelerated judgment.
either:
(1) General denial of the material allegations of GENUINE ISSUE
the complaint; (a) An issue of fact which calls for the presentation of
(2) Insufficient denial of the material allegations evidence; as distinguished from an issue which is
of the compliant. sham, fictitious, contrived and patently

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insubstantial so as not to constitute a genuine (d) Answers to interrogatories. (Rule 25)


issue for trial.
(b) When the facts as pleaded appear uncontested or WHEN THE CASE NOT FULLY ADJUDICATED
undisputed, then there is no real/genuine issue Partial summary judgment (Asked in the 2004 Bar
as to the facts. Exam)
(c) The TC cannot motu propio issue a summary Applies when for some reason there can be no full
judgment. A party must move for summary summary judgment. Trial should deal only with the
judgment. [Riano] facts not yet specified or established.

PROCEDURE [Rule 35, Sec. 3] Duty of Court [Rule 35, Sec. 4]


Movant files a motion for summary judgment with (a) Ascertain what material facts exist without
supporting affidavits, depositions or admission substantial controversy and what are actually and
in good faith controverted based on:
(1) An examination of the pleadings and evidence
before it
Service to the adverse party at least 10 days the
(2) Interrogation of the counsel
hearing
(b) Make an order specifying the facts and the extent
of the amount of damages that appear without
substantial controversy
Adverse party may serve opposing affidavits, (c) Direct further proceedings as are just
depositions or admissions at least 3 days before the (d) Conduct trial on the controverted facts
hearing accordingly

Effect
A partial summary judgment is not a final judgment,
Hearing – Court shall determine if a genuine issue but merely a pre-trial adjudication that said issues in
as to any material fact exists and if the movant is the case shall be deemed established for the trial of
entitled to a summary judgment as a matter of law the case. [Guevarra v. CA (1983)]

AFFIDAVITS AND ATTACHMENTS


Judgment Form of affidavits and supporting papers [Rule 35,
Sec. 5]
(a) Made on personal knowledge
FOR THE CLAIMANT [Rule 35, Sec. 1] (b) Shall set forth such facts as would be admissible
in evidence
FOR THE DEFENDANT [Rule 35, Sec. 2] (c) Shall show affirmatively that the affiant is
competent to testify to the matters stated
therein.
Who may file the When
motion Attachments [Rule 35, Sec. 5]
Certified true copies of all papers or parts thereof
Claimant May file the motion only after referred to in the affidavit shall be attached thereto
the answer has been served OR served therewith.
Defendant May file the motion any time
Affidavits in bad faith [Rule 35, Sec. 5]
Filing of a motion for summary judgment does not Definition – Affidavits presented under this Rule
interrupt the running of the period for filing an which appear to the court at any time as presented in
answer. Hence, the movant must also file a Motion bad faith or solely for the purpose of delay
for Extension of Time to File Answer.
Effects:
Bases of summary judgment: When, upon the (a) Court shall order the offending party or counsel
following, no genuine issue as to any material fact to pay the other party – amount of reasonable
exists: expenses which the filing of the affidavits caused
(a) Affidavits made on personal knowledge; him to incur, including attorney’s fees
(b) Depositions of the adverse or a 3rd party; (Rule (b) Court may adjudge the offending party or counsel
23) guilty of contempt, after hearing
(c) Admissions of the adverse party; (Rule 26)

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JUDGMENT ON THE PLEADINGS VERSUS


SUMMARY JUDGMENTS PERIOD WITHIN WHICH DECISION IS TO BE RENDERED [1987
Summary Judgment on Judgment by Constitution, Art. VIII, Sec. 15]
judgment the pleadings default (a) All cases filed must be decided or resolved by the
Based on the Based solely Based on the Supreme Court within 24 months from the date
pleadings, upon the complaint and of their submission for decision.
depositions, pleadings evidence, if court (b) Unless reduced by the SC, within 12 months for
admissions requires its lower collegiate courts and within 3 months for
and affidavits presentation all other lower courts.
There is no The answer No issues as no A case is deemed submitted for resolution upon the
genuine issue fails to tender answer is filed by filing of the last pleading, brief or memorandum
between the an issue or the defending required by the Rules of Court or by the court.
parties there is an party
admission of An extension of the period may be set by the SC
the material upon request by the judge concerned on account of
allegations heavy caseload or by other reasonable excuse [Arap v
Available to Generally Available to the Mustafa (2002)]
both plaintiff available only plaintiff alone
and defendant to the INTERPRETATION OF THE JUDGMENT
plaintiff, Where the judgment is difficult to execute because of
unless the ambiguity in its terms, the remedy of the party is to
defendant file a motion for clarificatory judgment and not to
presents a assail the judgment as void. [Poland Industrial
counterclaim Limited v National Development Company (2005)]
10-day notice 3-day notice 3-day notice rule
required required applies ENTRY OF JUDGMENT AND FINAL ORDER
May be On the merits On the merits DEFINITION OF ENTRY OF JUDGMENT
interlocutory or The entry of judgment refers to the physical act
on the merits performed by the clerk of court in entering the
Usually Available in Available in any dispositive portion of the judgment in the book of
available in any action, action, except entries of judgment after the same has become final
actions to except annulment of and executory. [Riano]
recover a debt, annulment of marriage or legal
or for a marriage or separation cases
liquidated sum legal Rendition of judgment Entry of judgment
of money, or separation
for declaratory cases Filing of the judgment
relief with the clerk of court Act of clerk of court in
entering the dispositive
RENDITION OF JUDGMENTS AND FINAL ORDERS portion of the judgment
FORM OF JUDGMENT [Rule 36, Sec. 1] in the book of entries of
(a) In writing judgment
(b) Personally and directly prepared by the judge
(c) Stating clearly & distinctly the facts and the law ENTRY OF JUDGMENTS AND FINAL ORDERS [Rule 36, Sec.
on which it is based 2]
(d) Signed by the judged If there is no appeal/MNT/MFR filed within the
(e) Filed with the clerk of court. prescribed periods, the clerk of court shall enter the
judgment or final order in the book of entries of
DEFINITION OF RENDITION OF JUDGMENT judgments.
It is the filing of the judgment with the clerk of court. It
is not the pronouncement of the judgment in open Date of finality of the judgment = Date of its entry in
court that constitutes the rendition. Even if the the book
judgment has already been put in writing and
signed, it is still subject to amendment if it has not Note: the periods for filing the following pleadings
yet been filed with the clerk of court and before its are reckoned from the date of entry of judgment
filing does not yet constitute the real judgment of the (a) Execution of a judgment by motion (5 years from
court. [Ago v. CA (1962)] entry) [Rule 39, Sec. 6]

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(b) Petition for relief (as one of its periods, not more Rule 65. It does not apply to cases that fall under
than 6 months from entry of the judgment or Summary Procedure.
final order) [Rule 38, Sec. 3]
GROUNDS
The record: Rule 37, Sec.1. Grounds of and period for filing motion
(a) Shall contain the judgment’s dispositive part for new trial or reconsideration.—Within the period for
(b) Shall be signed by the clerk of court with a taking an appeal, the aggrieved party may move the
certificate that the judgment has become final trial court to set aside the judgment or final order
and executory. and grant a new trial for one or more of the following
causes materially affecting the substantial rights of
AMENDMENTS TO JUDGMENT (Asked in the 2008 Bar said party:
Exams) (a) Fraud, accident, mistake or excusable negligence
The power to amend judgments is inherent to the which ordinary prudence could not have guarded
court before judgment becomes final and executory. against and by reason of which such aggrieved
party has probably been impaired in his rights; or
General rule: The court cannot amend the judgment (b) Newly discovered evidence, which could not, with
once it has become final and executory. reasonable diligence, have discovered and
produced at the trial, and which if presented
Exception: would probably alter the result.
(a) To make corrections of clerical errors, not
substantial amendments, as by an amendment Within the same period, the aggrieved party may
non pro tunc; also move for reconsideration upon the grounds that
(b) To clarify an ambiguity which is borne out by and the damages awarded are excessive, that the
justifiable in the context of the decision; evidence is insufficient to justify the decision or final
(c) In judgments for support, which can always be order, or that the decision or final order is contrary
amended from time to time. law.
Amended/clarified Supplemental decision Grounds for a motion for reconsideration
judgment (a) The evidence is insufficient to justify the decision;
An entirely new decision Does not take the place (b) The damages awarded are excessive;
and supersedes the of or extinguish the (c) The decision or final order is contrary to law.
original judgment original judgment
Court makes a thorough Serves to add to the Form and content of a motion for reconsideration
study of the original original judgment Motion for reconsideration must be in writing, a
judgment and renders written notice of which must be served on the adverse
the amended and party.
clarified judgment only
after considering all the It is not sufficient to mention the ground relied upon.
factual and legal issues It is necessary for the motion for reconsideration to
point out specifically the findings or conclusions of the
judgment or final order which are not supported by the
evidence or which are contrary to law, making express
Post-Judgment Remedies reference to the testimonial or documentary
evidence or to the provisions of law alleged to be
contrary to such findings or conclusions.
REMEDIES BEFORE FINALITY OF JUDGMENT
(a) Motion for Reconsideration
Non-compliance with this requirement would reduce
(b) Motion for New Trial
the motion to a mere pro forma motion, which shall
(c) Appeal
not toll the period for appeal.
MOTION FOR NEW TRIAL OR RECONSIDERATION
Grounds for motion for new trial
MOTION FOR RECONSIDERATION
The aggrieved party may move the trial court to set
A motion for reconsideration under Rule 37 is
aside the judgment or final order and grant a new
directed against a judgment or final order. It is not
trial for one or more of the following causes
the motion for reconsideration of interlocutory order,
materially affecting the substantial rights of the said
which often precedes a petition for certiorari under
party:

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(a) FAME (Extrinsic Fraud, Accident, Mistake or appealed from. The 15-day period is deemed to
Excusable Negligence) which ordinary prudence commence upon receipt by the counsel of record,
could not have guarded against and by reason of which is considered notice to the parties. Service
which the aggrieved party has probably been upon the parties themselves is prohibited and is not
impaired in his rights. considered as official receipt of judgment.
(1) The motion shall be supported by affidavits of
merit. Non-compliance with this requirement No motion for extension of time shall be allowed.
would reduce the motion to a mere pro forma Where a record on appeal is required, the appellant
motion. shall file:
(2) The affidavits of merit must show the facts (a) a notice of appeal, and
(not mere conclusions or opinions) (b) record on appeal within 30 days from notice of
constituting the valid cause of action or the judgment or final order.
defense which the movant may prove in case a
new trial is granted. Otherwise, if the A record on appeal is required only in:
complaint is after all groundless or the (a) Special proceedings;
defense is ineffective, a new trial would serve (b) Other cases of multiple or separate appeals.
no purpose.
(b) Newly discovered evidence, which he could not, Resolution of the motion
with reasonable diligence, have discovered and Rule 37, Sec. 4. Resolution of motion. — A motion for
produced at the trial, and which if presented new trial or reconsideration shall be resolved within
would probably alter the result. 30 days from the time it is submitted for resolution.
(1) The motion shall be supported by: affidavits of
the witnesses by whom such evidence is Effect of filing
expected to be given; and/or duly The filing of a timely motion interrupts the period to
authenticated documents which are proposed appeal.
to be introduced in evidence.
(2) Non-compliance with this requirement would The 30-day period to resolve the motion is held to be
reduce the motion to a mere pro forma mandatory [Gonzales v. Bantolo (2006)]
motion.
Rule 37, Sec. 3. Action upon motion for new trial or
Tumang v. CA (1989): Newly discovered evidence may reconsideration.—The trial court may set aside the
and does commonly refer to evidence already in judgment or final order and grant a new trial, upon
existence prior to or during trial but which could not such terms as may be just, or may deny the motion. If
have been secured and presented during the trial the court finds that excessive damages have been
despite reasonable diligence on the part of the awarded or that the judgment or final order is
litigant. contrary to the evidence or law, it may amend such
judgment or final order accordingly.
Extrinsic fraud: any fraudulent scheme executed by
the prevailing party outside of the trial against the DENIAL OF THE MOTION; EFFECT
losing party who, because of such fraud, was Denial of motion for reconsideration
prevented from presenting his side of the case. The judgment or final order shall stand as is.
Intrinsic fraud: acts of a party during the trial which
does not affect the presentation of the case. Rule 37, Sec. 7. Partial new trial or reconsideration.—If
the grounds for a motion under this Rule appear to
Accident: an event that occurs without one’s foresight the court to affect the issues as to only a part, or less
or expectation. than all of the matter in controversy, or only one, or
less than all, of the parties to it, the court may order
Mistake: generally, mistakes of facts or law where, in a new trial or grant reconsideration as to such issues
good faith, the defendant was misled in a case. if severable without interfering with the judgment or
final order upon the rest.
WHEN TO FILE
The motion must be filed within the period for Single motion rule
appeal. Rule 37, Sec. 5. Second motion for new trial.—A
motion for new trial shall include all grounds then
The period for appeal is within 15 days after notice to available and those not so included shall be deemed
the appellant of the judgment or final order waived. A second motion for new trial based on a

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ground not existing or available when the first


motion was made, may be filed within the time Habaluyas v. Japson (1986): A motion for new trial or
herein provided excluding the time during which the reconsideration is not a prerequisite to an appeal, a
first motion had been pending. petition for review or a petition for review on
certiorari. And since the purpose is to expedite the
No party shall be allowed a second motion for final disposition of cases, a strict but prospective
reconsideration of a judgment or final order. application of said ruling is in order.

The prohibition on a second motion does not apply


to a motion for reconsideration of an interlocutory Fresh period rule
order.
Neypes v. CA (2005): If the motion is denied, the
movant has a “fresh period” of 15 days from receipt
Denial of motion for new trial
or notice of the order denying the motion for new
The judgment or final order shall stand as is.
trial or motion for reconsideration within which to file
an appeal.
Rule 37, Sec. 8. Effect of order for partial new trial. —
When less than all of the issues are ordered retried, This “fresh period rule” shall also apply to:
the court may either enter a judgment or final order (a) Rule 40 governing appeals from the Municipal
as to the rest, or stay the enforcement of such Trial Courts to the Regional Trial Courts;
judgment or final order until after the new trial. (b) Rule 42 on petitions for review from the Regional
Trial Courts to the Court of Appeals;
When there is an order for partial new trial, the court (c) Rule 43 on appeals from quasi-judicial
may either enter a judgment or final order as to the agencies to the Court of Appeals; and
rest, or stay the enforcement of such judgment or (d) Rule 45 governing appeals by certiorari to the
final order until after the new trial. Supreme Court.
When a second motion for new trial is permissible: The new rule aims to regiment or make the appeal
When a ground for new trial was not existing or period uniform, to be counted from receipt of the
available when the first motion was made. order denying the motion for new trial, motion for
reconsideration (whether full or partial) or any final
GRANT OF THE MOTION; EFFECT order or resolution.
Grant of motion for reconsideration
The court may amend the judgment or final order APPEALS IN GENERAL
accordingly. The amended judgment is in the nature JUDGMENTS AND FINAL ORDERS SUBJECT TO APPEAL
of a new judgment, which supersedes the original Rule 41 [as amended by A.M. 07-7-12 (2007)]
judgment. SECTION 1. Subject of appeal. An appeal may be
taken from a judgment or final order that completely
Grant of motion for new trial disposes of the case, or of a particular matter therein
The original judgment shall be vacated, and the when declared by these Rules to be appealable.
action shall stand for trial de novo. The recorded
evidence upon the former trial shall be used at the No appeal may be taken from:
new trial without retaking them (if they are material (a) An order denying a petition for relief or any
and competent). similar motion seeking relief from judgment;
(b) An interlocutory order;
REMEDY WHEN MOTION IS DENIED, FRESH 15-DAY PERIOD (c) An order disallowing or dismissing an appeal;
RULE
(d) An order denying a motion to set aside a
Rule 37, Sec. 9. Remedy against order denying a judgment by consent, confession or compromise
motion for new trial or reconsideration. — An order on the ground of fraud, mistake or duress, or any
denying a motion for new trial or reconsideration is other ground vitiating consent;
now appealable. (As modified by AM 07-7-12) (e) An order of execution;
(f) A judgment or final order for or against one or
Remedy if motion is denied more of several parties or in separate claims,
(a) To appeal from the judgment or final order itself. counterclaims, cross-claims and third-party
(b) The order denying the motion for new trial or complaints, while the main case is pending,
reconsideration may itself be assailed by a unless the court allows an appeal therefrom; and
petition for certiorari under Rule 65. (g) An order dismissing an action without prejudice.

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MODES OF APPEAL
In any of the foregoing circumstances, the aggrieved Ordinary appeal
party may file an appropriate special civil action as
provided in Rule 65. Procedure in the Court of Appeals
Ordinary appealed cases
Significance of the amendment Rule 44, Sec. 1. Title of cases. — In all cases appealed
An order denying motion for new trial or to the Court of Appeals under Rule 41, the title of the
reconsideration is NOW APPEALABLE! case shall remain as it was in the court of origin, but
the party appealing shall be further referred to as the
Final Order Interlocutory Order appellant and the adverse party as the appellee.
Disposes of the matter Does not dispose of a Counsels and guardians
in its entirety, leaving case completely but
nothing more to be done leaves something more Rule 44, Sec. 2. Counsel and guardians. — The
but to enforce execution to be decided upon. counsel and guardians ad litem of the parties in the
Appealable Not appealable except court of origin shall be respectively considered as
through a petition for their counsel and guardians ad litem in the Court of
certiorari under Rule 65 Appeals. When others appear or are appointed,
notice thereof shall be served immediately on the
Must clearly and No need to comply with
adverse party and filed with the court.
distinctly state the law such a requirement
and the facts on which it
is based Order of transmittal of record
Rule 44, Sec. 3. Order of transmittal of record. — If the
MATTERS NOT APPEALABLE original record or the record on appeal is not
Not appealable under Rule 41 transmitted to the Court of Appeals within 30 days
(a) Order denying motion for new trial or after the perfection of appeal, either party may file a
reconsideration; motion with the trial court, with notice to the other,
(b) Order denying petition for review or any similar for the transmittal of such record or record on
motion seeking relief from judgment; appeal.
(c) Interlocutory order;
(d) Order disallowing/dismissing appeal; Case docketing
(e) Order denying motion to set aside judgment by Rule 44, Sec. 4. Docketing of case. — Upon receiving
consent or confession or compromise on ground the original record or the record on appeal and the
of fraud or mistake or duress or any other vitiation accompanying documents and exhibits transmitted
of consent; by the lower court, as well as the proof of payment of
(f) Order of execution; the docket and other lawful fees, the clerk of court of
(g) While the case is pending, judgment or final the Court of Appeals shall docket the case and notify
order: the parties thereof.
(1) For/against one or more of several parties;
(2) In separate claims, counterclaims, cross- Within 10 days from receipt of said notice, the
claims, third-party complaints. appellant, in appeals by record on appeal, shall file
Exception: If court allows appeal. with the clerk of court approved record on appeal
(h) Order dismissing an action without prejudice.
Any unauthorized alteration, omission or addition in
Note: An interlocutory order is one that does not the approved record in appeal shall be a ground for
finally dispose of the case, and does not end the dismissal of the appeal.
court's task of adjudicating the parties’ contentions
and determining their rights and liabilities as regards
Note: Unless otherwise directed by the court, the
each other, but obviously indicates that other things
number of court- bound papers that a party is
remain to be done. [BPI v. Lee (2012)]
required or desires to file In the Court of Appeals,
one original (properly marked) and two copies with
REMEDY AGAINST JUDGMENTS AND ORDERS WHICH ARE
their annexes [Efficient Use of Paper Rule, AM 11-9-
NOT APPEALABLE
4-SC, Section 5]
In the 8 cases not appealable under Rule 41, the
aggrieved party may file a special civil action under
A party required by the rules to serve a copy of his
Rule 65. [Rule 41, Sec. 1]
court-bound on the adverse party need not enclose
copies of those annexes that based on the record of

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the court such party already has in his possession. In Contents of appellant’s brief
the event a party requests a set of the annexes Rule 44, Sec. 13. Contents of appellant’s brief. — The
actually filed with the court, the part who filed the appellant’s brief shall contain, in the order herein
paper shall comply with the request within five days indicated, the following:
from receipt. [Efficient Use of Paper Rule, AM 11-9-4- (a) A subject index of the matter in the brief with a
SC, Section 6] digest of the arguments and page references, and
a table of cases alphabetically arranged,
Record completion textbooks and statutes cited with references to
Rule 44, Sec. 5. Completion of record. — Where the the pages where they are cited;
record of the docketed case is incomplete, the clerk (b) An assignment of errors intended to be urged,
of court of the Court of Appeals shall so inform the which errors shall be separately, distinctly and
court and recommend to it measures necessary to concisely stated without repetition and numbered
complete the record. It shall be the duty of said court consecutively;
to take appropriate action towards the completion of (c) Under the heading “Statement of the Case,” a
the record within the shortest possible time. clear and concise statement of the nature of the
action, a summary of the proceedings, the
Rule 44, Sec. 6. Dispensing with complete record.— appealed rulings and orders of the court, the
Where the completion of the record could not be nature of the judgment and any other matters
accomplished within a sufficient period allotted for necessary to an understanding of the nature of
said purpose due to insuperable or extremely the controversy, with page references to the
difficult cases, the court, on its own motion or on record;
motion of an of the parties, may declare that the (d) Under the heading “Statement of Facts,” a clear
record and its accompanying transcripts and exhibits and concise statement in a narrative form of facts
so far available are sufficient to decide the issues admitted by both parties and of those in
raised in the appeal, and shall issue an order controversy, together with the substance of proof
explaining the reasons for such declaration. relating thereto in sufficient detail to make it
clearly intelligible, with page references to the
record;
The failure of appellant to take the necessary steps
(e) A clear and concise statement of the issues of
for the correction or completion of the record within
fact or law to be submitted to the court for its
the time limited by the court in its order is a ground
judgment;
for dismissal of the appeal.
(f) Under the heading “Argument,” the appellant’s
arguments on each assignment of error with
Appellant’s brief
page references to the record. The authorities
Rule 44, Sec.7. Appellant’s brief. — It shall be the duty relied upon shall be cited by the page of the
of the appellant to file with the court, within 45 days report at which the case begins and the page of
from receipt of the notice of the clerk that all the the report on which the citation is found.
evidence, oral and documentary, are attached to the (g) Under the heading “Relief,” a specification of the
record order of judgment which the appellant seeks; and
(h) In cases not brought up by record on appeal, the
Note: Unless otherwise directed by the court, the appellant’s brief shall contain, as an appendix, a
number of court- bound papers that a party is copy of the judgment or final order appealed
required or desires to file In the Court of Appeals, from.
one original (properly marked) and two copies with
their annexes [Efficient Use of Paper Rule, AM 11-9- Rule 44, Sec. 15. Questions that may be raised on
4-SC, Section 5] appeal. — Whether or not the appellant has filed a
motion for new trial in the court below, he may
A party required by the rules to serve a copy of his include in his assignment of errors any question of
court-bound on the adverse party need not enclose law or fact that has been raised in the court below
copies of those annexes that based on the record of and which is within the issues framed by the parties.
the court such party already has in his possession. In
the event a party requests a set of the annexes
actually filed with the court, the part who filed the Rule 124, Sec. 7. Contents of brief. — The briefs in
paper shall comply with the request within five days criminal cases shall have the same contents as
from receipt. [Efficient Use of Paper Rule, AM 11-9-4- provided in sections 13 and 14 of Rule 44. A certified
SC, Section 6] true copy of the decision or final order appealed from
shall be appended to the brief of the appellant.

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Appellee’s brief evidence, oral or documentary, is already attached to


Rule 44, Sec. 8. Appellee’s brief. — Within 45 days the record.
from receipt of the appellant’s brief, the appellee
shall file with the court copies of his legibly type- The failure of the appellant to file his memorandum
written, mimeographed or printed brief, with proof of within the period therefore may be a ground for
service of 2 copies thereof upon the appellant. dismissal of the appeal.

Note: Rules that apply, as regards the number of Several or plurality of appellant’s, appellees and/or
copies to be filed, with the appellant’s brief apply counsel
with the appellee’s brief. Rule 44, Sec. 11. Several appellants or appellees or
several counsel for each party.—Where there are
Contents of appellee’s brief several appellants or appellees, each counsel
Rule 44, Sec. 14. Contents of appellee’s brief. — The representing one or more but not all of them shall be
appellee’s brief shall, in the order herein indicated, served with only one copy of the briefs. When several
the following: counsel represent one appellant or appellee, copies
(a) A subject index of the matter in the brief with a of the brief may be served upon any of them.
digest of the arguments and page references, and
a table of cases alphabetically arranged, Extension of time for filing briefs
textbooks and statutes cited with references to Rule 44, Sec. 12. Extension of time for filing briefs.—
the pages where they are cited; Extension of time for the filing of briefs will not be
(b) Under the heading “Statement of Facts,” the allowed, except for good and sufficient cause, and
appellee shall state that the accepts the only if the motion for extension is filed before the
statement of facts in the appellant’s brief, or expiration of the time sought to be extended.
under the heading “Counter-Statement of Facts,”
he shall point out such insufficiencies or The Brief
inaccuracies as he believes exist in the appellant’s
De Liano v. CA (2001): The purpose of the brief is to
statement of facts with references to the pages of
present to the court in concise form the points and
the record in support thereof, but without
questions in controversy, and by fair argument on the
repetition of matters in the appellant’s statement
facts and law of the case to assist the court in
of facts; and
arriving at a just and proper conclusion.
(c) Under the heading “Argument,” the appellee
shall set forth his arguments in the case on each
The brief should be so prepared as to minimize the
assignment of error with page references to the
labor of the court in the examination of the record
record. The authorities relied on shall be cited by
upon which the appeal is heard and determined.
the page of the report at which the case begins
and the page of the report on which the citation is
Failure to comply with required contents of
found.
appellant’s brief is cause for dismissal of the petition.
Reply brief
Dismissal of appeal
Rule 44, Sec. 9. Appellant’s reply brief. — Within 20
Rule 50, Sec. 1. Grounds for dismissal of appeal. — An
days from receipt of the appellant’s brief, the
appeal may be dismissed by the Court of Appeals, on
appellee shall file with the court copies of his legibly
its own motion or on that of appellee, on the
typewritten, mimeographed or printed brief, with
following grounds:
proof of service upon the appellant.
(a) Failure of the record on appeal to show on its face
that the appeal was taken within the period fixed
Note: Note: Rules that apply, as regards the number by these Rules;
of copies to be filed, with the appellant’s brief apply (b) Failure to file the notice of appeal of the record
in this case. on appeal within the period prescribed by these
Rules;
Memoranda in special cases (c) Failure of the appellant to pay the docket and
Rule 44, Sec. 10. Time for memoranda in special other lawful fees as provide in section 5 of Rule
cases. — In certiorari, prohibition, mandamus, quo 40 and Section 4 of Rule 41;
warranto and habeas corpus cases, the parties shall (d) Unauthorized alterations, omission or additions in
file, in lieu of briefs, their respective memoranda the approved record on appeal as provided in
within a non-extendible period of 30 days from section 4 of Rule 44;
receipt of the notice issued by the clerk that all the

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(e) Failure of the appellant to serve and file the decide such issues or refer them to CA for
required number of copies of his brief or determination.
memorandum within the time provided by these
Rules; Cu-unjieng v. CA (2006): Nonpayment of the
(f) Absence of specific assignment of errors in the appellate court docket and other lawful fees within
appellant’s brief, or of page references to the the reglementary period as provided under Rule 41,
record as required in section 13, paragraphs (a), Sec. 4 is a ground for the dismissal of an appeal
(c), (d) and (f) of Rule 44; under Rule 50, Sec. 1(c). The Supreme Court has
(g) Failure of the appellant to take the necessary invariably sustained the Court of Appeal’s dismissal
steps for the correction or completion of the on technical grounds under the afore-quoted
record within the time limited by the court in its provision unless considerations of equity and
order; substantial justice present cogent reasons to hold
(h) Failure of the appellant to appear at the otherwise. True, the rules may be relaxed but only for
preliminary conference under Rule 48 or to persuasive and weighty reasons, to relieve a litigant
comply with orders, circulars, or directives of the of an injustice commensurate with his failure to
court without justifiable cause; and comply with the prescribed procedure.
(i) The fact that the order or judgment appealed
from is not appealable. Withdrawal of appeal
Rule 50, Sec. 3. Withdrawal of appeal. — An appeal
PNB v. Philippine Milling (1969): CA has discretion to may be withdrawn as of right at any time before the
dismiss or not to dismiss appeal. Although said filing of the appellee’s brief. Thereafter, the
discretion must be a sound one, to be exercised in withdrawal may be allowed in the discretion of the
accordance with the tenets of justice and fair play, court.
having in mind the circumstances obtaining in each
case, the presumption is that it has been so Stay of execution
exercised. See next page.
Padasdas v. CA (1974): Failure to file appellant’s brief General rule: If judgment is rendered against the
within the reglementary period need not necessarily defendant, execution shall issue immediately
cause dismissal of appeal where the same was due upon motion.
to force majeure.
Exception: Immediate execution of judgment
Dismissal of improper appeal may be stayed if the following requisites
Rule 50, Sec. 2. Dismissal of improper appeal to the concur:
Court of Appeals. — An appeal under Rule 41 taken (a) an appeal has been perfected
from the Regional Trial Court to the Court of Appeals (b) the defendant files a sufficient supersedeas
raising only questions of law shall be dismissed, bond, approved by the MTC and executed in
issues purely of law not being reviewable by said favor of the plaintiff to pay the rents,
court. Similarly, an appeal by notice of appeal damages and costs accruing down to the
instead of by petition for review from the appellate time of the judgment appealed from
judgment of a Regional Trial Court shall be (c) during the pendency of the appeal, the
dismissed. defendant deposits with the appellate court
the amount of rent due from time to time
An appeal erroneously taken to the Court of Appeals under the contract; in the absence of a
shall not be transferred to the appropriate court but contract, he shall deposit with the RTC the
shall be dismissed outright. reasonable value of the use and occupation
of the premises for the preceding month or
period at the rate determined by the
judgment of the lower court on or before the
Atlas Consolidated v. CA (1991): Circular No. 2-90 now th
10 day of each succeeding month or period
prohibits the transfer of appeals erroneously taken to
the SC or CA to whichever of these tribunals has
appropriate appellate jurisdiction. But where SC
believes that there are factual issues which must be
resolved, it may, in the exercise of its sound The supersedeas bond shall be transmitted by the
discretion and considering the attendant MTC, with the other papers, to the clerk of the RTC
circumstances, either itself take cognizance of and to which the action is appealed.

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(c) making a periodic deposit of the rental or the


reasonable compensation for the use and
All amounts so paid to the appellate court shall
occupation of the property during the pendency
be deposited with said court or authorized of the appeal.
government depositary bond, and shall be held
These requisites must concur.
there until the final disposition of the appeal,
UNLESS the court:
Puncia v. Gerona (1996): A stay of execution may also
(a) by agreement of the interested parties, or be warranted once the writ is issued:
(b) in the absence of reasonable grounds of
(a) where the delay in the deposit is due to fraud,
opposition to a motion to withdraw, or
accident, mistake, or excusable negligence; or,
(c) for justifiable reasons, shall decree otherwise.
(b) where supervening events occurring subsequent
to the judgment bring about a material change in
the situation of the parties which makes
execution inequitable
Should the defendant fail to make the payments, (c) where there is no compelling urgency for the
the appellate court, upon motion of the plaintiff, execution because it is not justified by the
and upon proof of such failure, shall order the prevailing circumstances
execution of the judgment appealed from with
respect to the restoration of possession, but such Rule 39, Sec. 2. Discretionary execution.—
execution shall not be a bar to the appeal taking (a) Execution of a judgment or a final order pending
its course until the final disposition thereof on the appeal.—On motion of the prevailing party with
merits. notice to the adverse party filed in the trial court
while it has jurisdiction over the case and is in
possession of either the original record or the
record on appeal, as the case may be, at the time
After the case is decided by the Regional Trial of the filing of such motion, said court may, in its
Court, any money paid to the court by the discretion, order execution of a judgment or final
defendant for purposes of the stay of execution order even before the expiration of the period to
shall be disposed of in accordance with the appeal.
provisions of the judgment of the Regional Trial
Court. After the trial court has lost jurisdiction, the
motion for execution pending appeal may be filed
in the appellate court.

In any case wherein it appears that the defendant Discretionary execution may only issue upon
has been deprived of the lawful possession of land good reasons to be stated in a special order after
or building pending the appeal by virtue of the due hearing.
execution of the judgment of the Municipal Trial
Court, damages for such deprivation of possession (b) Execution of several, separate or partial judgments.
and restoration of possession may be allowed the — A several, separate or partial judgment may be
defendant in the judgment of the Regional Trial executed under the same terms and conditions as
Court disposing of the appeal. execution of a judgment or final order pending
appeal.
Habere Facias Possessionem; definition
The name of the process commonly resorted to by Sec. 21, Revised Rules on Summary Procedure.
the successful party in an action for ejectment, for Appeal. — The judgment or final order shall be
the purpose of being placed by the sheriff in the appealable to the appropriate RTC which shall
actual possession of the land recovered. decide the same in accordance with Sec. 22 of BP
129. The decision of the regional trial court in civil
cases governed by this Rule, including forcible entry
San Pedro v. CA (1994): Judgments in ejectment
cases which are favorable to the plaintiff are and unlawful detainer, shall be immediately
executory, without prejudice to a further appeal that
immediately executory. They can be stayed by the
may be taken therefrom. Section 10 of Rule 70 shall
defendant only by:
(a) perfecting an appeal; be deemed repealed.
(b) filing a supersedeas bond; and

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Rule 43, Sec. 12. Effect of appeal.—The appeal shall memorandum required by the Rules or by the court
not stay the award, judgment, final order or itself, or the expiration of the period for its filing.
resolution sought to be reviewed unless the Court of
Appeals shall direct otherwise upon such terms as it When such hearing is held, upon its termination or
may deem just. upon the filing of the last pleading or memorandum
as may be required or permitted to be filed by the
court, or the expiration of the period for its filing.
Rule 39, Sec. 4. Judgments not stayed by appeal.—
Judgments in actions for injunction, receivership, B. In original actions and petitions for review.—
accounting and support, and such other judgments Where no comment is filed, upon the expiration of
as are not or may hereafter be declared to be the period to comment.
immediately executory shall be enforceable after
their rendition and shall not be stayed by an appeal Where no hearing is held, upon the filing of the last
taken therefrom, unless otherwise ordered by the pleading required or permitted to be filed by the
trial court. On appeal therefrom, the appellate court court, or the expiration of the period for its filing.
in its discretion may make an order suspending,
modifying, restoring or granting the injunction, Where a hearing on the merits of the main case is
receivership, accounting, or award of support. held, upon its termination or upon the filing of the last
pleading or memorandum as may be required or
General rule: In ordinary appeals, execution is stayed. permitted to be filed by the court, or the expiration of
the period for its filing.
Exceptions
(a) Decision in forcible entry and unlawful detainer. Judgment
Exception to exception: If appellant stays
immediate execution by filing a notice of appeal, Rule 51, Sec. 2. By whom rendered. — The judgment
supersedeas bond and depositing in court a shall be rendered by the members of the court who
monthly rental or compensation for the participated in the deliberation on the merits of the
occupation as fixed by the court which rendered case before its assignment to a member for the
the decision. writing of the decision.
(b) Decision of the MeTC, MTC or MCTC or the RTC
where execution pending appeal has been Rule 51, Sec. 3. Quorum and voting in the court. —
granted by the court of origin or in a proper case The participation of all three Justices of a division
by the appellate court upon good reasons to be shall be necessary at the deliberation and the
stated in the order. unanimous vote of the three Justices shall be
(c) Decision of the RTC rendered in the exercise of its required for the pronouncement of a judgment or
appellate jurisdiction on cases tried and decided final resolution. If the three Justices do not reach a
by the court of origin under Summary Procedure. unanimous vote, the clerk shall enter the votes of the
(d) Decision of a quasi-judicial agency under the dissenting Justices in the record. Thereafter, the
Rule 43, Sec. 12, UNLESS otherwise provided by Chairman of the division shall refer the case,
the Court CA; together with the minutes of the deliberation, to the
(e) Decision in cases of injunction, receivership, Presiding Justice who shall designate two Justices
support and accounting. chosen by raffle from among the other members of
the court to sit temporarily with them, forming a
Service Specialists v. Sheriff of Manila (1986): An special division of five Justices. The participation of
appeal from the order denying the petition for relief all the five members of the special division shall be
does not stay the judgment from which relief is necessary for the deliberation required in section 2 of
sought. In order to stay execution, it is necessary to this Rules and the concurrence of a majority of such
obtain a writ of preliminary injunction. division shall be required for the pronouncement of a
judgment or final resolution.
When case is submitted for judgment
Rule 51, Sec. 1. When case deemed submitted for Rule 51, Sec. 4. Disposition of a case.—The CA, in the
judgment.—A case shall be deemed submitted for exercise of its appellate jurisdiction, may affirm,
judgment: reverse, or modify the judgment or final order
appealed from, and may direct a new trial or further
A. In ordinary appeals.— proceedings to be had.
Where no hearing on the merits of the main case is
held, upon the filing of the last pleading, brief, or

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Sec.40, BP 129. Form of decision in appealed cases.— Rule 51, Sec. 9. Promulgation and notice of
Every decision or final resolution of a court in judgment.—After the judgment or final resolution
appealed cases shall clearly and distinctly state the and dissenting or separate opinions, if any, are
findings of fact and the conclusion of law on which it signed by the Justices taking part, they shall be
is based, which may be contained in the decision or delivered for filing to the clerk who shall indicate
final resolution itself, or adopted by reference from thereon the date of promulgation and cause true
those set forth in the decision, order, or resolution copies thereof to be served upon the parties or their
appealed from. counsel.

Rule 51, Sec. 5. Form of decision.—Every decision or Petition for review [Rule 42]
final resolution of the court in appealed cases shall Mode of appeal in cases decided by the Regional
clearly and distinctly state the finding of fact and the Trial Court in the exercise of its appellate jurisdiction
conclusions of law on which it is based, which may be [Rule 41, Sec. 2]
contained in the decision or final resolution itself, or
adopted from those set forth in the decision, order, Procedure:
or resolution appealed from. Time for filing [Rule 42, Sec. 1]: The petition shall be
filed and served within fifteen (15) days from notice of
The body of the judgment must contain the reasons the decision sought to be reviewed or of the denial of
or conclusions of the court to serve as a guide or petitioner’s motion for new trial or reconsideration
enlightenment to determine the ratio decidendi. But filed in due time after judgment.
what actually constitutes the resolution of the court
which is the subject of the execution is the dispositive Note: Time for filing the petition may be extended
portion of the fallo. [Olac v. CA] (additional 15 days) by the CA upon proper motion
and the payment of the full amount of the docket
and other lawful fees and the deposit for costs before
Rule 51, Sec. 6. Harmless error.—No error in either the the expiration of the reglementary period. However,
admission or the exclusion of evidence and no error no further extension shall be granted except for the
or defect in any ruling or order or in anything done or most compelling reason and in no case to exceed
omitted by the trial court or by any of the parties is fifteen (15) days.
ground for granting a new trial or for setting aside,
modifying, or otherwise disturbing a judgment or Amount of costs: Php 500 [Rule 42, Sec. 1]
order, unless refusal to take such action appears to
the court inconsistent with substantial justice. The Petition for Review Form and Content [Rule 42, Sec. 2]:
court at every stage of the proceedings must
disregard any error or defect which does not affect Petition must state:
the substantial rights of the parties. (a) full names of the parties to the case w/o
impleading the lower courts or the judges
Rule 51, Sec. 7. Judgment where there are several (b) indicate material dates showing filed on time
parties.—In all actions or proceedings, an appealed (c) set forth statement of the matters involved and
judgment may be affirmed as to some of the the issues raised, specification of errors of
appellants, and revered as to others, and the case fact/law/both and the reasons or arguments
shall thereafter be proceeded with, so far as relied upon for the allowance of the appeal
necessary, as of separate actions had been begun
and prosecuted; and execution of the judgment of It must also be accompanied by legible duplicate
affirmance may be had accordingly, and costs may original/true copies of the judgments/orders,
be adjudged in such cases, as the court shall deem certified correct by the CoC, the requisite number of
proper. copies and of the pleadings and other material
portions of the record supporting the allegations of
the petition
Rule 51, Sec. 8. Questions that may be decided.—No
error which does not affect the jurisdiction over the
Copies to be filed:
subject matter or the validity of the judgment
Note: Unless otherwise directed by the court, the
appealed from or the proceedings therein will be
number of court- bound papers that a party is
considered unless stated in the assignment of errors,
required or desires to file In the Court of Appeals,
or closely related to or dependent on an assigned
one original (properly marked) and two copies with
error
their annexes [Efficient Use of Paper Rule, AM 11-9-4-
SC, Section 5]

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also order the elevation of the original record from


A party required by the rules to serve a copy of his the RTC to the CA.
court-bound on the adverse party need not enclose
copies of those annexes that based on the record of Effect of Perfection of Appeal [Rule 42, Sec. 8]:
the court such party already has in his possession. In (1) RTC loses jurisdiction
the event a party requests a set of the annexes Note: Before the CA gives due course to the
actually filed with the court, the part who filed the petition, the RTC has authority to do the
paper shall comply with the request within five days following:
from receipt. [Efficient Use of Paper Rule, AM 11-9-4- (a) issue orders for the protection and
SC, Section 6] preservation of the rights of the parties which
do not involve any matter litigated by the
A Certification under oath shall also be submitted. appeal
The certification must state: (b) approve compromises
(a) that he has not theretofore commenced any other (c) permit appeals of indigent litigants
action involving the same issues in the SC, CA, or (d) order execution pending appeal in accordance
any other tribunal or agency; with Sec. 2 of Rule 39, and
(b) if there is such other action or proceeding, he (e) allow withdrawal of the appeal
must state the status of the same; and if he
should thereafter learn that a similar action or (2) Appeal shall stay the judgment or final order
proceeding has been filed or is pending before Exceptions:
the SC, CA, or any other tribunal or agency, he (a) In civil cases decided under the Summary
undertakes to promptly inform the aforesaid Procedure
courts and other tribunal or agency thereof within (b) CA, law or ROC provided otherwise
five (5) days therefrom
Action of the Court after petition is given due course
Note: Failure to comply with the requirements shall [Rule 42, Sec. 9]: CA may:
be a ground for dismissal [Rule 42, Sec. 3] (a) Set the case for oral argument; or
(b) Require parties to submit memoranda within a
Action of the Court [Rule 42, Sec. 4]: Court may period of fifteen (15) days from notice
REQUIRE RESPONDENT TO SUBMIT COMMENT
within 10 days from notice or DISMISS the petition When case is deemed submitted for decision: upon
filing of the last pleading/memorandum [Rule 42,
Possible Grounds for dismissal: Sec. 9]
(a) patently without merit,
(b) prosecuted manifestly for delay, or Petition for review on certiorari
(c) questions raised are too unsubstantial to Procedure in the Supreme Court (Appealed Cases)
require consideration
Mode of appeal
Form and Content of Comment [Rule 42, Sec. 5]: Rule 56, Sec. 3. Mode of appeal. — An appeal to the
Comment must be in one original (properly marked) Supreme Court may be taken only by a petition for
and two copies with their annexes (Efficient Use of review on certiorari, except in criminal cases where
Paper Rule, Section 5), accompanied by certified true the penalty imposed is death, reclusion perpetua or
copies of such material portions of the record; life imprisonment.
stating:
(a) whether or not he accepts the statement of Procedure
matters involved in the petition
(b) point out such insufficiencies or inaccuracies as Rule 56, Sec. 4. Procedure. — The appeal shall be
he believes exist in petitioner’s statement of governed by and disposed of in accordance with the
matters involved but without repetition applicable provisions of the Constitution, laws, Rules
(c) reasons why the petition should not be given due 45, 48, sections 1, 2 and 5 to 11 of Rules 51, 52 and
course this Rule.

If the CA finds that there is a prima facie that the Grounds for dismissal of appeal
lower court has committed an error of fact or law Rule 56, Sec. 5. Grounds for dismissal of appeal. —
that will warrant a reversal or modification of the The appeal may be dismissed motu proprio or on
appealed decision, it may accordingly give due motion of the respondent on the following grounds:
course to the petition. [Rule 42, Sec. 6]. The CA may

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(a) Failure to take the appeal within the penalty. The Court of Appeals shall automatically
reglementary period; review the judgment as provided in Section 10 of
(b) Lack of merit in the petition; this Rule.
(c) Failure to pay the requisite docket fee and other (f) Except as provided in the last paragraph of
lawful fees or to make a deposit for costs; section 13, Rule 124, all other appeals to the
(d) Failure to comply with the requirements Supreme Court shall be by petition for review on
regarding proof of service and contents of and certiorari under Rule 45.
the documents which should accompany the
petition; General rule: An appeal taken to the Supreme Court
(e) Failure to comply with any circular, directive or by notice of appeal shall be dismissed.
order of the Supreme Court without justifiable
cause; Exception: Appeals in criminal cases where the
(f) Error in the choice or mode of appeal; and penalty imposed is death, reclusion perpetua or life
(g) The fact that the case is not appealable to the imprisonment.
Supreme Court.
Equally divided
Improper appeal Rule 56, Sec. 7. Procedure if opinion is equally
Rule 56, Sec. 6. Disposition of improper appeal.— divided.—Where the court en banc is equally divided
Except as provided in section 3, Rule 122 regarding in opinion, or the necessary majority cannot be had,
appeals in criminal cases where the penalty imposed the case shall again be deliberated on, and if after
is death, reclusion perpetua or life imprisonment, an such deliberation no decision is reached, the original
appeal taken to the Supreme Court by notice of action commenced in the court shall be dismissed; in
appeal shall be dismissed. appealed cases, the judgment or order appealed
from shall stand affirmed; and on all incidental
An appeal by certiorari taken to the Supreme Court matters, the petition or motion shall be denied.
from the Regional Trial Court submitting issues of
fact may be referred to the Court of Appeals for Questions of Fact v. Questions of Law
decision or appropriate action. The determination of Agote v. Lorenzo (2005): A question of law does not
the Supreme Court on whether or not issues of facts involve an examination of the probative value of the
are involved shall be final. evidence presented by any of the litigants.

Rule 122, Sec. 3. How appeal taken.— There is a question of law in a given case when the
(a) The appeal to the Regional Trial Court, or to the doubt or difference arises as to what the law is on a
Court of Appeals in cases decided by the certain state of facts; there is a question of fact when
Regional Trial Court in the exercise of its original the doubt or difference arises as to the truth or the
jurisdiction, shall be by notice of appeal filed with falsehood of the facts alleged.
the court which rendered the judgment or final
order appealed from and by serving a copy Alsua-Betts v. CA (1979):
thereof upon the adverse party. General rule: CA’s findings of fact are final and
(b) The appeal to the Court of Appeals in cases conclusive and cannot be reviewed on appeal to the
decided by the Regional Trial Court in the SC, provided they are borne out by the record or are
exercise of its appellate jurisdiction shall be by based on substantial evidence.
petition for review
(c) under Rule 42. Exception: CA’s findings of fact may be reviewed by
(d) The appeal in cases where the penalty imposed the SC on appeal by certiorari when:
by the Regional Trial Court is reclusion perpetua (1) Conclusion is a finding grounded entirely on
or life imprisonment, or where a lesser penalty is speculations, surmises or conjectures [Joaquin v.
imposed but for offenses committed on the same Navarro (1953)].
occasion or which arose out of the same (2) Inference made is manifestly mistaken, absurd or
occurrence that gave rise to the more serious impossible [Luna v. Linatok (1942)].
offense for which the penalty of death, reclusion (3) There is grave abuse of discretion in the
perpetua, or life imprisonment is imposed, shall appreciation of facts [Buyco v. People (1954)].
be by notice of appeal to the Court of Appeals in (4) Judgment is based on a misapprehension of facts
accordance with paragraph (a) of this Rule. [De la Cruz v. Sosing (1953).
(e) No notice of appeal is necessary in cases where (5) The Court of Appeal’s findings of fact are
the Regional Trial Court imposed the death conflicting [Casica v. Villaseca (1957)].

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(6) The Court of Appeals, in making its findings, went within 30 days after notice of the judgment or final
beyond the issues of the case and the same is order.
contrary to the admissions of both appellant and
appellee [Nakpil & Sons v. CA (1986)]. The period of appeal shall be interrupted by a timely
(7) The Court of Appeals manifestly overlooked motion for new trial or reconsideration. No motion
certain relevant facts not disputed by the parties for extension of time to file a motion for new trial or
and which, if properly considered, would justify a reconsideration shall be allowed.
different conclusion [Abellana v. Dosdos (1965)].
(8) The Court of Appeal’s findings of fact are contrary Neypes v. CA (2005) on the fresh period rule:
to those of the trial court, or are mere conclusions Definition: Period of appeal is interrupted by a timely
without citation of specific evidence, or where the motion for new trial or reconsideration. Motion for
facts set forth by the petitioner are not disputed extension of time to file motion for new trial or
by the respondent, or where the findings of fact of reconsideration is not allowed.
the Court of Appeals are premised on absence of
evidence but are contradicted by the evidence of Applicability:
record [Manlapaz v. CA (1987)]. (a) Rule 40 on appeals from MTC to RTC.
(b) Rule 42 on petitions for review from RTC to CA.
Perez-Rosario v. CA (2005): Rule 65 cannot cure the (c) Rule 43 on appeals from QJA to CA.
failure to appeal thru Rule 45. (d) Rule 45 on appeals by certiorari to SC.

ISSUES TO BE RAISED ON APPEAL Rationale: To standardize the appeal periods


Cognizable judgments/issues provided in the Rules of Court and to afford litigants
The appellate court has no jurisdiction to review a fair opportunity to appeal their cases, the court
judgment which is immediately final and executory deems it practical to allow a fresh period of 15 days
by express provision of law. [Republic v. Bermudez- within which to file the notice of appeal in the
Lorino (2005)] Regional Trial Court, counted from receipt of the
order dismissing a motion for new trial or
Rationale: Appeal is merely a privilege conferred by reconsideration.
law upon the litigants.
A party cannot change the theory on appeal. Only PERIOD OF APPEAL
issues pleaded in the lower court and properly raised From MTC to RTC and from RTC (original) to CA
may be resolved by the appellate court. [Medina v. (a) By notice of appeal: 15 days from notice of the
CA (1992)] judgment or final order
(b) By record of appeal: 30 days from notice of the
However, issues which are inferred from or judgment or final order
necessarily connected with the issue properly raised (c) From MTC to RTC (appellate) to CA: 15 days from
and pleaded may be resolved by the appellate court. notice of the judgment or final order but the
[Espina v. CA (1992)] Court of Appeals may grant a 15 day extension.
No further extension shall be granted except for
Notice of appeal the most compelling reasons and in no case
The notice of appeal shall indicate the parties to the longer than 15 days.
appeal, the judgment or final order or part thereof
appealed from, and state the material dates showing From RTC (original) to CA to SC and from MTC to RTC
the timeliness of the appeal. (appellate) to CA to SC and from CA to SC and from
QJA to CA to SC
Record of appeal 15 days from notice of judgment or final order or
Required only in: from denial of petitioner’s motion for reconsideration
(a) Special proceedings; or new trial. The SC may grant a 30 day extension for
(b) Multiple or separate appeals where the law or the justifiable reasons.
Rules of Court so requires.
From QJA to CA
Rule 40, Sec.2. When to appeal.—The appeal is taken 15 days from notice of the award, judgment, final
by filing a notice of appeal with the court that order or resolution or from date of last publication if
rendered the judgment or final order appealed from. required by law. The CA may grant a 15 day
Where a record on appeal is required, the appellant extension. No further extension shall be granted
shall file a notice of appeal and a record on appeal except for the most compelling reasons and in no
case longer than 15 days.

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Distinctions between Rule 45 and


Rule 65 Based on J. Regalado’s Commentary Rule 45 Appeal by Certiorari Rule 65 Original Action
(Asked in the 1999 and 2008 Bar Exams) for Certiorari
(5) Parties Involved The parties are the
Rule 45 Appeal by Certiorari Rule 65 Original Action Original Parties to the aggrieved party against
for Certiorari action remain the same the lower court/Quasi-
(1) Issues Raised Grave Abuse of during appeal (albeit with judicial agency and the
Questions of Law Discretion Amounting to the corresponding prevailing parties, who
Lack or Excess of appellation of appellant thereby respectively
Jurisdiction and appellee), the lower become the petitioner
(2) Against What Court Directed Against an court or quasi-judicial and the respondents.
Action Directed Interlocutory Order of the agency is not to be
Review of the judgment, court prior to appeal impleaded.
award or final order on from the judgment, or (6) Requirement of Motion MR is a CONDITION
the merits where there is no appeal for Reconsideration PRECEDENT subject
or any other plain speedy For purposes of appeal, only to certain
and adequate remedy MR is not required exceptions.
(3) Reglementary Period Not later than sixty (60) (7) Exercise of Jurisdiction Higher Court exercises
Must be filed within the days from notice of the The Appellate Court original jurisdiction under
reglementary period for judgment, order or exercises its appellate its power of control and
appeal. resolution sought to be jurisdiction and power of supervision over the
assailed. review proceedings of lower
(4) Effect on the Proceedings No effect (i.e., courts.
Below proceedings below
Judgment, award or continue) unless a writ of
order appealed from is preliminary injunction or
stayed by the Appeal a temporary restraining
order has been issued
Matrix of Periods

Period to Appeal Extensions Effect of MR or MNT

By notice of appeal - 15 days No extensions allowed Interrupts the period to


from notice of the judgment or appeal
final order
MTC to RTC
By record of appeal – 30 days
from notice of the judgment or
final order
By notice of appeal - 15 days No extensions allowed Interrupts the period to
from notice of the judgment or appeal
final order
RTC to CA
By record of appeal – 30 days
from notice of the judgment or
final order
15 days from notice of the The CA may grant a 15 day Fresh period to appeal
judgment or final order OR extension. No further extension from denial MR or MNT
MTC to RTC to
from denial of MR or MNT shall be granted except for the
CA
most compelling reasons and in
no case longer then 15 days.
15 days from notice of the The CA may grant a 15 day Fresh period to appeal
award, judgment, final order or extension. No further extension from denial MR or MNT
QJA to CA resolution or from date of last shall be granted except for the
publication if required by law most compelling reasons and in
OR from denial of MR or MNT no case longer then 15 days.
RTC to SC 15 days from notice of judgment The SC may grant a 30 day Fresh period to appeal
RTC to CA to or final order OR from denial of extension for justifiable reasons. from denial MR or MNT

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SC petitioner’s MR or MNT.
CA to SC

This “fresh period rule” shall also apply to: Espina v. CA (1992): However, issues which are
(a) Rule 40 governing appeals from the Municipal inferred from or necessarily connected with the issue
Trial Courts to the Regional Trial Courts; properly raised and pleaded may be resolved by the
(b) Rule 42 on petitions for review from the Regional appellate court.
Trial Courts to the Court of Appeals;
(c) Rule 43 on appeals from quasi-judicial Appeal from MTC to RTC: the rules on perfection of
agencies to the Court of Appeals; and appeal from RTC to CA applies.
(d) Rule 45 governing appeals by certiorari to the
Supreme Court. The new rule aims to regiment or From the Regional Trial Court to CA:
make the appeal period uniform, to be counted (a) By notice of appeal: perfected as to party who
from receipt of the order denying the motion for filed notice upon filing of the same in due time
new trial, motion for reconsideration (whether full
or partial) or any final order or resolution. [Neypes The court loses jurisdiction over the case upon
v. CA, (2005)] perfection of appeal AND expiration of time to
appeal of the other parties.
A party litigant may now file his notice of appeal
either within fifteen days from receipt of the original (b) By record on appeal: perfected as to the party
decision or within fifteen days from the receipt of the who filed appeal and with respect to the subject
order denying the motion for reconsideration. matter thereof upon approval of the record filed
in due time
Being procedural in nature, Neypes is deemed to be
applicable to actions pending and undetermined at The court loses jurisdiction upon approval of the
the time of its effectivity and is thus retroactive in records on appeal AND expiration of the time to
that sense and to that extent. [First Aqua Sugar v. appeal of the other parties
BPI (2007)]
From MTC to RTC (appellate jurisdiction) to CA: upon
PERFECTION OF APPEAL timely filing of a petition for review and the payment
Perfection of an appeal in the manner and within the of the corresponding docket and other lawful fees.
period laid down by law is mandatory and
jurisdictional. [Balgami v. CA (2004)] The RTC loses jurisdiction upon perfection of appeals
filed in due time AND the expiration of time to
Rationale: Appeal is merely a statutory privilege, and appeal of other parties.
may be exercised only in the manner and in
accordance with the provisions of the law. It is APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE MTC
neither a natural right nor a part of due process. MTC to RTC
Rule 40, Sec.1. Where to appeal. — An appeal from a
Effect of failure to perfect appeal judgment or final order of a MTC may be taken to the
(a) Defeats a party’s right to appeal. RTC exercising jurisdiction over the area to which the
(b) Precludes appellate court from acquiring former pertains. The title of the case shall remain as
jurisdiction. it was in the court of origin, but the party appealing
the case shall be further referred to as the appellant
Camposagrado v. Camposagrado (2005): Failure to and the adverse party the appellee.
pay the appellate court docket fee within the
reglementary period confers only a discretionary (not The other provisions governing appeal from RTC to
mandatory) power to dismiss the proposed appeal. CA so long as they are not inconsistent are
Such discretion should consider all attendant applicable to appeal from MTC to RTC.
circumstances and must be exercised with a view to
substantial justice. MTC to RTC to CA
Republic v. Bermudez-Lorino (2005): Appellate court File a verified petition for review with the CA,
has no jurisdiction to review a judgment which is paying at the same time to the clerk of said
immediately final and executory by express provision court the corresponding docket and other
of law. lawful fees, depositing the amount of P500 for
costs and furnishing the RTC and the adverse
Medina v. CA (1992): A party cannot change the party with a copy of the petition.
theory on appeal. Only issues pleaded in the lower
court and properly raised may be resolved by the
appellate court.

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Applicability of Rule 45
The petition shall be filed and served within 15
days from notice of the decision sought to be Rule 45, Sec.9. Rule applicable to both civil and
reviewed or of the denial of petitioner’s MNT or criminal cases.—The mode of appeal prescribed in
MR filed in due time after judgment. this Rule shall be applicable to both civil and
criminal cases, except in criminal cases where the
penalty imposed is death, reclusion perpetua or life
imprisonment.

Upon proper motion and the payment of the Filing of Petition


full amount of the docket and other lawful (a) File with the SC a verified petition for review on
fees and the deposit for costs before the certiorari.
expiration of the reglementary period, the CA
may grant an additional period of 15 days only (b) Unless otherwise directed by the court, the
within which to file the petition for review. No number of court- bound papers that a party is
further extension shall be granted except for required or desires to file In the Supreme Court,
the most compelling reason and in no case to one original (properly marked) and four copies,
exceed 15 days. [Rule 42, Sec. 1] unless the case is referred to the Court En Banc,
in which event, the parties shall file ten additional
copies. For the En Banc, the parties need to
(Asked in the 1999 and 2002 Bar Exam) submit only two sets of annexes, one attached to
the original and an extra copy. For the Division,
Petition for review from RTC to CA [Rule 42] the parties need to submit also two sets of
Applicability.— Appeal of RTC decision rendered in annexes, one attached to the original and an
exercise of appellate jurisdiction [Rule 42, Sec. 1] extra copy. All members of the Court shall share
the extra copies of annexes in the interest of
Certificate of Non-Forum Shopping (CNFS).— economy of paper.
Petitioner in a petition for review in CA/SC must
submit a CNFS with the petition. However, this rule is Parties to cases before the Supreme Court are
relaxed where there is need to conduct a review. In further required, on voluntary basis for the first six
those instances, petitioner may comply with the months following the effectivity of this Rule and
requirement after he has filed the petitions. [Rule 42, compulsorily afterwards unless the period is
Sec.1] extended, to submit, simultaneously with their
court-bound papers, soft copies of the same and
MTC to RTC to CA to SC their annexes (the latter in PDF format) either by
Rule 41. Sec.2(c). Appeal by certiorari.—In all cases email to the Court’s e-mail address or by compact
where only questions of law are raised or involved, disc (CD). This requirement is in preparation for
the appeal shall be to the SC by petition for review the eventual establishment of an e-filing
on certiorari in accordance with Rule 45. paperless system in the judiciary. (Efficient Use of
Paper Rule, Section 5)
Rule 45, Sec.1. Filing of petition with Supreme
Court.—A party desiring to appeal by certiorari from (c) Petition shall raise only questions of law which
a judgment or final order or resolution of the CA, the must be distinctly set forth.
Sandiganbayan, the RTC or other courts whenever
authorized by law, may file with the SC a verified Contents of Petition [Rule 45, Sec. 4]
petition for review on certiorari. The petition may (a) Full name of the appealing party (petitioner) and
include an application for a writ of preliminary the adverse party (respondent).
injunction or other provisional remedies and shall (b) Without impleading the lower court or judges as
raise only questions of law which must be distinctly petitioners/respondents.
set forth. The petitioner may seek the same (c) Material dates:
provisional remedies by verified motion filed in the (1) When notice of the judgment or final order or
same action or proceeding at any time during its resolution subject thereof was received;
pendency. (2) When a motion for new trial or reconsideration
(Asked in the 2002 Bar Exams) (if any) was filed and when notice of the denial
thereof was received.
(d) Concise statement of the matters involved, and
the reasons/arguments relied on for the
allowance of the petition;

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(e) A clearly legible duplicate original, or a certified Review is discretionary


true copy of the judgment or final order or A review is not a matter of right, but of sound judicial
resolution certified by the clerk of court of the discretion, and will be granted only when there are
court a quo and the requisite number of plain special and important reasons therefore.
copies thereof, and such material portions of the
record as would support the petition; The following, while neither controlling nor fully
(f) Certificate of non-forum shopping. measuring the court's discretion, indicate the
character of reasons which will be considered:
(a) When the court a quo has decided a question of
File petition within 15 days from notice: substance, not theretofore determined by the SC,
(a) of the judgment or final order or resolution or has decided it in a way probably not in accord
appealed from, or with law or with the applicable decisions of the
(b) of the denial of the petitioner's motion for SC; or
new trial or reconsideration filed in due time (b) When the court a quo has so far departed from
after notice of the judgment. the accepted and usual course of judicial
proceedings, or so far sanctioned such departure
by a lower court, as to call for an exercise of the
power of supervision.
On motion duly filed and served, with full
payment of the docket and other lawful fees May Require Pleadings and Documents
and the deposit for costs before the expiration Rule 45, Sec. 7. Pleadings and documents that may
of the reglementary period, the SC may for be required; sanctions. — For purposes of
justifiable reasons grant an extension of 30 determining whether the petition should be
days only within which to file the petition. [Rule dismissed or denied pursuant to sec.5 of this Rule, or
45, Sec. 2] where the petition is given due course under Sec.8
hereof, the SC may require or allow the filing of such
pleadings, briefs, memoranda or documents as it
may deem necessary within such periods and under
Rule 45, Sec.3. Docket and other lawful fees; proof of
such conditions as it may consider appropriate, and
service of petition. — Unless he has theretofore done
impose the corresponding sanctions in case of non-
so, the petitioner shall pay the corresponding docket
filing or unauthorized filing of such pleadings and
and other lawful fees to the clerk of court of the
documents or non-compliance with the conditions
Supreme Court and deposit the amount of P500.00
therefor.
for costs at the time of the filing of the petition. Proof
of service of a copy thereof on the lower court
concerned and on the adverse party shall be Due Course and Elevation of Records
submitted together with the petition. Rule 45, Sec. 8. Due course; elevation of records. — If
the petition is given due course, the SC may require
Dismissal or denial of petition the elevation of the complete record of the case or
specified parts thereof within 15 days from notice.
Rule 45, Sec.5. Dismissal or denial of petition. — The
failure of the petitioner to comply with any of the
MTC to SC
foregoing requirements regarding the payment of
(a) The remedy is a petition for certiorari under Rule
the docket and other lawful fees, deposit for costs,
65.
proof of service of the petition, and the contents of
(b) This is not an appeal.
and the documents which should accompany the
petition shall be sufficient ground for the dismissal
APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE RTC
thereof.
RTC to CA
Under Rule 41, an appeal of judgment or final order
The SC may on its own initiative deny the petition on
under that completely disposes of either:
the ground that the appeal is without merits, or is
(a) The case;
prosecuted manifestly for delay, or that the
(b) A particular matter in the case, when declared by
questions raised therein are too unsubstantial to
ROC to be appealable.
require consideration.
Not appealable under Rule 41
(a) Order denying motion for new trial or
reconsideration;

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(b) Order denying petition for review or any similar Lanaria v. Planta (2007): Submission of a document
motion seeking relief from judgment; together with the motion for reconsideration
(c) Interlocutory order; constitutes substantial compliance with compliance
(d) Order disallowing/dismissing appeal; with Section 2, Rule 42 or the requirement that
(e) Order denying motion to set aside judgment by relevant or pertinent documents be submitted along
consent or confession or compromise on ground with the petition, and calls for the relaxation of
of fraud or mistake or duress or any other vitiation procedural rules
of consent;
(f) Order of execution; RTC to CA to SC
(g) While the case is pending, judgment or final The remedy is a petition for review on certiorari under
order: Rule 45.
(1) For/against one or more of several parties;
(2) In separate claims, counterclaims, cross- RTC to SC
claims, third-party complaints. (a) The remedy is a petition for certiorari under Rule
Exception: If court allows appeal. 65.
(h) Order dismissing an action without prejudice. (b) This is not an appeal.

In the 8 cases not appealable under Rule 41, the APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE CA
aggrieved party may file a special civil action under CA to SC
Rule 65. The remedy is a petition for review on certiorari under
Rule 65.
Interlocutory order
Definition: If it does not dispose of the case but APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE CTA
leaves something else to be done by the trial court RA 9282: Decisions of the CTA are now appealable
on the merits of the case. [Investments, Inc. v. CA to the SC by petition for review on certiorari under
(1987)] Rule 45.

For purposes of appeal, an order is final if it disposes REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF THE
of the entire case. An order for partial summary COA
judgment is an interlocutory order which cannot be The remedy is a petition for certiorari under Rule 65.
appealed from. The trial court had not yet rendered a [Rule 64, Section 2]
complete final judgment. [GSIS v. Phil. Village Hotel
(2004)] Time to file: petition shall be filed within thirty (30)
days from notice of the judgment or final order or
Multiple appeals resolution
Civil cases which admit of multiple appeals:
(a) Judgment in an action for recovery or for partition Note: If allowed under the Rules of the Commission
of property is separately appealable from the concerned, the filing of a motion for new
proceedings on that part of the judgment wherein trial/reconsideration shall interrupt the period
accounting for receipts from the property is
ordered as a primary or incidental relief. When Copies to be filed: Unless otherwise directed by the
such accounting is submitted and either court, one original (properly marked) and four copies,
approved or rejected by the trial court, another unless the case is referred to the Court En Banc, in
appeal lies therefrom. which event, the parties shall file ten additional
(b) Special civil actions: copies. [AM 11-9-4-SC, Section 5(a)]
(1) Expropriation; (Rule 67)
(2) Judicial partition; (Rule 69) Contents:
(3) Judicial foreclosure of mortgage; (Rule 68) (a) State the facts with certainty, present clearly the
issues involved, set forth the grounds and brief
Special proceedings also admit of multiple appeals. arguments relied upon for review, and pray for
judgment annulling or modifying the questioned
Ko v. PNB (2006): The order of dismissal due to judgment, final order or resolution. Findings of
failure to prosecute is appealable by notice of appeal fact of the Commission supported by substantial
under Rule 41. evidence shall be final and non-reviewable.

Philexport v. PI (2004): But an order of dismissal (b) Accompanied by a clearly legible duplicate
without prejudice is not appealable under Rule 41. original or certified true copy of the judgment,

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final order or resolution subject thereof, together other pleadings or papers as may be required or
with certified true copies of such material allowed, or the expiration of the period to do so.
portions of the record as are referred to therein [Rule 64, Section 9]
and other documents relevant and pertinent
thereto. REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF THE
COMELEC
For the Division, the parties need to submit also two [same with COA (Rule 64)]
sets of annexes, one attached to the original and an
extra copy. All members of the Court shall share the REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF THE
extra copies of annexes in the interest of economy of CSC
paper. Parties to cases before the Supreme Court are The remedy of an aggrieved party from a resolution
further required, on voluntary basis for the first six issued by the CSC is to file a petition for review
months following the effectivity of this Rule and thereof under Rule 43 of the Rules of Court within
compulsorily afterwards unless the period is fifteen days from notice of the resolution. [DECS v.
extended, to submit, simultaneously with their court- Cuanan (2008)]
bound papers, soft copies of the same and their
annexes (the latter in PDF format) either by email to OREVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF THE
the Court’s e-mail address or by compact disc (CD). OMBUDSMAN
This requirement is in preparation for the eventual
establishment of an e-filing paperless system in the When CA has Jurisdiction
judiciary. In administrative cases: Where the respondent is
absolved of the charge, and in case of conviction
(a) State the specific material dates showing that it where the penalty imposed is public censure or
was filed within the period fixed herein, and shall reprimand, suspension of not more than one month,
contain a sworn certification against forum or a fine equivalent to one month salary , the
shopping as provided in the third paragraph of decision shall be unappealable. In all other cases,
section 3, Rule 46. the decision may be appealed to the CA on a verified
petition for review under the requirements and
(b) Accompanied by proof of service of a copy thereof conditions set forth in Rule 43 of the Rules of Court,
on the Commission concerned and on the within 15 days from receipt of the written Notice of
adverse party, and of the timely payment of the Decision or Order denying the Motion for
docket and other lawful fees. Reconsideration. [AO 7, Rule III, Section 7]

Note: The failure of petitioner to comply with any of Note: An appeal shall not stop the decision from
the foregoing requirements shall be sufficient being executory.
ground for the dismissal of the petition.
When the SC has Jurisdiction
Effect of Filing: The filing of a petition In cases in which it is alleged that the Ombudsman
for certiorari shall not stay the execution of the has acted with grave abuse of discretion amounting
judgment or final order or resolution sought to be to lack or excess of jurisdiction, a special civil action
reviewed, unless the Supreme Court shall direct of certiorariunder Rule 65 may be filed with this
otherwise upon such terms as it may deem just. Court to set aside the Ombudsman’s order or
resolution. [Nava v. NBI (2005)]
If the SC finds finds the petition sufficient in form
and substance, it shall order the respondents to file Court has jurisdiction over such petitions questioning
their comments on the petition within ten (10) days resolutions or orders of the Office of the
from notice; otherwise, it may dismiss the petition Ombudsman in criminal cases. [Kuizon v. Desierto
outright. [Rule 64, Section 6] (2001)]

Aside from the comment, No other pleading may be REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF THE
filed by any party unless required or allowed by the NLRC
Court. [Rule 64, Section 7] Rule 43, Sec.2. Cases not covered.—This Rule shall
not apply to judgments or final orders issued under
Unless the Court sets the case for oral argument, or the Labor Code of the Philippines.
requires the parties to submit memoranda, the case
shall be deemed submitted for decision upon the NLRC judgments and final orders or resolutions are
filing of the comments on the petition, or of such now reviewable, in the first instance, by the Court of

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Appeals on certiorari under Rule 65, but those of the (b) The date of its last publication, if publication is
Employees Compensation Commission should be required by law for its effectivity; or
brought to the Court of Appeals through a petition (c) The denial of the petitioner’s MFR duly filed
for review under this Rule. Also, appeals from the according to the governing law of the court or
Office of the Ombudsman in administrative agency a quo. [Villorente v. Laiya (2005)]
disciplinary cases are now covered by this Rule.
[Fabian v. Desierto (1998)] Under Rule 43, there is no need to implead the lower
court or agency which rendered the assailed
REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF decision. [Basmayor v. Atencio (2005)]
QUASI-JUDICIAL AGENCIES
Submission of the duplicate original or certified true
QJA to CA copy of judgment, order, resolution or ruling subject
Applicability of a petition for certiorari is essential to determine
Appeals from judgments or final orders of the CTA whether or not the court, body or tribunal which
and from awards, judgments, final orders or rendered the same indeed committed grave abuse of
resolutions of or authorized by any quasi-judicial discretion. Either a legible duplicate original or
agency (QJA) in the exercise of its quasi-judicial certified true copy thereof shall be submitted. If what
functions: (arranged alphabetically) is submitted is a copy, then it is required that the
same is certified by the proper officer of the court,
(a) Agricultural Inventions Board (AIB); tribunal, agency or office involved. This is to assure
(b) Board of Investments (BOI); that such copy is a faithful reproduction of the
(c) Bureau of Patents, Trademarks and Technology judgment, order, resolution or ruling subject of the
Transfer (BPTTT); petition. [Coca-cola v. Cabalo (2006)]
(d) Central Board of Assessment Appeals (CBAA);
(e) Civil Aeronautics Board (CAB); Recourse to a petition for certiorari under Rule 65
(f) Civil Service Commission (CSC); renders the petition dismissible for being the wrong
(g) Construction Industry Arbitration Commission; remedy. Nonetheless, there are exceptions to this
(h) Department of Agrarian Reform (DAR under RA rule:
6657) (a) when public welfare and the advancement of
(i) Employees Compensation Commission (ECC); public policy dictates;
(j) Energy Regulatory Board (ERB); (b) when the broader interest of justice so requires;
(k) Government Service Insurance System (GSIS); (c) when the writs issued are null and void; or
(l) Insurance Commission; (d) when the questioned order amounts to an
(m) Land Registration Authority (LRA); oppressive exercise of judicial authority. [DECS v.
(n) National Electrification Administration (NEA); Cuanan (2008)]
(o) National Telecommunications Commission
(NTC); QJA to CA to SC
(p) Office of the President (OP); Remedy is a petition for review on certiorari under
(q) Philippine Atomic Energy Commission (PAEC); Rule 45.
(r) Securities and Exchange Commission (SEC);
(s) Social Security Commission (SSC); QJA to SC
(t) Voluntary arbitrators authorized by law. Remedy is a petition for certiorari under Rule 65,
which is not an appeal.
A resolution of the DOJ Secretary is not appealable
under Rule 43. Recourse should be to the President, RELIEF FROM JUDGMENTS, ORDERS AND
instead of the CA, under the established principle of OTHER PROCEEDINGS
exhaustion of administrative remedies. [Orosa v. Roa Definition: It is a legal remedy whereby a party seeks
(2006)] to set aside a judgment rendered against him by a
court whenever he is unjustly deprived of a hearing
Exhaustion of Administrative Remedies or was prevented from taking an appeal because of
If an appeal/remedy obtains or is available within the fraud, accident, mistake or excusable negligence.
administrative machinery, this should be resorted to
before resort can be made to the courts. Francisco v. Puno (1981): A party who has filed a
timely motion for new trial or motion for
Under Rule 43, Sec. 4 the petition should be filed reconsideration can no longer file a petition for relief
within 15 days from: from judgment after his motion has been denied.
(a) Notice of the final order; or These remedies are mutually exclusive. It is only in

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appropriate cases where a party aggrieved by the Under both grounds, the petition shall be filed in the
judgment has not been able to file a motion for new same court which rendered the judgment and in the
trial or motion for reconsideration that a petition for very same case.
relief can be filed.
Prayer in Petition for Relief from Judgment
GROUNDS FOR AVAILING OF THE REMEDY (a) That the judgment/order/proceeding be set
Rule 38, Sec. 1. Petition for relief from judgment, aside;
order, or other proceedings. — When a judgment or (b) That the appeal be given due course.
final order is entered, or any other proceeding is
thereafter taken against a party in any court through Form and content of petition
fraud, accident, mistake, or excusable negligence, he (a) Must be verified;
may file a petition in such court and in the same case (b) Must be accompanied by an affidavit showing the
praying that the judgment, order or proceeding be fraud, accident, mistake or excusable negligence
set aside. relied upon;
(c) The affidavit of merit accompanying the petition
The relief provided for by Rule 38 is of equitable must also show the facts constituting the
character and is only allowed in exceptional cases, petitioner’s good and substantial cause of action
that is where there is no other available or adequate or defense.
remedy. A petition for relief is not regarded with
favor and judgment will not be disturbed where the An affidavit of merit serves as the jurisdictional basis
party complaining has or by his exercising proper for the court to entertain a petition for relief.
diligence would have had an adequate remedy at However, it is not a fatal defect to warrant denial of
law, as where petitioner could have proceeded by the petition so long as the facts required to be set
appeal to vacate or modify the default judgment. out also appear in the verified petition.
[Manila Electric v. CA (1990)]
When an Affidavit of Merit is Not Necessary
Petition for relief under Rule 38 is an admission that (a) When there is lack of jurisdiction over the
the period to appeal from the decision had already defendant;
expired. [David v. CA (1992)] (b) When there is lack of jurisdiction over the subject
matter;
TIME TO FILE PETITION
(c) When judgment was taken by default;
(d) When judgment was entered by mistake or was
Rule 38, Sec.3. Time for filing petition; contents and obtained by fraud; or
verification. — A petition provided for in either of the (e) Other similar cases.
preceding sections of this Rules must be verified,
filed within 60 days after the petitioner learns of the Two Hearings an a Petition for Relief from Judgment
judgment, final order, or other proceeding to be set (a) Hearing to determine whether or not the
aside, and not more than 6 months after such judgment should be set aside;
judgment or final order was entered, or such (b) If option a) is in the affirmative, hearing upon the
proceeding was taken; and must be accompanied merits of the case.
with affidavits showing the fraud, accident, mistake,
or excusable negligence relied upon, and the facts Other Remedies After Finality of Judgment
constituting the petitioner’s good and substantial (a) Action to Annul a Judgment
cause of action or defense, as the case may be. (b) Certiorari
(c) Collateral Attack of a Judgment that is Void on its
Both periods must concur. They are also non- Face
extendible and never interrupted.
ANNULMENT OF JUDGMENTS OR FINAL
CONTENTS OF PETITION ORDERS AND RESOLUTIONS
Rule 38, Sec.2. Petition for relief from denial of
appeal.—When a judgment of final order is rendered GROUNDS FOR ANNULMENT [Rule 47, Section 2]
by any court in a case, and a party thereto, by fraud, Grounds for Annulment
accident, mistake, or excusable negligence, has been
prevented from taking an appeal, he may file a Extrinsic Fraud
petition in such court and in the same case praying Extrinsic fraud - any fraudulent act of the prevailing
that the appeal be given due course. party in the litigation which is committed outside of
the trial of the case, whereby the unsuccessful party

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has been prevented from exhibiting fully his case. timely motion for new trial had been granted
[Tolentino v. Leviste (2004)] therein.

Fraud is regarded as extrinsic where it prevents a COLLATERAL ATTACK OF JUDGMENTS


party from having a trial or from presenting his entire (Asked in the 2004
REMEDIES FROM A VOID JUDGMENT
case to the court, or where it operates upon matters Bar Exams)
pertaining not to the judgment itself but to the
manner in which it is procured. [Tolentino v. Leviste WHAT IS A VOID JUDGMENT?
(2004)] A void judgment is no judgment at all. It cannot be
the source of any right nor the creator of any
Rationale: Party is prevented from having his day in obligation. All acts performed pursuant to it and all
court [Tolentino v. Leviste (2004)] claims emanating from it have no legal
effect. Hence, it can never become final and any writ
Note: Extrinsic fraud shall not be a valid ground if it of execution based on it is void. [Polystyrene
was availed of, or could have been availed of, in a Manufacturing v. Privatization Management (2007)]
motion for new trial or petition for relief. [Rule 47,
Sec. 2] A void judgment may be likened to a lawless thing
which can be treated as an outlaw and slain at sight,
Lack of Jurisdiction or ignored wherever and whenever it rears its head.
General Rule: Before a party can avail of the reliefs [Banco Espanol-Filipino v. Palanca (1918)]
provided for by Rule 47, it is a condition sine qua
non that one must have failed to move for new trial A judgment may be void for lack of due process of
in, or appeal from, or file a petition for relief against law. [Spouses Benatiro v. Heirs of Cuyos (2008))
said issuances or take other appropriate remedies
thereon, through no fault attributable to him. If he HOW DO YOU ATTACK A VOID JUDGMENT?
failed to avail of those cited remedies without It may be assailed anytime, collaterally or in a direct
sufficient justification, he cannot resort to the action action or by resisting such judgment or final order in
for annulment, for otherwise he would benefit from any action or proceeding whenever it is invoked,
his own inaction or negligence. [Lazaro v. Rural Bank unless barred by laches. [Spouses Benatiro v. Heirs of
of Francisco Balagtas (2003)] Cuyos (2008))

Exception: Stringent rules of procedures may be WHAT ARE YOUR REMEDIES?


relaxed to serve the demands of substantial justice If the reglementary period for appeal has not yet
and in the Court's exercise of equity jurisdiction lapsed, some remedies are New Trial and
[Almelor v. RTC of Las Piñas (2008)] Reconsideration. Appeal, Petition for Relief, and
Other Appropriate Remedies such as Certiorari may
PERIOD TO FILE ACTION [Rule 47, Sec. 3] also be used.
The period to file action for annulment of judgment is
dependent on the grounds: If the appropriate remedies are no longer available
(a) If it is based on extrinsic fraud, the action must be without the fault of the petitioner, the equitable and
filed within 4 years from its discovery extraordinary remedy of Petition for Annulment of
(b) If it is based on lack of jurisdiction, the action Judgment may be resorted to.
must be filed before it is barred by laches or
estoppels When all else fails, there is jurisprudence to the
effect that a patently void judgment may be dealt
EFFECTS OF JUDGMENT OF ANNULMENT [Rule 47, Sec. 7] with by a Main Action for Injunction. [See Barrameda
Effect: The judgment of annulment shall: v. Moir (1913)]
(a) set aside the questioned judgment or final order
or resolution; and SOME JURISPRUDENTIAL BASIS
(b) render the same null and void Remedial Law Jurisprudence such as Spouses
Benatiro v. Heirs of Cuyos, (2008) and Agustin v.
Note: The judgment is without prejudice to the Bacalan, (1985) on the matter of void judgment
original action being refiled in the proper court. Also, particularly refer to Rule 47 as a remedy against a
where the judgment or final order or resolution is set void judgment. This remedy, however, should be
aside on the ground of extrinsic fraud, the court may availed of only when the appropriate remedies are no
on motion order the trial court to try the case as if a longer available without fault on the part of the
petitioner.

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A final judgment or order is one that finally disposes


Although Section 2 of Rule 47 of the Rules of Court of a case, leaving nothing more to be done by the
provides that annulment of a final judgment or order Court in respect thereto, e.g., an adjudication on the
of an RTC may be based "only on the grounds of merits which, on the basis of the evidence presented
extrinsic fraud and lack of jurisdiction," jurisprudence at the trial, declares categorically what the rights
recognizes denial of due process as additional and obligations of the parties are and which party is
ground therefore (Spouses Benatiro Case). in the right; or a judgment or order that dismisses an
action on the ground, for instance, of res judicata or
Montinola v. Judge Gonzales (1989): a void judgment is prescription. Once rendered, the task of the Court is
like an outlaw which may be slain at sight wherever or ended, as far as deciding the controversy or
whenever it exhibits its head. The proper remedy in determining the rights and liabilities of the litigants
such case, after the time for appeal or review has is concerned. Nothing more remains to be done by
passed, is for the aggrieved party to bring an action the Court except to await the parties' next move
to enjoin the judgment. (which among others, may consist of the filing of a
motion for new trial or reconsideration, or the taking
Assuming the judgment to have been void as alleged of an appeal) and ultimately, of course, to cause the
by the proponent of this motion, the proper remedy execution of the judgment once it becomes 'final or,
was by an original proceeding and not by motion in to use the established and more distinctive term,
the cause" [Banco Espanol v. Palanca (1918)]. A final 'final and executory.
judgment may be annulled on the ground of lack of
jurisdiction, fraud, or that it is contrary to law. The proper remedy to question an improvident
[Panlilio v. Garcia (1982)] interlocutory order is a petition for certiorari under
Rule 65, not Rule 45. A petition for review under
Rule 45 is the proper mode of redress to question
only final judgments. [Investments, Inc. v. Court of
Appeals(1987)]
Execution, Satisfaction and
Execution is a matter of right upon the expiration of
Effect of Judgments the period to appeal and no appeal was perfected
from a judgment or order that disposes of the action
DIFFERENCE BETWEEN FINALITY OF JUDGMENT or proceeding. [Rule 39, Sec. 1]
FOR PURPOSES OF APPEAL; FOR PURPOSES OF
EXECUTION It can be noted that the Supreme Court made a
hairline distinction between finality of order for
The term “finality of judgment for purposes of appeals and for execution. It is submitted that upon
appeal” refers to interlocutory orders which: court’s issuance of a judgment touching upon the
(a) are not decisions within the constitutional merits of a case, it is final for the purposes of an
definition [Armargo v. CA (1973)] appeal, but NOT for execution. Finality for the
(b) are those that determine incidental matters that purposes of execution refers to the expiration of the
do not touch on the merits of the case or put an period to appeal and no appeal was perfected.
end to proceedings. The following are examples
of an interlocutory order: WHEN EXECUTION SHALL ISSUE
(1) an order denying a motion to dismiss; General rule: When the judgment or order becomes
(2) an order granting an extension of time to file a executory, the court cannot refuse to issue a writ of
pleading, or one authorizing an amendment execution.
thereof;
(3) order granting or denying applications for Exceptions: The issuance of a writ of execution which
postponement or inspection of documents. issues as a matter of right can be countered in any of
[Riano] the following cases (R-I-N-S-E-D):
(a) When a PETITION FOR RELIEF or an action to
The word interlocutory refers to something enjoin judgment is filed and a preliminary
intervening between the commencement and the injunction is prayed for and granted (Rule 38,
end of a suit which decides some point or matter but Sec. 5);
is not a final decision of the whole controversy. (b) When the judgment turns out to be INCOMPLETE
[Ramiscal, Jr. v. Sandiganbayan (2004)] OR IS CONDITIONAL since as a matter of law,
such judgment CANNOT BE FINAL;

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(c) When the judgment has been NOVATED BY THE and thereafter by action before it is barred by the
PARTIES statute of limitations.
(d) When SUBSEQUENT FACTS AND
CIRCUMSTANCES transpire as to render such The maximum period within which a final and
execution unjust or impossible executory judgment may be executed is 20 years
(e) On EQUITABLE GROUNDS as when there has [Rule 39, Sec. 6 in relation to New Civil Code provision
been a change in the situation of the parties on prescription of judgment]
which makes execution INEQUITABLE.
(f) When the judgment becomes DORMANT, the 5- Exceptions:
year period under Rule 39.6 having expired (a) Judgments for support WHICH DO NOT BECOME
without the judgment having been revived. DORMANT AND WHICH CAN BE EXECUTED BY
MOTION [Canonizado v. Benitez (1984)] except for
AEXECUTION AS A MATTER OF RIGHT support in arrears beyond 10 years from the date
See Annex D. they become due;
(b) Contempt orders by reason of unauthorized
General rule: An ex parte motion for the issuance of reentry on the land by the ejected defendant
the writ of execution would suffice since the trial [Azotes v. Blanco (1947)];
court may take judicial notice of the record of the (c) Issuance of writs of possession in FORECLOSURE
case to determine the propriety of the issuance CASES within the statute of limitations;
thereof. (d) Land registration proceedings (and other special
proceedings), hence the right to ask for a WRIT
Exception: However when the losing party shows that OF POSSESSION THEREIN NEVER PRESCRIBES
subsequent facts had taken place which would
render the execution unjust, a hearing on the motion DISCRETIONARY EXECUTION
should be held. [Luzon Surety v. Beson (1976)] See Annex E.

General rule: An appeal seasonably perfected shall General rule: Under the Rule on Discretionary
stay the execution of the judgment, unless Execution (also called execution pending appeal),
discretionary execution is granted by the court. the court rendering the judgment, if it still has
jurisdiction, may exercise discretion and order
Exceptions: However, judgments in the following execution pending appeal (Asked in the 2002 Bar
action, despite perfection of an appeal, shall be Exam). It is the execution of a judgment or final order
executed, unless the court orders otherwise: before it attains finality. The court which rendered
(a) injunction the decision can grant an execution pending appeal
(b) receivership if it still retains jurisdiction over the case and is in
(c) accounting possession of the records at the time of the filing of
(d) support the motion; otherwise, the motion shall be acted
(e) such other judgments as shall now or may upon by the appellate court. To be valid, there
hereafter be declared to be immediately should be a good reason to justify the execution of
executory the judgment pending appeal, the same to be stated
in the order granting it.
Judgments in these actions shall be enforceable
after their rendition and shall not, be stayed by an Exception: This rule, however, is inapplicable in the
appeal taken therefrom, UNLESS OTHERWISE case of the Court of Appeals.
ORDERED BY THE TRIAL COURT. (a) The Rule on Discretionary Execution
contemplates a situation where a judgment or
General rule: A final and executory judgment or order final order rendered in the exercise of its original
may be executed on motion within five (5) years from jurisdiction and the prevailing party in said
the date of its entry. [Rule 39, Sec. 6] decision seeks immediate execution during the
pendency of an appeal.
After the lapse of such time, and before it is barred (b) The CA has no authority to issue IMMEDIATE
by the statute of limitations, a judgment may be EXECUTION PENDING APPEAL OF ITS OWN
enforced by action. DECISIONS THEREIN.
(c) Discretionary execution is allowed pending
The revived judgment may also be enforced by appeal of judgment or final order of the trial court
motion within five (5) years from the date of its entry upon good reasons to be stated in a special order.

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Heirs of Justice J.B.L. Reyes v. CA (2000): A judgment (c) If it be for the sale of real or personal property, to
of the ca cannot be executed pending appeal. It is sell such property, describing it, and apply the
acquired either by the arrest of the accused or by his proceeds in conformity with the judgment, the
voluntary appearance in court. material parts of which shall be recited in the writ
of execution;
General rule: The filing of a supersedeas bond is (d) If it be for the delivery of the possession of real or
sufficient to stay the enforcement of a discretionary personal property, to deliver the possession of the
execution. same, describing it, to the party entitled thereto,
and to satisfy any costs, damages, rents, or profits
Exception: However, THE FILING OF SUPERSEDEAS covered by the judgment out of the personal
BOND does not entitle the judgment debtor to the property of the person against whom it was
suspension of execution as a MATTER OF RIGHT. rendered, and if sufficient personal property
Where the needs of the prevailing party are cannot be found, then out of the real property;
URGENT, the Court can order immediate execution and
despite such SUPERSEDEAS BOND. [Regalado] (e) In all cases, the writ of execution shall specifically
state the amount of the interest, costs, damages,
HOW A JUDGMENT IS EXECUTED rents, or profits due as of the date of the issuance
EXECUTION BY MOTION OR BY INDEPENDENT ACTION of the writ, aside from the principal obligation
[Rule 39, Sec. 6] under the judgment. For this purpose, the motion
for execution shall specify the amounts of the
When judgment/order may be executed by motion foregoing reliefs sought by the movant.
Within 5 years from the date of its entry
EXECUTION OF JUDGMENTS FOR MONEY (asked in the
When judgment/order may be executed by 2007 Bar Exam)
independent action
After the lapse of 5 years from date of its entry and Immediate payment on demand
before it is barred by the statute of limitations Procedure
The sheriff or executing officer demands from the
Note: The revived judgment may be enforced by judgment obligor the immediate payment of the
motion within five (5) years from the date of its entry full amount stated in the writ of execution and all
and thereafter by action before it is barred by the lawful fees.
statute of limitations.

ISSUANCE AND CONTENTS OF A WRIT OF EXECUTION [Rule


39, Sec. 8]
The judgment obligor shall pay in cash, certified
Writ of Execution bank check payable to the judgment obligee, or
(a) Issued in the name of of the Republic of the ANY OTHER FORM OF PAYMENT ACCEPTABLE
Philippines from the court which granted the TO THE LATTER (e.g., dacion en pago), the
motion; amount of the judgment debt under proper
(b) state the name of the court, the case number and receipt directly to the judgment obligee or his
title, the dispositive part of the subject judgment authorized representative if present at the time of
or order; and payment.
(c) require the sheriff or other proper officer to whom
it is directed to enforce the writ according to its
terms

Manner of Execution The lawful fees shall be handed under proper


(a) If the execution be against the property of the receipt to the executing sheriff who shall turn over
judgment obligor, to satisfy the judgment, with the said amount within the same day to the clerk
of court of the court that issued the writ.
interest, out of the real or personal property of
such judgment obligor;
(b) If it be against real or personal property in the
hands of personal representatives, heirs, devisees,
legatees, tenants, or trustees of the judgment
obligor, to satisfy the judgment, with interest, out
of such property;

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If the judgment obligee or his authorized If the judgment obligor cannot pay all or part
representative is not present to receive of the obligation in cash, certified bank check
payment, the judgment obligor shall deliver or other mode of payment acceptable to the
the aforesaid payment to the executing judgment obligee, the officer shall levy upon:
sheriff. The latter shall turn over all the (a) the properties of the judgment obligor of
amounts coming into his possession within every kind and nature whatsoever which
the same day to the clerk of court of the court may be disposed, of for value, and
that issued the writ, or if the same is not (b) not otherwise exempt from execution
practicable, deposit said amounts to a
fiduciary account in the nearest government
depository bank of the Regional Trial Court of
the locality.
The sheriff gives the judgment obligor the
option as to which of the property or part
thereof may be levied upon, sufficient to satisfy
the judgment.
The clerk of said court shall thereafter arrange
for the remittance of the deposit to the account
of the court that issued the writ whose clerk of
court shall then deliver said payment to the
judgment obligee in satisfaction of the
If the judgment obligor does not exercise the
judgment.
option, the officer shall first levy on the
personal properties, if any, and then on the real
properties if the personal properties are
insufficient to answer for the judgment.
The excess, if any, shall be delivered to the
judgment obligor while the lawful fees shall be
retained by the clerk of court for disposition as
provided by law. In no case shall the executing The sheriff shall sell only a sufficient portion of
sheriff demand that any payment by check be the personal or real property of the judgment
made payable to him. obligor which has been levied upon.

Satisfaction by levy
Nature
Levy means the act or acts by which an officer sets When there is more property of the judgment
apart or appropriates a part or the whole of the obligor than is sufficient to satisfy the judgment
property of the judgment debtor for purposes of the and lawful fees, he must sell only so much of
prospective execution sale [Llenares v. Vandevella the personal or real property as is sufficient to
(1966)]. satisfy the judgment and lawful fees.

If susceptible of appropriation, the officer removes


and takes the property for safekeeping; otherwise the
same is placed under sheriff’s guards. Without valid Levy Garnishment
levy having been made, any sale of the property
thereafter is void. seizure of property, the process of notifying a
personal and/or real, third person (the
belonging to the garnishee) to retain and
Procedure judgment debtor for attach the property he
subsequent execution has in his possession or
sale to satisfy judgment under his control
Garnishment is belonging to the
judgment debtor, to
make disclosure to the
court concerning the
same, and to dispose of

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Levy Garnishment The garnishee shall make a WRITTEN REPORT


to the court within five (5) days from service of
the same as the court the notice of garnishment stating whether or
shall direct to satisfy the not the judgment obligor has sufficient funds or
judgment. (Sec. 9, Rule credits to satisfy the amount of the judgment. If
39) not, the report shall state how much funds or
credits the garnishee holds for the judgment
Garnishment of debts and credits obligor.
Definition
Garnishment has been defined as a specie of
attachment for reaching credits belonging to the
judgment debtor and owing to him from a stranger
to the litigation [BPI v. Lee (2012)] The garnished amount in cash, or certified
bank check issued in the name of the judgment
Scope obligee, shall BE DELIVERED DIRECTLY TO
The officer may levy on debts due the judgment THE JUDGMENT OBLIGEE within ten (10)
obligor and other credits, including bank deposits, working days from service of notice on said
financial interests, royalties, commissions and other garnishee requiring such delivery, except the
personal property not capable of manual delivery in lawful fees which shall be paid directly to the
the possession or control of third parties. court.

The process of levying shall be called garnishment if


the property involved is money, stocks, or other
incorporeal property in the HANDS OF THIRD In the event there are two or more garnishees
PERSONS. Garnishment merely sets apart such holding deposits or credits sufficient to satisfy
funds but does not constitute the creditor as owner the judgment, the judgment obligor, if
of the garnished property. available, shall have the right to indicate the
garnishee or garnishees who shall be required
Garnishment is not a violation of RA 1405 on the to deliver the amount due, otherwise, the
secrecy of bank deposits. [Chinabank v. Ortega choice shall be made by the judgment obligee.
(1973)]

Notes: Upon service of the writ of garnishment, the


garnishee becomes a “virtual party” or “forced
intervenor” to the case and the trial court thereby The executing sheriff shall observe the same
acquires jurisdiction to bind the garnishee to comply procedure under IMMEDIATE PAYMENT ON
with its orders and processes. [BPI v. Lee (2012)] DEMAND with respect to delivery of payment to
the judgment obligee.
UP’s funds, being government funds, are not subject
to garnishment. Moreover, The execution of the
monetary judgment against the UP was within the EXECUTION OF JUDGMENTS FOR SPECIFIC ACTS
primary jurisdiction of the COA. [UP v. Dizon (2012)] Conveyance, delivery of deeds, or other specific acts
Under this situation, there is a judgment which
Procedure directs a party to execute a conveyance of land or
personal property, or to deliver deeds or other
Levy shall be made by SERVING NOTICE documents, or to perform, any other specific act IN
UPON THE PERSON OWING SUCH DEBTS OR CONNECTION THEREWITH.
HAVING IN HIS POSSESSION OR CONTROL
SUCH CREDITS TO WHICH THE JUDGMENT If the party so ordered fails to comply within a
OBLIGOR IS ENTITLED. The garnishment shall specified period, there are two possible remedies.
cover only such amount as will satisfy the Either:
judgment and all lawful fees. (a) the court may DIRECT THE ACT TO BE DONE AT
THE COST OF THE DISOBEDIENT PARTY by
some other person appointed by the court and
the act when so done shall have like effect as if
done by the party, or

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(b) if real or personal property is situated within the is rendered, or upon any other person required
Philippines, the court in lieu of directing a thereby, or by law, to obey the same, and such party
conveyance thereof may by an order divest the or person may be punished for contempt if he
title of any party and vest it in others, which shall disobeys such judgment.
have the force and effect of a conveyance
executed in due form of law. Special judgments are those which can be complied
with by the judgment obligor because of his personal
Sale of real or personal property qualifications or circumstances (e.g., a judgment
If judgment is rendered ordering the sale of real or ordering a partner to render an accounting, a
personal property, an order for execution shall be judgment ordering a party to comply with his
issued describing such property as may be ordered recording contract otherwise, pay damages).
sold, selling it, and applying the proceeds in
conformity with the judgment’s instructions. Note the difference with sections 9 and 10 (on
execution of money judgments and specific acts)
Delivery or restitution of real property where contempt is not a remedy against
The officer shall demand of the person against disobedience by a party.
whom the judgment for the delivery or restitution of
real property is rendered and all persons claiming EFFECT OF LEVY ON THIRD PERSONS [Rule 39, Sec. 12]
rights under him to peaceably vacate the property Effect
within three (3) working days, and restore possession The levy on execution shall create a lien in favor of
thereof to the judgment obligee. the judgment obligee over the right, title and interest
of the judgment obligor in such property at the time
Otherwise, the officer shall oust all such persons of the levy, subject to liens and encumbrances then
therefrom with the assistance, if necessary, of existing.
appropriate peace officers, and employing such
means as may be reasonably necessary to retake PROPERTIES EXEMPT FROM EXECUTION
possession, and place the judgment obligee in General rule: Except as otherwise expressly provided
possession of such property. by law, the following property, and no other, shall be
exempt from execution: (FOTNUP-LBS-GMRE)
Any costs, damages, rents or profits awarded by the (a) The judgment obligor's family home as provided
judgment shall be satisfied in the same manner as a by law, or the homestead in which he resides,
judgment for money. and land necessarily used in connection
therewith;
Removal of improvements on property subject of (b) Ordinary tools and implements personally used
execution by him in his trade, employment, or livelihood;
When the property subject of the execution contains (c) Three horses, or three cows, or three carabaos,
improvements constructed or planted by the or other beasts of burden, such as the judgment
judgment obligor or his agent, the officer shall not obligor may select necessarily used by him in his
destroy, demolish or remove said improvements ordinary occupation;
except upon special order of the court, issued upon (d) His necessary clothing and articles for ordinary
motion of the judgment obligee after the hearing personal use, excluding jewelry;
and after the former has failed to remove the same (e) Household furniture and utensils necessary for
within a reasonable time fixed by the court. housekeeping, and used for that purpose by the
judgment obligor and his family, such as the
Delivery of personal property judgment obligor may select, of a value not
In judgment for the delivery of personal property, the exceeding one hundred thousand pesos;
officer shall take possession of the same and (f) Provisions for individual or family use sufficient
forthwith deliver it to the party entitled thereto and for four months;
satisfy any judgment for money as therein provided. (g) The professional libraries and equipment of
judges, lawyers, physicians, pharmacists,
EXECUTION OF SPECIAL JUDGMENTS dentists, engineers, surveyors, clergymen,
When a judgment requires the performance of any teachers, and other professionals, not exceeding
act other than those mentioned in the two preceding three hundred thousand pesos in value;
sections (execution of judgment for money and specific (h) One fishing boat and accessories not exceeding
acts), a certified copy of the judgment shall be the total value of one hundred thousand pesos
attached to the writ of execution and shall be served owned by a fisherman and by the lawful use of
by the officer upon the party against whom the same which he earns his livelihood;

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(i) So much of the salaries, wages, or earnings of with the court and copies thereof promptly furnished
the judgment obligor for his personal services the parties. [Rule 39, Sec. 12]
within the four months preceding the levy as are
necessary for the support of his family; Notice Requirement
(j) Lettered gravestones; Before the sale of property on execution, notice
(k) Monies, benefits, privileges, or annuities thereof must be given as follows:
accruing or in any manner growing out of any (a) In case of perishable property, by posting written
life insurance; notice of the time and place of the sale in three
(l) The right to receive legal support, or money or (3) public places, preferably in conspicuous areas
property obtained as such support, or any of the (CPM) municipal or city hall, post office and
pension or gratuity from the Government; public market in the municipality or city where
(m) Properties specially exempted by law. (e.g., the sale is to take place, for such time as may be
property mortgaged to the DBP [Section 26, CA reasonable, considering the character and
458]; savings of national prisoners deposited condition of the property;
with the POSTAL SAVINGS BANK [Act 2489]; (b) In case of other personal property, by posting a
benefits from private retirement systems of similar notice in the three (3) public places above-
companies and establishments with limitations mentioned for not less than five (5) days;
[RA 4917]; laborer’s wages except for debts (c) In case of real property, by posting for twenty (20)
incurred for food, shelter, clothing and medical days in the three (3) public places
attendance [ART 1708, CIVIL CODE]; benefit abovementioned a similar notice particularly
payments from SSS [Section 16, RA 1161 AS describing the property and stating where the
AMENDED]) property is to be sold, and if the assessed value of
the property exceeds fifty thousand (P50,000.00)
Exception: However, no article or species of property pesos, by publishing a copy of the notice once a
mentioned in this section shall be exempt from: week for two (2) consecutive weeks in one
(a) execution issued upon a judgment recovered for newspaper selected by raffle, whether in English,
its price, or Filipino, or any major regional language
(b) upon a judgment of foreclosure of a mortgage published, edited and circulated or, in the
thereon. absence thereof, having general circulation in the
province or city;
Herrera v. Mcmicking (1909): The exemptions MUST (d) In all cases, written notice of the sale shall be
BE CLAIMED, otherwise they are deemed waived. It given to the judgment obligor, at least three (3)
is not the duty of the sheriff to set off the exceptions days before the sale, except as provided in
on his own initiative. paragraph (a) hereof where notice shall be given
the same manner as personal service of
Return of Writ of Execution pleadings and other papers as provided by
The writ of execution shall be returnable to the court section 6 of Rule 13.
issuing it immediately after the judgment has been
satisfied in part or in full. The notice shall specify the place, date and exact
time of the sale which should not be earlier than nine
If the judgment cannot be satisfied in full within o'clock in the morning and not later than two o'clock
thirty (30) days after his receipt of the writ, the officer in the afternoon (9am-2pm).
shall report to the court and state the reason
therefor. The place of the sale MAY BE AGREED UPON BY
THE PARTIES. In the absence of such agreement, the
Such writ shall continue in effect during the period sale of the property or personal property not capable
within which the judgment may be enforced by of manual delivery shall be held in the office of the
motion. clerk of court of the Regional Trial Court or the
Municipal Trial Court which issued the writ of or
The officer shall make a report to the court every which was designated by the appellate court.
thirty (30) days on the proceedings taken thereon
until the judgment is satisfied in full, or its effectivity In the case of personal property capable of manual
expires. delivery, the sale shall be held in the place where the
property is located. [Rule 39, Sec. 15]
The returns or periodic reports shall set forth the
whole of the proceedings taken, and shall be filed

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PENALTIES How property sold on execution (See table on Service


(Selling without notice and defacing notice) of summons upon different entities)
An officer selling without A person willfully
the notice prescribed by removing or defacing the PROCEEDINGS WHERE PROPERTY IS CLAIMED
section 15 of this Rule notice posted BY THIRD PERSONS
pay punitive damages in if done before the sale, or
the amount of P5,000 before the satisfaction of IN RELATION TO THIRD PARTY CLAIM IN ATTACHMENT AND
to any person injured the judgment if it be REPLEVIN
thereby, in addition to satisfied before the sale, Remedies of a Third-Party Claimant
his actual damages, shall be liable to pay (a) Summary hearing before the court which
both to be recovered by P5,000 to any person authorized the execution
motion in the same injured by reason thereof, (b) “Terceria” or third-party claim filed with the
action in addition to his actual sheriff
damages, to be (c) Action for damages on the bond posted by the
recovered by motion in judgment creditor
the same action (d) Independent reivindicatory action

Preventing Execution Sale The aforementioned are cumulative remedies and


At any time before the sale of property on execution, may be resorted to by a third-party claimant
the judgment obligor may prevent the sale by paying independently of or separately from and without
the amount required by the execution and the costs need of availing of the others. [Sy v. Discaya (1990)]
that have been incurred therein. [Rule 39, Sec. 18]
(a) This is akin to the equitable right of redemption Rules regarding terceria (third-party claims) (asked in
under Rule 68, which is available to the judgment the 2000 & 2005 bar exams)
obligor in judicial foreclosure of mortgage.
(b) The difference lies in the fact that under Rule 68, The third person whose property was levied on
a definite period is given. must make an affidavit of his title thereto or
right to the possession thereof stating the
Concluding the Execution Sale grounds of such right or title. He must serve
When the purchaser is the judgment obligee, and no the same upon the officer making the levy and
third-party claim has been filed, he need not pay the copy thereof upon the judgment obligee. The
amount of the bid if it does not exceed the amount of officer shall not be bound to keep the property
his judgment. If it does, he shall pay only the excess. as a general rule.
[Rule 39, Sec. 21]

By written consent of the judgment obligor and


obligee, or their duly authorized representatives, the
Sheriff is bound to keep the property when the
officer may adjourn the sale to any date and time
judgment obligee, on demand of the officer,
agreed upon by them. Without such agreement, he
files a bond approved by the court to indemnify
may adjourn the sale from day to day if it becomes
the third-party claimant in a sum not less than
necessary to do so for lack of time to complete the
the value of the property levied on.
sale on the day fixed in the notice or the day to which
it was adjourned [Rule 39, Sec. 22]. Written consent is
essential, otherwise the adjournment will be void
[Abrozar v. IAC (1988)]
In case of disagreement as to such value of the
Upon a sale of real property, the officer must give to bond, the same shall be determined by the
the purchaser a certificate of sale containing: court issuing the writ of execution.
(a) A particular description of the real property sold; No claim for damages for the taking or keeping of the
(b) The price paid for each distinct lot or parcel; property
Apart frommay be enforced
Rule 39, theagainst
only the bondprovisions
other unless the of the
(c) The whole price paid by him; action therefor is filed within one hundred twenty (120) days
Rules of date
Court dealing
(d) A statement that the right of redemption expires from the of the filing of with terceria or third party
the bond.
claims are Rule 57, Sec. 14 on preliminary
one (1) year from the date of the registration of attachment andnot
The officer shall Rule 60, Sec.
be liable 7 on replevin.
for damages for the taking or
the certificate of sale. Such certificate must be keeping of the property, to any third-party claimant if such
registered in the registry of deeds of the place bond is filed
where the property is situated. [Rule 39, Sec. 25] Northern Motors v. Coquia (1975): The third party
claimant CANNOT APPEAL NOR AVAIL OF

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CERTIORARI AS A REMEDY in the event that his (e) The right of redemption is transferable and may
claim was denied since HE IS A NONPARTY to the be voluntarily sold [Gomez v. La Germinal (1918)]
original action. but said right cannot be levied upon by the
judgment creditor. The creditor may not deprive
Intervention by a third-party claimant whose the debtor of any further rights to the property
property had been levied upon by the sheriff in the [Lichauco v. Olegario (1922)]
action from which the writ pursuant to which the levy
was made was issued must be made before rendition (f) In effecting redemption, the mortgagor has the
of judgment by the trial court. He can no longer duty of tendering payment (actual tender of
intervene once the trial court already issues a writ of payment of the redemption price) before the
execution. [Bautista] redemption period expires. [Banco Filipino
Savings and Mortgage Bank v. CA (2005)]
RULES ON REDEMPTION However, neither to make an offer to redeem nor
(a) There is no right of redemption where the to make tender of payment of the repurchase
property sold at judicial sale is personal property. price is necessary when the right to redeem is
exercised through the filing of a complaint to
(b) Real property sold or any part thereof sold redeem. The filing of an action to redeem within
separately, may be redeemed in the manner that period is equivalent to a formal offer to
hereinafter provided, by the following persons: redeem. [Vda. de Panaligan v. CA (1996)]
(1) The judgment obligor; or his successor in
interest in the whole or any part of the (g) Redemption price varies depending on who the
property; redemptioner is:
(2) A creditor having a lien by virtue of an (1) If judgment obligor: Purchase price
attachment, judgment or mortgage on the (i) 1 % interest thereon up to the time of
property sold, or on some part thereof, redemption
subsequent to the lien under which the (ii) Any amount of assessments or taxes which
property was sold. Such redeeming creditor is the purchaser may have paid thereon after
termed a redemptioner. [Rule 39, Sec. 27] purchase and interest on such last named
amount at the same rate.
(c) Redemption can be made by either: (iii) If the purchaser be also a creditor having
(1) JUDGMENT OBLIGOR, within one year from prior lien to that of the redemptioner, other
the date of registration of the certificate of than the judgment under which such
sale purchase was made, the amount of such
(2) REDEMPTIONER, within one year from the other lien, with interest.
date of registration of the certificate of sale; or
within 60 days from the last redemption by (2) If redemptioner: Amount paid on the last
another redemptioner. redemption
(3) BUT IN ALL CASES, the judgment obligor (i) 2% interest thereon.
shall have the entire period of 1 YEAR from the (ii) Any amount of assessments or taxes which
date of registration of the sale to redeem the the last redemptioner may have paid thereon
property. after redemption by him with interest on
(4) IF THE JUDGMENT OBLIGOR REDEEMS, no such last named amount;
further redemption is allowed and he is (iii) Amount of any liens held by said last
restored to his estate. redemptioner prior to his own with interest
(5) THE PERIOD FOR REDEMPTION IS NOT
SUSPENDED by an action to annul the EFFECTS OF REDEMPTION
foreclosure sale. [Rule 39, Sec. 29]
(a) If the judgment obligor redeems he must make
(d) If the certificate of sale is not registered, the the same payments as are required to effect a
period for redemption does not run [Garcia v. redemption by a redemptioner, whereupon, no
Ocampo (1959)]. But where parties agreed on the further redemption shall be allowed and he is
date of redemption, the statutory period for legal restored to his estate.
redemption was converted into one of (b) The person to whom the redemption payment is
conventional redemption and the period binding made must execute and deliver to him a
on them is that agreed upon. [Lazo v. Republic certificate of redemption acknowledged before a
Surety & Insurance Co., Inc (1970)] notary public or other officer authorized to take

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acknowledgments of conveyances of real (3) Use the property in the same manner it was
property. previously used;
(c) Such certificate must be filed and recorded in the (4) Make Necessary repairs to buildings thereon
registry of deeds of the place in which the while he occupies the property
property is situated and the registrar of deeds (5) Use it in the ordinary course of husbandry
must note the record thereof on the margin of the (6) Collect rents, earnings and income derived
record of the certificate of sale. from the property until the expiration of
(d) The payments mentioned in this and the last period of redemption.
preceding sections may be made to the purchaser
or redemptioner, or for him to the officer who [Rule 39, Sec. 33]
made the sale. (a) If no redemption be made within one (1) year from
the date of the registration of the certificate of
[Rule 39, Sec. 30] sale, the purchaser is entitled to a conveyance
A redemptioner must produce to the officer, or and possession of the property; or,
person from whom he seeks to redeem, and serve (b) if so redeemed whenever sixty (60) days have
with his notice to the officer elapsed and no other redemption has been
(a) a copy of the judgment or final order under which made, and notice thereof given, and the time for
he claims the right to redeem, certified by the redemption has expired, the last redemptioner is
clerk of the court wherein the judgment or final entitled to the conveyance and possession;
order is entered, OR, (c) but in all cases the judgment obligor shall have
(b) if he redeems upon a mortgage or other lien, a the entire period of one (1) year from the date of
memorandum of the record thereof, certified by the registration of the sale to redeem the
the registrar of deeds, OR property.
(c) an original or certified copy of any assignment (d) The deed shall be executed by the officer making
necessary to establish his claim; AND the sale or by his successor in office, and in the
(d) an affidavit executed by him or his agent, latter case shall have the same validity as though
showing the amount then actually due on the the officer making the sale had continued in
lien. office and executed it.
(e) Upon the expiration of the right of redemption,
[Rule 39, Sec. 31] the purchaser or redemptioner shall be
(a) Until the expiration of the time allowed for substituted to and acquire all the rights, title,
redemption, the court may, as in other proper interest and claim of the judgment obligor to the
cases, restrain the commission of waste on the property as of the time of the levy.
property by injunction, on the application of the (f) The possession of the property shall be given to
purchaser or the judgment obligee, with or the purchaser or last redemptioner by the same
without notice; officer unless a third party IS ACTUALLY
(b) but it is not waste for a person in possession of HOLDING THE PROPERTY adversely to the
the property at the time of the sale, or entitled to judgment obligor.
possession afterwards, during the period allowed
for redemption, to continue to use it in the same RECOVERY OF PURCHASE PRICE AND REVIVAL OF
manner in which it was previously used, or to use JUDGMENT:
it in the ordinary course of husbandry; or to make (a) A judgment co-debtor may compel a contribution
the necessary repairs to buildings thereon while from the others:
he occupies the property. (1) When property liable to an execution against
(c) The purchaser or a redemptioner shall not be several persons is sold thereon, and
entitled to receive the rents, earnings and income (2) more than a due proportion of the judgment
of the property sold on execution, or the value of is satisfied out of the proceeds of the sale of
the use and occupation thereof when such the property of one of them, or
property is in the possession of a tenant. (3) one of them pays, without a sale, more than
(d) All rents, earnings and income derived from the his proportion,
property pending redemption shall belong to the (b) A surety may compel repayment from the
judgment obligor until the expiration of his period principal:
of redemption. In all, the judgment debtor shall
exercise the following rights: When a judgment is upon an obligation of one of
(1) Remain in possession of the property them, as security for another, and the surety pays
(2) He cannot be ejected; the amount, or any part thereof, either by sale of
his property or before sale. [Section 35, Rule 39].

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from execution or forbid a transfer or


EXAMINATION OF JUDGMENT OBLIGOR WHEN disposition or interference with such property
JUDGMENT IS UNSATISFIED [Rule 39, Sec. 36] [Sec. 41]
(3) if the court finds the judgment debtor had an
WHEN EXAMINATION MAY BE MADE ascertainable interest in real property either
Any time after a return, stating that the judgment as mortgagor, mortgagee or otherwise, and
remains unsatisfied, in whole or in part, is made his interest can be ascertained without
controversy, the court may order a sale of such
HOW interest [Sec. 42].
Court issued an order requiring the judgment obligor (4) if the person alleged to have the property of
to appear and be examined concerning his property the judgment debtor or be indebted to him,
and income before such court or before a claims an adverse interest in the property or
commissioner appointed by it, at a specified time denies the debt, the court may authorize the
and place; and proceedings may thereupon be had judgment creditor to institute an action to
for the application of the property and income of the recover the property, forbid its transfer and
judgment obligor towards the satisfactions of the may punish disobedience for contempt [Sec.
judgment. 43]

Note: Judgment obligor may not be required to ENTRY OF SATISFACTION


appear before a court or commissioner outside the Satisfaction of a judgment shall be entered by the
province or city in which such obligor resides or is clerk of court in the court docket, and in the
found. execution book,
(a) upon the return of a writ of execution showing the
EXAMINATION OF OBLIGOR OF JUDGMENT full satisfaction of the judgment, or
OBLIGOR (b) upon the filing of an admission to the satisfaction
of the judgment executed and acknowledged in
DOES A PARTY LITIGANT ENJOY ANY DISCOVERY RIGHTS the same manner as a conveyance of real
AFTER THE PROMULGATION OF FINAL AND EXECUTORY property by the judgment obligee or by his
JUDGMENT? counsel
Yes. See Secs. 36-38, Rule 39 [Bautista] (c) UNLESS a revocation of his authority is filed, or
upon the endorsement of such admission by the
REMEDIES OF JUDGMENT CREDITOR IN AID OF EXECUTION judgment obligee or his counsel, on the face of
[Secs. 36-43] the record of the judgment. [Rule 39, Sec. 44]
(Asked in the 2008 Bar Exam particularly steps to be
taken if writ of execution is unsatisfied) Whenever a judgment is satisfied in fact, or otherwise
(a) If the execution is returned unsatisfied, he may than upon an execution on demand of the judgment
cause the examination of the judgment debtor as obligor,
to his property and income [Sec. 36] (asked in the (a) the judgment obligee or his counsel must execute
2002 bar exam) and acknowledge, or indorse an admission of the
(b) He may cause examination of the debtor of the satisfaction as provided in the last preceding
judgment debtor as to any debt owed by him or section,
to any property of the judgment debtor in his (b) and after notice and upon motion the court may
possession [Sec. 37]. order either the judgment obligee or his counsel
(c) If after examination, the court finds the property to do so, or may order the entry of satisfaction to
of the judgment debtor either in his own hands or be made without such admission. [Rule 39, Sec.
that of any person, the court may order the 45]
property applied to the satisfaction of the
judgment. EFFECT OF JUDGMENT OR FINAL ORDERS
(d) A party or other person may be compelled by an
order or subpoena to attend before the court or RES JUDICATA IN JUDGMENTS IN REM
commissioner to testify as provided in sect 36-37.
(1) if the court finds the earnings of the judgment Judgments or final order Conclusive as to
debtor are more than sufficient for his family’s
needs, it may order payment in installments Against a specific thing Title of the thing
[Sec. 40]
(2) the court may appoint a receiver for the
property of the judgment debtor not exempt

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(c) it must be a judgment on the merits


Judgments or final order Conclusive as to (d) there must be, between the first and second
actions, identity of parties, subject matter and
Probate of a will or The will or causes of action [Perez v. CA (2005)]
administration of the administration. However,
estate of a deceased the probate of a will or RES JUDICATA V. “LAW OF THE CASE” V. STARE DECISIS
person granting of letters of [Ayala Corporation V. Rosa-Diana Realty, (2000)]
administration shall only Res Judicata “Law of the Stare Decisis
be prima facie evidence Case”
of the death of the The ruling in Operates only in
testator or intestate; one case is the particular
IN RESPECT TO THE Condition, status or carried over and single case
PERSONAL, political, or relationship of the to another where the ruling
legal condition or status person, case between arises and is not
of a particular person or the same carried into
his relationship to parties other cases as a
another precedent
The ruling Once a point of
RES JUDICATA IN JUDGMENTS IN PERSONAM adhered to in law has been
In other cases, the judgment or final order is, with the particular established by
respect to the matter directly adjudged or as to any case need not the court, that
other matter that could have been missed in relation be followed as a point of law will,
thereto, conclusive: precedent in generally, be
(a) between the parties and subsequent followed by the
(b) their successors in interest, by title subsequent to litigation same court and
the commencement of the action or special between other by all courts of
proceeding, litigating for the same thing and parties lower rank in
under the same title and in the same capacity. subsequent
cases where the
CONCLUSIVENESS OF JUDGMENT/PRECLUSION OF ISSUES same legal issue
(AUTER ACTION PENDANT) is raised
In any other litigation between the same parties or
their successors in interest, that only is deemed to ENFORCEMENT AND EFFECT OF FOREIGN
have been adjudged in a former judgment or final JUDGMENTS OR FINAL ORDERS
order which appears upon its face to have been so
adjudged, or which was actually and necessarily EFFECT OF FOREIGN JUDGMENTS (Asked in the 2005 Bar
included therein or necessary thereto. Exam)
(a) In case of a judgment or final order upon a
specific thing, the judgment or final order, is
Bar by former judgment Conclusiveness of conclusive upon the title to the thing [Rule 39,
(res judicata) judgment Sec. 48]
(b) In case of a judgment or final order against a
There is identity of Identity of parties and person, the judgment or final order is
parties, subject matter subject matter. presumptive evidence of a right as between the
and causes of action parties and their successors in interest by a
The first judgment The first judgment is subsequent title [Rule 39, Sec. 48]
constitutes an absolute conclusive only as to (c) In either case, the judgment or final order may be
bar to all matters matters directly repelled by evidence of a want of jurisdiction,
directly adjudged and adjudged and actually want of notice to the party, collusion, fraud, or
those that might have litigated in the first clear mistake of law or fact [Rule 39, Sec. 48]
been adjudged. action. Second action (d) Such limitation on the review of foreign judgment
can be prosecuted. is adopted in all legal systems to avoid repetitive
litigation on claims and issues, prevent
REQUISITES OF RES JUDICATA harassment of the parties and avoid undue
(a) finality of the former judgment; imposition on the courts.
(b) the court which rendered it had jurisdiction over (e) This policy of preclusion rests on principles of
the subject matter and the parties comity, utility and convenience of nations.

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(f) As a generally accepted principle of international PURPOSES


law, it is part of the law of the Philippines by (a) To seize the property of the debtor in advance of
virtue of the Incorporation Clause [Section 2, final judgment and to hold it for purposes of
Article II of the 1987 Constitution] [Regalado] satisfying the said judgment.
(b) To enable the court to acquire jurisdiction over
the action by the actual or constructive seizure of
Provisional Remedies the property in those instances where personal
service of summons on the creditor cannot be
effected. [Quasha v. Juan (1982)]
NATURE OF PROVISIONAL REMEDIES
DEFINITION GROUNDS FOR ISSUANCE OF WRIT OF ATTACHMENT [Rule
Writs and processes available during the pendency 57, Sec. 1] (Asked in 2001 and 2005)
of the action which may be resorted to by a litigant
for the preservation or protection of their rights and There are only specific situations where preliminary
interests therein pending rendition, and for purposes attachment may issue:
of the ultimate effects, of a final judgment in the (a) Action for recovery of a specified amount of
case; also known as ancillary or auxiliary remedies. money or damages, EXCEPT moral and
exemplary,
They are applied to a pending litigation, for the (1) on a cause of action arising from law, contract,
purpose of securing the judgment or preserving the quasi-contract, delict, or quasi-delict
status quo, and in some cases after judgment, for the (2) against a party who is about to depart from
purpose of preserving or disposing of the subject the Philippines with intent to defraud his
matter. [Calo v. Roldan (1946)] creditors;

Orders granting or denying provisional remedies are (b) Action for money or property, embezzled or
merely interlocutory and cannot be the subject of an fraudulently misapplied or converted to his own
appeal. They may however be challenged before a use by either:
superior court through a petition for certiorari under (1) a public officer, an officer of a corporation, an
Rule 65. attorney, factor, broker, agent, or clerk, in the
course of his employment as such,
JURISDICTION OVER PROVISIONAL REMEDIES (2) OR by any other person in a fiduciary capacity,
All inferior courts can grant appropriate provisional or for a willful violation of duty;
remedies provided that the main action is within
their jurisdiction. [B.P. 129, Section 33] (c) Action to recover the possession of property
unjustly or fraudulently taken, detained or
PRELIMINARY ATTACHMENT (Asked in the 2002 converted,
Bar Exam)
when the property, or any part thereof, has been
DEFINITION concealed, removed, or disposed of to prevent its
A provisional remedy issued upon order of the court being found or taken by the applicant or an
where an action is pending to be levied upon the authorized person;
property of the defendant so the property may be
held by the sheriff as security for the satisfaction of NOTE: rule makes no distinction between real
whatever judgment may be rendered in the case and personal property [Riano]
[Davao Light v CA ](1991)
(d) Action against a party who has been guilty of a
A preliminary attachment may be applied for fraud in contracting the debt or incurring the
(a) at the commencement of the action or obligation upon which the action is brought, OR
(b) at any time before the entry of judgment. in the performance thereof;

It may be applied for by the plaintiff OR any proper NOTE: the delivery of counterfeit money or
party (including a defendant who filed a knowingly issuing a bounced check are
counterclaim, cross-claim, or a third party complaint) considered as grounds under this rule [Riano]

(e) Action against a party who has removed or


disposed of his property, or is about to do so,
AND with intent to defraud his creditors; or

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by the court in which the action is pending,


(f) Action against a party who does not reside and is
not found in the Philippines, OR on whom It must require the sheriff of the court to attach so
summons may be served by publication. much of the property in the Philippines of the party
against whom it is issued, not exempt from
Note: the rule also refers to persons on whom execution, as may be sufficient to satisfy the
summons may be served by publication and applicant's demand, EXCEPT if such party makes
against whose property, preliminary attachment deposit or gives bond in an amount equal to that
may be availed of such as: fixed in the order. The amount may be
(1) Residents defendants whose identity or whose (a) sufficient to satisfy applicant’s demand, or
whereabouts are unknown [Rule 14, Sec. 14] (b) the value of the property to be attached,
(2) Resident defendants who are temporarily out exclusive of costs.
of the country [Rule 14, Sec. 16]
Several writs may be issued at the same time to the
Note: A writ of preliminary attachment is too harsh a sheriffs of the courts of different judicial regions.
provisional remedy to be issued based on
mere abstractions of fraud. Rather, the rules require Contents of affidavit of applicant [Rule 57, Sec. 3]
that for the writ to issue, there must be a recitation of An order of attachment shall be granted only when it
clear and concrete factual appears in the affidavit that:
circumstances manifesting that the debtor practiced (a) a sufficient cause of action exists
fraud upon the creditor at the time of the execution (b) the case is one of those mentioned in Rule 57.1
of their agreement in that said debtor had a (c) there is no other sufficient security for the claim
preconceived plan or intention not to pay the sought to be enforced by the action
creditor. [Equitable v. Special Steel (2012)] (d) the amount due to the applicant or the value of
the property the possession of which he is
Stages in the grant of preliminary attachment entitled to recover, is as much as the sum for
(a) The court issues the order granting the which the order is granted above all legal
application counterclaims.
(b) The writ of attachment issues pursuant to the
order granting the writ The affidavit and the bond must be filed with the
(c) The writ is implemented court before the order issues.

For the first two stages, jurisdiction over the person Condition of applicant’s bond [Rule 57, Sec. 4]
of the defendant is NOT necessary. However, once Applicant must give a bond executed to the adverse
the implementation of the writ commences, the party in the amount fixed by the court in its order
court must have acquired jurisdiction over the granting the issuance of the writ conditioned that the
defendant. [Cuartero, supra] applicant will pay:
(a) all the costs which may be adjudged to the
REQUISITES adverse party and
(a) Case must be any of those where preliminary (b) all damages which the adverse party may sustain
attachment is proper by reason of the attachment if the court shall
(b) Applicant must file a motion (ex parte or with finally adjudge that the applicant was not
notice and hearing) entitled thereto.
(c) Applicant must show by affidavit (under oath)
that there is no sufficient security for the claim Note: the bond shall only be applied to all damages
sought to be enforced; sustained due to the attachment. It cannot answer
(d) Applicant must post an attachment bond for those that do not arise by reason of the
executed to the adverse party (Rule 57, Sec. 3) attachment [Riano].

ISSUANCE AND CONTENTS OF ORDER OF ATTACHMENT; RULE ON PRIOR OR CONTEMPORANEOUS SERVICE OF


AFFIDAVIT AND BOND SUMMONS
General Rule: A writ of attachment may be issued ex
Issuance and contents of order of attachment [Rule parte even before the summons is served upon the
57, Sec. 2] defendant. BUT a writ may not be implemented until
An order of attachment may be issued EITHER jurisdiction over the person is acquired by service of
(a) ex parte or summons. Otherwise, the implementation is null and
(b) upon motion with notice and hearing void. [Riano]

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Exceptions to Contemporaneous Service of any, or with such other person or his agent if
Summons: [Rule 57, Sec. 5] found within the province.
(a) Summons could not be served personally or by
substituted service despite diligent efforts, or Where the property has been brought under the
(b) Defendant is a resident of the Philippines operation of either the Land Registration Act or
temporarily absent therefrom, or the Property Registration Decree, the notice
(c) Defendant is a non-resident, or shall contain a reference to the number of the
(d) The action is in rem or quasi in rem. certificate of title, the volume and page in the
registration book where the certificate is
Sheriff’s Return [Rule 57, Sec. 6] registered, and the registered owner or owners
The sheriff, after enforcing the writ, shall make a thereof.
return to the court which issued the writ stating the
ff: (b) Personal property capable of manual delivery
(a) a full statement of his proceedings under the writ by taking and safely keeping it in the sheriff’s
(b) a complete inventory of the property attached, custody, after issuing the corresponding receipt
together with any counter-bond given by the therefor;
party against whom attachment is issued
(c) Stocks or shares, or an interest in stocks or shares,
The sheriff shall serve copies of the return to the of any corporation or company
applicant.
by leaving with the president or managing agent
MANNER OF ATTACHING REAL AND PERSONAL PROPERTY; thereof,
WHEN PROPERTY ATTACHED IS CLAIMED BY THIRD PERSON (1) a copy of the writ, and
(2) a notice stating that the stock or interest of
Manner of attaching property [Rule 57, Sec. 5] the party against whom the attachment is
The sheriff enforcing the writ shall attach only so issued is attached in pursuance of such writ;
much of the property in the Philippines of the
adverse party not exempt from execution as may be (d) Debts and credits, including bank deposits, financial
sufficient to satisfy the applicant’s demand, UNLESS interest, royalties, commissions, and other personal
(a) Party against whom writ is issued makes a property not capable of manual delivery
deposit with the court from which the writ is
issued, or by leaving with the person owing such debts, or
(b) He gives a counter-bond executed to the having in his possession or under his control, such
applicant credits or other personal property, or with his
agent,
The levy on attachment shall be preceded or (1) a copy of the writ, and
contemporaneously accompanied by service on the (2) A notice that the debts owing by him to the
defendant within the Philippines of: party against whom attachment is issued, and
(a) summons the credits and other personal property in his
(b) copy of complaint possession, or under his control, belonging to
(c) application for attachment said party, are attached in pursuance of such
(d) affidavit and bond of applicant writ;
(e) order and writ of attachment.
(e) Interest of the party whom attachment is issued in
Manner of attachment of real and personal property property belonging to the estate of the decedent
[Rule 57, Sec. 7]: (1) by serving the executor or administrator or
(a) Real property, or growing crops thereon, or any other personal representative of the decedent
interest therein with a copy of the writ and notice that said
(1) filing with the registry of deeds: interest is attached and
(i) a copy of the order, together with a (2) By filing a copy of the writ and notice in the
description of the property attached, office of the clerk of the court in which said
(ii) notice that it is attached, or that such real estate is being settled and served upon the
property and any interest therein held by or heir, legatee or devisee concerned.
standing in the name of such other person
are attached, Note:
(2) leaving a copy of such order, description, and Property in custodia legis may be attached by:
notice with the occupant of the property, if

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(a) filing a copy of the writ of attachment with the


proper court or quasi-judicial agency
(b) Serving a notice of attachment upon the Perla Compania v. Ramolete, 1991: Service of
custodian of the property [Rule 57, Sec. 7] summons upon the garnishee is not necessary. All
that is necessary is the service upon him of the writ of
A previously attached property may also be garnishment, as a consequence of which he becomes
subsequently attached. But the first attachment a virtual party or a forced intervenor in the case.
shall have priority over subsequent attachments.
[Riano] Attachment of interest in property belonging to the
estate of a decedent [Rule 57, Sec. 9]
Proceedings Where Attached Property Claimed By The attachment of the interest of an heir, legatee, or
Third Person devisee in the property belonging to the estate of a
A third person who has a claim to the property decedent shall not impair the power of the executor,
attached may avail of the following remedies: administrator, or other personal representative of the
(a) By terceria – making an affidavit of his title or decedent over such property for the purpose of
right to possession, stating the grounds of such administration.
right or title. The affidavit must be served upon
the sheriff and the attaching procedure [Rule 57, When any petition for distribution is filed, such
Sec. 14] personal representative shall report the attachment
to the court, and in the order made upon such
Note: the same procedure under Rule 39, Sec. 16 is petition, distribution may be awarded to such heir,
followed legatee, or devisee, but the property attached shall
be ordered delivered to the sheriff making the levy,
(b) Motion for summary hearing on his claim subject to the claim of such heir, legatee, or devisee,
(c) File a separate action to nullify the levy with or any person claiming under him.
damages due to the unlawful levy and seizure.
Sale of attached property
The remedies stated are CUMULATIVE and any one Whenever it shall be made to appear to the court in
of them may be resorted to without availing of the which the action is pending, upon hearing with
other remedies [Ching v. CA (2004)] notice to both parties, that
(a) the party attached is perishable, or that
Effects of attachment (b) the interests of all the parties to the action will be
Attachment of debts, credits and all other similar will be subserved by the sale thereof,
personal property [Rule 57, Sec. 8] the court may order such property to be sold at
All persons public auction in such manner as it may direct, and
(a) having in their possession or under their control the proceeds of such sale to be deposited in court to
any credits or other similar personal property abide the judgment in the action. [Rule 57, Sec. 11]
belonging to the adverse party, or
(b) owing any debts to him, at the time of service NOTE: This is an exception to the general rule that
upon them of the copy of the writ of attachment the issuance of a writ of attachment is only a
and notice shall be liable to the applicant for the provisional remedy, thus no sale of the property
amount of such credits, debts or other similar should be made during the pendency of the action.
personal property, until the attachment is [Riano]
discharged, or any judgment recovered by him is
satisfied, unless such property is delivered or DISCHARGE OF ATTACHMENT AND THE COUNTER-BOND
transferred, or such debts are paid, to the clerk, Discharge of attachment
sheriff, or other proper officer of the court issuing After a writ of attachment has been enforced, the
the attachment. party whose property has been attached, or the
person appearing on his behalf, may move for the
Garnishment.— A species of attachment for reaching discharge of the attachment wholly or in part on the
the property or credits pertaining or payable to a security given.
judgment debtor (asked in the 1999 Bar Exams in
comparison with Attachment). It is a warning to a Grounds for discharge
person who has in possession property or credits of (a) Debtor has posted a counter-bond or has made
the judgment debtor not to pay the money nor the requisite cash deposit [Rule 57, Sec. 12];
deliver the property to latter but to appear and (b) Attachment was improperly or irregularly issued
answer the plaintiff’s suit. [Rule 57, Sec. 13] as where there is no ground for

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attachment, or affidavit and/or bond filed or sureties after notice and summary hearing in
therefore are defective or insufficient; the same action. [Rule 57, Sec. 17]
(c) Attachment is excessive but the discharge shall
be limited to the excess [Rule 57, Sec. 13]; (b) Where the party against whom attachment had
(d) Property attached is exempt from execution [Rule been issued has deposited money instead of
57, Sec. 2 and Rule 57, Sec. 5]; giving counter-bond, it shall be applied under the
(e) Judgment is rendered against the attaching direction of the court to the satisfaction of any
creditor [Rule 57, Sec. 19]. judgment rendered in favor of the attaching
party, and after satisfying the judgment the
SATISFACTION OF JUDGMENT OUT OF PROPERTY ATTACHED balance shall be refunded to the depositor or his
The sheriff may cause judgment to be satisfied out of assignee.
the property attached if it be sufficient for that
purpose in the following manner: (c) If the judgment is in favor of the party against
(1) By paying to the judgment obligee the proceeds whom attachment was issued, the whole sum
off all sales of perishable or other property sold in deposited must be refunded to him or his
pursuance of the order of the court, or so much as assignee. [Rule 57, Sec. 18]
shall be necessary to satisfy the judgment;
(2) If any balance remains due, by selling so much of (d) If judgment be rendered against the attaching
the property, real or personal, as may be party, all the proceeds of sales and money
necessary to satisfy the balance, if enough for collected or received by the sheriff, under the
that purpose remain in the sheriff’s hands, or in order of attachment, and all property attached
those the clerk of the court; remaining in any such officer's hands, shall be
(3) By collecting from all persons having in their delivered to the party against whom attachment
possession credits belonging to the judgment was issued, and the order of attachment
obligor, or owing debts to the latter at the time of discharged. [Rule 57, Sec. 19]
the attachment of such credits or debts, the
amount of such credits or debts as determined by Improper, Irregular or Excessive Attachment (Asked in
the court in the action, and stated in the the 2008 bar exam)
judgment, and paying the proceeds of such An application for damages must be filed before the
collection over to the judgment obligee. [Rule 57, trial, or before appeal is perfected, or before the
Sec. 15] judgment becomes executory.

Balance due collected upon an execution; excess Such damages may be awarded only after hearing
delivered to the judgment obligor and shall be included in the judgment on the main
(a) If after realizing upon all the property attached, case. [Rule 57, Sec. 20]
including the proceeds of any debts or credits
collected, and applying the proceeds to the Procedure for claiming damages is EXCLUSIVE.
satisfaction of the judgment less the expenses of Such claims for damages cannot be the subject of an
proceedings upon the judgment, any balance independent action.
shall remain due, the sheriff must proceed to
collect such balance as upon ordinary execution. Exceptions:
(b) Whenever the judgment shall have been paid, the (a) Where the principal case was dismissed for lack
sheriff, upon reasonable demand, must return to of jurisdiction by the trial court without giving
the judgment obligor the attached property opportunity to the party whose property was
remaining in his hands, and any proceeds of the attached to apply for and prove his claim; and
sale of the property attached not applied to the (b) Where the damages by reason of the attachment
judgment. [Rule 57, Sec. 16] was sustained by a third person who was not a
party to the action wherein such writ was issued.
Recovery Upon the Counter-Bond; Disposition of [Santos v. CA (1954)]
Deposit/ Attached Property After Judgment
(a) When the judgment has become executory, the
surety or sureties on any counter-bond given to
secure the payment of the judgment shall
become charged on such counter-bond and
bound to pay the judgment obligee upon
demand the amount due under the judgment,
which amount may be recovered from such surety

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PRELIMINARY INJUNCTION Status Quo Order vs. Injunction (Asked in the 2006
bar exams)
DEFINITIONS AND DIFFERENCES: DRELIMINARY A status quo order is in the nature of a cease and
INJUNCTION AND TEMPORARY RESTRAINING ORDER; desist order. It is resorted to when the projected
STATUS QUO ANTE ORDER proceedings in the case made the conservation of
the status quo desirable or essential, but the affected
A preliminary injunction is an order granted at any party neither sought such relief nor did the
stage of an action or proceeding prior to the allegations in his pleading sufficiently make out a
judgment or final order, requiring a party or a court, case for a temporary restraining order.
agency or a person to either
(a) refrain from a particular act or acts or It does NOT direct the doing or undoing of acts but is
(b) require the performance of a particular act or an order to maintain the last, actual, peaceable and
acts, in which case it shall be known as a uncontested state of things which preceded the
preliminary mandatory injunction controversy.

A suit for injunction is an action in personam. It is an Status Quo Ante Order


ancillary or preventive remedy that is meant to be Directs the maintenance of the condition prevailing
temporary and subject to the final disposition of the before the promulgation of the assailed decision.
principal action [Riano]
It has the nature of a TRO. [Dojillo v. COMELEC,
Purpose 2006]
To prevent future injury and maintain the status quo
(i.e. the last actual, peaceable, uncontested status REQUISITES
which preceded the pending controversy) for [Knecht Requirements for Preliminary Injunction [Rule 58,
v. CA, (1993)] Sec. 4]
(a) There must be a verified application
Note: the injunction should not establish new (b) The application must show facts entitling the
relations between the parties but merely re-establish applicant to the relief demanded.
the pre-existing relationship between them.
It must establish he has a right and the act
TRO vs. Injunction against which the injunction is directed is violative
of such right [PNB v. Timbol (2005)]
TRO Injunction
(c) A bond must be filed, unless exempted, in the
May be granted ex parte Cannot be granted court where the action/proceeding is pending, in
if great and irreparable without notice and an amount to be fixed by the court (asked in the
injury would result hearing 2006 Bar exam)
otherwise (d) Prior notice and hearing for the party/person
sought to be enjoined.
(a) A TRO is issued in order to preserve the status
quo until the hearing of the application for Exceptions:
preliminary injunction. [Bacolod City Water v. (a) Great or irreparable injury would result to the
Labayen (2004)] applicant before the matter can be heard on
notice.
(b) Same requirements for application as preliminary (1) The court may issue a TRO effective for 20
injunction. days from service on the party sought to be
enjoined.
(c) An application for a TRO shall be acted upon only (2) Injury is “irreparable” if it is of such constant
after all parties are heard in a summary hearing, and frequent recurrence that no fair or
which shall be conducted within 24 hours after reasonable redress can be had therefore in
the sheriff's return of service and/or the records court of law or where there is no standard by
are received by the branch selected by raffle. which their amount can be measured with
[Rule 58, Sec.4] reasonable accuracy.
(b) Matter is of extreme urgency and the applicant
will suffer grave injustice and irreparable injury
(1) Judge may issue ex parte a TRO effective for
72 hours from issuance.

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(2) Within 72 hours, judge shall conduct a (i) Transfer of possession of property to party with
summary hearing to determine whether the disputed legal title via preliminary injunction
TRO shall be extended until the application
for preliminary injunction can be heard. Exceptions:
(3) Maximum period of effectivity of TRO = 20 (a) Forcible entry and unlawful detainer cases in
days (including 72 hrs) which the court may issue preliminary mandatory
injunction [Rule 70, Sec. 15]
If the application for preliminary injunction is denied (b) Property covered by Torrens Title when there is a
or not resolved within said period, the TRO is clear finding of ownership and possession of the
deemed automatically vacated. land. [GSIS v. Florendo(1989)]

KINDS OF INJUNCTION Other instances where writ is not available:


Preliminary Preventive Injunction
prohibits the performance of a particular act or acts (a) Sec. 78, RA 9136: the implementation of the
provisions of the Electric Power Industry Reform
When preventive injunction does not lie Act of 2001 shall not be restrained or enjoined
(a) To restrain collection of taxes [Valley Trading v. except by an order issued by the Supreme Court.
CA](1989), except where there are special
circumstances that bear the existence of (b) Sec. 1, PD 605: no court of the Philippines shall
irreparable injury. [Churchill & Tait v. Rafferty have jurisdiction to issue any restraining order,
(1915)] preliminary injunction or preliminary mandatory
(b) To restrain the sale of conjugal properties where injunction in any case involving or growing out of
the claim can be annotated on the title as a lien, the issuance, approval or disapproval, revocation
such as the husband’s obligation to give support. or suspension of, or any action whatsoever by the
[Saavedra v. Estrada (1931)] proper administrative official or body on
(c) To restrain a mayor proclaimed as duly elected concessions, licenses, permits, patents, or public
from assuming his office. [Cereno v. Dictado grants of any kind in connection with the
(1988)] disposition, exploitation, utilization, exploration,
(d) To restrain registered owners of the property from and/or development of the natural resources of
selling, disposing and encumbering their property the Philippines.
just because the respondents had executed
Deeds of Assignment in favor of petitioner. [Tayag (c) Sec. 2, PD 385: no restraining order, temporary or
v. Lacson (2004)] permanent injunction shall be issued by the court
(e) Against consummated acts. [PNB v. Adi (1982); against any government financial institution in
Rivera v. Florendo (1986); Ramos, Sr. v. CA (1989)] any action taken by such institution in compliance
Exception: If the act is of continuing nature and in with the mandatory foreclosure whether such
derogation of plaintiff’s right at the outset. restraining order, temporary or permanent
(f) Against disposing of the case on the merits injunction is sought by the borrower(s) or any
[Ortigas and Company Limited Partnership v. CA third party or parties, except after due hearing in
(1988)] which it is established by the borrower and
(g) To stop the execution of judgment where the admitted by the government financial institution
judgment was already executed. [Meneses v. concerned that twenty percent (20%) of the
Dinglasan (1948)] outstanding arrearages has been paid after the
filing of foreclosure proceedings.
Exception: But where the lower court enforced its
judgment before a party against whom the Preliminary Mandatory Injunction
execution was enforced could elevate her appeal Requires the performance of a particular act or acts
in an injunction suit, which was instituted to
prevent said execution, an independent petition Requisites of mandatory injunction
for injunction in the Court of Appeals is justified. (a) Invasion of the right is material and substantial
[Manila Surety and Fidelity v. Teodoro (1967)] (b) Right of the complainant is clear and
unmistakable
(h) The CFI has no power to issue a writ of injunction (c) Urgent and paramount necessity for the writ to
against the Register of Deeds if its effect is to prevent serious damages [Bautista v. Barcelona
render nugatory a writ of execution issued by the (1957)]
National Labor Relations Commission. [Ambrosio (d) The effect would not be to create a new relation
v. Salvador (1978)] between the parties [Alvaro v. Zapata, (1982)]

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Rule 58 Provides for both a Main Action for Injunction


Mandatory injunction does not lie in the following and an Ancillary Writ of Preliminary Injunction (Asked
instances: in the 2006 Bar Exam)
(a) to compel cohabitation [Arroyo v. Vasquez (1921)]
(b) cancellation of attachment [Levy Hermanos v. Injunction Preliminary injunction
Lacson (1940)]
(c) release imported goods pending hearing before Main action Ancillary; exists only as
the Commissioner of Customs. [Commissioner of part or incident of an
Customs v. Cloribel (1967)] independent action or
(d) to take property out of the possession or control proceeding
of one party and place it into that of another seeks a judgment sole object of which is to
whose title has not clearly been established [Pio embodying a final preserve the status quo
v. Marcos (1974)] injunction until the merits can be
heard
Based on all evidence based solely on initial
Injunction Prohibition gathered by court to and incomplete evidence
determine main action
Generally directed Directed against a
against a party in the court/tribunal/person As a matter of course, in an action for injunction, the
action exercising judicial auxiliary remedy of preliminary injunction, whether
powers prohibitory or mandatory, may issue.
Does not involve the may be on the ground
court’s jurisdiction that the court against The evidence needed to establish the requisites for a
whom the writ is sought preliminary injunction need not be conclusive or
acted without/in excess complete. It is generally based on initial, incomplete
of jurisdiction evidence that gives the court an idea of the
May be the main action Always a main action justification for the preliminary injunction pending
itself, or just a the decision of the case on the merits. .
provisional remedy in the
main action Note: It does not necessarily proceed that when a
writ of preliminary injunction is issued, a final
WHEN WRIT MAY BE ISSUED injunction will follow [Urbanes v. CA (2001)]

GROUNDS FOR ISSUANCE OF PRELIMINARY INJUNCTION GROUNDS FOR OBJECTION TO, OR FOR THE DISSOLUTION
[Rule 58, Sec. 3] (Asked in the 2006 bar exam) OF INJUNCTION OR RESTRAINING ORDER

(a) Applicant is entitled to the relief demanded, and Grounds for Objection to/Motion for Dissolution of
the relief consists in Injunction/Restraining Order [Rule 58, Sec. 6]
(1) restraining the commission or continuance of (a) Insufficiency of application
the acts or acts complained of, or (b) other grounds (e.g. applicant’s bond is
(2) in requiring performance of an act or acts; insufficient/defective), upon affidavits of the party
(b) Commission, continuance or non-performance of or person enjoined
the acts complained of during the litigation (c) if it appears after hearing that although the
would probably work injustice to the applicant; or applicant is entitled to the injunction or
(c) A party, court, agency or a person is doing, restraining order, the issuance or continuance
threatening, or is attempting to do, or is thereof would cause irreparable damage to the
procuring or suffering to be done, some act or party/person enjoined, while the applicant can be
acts probably in violation of the rights of the fully compensated for such damages as he may
applicant respecting the subject of the action or suffer, provided the former files a bond
proceeding, and tending to render the judgment
ineffectual. If it appears that the extent of the preliminary
injunction or restraining order granted is too great, it
may be modified.

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Global Injunction of a Foreign Court (Asked in the (a) Acquisition, clearance and development of the
2007 Bar Exam) right-of-way and/or site or location of any
A global injunction issued by a foreign court to national government project;
prevent dissipation of funds against the defendant (b) Bidding or awarding of contract/ project of the
who has assets in the Philippines may be enforced in national government as defined under Section 2
our jurisdiction, subject to our procedural laws hereof;
(Suggested Answers to the 2007 Bar Exam, UP Law (c) Commencement prosecution, execution,
Center) implementation, operation of any such contract
or project;
As a general rule, no sovereign is bound to give (d) Termination or rescission of any such
effect within its dominion to a judgment or order of a contract/project; and
tribunal of another country. (e) The undertaking or authorization of any other
lawful activity necessary for such
However, under the rules of comity, utility and contract/project.
convenience, nations have established a usage
among civilized states by which final judgments of This prohibition shall apply in all cases, disputes or
foreign courts of competent jurisdiction are controversies instituted by a private party, including
reciprocally respected and rendered efficacious but not limited to cases filed by bidders or those
under certain conditions that may vary in different claiming to have rights through such bidders
countries. [St. Aviation Services v. Grand International involving such contract/project.
Airways (2006)]
This prohibition shall NOT APPLY when the matter is
Note: In Pangalangan and Coquia’s book on Conflict of extreme urgency involving a constitutional issue,
of Laws (2000), citing Cheshire, it was stated that an such that unless a temporary restraining order is
interlocutory or provisional judgment of a foreign issued, grave injustice and irreparable injury will
court, creates no obligation on the forum court to arise. The applicant shall file a bond, in an amount to
enforce it. be fixed by the court, which bond shall accrue in
favor of the government if the court should finally
DURATION OF A TEMPORARY RESTRAINING ORDER decide that the applicant was not entitled to the
General rule: TRO is effective only for a period of 20 relief sought.
days from service on the party or person sought to be
enjoined Any TRO, preliminary injunction, or preliminary
mandatory injunction issued in violation of Sec. 3 is
Exceptions: If the matter is of extreme urgency and void and of no force and effect. [Sec 4]
the applicant will suffer grave injustice and
irreparable injury: effective for only 72 hours from RULE ON PRIOR OR CONTEMPORANEOUS SERVICE OF
issuance [Rule 58, Sec.5] SUMMONS IN RELATION TO ATTACHMENT
When an application for a writ of preliminary
Issued Effectivity: injunction or a temporary restraining order is
by: included in a complaint or any initiatory pleading,
RTC 20 days, non-extendible (including the the case, if filed in a multiple-sala court, shall be
original 72 hours) raffled only after notice to and in the presence of the
CA May be effective for 60 days from service adverse party or the person to be enjoined. In any
on the party or person sought to be event, such notice shall be preceded, or
enjoined. contemporaneously accompanied, by service of
SC May be effective until further orders summons, together with a copy of the complaint or
initiatory pleading and the applicant's affidavit and
IN RELATION TO RA 8975, BAN ON ISSUANCE OF TRO OR bond, upon the adverse party in the Philippines.
WRIT OF INJUNCTION IN CASES INVOLVING GOVERNMENT
INFRASTRUCTURE PROJECTS Exception:
Sec. 3, RA 8975: No court, except the Supreme Court, Where the summons could not be served personally
shall issue any TRO, preliminary injunction or or by substituted service despite diligent efforts, or
preliminary mandatory injunction against the the adverse party is a resident of the Philippines
government, or any of its subdivisions, officials or any temporarily absent therefrom or is a nonresident
person or entity, whether public or private acting thereof, the requirement of prior or
under the government direction, to restrain, prohibit contemporaneous service of summons shall not
or compel the following acts: apply. [Rule 58, Sec.4] The executive judge of a

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multiple-sala court or the presiding judge of a single dissipated or materially injured, and that its value
sala court may issue ex parte a TRO effective for only is probably insufficient to discharge the mortgage
72 hours from ISSUANCE if the matter is of extreme debt, or that the parties have so stipulated in the
urgency and the applicant will suffer grave injustice contract of mortgage;
and irreparable injury. However, he shall (c) After judgment, to preserve the property during
immediately comply with the provisions of Rule 38, the pendency of an appeal, or to dispose of it
Sec. 4 as to service of summons and the documents according to the judgment, or to aid execution
to be served therewith. [Rule 38, Sec. 5] when the execution has been returned unsatisfied
or the judgment obligor refuses to apply his
property in satisfaction of the judgment, or
RECEIVERSHIP (Asked in the 2001 Bar Exam) otherwise to carry the judgment into effect;
(d) Whenever in other cases it appears that the
NATURE appointment of a receiver is the most convenient
Receiver. and feasible means of preserving, administering,
person appointed by the court in behalf of all the or disposing of the property in litigation. [Rule 59,
parties to the action for the purpose of preserving Sec. 1]
and conserving the property in litigation and prevent
its possible destruction or dissipation if it were left in Specific situations when a receiver may be appointed
the possession of any of the parties. (a) If a spouse without just cause abandons the other
or fails to comply with his/her obligations to the
PURPOSE family, the aggrieved spouse may petition the
The purpose of a receivership as a provisional court for receivership. [Family Code, Article 101]
remedy is to protect and preserve the rights of the (b) The court may appoint a receiver of the property
parties during the pendency of the main action, of the judgment obligor; and it may also forbid a
during the pendency of an appeal or as an aid in the transfer or other disposition of, or any
execution of a judgment when the writ of execution interference with, the property of the judgment
has been returned unsatisfied. The receivership obligor not exempt from execution. [Rule 39, Sec.
under Rule 59 is directed to the property which is the 41]
subject of the action and does not refer to the (c) After the perfection of an appeal, the trial court
receivership authorized under banking laws and retains jurisdiction to appoint a receiver of the
other rules or laws. Rule 59 presupposes that there property under litigation since this matter does
is an action and that the property subject of the not touch upon the subject of the appeal. [Rule
action requires its preservation. Receivership under 41, Sec. 9; Acuña v. Caluag (1957)]
Rule 59 is ancillary to the main action. (Riano). (d) After final judgment, a receiver may be appointed
as an aid to the execution of judgment. [Philippine
Commodities Storage v. CA (1997): The guiding Trust Company v. Santamaria (1929)]
principle is the prevention of imminent danger to the (e) Appointment of a receiver over the property in
property. If an action by its nature, does not require custodia legis may be allowed when it is justified
such protection or preservation, said remedy cannot by special circumstances, as when it is reasonably
be applied for and granted. necessary to secure and protect the rights of the
real owner. [Dolar v. Sundiam (1971)]
Arranza v. B.F. Homes (2000): Receivership is aimed
at the preservation of, and at making more secure, Alcantara v. Abbas (1963): The general rule is that
existing rights; it cannot be used as an instrument for neither party to the litigation should be appointed as
the destruction of those rights. a receiver without the consent of the other because a
receiver is supposed to be an impartial and
CASES WHEN RECEIVER MAY BE APPOINTED disinterested person.
(a) When it appears from the verified application and
other proof that the applicant has an interest in Abrigo v. Kayanan (1983): A clerk of court should not
the property or fund which is the subject of the be appointed as a receiver as he is already burdened
action or proceeding, and that such property or with his official duties.
fund is in danger of being lost, removed, or
materially injured unless a receiver be appointed REQUIREMENTS BEFORE ISSUANCE OF AN ORDER
to administer and preserve it; Requisites and Procedure
(b) When it appears in an action by the mortgagee (a) Verified application filed by the party requesting
for the foreclosure of a mortgage that the for the appointment of the receiver;
property is in danger of being wasted or

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(b) Applicant must have an interest in the property or Liability for refusal or neglect to deliver property to
funds subject of the action; receiver
(c) Applicant must show that the property or funds is (a) Contempt; and
in danger of being lost, wasted, or dissipated; (b) Be liable to the receiver for the money or the
(d) Application must be with notice and must be set value of the property and other things so refused
for hearing; or neglected to be surrendered together with all
(e) Before appointing a receiver, the court shall damages that may have been sustained by the
require applicant to post a bond in favor of the party or parties entitled thereto as a consequence
adverse party. When the receiver is appointed, the of such refusal or neglect. [Rule 59, Sec. 7]
receiver shall file a bond then take his oath.
(f) Before entering upon his duties, the receiver must TWO (2) KINDS OF BOND
be sworn to perform his duties faithfully. (a) Applicant’s bond
(b) Receiver’s bond
Who appoints receiver
(a) Court where the action is pending TERMINATION OF RECEIVERSHIP
(b) CA
(c) SC Ground
(d) During the pendency of an appeal, the appellate The necessity for a receiver no longer exists
court may allow an application for the
appointment of a receiver to be filed in and Procedure
decided by the court of origin. [Rule 59, Sec. 1] (a) Motu proprio or on motion of either party
(b) Notice to all interested parties and hearing [Rule
Denial of application or discharge of receiver 59, Sec. 8]
(a) If the appointment sought or granted is without
sufficient cause Effect
(b) Adverse party files a sufficient bond to answer for (a) Settle accounts of receiver
damages [Rule 59, Sec. 3] (b) Delivery of funds to person entitled
(c) Bond posted by the applicant for grant of (c) Discharge of receiver
receivership is insufficient (d) Receiver entitled to reasonable compensation to
(d) Bond of receiver is insufficient be taxed as costs against defeated party.

POWERS OF A RECEIVER REPLEVIN (Asked in the 1999 Bar Exam)


(a) Bring and defend in such capacity actions in his
own name with leave of court WHEN MAY WRIT BE ISSUED
(b) Take and keep possession of the property in Nature
controversy Replevin may be a main action or provisional
(c) Receive rents remedy. As a principal action its ultimate goal is to
(d) Collect debts due to himself as receiver or to the recover personal property capable of manual delivery
fund, property, estate, person, or corporation of wrongfully detained by a person. Used in this sense,
which he is the receiver it is considered as a suit in itself. Replevin under Rule
(e) Compound for and compromise the same 60 is the provisional remedy. [Riano]
(f) Make transfers
(g) Pay outstanding debts
(h) Divide the money and other property that shall Replevin Preliminary Attachment
remain among the persons legally entitled to
receive the same’ Available only where the Available even if the
(i) Generally, to do such acts respecting the property principal relief sought in recovery of personal
as the court may authorize the action is recovery of property is only an
(j) Invest funds in his hands, ONLY by order of the personal property, the incidental relief sought
court upon the written consent of all the parties. other reliefs (e.g. in the action.
[Rule 59, Sec. 6] damages) being merely
incidental thereto.
No action may be filed against a receiver without Can be sought only May be resorted to even
leave of the court which appointed him. where the defendant is if the personalty is in the
in actual or constructive custody of a third
possession of the person.
personalty involved.

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thereof according to the best of his knowledge,


Replevin Preliminary Attachment information, and belief;
(d) That the property has not been distrained or
Extends only to personal Extends to all kinds of taken for a tax assessment or a fine pursuant to
property capable of property, whether real, law, or seized under a writ of execution or
manual delivery. personal or incorporeal. preliminary attachment, or otherwise placed
Available to recover To recover the under custodia legis, or if so seized, that it is
personal property even if possession of personal exempt from such seizure or custody; and
the same is not property unjustly (e) The actual market value of the property. [Rule 60,
concealed, removed or detained (presupposed Sec. 2]
disposed of. that the same is being
concealed, removed or Bond
disposed of to prevent its The applicant must also give a bond, executed to the
being found or taken by adverse party in double the value of the property as
the applicant. stated in the affidavit. [Rule 60, Sec.2]
Cannot be availed of if Can still be resorted to
the property is in even if the property is in Redelivery bond
custodia legis (e.g. under custodia legis. The adverse party may, at any time before the
attachment, seized delivery of the property to the applicant, require the
under a search warrant). return of the property by filing with the court where
the action is pending a bond executed to the
Except: applicant, in double the value of the property as
(a) when the seizure is stated in the applicant’s affidavit. [Rule 60, Sec. 5]
illegal; [Bagalihog v.
Fernandez (1991)] and Order of Replevin
(b) where there is reason Upon the filing of affidavit and approval of the bond,
to believe that the the court shall issue an order and the corresponding
seizure will not writ of replevin describing the personal property
anymore be followed alleged to be wrongfully detained and requiring the
by the filing of the sheriff forthwith to take such property into his
criminal action in custody. [Rule 60, Sec. 3]
court or there are
conflicting claims. A writ of replevin may be served anywhere in the
[Chua v. CA (1993)] Philippines.

REQUISITES SHERIFF’S DUTY IN THE IMPLEMENTATION OF THE WRIT;


Application WHEN PROPERTY IS CLAIMED BY THIRD PARTY
Who may apply: party praying for the recovery of Disposition of Property by Sheriff
possession of personal property. Applicant need not (a) The sheriff shall retain the property for 5 days.
be the owner. It is enough that he has right to its The adverse party may object to the sufficiency of
possession. [Yang v. Valdez (1989)] the bond or surety or he may file a redelivery
When: bond.
(a) at the commencement of the action or (b) If after 5 days and the adverse party failed to
(b) before the answer [unlike attachment, injunction object or his redelivery bond is insufficient, the
and support pendente lite (anytime before final sheriff shall deliver the property to the applicant.
judgment) and receivership (anytime even after [Rule 60, Sec. 6]
final judgment)]. (c) The defendant is entitled to the return of the
property under a writ of replevin if:
AFFIDAVIT AND BOND; REDELIVERY BOND (1) He seasonably posts a redelivery bond [Rule
(a) The applicant must show by his own affidavit or 60, Sec. 5]
that of some other person who personally knows (2) Plaintiff’s bond is found to be insufficient or
the facts: defective and is not replaced with proper bond
(b) That the applicant is the owner of the property (3) Property is not delivered to the plaintiff for any
claimed, particularly describing it, or is entitled to reason [Rule 60, Sec. 6]
the possession thereof;
(c) That the property is wrongfully detained by the Where Property Claimed by Third Person
adverse party, alleging the cause of detention

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When third party claims the property and such ORDINARY CIVIL ACTIONS VERSUS SPECIAL CIVIL
person makes affidavit of his title thereto stating his ACTIONS
grounds, and serves such affidavit upon the sheriff The fact that an action is subject to special rules
while the latter has possession of the property and a other than those applicable to ordinary civil actions is
copy upon the applicant, the sheriff SHALL NOT BE what makes a civil action special. [Riano]
BOUND to keep property under replevin or deliver
property to the applicant UNLESS the applicant files Ordinary Civil Action Special Civil Action
a bond approved by the court in favor of the third Governed by ordinary Also governed by
person (the bond should not be less than the value rules ordinary rules but
of stated under Sec. 60, Sec. 2; the court shall subject to specifically
determine the value in case of disagreement). prescribed rules (Rules
62 to 71)
No claim for damages for the taking or keeping of
the property may be enforced against the bond Some concepts applicable to ordinary civil actions
UNLESS the action is filed within 120 days from filing are not applicable in special civil actions. E.g.:
of the bond. (a) the definition of a cause of action requiring
violation of a right does not appear to be relevant
to the special civil action of declaratory relief and
interpleader;
Special Civil Actions (b) ordinary civil actions may be filed initially in MTC
or RTC depending on jurisdictional amount while
some special civil actions can only be filed in MTC
NATURE OF SPECIAL CIVIL ACTIONS (forcible entry and unlawful detainer) and some
Rules on ordinary civil actions shall apply to special cannot be commenced in MTC (certiorari,
civil actions insofar as they are not inconsistent with prohibition, mandamus). [Riano]
or may supplement the rules governing the latter.
[Rule 1, Sec. 3] JURISDICTION AND VENUE
Venue is governed by the general rules on venue,
Since a civil action in general is one by which a party except as otherwise indicated in the particular rules
sues another for the enforcement of a right, or the for special civil actions.
prevention or redress of a wrong, a special civil action
is generally brought or filed for the same purpose. 3 special civil actions within the jurisdiction of inferior
[Riano] courts:
(a) interpleader, provided the amount involved is
HOW COMMENCED: within its jurisdiction [Makati Development Corp. v.
(A) COMPLAINT Tanjuatco (1969)]
(1) interpleader (b) ejectment suits [Rule 70]
(2) expropriation (c) contempt [Rule 71]
(3) foreclosure of real estate mortgage
(4) partition INTERPLEADER
(5) forcible entry and unlawful detainer DEFINITION
(B) PETITION A remedy whereby a person who has property in his
(6) declaratory relief possession or has an obligation to render wholly or
(7) review of adjudications of Constitutional partially, without claiming any right in both, comes
commissions to court and asks that the defendants who have
(8) certiorari made conflicting claims upon the same property or
(9) prohibition who consider themselves entitled to demand
(10) mandamus compliance with the obligation be required to litigate
(11) quo warranto among themselves in order to determine who is
(12) contempt entitled to the property or payment or the obligation
[Beltran v. PHHC, (1969)]
Writs of injunction, mandamus, certiorari,
prohibition, quo warranto and habeas corpus issued PURPOSE
by RTCs are enforceable within their respective (a) To compel conflicting claimants to interplead and
judicial regions. [B.P. 129, Section 21] litigate their several claims among themselves.
[Rule 62, Sec. 1]

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(b) To protect a person against double vexation in


respect of one liability [Beltran, supra] Within the time for filing an answer, each
claimant may file a motion to dismiss.
REQUISITES FOR INTERPLEADER Grounds:
(a) There must be two or more claimants with (a) impropriety of the interpleader action, or
adverse or conflicting interests to a property in (b) other appropriate grounds specified in
the custody or possession of the plaintiff. Rule 16
(b) The plaintiff has NO CLAIM upon the subject
matter of the adverse claims, or if he has an The period to file the answer shall be tolled.
interest at all, such interest is NOT DISPUTED by
the claimants.
(c) The subject matter of the adverse claims must be
one and the same. If the motion is denied, an answer may be filed
within the remaining period, in no case less
Procedure than 5 days (reckoned from notice of denial)
[Rule 62, Sec. 4].
Complaint filed by the person against whom
conflicting claims are or may be made. [ibid]

The docket and other lawful fees paid by the


complainant, and costs and litigation expenses The parties may file counterclaims, cross-
shall constitute a lien or charge upon the claims, third-party complaints and responsive
subject matter of the action, unless otherwise pleadings thereto. [Rule 62, Sec. 5]
ordered by the court. [Rule 62, Sec. 7]

Pre-trial
Court order requiring the conflicting claimants
to interplead with one another. If the interests of
justice so require, the court may direct that the
Court shall determine conflicting claimants’
subject matter be paid or delivered to the court.
respective rights and adjudicate their several
[Rule 62, Sec. 2]
claims. [Rule 62, Sec. 6]

WHEN TO FILE
Summons, copy of complaint and order served Whenever conflicting claims upon the same subject
upon the conflicting claimants. [Rule 62, Sec. 3] matter are or may be made against a person who
claims no interest in the subject matter or an interest
which is not disputed by the claimants. [Rule 62, Sec.
1]
Each claimant shall file his answer within 15 days
from service of the summons, serving a copy Cannot be availed of to resolve the issue of breach of
thereof upon each of the other conflicting undertakings made by defendants, which should be
claimants, who may file their reply thereto. resolved in an ordinary action for specific
performance or other relief [Beltran, supra].

DECLARATORY RELIEFS AND SIMILAR REMEDIES


WHO MAY FILE THE ACTION
If claimant fails to plead within the time herein
fixed, the court may, on motion, declare him in (a) a person interested under a deed, will, contract or
default and render judgment barring him from other written instrument
any claim in respect to the subject matter. (b) a person whose rights are affected by a statute,
executive order or regulation, ordinance or any
other governmental regulation [Rule 63, Sec. 1]

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Parties (2) If before the final termination of the case, a


(a) all persons who have or claim any interest which breach or violation of an instrument or a
would be affected by the declaration [Rule 63, statute, etc. should take place, the action may
Sec. 2] be converted into an ordinary action. [Rule 63,
(b) If action involves the validity of a Sec. 6]
statute/executive order/regulation/other (d) actual justiciable controversy [Velarde v. SJS
governmental regulation, the Solicitor General (2004)]
shall be notified. [Rule 63, Sec. 3] (e) adverse interests between the parties
(c) If action involves the validity of a local
government ordinance, the prosecutor/attorney A declaratory relief is not available for a
of the LGU involved shall be notified. [Rule 63, declaration of citizenship [Villa-Abrille v. Republic
Sec. 4] (1956)] or the validity of a registration certificate
[Obiles v. Republic (1953)] as they are unilateral in
Subject Matter Notice Given To nature and without conflicting adverse interests.
Validity of a statute, EO Sol Gen
or regulation, or any (f) issue must be ripe for judicial determination
governmental regulation [Velarde v. SJS (2004)]
Validity of a local Prosecutor or attorney of (g) adequate relief is not available through other
government ordinance the LGU means or other forms of action or proceedings.
Constitutionality of a Sol Gen [Ollada v. Central Bank (1962)]
local government
ordinance A court decision cannot be the subject of a
declaratory relief since there exists other
remedies, i.e., appeal or a motion for clarificatory
Baguio Citizens Action v. City Council of Baguio (1983):
judgment [Tanda v. Aldaya (1956)]
Non-joinder of interested persons is not a
jurisdictional defect; but persons not joined shall not
WHEN COURT MAY REFUSE TO MAKE JUDICIAL
be prejudiced in their interests unless otherwise
DECLARATION
provided by the Rules.
(a) where a decision would not terminate the
Commission of Customs v. Cloribel (1977): A third- uncertainty or controversy which gave rise to the
party complaint is not available in a declaratory action, or
(b) where the declaration or construction is not
relief.
necessary and proper under the circumstances.
Visayan Packing v. Reparations Commission (1987): A [Rule 63, Sec. 5]
compulsory counterclaim may be set up in a petition
CONVERSION TO ORDINARY ACTION
for declaratory relief.
Requisites
(a) before the final termination of the case
Where filed (b) a breach or violation of an instrument or a
(a) in the proper RTC [Rule 63, Sec. 1] statute, executive order or regulation, ordinance,
(b) not within the original jurisdiction of the Supreme or any other governmental regulation should take
Court, even if pure questions of law are involved. place
[Remotigue v. Osmeña (1967)]
Effect
REQUISITES OF ACTION FOR DECLARATORY RELIEF
The parties shall be allowed to file such pleadings as
(a) subject matter of the controversy must be a deed, may be necessary or proper. [Rule 63.6]
will, contract or other written instrument, statute,
executive order or regulation, or ordinance [Rule PROCEEDINGS CONSIDERED AS SIMILAR REMEDIES
63, Sec. 1]; Reformation of an instrument [Arts. 1359-1369 Civil
(b) the terms of said documents and the validity Code]
thereof are doubtful and require judicial
construction [Santos v. Aquino (1953)] Definition
(c) no breach of the documents in question. Art. 1359, Civil Code. When, there having been a
[Reparations Commission v. Northern Lines (1970)] meeting of the minds of the parties to a contract,
Otherwise, an ordinary civil action is the remedy. their true intention is not expressed in the instrument
(1) Concept of a cause of action in ordinary civil purporting to embody the agreement, by reason of
actions does not apply. mistake, fraud, inequitable conduct or accident, one

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of the parties may ask for the reformation of the (c) An aggrieved party may bring the questioned
instrument to the end that such true intention may judgment, etc. directly to the SC on certiorari
be expressed. under Rule 65. [Rule 64, Sec. 2]

If mistake, fraud, inequitable conduct, or accident Such petition for certiorari shall not stay the
has prevented a meeting of the minds of the parties, execution of the judgment, etc. sought to be
the proper remedy is not reformation of the reviewed unless otherwise directed by the Supreme
instrument but annulment of the contract. Court [Rule 64, Sec. 8]

Art.1369, Civil Code. The procedure for the PROCEDURE


reformation of instrument shall be governed by rules See next page.
of court to be promulgated by the Supreme Court

Consolidation of ownership [Art. 1607 Civil Code] [Rule


63, Sec. 1(2)]

Definition
Art. 1607, Civil Code. In case of real property, the
consolidation of ownership in the vendee by virtue of
the failure of the vendor to comply with the
provisions of article 1616 shall not be recorded in the
Registry of Property without a judicial order, after the
vendor has been duly heard.

Quieting of title to real property [Arts. 476-481 Civil


Code]

Definition
Art. 476, Civil Code. Whenever there is a cloud on title
to real property or any interest therein, by reason of
any instrument, record, claim, encumbrance or
proceeding which is apparently valid or effective but
is in truth and in fact invalid, ineffective, voidable, or
unenforceable, and may be prejudicial to said title,
an action may be brought to remove such cloud or to
quiet the title.

An action may also be brought to prevent a cloud


from being cast upon title to real property or any
interest therein.

Art. 481, Civil Code. The procedure for the quieting of


title or the removal of a cloud therefrom shall be
governed by such rules of court as the Supreme
Court shall promulgated.

REVIEW OF JUDGMENTS AND FINAL ORDERS OR


RESOLUTION OF THE COMELEC AND COA

SCOPE
(a) Applicable only to judgments and final orders of
the COMELEC and COA [Rule 64, Sec. 1]
(b) Judgments/orders of the Civil Service
Commission are now reviewable by the Court of
Appeals under Rule 43, eliminating recourse to
the Supreme Court (SC). [RA 7902; SC Revised
Administrative Circular No. 1-95]

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Order to Comment [Rule 64, Sec. 6]


File a petition for review.
If the SC finds the petition sufficient in form and
When [Rule 64, Sec. 3]:
substance, it shall order the respondents to file
(a) Within 30 days from notice of judgment/final
their comments on the petition within 10 days from
order/resolution sought to be reviewed
notice thereof.
(b) Filing of motion for reconsideration/new trial with
Constitutional commission interrupts the 30-day
Grounds for dismissal:
period. If motion is denied, aggrieved party may
(a) Petition not sufficient in form and substance
file petition within remaining period, which shall
(b) Petition was filed manifestly for delay
not be less than 5 days from notice of denial.
(c) the questions raised are too unsubstantial to
warrant further proceedings.
Form [Rule 64, Sec. 5]: verified and accompanied by
(annexes):
(a) a clearly legible duplicate original or certified true
copy of the subject judgment, etc.
(b) certified true copies of such material portions of
the record referred to in the petition
(c) other documents relevant and pertinent to the Comments of Respondents [Rule 64, Sec. 7]
petition Requirements:
(d) proof of service of a copy of the petition on the (a) original copy with certified true copies of
Commission and the adverse party material portions of the record as are referred
(e) proof of the timely payment of the docket and to in the comment and certified true copies of
other lawful fees other supporting papers
(b) one original (properly marked) and four
in one original (properly marked) and four copies, copies, unless the case is referred to the
unless the case is referred to the Court En Banc, in Court En Banc, in which event, the parties
which event, the parties shall file ten additional shall file ten additional copies (with plain
copies. (containing plain copies of all documents copies of all documents attached to the
attached to the original copy of the petition) original)

Parties to cases before the Supreme Court are further Parties to cases before the Supreme Court are
required, on voluntary basis for the first six months further required, on voluntary basis for the first
following the effectivity of this Rule and compulsorily six months following the effectivity of this Rule
afterwards unless the period is extended, to submit, and compulsorily afterwards unless the period is
simultaneously with their court-bound papers, soft extended, to submit, simultaneously with their
copies of the same and their annexes (the latter in court-bound papers, soft copies of the same and
PDF format) either by email to the Court’s e-mail their annexes (the latter in PDF format) either by
address or by compact disc (CD). This requirement is email to the Court’s e-mail address or by
in preparation for the eventual establishment of an e- compact disc (CD). This requirement is in
filing paperless system in the judiciary. [Efficient Use preparation for the eventual establishment of an
of Paper Rule, Section 5] e-filing paperless system in the judiciary.
[Efficient Use of Paper Rule, Section 5]
Contents [Rule 64, Sec. 5]:
(a) name of aggrieved party (petitioner) Copy of the comment shall be served on the
(b) respondents: Commission concerned and petitioner.
person(s) interested in sustaining the judgment a
quo
(c) facts
(d) issues involved
(e) grounds and brief arguments relied upon for
review Decision [Rule 64, Sec. 9]
(f) prayer for judgment annulling or modifying the Case is deemed submitted for decision upon:
question judgment, etc. (a) filing of the comments on the petition, and such
(g) material dates showing that it was filed on time other pleadings or papers as may be required or
(h) certification against non-forum shopping allowed.
(b) expiration of the period to file the pleadings.
Findings of fact of the Commission supported by
substantial evidence shall be final and non- Exceptions: SC sets the case for oral argument or
reviewable. requires parties to submit memoranda.

Failure to comply with foregoing requirements shall


be sufficient ground for dismissal.

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Application of Rule 65 under Rule 64 is read in relation to Section 3, Rule 46, which states
that failure to comply with any of the documentary
DISTINCTION IN THE APPLICATION OF RULE 65 TO requirements, such as the attachment of relevant
JUDGMENTS OF THE COMELEC AND COA AND THE pleadings, “shall be sufficient ground for the
APPLICATION OF RULE 65 TO OTHER TRIBUNALS, PERSONS dismissal of the petition.” [Radio Philippines Network
AND OFFICERS v. Yap (2012)]

Note: (In the 2005 and 2008 Bar Exams, bar


Rule 64 Rule 65 examinees were asked to compare Petition for review
on Certiorari and Certiorari)
Directed only to the Directed to any tribunal,
judgments, final orders board, or officer Certiorari
or resolutions of exercising judicial or Suarez v. NLRC (1998): Questions of fact cannot be
COMELEC and COA quasi-judicial functions raised in an original action for certiorari. Only
Filed within 30 days Filed within 60 days established or admitted facts may be considered.
from notice of the from notice of the
judgment judgment Medran v. CA (1949): Findings of fact of CA are not
The filing of a MR or a The period within which binding upon SC in an original action for certiorari.
Motion for New Trial if to file the petition if the
allowed, interrupts the MR or new trial is Republic v. St. Vincent de Paul (2012): Time for filing:
period for the filing of denied, is 60 days from Under Section 4, Rule 65 of the Rules of Court and
the petition for certiorari. notice of the denial of as applied in Laguna Metts Corporation, the general
If the motion is denied, the motion. rule is that a petition for certiorari must be filed
the aggrieved party may within sixty (60) days from notice of the judgment,
file the petition within order, or resolution sought to be assailed. Under
the remaining period, exceptional circumstances, however, and subject to
but which shall not be the sound discretion of the Court, said period may be
less than 5 days extended
reckoned from the notice
of denial. Prohibition
Prohibition is a preventive remedy. However, to
CERTIORARI, PROHIBITION AND MANDAMUS prevent the respondent from performing the act
The original action of certiorari is not a substitute for sought to be prevented during the pendency of the
appeal. [Lobite v. Sundiam (1983)] proceedings for the writ, the petitioner should obtain
a restraining order and/or writ of preliminary
Exceptions: injuction. [Regalado]
(a) appeal is not a speedy and adequate remedy
[Salvadores v. Pajarillo (1947)]
Enriquez v. Macadaeg (1949) : Prohibition is the
(b) the orders were issued either in excess of or
remedy where a motion to dismiss is improperly
without jurisdiction [Aguilar v. Tan (1970)]
denied.
(c) special considerations, i.e., public welfare or
public policy [Jose v. Zulueta (1961)]
(d) the order is a patent nullity [Marcelo v. De Mandamus
Guzman (1982)] A writ of mandamus will not issue to control the
(e) the decision in the certiorari case will avoid future exercise of official discretion or judgment, or to alter
litigations [St. Peter Memorial Park v. Campos or review the action taken in the proper exercise of
(1975)] the discretion of judgment, for the writ cannot be
(f) when the broader interest of justice so requires used as a writ of error or other mode of direct review.
[Mendez v. CA (2012)]
(g) when the writs issued are null and void [Mendez v. However, in extreme situations generally in criminal
CA (2012)] cases, mandamus lies to compel the performance of
(h) when the questioned order amounts to an the fiscal of discretionary functions where his
oppressive exercise of judicial authority [Mendez actuations are tantamount to a wilful refusal to
v. CA (2012)] perform a required duty. [Regalado]

The requirement in Section 1 of Rule 65 of the Rules General rule: In the performance of an official duty or
of Court to attach relevant pleadings to the petition act involving discretion, such official can only be

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directed by mandamus to act but not to act in one


way or the other. ORDER TO COMMENT
Exception: gross abuse of discretion, manifest If the petition is sufficient in form and
injustice, palpable excess of authority [Kant Wong v. substance to justify such process, the
PCGG (1987)] court shall issue an order requiring the
respondent(s) to comment on the petition
Mandamus can be availed of only by the party who within 10 days from receipt of a copy
has direct legal interest in the right sought to be thereof.
enforced. HOWEVER, if the question is one of public
right, it is sufficient to show that the petitioner is a Such order shall be served on the
citizen. [Tanada v. Tuvera (1985)] respondents in such manner as the court
may direct, together with a copy of the
WHEN PETITION FOR CERTIORARI, PROHIBITION AND petition and any annexes thereto. [Rule
MANDAMUS IS PROPER 65, Sec. 6]
See Annex F.

Procedure
HEARING OR MEMORANDA
FILE PETITION FOR CERTIORARI/
After the comment or other pleadings
PROHIBITION / MANDAMUS.
required by the court are filed, or the time for
When filed:
the filing thereof has expired, the court may
(a) Not later than 60 days from notice of
hear the case or require the parties to submit
judgment/order/resolution
memoranda. [Rule 65, Sec. 8]
(b) If a motion for reconsideration/new trial
is filed, the 60-day period shall be
counted from notice of denial of motion.
(c) Extension may be granted for compelling
reasons, not exceeding 15 days. [Rule 65,
JUDGMENT
Sec. 4]
If after such hearing or submission of
memoranda or the expiration of the period
Where filed: for the filing thereof, the court finds that
(a) Supreme Court
the allegations of the petition are true, it
(b) Court of Appeals
shall render judgment for the relief prayed
If it involves the acts of a quasi-judicial
for or to which the petitioner is entitled.
agency, the petition shall be filed only in
the CA, unless otherwise provided by law
The court, however, may dismiss the
or the Rules.
petition if it finds the same to be (1)
(c) Regional Trial Court, if it relates to acts /
patently without merit, (2) prosecuted
omissions of a lower court / corporation / manifestly for delay, or that (3) the
board / officer / person.
questions raised therein are too
Sandiganbayan, if it is in aid of its appellate
unsubstantial to require consideration.
jurisdiction. [Rule 65, Sec. 4]
[Rule 65, Sec. 8]

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Mandamus Distinguished From Injunction


SERVICE AND ENFORCEMENT OF ORDER Mandamus Injunction
OR JUDGMENT Special civil action Ordinary civil action
A certified copy of the judgment rendered Directed against a Directed against a
shall be served upon the court, quasi-judicial tribunal, corporation litigant
agency, tribunal, corporation, board, officer board or officer
or person concerned in such manner as the Purpose is for the Purpose is for the
court may direct, and disobedience thereto tribunal, corporation, defendant either to
shall be punished as contempt. board or officer to refrain from an act or to
perform a ministerial perform not necessarily a
An execution may issue for any damages or and legal duty legal and ministerial duty
costs awarded in accordance with section 1 Purpose is to perform a Purpose is to prevent an
of Rule 39. [Rule 65, Sec. 9] positive legal duty and act to maintain the
not to undo what has status quo between the
been done parties
INJUNCTIVE RELIEF
Rule 65, Sec. 7 provides for the issuance of a EXCEPTIONS TO FILING OF MOTION FOR RECONSIDERATION
temporary restraining order, and not only for a writ of BEFORE FILING PETITION
preliminary injunction, but such order shall be General rule: A motion for reconsideration must first
subject to the rules on the grounds and duration be availed of before certiorari – to enable the lower
thereof. [Regalado] court to correct its mistakes without the intervention
of the lower courts. [BA Finance v. Pineda (1982)]
CERTIORARI DISTINGUISHED FROM APPEAL BY
CERTIORARI; PROHIBITION AND MANDAMUS Exceptions:
DISTINGUISHED FROM INJUNCTION; WHEN AND WHERE TO (a) the order is a patent nullity [Vigan Elec. Light v.
FILE PETITION Public Service Commission (1964)]
(b) the questions raised in the certiorari have been
Certiorari Distinguished From Appeal duly raised and passed upon by the lower court
Certiorari Appeal [Fortich-Celdran v. Celdran (1967)] or are the same
Proper to correct errors Proper where error is not as those raised and passed upon in the lower
of jurisdiction committed one of jurisdiction but an court [Pajo v. Ago (1960)]
by lower courts, grave error of law or fact which (c) there is an urgent necessity for the resolution of
abuse of discretion which is a mistake of judgment the question and delay would prejudice the
is tantamount to lack of interests of the government [Vivo v.Cloribel (1966)]
jurisdiction (d) the MR would be useless [People v. Palacio
Certiorari invokes Appeal when filed (1960)]
original jurisdiction of the invokes the appellate (e) the petitioner was deprived of due process and
court jurisdiction of the court there is extreme urgency for relief [Luzon Surety v.
Within 60 days from Filed within period of Marbella (1960)]
notice of judgment, order appeal (f) the proceeding was ex parte in which the
or resolution petitioner had no opportunity to object [Republic
An original and Continuation of the v. Maglanoc (1963)]
independent action original case (g) the issue raised is purely a question of law or
Impleads the tribunal, Parties to an appeal are where the public interest is involved [PALEA v.
court, board or officer the original parties of the PAL (1982)]
case
RELIEFS PETITIONER IS ENTITLED TO
Prohibition Distinguished From Injunction Petitioner may be entitled to:
Prohibition Injunction (a) Injunctive relief – Court may may issue orders
Directed to the court or Directed against a party expediting the proceedings, and it may also grant
tribunal directing it to to the action a temporary restraining order or a writ of
refrain from the preliminary injunction for the preservation of the
performance of acts rights of the parties [Rule 65, Sec. 7]
which it has no (b) Incidental reliefs as law and justice may require
jurisdiction to perform [Rule 65, Secs. 1 and 2]
(c) Other reliefs prayed for or to which the petitioner
is entitled [Rule 65, Sec. 8]

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DISTINGUISH FROM QUO WARRANTO IN THE OMNIBUS


FACTIONS/OMISSIONS OF MTC/RTC IN ELECTION CASES ELECTION CODE
Jurisdiction in Election Cases [Omnibus Election ROC Rule 66 OEC Sec. 253
Code, Sec. 268]: Filed by whom
Solicitor General or Public Any voter
RTC: has the exclusive original jurisdiction to try and Prosecutor in behalf of the
decide any criminal action or proceedings for Republic; Individual
violation of the Omnibus election Code Where filed
By SolGen: RTC Manila, COMELEC, if against
Exception: those relating to the offense of failure to CA or SC; Otherwise, RTC election of a Member
register or failure to vote which shall be under the with jurisdiction over of Congress, Regional,
jurisdiction of the metropolitan or municipal trial territorial area where Provincial or City
courts. respondent resides, CA or Officer;
SC
From the decision of the courts, appeal will lie the appropriate RTC or
same as in other criminal cases. MTC, if against a
municipal or barangay
Note: RA 7691 which expanded the jurisdiction of the officer
MTC, did not divest the RTC of its jurisdiction over Period for filing
the said offenses, even if the imposable penalty is Within 1 year from ouster, Within 10 days after
not more than 6 years of imprisonment [COMELEC v. or from the time the right proclamation of
Noynay (1998)] to the position arose results
Against whom, grounds
WHERE TO FILE PETITION [Rule 65, Sec. 4]
A person, who usurps, Ineligibility or
The petition shall be filed: intrudes into or unlawfully disloyalty to the
(a) In the SC; or holds or exercises a public Republic
(b) In the RTC exercising jurisdiction over the office, position or
territorial area , if it relates to the acts or franchise;
omissions of a lower court or of a corporation,
board, officer or person; A public officer, who does
(c) In the CA, whether or not the same is in aid of its or suffers an act which, by
appellate jurisdiction; or provision of law,
(d) In the Sandiganbayan, if it is in aid of its appellate constitutes a ground for
jurisdiction. forfeiture of office
Note: If it involves the acts or omissions of a quasi- How commenced
judicial agency, and unless otherwise provided by By a verified petition [Rule 66, Sec. 1]
law or these rules, the petition shall be filed in and
cognizable only by the CA. WHEN THE GOVERNMENT COMMENCES AN ACTION AGAINST
INDIVIDUALS
EFFECTS OF FILING OF AN UNMERITORIOUS PETITION [Rule (a) By Government, brought in the name of the
65, Sec. 8] Republic of the Philippines, against:
(1) A person who usurps, intrudes into, or
The court, however, may dismiss the petition if it unlawfully holds or exercises a public office,
finds the same to be patently without merit, position or franchise
prosecuted manifestly for delay, or that the (2) A public officer who does not or suffers an act
questions raised therein are too unsubstantial to which, by the provision of law, constitutes a
require consideration. ground for the forfeiture of his office
(3) An association which acts as a corporation
QUO WARRANTO within the Philippines without being legally
Quo warranto is the remedy to try disputes with incorporated or without lawful authority so to
respect to the title to a public office. act [Rule 66, Sec. 1]

(b) When Solicitor General or public prosecutor


MUST commence action:
(1) When directed by the President of the
Philippines.

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(2) When upon complaint or otherwise, he has any part thereof or any interest therein, showing
good reason to believe that any case specified as far as practicable the separate interest of each
in Sec. 1 can be established by proof. [Rule 66, defendant.
Sec. 2] (d) The following must be clearly stated in the
complaint , if applicable:
(c) When Solicitor General or public prosecutor MAY (1) If the title to any property sought to be
commence action: expropriated appears to be in the Republic of
(1) with permission of the court the Philippines, although occupied by private
(2) at the request and upon the relation of individuals;
another person (2) If the title is otherwise obscure or doubtful so
(3) Officer bringing such action may first require that the plaintiff cannot with accuracy or
an indemnity for the expenses and costs of the certainty specify who are the real owners.
action in an amount approved by and [Rule 67, Sec. 1]
deposited in court. [Rule 66, Sec. 3]
TWO STAGES IN EVERY ACTION FOR EXPROPRIATION
WHEN INDIVIDUAL MAY COMMENCE AN ACTION
By a person claiming to be entitled to a public office Determination of the authority of the plaintiff to
or position, brought in his own name, against exercise the power of eminent domain and the
another who usurped or unlawfully held or exercised propriety of its exercise in the context of the facts.
such public office or position [Rule 66, Sec. 5]
This stage is terminated by either an order of
JUDGMENT IN QUO WARRANTO ACTION dismissal of the action or order of the condemnation
When the respondent is found guilty of usurping, declaring that expropriation is proper and legal.
intruding into, or unlawfully holding or exercising a These orders are final and therefore appealable.
public office, position, or franchise, judgment shall [Municipality of Biñan v. Garcia (1989)]
be rendered that such respondent be ousted and
altogether excluded therefrom, and that the It includes an inquiry into the propriety of the
petitioner or relator recover his costs. [Rule 66, Sec. expropriation – its necessity and public purpose.
9] [Riano]

RIGHTS OF A PERSON ADJUDGED ENTITLED TO PUBLIC Determination of just compensation.


OFFICE This is done with the assistance of not more than
If judgment be rendered in favor of the person three (3) commissioners.
averred in the complaint to be entitled to the public
office he may, after taking the oath of office and The order fixing just compensation is also final and
executing any official bond required by law, take appealable (Ibid). Just compensation is to be
upon himself the execution of the office, and may determined as of the date of the taking of the
immediately thereafter demand of the respondent propriety or the filing of the complaint, whichever
all the books and papers in the respondent's custody comes first.
or control appertaining to the office to which the
judgment relates. Ansaldo v. Tantuico (1990): There is taking when the
owner is actually deprived or dispossessed of his
The person adjudged entitled to the office may also property; when there is a practical destruction or a
bring action against the respondent to recover the material impairment of the value of his property or
damages sustained by such person by reason of the when he is deprived of the ordinary use thereof.
usurpation. [Rule 66, Sec. 10]
Bardillon v. Bgy. Masili (2003): An expropriation suit is
EXPROPRIATION incapable of pecuniary estimation. Accordingly, it
MATTERS TO ALLEGE IN COMPLAINT FOR EXPROPRIATION falls within the jurisdiction of RTCs, regardless of the
The complaint for expropriation must be VERIFIED. value of the subject property.
Contents:
(a) The right and purpose of expropriation
(b) Description of the real or personal property
sought to be expropriated;
(c) The complaint shall join as defendants all
persons owning or claiming to own, or occupying

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WHEN PLAINTIFF CAN IMMEDIATELY ENTER INTO Rule 67 RA 8974


POSSESSION OF THE REAL PROPERTY, IN RELATION TO RA depositary
8974 Amount for deposit Amount to be paid is:
equivalent to 100%  100% of the value of
Sec. 4. of RA 8974 otherwise known as “An Act to assessed value of the the land as stated in
facilitate the acquisition of right-of-way, site or property for purposes of the tax declaration or
location for national government infrastructure taxation. current zonal
projects and for the purposes”: [w]henever it is valuation, whichever
necessary to acquire real property for the right-of- is higher, and the
way or location for any national government value of
infrastructure project through expropriation, the improvements, OR
appropriate implementing agency shall initiate the  in the case of utmost
expropriation proceedings before the proper court urgency, the proffered
under the following guidelines: value of the property
to be seized
(a) Upon the filing of the complaint, and after due
notice to the defendant, the implementing NEW SYSTEM OF IMMEDIATE PAYMENT OF INITIAL JUST
agency shall immediately pay the owner of the COMPENSATION
property the amount equivalent to the sum of (1) See table of comparison under the preceding
100% of the value of the property based on the subsection, column of RA 8974.
current relevant zonal valuation of the Bureau of
Internal Revenue (BIR); and (2) the value of the DEFENSES AND OBJECTIONS
improvements and/or structures as determined No Objection Or Defense Has Objection Or
under Section 7 hereof; To The Taking Defense To The Taking
(b) In provinces, cities, municipalities and other areas
where there is no zonal valuation, the BIR is What to file and serve
hereby mandated within the period of sixty (60) Notice of appearance Answer to the
days from the date of the expropriation case, to and manifestation complaint
come up with a zonal valuation for said area; and
(c) In case the completion of a government Period to file
infrastructure project is of utmost urgency and Time stated in the summons
importance, and there is no existing valuation of Contents
the area concerned, the implementing agency Manifestation to the Specifically
shall immediately pay the owner of the property effect that he has no designating/identifying
its proffered value taking into consideration the objection or defense; the property in which he
standards prescribed in Section 5 hereof. claims to have an
Specifically interest in and the
Upon compliance with the guidelines above- designating/identifying nature and extent of
mentioned, the court shall immediately issue to the the property in which he the interest;
implementing agency an order to take possession of claims to be interested
the property and start the implementation of the ALL his objections and
project. defenses to the
complaint or any
Riano opines that Sec. 2 of Rule 67 is deemed allegation therein
modified by RA 8974. He noted the following Prohibited
differences:
Counterclaim, cross-
claim, third party
Rule 67 RA 8974 complaint in any
Before issuance of writ of Upon filing of the pleading
possession complaint
Expropriation Right-of-way, site or A foreclosure action must be brought in the RTC of
proceedings initiated by location of national the province where the land or any part thereof is
the national government government situated.
infrastructure projects
A defendant waives all defenses and objections not
Initial deposit with an Immediate payment to so alleged, but the court, in the interest of justice,
authorized government the property owner

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may permit amendments to the answer not to be and report to the court the just compensation for the
made later than ten (10) days from filing thereof. property sought to be taken. [Rule 67, Sec. 5]

At the trial of the issue of just compensation, APPOINTMENT OF COMMISSIONERS; COMMISSIONER’S


whether the defendant has previously appeared or REPORT; COURT ACTION UPON COMMISSIONER’S REPORT
answered, he may present evidence as to the amount
of the compensation to be paid for his property, and Order of appointment to be served on the parties.
he may share in the distribution of the award. [Rule Objections to the appointment of any of the
66, Sec. 3] commissioners shall be filed in court within ten (10)
days, and shall be resolved within thirty (30) days
ORDER OF EXPROPRIATION after all the commissioners have received copies of
It declares that the plaintiff has a lawful right to take the objections.
the property sought to be expropriated for the public
use or purpose described in the complaint, upon Powers and duties of commissioners:
payment of just compensation to be determined as (a) Parties can present evidence before the
of the date of the taking of the property or the filing commissioners and the latter have the power to
of the complaint whichever is earlier. administer oaths or hearings before them;
(b) They can, after due notice to the parties to attend,
It is issued by the court in which the complaint for view and examine the property sought to be
expropriation is filed when: expropriated and its surroundings and may
(a) objections or defenses of the defendant have measure the same;
been overruled, or
(b) the defendant raised no such defense or Exception: when the parties agree otherwise, the
objection, or commissioners cannot view and examine the
(c) No party appears to defend. [Rule 67, Sec. 4] property
(1) The commissioners shall assess the
ASCERTAINMENT OF JUST COMPENSATION consequential damages to the property taken
Just Compensation and deduct from such consequential damages
is defined as the full and fair equivalent of the the consequential benefits derived by the
property taken from its owner by the expropriator. owner from the public use or purpose of the
property taken, the operation of its franchise
Determined as of the date of taking of the property, by the corporation or person taking the
or the filing of the complaint, whichever came first. property.
[Rule 67, Sec. 4] (2) In no case shall the consequential benefits
The measure is not the taker’s gain, but the owner’s assessed exceed the consequential damages
loss. To compensate is to render something which is assessed, or the owner be deprived of the
equal in value to that taken or received. actual value of his property so taken. [Rule 67,
Sec. 6]
The word “just” is used to intensify the meaning of (c) The commissioners shall make full and accurate
the word “compensation”; to convey the idea that report to the court of all their proceedings.
the equivalent to be rendered for the property taken (1) The report shall be filed within 60 days from
shall be real, substantial, full, and ample. the date the commissioners were notified of
their appointment.
In eminent domain or expropriation proceedings, the (2) Upon filing of the report, the clerk of court
general rule is that the just compensation which the shall serve copies thereof on all interested
owner of condemned property is entitled to is the parties, with notice that they are allowed ten
market value. (10) days within which to file objections to the
findings of the report, if the parties desire.
Market Value [Rule 67, Sec. 7]
Is “that sum of money which a person desirous but (d) After the 10-day period for objecting to the
not compelled to buy, and an owner willing but not commissioners’ report, the court, after hearing,
compelled to sell, would agree on as a price to be may:
given and received therefore.” [BPI v. CA (2004)] (1) ACCEPT the report and render JUDGMENT in
accordance therewith;
Upon the rendition of the order of expropriation, the (2) RECOMMIT the report to the commissioners
court shall appoint not more than 3 competent and for further report of facts;
disinterested persons as commissioners to ascertain

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(3) SET ASIDE the report and APPOINT new (b) Extrajudicially – proper only when so provided in
commissioners; contracts in accordance with Act. No. 3135;
(4) ACCEPT the report IN PART and REJECT it IN governed by A.M. No. 99-10-05-0.
PART;
Monte de Piedad v. Rodrigo (1931) : A foreclosure
And make such order or render judgment as shall action must be brought in the RTC of the province
secure to the plaintiff the property essential to where the land or any part thereof is situated.
the exercise of his right of expropriation and to
the defendant just compensation for the property If a mortgage contract covers several distinct parcels
so taken. [Rule 67, Sec. 8] of land situated in different provinces, the action may
be brought in the RTC of any of the provinces and
RIGHTS OF PLAINTIFF UPON JUDGMENT AND PAYMENT the judgment will be enforceable against any of the
(a) Right to enter upon the property expropriated parcels of land involved.
and appropriate it for the public use or purpose
as stated. Upon payment by the plaintiff to the JUDGMENT ON FORECLOSURE FOR PAYMENT OR SALE
defendant of the compensation fixed by the
judgment, with legal interest thereon from the Judgment
taking of the possession of the property, or after Payment
tender to him of the amount so fixed and If upon the trial, the court shall find the facts set
payment of the costs, the plaintiff shall have the forth in the complaint to be true, it shall ascertain
right to enter upon the property expropriated and the amount due to the plaintiff upon the mortgage
to appropriate it for the public use or purpose debt or obligation, including interest and other
defined in the judgment, or to retain it should he charges as approved by the court, and costs, and
have taken immediate possession thereof under shall render judgment for the sum so found due and
Sec. 2. [Rule 67, Sec. 10] order that the same be paid to the court or to the
(b) Right to enter upon the property even pending judgment obligee within a period of not less than 90
appeal. The right of the plaintiff to enter upon the days nor more than 120 days from the entry of
property of the defendant and appropriate the judgment (“equity of redemption”).
same for public use or purpose shall not be
delayed by an appeal from the judgment. Sale
In default of such payment the property shall be sold
The judgment entered in expropriation proceedings at public auction to satisfy the judgment. [Rule 68,
shall state definitely, by an adequate description, the Sec. 2]
particular property or interest therein expropriated,
and the nature of the public use or purpose for which SALE OF MORTGAGED PROPERTY; EFFECT
it is expropriated. [Rule 67, Sec. 13] (a) When the defendant fails to pay the amount of
the judgment within the period specified therein,
EFFECT OF RECORDING OF JUDGMENT
the court, upon motion, shall order the property
When real estate is expropriated, a certified copy of to be sold in the manner and under the provisions
the judgment entered in expropriation proceedings of Rule 39 and other regulations governing sales
shall be recorded in the registry of deeds of the place of real estate under execution.
in which the property is situated, and its effect shall (1) It is the ministerial duty of the court to order
be to vest to plaintiff the title to the real estate so the foreclosure of the property when the debt
described for such public use or purpose. [Rule 67, is not paid within the period specified.
Sec. 13] (2) A motion for such order of sale is non-litigable
and may be made ex parte. [Gov’t of P.I. v De
FORECLOSURE OF REAL ESTATE MORTGAGE las Cajigas (1931)]
(Asked in the 2003 Bar Exam) (b) Such sale shall not affect the rights of persons
holding prior encumbrances upon the property or
The cause of action in a foreclosure suit is generally a part thereof, and
the non-payment of the mortgage loan, but it may (c) When confirmed by an order of the court, also
be on other grounds which under the contract upon motion, it shall operate to divest the rights
warrant the foreclosure, such as the violation of the in the property of all the parties to the action and
other conditions therein. to vest their rights in the purchaser, subject to
such rights of redemption as may be allowed by
Foreclosure may be made: law.
(a) judicially – governed by Rule 68

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(d) Possession: Upon the finality of the order of


confirmation or upon the expiration of the period If the debtor dies, the deficiency may be filed as a
of redemption when allowed by law, the claim against his estate. [Rule 86, Sec. 7]
purchaser at the auction sale or last
redemptioner, if any, shall be entitled to the Exceptions:
possession of the property, unless a third party is (a) Third Party Mortgagor - No deficiency judgment
actually holding the same adversely to the may be rendered where the mortgage was
judgment obligor. executed by a third person to secure the
(e) The said purchaser or last redemptioner may obligation of a debtor, such third person not
secure a writ of possession, upon motion, from having assumed personal liability for the debt.
the court which ordered the foreclosure. [Rule 68, The remedy is an ordinary action against the
Sec. 3] debtor. [Philippine Trust Co. v. Echaus Tan Siusa
(f) The purchaser is entitled to a writ of possession (1929)]
and it is ministerial upon the court to issue a writ
of possession in his favor upon an ex parte (b) Extrajudicial Foreclosure - There can be no
motion. [Barican, et al v Caguioa, et al, (1986)] deficiency judgment because there was no
judicial proceeding in the foreclosure. Recovery
DISPOSITION OF PROCEEDS OF SALE can be made through a separate action. [DBP v
Claims to be satisfied by the proceeds of the public Mirang (1975); DBP v Zaragosa, (1978); PNB v CA
sale of mortgaged property (in order): (1999)]
(a) Costs incurred in the sale of property
(b) Claim of the person foreclosing the property Instances when court cannot render deficiency
(c) Claims of junior encumbrancers in the order of judgment
their priority
JUDICIAL FORECLOSURE V. EXTRAJUDICIAL FORECLOSURE
If proceeds of the sale exceeds the cost of the sale as Judicial Foreclosure Extrajudicial Foreclosure
well as the claims of the person foreclosing the Governed by the Rules of Governed by Act 3135 as
property and junior encumbrancers, the residual Court amended
amount shall be given to the mortgagor or his agent, Involves the filing of an Does not require filing of
or to the person entitled to it. [Rule 68, Sec. 4] independent action an action
If the proceeds of the sale is less than the amount of Equity of redemption Right of redemption
the claims to be satisfied, the person foreclosing the EXCEPT if the
property may move for a DEFICIENCY JUDGMENT foreclosure is in favor of
from the court confirming the foreclosure sale, to banks as mortgagees, a
recover the amount of the deficiency in his claim. Right of redemption
exists
DEFICIENCY JUDGMENT There could be a No deficiency judgment
Definition: A judgment against a debtor for the deficiency judgment because there is no
unpaid balance of the debt if a foreclosure sale or a judicial proceeding
sale of repossessed personal property fails to yield BUT deficiency can be
the full amount of the debt due; also termed a recovered
deficiency decree. (Black’s Law Dictionary) Recovery of deficiency is Recovery of deficiency is
by mere motion for a by an independent
General rule: Sec. 6 provides for a deficiency deficiency judgment action
judgment which shall be rendered, on motion, when
the foreclosure sale did not produce proceeds Registration [Rule 68, Sec. 7]
sufficient to satisfy the judgment. A CERTIFIED COPY of the final order confirming the
sale shall be registered in the Registry of Deeds.
In extrajudicial foreclosure, the mortgagee can also
recover by action any deficiency in the mortgage If No Right Of If A Right Of Redemption
account which was not realized in the foreclosure Redemption Exists Exists
sale. [PNB v. CA (1999)] The Certificate of Title The Certificate of Title in
in the name of the the name of the
A motion for deficiency judgment may be made only mortgagor shall be mortgagor shall NOT be
after the sale and after it becomes known that a cancelled, and a new cancelled, but the
deficiency exists. [Governor of the Philippine Islands v. one issued in the name Certificate of Sale and
Torralba Vda. de Santos (1935)] of the purchaser. the order confirming the

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sale shall be registered Equity Of Redemption Right Of Redemption


and a brief where the mortgagee is
memorandum thereof the Philippine National
shall be made by the Bank or a bank or
Registrar of Deeds upon banking institution.
the certificate of title [Huerta Alba Resort, Inc.
v. CA (2000)]
If The Property Is If The Property Is Not
Redeemed Redeemed Confirmation of the sale of mortgaged real property
The Deed of The FINAL Deed of vests title in the purchaser including the equity of
Redemption shall be Sale executed by the redemption, it retroacts to the date of the sale. It
registered with the sheriff in favor of the cuts off all the rights or interests of the mortgagor
Registry of Deeds and a purchaser at the and of the mortgagee. [Lozame v Amores (1985]].
brief memorandum foreclosure sale shall
thereof shall be made be registered with the The motion for the confirmation of the sale requires
by the Registrar of Registry of Deeds. a hearing to grant an opportunity to the mortgagor
Deeds on said to show cause why the sale should not be confirmed
certificate of title. The Certificate of Title [Tiglao v Botones, 90 Phil 275], as by proof of
in the name of the irregularities therein or of gross inadequacy of the
mortgagor shall be price. Lack of notice vitiates the confirmation of the
cancelled and a new sale.
one shall be issued in
the name of the PARTITION
purchaser. Partition of property may be:
(a) Extrajudicial – by agreement
EQUITY OF REDEMPTION VERSUS RIGHT OF REDEMPTION (b) Judicial – compulsory; governed by Rule 69
Equity Of Redemption Right Of Redemption
Right of the defendant Right of redemption is Even if the parties resorted to judicial partition, they
mortgagor to extinguish the right granted to the may still make an amicable partition of the property.
the mortgage and retain debtor-mortgagor, his [Secs. 2 and 12]
ownership of the successor-in-interest or
property by paying the any judicial creditor of WHO MAY FILE COMPLAINT; WHO SHOULD BE MADE
amount fixed in the said debtor-mortgagor DEFENDANTS
decision of the court or any person having a Filed by person having the right to compel the
within 90 to 120 days lien in the property partition of real estate, [Sec. 1], or of personal
after entry of judgment subsequent to its property, or of both real and personal property. [Sec.
or even after the mortgage or deed of 13]
foreclosure sale but prior trust, under which the
to its confirmation. property is sold, to The plaintiff is the person who is supposed to be a
[Limpin v. Intermediate redeem the property co-owner of the property. The defendants are all the
Appellate Court (1988)] within 1 year from the co-owners, who are indispensable parties.
registration of the
sheriff’s certificate of Sepulveda v. Pelaez (2005): All persons considered as
foreclosure sale. [De co-owners and interested in the property to be
Castro v. Intermediate partitioned are indispensable parties to the action
Appellate Court [1988)] and must be impleaded.
The mortgagor may The right of redemption
exercise his equity of in relation to a mortgage Exceptions to the Right to Ask for Partition
redemption in judicial is understood in the (a) When there is a stipulation against it, not
foreclosure before the sense of a prerogative to exceeding 10 years [Art. 494, Civil Code]
sale is confirmed by the re-acquire mortgaged (b) When partition is prohibited by the donor or
court (Raymundo v property after testator for a period not exceeding 20 years [Art.
Sunico, 1913; Rosales v registration of the 494, 1083 Civil Code]
Suba, 2003). foreclosure sale. It exists (c) When partition is prohibited by law (e.g. ACP,
No right of redemption is only in the case of the party wall) [Art. 494, Civil Code]
recognized in a judicial extrajudicial foreclosure (d) When the property is not subject to a physical
foreclosure, except only of the mortgage. division and to do so would render it

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unserviceable for the use for which is it intended They must accept all or none. Parties who had
[Art. 495 Civil Code] or received the property assigned to them are
(e) When the condition imposed upon voluntary heirs precluded from subsequently attacking its validity of
before they can demand partition has not yet any part of it.
been fulfilled. [Art. 1084 Civil Code]
Partition may be inferred from circumstances
MATTERS TO ALLEGE IN THE COMPLAINT FOR PARTITION sufficiently strong to support the presumption. Thus,
Contents of complaint for partition after a long possession in severalty, a deed of
(a) Nature and extent of the complainant’s title partition may be presumed.
(b) Adequate description of the real estate of which
the partition is demanded Recitals in deeds, possession and occupation of land,
(c) All other persons interested in the property must improvements made thereon for a long series of
be impleaded. [Rule 69, Sec. 1] years, and acquiescence for 60 years, furnish
sufficient evidence that there was an actual partition
TWO (2) STAGES IN EVERY ACTION FOR PARTITION of land either by deed or by proceedings in the
Determination of the propriety of partition probate court, which had been lost and were not
This involves a determination of whether the subject recorded.
property is owned in common and whether all the
co-owners are made parties in the case. Where a tract of land held in common has been
The order may also require an accounting of rents subdivided into lots, and one of the lots has long
and profits recovered by the defendant. This order of been known and called by the name of one of the
partition is appealable. [Miranda v. Court of Appeals tenants in common, and there is no evidence of any
(1976)] subsequent claim of a tenancy in common, it may
fairly be inferred that there has been a partition and
If not appealed, then the parties may partition the that such lot was set off to him whose name it bears.
common property in the way they want. If they
cannot agree, then the case goes into the second Venue
stage. However, the order of accounting may in the Actions for partition should be filed in the RTC of the
meantime be executed. [De Mesa v. CA (1994)] province where the property or part thereof is
situated.
The actual partitioning of the subject property
This is also a complete proceeding and the order or If several distinct parcels of land are situated in
decision is appealable. different provinces, venue may be laid in the RTC of
any of said provinces. [Pancho v. Villanueva,(1956)]
When there was a prior partition, the fact that the
share of each co-heir has not been technically ORDER OF PARTITION AND PARTITION BY AGREEMENT
described and the title over the whole lot remains Order of partition
uncancelled does not negate such partition. After trial, if the court finds that the plaintiff has the
right to the property subject of partition, it shall issue
There can be no partition again because there is no an order demanding the partition of the real estate
st
more common property. [Noceda v. CA (1999)] among all the parties in interest. [Sec. 2] (Refers to 1
stage of partition)
Crucillo v. IAC, 1999: Oral partition of land when the
same is fully consummated is valid and binding upon Partition by Agreement
the parties thereto. After the issuance of the order of partition, the
parties will then be asked if they agree to make
Maglucot-aw et al. v. Maglucot et al. (2000): Parties to partition of the property among themselves
a partition proceeding, who elected to take under
partition, and who took possession of the portion
allotted to them, are estopped to question title to
portion allotted to another party. A person cannot
claim both under and against the same instrument. If they agree, proper instruments of conveyance
In other words, they accepted the lands awarded will be executed to effect the partition.
them by its provisions, and they cannot accept the
decree in part, and repudiate it in part.

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pays to the other parties such amounts as the


After the execution of instruments of
commissioners deem equitable
conveyance, the court shall confirm the
partition through a final order.
Exception: if one of the parties asks that the property
be sold instead of being so assigned, then the court
shall ORDER the commissioners to sell the real
estate at public sale under such conditions and
The final order of partition and the instruments within such time as the court may determine. [Rule
of conveyance shall be registered with the 69, Sec. 5]
Registry of Deeds where the property is
situated. [Rule 69, Sec. 2] Commissioner’s Report
The commissioners shall make a full and
accurate report to the court of all their
If they do not agree, there will be a partition by proceedings as to the partition, or the
commissioners. assignment of real estate to one of the parties or
the sale of the same.
A party shall recover from another his just share of
rents and profits received by such other party from
the real estate in question, and the judgment shall
include an allowance for such rents and profits. [Rule Upon filing the report, the clerk of court shall
69, Sec. 8] serve copies thereof on all interested parties with
notice that they are allowed 10 days within which
A final order decreeing partition and accounting may to file objections to the findings of the report, if
be appealed by any party aggrieved thereby. [Rule they so desire.
69, Sec. 2]

PARTITION BY COMMISSIONERS; APPOINTMENT OF


COMMISSIONERS, COMMISSIONER’S REPORT; COURT
ACTION UPON COMMISSIONER’S REPORT
No proceeding had before or conducted by the
commissioners shall pass the title to the
Appointment of commissioners property or bind the parties until the court
If the parties are unable to agree upon the partition, accepts the commissioners’ report and rendered
the court shall appoint not more than 3 competent judgment thereon. [Rule 69, Sec. 6]
and disinterested persons as commissioners to make
the partition, commanding them to set off to the
plaintiff and to each party in interest such part and
proportion of the property as the court shall direct.
[Rule 69, Sec. 3]

Duties of Commissioners [Rule 69, Sec. 4]:


(a) view and examine the real estate, after due notice
to the parties to attend at such view and
examination
(b) hear the parties as to their preference in the
portion of the property to be set apart to them
and the comparative value thereof
(c) set apart the same to the parties in lots or parcels
as will be most advantageous and equitable,
having due regard to the improvements, situation
and quality of the different parts thereof.

General rule: If the commissioners should determine


that the real estate cannot be divided without
prejudice to the interests of the parties, the court
may order that the property be assigned to one of
the parties willing to take the same PROVIDED he

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Upon the expiration of the 10-day period, PARTITION OF PERSONAL PROPERTY


or even before the expiration of such The provisions of Rule 69 shall apply to partitions of
period but after the interested parties filed estates composed of personal property, or of both
their objections to the report/statement of real and personal property, in so far as the same may
agreement, the court, upon hearing, may: be applicable. [Rule 69, Sec. 13]
(a) ACCEPT the commissioners’ report and
render JUDGMENT based upon it. PRESCRIPTION OF ACTION
(b) RECOMMIT the report to the The right of action to demand partition does not
commissioners for further report of prescribe [De Castro v. Echarri (1911)], EXCEPT where
facts if there is cause to do the same one of the interested parties openly and adversely
(c) SET ASIDE the report and APPOINT occupies the property without recognizing the co-
new commissioners ownership [Cordova v. Cordova (1958)] in which case,
(d) ACCEPT the report IN PART and acquisitive prescription may set in.
REJECT it IN PART
(e) Make such order and render such If a co-owner repudiates the co-ownership and
judgment as shall effectuate a fair and makes known such repudiation to the other co-
just partition of the real estate or of its owners, then partition is no longer a proper remedy
value, if the property is assigned or sold of the aggrieved co-owner. He should file an accion
between the several owners thereof. reivindicatoria, which is prescriptible. [Roque v. IAC
[Rule 69, Sec. 7] (1988)]

FORCIBLE ENTRY AND UNLAWFUL DETAINER


JUDGMENT AND ITS EFFECTS
(Asked in the 2000 Bar Exam in Relation to a Pending
Action for Specific Performance)
Contents of Judgment Effects of Judgment

If Actual Partition Is Properly Made DEFINITIONS AND DISTINCTION


Forcible Entry
Judgment shall state Judgment shall vest (a) Resorted to when a person is deprived of
definitely, by metes and in each party to the possession of any land or building by (1) force, (2)
bounds and adequate action in severalty intimidation, (3) strategy, (4) threat, or (5) stealth.
description, the particular the portion of the (FISTS)
portion of the real estate real estate assigned (b) Must be brought at any time within 1 year after
assigned to each party. to him. such unlawful deprivation in the proper MTC
If The Whole Property Is Assigned To One Of The against the person unlawfully depriving him of
Parties After Payment possession or against any person or persons
Judgment shall state the fact Judgment shall vest claiming under them.
of such payment and of the in the party making (c) Action must be for the restitution of possession of
assignment of the real estate the payment the property together with damages and costs. [Rule
to the party making the whole of the real 70, Sec. 1]
payment. estate free from any (d) The owners of a property have no authority to use
interest on the part force and violence to eject alleged usurpers who
of the other parties. were in prior physical possession of it.
If Property Is Sold And Sale Is Confirmed By The Court (e) They must file the appropriate action in court and
Judgment shall state the Judgment shall vest should not take the law into their own hands.
name of the purchaser or the real estate in the [Laurora v. Sterling Technopark (2003)]
purchasers and a definite purchaser(s),
description of the parcels of making the Unlawful Detainer
real estate sold to each payment(s) free (a) Resorted to when a lessor, vendor, vendee, or
purchaser from the claims of other person against whom the possession of any
any parties to the land or building is unlawfully withheld, after the
action. expiration or termination of the right to hold
possession by virtue of an express or implied
contract.
A certified copy of the judgment shall in either case (b) May also be brought by the legal representative
be recorded in the registry of deeds of the place in or assigns of any such lessor, vendor, vendee, or
which the real estate is situated. [Rule 69, Sec. 11] other persons.

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(c) Must be brought at any time within 1 year after (e) in the proper MTC or MeTC
the unlawful withholding of possession in the
proper Municipal Trial Court against the person Nature:
unlawfully withholding possession or persons (a) special civil action involving realty;
claiming under them. (b) subject to the Rules on Summary Procedure;
(d) Action must be for the restitution of possession of [Rule 70, Sec. 3]
property together with damages and costs. [Rule (c) under the original exclusive jurisdiction of first
70.1] level courts;
(d) nature of the action is determined by the
Forcible Entry Unlawful Detainer allegation of the complaint and the character of
Possession becomes Possession was lawful at the relief sought; [Abrin v. Campos (1991)]
unlawful right from the first but later becomes (e) one co-owner may institute the action.
very start (i.e. from the illegal, as when the lease
time of entry) as he contract has expired and Accion Publiciana
acquires possession by the lessee refuses to A plenary action for recovery of the right to possess
FISTS. vacate the premises and which should be brought in the proper regional
despite demand. trial court when the dispossession has lasted for
The deprivation of The unlawful withholding more than one year.
physical possession of of possession is made
land and building is after the expiration or Accion Reivindicatoria
effected through force, termination of the right to Also called accion de reivindicacion, it seeks the
intimidation, strategy, hold possession under recovery of ownership and includes the jus utendi
threat or stealth any contract, express or and the jus fruendi, which must be brought in the
(FISTS). implied. proper regional trial court.
The issue centers on The issue centers on
who was in prior whether the defendant’s It is thus an action whereby plaintiff alleges
possession de facto. right to possess has ownership over a parcel of land and seeks recovery of
expired or not. its full possession. [Javier v. Veridiano (1994)]
Previous demand upon Previous demand to
defendant to vacate not vacate required HOW TO DETERMINE JURISDICTION IN ACCION PUBLICIANA
required. (jurisdictional). AND ACCION REINVINDICATORIA
The plaintiff must allege The plaintiff need not be A/P and A/R are actions involving title to or
and prove that he was in in prior physical possession of real property or an interest therein
prior physical possession. (a) RTC has jurisdiction where the assessed value of
possession of the the property exceeds P20K or, in MM, P50k
premises until deprived (b) MTC has jurisdiction if the assessed value does
thereof. not exceed said amounts
1-year period counted 1-year period counted
from date of actual from date of last demand WHO MAY INSTITUTE THE ACTION AND WHEN; AGAINST
entry on the land. or last letter of demand. WHOM THE ACTION MAY BE MAINTAINED

DISTINGUISHED FROM ACCION PUBLICIANA AND ACCION Who may File, When, Against Whom
REINVINDICATORIA Who
A person deprived of the possession of any land or
Accion Interdictal building by force, intimidation, threat, strategy, or
(a) the summary action for forcible entry stealth, or a lessor, vendor, vendee, or other person
(detentacion) against whom the possession of any land or building
(b) where the defendant’s possession of property is is unlawfully withheld after the expiration or
illegal ab initio, or termination of the right to hold possession, by virtue
(c) the summary action for unlawful detainer of any contract, express or implied, or the legal
(desahucio) where the defendant’s possession representatives or assigns of any such lessor, vendor,
was originally lawful but ceased to be so by the vendee, or other person
expiration of his right to possess,
(d) both of which must be brought within one year When
from the date of actual entry to the land, in case At any time within 1 year after such unlawful
of forcible entry, and from the date of last deprivation or withholding of possession in the
demand, in case of unlawful detainer, proper MTC

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Against Whom Jakihaca v. Aquino (1990): Demand upon a tenant


The person or persons unlawfully withholding or may be oral.
depriving of possession, OR any person or persons
claiming under them [Rule 70, Sec. 1] Dakudao v. Consolacion (1983): A person who
occupies the land of another at the latter's tolerance
PLEADINGS ALLOWED or permission, without any contract between them is
Pleadings must be verified. [Rule 70, Sec. 4] necessarily bound by an implied promise that he will
vacate upon demand, failing which, an action for
Allowed pleadings [Rule 70, Sec. 4]: unlawful detainer may be instituted against him.
(a) Complaint
(b) Compulsory Counterclaim pleaded in the answer Muñoz v. CA (1992): This rule as to tolerance does not
(c) Cross-claim pleaded in the answer hold true in a case where there was forcible entry at
(d) Answer the start, but the lawful possessor did not attempt to
oust the intruder for over 1 year, and only thereafter
ACTION ON THE COMPLAINT filed forcible entry suit following demand to vacate.
From the examination of the allegations in the
complaint and such evidence as may be attached Refugia v. CA (1996): Tolerance must be presented
thereto, the court may: right from the start of possession sought to be
(a) DISMISS the case outright based on the grounds recovered to categorize a cause of action as one of
for dismissal for ordinary civil actions apparent in unlawful detainer.
the complaint, or
(b) ISSUE SUMMONS, if no ground for dismissal is Zobel v. Abreu (1956): When failure to pay rent or
found. [Rule 70, Sec. 5] comply with the condition of lease is the ground for
ejectment, plaintiff should give 2 demands (which
Cases requiring referral to conciliation, where there is may be embodied in 1 demand letter):
no showing of compliance with such requirement, (a) demand to pay rental or comply with conditions
shall be dismissed without prejudice, and may be of the lease, and if this is not complied with,
revived only after that requirement have been (b) demand to vacate
complied with. [Rule 70, Sec. 12]
Yap v. Cruz (1992): Notice and demand to vacate is
WHEN DEMAND IS NECESSARY required on a lease on a month-to-month period to
In cases of unlawful detainer, the action by the lessor render effective the termination of the lease upon
shall be commenced only after: the expiration of the month, and prevent an implied
(a) demand to pay or comply with the conditions of renewal of the lease.
the lease and to vacate is made upon the lessee,
or Penas, Jr. v. CA (1994): An alternative demand to
(b) by serving written notice of such demand upon either renew the expired lease contract at a higher
the person found on the premises, or rental rate or vacate is not a definite demand to
(c) by posting such notice on the premises if no vacate and therefore, insufficient basis for the filing
person be found thereon, and the lessee fails to of an action for unlawful detainer.
comply therewith after 15 days in the case of land
or 5 days in the case of buildings. [Rule 70, Sec. 2] Uy v. CA (1989): Refusal to collect or accept rentals is
not a defense. There must be consignation.
Exceptions (prior demand not required):
(a) Where purpose of the action is to terminate the Procedure
lease by reason of the expiry of its term, and is not
for failure to pay rentals or comply with the terms Filing of complaint.
of the lease contract. [Arquelada v. Philippine
Veterans Bank (2000) ]
(b) When the purpose of the suit is not for ejectment
but for the enforcement of the terms of the
contract. [Guanson v. Ban (1946)]
(c) When the defendant is not a tenant but a mere
intruder. [id]

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After the court has examined the allegations in Not later than 30 days after the last answer is
the complaint and supporting evidence attached filed, a PRELIMINARY CONFERENCE shall be
to the same, the court may: held.
(a) DISMISS the case outright based on the
grounds for dismissal for ordinary civil actions Rule 18 applicable. Effects of failure to appear:
apparent in the complaint, or (a) When the plaintiff does not appear
(b) ISSUE SUMMONS, if no ground for dismissal (1) It shall be a cause for dismissal of his
is found. [Rule 70, Sec. 5] complaint
(2) All cross-claims shall be dismissed
Cases requiring referral to conciliation, where (3) The defendant who appears in the
there is no showing of compliance with such absence of the plaintiff shall be entitled
requirement, shall be dismissed without prejudice, to the judgment on his counterclaim
and may be revived only after that requirement (b) When the defendant does not appear
have been complied with. [Rule 70, Sec. 12] The plaintiff shall be entitled to judgment
(This is true when there is only one
defendant or when all of the defendants did
not appear)

General rule: No postponement of the


The defendant shall file his ANSWER and preliminary conference shall be granted.
serve a copy of it to the plaintiff within 10 days
from service of summons. [Rule 70, Sec. 6] Exception: Highly meritorious grounds and
without prejudice to such sanctions as the court
Failure of the defendant to answer within the in the exercise of sound discretion may impose
period provided above shall give power to the on the movant. [Rule 70, Sec. 8]
court, motu propio or on motion, to render
judgment as may be warranted by the facts
alleged in the complaint and limited to what is
prayed for therein. [Rule 70, Sec. 7]

Affirmative and negative defenses and cross- The court shall issue an ORDER stating matters
claims and compulsory counterclaims not taken up during the preliminary conference
pleaded in the answer are deemed waived. within 5 days after the termination of the same.

Exception: lack of jurisdiction over the subject Contents of the Order:


matter. (a) Whether the parties have arrived at an
amicable settlement, and if so, terms thereof;
(b) The stipulations or admissions entered into
by the parties;
(c) Whether, on the basis of the pleadings and
the stipulations and admissions made by the
Answers to the counterclaims or cross-claims shall
be served and filed within 10 days from service of parties, judgment may be rendered without
the answer in which they are pleaded. the need of further proceedings, in which
event the judgment shall be rendered within
30 days from issuance of the order;
(d) A clear specification of material facts which
remain controverted;
Such other matters intended to expedite the
Where there is a defense of tenancy, there must disposition of the case. [Rule 70, Sec. 9]
be a preliminary hearing on the question of
tenancy relations. [Bayog v. Natino (1996)] If there
is a prima facie showing of tenancy, the court
should dismiss the case for lack of jurisdiction
(jurisdiction belongs to the DARAB). [Baranda v.
Padios (1987)]

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The parties shall submit affidavits of their Judgment


witnesses and other evidence on the factual General Rule: The court shall render judgment
issues defined in the order, together with their within 30 days from the date of its receipt of
position papers setting forth the law and the facts the affidavits and position papers OR the
relied upon by them within 10 days from receipt of expiration of the period for filing the same.
the order. [Rule 70, Sec. 10] [Rule 70, Sec. 11]

Affidavits required to be submitted shall state Exception: Should the court find it necessary
only facts of direct personal knowledge of the to clarify certain material facts, it may during
affiants which are admissible in evidence, and the 30-day period issue an ORDER specifying
shall show their competence to testify to the the matters to be clarified and require the
matters stated therein. parties to submit affidavits or other evidence
on the said matters within 10 days from
Violation of this requirement may subject the receipt of said order. Judgment shall be
party or the counsel who submits the same to rendered within 15 days after receipt of the
disciplinary action and shall be cause to expunge last affidavit or the expiration of the period for
the inadmissible affidavit or portion thereof from filing the same. [Ibid.]
the records. [Rule 70, Sec. 14]
The court shall not resort to the foregoing
procedure just to gain time for the rendition of
the judgment. [Id.]

If the trial court finds that the allegations of


the complaint are TRUE, it shall render
judgment in favor of the plaintiff for
(a) restitution of the premises,
(b) the just sum due as arrears of rent or
reasonable compensation for the use and
occupation of the premises.
(c) attorney’s fees and costs. [Rule 70, Sec. 17]

If the court finds that the allegations of the


plaintiffs are NOT TRUE, it shall render
judgment for the defendant to recover his
costs. [Ibid.]

The judgment rendered in an action for


forcible entry shall be conclusive with respect
to the possession only, and it shall not in any
way affect the title or ownership of the land or
building. Hence, such judgment shall not bar
an action between the same parties with
respect to the title of the land or building.

The judgment or final order shall be


appealable to the appropriate RTC. [Rule 70,
Sec. 18]

Execution of judgment
General Rule: If judgment is rendered against a
defendant, execution shall issue immediately. [Rule
70, Secs. 19 and 21]

Exception: Appeal has been duly perfected by the


defendant and bond has been posted.

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(b) An ‘accion publiciana’ does not suspend an


Lu v. Siapno (2000): Although immediately ejectment suit against the plaintiff in the former
executory, the judge should not order immediate [Ramirez v. Bleza (1981)].
execution in his decision. (c) A ‘writ of possession case’ where ownership is
concededly the principal issue before the
Kaw v. Anunciacion (1995): There must be notice of Regional Trial Court does not preclude nor bar
the judgment and a motion with notice to the the execution of the judgment in an unlawful
adverse party. detainer suit where the only issue involved is the
material possession or possession de facto of the
PRELIMINARY INJUNCTION AND PRELIMINARY MANDATORY
premises [Heirs of F. Guballa, Sr. v CA (1988)].
INJUNCTION
(d) An action for quieting of title to the property is
not a bar to an ejectment suit involving the same
Preliminary injunction property [Quimpo v. de la Victoria (1972)].
The court may grant preliminary injunction in (e) Suit for specific performance with damages do
accordance with Rule 58 to prevent the defendant not affect ejectment actions (e.g., to compel
from committing further acts of dispossession renewal of lease contract) [Desamito v. Cuyegkeng
against the plaintiff. (1966)]; (Asked in the 2000 Bar Exam)
(f) An action for reformation of instrument (e.g. from
A possessor deprived of his possession may move for deed of absolute sale to one of sale with pacto de
a preliminary mandatory injunction within 5 days to retro ) does not suspend an ejectment suit
restore him in his possession of the property. The between the same parties [Judith v. Abragan
court then shall decide the motion within 30 days (1975)].
from the filing thereof. [Rule 70, Sec. 15] (g) An action for reconveyance of property or ‘accion
reivindicatoria’ also has no effect on ejectment
RESOLVING DEFENSE OF OWNERSHIP
suits regarding the same property [Del Rosario v.
Jimenez (1963)].
When ownership is raised as a defense, the court (h) Neither do suits for annulment of sale, or title, or
may resolved the issue of ownership but only under document affecting property operate to abate
these conditions: ejectment actions respecting the same property
(a) When the issue of possession cannot be resolved [Salinas v. Navarro - annulment of deed of sale
without resolving the issue of ownership; and with assumption of mortgage and/or to declare the
(b) The issue of ownership shall be resolved only to same an equitable mortgage (1983); Ang Ping v.
determine the issue of possession [Rule 70, Sec. RTC - annulment of sale of title (1987); Caparros v.
16]. C.A. - annulment of title (1989); Dante v. Sison -
annulment of sale with damages 174 SCRA 517;
When the defendant asserts ownership over the Galgala v. Benguet Consolidated, Inc. - annulment
property, the inferior court is not divested of its of document (1989)].
jurisdiction [Rural Bank of Sta. Ignacia, Inc v
HOW TO STAY THE IMMEDIATE EXECUTION OF JUDGMENT
Dimatulac (2003)]
General Rule: If judgment is rendered against a
The judgment rendered in an action for forcible entry defendant, execution shall issue immediately. [Rule
or unlawful detainer shall be conclusive with respect 70, Sec. 19 and 70.21]
to the possession only, and it shall not in any way
affect the title or ownership of the land or building. Exception: Appeal has been duly perfected by the
Hence, such judgment shall not bar an action defendant and bond has been posted.
between the same parties with respect to the title of
the land or building. [Rule 70, Sec. 18] Procedure for staying the execution of judgment:
(a) defendant perfects his appeal in due time;
Matters Not Constituting Prejudicial Question to (b) defendant files a sufficient supersedeas bond
Ejectment [Arcal v. Court of Appeals (1998)] approved by the Municipal Trial Court; and
(a) Injunction suits instituted in the RTC by (c) during the pendency of the appeal, he deposits
defendants in ejectment actions in the municipal with the appellate court the amount of rent due
trial courts or other courts of the first level from time to time under the contract, if any, on or
[Nacorda v. Yatco (1996)] do not abate the latter, before the 10th day of each succeeding month.
and neither do proceedings on consignation of [Rule 70, Sec. 19]
rentals [Lim Si v. Lim (1956)]

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BUT upon motion of the plaintiff within 10 days from According to Nature
the perfection of the appeal to the RTC, the court (a) Civil
may still issue a preliminary mandatory injunction to (b) Criminal
restore the plaintiff in possession if the court is
satisfied that the defendant’s appeal is frivolous or PURPOSE AND NATURE OF EACH
dilatory, or that the appeal of the plaintiff is prima Direct Contempt (Contempt In Facie Curiae)
facie meritorious. [Rule 70, Sec. 20] A misbehavior committed in the presence of or so
near a court or judge so as to obstruct or interrupt
SUMMARY PROCEDURE, PROHIBITED PLEADINGS the proceedings before the same, including:
Prohibited pleadings and motions [Rule 70, Sec. 13]: (a) disrespect toward the court
(a) Motion to dismiss (b) offensive personalities toward others
Exceptions: (c) refusal to be sworn or to answer as a witness or to
(1) Motion to dismiss based on lack of jurisdiction subscribe an affidavit/deposition when lawfully
over the subject matter required to do so.
(2) Motion to dismiss for failure to comply with
section 12 (referral to Lupon for conciliation) It can be punished summarily without hearing. It is
(b) Motion for a Bill of Particulars conduct directed against or assailing the authority
(c) Motion for New Trial and dignity of the court or a judge, or in the doing of
(d) Motion for reconsideration of a judgment a forbidden act. [Encinas v. National Bookstore
(e) Motion for reopening of trial (2005); Rule 71, Sec. 1]
(f) Petition for relief from judgment
(g) Motion for extension of time to file pleadings, Indirect Contempt (Constructive Contempt)
affidavits or other papers A misbehavior perpetrated outside of the sitting of
(h) Memoranda the court. [Patricio v. Suplico (1991)]
(i) Petition for Certiorari, Mandamus or Prohibition
against any interlocutory order issued by the Acts of indirect contempt:
court (a) Misbehavior of an officer of the court in the
(j) Motion to declare defendant in default performance of his official duties or in his official
(k) Dilatory motions for postponement transactions;
(l) Reply (b) Disobedience of or resistance to a lawful writ,
(m) Third-party complaints process, order, or judgment of a court, including
(n) Interventions the act of a person who, after being dispossessed
or ejected from any real property by the judgment
CONTEMPT or process of any court of competent jurisdiction,
enters or attempts to or induces another to enter
Definition into or upon such real property, for the purpose of
Contempt of court executing acts of ownership or possession, or in
Is a defiance of the authority, justice or dignity of the any manner disturbs the possession given to the
court, such conduct as tends to bring the authority person adjudged to be entitled thereto;
and administration of the law into disrespect of, to (c) Any abuse of or any unlawful interference with
interfere with, or prejudice parties litigant or their the processes or proceedings of a court not
witnesses during litigation. constituting direct contempt;
It is defined as a disobedience to the court by setting (d) Any improper conduct tending, directly or
up an opposition to its authority, justice and dignity. indirectly, to impede, obstruct or degrade the
administration of justice;
It signifies not only a willful disregard or (e) Assuming to be an attorney or an officer of the
disobedience to the court’s order but such conduct court, and acting as such without authority;
as tends to bring the authority of the court and the (f) Failure to obey a subpoena duly served;
administration of law into disrepute or in some (g) The rescue or attempted rescue, of a person or
manner to impede the due administration of justice. property in the custody of an officer by virtue of
[Heirs of Trinidad de Leon Vda. de Ramos v. Court of an order or process of a court held by him. [Rule
Appeals (2004)] 71, Sec. 3]

KINDS OF CONTEMPT Two Aspects of Contempt Of Court


According to the Manner of Commission Civil Contempt is the failure to do something ordered
(a) Direct to be done by a court or a judge for the benefit of the
(b) Indirect opposing party therein. [People v. Godoy, 1995];

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remedial or compensatory in nature; instituted for Radio Phils Network v. Yap (2012):_To be considered
the benefit of private party. contemptuous, an act must be clearly contrary to or
prohibited by the order of the court or tribunal. A
Criminal Contempt is conduct directed against the person cannot, for disobedience, be punished for
authority and dignity of a court or of a judge, as in contempt unless the act which is forbidden or
unlawfully assailing or discrediting the authority and required to be done is clearly and exactly defined, so
dignity of a court or a judge or in doing a forbidden that there can be no reasonable doubt or uncertainty
act [People v. Godoy, 1995]; punitive in nature, thus, as to what specific act or thing is forbidden or
the proceedings are to be conducted in accordance required.
with the principles and rules applicable to criminal
cases [SEC v. Recto, 1999]. REMEDY AGAINST DIRECT CONTEMPT; PENALTY

SEC v. Recto (1999): The violation of a TRO issued by REMEDY AGAINST INDIRECT CONTEMPT; PENALTY
the SEC or any quasi-judicial tribunal is criminal
contempt so that acquittal of the respondents is HOW CONTEMPT PROCEEDINGS ARE COMMENCED
unappealable. See Annex G.

Crucillo v. IAC (1999): A writ of execution issued by a Procedure for Indirect Contempt
court after 5 years from entry of final judgment is [Secs. 4-6]
void, and disobedience thereto does not constitute Who Court Motu Propio Party
indirect contempt. Initiates
How it is By ORDER or any By a VERIFIED
Panado v. CA (1998): The power to declare a person initiated WRITTEN CHARGE PETITION with
in contempt of court serves to protect and preserve requiring supporting
the dignity of the court, the solemnity of the respondent to show particulars and
proceedings therein and the administration of cause why he certified true
justice. should not be held copy of
in contempt. documents or
But this must be wielded sparingly. For this power papers involved
should be exercised on the preservative and not on and full
Where it is When the contempt iscompliance
directed against
with
the vindictive principle.
initiated an RTC or equivalentthe or requirements
higher rank:
Same court for filing
Only occasionally should the court invoke its inherent
power in order to retain that respect without which When the contempt isinitiatory
directed against
the administration of justice must falter or fail. a lower court: pleadings in
(a) RTC of the place ordinary
where the lowercivil
LandBank v. Listana (2003): Only the court which court is sitting; or actions.
rendered the order commanding the doing of a (b) in same lower court subject to
certain act is vested with the right to determine appeal to higher court
whether or not the order has been complied with, or Hearing If hearing is not immediately conducted,
whether a sufficient reason has been given for non- and Bail respondent may be released upon filing
compliance, and, therefore, whether a contempt has of BOND in the amount fixed by the
been committed. court.
Appeal Appeal may be taken in proper courts
The power to determine the existence of contempt of as in criminal cases.
court rests exclusively with the court contemned. No Execution Execution of judgment shall not be
court is authorized to punish a contempt against of suspended even by appeal UNLESS
another. Judgment bond is filed conditioned upon the
performance by the respondent of that
Quasi-judicial agencies that have the power to cite judgment should it be decided against
persons for indirect contempt pursuant to Rule 71 him on appeal.
can only do so by initiating them in the proper RTC. It
is not within their jurisdiction and competence to ACTS DEEMED PUNISHABLE AS INDIRECT CONTEMPT
decide the indirect contempt cases. These matters (a) Misbehavior of an officer of the court in the
are still within the province of the RTCs. performance of his official duties or in his official
transactions;

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(b) Disobedience of or resistance to a lawful writ, administratrix of the property. The non-payment of
process, order, or judgment of a court, including rentals, which is a civil debt, is covered by the
the act of a person who, after being dispossessed constitutional guarantee against imprisonment.
or ejected from any real property by the judgment [Regalado]
or process of any court of competent jurisdiction,
enters or attempts to or induces another to enter CONTEMPT AGAINST QUASI-JUDICIAL BODIES
into or upon such real property, for the purpose of Rule 71 applies to contempt committed against
executing acts of ownership or possession, or in persons, entities, bodies or agencies exercising
any manner disturbs the possession given to the quasi-judicial functions, or shall have suppletory
person adjudged to be entitled thereto; effect to such rules as they may have adopted
(c) Any abuse of or any unlawful interference with pursuant to authority granted to them by law to
the processes or proceedings of a court not punish for contempt.
constituting direct contempt;
(d) Any improper conduct tending, directly or Where to file: RTC of the place wherein the contempt
indirectly, to impede, obstruct or degrade the has been committed. [Rule 71, Sec. 12]
administration of justice;
(e) Assuming to be an attorney or an officer of the It is not within the jurisdiction and competence of
court, and acting as such without authority; quasi-judicial bodies to decide indirect contempt
(f) Failure to obey a subpoena duly served; cases. The requirement for a verified petition must
(g) The rescue or attempted rescue, of a person or also be complied with (e.g. DARAB has no power to
property in the custody of an officer by virtue of decide the contempt charge filed before it). [Land
an order or process of a court held by him. [Rule Bank v Listana (2003)]
71, Sec. 3]
Rule 71, Sec. 12 confers contempt powers on all
WHEN IMPRISONMENT SHALL BE IMPOSED Quasi-Judicial entities or supplements their rules,
When the contempt consists in the refusal or unless the applicable law provides otherwise.
omission to do an act which is yet in the power of the
respondent to perform, he may be imprisoned by Acts or violations against quasi-judicial bodies
order of the court concerned until he performs it. punishable as contempt: where a person, without
[Rule 71, Sec. 8]. lawful excuse, fails to appear, make oath, give
testimony or produce documents when required to
The respondent “carried the keys to his prison in his do so by the official or body exercising such powers.
own pocket.” [Galvez v. Republic Surety & Insurance Other acts or violations cannot be punished as
Co., Inc. (1959)] contempt unless specifically defined in the governing
law as contempt of court or if it authorizes the quasi-
Only the judge who ordered the confinement of the judicial body to punish for contempt, and providing
person for contempt of court can issue the Order of the corresponding penalty. [People v. Mendoza
Release. [Inoturan v Limsiaco, Jr. (2005)] (1953), §13, Ch. 3, Bk VII, Admin Code of 1987]

Rule 71, Sec. 8 does not apply to tenants who refused


or failed to pay their rentals to the special

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ANNEX A
(1) Service on person associated in If sued under the name by which they are commonly known – Serve upon
an entity without juridical either:
personality [Rule 14, Sec. 8] (a) Any/all the defendants;
(b) Person in charge of the office
The service does not bind individually any person whose connection with the
entity was already severed before the service
(2) Service upon minors and Serve upon the minor/incompetent and on his legal guardian.
incompetents [Rule 14, Sec. 10] (a) If there is no guardian, plaintiff may apply for the appointment of a
guardian ad litem.
(b) If minor, may serve on his parents.
(3) Service upon prisoner [Rule 14, Serve upon the officer having management of the jail/prison
Sec. 9]
(4) Service upon domestic private Serve upon either the:
juridical entity [Rule 14, Sec. 11] (1) President
(2) Managing partner
(3) General manager
(4) Corporate secretary
(5) Treasurer
(6) In-house counsel
(5) Service upon foreign private Serve upon the resident agent;
juridical entity [Rule 14, Sec. 12] Otherwise, upon either:
(1) Government official designated by law;
(2) Any officer or agent of the corporation within the Philippines
(6) Service upon public corporations If the defendant is the Republic of the Philippines – Serve upon the OSG
[Rule 14, Sec. 13]
If the defendant is a province/city/municipality or like public corporations –
Serve upon the executive head or other officers as the law/court may direct
(7) Extraterritorial service [Rule 14, Requisites: (Asked in the 1997 and 2008 Bar Exam)
Sec. 15] (1) Defendant does not reside or is not found in the Philippines;
(2) Action either:
(a) Affects the plaintiff’s personal status;
(b) Relates to or the subject matter of which is property within the
Philippines in which defendant has a lien/interest;
(c) Demands a relief which consists wholly/partially in excluding the
defendant from any interest in any property within the Philippines;
(d) Has defendant’s property in the Philippines, attached.

Modes of service:
(1) With leave of court, serve outside the Philippines by personal service; or
(2) With leave of court, serve by publication in a newspaper of general
circulation, in which case copy of the summons and order of the court
must also be sent by registered mail to the defendant’s last known
address;
(3) Any other manner the court deems sufficient
The court order granting extraterritorial service shall specify a period of at
least 60 days within which the defendant must answer.
(8) Service upon a resident With leave of court, may serve extraterritorially
temporarily out of the
Philippines [Rule 14, Sec. 16]
(9) Service upon a defendant whose With leave of court, by publication in a newspaper of general circulation
identity or whereabouts are
unknown [Rule 14, Sec. 14]

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ANNEX B

Subpoena Duces Tecum OrdeffFor Production or Inspection

Nature
Process requiring a person to bring with him any Order any party to produce and permit the inspection
books, documents, documents, or other things under and copying or photographing, by or on behalf of the
his control or possession. moving party,
(a) of any designated documents, papers, books,
accounts, letters, photographs, objects or tangible
things, not privileged,
(b) which constitute or contain evidence material to any
matter involved in the action and which are in his
possession, custody or control, or

Order any party to permit entry upon designated land


or other property in his possession or control for the
purpose of inspecting, measuring, surveying, or
photographing the property or any designated relevant
object or operation thereon.
To whom directed
To any person Only to a party
When it may be asked
Only during trial Before and/or during trial
Issued by whom
Issued by a court before whom the witness is required Issued by the court where the action is pending
to attend, or court where the deposition is to be taken
or clerk or body authorized by law or any justice of the
Supreme Court or CA in any case or investigation
pending within the Philippines
When issued
Issued upon request to the clerk (no notice) Issued upon motion (application with notice to the other
party)
W/N it is necessary to show good cause
NO YES
Grounds for quashal
 unreasonable, oppressive, irrelevant, or No good cause shown
 the person in whose behalf the subpoena is issued
fails to advance the reasonable costs of the
production thereof
Consequence of disobedience
Constitutes contempt of the court from which the See Rule 29, Sec. 3
subpoena is issued

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ANNEX C

Provision Highlights Applicability

Section 1. REFUSAL TO ANSWER. If a party or other deponent refuses to PARTY OR DEPONENT /WITNESS IN
answer any question upon oral examination (a) RULE 23 (depositions de bene
(a) the examination may be completed on other matters or esse),
(b) adjourned as the proponent of the question may prefer. (b) RULE 24 (depositions in perpetua
The proponent may thereafter apply (i.e., by MOTION FOR THE rei memoriam)
ISSUANCE OF AN ORDER TO COMPEL AN ANSWER) to the proper court (c) RULE 25. INTERROGATORIES TO
of the place where the deposition is being taken, for an order to compel PARTIES
an answer.

IF THE APPLICATION IS GRANTED


(a) the court shall require the refusing party or deponent to answer the
question or interrogatory, and
(b) if it also finds that the refusal to answer was without substantial
justification, it may require the refusing party or deponent or the
counsel advising the refusal, or both of them, to pay the proponent
the amount of the reasonable expenses incurred in obtaining the
order, including attorney's fees.

IF THE APPLICATION IS DENIED and the court finds that it was filed
without substantial justification, the court may require the proponent or
the counsel advising the filing of the application, or both of them, to pay
to the refusing party or deponent the amount of the reasonable expenses
incurred in opposing the application, including attorney's fees.
Section 2. Contempt of court. If a party or other witness PARTY OR WITNESS IN
(a) refuses to BE SWORN OR (a) RULE 23 (depositions de bene
(b) refuses to answer any question esse),
(b) RULE 24 (depositions in perpetuam
after being directed to do so by the court of the place in which the rei memoriam)
deposition is being taken, the refusal may be considered a contempt of
that court.
Section 3. Other consequences. THE AGGRIEVED PARTY MAY APPLY PARTY or an OFFICER OR MANAGING
FOR: AGENT OF A PARTY in RULE 23, 24,
25 who refuses to obey an order made
An order under RULE 29 Section 1
(a) that the matters regarding which the questions were asked, or the
character or description of the thing or land, or the contents of the PARTY who refuses to obey an order
paper, or the physical or mental condition of the party, under RULE 27 to produce any
(b) or any other designated facts shall be taken to be established for the document or other thing for inspection,
purposes of the action in accordance with the claim of the party or to permit entry upon land
obtaining the order;
PARTY who refuses to obey an order
An order made under RULE 28 requiring him to
(a) refusing to allow the disobedient party to support or oppose take a physical examination
designated claims or defenses or
(b) prohibiting him from introducing in evidence designated documents (APPLIES TO all modes of discovery
or things or items of testimony, or except RULE 26 ON REQUEST FOR
(c) from introducing evidence of physical or mental condition; ADMISSION BY AN ADVERSE PARTY)

An order
(a) striking out pleadings or parts thereof, or
(b) staying further proceedings until the order is obeyed, or
(c) dismissing the action or proceeding or any part thereof, or
(d) rendering a judgment by default against the disobedient party; and

IN LIEU OF ANY OF THE FOREGOING ORDERS OR IN ADDITION


THERETO, an order directing the arrest of any party or agent of a party
for disobeying any of such orders except an order to submit to a physical
or mental examination.
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Provision Highlights Applicability

Section 4. Expenses on refusal to admit. PARTY SERVED WITH A REQUEST


If a party after being served with a request under Rule 26 RULE 26 ADMISSION BY AN
(a) refuses to admit the genuineness of any document or the truth of any ADVERSE PARTY
matter of fact and
(b) serves a sworn denial thereof, and
(c) if the party requesting the admissions thereafter proves the
genuineness of such document or the truth of any such matter of fact
(d) he may apply to the court for an order requiring the other party to pay
him the reasonable expenses incurred in making such proof, including
attorney's fees.

Unless the court finds THAT THERE WERE GOOD REASONS FOR THE
DENIAL OR THAT ADMISSIONS SOUGHT WERE OF NO SUBSTANTIAL
IMPORTANCE, SUCH ORDER SHALL BE ISSUED.
SECTION 5. FAILURE OF PARTY TO ATTEND OR SERVE ANSWERS. PARTY OR AN OFFICER OR
MANAGING AGENT OF A PARTY
If a party or an officer or managing agent of a party RULE 23 (depositions de bene esse),
wilfully fails to appear before the officer who is to take his deposition, RULE 24 (depositions in perpetuam rei
after being served with a proper notice, or memoriam)
fails to serve answers to interrogatories submitted under Rule 25 after RULE 25 INTERROGATORIES TO
proper service of such interrogatories, PARTIES

The court on motion and notice, may


strike out all or any part of any pleading of that party, or
dismiss the action or proceeding or any part thereof, or
enter a judgment by default against that party,
and in its discretion, order him to pay reasonable expenses incurred by
the other, including attorney's fees
SECTION 6. EXPENSES AGAINST THE REPUBLIC OF THE PHILIPPINES. Applies to all provisions in Rule 29
requiring a noncompliant party or
Expenses and attorney's fees are not to be imposed upon the Republic of witness (who represents the Republic
the Philippines under this Rule in an official capacity) to pay.

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ANNEX D
JUDGMENT OR FINAL ORDER (order
that disposes of the action or proceeding)

If no appeal has been perfected, or the If an appeal has been perfected and duly
period of appeal has expired resolv ed, there are two ways by whic h
execution can be carried out

Prevailing Party applies (by motion) for a


writ of execution, whic h is granted by the Prevailing party files a The appellate court
judge since it is a matter of right motion in the court of may, on motion in the
origin, submitting same case, when the
therewith certified true interest of justice so
copies of the judgment or requires, direct the
judgments or final order court of origin to issue
or orders sought to be the writ of execution.
enforced and of the entry
thereof, with notice to
the adverse party1.

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ANNEX E
Situation 1: Trial Court still has Situation 2: Trial court has lost
jurisdiction over the case and is in jurisdiction
possession of either the original record
or the record on appeal, as the case
may be.

In Situation1, prevailing party files a MOTION WITH


NOTICE TO THE ADVERSE PARTY in the Trial
Court. In Situation2, prevailing party files the motion
for execution pending appeal in the appellate court.

Discretionary execution may be


granted only for GOOD REASONS to
be stated in a SPECIAL ORDER.

NOTE HOWEVER that Discretionary execution may be stayed upon approval by the proper
court of a SUFFICIENT SUPERSEDEAS BOND FILED by the party against whom it is
directed, conditioned upon the performance of the judgment or order allowed to be executed
in case it shall be finally sustained in whole or in part. The bond thus given m ay be
proceeded against on motion with notice to the surety

IN CASE the judgment w hic h was executed pending appeal is reversed


totally or partially, or annulled, on appeal or otherwise, the trial court may, on
motion, issue such orders of restitution or reparation of dam ages as
equity and justice m ay w arrant under the circumstances

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ANNEX F
Certiorari Prohibition Mandamus
(Asked In 2000 And 2006 Bar (Asked In The 2006 Bar Exam)
Exams)
Grounds
(a) When any tribunal, board or (a) When the proceedings of any (a) When any tribunal, corporation,
officer exercising judicial or tribunal, corporation, board, board, officer or person
quasi-judicial functions has officer or person, whether (1) unlawfully neglects the
acted: exercising judicial, quasi- performance of an act which
(1) without or in excess of its judicial, or ministerial functions, the law specifically enjoins as
jurisdiction; or are a duty resulting from an
(2) with grave abuse of discretion (1) without or in excess of its or office, trust or station; or
amounting to lack or excess his jurisdiction; or (2) unlawfully excludes another
1
of its or his jurisdiction (2) with grave abuse of discretion from the use and enjoyment
(b) AND there is no appeal, or any amounting to lack or excess of a right or office to which
plain, speedy, and adequate of its or his jurisdiction such other is entitled
2
remedy in the ordinary course of (b) AND there is no appeal or any (b) AND there is no other plain,
law. (Rule 65, Sec. 1) other plain, speedy, and speedy and adequate remedy in
adequate remedy in the ordinary the ordinary course of law. (Rule
course of law. (Rule 65, Sec. 2) 65, Sec. 3)
Purpose
To correct an act performed by the To prevent the commission or To compel the performance of the
respondent carrying out of an act act desired
Act sought to be controlled
Discretionary acts Discretionary and ministerial acts Ministerial acts
Petitioner
Aggrieved person Aggrieved person Aggrieved person
3
Respondent
Those exercising judicial or quasi- Those exercising judicial and/or Those exercising judicial and/or
judicial functions non-judicial functions non-judicial functions
Form of petition
(a) Verified (a) verified (a) verified
(b) alleging the facts with certainty (b) alleging the facts with certainty (b) alleging the facts with certainty
(c) PRAYER: that judgment be (c) PRAYER: that judgment be (c) PRAYER: that judgment be
rendered annulling or modifying rendered commanding the rendered commanding the
the proceedings of such tribunal, respondent to desist from respondent, immediately or
etc., and granting such incidental further proceedings in the action some other time to be specified
reliefs as law and justice may or matter specified therein, or by the court, to do the act
require. otherwise granting such required to be done to protect
(d) accompanied by a certified true incidental reliefs as law and the rights of the petitioner, and
copy of the subject judgment, justice may require. to pay the damages sustained by
etc., copies of all relevant (d) accompanied by a certified true the petitioner by reason of the
pleadings and documents, and a copy of the subject judgment, wrongful acts of the respondent.
certification of non-forum etc., copies of all relevant (d) contains a certificate of non-
shopping. pleadings and documents, and a forum shopping.
certification of non-forum
shopping.

Without jurisdiction If respondent does not have the legal power to determine the case
Excess of jurisdiction If respondent has the legal power to determine the case but oversteps such power
Grave abuse of discretion If respondent has the legal power to determine the case but acts in a capricious, whimsical, arbitrary or
despotic manner in the exercise of his judgment
2
A remedy is plain, speedy and adequate if it will promptly relieve the petitioner from the injurious effects of the judgment and the acts of the
lower court or agency. [Silvestre v. Torres (1946)]
3
When the petition filed relates to the acts or omissions of a judge, court, quasi-judicial agency, tribunal, corporation, board, officer or person,
the petitioner shall join, as private respondent or respondents with such public respondent or respondents, the person or persons interested in
sustaining the proceedings in the court; and it shall be the duty of such private respondents to appear and defend, both in his or their own
behalf and in behalf of the public respondent or respondents affected by the proceedings. xxx

If the case is elevated to a higher court by either party, the public respondents shall be included therein as nominal parties. However, unless
otherwise specifically directed by the court, they shall not appear or participate in the proceedings therein. [Rule 65, Sec. 5]
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ANNEX G

Direct Contempt Indirect Contempt

How Committed
Can be committed only in the presence of or so near a Can be committed anywhere as long as the acts
court or judge. mentioned in Sec. 3 are done.
Nature of Proceedings
The person guilty of misbehavior is summarily adjudged The person guilty of misbehavior may be punished
by the court against which the contempt was only after charge in writing has been filed, and an
committed at the very moment of the perpetration. opportunity given to the accused to be heard by himself
[Rule 71, Sec. 1] or counsel [Rule 71, Sec. 3]
Punishment
If the contempt is directed against an RTC, a court of equivalent or higher rank:
FINE = not exceeding P2,000; or FINE = not exceeding P30,000; or
IMPRISONMENT = not exceeding 10 days; or both IMPRISONMENT = not exceeding 6 months; or both
If the contempt is directed against a lower court:
FINE = not exceeding P200; or FINE = not exceeding P5,000; or
IMPRISONMENT = not exceeding 1 day; or both IMPRISONMENT = not exceeding 1 month; or both
[Rule 71, Sec. 1] [Rule 71, Sec. 7]
How proceedings commenced
Summarily adjudged by the court against which the (a) By the court motu propio thru an ORDER or any
contempt is directed and punished there and then. formal charge
[Rule 71, Sec. 1] (b) In all other cases, by a VERIFIED PETITION.
(If the contempt charges arose out of or are related to
a principal action pending in the court, the petition for
contempt shall allege that fact, but said petition shall
be docketed, heard and decided separately, unless the
court in its discretion orders the consolidation of the
contempt charge and the principal action for joint
hearing and decision.)
[Rule 71, Sec. 4]
Remedy
No appeal, but subject to certiorari or prohibition. May be appealed to the proper court as in criminal
[Rule 71, Sec. 2] cases, but execution shall not be suspended until
BOND is filed. [Rule 71, Sec. 11]

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General Matters
Jurisdiction Over the Jurisdiction Over The
DISTINGUISH JURISDICTION OVER SUBJECT Subject Matter Person of the Accused
MATTER FROM JURISDICTION OVER PERSON
OF THE ACCUSED Conferred by law; May be acquired by
Can never be acquired consent of the accused or
JURISDICTION OVER SUBJECT MATTER solely by consent of the by waiver of objections.
The right to act or the power and authority to hear accused.
and determine a cause [Gomez v. Montalban (548 Right to object is never Right to object may be
SCRA 693)] waived waived
The absence of court’s Failure of the accused to
General Rule: It is conferred by law… and… jurisdiction over the make objection in time
determined by the allegations of the complaint subject matter may be would constitute a waiver
[People v. Catalan (2012)] raised at any stage of the of the objection.
proceeding.
Principle of adherence of jurisdiction/continuing
jurisdiction- Once a court acquires jurisdiction over a
REQUISITES FOR EXERCISE OF CRIMINAL
controversy, it shall continue to exercise such
JURISDICTION
jurisdiction until the final determination of the case.
(1) SUBJECT MATTER JURISDICTION - WON the
[Palana v. People (2007)]
court has jurisdiction over the offense by virtue of
Exception: Where the succeeding statute expressly the imposable penalty and its nature;
provides, or is construed that it is intended to operate
to actions pending before its enactment [Palana v. (2) Jurisdiction over the PERSON of the accused;
People (2007)]
(3) TERRITORIAL JURISDICTION - WON the action
JURISDICTION OVER THE PERSON OF THE ACCUSED has been filed within the TERRITORIAL
Acquired either by [Antiporda vs Garchitorena (1999), JURIDICTION of the court:
citing Arula vs Espino (1969)]:
(1) ARREST of accused; or Refers to VENUE (see below) or the place where
(2) VOLUNTARY APPEARANCE/SUBMISSION of the case is to be tried. The action should be
the accused to the jurisdiction of the court instituted and tried in the municipality or territory
where offense has been committed or where any
Voluntary appearance of the accused is one of the essential ingredients thereof took
accomplished by: place. [Sec 15(a), Rule 110]
(a) By filing pleadings seeking affirmative relief
For transitory/ continuing offenses, the courts of
Exception: Special appearance to challenge the the territories where the essential ingredients of
jurisdiction of the court over the person is not the crime took place have concurrent jurisdiction.
voluntary submission [Garcia v. Sandiganbayan The first court taking cognizance of the case will
(2009)]; exclude the others [People vs Grospe (1988)].

(b) By giving Bail

JURISDICTION OF CRIMINAL COURTS


CRIMINAL JURISDICTION OF COURTS

MTC/MeTC/MCTC RTC SANDIGANBAYAN

(1) Exclusive original jurisdiction over (1) Exclusive original jurisdiction in (1) Exclusive original jurisdiction
all violations of city/municipal all criminal cases not within the in those cases expressly
ordinances committed within their exclusive jurisdiction of any enumerated in PD 1606, as
respective territorial jurisdiction. court/tribunal/body. [Sec. 20, BP amended by RA 8249:
[Sec. 32(1), BP 129] 129] violations of RA 3019, RA 1379,
(2) Exclusive original jurisdiction over (2) Exclusive appellate jurisdiction and Chapter II, Section 2, Title
all offenses punishable with over all cases decided by the VII, Book II of the RPC

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MTC/MeTC/MCTC RTC SANDIGANBAYAN

imprisonment not exceeding 6 MTC within its territorial Officials enumerated are the ff:
years irrespective of the amount of jurisdiction [Sec. 22, BP 129] (a) Officials of the executive
fine, and regardless of other (3) Criminal cases where one or branch occupying the
imposable accessory or other more of the accused is below 18 positions of regional director
penalties, including the civil years of age but not less than 15 and higher, otherwise
liability arising from such offenses years, or where one or more of classified as Grade '27' and
or predicated thereon, irrespective the victims is a minor at the time higher, of the Compensation
of kind, nature, value, or amount of the commission of the offense and Position Classification
thereof. [Sec. 32(2), BP 129] [RA 9344] Act of 1989 (RA 6758)
(3) Exclusive original jurisdiction over (4) Cases against minors cognizable (b) Members of Congress and
offenses involving damage to under the Dangerous Drugs Act, officials thereof classified as
property through criminal as amended [RA 8369, Family Grade'27'and up under the
negligence they shall have Courts Act of 1997] Compensation and Position
exclusive original jurisdiction (5) Violations of Republic Act No. Classification Act of 1989
thereof. [Sec. 32(2), BP 129; RA 7610, the Child Abuse Act. (c) Members of the judiciary
7691] (6) Cases of domestic violence without prejudice to the
against women and children. If provisions of the Constitution
Exception (for Nos. 1-3): Cases falling an act committed against women (d) Chairmen and members of
within the exclusive jurisdiction of the and children likewise constitute a Constitutional Commissions,
RTC and of the Sandiganbayan criminal offense, the accused or without prejudice to the
batterer shall be subject to provisions of the Constitution
(4) Cases classified under the Revised criminal proceedings and the (e) All other national and local
Rules on Summary Procedure: [SC corresponding penalties. [RA officials classified as “Grade
Resolution, October 15, 1991] 8369, Family Courts Act of 1997] 27”
(a) Violations of traffic laws/rules/ (7) Violations of intellectual
regulations; property rights [A.M. No. 03-03- (2) Other offenses or felonies
(b) Violations of rental law; 03-SC (2003); RA 8293] whether simple or complexed
(c) Cases where the penalty (8) Money Laundering Cases [RA with other crimes committed
prescribed by law for the 9160] by public officials and
offense charged is Exception: those committed by employees in relation to their
imprisonment not exceeding 6 public officers and private office
months, or a fine not exceeding persons who are in conspiracy
P1,000, or both, irrespective of with such public officers shall be Requisites:
other imposable penalties, under the jurisdiction of the (a) Accused is any one of the
accessory or otherwise, or of Sandiganbayan public officials enumerated
the civil liability arising in subsection (a) of Sec. 4 of
therefrom RA 8249, grade 27 or higher
(d) Offenses involving damage to (b) Accused commits any other
property through criminal offense or felony, than those
negligence(imposable fine specified in subsec. (a),
does not exceed P10,000) whether simple or
(5) Violations of BP 22 [A.M. No. 00- complexed with other
11-01-SC (2003)] crimes
(6) Special jurisdiction to decide on (c) The offender commits such
applications for bail in criminal other offense or felony in
cases in the absence of all RTC relation to his office
judges in a province or city [Sec.
35, BP 129] (3) Cases filed in pursuant to and
in connection with EO 1, 2, 14,
14-A, issued in 1986

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MILITARY COURTS In People v. Pangilinan, G.R No. 152662, June 13,


General rule: Ordinary courts will have jurisdiction 2012, the Court made a pronouncement to the effect
over cases involving members of the armed forces, that “there is no more distinction between cases
and other persons subject to military law, regardless under the RPC and those covered by special laws
of who the co-accused or victims are. with respect to the interruption of the period of
prescription.”
Exception: When the offense is service-oriented, then
it will be tried by the court martial. PROVIDED: the
President may, in the interest of justice, order/direct WHO MAY FILE THEM, CRIMES THAT CANNOT
at any time before arraignment that any such BE PROSECUTED DE OFFICIO (BAR 1990, 2000)
crimes/offenses be tried by the proper civil courts
CASES THAT CANNOT BE PROSECUTED DE OFICIO
(1) Adultery/concubinage [Sec. 5, Rule 110]
(2) Seduction, abduction, acts of lasciviousness
(3) Defamation which consists of imputation of any
Prosecution of Offenses of the foregoing offenses.

CRIMINAL ACTIONS, HOW INSTITUTED (BAR WHO MAY FILE A COMPLAINT?


1999) (1) Adultery and concubinage – The offended spouse.
Both guilty parties should be included if both are
IN GENERAL alive. [Sec 5, Rule 110] However, prosecution will not
A criminal action is commenced by the filing of a prosper if the offended party consented to the
complaint or information. The complaint may be offense.
filed either with the MTC or with a public prosecutor (2) Seduction, abduction and acts of lasciviousness –
for purposes of conducting a preliminary The offended party or her parents, grandparents, or
investigation. guardian, nor, in any case, if the offender has been
expressly pardoned by them. [Sec 5, Rule 110]
INSTITUTION AND COMMENCEMENT OF ACTIONS General rule: If the offended party is a
The criminal action is commenced when the MINOR, he or she has the right to initiate
complaint or information is filed in court the prosecution of such offenses
independently of his/her parents,
For offenses which require a preliminary grandparents, or guardians
investigation (Section 1 of Rule 112: where the penalty Exceptions: If the minor is:
prescribed by law is at least four years, two months (a) Incompetent, or
and one day), the criminal action is instituted by (b) Incapable of doing so
filing the complaint with the appropriate officer for (3) Oral defamation – can only be brought upon
PI. [Sec. 1(a), Rule 110] instance and upon complaint of the offended party.

For all other offenses, or in offenses cognizable by EFFECT OF:


inferior courts (Municipal Trial Courts or Municipal DEATH OF OFFENDED PARTY
Circuit Trial Courts), the complaint or information is Death after filing the complaint would not deprive
filed directly with said courts or the complaint is filed the court of the jurisdiction.
with the fiscal. [Sec. 1(b), Rule 110]
The State shall initiate the action on behalf of the
In Metropolitan Manila and other chartered cities, offended party in case of his death/incapacity AND
the complaint shall be filed with the office of the he has no known parents/grandparents/ guardians.
public prosecutor unless otherwise provided in their
charters. [Sec. 1(b), Rule 110] In adultery/concubinage, death does not extinguish
the criminal liability of accused.
EFFECT OF THE INSTITUTION OF CRIMINAL ACTION ON THE
PRESCRIPTIVE PERIOD (BAR 1993) DESISTANCE BY OFFENDED PARTY
It does not bar the People of the Philippines from
General Rule: The institution of a criminal action shall prosecuting the criminal action, but it operates as a
interrupt the running of the period of prescription of waiver of the right to pursue civil indemnity.
the offense charged unless otherwise provided in
special laws. [Sec. 1, Rule 110] PARDON BY OFFENDED PARTY
(a) In rape, seduction, abduction and acts of
lasciviousness of a minor – The pardon will be

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effective if given by both parents and the (4) The acts of the officer are without or in excess of
offended party. authority;
(b) In seduction, abduction and acts of lasciviousness (5) The prosecutions is under an invalid
law/ordinance/regulation;
Express pardon by the offended party, parents, (6) When double jeopardy is clearly apparent;
grandparents or guardian will prevent (7) The court has no jurisdiction over the offense;
prosecution. [Rule 110, Sec. 5] (8) A case of persecution rather than prosecution;
(9) The charges are manifestly false and motivated
(c) The parents/grandparents/guardian of the by the lust for vengeance;
offended minor (in that order) cannot extend a (10) There is clearly no prima facie case against the
valid pardon without conformity of the offended accused and MTQ on that ground has been
party, even if the latter is a minor. [US v. Luna denied; [Samson vs Guingona (2000)]
(1902)] (11) Preliminary injunction has been issued by the SC
(d) If the offended woman is of age and not to prevent the threatened unlawful arrest of
incapacitated, only she can extend a valid petitioners.
pardon which would absolve the offender.
CONTROL OF PROSECUTION
General rule: Pardon must be made before the filing General Rule: All criminal actions commenced by a
of the criminal complaint in court. complaint or information shall be prosecuted under
the DIRECTION and CONTROL of the prosecutor.
Exception: In rape, where marriage between the [Sec. 5, Rule 110]
offender and the offended party would be effective
as pardon even when the offender has already Exception: In case of heavy work schedule of the
commenced serving his sentence. public prosecutor OR in the event of lack of public
prosecutors,
If there is more than one accused, the pardon must
be extended to all offenders. The private prosecutor may be authorized in writing
by the Chief of the Prosecution Office or the Regional
Pardon or desistance extinguishes civil liability. State Prosecutor to prosecute the case SUBJECT to
the approval of the court.
Pardon or express condonation has the effect of
waiving the civil liability with regard to the interest of However, the criminal action is still prosecuted under
the injured party. Liability arising from an offense is the direction and control of the public prosecutor.
extinguished in the same manner as other [Riano]
obligations.
EXTENT OF THE PROSECUTOR’S CONTROL
PRIOR TO THE FILING OF THE CASE
Pardon Consent
Matters within the control and supervision of the
Refers to past acts Refers to future acts prosecutor:
(1) What case to file
In order to absolve the In order to absolve the (2) Whom to prosecute
accused from liability, it accused from liability, it is (3) Manner of prosecution
must be extended to both sufficient even if granted (4) Right to withdraw information before
offenders only to the offending arraignment even without notice and hearing
spouse
AFTER A CASE IS FILED
CRIMINAL ACTIONS, WHEN ENJOINED It is the prosecutor’s duty to proceed with the
General rule: The prosecution of a criminal case may presentation of his evidence.
not be enjoined by prohibition/injunction. [Domingo The prosecutor has no power to dismiss the action
v. Sandiganbayan, 1986] without the court’s consent.
Exceptions (Bar 1999): LIMITATIONS OF CONTROL BY THE COURT
(1) To afford protection to the constitutional rights of (1) Prosecution is entitled to notice of hearing
the accused; (2) Court must await for petition for review
(2) Necessary for the orderly administration for (maximum of 60 days)
justice or to avoid multiplicity of actions; (3) Prosecution’s stand to maintain prosecution
(3) There is a prejudicial question which is sub judice; should be respected by the court

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(4) The court must make its own independent information before arraignment, otherwise he is
assessment of evidence in granting or dismissing deemed to have waived his objections to such a
motion to dismiss. Otherwise, the judgment is defect. [People v. Teodoro (2009)]
void.
DESIGNATION OF OFFENSE
EFFECTS OF THE LACK OF INTERVENTION BY THE FISCAL IN Aver the acts and omissions constituting the offense.
THE TRIAL Specify the qualifying and aggravating
Although the private prosecutor had previously been circumstances [Sec. 8 and 9,Rule 110)](Bar 2001)
authorized by the special counsel to present the
evidence for the prosecution, in view of the absence This is a procedural requirement to safeguard the
of the City Fiscal at the hearing, it cannot be said right of the accused to be informed of the nature and
that the prosecution of the case was under the cause of the accusation against him.
control of the City Fiscal. It follows that the evidence
presented by the private prosecutor at said hearing Specific acts of accused do not have to be described
could not be considered as evidence for the plaintiff in detail in the information, as it is enough that the
[People v. Beriales, (1976)]. offense be described with sufficient particularity to
make sure the accused fully understands what he is
SUFFICIENCY OF COMPLAINT OR INFORMATION being charged with. [Guy v. People (2009)]

COMPLAINT DEFINED CAUSE OF THE ACCUSATION


A sworn written statement charging a person with an
offense, subscribed by the offended party, any peace WHAT TO ALLEGE
officer or other public officer charged with the Where the law prescribes exceptions
enforcement of the law violated. [Sec. 3, Rule 110] General rule: Where the law alleged to have been
violated prohibits generally acts therein defined AND
INFORMATION DEFINED is intended to apply to all persons indiscriminately,
An accusation in writing, charging a person with an BUT prescribes certain limitations/exceptions from
offense, subscribed by the prosecutor and filed with its violation, the indictment/information is sufficient
the court. [Sec. 4, Rule 110; People vs Cinco (2009)] if it alleges facts which the offender did as
constituting a violation of law, without explicitly
FORM & SUBSTANCE negating the exception, as the exception is a matter
Sufficiency of complaint or information of defense which the accused has to prove.
A complaint or information is sufficient if it states:
(1) the name of the accused; Exception: Where the statute alleged to have been
(2) the designation of the offense given by the violated applies only to specific classes of persons
statute; and special conditions and the exemptions from its
(3) the acts or omissions complained of as violation are so incorporated in the language
constituting the offense; defining the crime that the ingredients of the offense
(4) the name of the offended party; cannot be accurately and clearly set forth if the
(5) the approximate date of the commission of the exemption is omitted, then the indictment must
offense; and show that the accused does not fall within the
(6) the place where the offense was committed. [Sec. exemptions.
6, Rule 110]
Qualifying and aggravating circumstances must be
Test for sufficiency of the complaint or information is alleged; otherwise, they are not to be considered even
whether the crime is described in intelligible terms if proven during the trial. [Sec. 8, Rule 110]
with such particularity as to apprise the accused with
reasonable certainty of the offense charged. [Lazarte, Where exceptions form as ingredients of offense
Jr. vs Sandiganbayan (2009)] If the exception is needed for defining the offense,
then the information should negate the exception.
An accused is deemed to have waived his right to [US vs Chan Toco (1908)]
assail the sufficiency of the information when he
voluntarily entered a plea when arraigned and Where complex crime is charged
participated in the trial. [Frias v. People (2007)] Where what is alleged in the information is a
complex crime and the evidence fails to support the
Consequently, objections as to form cannot be made charge as to one of the component offenses, the
for the first time on appeal. The accused should have
moved for a bill of particulars or for quashal of

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defendant can only be convicted of the offense AMENDMENT OR SUBSTITUTION OF


proven. COMPLAINT OR INFORMATION [SEC. 14, RULE
110] (BAR 2001, 2002)
DUPLICITY OF THE OFFENSE; EXCEPTION (BAR
2005) AMENDMENTS IN FORM AND SUBSTANCE BEFORE PLEA
General rule: It must be made BEFORE the accused
DUPLICITY OF OFFENSE in an information or complaint enters his plea.
means the joinder of two or more separate and
distinct offenses in one and the same information or Exception: If the amendment downgrades the nature
complaint. of the offense charged in, or excludes any accused
from, the complaint/information, it can be made
General rule: The information must charge only one only upon motion of the prosecutor, with notice to
offense.[Sec. 13, Rule 110] the offended party and with leave of court. The court
is mandated to state its reasons in resolving the
Objection to a complaint or information which motion of the prosecutor and to furnish all parties,
charges more than one offense must be timely especially the offended party, of copies of its order.
interposed before trial. [Sec 3, Rule 120] Failure to do
so constitutes a waiver, [People v Tabio (2008)] and AMENDMENTS MADE AFTER PLEA AND DURING TRIAL
the court may convict him of as many offenses as are Formal – can only be made under two conditions
charged and proved, and impose on him the penalty (1) Leave of court must be secured
for each offense. [Sec 3, Rule 120] (2) It does not cause prejudice to the rights of the
accused. [Sec 14, Rule 110] The test as to WON a
Exception: When the law prescribes a single defendant is prejudiced by the amendment of
punishment for various offenses information is:
(a) WON a defense under the information as it
Remedy: The filing of a motion to quash is the originally stood would be available after the
remedy in case of duplicity of offense in an amendment is made, and
information (b) WON any evidence defendant might have
would be equally applicable to the
Waiver: Should there be duplicity of offense in the information in the one form as in the other.
information, the accused must move for the quashal [People vs Casey (1981)]
of the same before arraignment.Otherwise, he is (c) An amendment is only in form
deemed to have waived the objection
Substantial – proscribed. [People vs. Zulueta (1951)]
SEVERAL MODES OF COMMITTING OFFENSE NOT Substantial matter in a complaint is the recital of
DUPLICITOUS facts constituting the offense charged and
determinative of the jurisdiction of the court. All
General rule: In case of crimes susceptible of being other matters are merely of form. [Almeda vs Villaluz
committed in various modes, the allegations in the (1975)]
information of the various ways of committing the
offense would be regarded as a description of only Exception: if it is beneficial to the accused. [Ricarzevs
one offense and information is not rendered CA (2007)]
defective.
Substitution – a complaint or information may be
Exceptions: substituted if it appears at any time before judgment
(a) Complex crimes that a mistake has been made in charging the proper
(b) Special complex crimes offense, the court shall dismiss the original
(c) Continuous crimes complaint or information upon the filing of a new
(d) Crimes susceptible of being committed in various one charging the proper offense, provided the
modes accused would not be placed in double jeopardy.
(e) Crimes which another offense is an ingredient [Sec 14, Rule 110]
[People v. Camerino (1960)]
Subject to the Sec 19, Rule 119, when it becomes
manifest at any time before judgment that a mistake
has been made in charging the proper offense and
the accused cannot be convicted of the offense
charged or any other offense necessarily included

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therein, the accused shall not be discharged if there General Rule: Principle of Territoriality
appears good cause to detain him. The court shall Subject to existing laws, in all criminal prosecutions,
commit the accused to answer the proper offense the action must be instituted and tried in the courts
and dismiss the original case upon the filing of the of the municipality or territory where the offense was
proper information. committed or any of its essential ingredients
occurred (Sec. 15(a), Rule 110).
Limitations:
(1) No judgment has yet been rendered Exceptions:
(2) The accused cannot be convicted of the offense Felony Venue
charged or of any other offense necessarily
included therein Felonies under Art. 2, RPC Cognizable by the proper
(3) The accused would not be placed in double court where criminal
jeopardy action was first filed
Committed on a railroad May be instituted and
Distinction between substitution and amendment (Bar
train, aircraft, or any other tried in the court of any
1994)
public or private vehicle in municipality or territory
Amendment Substitution the court of its trip where such train, aircraft,
or other vehicle passed
Formal or Substantial Substantial change form during such trip, including
changes original place of departure and
Can be effected without Must be with leave of arrival
leave of court court
Committed on board a May be instated and tried
Only as to form, there is Another PI is entailed and vessel in the course of its in the proper court of the
no need for another PI accused has to plead voyage first port of entry or of any
and retaking of plea anew municipality or territory
Amended information Involves a different through which vessel
refers to the same offense offense which does not passed, subject to the
charged in the original include those provided in generally accepted
information or to an the original charge; principles of international
offense which is included cannot invoke double law
in the original charge; can jeopardy Piracy Venue of piracy has not
invoke double jeopardy territorial limits. It may be
tried anywhere. [People v.
VENUE OF CRIMINAL ACTIONS Lol-lo GR No. 17958,
Place where action is to be instituted February 27, 1922]
Criminal actions shall be instituted and tried in the Libel May be instituted at the
court of the municipality or territory election of the offended
(1) where the offense was committed; or part or suing party in the
(2) where any of its essential ingredients occurred. province or city, subject to
[Sec. 15(a), Rule 110] Art. 360, RPC
Venue is jurisdictional In cases filed under BP 22 Action shall be filed in the
The court has no jurisdiction to try an offense place where the check
committed outside its territorial jurisdiction. It was dishonored or issued.
cannot be waived, or changed by agreement of the In case of a cross-check, in
parties, or by the consent of the defendant. the place of the
depositary or collecting
How venue or jurisdiction determined bank
Venue in criminal cases is jurisdictional. In exceptional To ensure a fair trial and
One cannot be held to answer for any crime circumstances impartial inquiry, the SC
committed by him except in the jurisdiction where it shall have the power to
was committed or where an essential ingredient order a change of venue
thereof took place. The place where the accused was or place of trial to avoid
arrested is of no moment. [People vs Enriquez] miscarriage of justice
(Sec. 5(4), Art. VII, 1987

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Felony Venue made before the prosecution starts presenting its


evidence and under circumstances affording the
Constitution) offended party a reasonable opportunity to make
such reservation [Sec. 1, Rule 111]
INTERVENTION OF OFFENDED PARTY [SEC. 16,
RULE 110] SEPARATE ACTION FILED BY THE ACCUSED
General rule: An offended party has the right to No counterclaim, cross-claim or 3rd-party complaint
intervene in the prosecution of a crime may be filed by the accused in the criminal case, but
any cause of action which could have been the
Note: This is still subject to the control of the subject thereof may be litigated in a separate civil
prosecutor. [Phil. Rabbit Bus Lines vs People (2004)] action. [Sec. 1, Rule 111]

Exceptions: WHEN SEPARATE CIVIL ACTION IS SUSPENDED


(1) Where, from the nature of the crime and the law
defining and punishing it, no civil liability arises in After the criminal action has been commenced, the
favor of a private offended party. separate civil action arising therefrom cannot be
(2) Where, from the nature of the offense, the private instituted until final judgment has been entered in
offended party is entitled to civil indemnity arising the criminal action. [Sec 2, Rule 111]
therefrom but he has waived the same or has
expressly reserved his right to institute a separate The civil action, which should be suspended after the
civil action or he has already instituted such institution of the criminal action, is that arising from
action. delict or crime.
(3) Offended party has already instituted action for
civil claims Civil actions under Arts. 32-34 and 2176 of the Civil
Code are exempted from the rule that after a
criminal action has been commenced, the civil action
which has been reserved cannot be instituted until
final judgment has been rendered in the criminal
Prosecution of Civil Action action. [Sec. 3, Rule 111]

RULE ON IMPLIED INSTITUTION OF CIVIL EFFECT OF THE DEATH OF ACCUSED OR


ACTION WITH CRIMINAL ACTION CONVICT ON CIVIL ACTION [SEC. 4, RULE 111]
(1) Criminal liability is extinguished [Art. 89, RPC]
HOW INSTITUTED (2) As regards civil liability:

General rule: The civil action for the recovery of civil Death is before arraignment: Dismissal of case
liability arising from the offense charged is deemed without prejudice to filing of civil action against
instituted with the criminal action. [Sec. 1, Rule 111] estate of the deceased

Exception [Sec. 1, Rule 111]: If the offended party: Death is after arraignment and during pendency of
(1) Waives the civil action; criminal action: Extinguishes civil liability arising
(2) Institutes the civil action prior to the criminal from the delict
action; or
(3) Reserves the right to institute it separately Death during pendency of appeal: Criminal liability
and civil liability based thereon [People vs Ayochok
WHEN CIVIL ACTION MAY PROCEED (2010)]
INDEPENDENTLY
Exception: Independent civil actions instituted under
Under the Rules, only civil liability ARISING FROM Arts. 32, 33, 34 and 2176 of the Civil Code, or those
the crime charged is deemed instituted, hence, the instituted to enforce liability arising from other
civil actions under the Civil Code, specifically Arts. sources of obligation may be continued against the
32, 33, 34, and 2176, remain separate, distinct, and estate or legal representative of the accused after
independent of any criminal prosecution although proper substitution or against his estate.
based on the same act. [Philippine Rabbit Bus Lines
Inc. v. People (2004)]

When reservation is made: The reservation of the


right to institute separately the civil action shall be

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As regards the parties in the civil action: RULE ON FILING FEES IN CIVIL ACTION DEEMED
The heirs of the accused may be substituted without INSTITUTED WITH THE CRIMINAL ACTION
requiring the appointment of an
executor/administrator. FILING FEES OF CIVIL ACTION DEEMED INSTITUTED IN
CRIMINAL ACTION
Court may appoint guardian ad litem for the minors. Filing fees apply when damages are being claimed
Court shall order legal representative/s to appear by the offended party.
and be substituted within 30 days from notice.
General Rule: The actual damages claimed or
PREJUDICIAL QUESTION (1999 BAR) [SECS. 6 recovered by the offended party are not included in
AND 7, RULE 111] the computation of the filing fees. [Sec. 1, Rule 111]

ELEMENTS OF PREJUDICIAL QUESTION When the amount of damages, other than actual, is
Prejudicial Question: is that which arises in a case the specified in the complaint or information filed in
resolution of which is a logical antecedent of the issue court, then the corresponding filing fees shall be
involved therein, and the cognizance of which paid by the offended party upon the filing thereof in
pertains to another tribunal. court for trial;

When a civil action may be considered prejudicial: In any other case—i.e., when the amount of damages
(a) the civil case involves facts intimately related to is not so alleged in the complaint or information filed
those upon which the criminal prosecution would in court, the corresponding filing fees need not be
be based; paid and shall simply constitute a first lien on the
(b) in the resolution of the issue/s raised in the civil judgment, except on an award for actual damages.
action, the guilt/innocence of the accused would [General vs Claravall (1991)]
necessarily be determined;
(c) jurisdiction to try the action is lodged in another Exceptions: In criminal actions for violation of BP22,
tribunal [Basis of a) to c): Magestrado v. People the amount of the check involved shall be considered
(2009)] as the actual damages for which no separate civil
(d) Action is instituted prior to the institution of the action is allowed. In estafa cases, the filing fees shall
criminal action [Pimentel v. Pimentel (2010)] be paid based on the amount involved. [A.M. No. 04-
2-04]
Rationale: to avoid two conflicting decisions in the
civil case and in the criminal case. [Sy Thiong Siou vs When paid: Upon the filing of the criminal action
Sy Chim (2009)]

EFFECT (BAR 1995, 1999, 2010)


General rule: Where both a civil and a criminal case
arising from the same facts are filed in court, the Preliminary Investigation
criminal case takes precedence [Sec 2, Rule 111]
NATURE OF RIGHT
Exception: If there exists a prejudicial question which PRELIMINARY INVESTIGATION, DEFINED
should be resolved first before an action could be It is an inquiry or proceeding to determine whether
taken in the criminal case. there is sufficient ground to engender a well-
founded belief that a crime has been committed and
WHERE TO FILE PETITION FOR SUSPENSION IS FILED [SEC. the respondent is probably guilty thereof, and should
6, RULE 111] be held for trial. [Sec. 1, Rule 112]
Office of the prosecutor (in the PI stage);
Court conducting the PI; or NATURE OF THE RIGHT TO PRELIMINARY INVESTIGATION
Court where criminal action has been filed for trial, at It is a statutory right in those instances where it is
any time before the prosecution rests. required, and to withhold it would violate the
constitutional right to due process. [People vs.
Note: The Rule precludes a motu proprio suspension Oandasa (1968)]
of the civil action. [Riano]
Not a mere formal or technical right but a substantial
right.

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RIGHT TO PRELIMINARY INVESTIGATION protect the state from useless and expensive trials.
The right to preliminary investigation is a personal [Tandoc vs. Resultan (1989)]
right which the accused may waive either expressly or
by implication. SCOPE OF PI
A PI is “merely inquisitorial, and it is often the only
When the accused waives his right to preliminary means of discovering the persons who may
investigation, the fiscal may forthwith file the reasonably be charged with a crime, to enable the
corresponding information with the proper court. prosecutor to prepare his complaint or information.
[People vs Perez (1960)] It is not a trial of the case on the merits” and does
not place the persons against whom it is taken in
An application for or admission to bail shall not bar jeopardy.
the accused from assailing the regularity or
questioning the absence of a preliminary WHO MAY CONDUCT DETERMINATION OF
investigation of the charge against him provided that EXISTENCE OF PROBABLE CAUSE
he raises the challenge before entering his plea [Sec.
26, Rule 114]. Probable cause
The existence of such facts and circumstances as
INSTANCES WHEREIN THE RIGHT TO PI IS DEEMED would excite the belief, in a reasonable mind, acting
WAIVED: on the facts within the knowledge of the prosecutor,
(1) Express waiver or by silence [Herrera, Vol. IV, p. that the person charged was guilty of the crime for
278, 2007 ed.] which he was prosecuted
(2) Failure to invoke it during arraignment [People v.
De Asis, GR No. 105581, Dec. 7, 1993]; and Generally [Rule 112, Sec. 2 as amended by A.M. No.
(3) Consenting to be arraigned and entering a plea of 05-8-26-SC]
not guilty without invoking the right to PI [People 1) Provincial/city prosecutors and their assistants;
v. Bulosan, GR No. 58404, April 15, 1988] 2) National and regional state prosecutors;
3) Other officers as may be authorized by law.
The waiver, whether express or implied, must be in a
clear and unequivocal manner [Herrera, Vol. IV, p.278, The prosecutor
2007 ed.] If the determination of probable cause is for
purposes of indictment; such finding will not be
The right to PI cannot be raised for the first time on disturbed by the court unless there is finding of grave
appeal [Pilapil v. Sandiganbayan, GR No. 101978, abuse of discretion
April 7, 1993]
The Court
INSTANCES WHEREIN THE RIGHT TO PI IS NOT DEEMED If the determination of probable cause is for
WAIVED: purposes of issuance of warrant of arrest
(1) Failure to appear before the prosecutor during the
clarificatory hearing or when summoned,w hen the COMELEC, when vested
right was invoked at the start of the proceeding COMELEC may conduct investigation as regards
[Larranaga v. CA, GR No. 130644, March 13, 1998]; election offenses. [Sec. 2(6), Art. IX-C, Consti; Sec.
or 265, Omnibus Election Code]
(2) When the accused filed an application for bail
and was arraigned over his objection and the Ombudsman
accused demand that preliminary investigation be The Ombudsman and his Deputies, as protectors of
conducted [Go v. CA, GR No. 101837, Feb. 11, 1992] the people, shall act promptly on complaints filed in
any form or manner against public officials or
PURPOSES OF PRELIMINARY INVESTIGATION employees of the Government, or any subdivision,
To determine whether or not a crime has been agency or instrumentality thereof, including GOCCs
committed and whether or not there is probable and shall, in appropriate cases, notify the
cause to believe that the accused is guilty. [Raro vs. complainants of the action taken and the result
Sandiganbayan (2000)] thereof. [Sec. 12, Art. XI, Constitution]

To secure the innocent against hasty, malicious and The Ombudsman is authorized to conduct
oppressive prosecution, and to protect him from an preliminary investigation and to prosecute all
open and public accusation of a crime, from the criminal cases involving public officers and
trouble, expense, anxiety of a public trial, and also employees, not only those within the jurisdiction of

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the Sandiganbayan, but also those within the MCTC from those authorized to conduct a PI
jurisdiction of regular courts as well. effective October 3, 2005.

Note: RTC judges have NO power to conduct PI; and PROCEDURE FOR PRELIMINARY INVESTIGATION [Sec. 3,
MTC judges cannot conduct PI anymore after A.M. Rule 112 of Rules of Criminal Procedure]
No. 05-8-26-SC eliminated judges of the MTC and
RESOLUTION OF INVESTIGATING PROSECUTOR
Filing of the complaint [Sec. 3(a), Rule 112]
[SEC. 4, RULE 112]
(1) Stating the respondent’s name and address
(2) Include the affidavits of complainant and the witnesses, If he finds probable cause to hold respondent for trial,
and other documents to establish probable cause, he shall prepare a resolution and certify under oath
which must be subscribed and sworn to before a in the information that:
prosecutor or government official authorized to a. He or an authorized officer has personally
administer oath or notary public examined the complainant and his
(3) In such number of copies as there are respondents, plus witnesses;
2 copies for the official file b. That there is reasonable ground to believe
that a crime has been committed and that
the accused is probably guilty thereof;
Action of the investigating officer [Sec. 3(b), Rule 112] c. That the accused was informed of the
(1) Within 10 days after the filing of the complaint, the complaint and evidences against him;
investigating officer will either: d. That he was given opportunity to submit
(2) Dismiss, if he finds no ground to continue; or controverting evidence
(3) Issue a subpoena to the respondent, attaching the
complaint and other documents.If subpoena is not If he finds no probable cause, he shall recommend
possible, the investigating officer shall decide based on the dismissal of the complaint
what complainant presented.
(4) Respondent has the right to examine the evidence
submitted by complainant, and copy evidence at his REVIEW [SEC. 4, RULE 112]
expense.

Within 5 days from resolution, the investigating


officer will forward the case to the prosecutor or to
Defendant’s counter-affidavit the Ombudsman in cases cognizable by
Must be made within 10 days from receipt of complaint, and the Sandiganbayan in the exercise of its
must comply with the same requirements as a complaint. original jurisdiction.
[Sec. 3(c), Rule 112]

If not made within 10 days, the investigating officer shall


resolve the complaint based on the evidence presented by the
complainant [Sec. 3(d), Rule 112]
Within 10 days from receipt of the resolution,
the prosecutor/Ombudsman will act on the case.

Clarificatory Hearing [Sec. 3(e), Rule 112]


The investigator must conduct a hearing within 10 days from
receipt of the counter-affidavit. The hearing must be finished No complaint/information may be filed or dismissed
in 5 days. by an investigating prosecutor without the prior
written authority or approval of the prosecutor or
Hearing is conducted only if there are such facts and issues to
be clarified from a party or a witness. Ombudsman.

Parties may be present evidence, but they have no right to In case the investigation officer recommends the
examine or cross-examine. Questions of parties shall be dismissal of the complaint but the
submitted to the investigating officer. prosecutor/Ombudsman disagrees, the latter may file
the information himself or any deputy or order any
Within 10 day after the investigation, the officer shall prosecutor to do so without conducting a new PI.
determine WON there is sufficient ground to hold respondent
for trial.

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Follow the procedure outlined in Sec. 3(a), Rule 112


Note: The DOJ Secretary may file the information above.
without conducting another PI or dismiss the
information filed by the prosecutor. The DOJ
Secretary may review resolutions, via petition for
review to the Secretary of Justice, of his subordinates Within 10 days after the filing of the
in criminal cases despite the information being filed complaint/information, if the judge finds no PC after
in court (Community Rural Bank of Guimba v. personally evaluating the evidence or after personally
Talavera, AM No. RTJ-05-1909, April 6, 2005) See examining in writing and under oath the complainant
also DOJ Circular No. 70 and his witnesses in the form of searching questions
and answers, he shall dismiss the same.
REMEDY OF AN AGGRIEVED PARTY AGAINST THE
RESOLUTION OF THE DOJ SECRETARY
Such resolution may be nullified in a petition for The judge may require submission of additional
certiorari under Rule 65 on grounds of grave abuse evidence within 10 days from notice, to determine the
of discretion resulting to lack or excess of jurisdiction existence of PC.
[Ching v. Sec. of Justice, 2006]

The DOJ resolution is appealable administratively If the judge still finds no If the judge finds PC, he
before the Office of the President and the decision of PC despite the additional shall issue a warrant of
the latter may be appealed before the CA pursuant evidence, he shall dismiss arrest or a commitment
to Rule 43 [De Ocampo v. Sec, of Justice, 2006] the case within 10 days order (if the accused had
from its submission or already been arrested)
WHEN WARRANT OF ARREST MAY ISSUE expiration of said period. and hold him for trial.
If the judge finds probable cause, he shall issue a
warrant of arrest, or a commitment order if the
accused has already been arrested, and hold him for
trial.
If the judge is satisfied
The PI conducted by the prosecutor is EXECUTIVE in that there is no need to
nature, it is for the purpose of determining whether place the accused under
or not there exists sufficient ground for the filing of custody, he may issue
information; summons instead.

The PI conducted by the judge which is properly


called PRELIMINARY EXAMINATION is for the
determination of probable cause for the issuance of REMEDIES OF ACCUSED IF THERE WAS NO
warrant of arrest [P/Supt. Cruz v. Judge Areola, AM PRELIMINARY INVESTIGATION
No. RTJ-01-1642, March 6, 2002]
EFFECT OF DENIAL OF RIGHT TO PRELIMINARY
INVESTIGATION
CASES NOT REQUIRING A PRELIMINARY
INVESTIGATION The absence of PI:
(1) does not impair the validity of the information or
CASES NOT REQUIRING A PRELIMINARY INVESTIGATION otherwise render it defective;
NOR COVERED BY RULE ON SUMMARY PROCEDURE [SEC. (2) neither does it affect the jurisdiction of the court;
8, RULE 112] (3) nor constitute a ground for quashing the
Cases punishable by imprisonment of less than 4 information.
years, 2 months and 1 day, filed with the prosecutor
or MTC/MCTC The trial court, instead of dismissing the information,
should hold in abeyance the proceedings and order
the public prosecutor to conduct a PI. [Villaflor v.
Vivar(2001)]

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IF PRELIMINARY INVESTIGATION IS BEING CONDUCTED should remain under custody and correspondingly
be charged in court. (DOJ-NPS Manual)
Injunction and writs of restraint
General rule: The power of the Fiscal to investigate General rule: PI is required to be conducted before a
crimes committed within his jurisdiction will, complaint/ information is filed for an offense where
ordinarily, not be restrained. the penalty prescribed by law is at least 4 years, 2
months and 1 day, without regard to the fine. [Sec. 1,
Exception: Extreme cases may exist where relief in Rule 112]
equity may be availed of to stop a purported
enforcement of a criminal law where it is necessary Exception: When a person is lawfully arrested
(a) for the orderly administration of justice; (b) to without a warrant involving an offense that requires
prevent the use of the strong arm of the law in an a PI, a complaint/information may be filed without
oppressive and vindictive manner; (c) to avoid conducting the PI if the necessary inquest is
multiplicity of actions; (d) to afford adequate conducted.
protection to constitutional rights; and (e) in proper
cases, because the statute relied upon is However, before the complaint or information is filed,
unconstitutional, or was "held invalid." [Ladlad v. the person arrested may ask for a PI, but he must
Velasco (2007)] sign a waiver of the provisions of Art. 125, RPC in the
presence of his counsel. Notwithstanding the waiver,
INQUEST he may apply for bail and the investigation must be
DEFINITION terminated within 15 days from its inception.
An informal and summary investigation conducted
by a public prosecutor in criminal cases involving After the filing of the complaint/ information in court
persons arrested and detained without the benefit of without a PI, the accused may within 5 days from the
a warrant of arrest issued by the court for the time he learns of its filing, ask for a PI with the same
purpose of determining whether or not said persons right to adduce evidence in his defense as provided
in Rule 112. [Sec. 6, Rule 112]

PROCEDURE FOR INQUEST PROCEEDINGS (b) other supporting evidence gathered by the police
Considered commenced upon receipt by the Inquest in the course of the latter's investigation of the
Officer from the law enforcement authorities of the criminal incident involving the arrested or
complaint/referral documents which should include: detained person.
(a) affidavit of arrest, investigation report, statement
of the complainant and witnesses, all of which It must be terminated within the period prescribed
must be subscribed and sworn to before him under the provisions of Article 125 of the RPC, as
amended.

INQUEST

No Accused Warrantless There is PC


Probable wants PI arrest as not and arrest
Cause and is valid was valid
willing to
waive Art.
125

Dismiss For PI Release File


the case for regular information
PI

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In flagrante delicto
Arrest When the person to be arrested:
(a) has committed,
(b) is actually committing, or
DEFINITION (c) is attempting to commit
The taking of a person into custody in order that he an offense in the presence of the peace officer OR
may be bound to answer for the commission of an private person who arrested him. (Rule 113, Sec.
offense. (Rule 113, Sec. 1) 5(a))
IMMUNITY FROM ARREST
Requisites:
Parliamentary Immunity (i) The person to be arrested must execute an OVERT
Senators and Members of the House of act indicating that he has just committed, is
Representatives, while Congress is in session and for actually committing, or is attempting to commit a
offenses punishable by not more than 6 years crime; and
imprisonment. (Art. VI, Sec. 11, 1987 Constitution) (ii) Such overt act is done in the presence or within
the view of the arresting officer [ Zalameda v.
Diplomatic Immunity People (2009); People v. Laguio (2007)]
Ambassadors and ministers of foreign countries and
their duly registered domestics subject to the “In his presence” means: [People v. Evaristo (1992)]
principle of reciprocity (RA 75) He sees the offense, even though at a distance;
He hears the disturbances created by the offense
ARREST, HOW MADE
and proceeds at once to the scene; or
MODES OF EFFECTING ARREST
Offense is continuing or has been consummated at
(1) By an actual restraint of a person to be arrested.
the time arrest is made.
(2) By his submission to the custody of the person
making the arrest. (Rule 113, Sec. 2, Par. 1)
Entrapment
An arrest made after an entrapment does not require
It is enough that there be an intent on the part of one
a warrant inasmuch as it is considered a valid
of the parties to arrest the other and an intent on the
warrantless arrest pursuant to Rule 113, Sec. 5(a) of
part of the other to submit, under the belief and
the Rules of Court. [Teodicio v. CA (2004)]
impression that submission is necessary. [Sanchez v.
Demetriou (1993)]
Buy-bust operation
When the appellant is caught in flagrante as a result
NO UNNECESSARY VIOLENCE
of the buy-bust operation, the policemen are not
No violence or unnecessary force shall be used in
only authorized but are also under obligation to
making an arrest. (Rule 113, Sec. 2, Par. 2)
apprehend the drug pusher even without a warrant
of arrest. [People v. de Lara (1994)]
Application of actual force, manual touching of the
body, physical restraint or a formal declaration of
Hot pursuit arrest
arrest is not required.
When an offense has just been committed and the
officer or private person has probable cause to
believe, based on PERSONAL knowledge of facts or
circumstances, that the person to be arrested has
TIME TO MAKE ARREST committed it (Rule 113, Sec. 5(b))
An arrest may be made on any day and at any time
of the day or night. (Rule 113, Sec. 6) Requisites:
(i) An offense has just been committed; and
ARREST WITHOUT WARRANT, WHEN LAWFUL
(1997, 2000, 2003, 2004 BAR) There must be a large measure of immediacy
between the time the offense was committed and
General rule: No peace officer or person has the
the time of the arrest. If there was an appreciable
power or authority to arrest anyone without a
lapse of time between the arrest and the
warrant except in those cases expressly authorized
commission of the crime, a warrant of arrest must
by law. [Umil v. Ramos (1991)]
be secured [People v. del Rosario (1999); People v.
Agojo (2009)];
Exceptions (Rule 113, Sec. 5)

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(ii) The person making the arrest has probable cause the inadmissibility of evidence seized during an
to believe, based on personal knowledge of facts, illegal warrantless arrest [People v. Nuevas, supra].
that the person to be arrested has committed it.
Waiver of the illegality of the arrest
Probable cause must be based on personal Any objection involving the arrest or the procedure in
knowledge which means an actual belief or the court’s acquisition of jurisdiction over the person
reasonable grounds of suspicion [Abelita III v. Doria of an accused must be made BEFORE he enters his
(2009)]. plea; otherwise the objection is deemed waived
[Zalameda v. People (2009)].
Arrest of escaped prisoner
When the person to be arrested is a prisoner who has There is waiver if the accused voluntarily enters his
escaped: (Rule 113, Sec. 5(c)) plea and participates during trial, WITHOUT
(a) From a penal establishment or place where he is previously invoking his objections thereto [Leviste v.
serving final judgment OR temporarily confined Hon Alameda (2010_); Borlongan v. Peña (2010)].
while his case is pending; or
(b) While being transferred from one confinement to There must be clear and convincing proof that the
another. accused had an actual intention to relinquish his
right to question the existence of probable cause
Escapee may be immediately pursued or re-arrested [Leviste v. Hon Alameda, supra; Borlongan v. Peña,
without a warrant at any time and in any place within supra].
the Philippines. (Rule 113, Sec. 13)
An application for or admission to bail shall not bar
Rationale: At the time of arrest, the escapee is in the accused from challenging the validity of his
continuous commission of a crime (i.e. evasion of arrest or the legality of the warrant issued, provided
service of sentence). that he raises the objection before he enters his plea.
(Rule 114, Sec. 26).
Notes: Where a warrantless arrest is made under the
in flagrante and hot pursuit exceptions, the person When cured
arrested without a warrant shall forthwith arrested When the accused voluntarily submits to the
delivered to the nearest police station or jail. (Rule jurisdiction of the trial court [Dolera v. People (2009);
113, Sec. 5, last par.) People v. Alunday (2008)].

A WARRANTLESS arrest maybe made not only by a By the filing of an information in court and the
peace officer but also by a private person. subsequent issuance by the judge of a warrant of
arrest [Sanchez v. Demetriou (1993)
Other lawful warrantless arrest
(a) Where a person who has been lawfully arrested METHOD OF ARREST
escapes or is rescued (Rule 113, Sec. 13) Any
person may immediately pursue or retake him BY OFFICER WITH WARRANT
without a warrant at any time and in any
place within the Philippines. Duties of the arresting officer
(b) By the bondsman, for the purpose of surrendering (1) Execution of warrant (Rule 113, Sec. 4)
the accused. (Rule 114, Sec. 23) The head of the office to whom the warrant of
(c) Where the accused who is released on bail arrest was delivered shall cause the warrant to be
attempts to leave the country without executed within 10 days from its receipt.
permission of the court where the case is
pending. (Rule 114, Sec. 23) The officer to whom it was assigned for execution
shall make a report to the judge who issued the
RULES ON ILLEGALITY OF ARREST warrant within 10 days after expiration of the
Effect of illegal arrest period to execute.
The legality of the arrest affects only the jurisdiction
of the court over the person of the accused [People v. In case of the officer’s failure to execute, he shall
Nuevas (2007)]. state the reasons therefor.

A waiver of the right to question an illegal (2) The officer shall inform the person to be arrested
warrantless arrest does not also mean a waiver of of (1) the cause of the arrest and (2) the fact that a

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warrant has been issued for his arrest. (Rule 113,


Sec. 7) BY OFFICER WITHOUT WARRANT

Exceptions: Duties of arresting officer without warrant


(a) When he flees; The officer shall inform the person to be arrested of
(b) When he forcibly resists before the officer has (1) his authority and (2) the cause of the arrest. (Rule
opportunity to so inform him; 113, Sec. 8)
(c) When the giving of such information will
imperil the arrest. Exceptions:
(a) When the person to be arrested is engaged in the
The officer need not have the warrant in his commission of the offense;
possession at the time of the arrest BUT after the (b) When he is pursued immediately after its
arrest, if the person arrested so requires, the commission;
warrant shall be shown to him as soon as (c) When he has escaped, flees or forcibly resists
practicable. (Rule 113, Sec. 7) before the officer has the opportunity to so inform
him; or
This is not a case of a warrantless arrest but (d) When the giving of such information will imperil
merely an instance of an arrest effected by the the arrest.
police authorities without having the warrant in
their possession at that precise moment. [Mallari BY PRIVATE PERSON (CITIZEN’S ARREST)
v. CA (1996)] Duties of private person effecting an arrest
(1) The private person shall inform the person to be
(3) The officer executing the warrant shall arrest the arrested of (1) the intention to arrest him and (2)
accused and deliver him to the nearest police the cause of the arrest. (Rule 113, Sec. 9)
station or jail without unnecessary delay (Rule 113,
Sec. 3) Exceptions: Same as those for arrest by an officer
(4) No violence or unnecessary force shall be used without a warrant.
in making an arrest. (Rule 113, Sec. 2, last par.).
(2) The private person must deliver the arrested
Rights of the arresting officer person to the nearest police station or jail, and he
(1) To summon assistance (Rule 113, Sec. 10) shall be proceeded against in accordance with
He may orally summon as many persons as he Rule 112, Sec. 7. Otherwise, the private person
deems necessary to assist him in effecting the may be held liable for illegal detention.
arrest.
REQUISITES OF A VALID WARRANT OF ARREST
(2) To break into building or enclosure (Rule 113, Sec.
ESSENTIAL REQUISITES OF A VALID ARREST WARRANT
11)
(ART. III, SEC. 2, 1987 CONSTITUTION)
Requisites: Must be issued upon probable cause determined
(a) The person to be arrested is or is reasonably PERSONALLY by the judge after examination under
believed to be in said building; oath or affirmation of the complainant and the
(b) He has announced his authority and purpose witnesses he may produce; and
of entering therein; and
(c) He has requested and been denied The warrant must particularly describe the person to
admittance. be arrested.
Also applicable where there is a valid arrest
INSTANCES WHEN JUDGE ISSUES WARRANT OF ARREST
without a warrant.
Upon the filing of the information by the public
(3) To break out from the building/enclosure when prosecutor and after personal evaluation by the
necessary to liberate himself (Rule 113, Sec. 12) judge of the prosecutor’s resolution and supporting
Also applicable where there is a valid warrantless evidence. (Rule 112, Sec. 5(a))
arrest.
The judge does not have to personally examine the
(4) To search the person arrested for dangerous complainant and his witnesses. Established doctrine
weapons or anything which may have been used provides:
or constitute proof in the commission of an
offense without a warrant (Rule 126, Sec. 13) He shall personally evaluate the report and the
supporting documents submitted by the fiscal

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regarding the existence of probable cause and, on to guarantee his appearance before any court as
the basis thereof, issue a warrant of arrest; OR required under conditions hereinafter specified. [Rule
114, Sec. 1]
If on the basis thereof he finds NO probable cause,
he may disregard the fiscal’s report and require the PURPOSES
submission of supporting affidavits of (1) To relieve an accused from imprisonment until his
witnesses.[People v. Gray (2010); AAA v. Carbonell conviction and yet secure his appearance at the
(2007))] trial. [ People v. The Hon. Donato (2011)]
(2) To honor the presumption of innocence until his
DETERMINATION OF PROBABLE CAUSE FOR guilt is proven beyond reasonable doubt [Art. III,
ISSUANCE OF WARRANT OF ARREST Sec. 14, Const]; and
(3) To enable him to prepare his defense without
Probable cause test being subject to punishment prior to conviction
Probable cause, in connection with the issuance of a [Cortes v. Judge Catral (1997)].
warrant of arrest, assumes the existence of facts and
circumstances that would lead a reasonably discreet AS REGARDS THE REQUIREMENT OF CUSTODY
and prudent man to believe that a crime has been General Rule: Custody of the law is required before
committed and that it was likely committed by the the court can act on an application for bail [Miranda
person sought to be arrested. [People v. Tan (2009)] v. Tuliao (2006)]

Probable cause demands more than suspicion but it Exceptions (When witness/es post bail):
requires less than evidence that would justify (1) When bail is required to guarantee the
conviction. [People v. Gabo (2010)] appearance of a material witness [Sec. 14, Rule
119];
DISTINGUISH PROBABLE CAUSE OF FISCAL (2) When bail is required to guarantee the
FROM THAT OF A JUDGE appearance of a prosecution witness in cases
Fiscal Judge where there is substitution of the information
[Riano, citing Sec. 14, Rule 110]
Executive determination Judicial determination of
of PC PC WHEN A MATTER OF RIGHT; EXCEPTIONS
Determination of PC to Determination of PC to
hold a person for trial issue a warrant of arrest BAIL AS A MATTER OF RIGHT
When bail is a matter of right [Rule114, Sec. 4]
W/N there is reasonable W/N a warrant of arrest (1) Before or after conviction pending appeal by the
ground to believe that the should be issued MTC.
accused is guilty of the (2) Before conviction by RTC of all offenses
offense charged and punishable by penalty lower than reclusion
should be held for trial perpetua.

Rule: The determination of probable cause for WHEN BAIL NOT AVAILABLE
issuing a warrant of arrest is made by the judge. The When evidence of guilt is strong in capital offenses or
preliminary investigation proper---whether or not those punishable by death, reclusion perpetua or life
there is a reasonable ground to believe that the imprisonment.
accused is guilty of the offense charged---is the
function of the investigating prosecutor [AAA v. Exception: When the accused is a minor, he is
Carbonell (2007)]. entitled to bail regardless of whether the evidence of
guilt is strong.

Capital Offense
An offense which under the law existing at the time
Bail of commission and of the application for admission
to bail is punishable by death. [Rule 114, Sec. 6]
NATURE
The capital nature of the offense is determined by
DEFINITION the penalty prescribed by law and not the one actually
Bail is the security given for the release of a person in imposed.
custody of the law, furnished by him or a bondsman,

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Note: R.A. 9346 (An Act Prohibiting the Imposition of Note: In hearing the petition for bail, the prosecution
in the Philippines) enacted on June 24, 2006 (which has the burden of showing that the evidence of guilt
repealed R.A. No. 8177 and R. A. No. 7659) is strong. [Rule 114, Sec. 8]
prohibited the imposition of death penalty. Under
R.A. 9346, it stated that: In deportation proceedings, bail is discretionary upon
the Commissioner of Immigration and Deportation.
Section 7. Capital offense or an offense punishable by [Harvey v. Defensor-Santiago (1990)]
reclusion perpetua or life imprisonment
WHEN APPLICATION FOR BAIL AFTER CONVICTION SHALL
Bail in extradition proceedings BE DENIED:
Basis: [Gov. of USA vs Purganan & Jimenez (2002)] If the penalty imposed by the trial court is
imprisonment exceeding 6 years, the accused shall
General Rule: Right to bail is available only in be denied bail or his bail shall be cancelled upon
criminal proceedings and does not apply to showing by the prosecution, with notice to the
extradition proceedings because extradition courts accused, of any of the following:
do not render judgments of conviction or acquittal. (1) Recidivism, quasi-recidivism, or habitual
delinquency or commission of a crime
Exception: Only upon a clear and convincing aggravated by reiteration of the accused.
evidence: (2) The accused previously escaped from legal
(a) that once granted, the applicant will not be flight confinement, evaded sentence or violated bail
risk or will not pose danger to the community; conditions without valid justification.
and (3) Commission of offense while under probation,
(b) that there exists special humanitarian and parole or conditional pardon by the accused.
compelling circumstances. (4) Probability of flight.
(5) Undue risk that the accused may commit another
Note: Bail is a matter of discretion in extradition crime during pendency of appeal.
proceedings [Government of Hong Kong Special
Administrative Region v. Olalia (2007)] HEARING OF APPLICATION FOR BAIL IN
CAPITAL OFFENSES [SEC. 8, RULE 114]
Right to bail is not available: Note: RA 9346, Section 7. Capital offense or an
(1) To military personnel accused under general offense punishable by reclusion perpetua or life
courts martial [Comendador v. de Villa (1991)] imprisonment or life imprisonment
(2) After a judgment of conviction has become final
If he applied for probation before finality, he may CONVICTION
be allowed temporary liberty under his bail [Rule This refers to conviction by the trial court, which has
114, Sec. 24]. not become final, as the accused still has the right to
(3) After the accused has commenced to serve his appeal. After conviction by the trial court, the
sentence [Rule 114, Sec. 24] accused convicted of a capital offense is no longer
entitled to bail, and can only be released when the
WHEN A MATTER OF DISCRETION [RULE 114, conviction is reversed by the appellate court. [Section
SEC. 5] 13, Article III, Const.]
(1) Before conviction, in offenses punishable by
death, reclusion perpetua or life imprisonment PROSECUTION HAS BURDEN OF PROOF
and evidence of guilt is not strong At the hearing of an application for bail filed by a
(2) Upon conviction by the RTC of an offense not person in custody for the commission of an offense
punishable by death, reclusion perpetua or life punishable by reclusion perpetua or life
imprisonment. imprisonment, the prosecution has the burden of
showing that evidence of guilt is strong.
It may be filed in and acted upon by the RTC
despite the filing of notice of appeal, provided Evidence of Guilt in the Constitution and the Rules
that it has not transmitted the original record to refers to a finding of innocence or culpability,
the appellate court. regardless of the modifying circumstances.

If the RTC decision changed nature of the offense REGARDING MINORS CHARGED WITH A CAPITAL OFFENSE
from non-bailable to bailable, the application for If the person charged with a capital offense is
bail can be resolved only by the appellate court. admittedly a minor, which would entitle him, if
convicted, to a penalty next lower than that

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prescribed by law, he is entitled to bail regardless of recognizance, the application may only be filed in the
whether the evidence of guilt is strong. The reason court where the case is pending, on trial, or appeal.
for this is that one who faces a probable death
sentence has a particularly strong temptation to flee. GUIDELINES IN FIXING AMOUNT OF BAIL [RULE
114, SEC. 9]
This reason does not hold where the accused has
been established without objection to be minor who Primarily, but not limited to, the following factors:
by law cannot be sentenced to death. (1) Financial ability of the accused
(2) Nature and circumstances of the offense
DUTY OF JUDGE TO CONDUCT HEARING (3) Penalty for the offense charged
(4) Character and reputation of the accused
Duties of the trial judge in a petition for bail (5) Age and health of the accused
(a) Notify the prosecutor of the hearing and require (6) Probability of the accused appearing at the trial
him to submit his recommendation; (7) Forfeiture of other bail
(b) Conduct a hearing of the application regardless (8) Fact that accused was a fugitive from justice
of whether or not prosecution refuses to present when arrested
evidence to show that the guilt of the accused is (9) Forfeiture of other bail
strong; (10) Pendency of other cases where the accused is on
(c) Decide whether the evidence of guilt of the bail.
accused is strong based on the summary of the
evidence of the prosecution; BAIL WHEN NOT REQUIRED [SEC. 16, RULE 114]
(d) If the guilt of the accused is not strong, discharge When a person has been in custody for a period
the accused upon the approval of the bail bond. equal to or more than the possible maximum
Otherwise, petition should be denied. [Riano, imprisonment of the offense charged to which he
citing Narciso v. Santa Romana-Cruz, 328 SCRA may be sentenced.
505]
If the maximum penalty is destierro, he shall be
Note: Evidence presented during the bail hearing are released after 30 days of preventive imprisonment.
automatically reproduced at the trial [Sec. 8, Rule
114] In cases filed with the MTC/MCTC for an offense
punishable by an imprisonment of less than 4 yrs, 2
WHERE THE APPLICATION IS FILED: [SEC. 17, RULE 114; AS mos. and 1 day, and the judge is satisfied that there
AMENDED BY AM 05-08-26] is no necessity for placing the accused under
custody. [Riano, citing Sec. 8, Rule 112]
General Rule: The application may be filed with the
court where the case is pending. In cases where a person is charged with violation of a
municipal/city ordinance, a light felony and/or
Exceptions: criminal offense, the penalty of which is not higher
(a) If the judge of the court where the case is pending than 6mos imprisonment and/or a fine of 2000 or
is absent or unavailable, the application may be both where it is established that he is unable to post
filed with any RTC/MTC/MeTC/MCTC judge in the required cash or bail bond. [Sec. 1, RA 6036]
the province, city or municipality.
(b) Where the accused is arrested in a province, Exceptions:
city/municipality other than where the case is (a) Caught committing the offense in flagrante
pending, the application may be filed with any (b) When accused confesses to the commission of
RTC of the said place. If no judge is available, the offense unless he later repudiates the same in
then with any MeTC/MTC/MCTC judge in the a sworn statement or in open court as having
said place. Judge who accepted the application been extracted through force or intimidation
shall forward it, together with the order of (c) Found to have previously escaped legal
release and other supporting papers where the confinement, evaded sentence, or jumped bail
case is pending (d) Found to have violated Sec. 2 of RA 6036 which
(c) When a person is in custody but not yet charged, provides that the violation of the accused of the
he may apply with any court in the province or sworn statement (required instead of bail) shall
city/municipality where he is held. justify the court to order his immediate arrest, if
the accused’ failure to report is not justified
Note: Where the grant of bail is a matter of (e) Accused is a recidivist or habitual delinquent or
discretion, or the accused seeks to be released on has been previously convicted for an offense to

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which the law/ordinance attaches an Automatic Cancellation


equal/greater penalty or for two/more offenses (1) Upon acquittal of the accused
to which it attaches a lighter penalty (2) Upon dismissal of the case
(f) Accused committed the offense while on parole or (3) Upon execution of judgment of conviction
under conditional pardon
(g) Accused has previously been pardoned for APPLICATION NOT A BAR TO OBJECTIONS IN
violation of municipal/city ordinance for at least ILLEGAL ARREST, LACK OF OR IRREGULAR
two times [Riano, citing Sec. 1, RA 6036] PRELIMINARY INVESTIGATION

INCREASE OR REDUCTION OF BAIL Bail is no longer a waiver of these objections [Rule


After the accused is admitted to bail and for good 114, Sec. 26; Leviste v. Alameda (2011)].
cause, the court may increase or decrease the
amount. Provided that the proper objections are timely raised
(i.e., before accused enters a plea), an application or
INCREASED BAIL an admission to bail shall NOT bar the accused from
Accused may be committed to custody if he does not challenging or questioning the:
give bail in the increased amount within a (1) Validity of his arrest.
reasonable period of time. [Rule 114, Sec. 20] (2) Legality of the arrest warrant.
(3) Regularity of preliminary investigation
REDUCED BAIL (4) Absence of preliminary investigation
Person in custody for a period equal to or more than
the minimum of the principal penalty prescribed for The court shall resolve the objections as early as
the offense charged may be released on a reduced practicable but not later than the start of the trial of
bond. [Rule 114, Sec. 16] the case.

FORFEITURE AND CANCELLATION OF BAIL HOLD DEPARTURE ORDER & BUREAU OF


IMMIGRATION WATCHLIST
FORFEITURE OF BAIL [RULE 114, SEC. 21] Bondsmen can prevent accused from leaving country
If the accused failed to appear in person as required, by arresting him or asking for him to be re-arrested
bondsmen are given 30 days within which to: by a police officer upon written authority. [Rule 114,
(1) Produce the body of the principal or give reason Sec. 23]
for the non-production. Bondsmen may:
(a) Arrest the accused; The accused may be prohibited from leaving the
(b) Cause him to be arrested by a police country during the pendency of his case. [PP v. Uy
officer or any other person of suitable age or Tuising (1935); Manotoc v. CA (1986)] If the accused
discretion upon written authority endorsed released on bail attempts to depart from the
on a certified copy of the undertaking. Philippines without the permission of the court
(2) Explain why the accused failed to appear. where his case is pending, he may be re-arrested
(a) If the bondsmen fail to do these, without warrant. [Rule 114, Sec. 23]
judgment is rendered against them, jointly
and severally, for the amount of the bail. Hold-Departure/ Watchlist/ Allow Departure Orders
(b) Bondsmen’s liability cannot be mitigated A hold-departure order may be issued only by the
or reduced, unless the accused has been RTCs in criminal cases within their exclusive
surrendered or is acquitted. jurisdiction. [SC Circular No. 39-97 (June 19, 1997)]

CANCELLATION OF BAIL [RULE 114, SEC. 22] SC Circular 39-97 deals with criminal cases pending
Application by bondsmen in the RTC. This created a void, as to those cases
Upon application of the bondsmen with due notice pending in the MTC as well as those under
to the prosecutor, bail may be cancelled upon: preliminary investigation. Thus the DOJ promulgated
(a) surrender of the accused; OR DOJ Circular No. 41 governing the issuance of HDO,
(b) proof of his death Watchlist Orders, and Allow Departure Orders.
[Whereas clause of DOJ Circular No. 41]

Hold Departure Order Watchlist Order


When it may issue Against the accused, irrespective of Against the accused, irrespective of
nationality, in criminal cases falling within nationality, in criminal cases pending

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the jurisdiction of first-level courts (MeTC, before the RTC


MTC, MCTC)
Against the respondent, irrespective of
Against the alien whose presence is nationality, in criminal cases pending
required either as a defendant, preliminary investigation, PFR, or MR
respondent, or witness in a civil or labor before the DOJ or any of its prosecution
case pending litigation, or any case before offices
an administrative agency of the
government. Against any person pursuant to the “Anti-
Trafficking in Persons Act of 2003” (RA
Against any person, either motu proprio, 9208) or in the interest of national
or upon the request by the Head of a security, public safety or public health
Department of the Government, the Chief
Justice of the Supreme Court for the
Judiciary; the Senate President or the
House Speaker for the Legislature, when
the adverse party is the Government or
any of its agencies or instrumentalities, or
in the interest of national security, public
safety or public health.
Validity 5 years reckoned from the date of its 60 days reckoned from the date of its
issuance, unless sooner terminated issuance, unless sooner terminated or
extended for a non-extendible period of
not more than 60 days
Grounds for lifting or When the validity period has already When the validity period has already
cancellation expired expired

When the accused has been allowed to When the accused has been allowed by
leave the country during the pendency of the court to leave the country during the
the case, or has been acquitted of the pendency of the case, or has been
charge, or the case in which the acquitted of the charge
warrant/order of arrest was issued has
been dismissed or the warrant/order of When the PI is terminated, or when the
arrest has been recalled. PFR or MR has been denied and/or
dismissed

When Allow Departure Orders (ADOs) may issue: for (2) Authority to travel or travel clearance from the
exceptional reasons to allow the person to leave court or appropriate government office or from
upon submission of the following: the investigating prosecutor
(1) An affidavit of purpose, including an undertaking
to report to the DOJ immediately upon return

The Rules or the law may, however, provide for a


Rights of the Accused presumption of guilt. [Hizon v. CA (2009)]

RIGHTS OF ACCUSED AT THE TRIAL [RULE 115] In Hizon v. Court of Appeals (2009), the Court
stressed that the statutory presumption is merely
TO BE PRESUMED INNOCENT UNTIL THE CONTRARY IS prima facie. At no instance can the accused be
PROVED BEYOND REASONABLE DOUBT denied the right to rebut the presumption.
The presumption of regularity in the performance of
official duty cannot by itself overcome the Proof beyond reasonable doubt does not mean such
presumption of innocence nor constitute proof a degree of proof as, excluding possibility of error,
beyond reasonable doubt. [People v. Sanchez (2008)] produces absolute certainty. Moral certainty only is

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required, or that degree of proof which produces Effects: Waiver of right to be present, right to present
convinction in an unprejudiced mind. [Rule 133, Sec.2] evidence and right to cross-examine witnesses.
[Gimenez v. Nazareno (1988)]
Where the evidence in a criminal case is evenly
balanced, the constitutional presumption of Right to counsel
innocence titlts the scales in favor of the accused (a) It means reasonably effective legal assistance.
[People v. Erguioza (2008)]. This is the “equipoise [Gideon v. Wainright (1963)]
rule.” (b) It is absolute and may be invoked at all times,
even on appeal. [Telan v. CA (1991)]
TO BE INFORMED OF THE NATURE AND CAUSE OF (c) Duty to appoint counsel de oficio is mandatory
ACCUSATION AGAINST HIM only at the time of arraignment. [Sayson v. People
An accused cannot be convicted of an offense, unless (1988)]
it is clearly charged in the complaint or information. (d) Violation of this right entitles the accused to new
[People v. Ortega (1997)] trial. [People v. Serzo (1997)]The right to counsel
may be waived but to insure that the waiver is
Charge must be set forth with sufficient particularity voluntary and intelligent, the waiver must be in
to enable the accused to intelligently prepare his writing and in the presence of the counsel of the
defense. [Balitaan v. CFI of Batangas (1982)] accused [People v. Del Castillo (2004)]. It must
also not be contrary to law, public order, public
The purpose is served by arraignment. [Borja v. policy, morals or good customs.
Mendoza (1977)] The title of the complaint, or the (e) Even a person under investigation for an offense
designation of the offense charged or the particular shall the right to have a “competent and
law violated is not controlling. No information for a independent counsel preferably of his own
crime will be sufficient if it does not accurately and choice” Included in this right is the right to be
clearly allege the elements of the crime charged. informed of his right to counsel [Sec. 12[1], Art. II,
[People v. Dimaano (2005)] 1987 Constitution; Sec 2(b) RA 7438].

TO BE PRESENT AND DEFEND IN PERSON AND BY COUNSEL Right to defend in person


AT EVERY STAGE OF THE PROCEEDINGS Only when it sufficiently appears that he can protect
his rights without the assistance of counsel [Sec. 1[b],
Right to be present Rule 115, Rules of Court]
General Rule: Presence of the accused during the
criminal action is not required and shall be based on TO TESTIFY AS WITNESS IN HIS BEHALF
his sole discretion. But subject to cross-examination on any matter
covered by his direct examination. (Sec. 1[d]. Rule 115)
Exception: Presence of the accused is mandatory: Silence will not, in any manner, prejudice him.
(a) For purposes of identification;
(b) At arraignment; [Rule 116, Sec. 1(b)] RIGHT AGAINST SELF-INCRIMINATION (2005 BAR)
(c) At the promulgation of judgment; The right against self-incrimination has no
application to juridical persons. [BASECO v. PCGG
Exception: If the conviction is for a light offense. [Rule (1987)]
120, Sec. 6]
The constitutional guaranty, that no person shall be
This right may be waived when: compelled in any criminal case to be a witness
(1) The accused is absent without just cause at the against himself, is limited to a prohibition against
trial of which he had notice; or compulsory testimonial self-incrimination. The
(2) The accused under custody escapes, until custody corollary to the proposition is that, an ocular
over him is regained. inspection of the body of the accused is permissible.
[Villafor vs. Summers (1920)] The proviso is that
Trial in absentia torture of force shall be avoided.
Requisites: [Parada v. Veneracion (1997)]
(a) Prior arraignment; The right is applicable to one who is compelled to
(b) Proper notice of the trial; produce a document, and one who is compelled to
(c) Failure to appear is unjustifiable. furnish a specimen of his handwriting, for in both
cases, the witness is required to furnish evidence
against himself. [People v. Nicandro (1986)]

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An accused “occupies a different tier of protection


from an ordinary witness.” He is entitled 1) to be If a subpoena is issued and the witness failed to
exempt from being a witness against himself, and 2) appear, the court should order the arrest of the
to testify as witness in his own behalf; BUT if he witness if necessary. [People v. Montejo (1967)]
offers himself as a witness he may be cross-
examined as any other witness; however, his neglect RIGHT TO SPEEDY, IMPARTIAL, AND PUBLIC TRIAL
or refusal to be a witness shall not in any manner In determining whether or not the right to speedy
prejudice or be used against him. [People v. Judge disposition of cases has been violated, this Court has
Ayson (1989)] laid down the following guidelines [Tan v. People
(2009); Olbes v. Buemio (2009)]:
Thus, the right may be waived by the failure to timely (a) Length of the delay;
assert the right, that is, by answering an incriminating (b) Reasons for such delay;
question [Beltran v. Samson (1929)] when the (c) Assertion or failure to assert such right by the
accused testifies in his own behalf and is cross- accused; and
examined on matters covered by the direct (d) Prejudice caused by the delay.
examination. [Sec. 1(f), Rule 115] The questions on
cross examination should be on matters related to Remedy against denial of right:
his direct examination. [People v. Judge Ayson, supra] (a) Motion to Dismiss [Corpuz v Sandiganbayan
(2004)]

The accused is not entitled to a dismissal where


RIGHT TO CONFRONTATION such delay was caused by proceedings or motions
Applies to any witness against the accused at the instituted by him.A dismissal based on a violation
trial. of the right to speedy trial is equivalent to an
acquittal and double jeopardy may attach even if
Where the adverse party is deprived of the right to the dismissal is with the consent of the accused.
cross-examine the persons who executed the [Condrada v. People (2003)]
affidavits, said affidavits are generally rejected for (b) Mandamus. [Lumanlao v. Hon. Peralta (2006)]
being hearsay. [Estrella v. Robles, Jr. (2007)]
RIGHT TO APPEAL
HOWEVER, either party may utilize as part of its In all criminal prosecutions, the accused shall have
evidence the testimony of a witness who is deceased, the right to appeal in the manner prescribed by law.
out of or cannot with due diligence be found in the [Hilario v. People (2008)]
Philippines, unavailable or otherwise unable to
testify, given in another case or proceeding, judicial An appeal in criminal case opens the ENTIRE case
or administrative, PROVIDED they involve the same for review and the appellate court may correct even
parties and subject matter and the adverse party had unassigned errors. [People v. Tambis (2008)]
the opportunity to cross-examine him. [Sec. 1(f), Rule
115] The right to appeal is a statutory right and the
requirements must be complied with; otherwise, the
This right is waived by non-appearance. [Carredo v. right is lost. [People v. Sabellano (1991)]
People (1990)]
If the accused escapes from confinement, appeal is
The right does not apply in a preliminary not allowed unless he voluntarily surrenders within
investigation. They parties may, however, submit to period for appeal. [People v. Omar (1991)]
the investigating officers questions which may be
asked to the party or witness concerned. [Sec. 3(e), The right to appeal is lost by the unjustified failure to
Rule 112] appear at the promulgation of judgment of
conviction [Villena v. People, (2011)]
Identification by a witness of the accused is
inadmissible if the accused had no opportunity to RIGHTS OF PERSONS UNDER CUSTODIAL
confront witness. [People v. Lavarias (1968)] INVESTIGATION [SEC. 2, RA 7438]
Custodial Investigation involves any questioning
RIGHT TO COMPULSORY PROCESS initiated by law enforcement officers after a person
This right may be invoked by the accused to secure has been taken into custody or otherwise deprived of
the attendance of witnesses and the production of his freedom of action in any significant way. [Aquino
witnesses in his behalf. v Paiste (2008)]

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AND TO HAVE COMPETENT AND INDEPENDENT COUNSEL,


It shall include the practice of issuing an “invitation” PREFERABLY OF HIS OWN CHOICE, WHO SHALL AT ALL
to a person who is investigated in connection with an TIMES BE ALLOWED TO CONFER PRIVATELY WITH THE
offense he is suspected to have committed, without PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL
prejudice to the liability of the “inviting” officer for INVESTIGATION
any violation of law.
TO BE ALLOWED VISITS BY OR CONFERENCES WITH:
TO BE ASSISTED BY COUNSEL AT ALL TIMES Any member of his immediate family ("Immediate
Waiver of the right to counsel must be made with the family" includes his or her spouse, fiancé or fiancée,
assistance of counsel. [Art. 3, Sec. 12(1), Constitution] parent or child, brother or sister, grandparent or
grandchild, uncle or aunt, nephew or niece, and
Specifically in the following instances: guardian or ward), or
(a) Signing of the written custodial report;
(b) Signing of the written extra-judicial confession Any medical doctor or
(2008 Bar)
Priest or religious minister, chosen by him or by any
Requisites for the validity of an extrajudicial confession member of his immediate family or by his counsel, or
made by a person arrested, detained or under by any national NGO duly accredited by the
custodial investigation: Commission on Human Rights or by any
(1) It shall be in writing and signed by such international NGO duly accredited by the Office of
person; and the President.
(2) It must be signed in the presence of his
counsel CONSEQUENCES OF VIOLATION OF CUSTODIAL RIGHTS
OR, in the latter’s absence, upon a valid waiver; Failure to inform
Any arresting public officer or employee, or any
In the event of a valid waiver, it must be signed in investigating officer, shall suffer a fine of P6,000.00
the presence of any of the parents, elder brothers or a penalty of imprisonment of not less than 8 years
and sisters, his spouse, the municipal mayor, the but not more than 10 years, or both.
municipal judge, district school supervisor, or
priest or minister of the gospel as chosen by him. The investigating officer who has been previously
convicted of a similar offense shall suffer the penalty
(c) Signing of the waiver to the provisions of Art. 125, of perpetual absolute disqualification.
RPC.
Obstruction, prevention or prohibition of right to visits
The modifier competent and independent in the 1987 or conferences
Constitution is not an empty rhetoric. It stresses the Any person guilty thereof shall suffer the penalty of
need to accord the accused, under the uniquely imprisonment of not less than 4 years nor more than
stressful conditions of a custodial investigation, an 6 years and a fine of P4,000.00
informed judgment on the choices explained to him
by a diligent and capable lawyer [Lumanog v. People
(2010)]

If he cannot afford to have his own counsel, he must Arraignment and Plea
be provided with a competent and independent
counsel by the investigating officer. ARRAIGNMENT AND PLEA, HOW MADE

Assisting counsel may be any lawyer, except those: DEFINITION


(a) Directly affected by the case; The stage where the accused is formally informed of
(b) Charged with conducting preliminary the charge against him by reading before him the
investigation; information/complaint and asking him whether he
(c) Charged with the prosecution of crimes. [Sec. 3, pleads guilty or not guilty. [Rule 116, Sec. 1(a)]
RA 7438)
It is the stage where the issues are joined and
TO REMAIN SILENT without which the proceedings cannot advance
further or, if held, will otherwise be void. [Borja v.
TO BE INFORMED, IN A LANGUAGE KNOWN TO AND Mendoza (1977)]
UNDERSTOOD BY HIM, OF HIS RIGHTS TO REMAIN SILENT

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DUTY OF THE COURT BEFORE ARRAIGNMENT The Court shall issue an order directing the public
The court shall [Rule 116, Sec. 6]: prosecutor to submit the record of the PI to the
(a) Inform the accused of his right to counsel; branch COC for the latter to attach the same to the
(b) Ask him if he desires to have one; and record of the case.
(c) Must assign a counsel de officio to defend him;
unless the accused:
(1) Is allowed to defend himself in person; or The court shall inform the accused of his right to
(2) Has employed a counsel of his choice. counsel and ask him if he desires to have one.
Unless the accused is allowed to defend himself in
BEFORE ARRAIGNMENT AND PLEA, THE ACCUSED MAY person or has employed counsel of his choice, the
AVAIL OF ANY OF THE FOLLOWING: court must assign a counsel de oficio to defend him.
(1) Bill of particulars – to enable him to properly
plead and prepare for trial
(2) Suspension of arraignment – upon motion, the Arraignment
proper party may ask for suspension of
arraignment to pursue a petition for review before If accused pleads Not Guilty
the DOJ Secretary under Sec. 11, Rule 116; period
of suspension shall not exceed 60 days from
filing of petition with the reviewing office Affirmative defense (admits the
(3) Motion to Quash – at anytime before entering his charge but raises exempting or
plea, the accused may move to quash the justifying circumstances), then
complaint or information on any of the grounds Reverse Order of Trial
under Sec. 3, Rule 117 in relation to Sec. 1, Rule 117
(4) Challenge the validity of the arrest or legality of Negative defense (denies the
the warrant or assail the regularity or question charge), then proceed to regular
the absence of preliminary investigation of the trial
charge,
If accused pleads Guilty
PROVIDED that if the accused does not question the
legality of the arrest or search, this objection is
deemed waived. For Non-Capital Offenses,
promulgate judgment of
HOW ARRAIGNMENT MADE
conviction
In general
For Capital Offenses, the
prosecution is still required to
prove guilt beyond reasonable
doubt

If accused does not enter ANY plea, a


plea of Not Guilty is entered by the Court
Note: The time of the pendency of a motion to quash
or for a bill of particulars or other causes justifying
suspension of the arraignment shall be excluded in
computing the period. [Rule 116, Sec. 1(g)]

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If the accused is under preventive detention


How Arraignment is Made The case shall be raffled and its records transmitted
(a) In open court where the complaint or information to the judge to whom the case was raffled within 3
has been filed or assigned for trial days from the filing of the information or complaint.
(b) By the judge or clerk of court
(c) By furnishing the accused with a copy of the The accused shall be arraigned within 10 days from
complaint or information the date of the raffle.
(d) Reading it in a language or dialect known to the
accused SPECIFIC RULES ON ARRAIGNMENT
(e) Asking the accused whether he pleads guilty or (a) Trial in absentia may be conducted only after
not guilty valid arraignment.
(b) Accused must personally appear during
When Arraignment Should be Held arraignment and enter his pleal; counsel cannot
General Rule: Accused should be arraigned within 30 enter plea for the accused.
days from the date the court acquires jurisdiction (c) Accused is presumed to have been validly
over his person. arraigned in the absence of proof to the
contrary.
Exception: Unless a shorter period is provided for by (d) Generally, judgment is void if accused has not
law: been validly arraigned.
(1) When an accused is under preventive detention, (e) If accused went into trial without being arraigned,
his case should be raffled within 3 days from subsequent arraignment will cure the error
filing and accused shall be arraigned within 10 provided that the accused was able to present
days from receipt by the judge of the records of evidence and cross examine the witnesses of the
the case (RA 8493 Speedy Trial Act) prosecution during trial.
(2) Where the complainant is about to depart from
the Philippines with no definite date of return, the If an information is amended in substance which
accused should be arraigned without delay (RA changes the nature of the offense, arraignment on
4908) the amended information is MANDATORY.
(3) Cases under RA 7610 (Child Abuse Act), the trial
shall be commenced within 3 days from EXCEPT if the amendment is only as to form
arraignment See Teehankee, Jr. v. Madayag, GR No. 103102, March
(4) Cases under the Dangerous Drugs Act 6, 1992
(5) Cases under SC AO 104-96, i.e. heinous crimes,
violations of the Intellectual Property Rights Law, WHEN SHOULD PLEA OF NOT GUILTY BE
these cases must be tried continuously until ENTERED
terminated within 60 days from commencement
of the trial and to be decided within 30 days from INSTANCES WHEN A PLEA OF NOT GUILTY TO BE ENTERED
the submission of the case FOR THE ACCUSED [RULE 116, SEC. 1(C)]
(a) When the accused so pleaded
In case of failure of the OFFENDED PARTY to appear (b) When he refuses to plead
despite due notice, the court may allow the accused (c) When he makes a conditional or qualified plea of
to enter a plea of guilty to a lesser offense which is guilt
necessarily included in the offense charged with the (d) When the plea is indefinite or ambiguous
conformity of the trial prosecutor alone. [Sec. 1(f), (e) When he pleads guilty but presents exculpatory
Rule 116; SC AM No. 03-1-09-SC Part B(2)] evidence

In case of failure of ACCUSED to appear despite due If the accused who pleaded guilty presents
notice, there is NO ARRAIGNMENT IN ABSENTIA exculpatory evidence, his plea of guilt is withdrawn.
[Nolasco v. Enrile (1985)] - The presence of the The judge must order the accused to plead again or
accused is not only a personal right but also a public at least direct that a new plea of “not guilty” be
duty, irrespective of the gravity of the offense and the entered for him, otherwise there shall be no standing
rank of the court. plea for the accused. This is significant because if
There can be no trial in absentia without there is no standing plea, the accused cannot invoke
first arraigning the accused; otherwise, the double jeopardy later on.
judgment is null and void.

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WHEN ACCUSED MAY ENTER A PLEA OF GUILTY Rationale: To proceed with more care where the
TO A LESSER OFFENSE [RULE 116, SEC. 2] possible punishment is in its severest form; to avoid
improvident pleas of guilt.[People v. Samontanez
PLEA TO A LESSER OFFENSE DURING ARRAIGNMENT (2000)]
At arraignment, the accused, with the consent of the
offended party and prosecutor, may be allowed by IMPROVIDENT PLEA OF GUILTY TO A CAPITAL
the trial court to plead guilty to a lesser offense OFFENSE
which is necessarily included in the offense charged.
DEFINITION
PLEA TO A LESSER OFFENSE AFTER ARRAIGNMENT BUT Plea without proper information as to all the
BEFORE TRIAL circumstances affecting it; based upon a mistaken
After arraignment but before trial, the accused may assumption or misleading information/advice.
still be allowed to plead guilty to said lesser offense [Black’s Law Dictionary]
after withdrawing his plea of not guilty. No
amendment of the complaint or information is General rule: An improvident plea should not be
necessary. accepted. If accepted, it should not be held to be
sufficient to sustain a conviction. [People v. De
PLEA TO A LESSER OFFENSE AFTER TRIAL HAS BEGUN Ocampo Gonzaga (1984)] The case should be
After the prosecution has rested its case, a change of remanded to the lower court for further proceedings.
plea to a lesser offense may be granted by the judge,
with the approval of the prosecutor and the offended Exception: If the accused appears guilty beyond
party if the prosecution does not have sufficient reasonable doubt from the evidence adduced by the
evdiecne to establish the guilt of the accused for the prosecution and defense.
crime charged. The judge cannot on its own grant
the change of plea. WHEN IMPROVIDENT PLEA MAY BE WITHDRAWN
At any time before judgment of conviction becomes
ACCUSED PLEAD GUILTY TO CAPITAL OFFENSE, final, the court may permit an improvident plea of
WHAT THE COURT SHOULD DO [SEC. 3, RULE guilty to be withdrawn and be substituted by a plea
116] of not guilty.

DUTY OF THE COURT WHEN ACCUSED PLEADS GUILTY TO A The withdrawal of a plea of guilty is not a matter of
CAPITAL OFFENSE right of the accused but of sound discretion of the
(1) Conduct a searching inquiry into the voluntariness trial court [People v. Lambino, 103 Phil 504, 1958]
and full comprehension of the consequences of the
pleas The reason for this is that trial has already begun
(2) Require prosecution to present evidence to prove and the withdrawal of the plea will change the
the guilt and precise degree of culpability of the theory of the case and put all past proceedings to
accused waste. Moreover, at this point, there is a presumption
(3) Ask the accused if he desires to present evidence that the plea was made voluntarily
in behalf and allow him to do so if he desires

SEARCHING INQUIRY GROUNDS FOR SUSPENSION OF


ARRAIGNMENT [RULE 116, SEC. 11]
PLEA OF GUILTY TO A CAPITAL OFFENSE [RULE 116, SEC.
3] UNSOUND MENTAL CONDITION OF THE ACCUSED AT THE
The procedure in Sec. 3, Rule 116 is mandatory. TIME OF THE ARRAIGNMENT
The plea must be clear, definite and unconditional. (1) When the accused can neither comprehend the
It must be based on a free and informed judgment. full import of the charge nor can he give an
intelligent plea.
The judge must ask whether the accused was (2) The court shall order his mental examination and,
assisted by counsel during CI and PI; ask questions if necessary, his confinement.
on age, educational attainment and socio-economic (3) The need for suspension may be determined from
status; and ask the defense counsel WON he physical and outward manifestations at the time
conferred with the accused. [People v. Nadera of arraignment indicative of a mental disorder
(2000)] which the court had observed and defense
counsel had called attention to. [People v.
Alcalde (2002)]

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(4) 3 major criteria to determine insanity: [People v.


Dungo (1991)] Motion to Quash
(a) DELUSION TEST – Insanity is manifested by
a false belief for which there is no reasonable Time for Filing: Any time before the accused enters
basis and which would be incredible under his plea [Sec. 1, Rule 117]
the given circumstances.
(b) IRRESISTIBLE IMPULSE TEST – The accused Form and Contents
has lost the power to choose between right (a) Must be in writing;
and wrong, to avoid the act in question, his (b) Signed by the accused/his counsel; and
free agency being at that time destroyed. (c) Distinctly specify the factual and legal grounds.
(c) RIGHT AND WRONG TEST – A perverted [Sec. 2, Rule 117]
condition of mental and mortal faculties as
to render him incapable of distinguishing In case of Summary Procedure
between right and wrong MTQ is allowed only if made on the grounds of lack
(5) Tests to determine insanity: [People v. Pascual of jurisdiction or failure to comply with barangay
(1993)] conciliation proceedings. [Sec. 19, Rules on Summary
(a) TEST OF COGNITION – Complete Procedure]
deprivation of intelligence in committing the
criminal act. It is the test adopted in this GROUNDS [RULE 117, SEC. 3] (1998 BAR)
jurisdiction. The following grounds for MTQ are EXCLUSIVE:
(b) TEST OF VOLITION – A total deprivation of (1) Facts charged do not constitute an offense
free will. (2) Court trying the case has no jurisdiction over the
offense charged.
PREJUDICIAL QUESTION EXISTS (3) Court trying the case has no jurisdiction over the
Rationale: A prejudicial question would be person of the accused.
determinative of guilt or innocence. (4) Officer who filed the information had no authority
to do so.
It may be raised during PI. If the information is filed (5) The information does not conform substantially
in court, it may be raised as ground to suspend the to the prescribed form.
arraignment. (6) More than one offense is charged
Exception: When a single punishment for various
PENDING PETITION FOR REVIEW OF THE RESOLUTION OF offenses is prescribed by law
THE PROSECUTOR WITH THE DOJ OR OFFICE OF THE (7) Criminal action or liability has been extinguished.
PRESIDENT. (8) Averments which, if true, would constitute a legal
The accused should file a motion to suspend and to excuse or justification.
secure a ruling on his petition for review within 60 (9) Accused has been previously convicted or
days from the filing of the petition. (DOJ Circular No. acquitted of the offense charged, or the case against
70) him was dismissed or otherwise terminated without
his express consent (Double Jeopardy Rule)
Rationale: Need to observe judicial courtesy and to
avoid legal complications in case the resolution Note: Although the rule is that grounds not asserted
would be different from the offense for which the in the motion to quash are waived, the following
accused was arraigned, especially if it would upgrade objections are not subject to waiver:
the offense. (1) Facts charged do not constitute an offense
(2) Court trying the case has no jurisdiction over the
With the arraignment of the accused, the DOJ offense charged
Secretary can no longer entertain the appeal or (3) Criminal action or liability has been extinguished
petition for review because petitioner had already (4) Double jeopardy
waived or abandoned the same. [Gandarosa v. Flores,
July 17, 2007] FACTS CHARGED DO NOT CONSTITUTE AN OFFENSE
An information which does not charge an offense or
PENDING MOTION TO QUASH does not allege essential elements of a crime is void.
If petition for review is not resolved within 60 days,
court may insist on arraigning already Test: WON the facts alleged, if hypothetically
admitted, would establish the essential elements of
the offense, as defined by law without considering
matters aliunde. [People v. Romualdez (2008)]

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place where he may be found. [Parulan v. Director of


That a) the missing element may be proved during Prisons (1968)]
the trial or that b) the prosecution has presented
evidence to establish the same cannot have the effect COURT HAS NO JURISDICTION OVER THE PERSON OF THE
of validating the void information or of proving an ACCUSED
offense which does not exist. [People v. Asuncion
(1988)] How jurisdiction is acquired
(a) By arrest of the accused; or
Instead of dismissing, the court should give the (b) By his voluntary appearance in court.
prosecution an opportunity to amend the
information. [Rule 117, Sec. 4] It is waivable expressly or by implication, unlike
(a) Should the prosecutor fail to make the jurisdiction over the territory and the subject matter.
amendment or should the information suffer from
the same defect despite amendment, the MTQ shall When the accused files a MTQ based on this ground,
be granted. [Rule 117, Sec. 4] he must do so only on this ground. If he raises other
(b) When the prosecutor dismisses the case, the grounds, he is deemed to have submitted his person
prosecutor should file a valid information, not a to the jurisdiction of the court. [Sanchez v. Demetriou
petition for review for certiorari. (1993)]

The defect is not cured by a failure to move to quash When the objection is raised, the court should
or by a plea of guilty. [Suy Sui v. People (1953)] resolve it before conducting trial to avoid
unnecessary expenditure of time and money. [Mead
General Rule: In a MTQ, facts other than those v. Argel (1982)]
alleged in the complaint/information may NOT be
considered by the court. OFFICER WHO FILED INFORMATION HAD NO AUTHORITY TO
DO SO
Exceptions:
(a) Facts already admitted by the prosecution [People Authority to file and prosecute criminal cases is
v. Navarro]; vested in:
(b) Undisputed facts apparent from the records of (a) Provincial fiscals and their assistants.
the PI and not denied by the prosecutor. [Salonga (b) City fiscals and their assistants.
v. Pano (1985)] (c) Chief State Prosecutor and his deputies
(c) Undisputed or undeniable facts that destroy the (d) Other officers authorized by law (Ombudsman,
prima facie truth accorded to allegations of the COMELEC, etc.)
information. [People v. de la Rosa (1988)]
(d) ROC expressly permits the investigation of facts The prosecutor who signed the information must
alleged. [People v. Alagao (1966)] [Rule 117, Sec. have territorial jurisdiction to conduct preliminary
2(f)(h), 4 & 5] investigation of the offense. [Cudia v. CA (1998)]

COURT HAS NO JURISDICTION OVER THE OFFENSE An Information filed in the Sandiganbayan must be
CHARGED signed by a graft investigating officer with prior
Jurisdiction over the subject matter: The power to approval of the Ombudsman.
adjudge concerning the general question involved
(See Discussion on Jurisdiction) Election Offenses: Must be signed by the duly
deputized prosecutors and legal officers of the
In a criminal prosecution, the place where the offense COMELEC.
was committed not only determines venue, but is an
essential element of jurisdiction. [Rule 110, Sec. 15; Lack of authority of the officer to is not cured by
Lopez v. City Judge (1966)] silence, acquiescence, express consent or even by
amendment.
In private crimes, the complaint of the offended party
is necessary to confer authority to the court. COMPLAINT/INFORMATION DOES NOT CONFORM
SUBSTANTIALLY TO THE PRESCRIBED FORM
The court had jurisdiction over the case since, for as The formal and substantial requirements are
long as he continues to evade the service of his provided for in Rule 110, Sec. 6-12.
sentence, he is deemed to continue committing the
crime, and may be arrested without warrant at any

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General Rule: Lack of substantial compliance renders


the accusatory pleading nugatory. Protection from prosecution under a statute of
limitation is a substantive right. [People v.
Exception: Mere defects in matter of form may be Sandiganbayan (1992)]
cured by amendment.
Objections not raised are deemed waived, and the CONTAINS AVERMENTS WHICH, IF TRUE, WOULD
accused cannot seek affirmative relief on such CONSTITUTE A LEGAL EXCUSE OR JUSTIFICATION
ground nor raise it for the first time on appeal.
[People v. Garcia (1997)] Justifying Circumstances [Art 11, RPC]

Vague or broad allegations are generally not Exempting Circumstances [Art 12, RPC]
grounds for a MTQ. The correct remedy is to file for a
bill of particulars. [Rule 116, Sec. 9] DISTINGUISH FROM DEMURRER TO EVIDENCE
Motion to Quash Demurrer to Evidence
MORE THAN ONE OFFENSE IS CHARGED
General Rule: The complaint or information must Filed before entering plea Filed after the prosecution
charge only one offense. [Rule 110, Sec. 13] has rested its case
Does not go into the Based upon the
Exception: Those cases in which existing laws merits of the case inadequacy of the
prescribe a single punishment for various offenses. evidence adduced by the
(a) Complex and compound crimes, EXCEPT where prosecution
one offense was committed to conceal another.
(b) An offense INCIDENTAL to the gravamen of the Grounds are stated in Ground is “insufficiency of
offense charged. Rule 117 evidence” to convict
(c) A specific crime set forth in various counts, each Does not require a prior May be filed either with
of which may constitute a distinct offense. The leave of court leave or without leave of
narration of the specific of the specific acts is court
considered a bill of particular of facts upon which the
inference of guilt of the accused may be based Granting does not Granting is deemed an
[People v. Yap (1968)] necessarily follow a acquittal and would
dismissal (Court may preclude the filing of
This ground is waivable. The accused may be order the filing of a new another information or
convicted of all the offenses alleged and proved if he complaint or information) appeal by the prosecution
goes to trial without objecting to the inclusion of 2 or If the court, in denying the The order denying the
more separate offenses in the same information. motion to quash acts with motion for leave to file a
[People v. Villamor (1998)] grave abuse of discretion, demurrer “shall not be
then certiorari or reviewable by appeal or
If the criminal acts are committed on different prohibition lies by certiorari before
occasions, each constitutes a separate offense. judgment”

CRIMINAL ACTION OR LIABILITY HAS BEEN EXTINGUISHED If the court denies the
demurrer to evidence filed
How criminal liability is extinguished with leave of court, the
(a) Death of the accused - Liability for pecuniary accused may adduce
penalties is extinguished only if death occurs evidence in his defense.
before final judgment. When the demurrer is
(b) Service of Sentence - Execution must be by virtue filed without leave, the
of a final judgment and in the form prescribed by accused waives the right
law. to present evidence and
(c) Amnesty submits the case for
(d) Absolute pardon judgment [Sec. 23, Rule
(e) Prescription of the crime 119]
(f) Prescription of the penalty
(g) Pardon in private offenses

Enjoyment of an accrued right cannot forever be left


on a precarious balance. [People v. Reyes (1989)]

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EFFECTS OF SUSTAINING THE MOTION TO Consequence:


QUASH Consequence:
(Prosecution): Amend
Court order sustaining motion Arraignment
information if possible
General Rule: Court may order that another
complaint or information be filed. [Rule 117, Sec. 5] Note: The remedy for an order denying a MTQ is to
go to trial, without prejudice to reiterating the special
Exception: If MTQ was based on the following: defenses invoked in their MTQ. [Serana v.
(1) Criminal action or liability has been extinguished Sandiganbayan (2008)] However, if the court in
(2) Double jeopardy denying the motion to quash acts without or in
excess of jurisdiction or with grave abuse of
General Rule: If in custody, the accused shall not be discretion, then certiorari or prohibition lies. [Lazarte
discharged unless admitted to bail. [Rule 117, Sec. 5] v. Sandiganbayan; Javier v. Sandiganbayan (2009)]
The order must state either release of the accused or
cancellation of his bond. EXCEPTION TO THE RULE THAT SUSTAINING
THE MOTION IS NOT A BAR TO ANOTHER
Exception: When there is no order sustaining the PROSECUTION (BAR 1994)
motion is made OR if there is one, no new General Rule: A MTQ will not be a bar to another
information is filed within the time specified in the prosecution for the same offense. [Rule 117, Sec. 6]
order or within such further time as the court may
allow for good cause. Exception: If the ground for the quashal is either:
(1) The criminal action or liability has been
Exception to the exception: If he is in custody for extinguished; OR
another charge. (2) The accused has been previously convicted, or in
jeopardy of being convicted, or acquitted of the
Remedies of the prosecution offense charged.
General Rule: To amend the information to correct
the defects if the TC makes the order, and thereafter DOUBLE JEOPARDY
prosecute on the basis of the amended information. The right against double jeopardy prohibits the
[Rule 117, Sec. 4] prosecution for a crime of which he has been
previously convicted or acquitted [Caes v. IAC, 179
Exception: Prosecution is precluded where the SCRA 54]
ground for quashal would bar another prosecution
for the same offense. RULE OF DOUBLE JEOPARDY
When a person is charged with an offense and the
Prosecution may appeal from the order of quashal to case is terminated either by acquittal or conviction or
the appellate court. in any other manner without the express consent of
the accused, the latter cannot again be charged with
If the information was quashed because it did not the same or identical offense. [Rule 117, Sec. 3(i)]
allege the elements of the offense, but the facts so
alleged constitute another offense under a specific KINDS OF DOUBLE JEOPARDY [Art III, Sec. 21, Consti]
statute, the prosecution may file a complaint for (1) No person shall be put twice in jeopardy for the
such specific offense where dismissal is made prior SAME OFFENSE.
to arraignment and on MTQ. [People v. Purisima (2) When an act punished by a law and an ordinance,
(1978)] conviction or acquittal under either shall be a bar to
another prosecution for the SAME ACT.
Order denying MTQ Order granting MTQ
SAME OFFENSE
Interlocutory Final Order The offenses are penalized either by different
Not appealable absent a sections of the same law or by different statutes.
Immediately appealable Must examine the essential elements of each:
showing of GAD. If there
but subject to rules on
is GAD, then file petition
double jeopardy Test: WON evidence that proves one offense would
for certiorari
likewise prove the other. [People v. Ramos (1961)]
Does not dispose of the Disposes of the case upon
case upon its merits its merits It is not necessary to have absolute identity. [People
Proper remedy: appeal Proper remedy: appeal v. Relova (1987)]
after the trial the order

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SAME ACT
An offense penalized by ordinance is, by definition, DISMISSAL = ACQUITTAL
different from an offense penalized under a statute. (a) Demurrer to evidence
Hence, they would never constitute double jeopardy. (b) Dismissal due to violation of right to speedy trial
However, the second sentence of the constitutional (even if dismissal was upon motion of the
protection was precisely intended to extend to accused or with his express consent)
situations not covered by the first sentence. Although
the prior offense charged under an ordinance be DISMISSAL VS. ACQUITTAL
different from the offense charged under a national Dismissal Acquittal
statute, the constitutional protection is available
provided that both arise from the same act or set of Does not decide the case Always based on the
acts. [People v. Relova (1987)] on the merits. Does not merits. Defendant’s guilt
determine innocence or was not proven beyond
Liability is produced both under an ordinance and a guilt reasonable doubt.
national statute.
Double jeopardy will not Double jeopardy always
always attach attaches
REQUISITES TO SUCCESSFULLY INVOKE DOUBLE JEOPARDY
(a) A first jeopardy must have attached;
(b) The first jeopardy must have been validly
terminated; and Tests for determining whether the two offenses are
(c) The second jeopardy must be for the same identical: There is IDENTITY between the two
offense OR the second offense necessarily offenses not only when the second offense is exactly
includes or is necessarily included in the offense the same as the first, but also when the second
charged in the first information, or is an attempt offense is an attempt to or frustration of or is
to commit the same or a frustration thereof necessarily included in the offense charged in the
[People v. Espinosa, 409 SCRA 256] first information.

REQUISITES FOR FIRST JEOPARDY TO ATTACH Exception to the Identity Rule:


(a) The accused has been convicted/acquitted, OR (1) The graver offense developed due to supervening
the case against him was dismissed/terminated facts arising from the same act or omission
without his express consent; constituting the former charge.
(b) That the conviction, acquittal or dismissal was (2) The facts constituting the graver charge became
made by the court with competent jurisdiction; known or were discovered only after a plea was
(c) There is a valid complaint or information or other entered in the former complaint or information.
formal charge is sufficient in form and substance (3) The plea of guilty to the lesser offense was made
to sustain conviction; without the consent of the prosecutor and of the
(d) The accused pleaded to the charge. [Riano, citing offended party EXCEPT when offended party
several cases People v. Honrales (2010)] failed to appear during such arraignment.

Exception: A dictated, coerced and scripted verdict of PROVISIONAL DISMISSAL (BAR 2003) [SEC. 8,
acquittal is a void judgment. It neither binds nor bars RULE 117]
anyone. [Galman v. Sandiganbayan (1986)]
DEFINITION
“WITHOUT EXPRESS CONSENT” A case is dismissed without prejudice to its being
It refers only to dismissal or termination of the case. refiled or revived.
It does NOT refer to the conviction or acquittal.
[People v. Labatete (1960)] Rule: Cases are provisionally dismissed where there
has already been arraignment and the accused
If consent is not express, dismissal will be regarded consented to a provisional dismissal.
as final – i.e. with prejudice to refilling. [Caes v. IAC
(1989)] Grounds for provisional dismissal
Section 8 does not state the grounds for provisional
Exception: Dismissal has the effect of acquittal even dismissal. However, according to the case of Los
with the consent of the accused when predicated on Baños v. Pedro (2007), the delimitation of the
(1) insufficiency of the prosecution’s evidence or (2) grounds available in a MTQ suggests that where the
denial of the right to a speedy trial. [Alamario v. CA grounds cited are those listed under Section 3, then
(2001)] the appropriate remedy is to file a motion to quash,

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and not any other remedy. Conversely, where a (3) Notice to the offended party
ground does not appear under Section 3, then a
motion to quash is not a proper remedy. A motion
for provisional dismissal may then apply if the
conditions required by Section 8 obtain.
Pre-trial
WHEN DISMISSAL BECOMES PERMANENT: TIME BAR RULE
(a) One year after issuance of the order without the JUDICIAL AFFIDAVIT RULE (A.M. No. 12-8-8-SC):
case having been revived for offenses punishable: Sec. 9: Application of rule to criminal actions. –
[Rule 117, Sec. 8]
(1) By imprisonment not exceeding 6 yrs (a) This rule shall apply to all criminal actions:
(2) By fine of any amount (1) Where the maximum of the imposable penalty
(3) By both does not exceed six years;
(b) 2 yrs after issuance of the order without the case (2) Where the accused agrees to the use of
having been revived for offenses punishable by judicial affidavits, irrespective of the penalty
imprisonment of more than 6 yrs. involved; or
(c) The State may revive beyond the periods provided (3) With respect to the civil aspect of the actions,
there is a justifiable necessity for the delay. whatever the penalties involved are.
(d) The Court is not mandated to apply Sec. 8 (b) The prosecution shall submit the judicial
retroactively simply because it is favorable to the affidavits of its witnesses not later than five days
accused. The time-bar under the new rule was before the pre-trial, serving copies if the same
fixed for the benefit of the State and the accused, upon the accused. The complainant or public
and not for the accused only. [People v. Lacson prosecutor shall attach to the affidavits such
(2003)] documentary or object evidence as he may have,
marking them as Exhibits A, B, C, and so on. No
Conditions sine qua non to the application of the further judicial affidavit, documentary, or object
time-bar rule: evidence shall be admitted at the trial.
(a) The prosecution with the express conformity of (c) If the accused desires to be heard on his defense
the accused OR the accused moves for the after receipt of the judicial affidavits of the
provisional (sin perjucio) dismissal of the case; OR prosecution, he shall have the option to submit
both the prosecution and the accused move for a his judicial affidavit as well as those of his
provisional dismissal of the case; witnesses to the court within ten days from
(b) The offended party is notified of the motion for receipt of such affidavits and serve a copy of each
the provisional dismissal of the case on the public and private prosecutor, including
(c) The court issues an order granting the motion and his documentary and object evidence previously
dismissing the case provisionally; marked as Exhibits 1, 2, 3, and so on. These
(d) The public prosecutor is served with a copy of the affidavits shall serve as direct testimonies of the
order of provisional dismissal of the case. [People v. accused and his witnesses when they appear
Lacson (2003)] before the court to testify.

HOW TO REVIVE A CASE: MATTERS TO BE CONSIDERED DURING PRE-


(1) Refiling of the information TRIAL
(2) Filing of a new information for the same offense
or one necessarily included in the original offense Section 1. Pre-trial; mandatory in criminal cases
charged. Pre-trial is MANDATORY in all criminal cases. Its
main objective is to achieve an expeditious resolution
REQUISITE PROCEDURE [RULE 117, SEC. 8] of the case.
Motion can be made:
(1) By the prosecution, with the express conformity of COVERAGE [RULE 118, SEC. 1]
the accused The court shall order pre-trial in ALL criminal cases
(2) By the accused cognizable by the Sandiganbayan, RTC and MTC or
(3) By both MTCC or MCTC or MeTC.

Requisites for Provisional Dismissal (See Conditions PERIOD [RULE 118, SEC. 1]
sine qua non for time-bar rule): General Rule: After arraignment and within 30 days
(1) Consent of the prosecutor from the time the court acquires jurisdiction over the
(2) Consent of the accused person of the accused.

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multi-count indictment in return for a lighter


Exception: If a shorter period is provided by special or sentence than that for the graver charge. [People v.
SC circulars. Mamarion (2003)]

THINGS CONSIDERED DURING PRE-TRIAL / PURPOSES The conviction of the accused of the lesser offense
[RULE 118, SEC. 1] precludes the filing and prosecution of the offense
(a) Plea bargaining originally charged in the information, EXCEPT when
(b) Stipulation of facts the plea of guilty to a lesser offense is without the
(c) Marking for identification of evidence consent of the offended party and the prosecutor.
(d) Waiver of objections to admissibility of evidence [People v. De Luna (1989); Rule 117, Sec. 7 (c)]
(e) Modification of the order of trial if accused admits
the charge but interposes a lawful defense Rule 116, Section 2: Plea of guilty to a lesser offense. —
(reverse trial) At arraignment, the accused, with the consent of the
(f) Other matters that will promote a fair and offended party and the prosecutor, may be allowed
expeditious trial of the civil and criminal aspects by the trial court to plead guilty to a lesser offense
of the case which is necessarily included in the offense charged.
After arraignment but before trial, the accused may
ROLE OF THE JUDGE still be allowed to plead guilty to said lesser offense
During the pre-trial, the judge shall be the one to ask after withdrawing his plea of not guilty. No
questions on issues raised therein and all questions amendment of the complaint or information is
must be directed to him to avoid hostilities between necessary.
the parties. [SC AM 03-1-09-SC]
EFFECT WHEN THE PROSECUTION AND THE OFFENDED
STIPULATION OF FACTS
PARTY AGREE TO THE PLEA OFFERED BY THE ACCUSED
This is no longer prohibited in criminal cases. [People The Court shall:
vs Hernandez (1996)] (a) Issue an order which contains the plea bargaining
arrived at;
However, in a case of rape with the allegation that (b) Proceed to receive evidence on the civil aspect of
victim is below 12 yrs of age which qualifies said the case; and
crime and increases its penalty to death, nothing (c) Render and promulgate judgment of conviction,
short of proof beyond reasonable doubt of every fact including the civil liability or damages duly
necessary to constitute the elements of the crime established by the evidence [SC AM 03-1-09-SC]
must be established. Circumstances that qualify a
crime and increases its penalty to death cannot be PRE-TRIAL AGREEMENT
the subject of stipulation. [People vs Sitao (2002)]
FORM
MARKING FOR IDENTIFICATION OF THE EVIDENCE OF
General Rule: Court approval is required.
PARTIES
Proffer of exhibits is not allowed. It ought to be done Exception: Agreements not covering matters referred
at the time a party closes the presentation of to in Rule 118, Sec. 1. [SC A.M. No. 03-1-09-SC]
evidence.
REQUIRED FORM OF PRE-TRIAL AGREEMENT
WHAT THE COURT SHOULD DO WHEN (1) Must be in writing
PROSECUTION AND OFFENDED PARTY AGREE (2) Signed by the accused
TO THE PLEA OFFERED BY THE ACCUSED (3) Signed by his counsel
PLEA BARGAINING
If this is not followed, the admissions cannot be used
It is the process in criminal process whereby the 1) against the accused (i.e. inadmissible in evidence).
accused, 2) offended party, and the 3) prosecution The constitutional right to present evidence is waived
work out a mutually satisfactory disposition of the expressly.
case subject to court approval. [See also DOJ Circular
No. 35 (June 31, 1990), as amended by Circular No. 55 EFFECT
for the guidelines on plea bargaining as well as note The stipulations become binding on the parties who
on Rule 116] made them. They become judicial admissions of the
fact or facts stipulated. (2008 Bar)
It usually involves the defendant’s pleading guilty to
a lesser offense or to one or some of the counts of a

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Even if placed at a disadvantageous position, a party (b) Limits the trial to those matters not disposed of
may not be allowed to rescind them unilaterally; he (c) Control the course of the action during trial
must assume the consequences of the disadvantage. Exception: If modified by the court to prevent
[Bayas vs Sandiganbayan (2002)] manifest injustice.

NON-APPEARANCE DURING PRE-TRIAL [RULE REFERRAL OF SOME CASES FOR COURT


118, SEC. 3] ANNEXED MEDIATION AND JUDICIAL DIPUTE
The court may impose proper sanctions or penalties RESOLUTION
(reprimand, fine or imprisonment), if counsel for the
accused or the prosecutor: A.M. No. 03-1-09-SC
(1) does not appear at the pre-trial conference; and RE: PROPOSED RULE ON GUIDELINES TO BE
(2) does not offer an acceptable excuse, OBSERVED BY TRIAL COURT JUDGES AND CLERKS
OF COURT IN THE CONDUCT OF PRE- TRIAL AND
Rationale: to enforce the mandatory requirement of USE OF DEPOSITION-DISCOVERY MEASURES
pre-trial in criminal cases. [Rule 118, Sec. 1] RESOLUTION

Note: The accused is not included because his CRIMINAL CASES


constitutional right to remain silent may be violated. After the arraignment, the court shall forthwith set
The accused is not required to attend (unless the pre-trial conference within thirty days from the
ordered by the court) and is merely required to sign date of arraignment, and issue an order:
the written agreement arrived at in the pre-trial (a) Requiring the private offended party to appear
conference, if he agrees to the contents of such. thereat for purposes of plea-bargaining except
for violations of the Comprehensive Dangerous
Complainant is also not required to appear during Drugs Act of 2002, and for other matters
pre-trial. It is the prosecutor who is required to requiring his presence;
appear at the pre-trial. (b) Referring the case to the Branch COC, if
warranted, for a preliminary conference to be set
PRE-TRIAL ORDER [RULE 118, SEC. 4] at least three days prior to the pre-trial to mark
ISSUANCE the documents or exhibits to be presented by
(a) Issued by the court the parties and copies thereof to be attached to
(b) Within 10 days after the pre-trial. [SC AM 03-1- the records after comparison and to consider
09-SC] other matters as may aid in its prompt
(c) Judgment of acquittal based on pre-trial despite disposition; and
disputed documents and issues of fact amounts to (c) Informing the parties that no evidence shall be
grave error and renders the judgment void. allowed to be presented and offered during the
[People vs Santiago (1989)] trial other than those identified and marked
during the pre-trial except when allowed by the
CONTENTS court for good cause shown. In mediatable
(a) Actions taken; cases, the judge shall refer the parties and their
(b) Facts stipulated; counsel to the PMC unit for purposes of
(c) Evidence marked; mediation if available.
(d) Admissions made;
(e) The number of witnesses to be presented; and
(f) The schedule of trial.

Note: Letters (d) to (f) are added by SC AM 03-1-09- Trial


SC to the requirements under Rule 118, Sec. 4
INSTANCES WHEN PRESENCE OF ACCUSED IS
EFFECT REQUIRED BY LAW
(a) Binds the Parties
PRESENCE IS MANDATORY:
The procedure is substantially the same in civil (a) During trial, for purposes of identification;
cases, except that any modification of the pre- (b) At arraignment; [Rule 116, Sec. 1(b)]
trial order in civil cases must be made before the (c) At the promulgation of judgment;
trial. No such limitation is provided for in criminal Exception: If the conviction is for a light offense.
cases. (1997 Bar) [Rule 120, Sec. 6]

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REQUISITES BEFORE TRIAL CAN BE waiver. The statement taken may be admitted in
SUSPENDED ON ACCOUNT OF ABSENCE OF behalf of or against the accused.
WITNESS
(a) The witness must be either absent or unavailable TRIAL IN ABSENTIA (1998 BAR)
(b) The absent or unavailable witness must be REQUISITES
essential [Riano] (1) Accused has been arraigned;
(2) He was duly notified of trial;
ABSENCE OR UNAVAILABILITY OF AN ESSENTIAL WITNESS (3) His failure to appear is unjustified.
“Absent” means that his whereabouts are unknown
or cannot be determined by due diligence. Purpose: To speed up disposition of cases.

“Unavailable” means that his whereabouts are General rule: The right to be present at one’s trial
known but presence for trial cannot be obtained by may be waived.
due diligence.
Exceptions: At certain stages: [Lavides v. CA (2000)]
Essential witness: ‘indispensible,’ ‘necessary,’ or (a) Arraignment and plea
‘important in the highest degree’ [Black’s Law (b) Promulgation of sentence, unless for light offense
Dictionary] (c) During trial whenever necessary for ID purposes
Exception to the ID purposes exception: If the
The period of delay resulting from the absence or accused unqualifiedly admits in open court
unavailability of an essential witness shall be after arraignment that he is the person
excluded in computing the time within which trial named as the defendant in the case on trial.
must commence. [Rule 119, Sec. 3]
REMEDY WHEN ACCUSED IS NOT BROUGHT TO
However, in any case in which: TRIAL WITHIN THE PRESCRIBED PERIOD
(1) Counsel for the accused, the public prosecution or
public attorney, EFFECT OF DELAY [RULE 119, SEC. 9]
(2) KNOWINGLY allows the case to be set for trial On motion of the accused, the information may be
WITHOUT disclosing the fact that a necessary dismissed on the ground of denial of his right to
witness would be unavailable for trial OR speedy trial. (2007 Bar)
otherwise willfully fails to proceed to trial without
justification consistent with the provisions of this Factors to consider: (a) duration of the delay; (b)
Act, reason therefor; (c) assertion of the right or failure to
assert it; and (d) prejudice caused by such delay.
The court may, without prejudice to any appropriate [Mari and People v. Hon. Gonzales (2011)]
criminal and/or administrative charges to be
instituted by the proper party against the erring Must be raised prior to trial; otherwise, the right to
counsel if and when warranted, punish any such dismiss is considered waived under Rule 119, section
counsel or attorney. (Speedy Trial Act) 9.

CONDITIONAL EXAMINATION [RULE 119, SEC. 15] Burden of Proof


When it satisfactorily appears that a witness for the (a) The accused has the burden of proving the
prosecution is too sick or infirm to appear at the trial ground of denial of right to speedy trial for the
as directed by the court, or has to leave the motion.
Philippines with no definite date of returning, he may (b) The prosecution has the burden of going forward
forthwith be conditionally examined before the court with the evidence to establish the exclusion of
where the case is pending. time under Rule 119, Sec. 3.

Such examination, in the presence of the accused, or Subject to the rules on double jeopardy. Hence, if
in his absence after reasonable notice to attend the with prejudice, the case cannot be revived anymore.
examination has been served on him, shall be
conducted in the same manner as an examination at REQUISITES FOR DISCHARGE OF ACCUSED TO
the trial. BECOME A STATE WITNESS

DISCHARGE OF A CO-ACCUSED
Failure or refusal of the accused to attend the
examination after notice shall be considered a General rule: It is the duty of the prosecutor to include
all the accused in the complaint/information.

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Exception: Prosecutor may ask the court to discharge


one of them after complying with the conditions Conviction of the accused against whom discharged
prescribed by law. [Rule 119, Sec. 17] This applies only state witness testified is NOT required.
when the information has already been filed in court.
Subsequent amendment of the information does not
REQUISITES [RULE 119, SEC. 17] affect discharge. [People v. Taruc (1962)]
(1) Two or more persons are jointly charged with the
commission of any offense. DEMURRER TO EVIDENCE (1998, 2001, 2004
(2) Upon motion of the prosecution before resting its BAR)
case
Petition for discharge is filed before the defense has DEFINITION
offered its evidence. [People v. Aniňon (1988)] Objection by one of the parties to the effect that the
(3) Hearing in support of the discharge where the evidence which his adversary produced is insufficient
prosecution is to present evidence and the sworn in point of law, whether true or not, to make out a
statement of each proposed state witness. case or sustain the issue. [Gutib v. CA (1999)]
(4) The court is satisfied of the following:
(a) Absolute necessity for the testimony of the General Rule: An order granting the accused’s
accused whose discharge is requested; demurrer to evidence amounts to an acquittal.

He alone has the knowledge of the crime, and Exception: When there is a finding that there was
not when his testimony would simply grave abuse of discretion on the part of the trial court
corroborate or strengthen the evidence in the in dismissing a criminal case by granting the
hands of the prosecution. [Flores v. accused’s demurrer to evidence. [Hon. Mupas v.
Sandiganbayan (1983)] People (2011)]

(b) There is no other direct evidence available for The order granting the demurrer is not appealable
the proper prosecution of the offense, except but may be reviewed via certiorari (Rule 65). [People
the testimony of the said accused; v. Sandiganbayan, Marcos, et al. (2012)]
(c) The testimony can be substantially
corroborated in its material points; Purpose: to prevent the filing of demurrer based on
(d) The accused does not appear to be the most frivolous and flimsy grounds.
guilty;
(e) The accused has not, at any time, been HOW INITIATED [RULE 119, SEC. 23]
convicted of any offense involving moral By the court motu proprio, after giving the
turpitude prosecution the opportunity to be heard;
Upon demurrer to evidence filed by the accused:
Note: The evidence adduced in support of the (a) With leave of court;
discharge shall automatically form part of the trial. (b) Without leave of court.

EFFECTS OF DISCHARGE OF ACCUSED AS STATE MOTION FOR LEAVE TO FILE DEMURRER [RULE 119, SEC.
WITNESS 23]
(a) It must specifically state its grounds.
EFFECT OF DISCHARGE (b) It must be filed within a non-extendible period of
General rule: The order of discharge shall: [Rule 119, 5 days after the prosecution rests (i.e. after the
Sec. 18] court shall have ruled on the prosecution’s formal
(a) Amount to an acquittal of the discharged offer). Prosecution may then oppose within a
accused; non-extendible period of 5 days from receipt.
(b) Bar future prosecutions for the same offense. (c) If leave of court is granted, the demurrer must be
filed within a non-extendible period of 10 days
Exception: If the accused fails/refuses to testify from notice. Prosecution may oppose within a
against his co-accused in accordance with his sworn similar period.
statement constituting the basis for his discharge.
EFFECT OF GRANTING DEMURRER
Any error in asking for and in granting the discharge The court dismisses the action on the ground of
cannot deprive the discharged of the acquittal and insufficiency of evidence. [Rule 119, Sec. 23]
the constitutional guaranty against double jeopardy.
[People v. Verceles (2002)]

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Sufficient evidence for frustrating a demurrer is


evidence that proves: [Gutib v. CA (1999)] Judgment
(a) Commission; and
(b) Precise degree of participation. REQUISITES OF A JUDGMENT

EFFECT OF DENIAL OF MOTION FOR LEAVE TO FILE FORM [RULE 120, SEC. 1]
DEMURRER (a) Written in official language.
(a) Accused should choose to insist on filing
demurrer even without leave (see consequences If given verbally, it is incomplete. [People v.
below) OR to present evidence for his defense Catolico (1972)]
(b) Order denying the motion for leave or order
denying the demurrer itself, is not reviewable by (b) Personally and directly prepared by the judge.
appeal or by certiorari before judgment. [Rule (c) Signed by the judge.
119, Sec. 23]
(c) It is interlocutory, but it may be assigned as error The judge who presided over the entire trial
and reviewed in the appeal that may be taken would be in a better position to ascertain the
from the decision on the merits [Cruz v. People truth or falsity of the testimonies.
(1999)]
But the judge who only took over can render a
RIGHT OF THE ACCUSED TO PRESENT EVIDENCE AFTER valid decision by relying on the transcript. It does
DEMURRER IS DENIED [RULE 119, SEC. 23] not violate due process. [People v. Badon (1999)]

(d) Contains clearly and distinctly a statement of


Filed with Leave of Court Filed without Leave of Court facts proved and the law upon which judgment is
May adduce evidence Waives the right to present based.
in his defense evidence
There is sufficient compliance if the decision
Purpose: To determine Submits the case for summarizes the evidence of both parties,
WON demurrer was judgment on the basis of the synthesizes the findings and concisely narrates
filed merely to stall the evidence for the prosecution how the offense was committed.
proceedings
Implied leave of court If there are 2 or more accused Failure on the part of the TC to make a finding of
is no longer sufficient and only one presents a fact is a revocable error.
and prevents accused demurrer without leave of
from presenting court, JUDGE WHO PENNED THE DECISION NEED NOT BE THE ONE
evidence [e.g. accused WHO HEARD THE CASE
files motion with General rule: The court may The fact alone that the judge who heard the evidence
reservation to present defer resolution until decision was not the one who rendered the judgment but
evidence in case is rendered on the other merely relied on the record of the case does not
motion is denied] accused render his judgment erroneous or irregular,
especially when the evidence on record is sufficient
Exception: If it can be shown to support its conclusion. [People v. Alfredo (2010)]
from the decision that the
resolution on the demurrer CONTENTS OF JUDGMENT
was rendered not only on the
basis of the prosecution’s CONVICTION [SEC. 2, RULE 119]
evidence but also on the The judgment of conviction shall state:
evidence adduced by his co- (1) The legal qualification of the offense constituted
accused by the acts committed by the accused and the
aggravating/mitigating circumstances which
attended its commission.
(2) The participation of the accused in the offense,
whether as principal, accomplice or accessory
after the fact.
(3) The penalty imposed upon the accused.
The penalty should not be imposed in the
alternative. There should be no doubt as to the

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offense committed and the penalty for it. Exception: He can be convicted of an offense proved
(4) The civil liability or damages caused by his provided it is included in the charge, or of an offense
wrongful act/omission to be recovered from the charged which is included in that which is proved.
accused by the offended party, if there is any, [Rule 120, Sec. 4]
unless the enforcement of the civil liability by a (a) The accused can be convicted of an offense only
separate civil action has been reserved/waived. when it is both charged and proven.
(b) The mere fact that the evidence presented would
Proof Beyond Reasonable Doubt indicate that a lesser offense outside the court’s
Degree of proof which produces conviction in an jurisdiction was committed does not deprive the
unprejudiced mind. [People v. Bacalzo (1991)] court of its jurisdiction, which had vested in it
under the allegations in the information.
Judgment for two or more offenses [Sec. 3, Rule 120]
General Rule: Complaint/information must charge Exception to the exception: Where there are facts that
only one offense [Sec. 13, Rule 110] supervened after the filing of the information which
Exception: Cases in which existing laws prescribe a change the nature of the offense.
single punishment for various offenses [Sec. 13, Rule
110] When an offense includes or is included in another
[Rule 120, Sec. 5]
General Rule: Duplicitous information is subject to a The offense charged necessarily includes the offense
motion to quash [Sec. 3(f), Rule 117] proved when some of the essential
Exception: Defect is waived when accused fails to elements/ingredients of the former, as alleged in the
move for quashal. complaint/information, constitute the latter.

THUS, where the accused fails to object to 2 or more An offense charged is necessarily included in the
offenses charged in a single information/complaint offense proved when the essential ingredients of the
before trial, the court may: former constitute or form part of those constituting
(a) Convict him of as many offenses as are charged the latter.
and proved; and
Effect
Exception: One of the offenses has been a The accused shall be convicted of: [Rule 120, Sec. 4]
necessary means for committing the other (1) The offense proved which is included in the
offense and where both have been the result of a offense charged; or
single act. (2) The offense charged which is included in the
offense proved
(b) Impose on him the penalty for each offense,
setting out separately the findings of fact and law The right to be informed of the charges has not been
in each offense. violated because where an accused is charged with a
specific crime, he is duly informed also of lesser
Exception: Maximum duration of offense: Follow crimes/offenses included therein. [People v. Villamar
the three-fold rule on the service of penalty. (1998)]

Judgment in case of variance between allegation and Where a complex crime is charged and the evidence
proof [Sec. 4, Rule 120] fails to support the charge as to one of the
General rule: The defendant can be convicted only of component offenses, the accused can be convicted of
the crime with which he is charged. the one which is proven.

Rationale: He has the right to be informed of the State liability for unjust conviction
nature of the offense with which he is charged before The DOJ Board of Claims is authorized to
he is put on trial. [People v. Guevarra] receive/evaluate/process/investigate claims of
victims of unjust imprisonment/detention and
However, minor variance between the information victims of violent crimes. [RA 7309]
and the evidence:
(a) Does not alter the nature of the offense; Requirements for compensation:
(b) Does not determine or qualify the crime or (1) Unjust accusation;
penalty; (2) Unjust conviction; and
(c) Cannot be ground for acquittal. It is the same as knowingly rendering an unjust
judgment - It is contrary to law or is not

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supported by the evidence and the same is The Court may hold accused civilly liable even when
made with conscious and deliberate intent to do it acquits him. Acquittal extinguishes civil liability
an injustice. [Art. 204, RPC] only when the judgment includes a declaration that
(3) Unjust imprisonment. the facts from which the civil liability might arise did
not exist.
ACQUITTAL (a) The court may nonetheless hold the accused
Definition civilly liable in favor of the offended party, or it
A finding of not guilty based on the merits, either: may deny the award of civil damages expressly or
(a) The evidence does not show that his guilt is impliedly by being silent on the matter.
beyond reasonable doubt; or (b) The losing party may appeal the ruling on the civil
(b) A dismissal of the case after the prosecution has liability, as in any other ordinary appeal, in his
rested its case and upon motion of the accused name and not in the name of the People
on the ground that the evidence fails to show The Judge acquitting an accused cannot punish him
beyond doubt that accused is guilty. at the same time.

Reasonable Doubt PROMULGATION OF JUDGMENT; INSTANCES OF


Doubt engendered by an investigation of the whole PROMULGATION OF JUDGMENT IN ABSENTIA
proof and an inability, after such investigation, to let (1997 BAR)
the mind rest upon the certainty of guilt.
PROMULGATION

Acquittal [Rule 120] Dismissal [Rule 117] An official proclamation or announcement of a


judgment or order.
Terminates the case
Requisites for the valid promulgation of a court
Decision on the merits Not on the merits but no decision:
based on a finding that finding that accused is not
(1) There must be a judge or judges legally
the accused is not guilty guilty
appointed or elected and actually acting
either de jure or de facto, and
The judgment shall state whether:
(1) The evidence of the prosecution absolutely failed
(2) The said judgment must be duly signed and
to prove the guilt of the accused; or promulgated during the incumbency of the
(2) It merely failed to prove his guilt beyond judge who signed it. [Miguel v Municipal Trial
reasonable doubt. Court (1986)]

In either case, the judgment shall determine if the Judgment/sentence does not become a
act or omission from which the civil liability might judgment/sentence in law until it is:
arise did not exist [Sec. 2, Rule 120] (1) Read and announced to the defendant; or
(2) Has become a part of the record of the court. [US
Number 2 does not extinguish the civil liability v. CFI of Manila, 24 Phil 321]
arising from his acts, since the civil liability arose not
from a crime but from the damage caused by such Where there is no promulgation of judgment, no
acts, which can be proven by a lower quantum of right to appeal accrues.
evidence.
NOTICE FOR PROMULGATION
General rule: The court has authority to express Clerk of Court gives notice to accused personally or
disapproval of certain acts even if judgment is for through bondsman or warden and counsel.
acquittal.
If the accused jumps bail or escapes from prison and
Exception: The court is not permitted to censure the was tried in absentia, notice will be served in last
accused in a judgment for acquittal – no matter how known address. [Rule 120, Sec. 6]
light, a censure is still a punishment.
Sin perjuicio judgment
Acquittal based on reasonable ground does not bar A judgment without a statement of the facts in
a separate civil action based on quasi-delict. [Lontoc support of its conclusion to be later supplemented
v. MD Transit (1988)] by the final judgment. [Dizon v. Lopez (1997)]

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Merely reading the dispositive portion of the decision Promulgation when accused is confined/detained in
is not sufficient. another city

Judgment must state the facts and the law on which It will be done in the RTC who has jurisdiction over
it is based. the place of confinement. In this case, the court
While SC has expressed approval of the practice of promulgating the judgment shall have authority to
some judges withholding the dispositive portion from accept notice of appeal and to approve the bail bond
their opinions until the very last moment of pending appeal. [Sec. 6, Rule 120]
promulgation in order to prevent leakage, such refers
to the preparation of the decision and not to Failure to appear at the scheduled date of
promulgation. promulgation

There is no more reason to keep it a secret at the Promulgation is made by recording the judgment in
stage of promulgation. the criminal docket and serving a copy at the
accused’s last known address or through counsel.
(a) Promulgation where judge is absent [Rule 120, [Sec. 6, Rule 120]
Sec. 6]
Promulgation date where judge no longer a judge is
The judgment may be promulgated by the clerk void.
of court when the judge is absent or outside the
province or city. If at the time of the promulgation, the judge penning
the decision has ceased being a judge of the court,
(b) Presence of accused required; exception [Rule 120, the decision would not be an act of the court. [People
Sec. 6] v. Dimalanta]

General rule: Presence of the accused is mandatory. Promulgation by a succeeding judge produces no
Exception: Convictions for light offenses. legal effect since it cannot restore validity to a
Conviction for light He may appear through document already void.
offense counsel/representative
To prevent subversion of WHEN DOES JUDGMENT BECOME FINAL [RULE
Promulgation in 120, SEC. 7]
judicial process and enable
absentia
enforcement of civil liability
No appeal is necessary; JUDGMENT BECOMES FINAL:
judgment is final and (1) After the lapse of the period for perfecting an
executory. appeal;
Note the old rule that (2) When the sentence has been partially/totally
Verdict of acquittal satisfied or served;
presence of the accused
during promulgation of (3) The accused has expressly waived in writing his
judgment is required only in right to appeal, or
case of conviction (4) When the accused applies for probation, and
thereby waives right to appeal.
If the judgment is for conviction and the failure of the (5) Judgment also becomes final when judgment is
accused to appear was without justifiable cause, he an acquittal. [People v. Sandiganbayan (2010)]
shall lose the remedies available in the ROC against
the judgment and the court shall order his arrest. Exception to finality of judgment if of acquittal: Cases
where death penalty was imposed—automatic
However, within 15 days from promulgation of review; judgment does not become final after the
judgment, he may surrender and file a motion for promulgation and by the TC’s issuance of a
leave of court to avail of these remedies. He shall commitment order. [Sec, 10, Rule 122]
state the reasons for his absence.
Note: Before the judgment becomes final, the TC has
If he proves his absence was for a justifiable cause, plenary power to make, either on motion or motu
shall be allowed to avail of the remedies within 15 proprio, such amendment or alterations as it may
days from notice. [Sec. 6, Rule 120; People v. De deem best, within the frame of law, to promote the
Grano (2009)] ends of justice.

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After finality, the TC is divested of authority to REQUISITES


amend/alter the judgment, except to correct clerical That the evidence: [Jose v. CA (1997)]
errors. (a) Was discovered after the trial;
(b) Could not have been discovered and produced at
the trial even with the exercise of reasonable
diligence. [US v. Pico (1982)]
New trial or Reconsideration (c) Burden of proving this is on the accused. [US v.
Torrente (1922)]
(d) Is material, not merely
GROUNDS FOR NEW TRIAL [RULE 121, SEC. 2] cumulative/corroborative/impeaching; and
(e) Is of such weight that it would probably change
That errors of law or irregularities prejudicial to the the judgment if admitted.
substantial rights of the accused have been It must be of weighty influence and will affect the
committed during the trial; result of the trial. [People v. Alfaro (2003)]

General rule: Error of the defense counsel in the EXCEPTIONS


conduct of the trial is neither an error of law nor an “Interest of justice” as gauge for introduction of new
irregularity. evidence:
In People v. Almendras (2003), the court ruled that a
Exception: Acquittal would in all probability have motion for a new trial may be granted on a ground
followed the introduction of certain testimony which not specifically provided in the rules, provided that it
was not submitted at the trial under improper or is sought in the interest of justice. In that case, the
injudicious advice of incompetent counsel. relief of a new trial was granted to a client who has
suffered by reason of his/her counsel’s gross mistake
Irregularities must be with such seriousness as to and negligence.
affect prejudicially the substantial rights of the
accused. When there is variance in 2 reports:
In People v. del Mundo (1996), the court allowed the
That new and material evidence has been discovered presentation in a new trial of a police report, not new,
which the accused could not with reasonable and which could have been discovered with due
diligence have discovered and produced at the trial diligence, because the evidence contained in such
and which if introduced and admitted would was at such variance with the health officer’s report
probably change the judgment. [Estino v. People at trial, that its contents raised doubts to the guilt of
(2007)]. The determinative test is the presence of the accused.
due or reasonable diligence to locate the thing to be
used as evidence in the trial. [Briones v. People EFFECTS OF GRANTING A NEW TRIAL OR
(2009)] RECONSIDERATION [RULE 121, SEC. 6]

GROUNDS FOR RECONSIDERATION IN ALL CASES:


Errors of law OR fact in the judgment, which requires (a) The original judgment set aside or vacated;
no further proceedings. [Rule 121, Sec. 3] (b) A new judgment is rendered accordingly.
(c) Specific effects when granted upon different
REQUISITES BEFORE A NEW TRIAL MAY BE grounds:
GRANTED ON GROUND OF NEWLY DISCOVERED
EVIDENCE

Ground Effect The Court may:


Errors of law or irregularities All proceedings and evidence affected shall be Allow introduction of additional
committed during the trial set aside and taken anew evidence in the interest of justice

If error or irregularity goes into the jurisdiction,


the entire proceeding is void and must be set
aside
Newly-discovered evidence Evidence already adduced shall stand and the Allow introduction of other such
newly-discovered and such other evidence evidence in the interest of justice

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Ground Effect The Court may:


shall be taken and considered together with
the evidence already in the record

REMEDY AGAINST GAD IN GRANTING MNT/MFR Appeal For cases decided by


Certiorari or prohibition. Otherwise, the prosecution The SC RTC
may no longer have opportunity to question the (a) If it involves questions of law
order if accused is acquitted after a new trial is only
conducted (because there will be double jeopardy). (b) If it involves constitutionality or
[Luciano v. Estrella (1970)] validity of any
treaty/law/ordinance/EO/
APPLICATION OF NEYPES DOCTRINE IN regulation or the jurisdiction of
CRIMINAL CASES the inferior court
(c) In criminal cases involving
FRESH PERIOD TO APPEAL AFTER DENIAL OF MNT/MR offenses for which the penalty
imposed is death or life
Neypes Doctrine: The Court allows a fresh period of imprisonment
15 days within which to file the notice f appeal in the (d) Other offenses, which,
RTC, counted from receipt of the order dismissing a although not so punished,
MNT or MR. arose out of the same
occurrence or which may have
Henceforth, this “fresh period rule” shall also apply been committed by the
to Rule 40 governing appeals from the Municipal accused on the same occasion,
Trial Courts to the Regional Trial Courts; Rule 42 on as that giving rise to the more
petitions for review from the Regional Trial Courts to serious offense
the Court of Appeals; Rule 43 on appeals from The SC CA or Sandiganbayan
quasi-judicial agencies to the Court of Appeals and
Rule 45 governing appeals by certiorari to the HOW APPEAL TAKEN
Supreme Court. (Neypes v. CA, 2005) Note: The right to appeal is not a natural right nor a
part of due process but merely a statutory privilege
and may be exercised only in the manner and in
accordance with the provisions of the law. [Estarija v.
Appeal People (2009)]

EFFECT OF AN APPEAL WHO MAY APPEAL


An appeal in a criminal proceeding throws the whole General Rule: Any party may appeal from a judgment
case open for review and it becomes the duty of the or final order [Section 1, Rule 122]
appellate court to correct an error as may be found Exceptions:
in the appealed judgment, WON it is made the (1) Party may not appeal if the accused will be placed
subject of assignment of errors. [People v. Calayca in double jeopardy by such action [Section 1, Rule
(1999)] 122]
(2) If the judgment is for conviction and the accused
WHERE TO APPEAL [RULE 122, SEC. 2] fails to appear without justifiable cause, he would
Appeal For cases decided by lose the remedy to appeal [Sec. 6,Rule 120]
The RTC MTC/MeTC/MCTC
The RTC or MTC/MeTC/MCTC (if it is [Rule 122, Sec. 6 and 9]
Sandiganbayan government duty-related - i.e. filed
under EO 1, 2, 4 and 14-A) When appeal to be taken
The CA RTC (if it involves questions of fact Within 15 days from promulgation of the judgment or
and of law) from notice of the final order appealed from.

The period to appeal shall be suspended from the


time a MNT or MR is filed until notice of the order
overruling the motion has been served upon the
accused or his counsel.

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 Cases governed by the Revised Rules on Summary


Transmission of record to RTC Procedure
Within 5 days from perfection of the appeal, the COC
shall transmit the original record to the appropriate PROCEDURE IN THE CA
RTC. (a) Parties and title [Rule 124, Sec. 1]

Notification of parties In all criminal cases appealed to the CA:
Upon receipt of the complete record, TSN and APPELLANT – The party appealing;
evidence of the case, the RTC COC shall notify the APPELLEE – The party adverse to the appellant.
parties of such fact.
The title of the case shall remain as it was in the

court of origin (i.e. People v. John Doe).
Submission of memoranda/briefs
Within 15 days from receipt of said notice, the parties
(b) Appointment of counsel de oficio [Rule 124, Sec. 2]
may submit memoranda/briefs, or may be required
by the RTC to do so.
(c) Brief for appellant [Rule 124, Sec. 3]
 Appellant shall file 7 copies of his brief with the
Decision clerk of court, accompanied by proof of service of
After submission of such memoranda/briefs or upon 2 copies on the appellee.
the expiration of the period to file the same, the RTC
shall decide the case on the basis of the entire record It shall be filed within 30 days from receipt by the
of the case and of such memoranda/briefs as may appellant (his counsel) of the CA clerk of court’s
have been filed. notice that the evidence is already attached to the
record.
[Rule 123, Sec. 1]
General rule: The procedure to be observed in the (d) Brief for appellee [Rule 124, Sec. 4]
MeTC/MTC/MCTC shall be the same as that in the Appellee shall file 7 copies of his brief with the
RTC. clerk of court, accompanied by proof of service of
2 copies on the appellant.
Exceptions:
(1) Where a particular provision applies only to either It shall be filed within 30 days from receipt of the
of said courts; appellant’s brief.
(2) Criminal cases governed by the Revised Rules on
Summary Procedure. (e) Reply to appelle’s brief [Rule 124, Sec. 4]
Appellant may (i.e. optional) file a reply brief
Offenses falling under the MTC/MCTC’s Jurisdiction: covering matters raised in the appellee’s brief but
[Salcedo v. Nobles-Bans (1985)] not in the brief of the appellant.
Notwithstanding the uniform procedure rule, if the
offense falls under the jurisdiction of the MTC/MCTC, It must be filed within 20 days from receipt of the
complaint/information may be filed directly with said appellee’s brief.
courts or with the City Prosecutor’s Office.
(f) Extension of time for filing briefs [Rule 124, Sec. 5]
Offenses falling under the MeTC’s Jurisdiction: General Rule: Extension of time for the filing of
[Salcedo v. Nobles-Bans (1985)] briefs is not allowed.
In Metro Manila and other chartered cities, criminal
cases shall be commenced only by information; thus, Exception: for good and sufficient cause
the complaint may be filed only with the Office of the It is sought through a motion for extension, which
City Prosecutor must be filed before the expiration of the time
sought to be extended.
If the case is directly filed with the court, the case
should not be dismissed. The court should just refer Court may grant as many extensions as may be
it to the City Prosecutor for the filing of the asked. [Gregorio v. CA (1976) ]
corresponding information.
(g) Form of briefs [Rule 124, Sec. 6]
Briefs shall be printed/encoded/ typewritten, in
double space, on legal size good quality unglazed
paper, 330mm in length by 216mm in width.

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Likewise, when accused flees after the case has


Mimeographed copies are not allowed. been submitted for decision, he is deemed to
have waived his right to appeal. [People v. Ang
(h) Contents of brief Gioc (1941)]
The briefs in criminal cases shall have the same
contents as provided in Rule 44, Sec. 13-14. [Rule Exception: Appeal will not be dismissed despite
124, Sec. 7] escape:
(a) In one exceptional case, the appellant took
(1) Appellant’s brief: [Rule 44, Sec. 13] advantage of a mass jailbreak (because,
(a) SUBJECT INDEX according to his counsel de oficio he was
(b) ASSIGNMENT OF ERRORS innocent and wanted to elude an unjust
(c) STATEMENT OF THE CASE punishment) but was recaptured 2 hours after,
(d) STATEMENT OF FACTS the SC said circumstances were not sufficient
(e) ISSUES to justify dismissal of the appeal. [People v.
(f) ARGUMENTS Valencia (1949)]
(g) RELIEF (b) If there was absolutely no evidence against
(h) ATTACHMENT the accused as found by the appellate court,
he should be acquitted in order to prevent an
(2) Appellee’s brief: [Rule 44, Sec. 14] injustice by technicalities. [People v.
(a) SUBJECT INDEX Buenaventura (1994)]
(b) STATEMENT OF FACTS; or COUNTER- (c) In case of automatic review. [People v. Cornelio
STATEMENT OF FACTS (1971)]
(c) ARGUMENTS
(C) CA may dismiss the appeal upon appellee’s
(i) Dismissal of appeal for abandonment or failure to motion or motu proprio.
prosecute [Rule 124, Sec. 8]
PROMPT DISPOSITION OF APPEAL [Rule 124, Sec. 9]
Grounds: Appeals of accused who are under detention are
(A)Appellant fails to file his brief within the given precedence in their disposition over other
prescribed time; appeals.

Exception: Where the appellant is represented by The accused need not be present in court during the
a counsel de oficio. hearing of the appeal.

If failure to file brief on time is the ground, REVERSAL / MODIFICATION OF JUDGMENT ON APPEAL
appellant must be given NOTICE to give him [Rule 124, Sec. 10]
opportunity to reason out why his appeal should General rule: No judgment shall be
not be dismissed. reversed/modified.

However, dismissal is proper despite lack of Exception: When the CA, after an examination of the
notice: record and of the parties’ evidence, is of the opinion
that error was committed and such error injuriously
(a) If appellant has filed a MFR or motion to set affected the appellant’s substantial rights.
aside the order dismissing the appeal, in
which he stated the reason why he failed to When it involves credibility of witnesses, appellate
file his brief on time and the appellate court courts will not generally disturb the TC’s findings.
denied the motion after considering reason.
[Baradi v. People (1948)] Rationale: The TC is in a better position to decide the
(b) If appeal was dismissed without notice but question, having seen and heard the witnesses
appellant took no steps to have the appeal themselves. [People v. Cabiling (1976)]
reinstated. Such action amounts to
abandonment. [Salvador v. Reyes (1949)] SCOPE OF CA’S JUDGMENT [Rule 124, Sec. 11]
The CA may:
(B)If the appellant escapes from prison/confinement, (1) Reverse/affirm/modify the judgment;
jumps bail or flees to a foreign country during the (2) Increase/reduce the penalty imposed by the TC;
pendency of the appeal. (3) Remand the case to the RTC for new trial or
retrial;

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(4) Dismiss the case. (2) If the judgment also imposes a lesser penalty for
When the accused appeals from the sentence of offenses committed on the same occasion or
the TC, he waives the constitutional safeguard which arose from the same occurrence that gave
against double jeopardy and throws the whole rise to the more severe offense for which death is
case open to the review of the appellate court, imposed, and the accused appeals:
which is then called upon to render such
judgment as law and justice dictate, WON The appeal shall be automatically included in the
favorable to the accused and WON made the case certified for review in the SC
subject of assignment of errors. [Ko Bu Lin v. CA
(1982)] (3) If the CA imposes reclusion perpetua, life
imprisonment or a lesser penalty:
CA’S POWER TO RECEIVE EVIDENCE [Rule 124, Sec. 12] (a) It shall render and enter judgment imposing
The CA has power to try cases and conduct hearings, such penalty.
receive evidence and perform any and all acts (b) Appeal here is not automatic. The accused
necessary to resolve factual issues in cases: has to file a notice of appeal with the CA.
(1) Falling within its original jurisdiction;
(2) Involving claims for damages arising from JUDGMENT TRANSMITTED AND FILED IN TC
provisional remedies; When the CA’s entry of judgment is issued, a certified
(3) Where the court grants a new trial based only on true copy of the judgment shall be attached to the
the ground of newly-discovered evidence. original record. These shall be remanded to the clerk
CA’s trials and hearings must be continuous and of the court from which the appeal was taken. [Rule
completed within 3 months, unless extended by the 124, Sec. 17]
Chief Justice.
This copy of the entry serves as the formal notice to
QUORUM IN THE CA [Sec. 11, BP 129] the court from which the appeal was taken of the
(a) 3 CA Justices constitute a quorum for the sessions disposition of the case in the appellate court, so that
of a division. the judgment may be executed and/or placed or
(b) The unanimous vote of the 3 Justices of a division noted in the proper file.
is necessary for the pronouncement of a
judgment or final resolution MNT DURING THE PENDENCY OF APPEAL IN THE CA
(c) Decision is reached through a consultation before [Rule 124, Sec. 14]
the writing of the opinion by a member of the (a) Appellant may file MNT on the ground of newly
division. discovered evidence material to his defense any
(d) If there is lack of unanimity, the Presiding Justice time:
shall direct the CA raffle committee to designate (1) After the appeal from the lower court has been
2 additional Justices to sit temporarily with them. perfected, but
They shall then form a special division of 5 (2) Before the CA judgment convicting him
members. becomes final.
The concurrence of a majority of that special division (b) The motion shall conform to Rule 121, Sec. 4.
is necessary for the pronouncement of a judgment or (c) If the CA grants a MNT, it may either: [Rule 124,
final resolution. Sec. 15]
(1) Conduct the hearing and receive evidence;
Designation of the additional Justices shall be made (2) Refer the trial to the court of origin.
strictly by raffle and rotation among all other CA
Justices. MFR OF CA JUDGMENT [Rule 124, Sec. 16]
MFR may be filed within 15 days from notice of the
CERTIFICATION OR APPEAL OF CASES TO THE SC [Rule CA judgment or final order, with copies served on the
124, Sec. 13] adverse party.
(1) If the CA finds that death penalty should be
imposed: The mittimus shall be stayed during the MFR’s
(a) AUTOMATIC REVIEW – CA shall render pendency.
judgment but refrain from making an entry of
judgment. It shall then certify the case and General rule: No party shall be allowed a 2nd MFR of
elevate its entire record to the SC for review. a judgment or final order. [Sec. 11, BP 129]
The accused does not have to do anything.
(b) Note: Death penalty has been abolished.

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Exception: Where the 1st MFR resulted in a reversal Ordinary appeal


or substantial modification of the original decision or When available:
final resolution. (a) When the penalty imposed by the RTC is life
imprisonment, decision is appealable directly to
In this case, the party adversely affected by the the SC by filing a notice of appeal with the RTC.
reversal/modification may himself file a MFR of the [Rule 122, Sec. 3]
latest judgment of the court, because with respect to (b) When an accused was charged with 2 or more
him, said motion is a first pleading of that nature. offenses committed on the same occasion or
arising out of the same occurrence, and in one of
APPLICABLE CIVIL PROCEDURE RULES [Rule 124, Sec. 18] those 2 cases, he was sentenced to life
Provisions of Rules 42, 44-46 and 48-56 relating to imprisonment or death penalty, the appeal with
procedure in the CA and the SC in original and respect to the others, though punished with a
appealed civil cases, shall be applied to criminal lesser penalty, is to the SC. [Rule 122, Sec. 3]
cases insofar as they are applicable and not (c) When the penalty of reclusion perpetua or death
inconsistent with the provision of this Rule. is imposed on some of the defendants and a
lesser penalty on the other co-defendants, on
PROCEDURE IN THE SC account of their varying degree of participation in
(a) Uniform procedure [Rule 125, Sec. 1] the commission of the offense or due to the
General rule: The procedure in the SC in original and presence of modifying circumstances, in which
in appealed cases shall be the same as in the CA. case the decision on the non-life convicts is
directly appealable to the SC. [People v. Carino]
Exception: If the Constitution or law provides
otherwise. In these cases, the SC reviews not only errors of law
but also the findings of fact by the TC.
(b) What the SC may do on review
In a criminal case, an appeal to the SC throws open Petition for review on certiorari
the whole case for review and it becomes its duty to (a) When available:
correct such errors as may be found in the judgment (b) When constitutionality/validity of any treaty,
appealed from, WON they were assigned as errors. executive agreement, law, ordinance or executive
[People v. Olfindo (1924)] order or regulation is in question.
(c) When validity of law is questioned by an accused
It may examine the judgment as to the qualification convicted under it by the TC, the SC cannot
of the crime and the degree of the penalty imposed. review the evidence or pass upon any other
[Macali v. Revilla (1926)] question of law which may appear on the record,
but will only confine itself to the question of the
It may also assess and award civil indemnity. in/validity of that law. [Trinidad v. Sweeney (1904)]
[Quemel v. CA (1946)] (d) When the jurisdiction of any inferior court is in
issue.
(c) Ways by which a case may reach the Supreme (e) When only an error or question of law is involved.
Court
Automatic review On decisions of the CA and the Sandiganbayan.
It is not a matter of right on the part of the accused, As a rule, review here is limited to errors of law.
but a matter of law.
General rule: Certiorari is used to correct only errors
When available: of jurisdiction and not errors of judgment of an
(a) When the RTC judgment upon the accused inferior court. For errors of judgment, ordinary
imposes death penalty. [Rule 122, Sec. 10] appeal is available.
(b) When the RTC decision is appealed to CA and the
latter is of the opinion that the penalty imposed Exception: Cases where certiorari is granted despite
should be death or life imprisonment. CA existence of the remedy of appeal:
judgment is imposed but no entry of judgment is (1) Where public welfare and advancement of public
made; instead, the case is certified and the entire policy so dictate.
record is elevated to the SC for review. [Rule 124, (2) Where the broader interests of justice so require.
Sec. 13] (3) Where the orders complained of were found to be
completely null and void.
(4) Where appeal was not considered as the
appropriate remedy.

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If case is decided by a division of the SC whose


(d) Failure to specify appellate court members are equally divided, the case shall be heard
Failure of appellant to specify in his notice of appeal and decided by the SC en banc.
the court to which the appeal is being made is not
fatal. [RA 296] (h) Constitutional provisions on SC composition [Art.
8, Sec. 4, Consti]
(e) Erroneous choice / mode of appeal (a) SC Composition: 1 Chief Justice + 14 Associate
In the case of People v. Resuello (1969), the Justices.
contention of the adverse party that the ordinary (b) SC may sit en banc or (in its discretion) in divisions
appeal filed by appellant shall be dismissed because of 3, 5 or 7 members.
the proper remedy is petition for review on certiorari (c) No doctrine or principle of law laid down by the
(only questions of law were involved) was rejected. SC in a decision rendered en banc or in division
may be modified/reversed.
The SC said that in cases similarly situated, and as
long as the steps formally required for the perfection EFFECT OF APPEAL BY ANY OF SEVERAL
of an appeal were taken in due time, appeal may be ACCUSED [RULE 122, SEC. 11]
given due course, without prejudice to requiring the
appellant to file the necessary petition for review on General rule: An appeal taken by one or more of
certiorari which is also a form of appeal. several accused shall not affect those who did not
appeal.
(f) Review of CA decisions (a) As to the appealing party, the execution of
The procedure for the review by the SC of CA judgment appealed from is stayed upon the
decisions on criminal shall be the same as in civil perfection of the appeal.
cases. [Rule 125, Sec. 2] (b) As to the co-accused who did not appeal, the
judgment of the TC insofar as it relates to him
General rule: The SC’s appellate jurisdiction in cases becomes final and the appellate court has no
brought to it from the CA is limited to reviewing and power to interfere with it. [Salvatierra v. CA (1996)]
revising the errors of law incurred by the latter.
(a) The CA’s findings of fact are final. Exception: Insofar as the judgment of the appellate
(b) If an appeal in the SC involves questions of facts, court is favorable and applicable to those who did
the SC has no jurisdiction and should dismiss not appeal or who withdrew his appeal. [People v.
appeal. [Guico v. Mayuga (1963)] Gandia (2008)]

Exception: [Vargas v. CA; Napolis v. CA (1972)] The appeal of the offended party from the civil
(a) When the conclusion is a finding founded entirely aspect shall not affect the criminal aspect of the
on speculations/surmises/conjectures; judgment or order appealed from.
(b) When the inference made is manifestly
mistaken/absurd/impossible; GROUNDS FOR DISMISSAL OF APPEAL
(c) When there is GAD;
(d) When the judgment is based on a WHEN APPEAL BY THE PEOPLE WILL NOT LIE
misapprehension of facts; The People/State cannot appeal when it will put the
(e) When the findings of facts are conflicting; accused in double jeopardy. The constitutional
(f) When the CA, in making its findings, went beyond mandate against double jeopardy prohibits not only
the issues of the case and the same are contrary a subsequent prosecution in a new and independent
to the admissions of both appellant and appellee. cause but extends also to appeal in the same case by
the prosecution after jeopardy had attached.
(g) Decisions if opinion is equally divided [Rule 125, [Republic v. CA]
Sec. 3]
When the SC en banc is equally divided in opinion or The prosecution cannot appeal from a judgment of
the necessary majority cannot be had on WON to acquittal
acquit the appellant, the case shall again be
deliberated upon. Rationale: A verdict of that nature is immediately
final and to try on the merits, even in an appellate
If no decision is reached after re-deliberation, the court, places the accused in double jeopardy. [Central
lower court’s judgment of conviction shall be Bank v. CA (1989)]
reversed and the accused is acquitted.

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Dismissal of case upon filing of demurrer by the may produce, and particularly describing the place to
accused was held to be final even though based on be searched, and the things/persons to be seized.
erroneous interpretation of the law. Hence, an (Art. III, Sec. 2, 1987 Const.)
appeal therefrom by the prosecution would
constitute double jeopardy. [US v. Kilayko (1916)] Exclusionary rule: Any evidence obtained in violation
of this or the preceding section (Art. III, Sec. 2) shall
Where the TC has jurisdiction but mistakenly be INADMISSIBLE for any purpose in any
dismisses the complaint/information on the ground proceeding. (Art. III, Sec. 3, Par. 2, 1987 Const.)
of lack of it, the order of dismissal is unappealable.
[People v. Duran (1960)] Doctrine of attenuation: Despite the illegality in
obtaining evidence, such evidence may be
An appeal by the People will not lie if the purpose is admissible if the connection between the evidence
to correct the penalty imposed by the trial court or to and the illegal method is sufficiently remote or
include in a judgment a penalty erroneously omitted. attenuated so as to dissipitate the taint [Wong Sun v.
[People v. Paet (1956)] US (1963)]

The preclusion against appeal by the State from This constitutional guarantee is NOT a blanket
judgments or final orders having the effect of prohibition against ALL searches and seizures. It
acquittal, applies even though accused did not raise operates only against “unreasonable” searches and
question of jeopardy. [People v. Ferrer (1956)] seizures.

What constitutes a reasonable or unreasonable


search or seizure in any particular case is purely a
Search and Seizure judicial question. [Rodriguez v. Villamiel (1937)]

CONSTITUTIONAL PROTECTION IS AGAINST PUBLIC


NATURE OF SEARCH WARRANT OFFICERS’ ACTS, NOT PRIVATE PERSONS
People v. Marti (1991); also People v. Bongcarawan
DEFINITION (2002): Search and seizure clauses are restraints
It is an order in writing; issued in the name of the upon the government and its agents, not upon
People of the Philippines; signed by a judge; and private individuals.
directed to a peace officer, commanding him to
search for personal property described in the warrant However, if the private person is acting upon orders
and bring it before the court. (Rule 126, Sec. 1) of government officials, the principle of agency
applies, because in fact such private person is acting
If it is without the judge’s signature: it is fatally in the interest of government, and is therefore
defective. subject to the prohibition against unreasonable
searches and seizures.
NATURE OF A SEARCH WARRANT
A search warrant (SW) is in the nature of a criminal General rule: Search of property is unreasonable
process akin to a writ of discovery, employed by the unless it has been authorized by a valid search
state to procure relevant evidence of a crime. warrant.
[Malaloan v. CA (1994)]
Exceptions: Valid warrantless searches.
They are not available to individuals in the course of
civil proceedings. DISTINGUISH FROM WARRANT OF ARREST
It is interlocutory in character -–- it leaves something Search Warrant Warrant of Arrest
more to be done, which is the determination of the Nature
guilt of the accused.
Order in writing in the Order directed to the
BASIS: CONSTITUTIONAL SAFEGUARD AGAINST name of the RP signed by peace officer to execute
UNREASONABLE SEARCH AND SEIZURES the judge and directed to the warrant by taking the
No search warrant or warrant of arrest shall issue the peace officer to search person stated therein into
except upon probable cause to be determined personal property custody that he may be
personally by the judge after the examination under described therein and to bound to answer for the
oath/affirmation of the complaint and the witness he bring it to court. (Rule 126, commission of the

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Search Warrant Warrant of Arrest


Exception: (Malaloan v. CA [1994] subject to Rule
Sec. 1) offense. 126, Sec. 1)
If a case has not yet been filed, it may be filed in a
Determination of Probable Cause court with a territorial jurisdiction other than that
The judge must The judge does not have where the illegal articles sought to be seized are
personally examine the to personally examine the located.
complainant and complainant and his
witnesses in the form of witnesses. Instead, he This is aside from the consideration that a criminal
searching questions and may opt to personally action may be filed in different venues under the
answers. (Rule 126, Sec.5) evaluate the report and rules for continuing crimes, or where different trial
supporting documents courts have concurrent original jurisdiction over the
submitted by the same criminal offense.
prosecutor [AAA v.
Carbonell (2007)]. The ruling may be applicable:
(a) When the crime is found to have been committed
The examination must be Examination must be
in a particular place WITHIN the judicial region.
under oath or affirmation under oath.
(b) Where a particular court, by reason of its
of the complainant and
territorial area, has jurisdiction.
his witnesses.
(c) And where prosecutor, who filed the complaint or
Form of Writ information in said court, has territorial
jurisdiction different from the court within the
It must particularly It must particularly
same judicial region which actually issued the
describe the place to be describe the person to be
warrant.
searched and the things arrested.
to be seized.
A.M. No. 03-8-02-SC
When Executed The Executive Judges and, whenever they are on
Generally served in the May be made at any time official leave of absence or are not physically present
day time, unless there be of the day or night. (Rule in the station, the Vice-Executive Judges of Manila
a direction in the warrant 113, Sec. 2) and Quezon City RTCs of Manila City shall have
that it may be served at authority to act on applications for search warrants
any time of the day or involving:
night. (Rule 126, Sec. 9) (a) heinous crimes;
(b) illegal gambling;
Period of Validity (c) illegal possession of firearms and ammunitions
Valid for ten (10) days Does not expire (No (d) violations of the Comprehensive Dangerous
(Rule 126, Sec. 9). terminal life). Drugs Act of 2000;
(e) the Intellectual Property Code, the
(f) the Anti-Money Laundering Act of 2001,
APPLICATION FOR SEARCH WARRANT, WHERE
(g) the Tariff and Customs Code; and,
FILED
(h) other relevant laws that may hereafter be
enacted by Congress, and included herein by the
APPLICATION
Supreme Court.
Where filed (Rule 126, Sec. 2)
Any court within whose territorial jurisdiction the
Substance of application
crime was committed.
Requisites for issuing a search warrant (Rule 126,
Sec. 4)
For compelling reasons stated in the application:
A Search Warrant shall NOT issue EXCEPT:
(a) If the place of the commission of the crime is
(a) Upon probable cause in connection with one
known, any court within the judicial region where
specific offense;
the crime was committed.
(b) To be determined personally by the judge;
(b) Any court within the judicial region where the
(c) After examination under oath or affirmation of the
warrant shall be enforced.
complainant and the witness he may produce;
(d) Particularly describing the place to be searched
However, if the criminal action has already been
and the things to be seized which may be
filed, the application shall only be made in the court
anywhere in the Philippines.
where the criminal action is pending.

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that an escape or the destruction of evidence is


ISSUANCE AND FORM OF SEARCH WARRANT imminent.
If the judge is satisfied of the existence of facts upon
which the application is based or that there is Search of house, room, or premise, to be made in
probable cause to believe that they exist, he shall presence of two witnesses
issue the warrant, which must be substantially in the No search of a house, room, or any other premises
form prescribed by these Rules. (Rule 126, Sec. 6) shall be made except in the presence of the lawful
occupant thereof or any member of his family or in
SW must be in writing and contain: the absence of the latter, two witnesses of sufficient
(a) Name of person against whom it is directed; age and discretion residing in the same locality. (Rule
(b) Offense for which it was issued; 126, Sec. 8)
(c) The place to be searched and
(d) The description of the specific things to be seized; Time of making search
(e) A directive to law enforcement officers to search Day time, unless the affidavit asserts that the
and seize; property is on the person or in the place ordered to
(f) And for them to bring in court the things seized; be searched, in which case a direction may be
(g) Signature of the judge issuing it. inserted that it be served at any time of the day or
night. (Rule 126, Sec. 9)
VALIDITY OF SEARCH WARRANT
Period of validity: 10 days from its date. Thereafter, it A SW violates Rule 126, Sec. 9 if the time for making
shall be void. (Rule 126, Sec. 10) the search is left blank, thus enabling the officers to
conduct the search in the evening of the appointed
Lifetime of SW ends when a return has already been search, causing untold conveniences to the person
made. [Mustang Lumber v. CA (1996)] searched. [Asian Surety v. Herrera (1973)]

SERVICE OF SEARCH WARRANT Where a search is to be made during the night time,
the authority for executing the same at that time
Right to break door or window to effect search should appear in the directive on the face of the SW.
The officer, if refused admittance to the place of [Asian Surety, supra]
directed search after giving notice of his purpose and
authority, may break open any outer or inner door or POST-SERVICE
window of a house or any part of a house or anything Receipt of property seized
therein to execute the warrant to liberate himself or How receipt is given (Rule 126, Sec. 1)
any person lawfully aiding him when unlawfully
detained therein. (Rule 126, Sec. 7) If lawful occupant was The officer seizing the
present property under the SW
Knock and announce principle must give a detailed
Generally, officers executing a search must do the receipt for the same to the
following acts: lawful occupant of the
(a) Announce their presence; premises in whose
(b) Identify themselves to the accused and to the presence the search and
persons who rightfully have possession of the seizure were made.
premises to be searched;
If he was not present The officer seizing the
(c) Show to them the search warrant; and
property under the SW
(d) Explain the warrant in a language or dialect
must, in the presence of
known and understood by them.
at least 2 witnesses of
sufficient age and
When unannounced intrusion is permissible
discretion residing in the
(a) Person in the premises refuses to open it upon
same locality, leave a
demand;
receipt in the place in
(b) Person in the premises already knew of the
which he found the seized
identity and authority of the officers;
property.
(c) When the officers have an honest belief that there
is an imminent danger to life and limb;
(d) When those in the premises, aware of the
presence of someone outside, are then engaged
in activities which justifies the officers to believe

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Delivery of property and inventory thereof to court PERSONAL EXAMINATION BY JUDGE OF THE
(Rule 126, Sec. 12) APPLICANT AND WITNESSES
The officer must forthwith deliver the property seized Aside from the requirements mandated by Rule 126,
to the judge who issued the warrant, together with a Sec. 4, the rule requires the judge to comply with a
true inventory thereof duly verified under oath. specific procedure in the conduct of the examination
of the complainant and the witnesses he may
10 days after issuance of the search warrant, the produce. (Rule 126, Sec. 5):
issuing judge shall ascertain if the return has been (a) The examination must be PERSONALLY
made, and if none, shall summon the person to conducted by the judge;
whom the warrant was issued and require him to (b) The examination must be in the form of searching
explain why no return was made. questions and answers;
(c) The complainant and the witnesses shall be
If the return has been made, the judge shall examined on those facts personally known to
ascertain whether Sec. 11 of Rule 126 has been them;
complied with and shall require that the property (d) The statements must be in writing and under
seized be delivered to him. The judge shall see to it oath; and
that delivery has been complied with. (e) The sworn statements of the complainant and
the witnesses, together with the affidavits
The return on the search warrant shall be filed and submitted, shall be attached to the record.
kept by the custodian of the log book on search
warrants who shall enter therein the date of the EXAMINATION MUST BE PERSONALLY CONDUCTED BY THE
return, the result, and other actions of the judge. JUDGE; DETERMINED BY JUDGE HIMSELF

Goods seized remain under the court’s custody and Searching questions and answers
control until the institution of the appropriate Such questions which have the tendency to show the
criminal action with the proper court. [Tenorio v. CA commission of a crime and the perpetrator thereof.
(2003)] [Luna v. Plaza (1968)]

PROBABLE CAUSE In search cases, the application must be supported


by substantial evidence: that the items sought are in
WARRANTS GENERALLY ISSUED UPON PROBABLE CAUSE fact seizable by virtue of being connected with
Probable cause: Such facts and circumstances which criminal activity and the items will be found in the
would lead a reasonably discreet and prudent man place to be searched. [People v. Tuan (2010)]
to believe that an offense has been committed, and
that objects sought in connection with the offense A search warrant issued by a judge who did not ask
are in the place sought to be searched. [Santos v. searching questions but only leading ones and in a
Pryce Gases Inc. (2007) general manner is invalid. [Uy v. BIR (2000)]

This probable cause must be shown to be within the Although there is no hard-and-fast rule governing
personal knowledge of the complainant or the how a judge should conduct his investigation, it is
witnesses he may produce and not based on mere axiomatic that the examination must be probing and
hearsay. exhaustive, not merely routinary, general, peripheral,
perfunctory or pro forma. The judge must not simply
The probable cause must refer only to one specific rehash the contents of the affidavit but must make
offense. [Roan v. Gonzales (1986)] his own inquiry on the intent and justification of the
application. [Yao v. People (2007)]
A probable cause to arrest does not necessarily
involve a probable cause to search and vice-versa. Judge must examine under oath or affirmation the
complainant and the witness he may produce
PROBABLE CAUSE JUSTIFYING WARRANTLESS ARREST
AND WARRANTLESS SEARCH A warrant NOT based on personal knowledge is void.
This implies probability of guilt and requires more
than bare suspicion but less than evidence which Examination under oath
would justify conviction. It is not determined by a Oath: Includes any form of attestation by which a
fixed formula but is resolved according to the facts of party signifies that he is bound in conscience to
each case. perform an act faithfully and truthfully.

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The oath required must refer to the truth of facts is constitutionally objectionable. [Columbia
within the personal knowledge of the petitioner or Pictures v. Flores (1993)]
his witnesses. [Alvarez v. CFI (1937)]
Exceptions:
Mere affidavits of the complainant or his witnesses (a) Where, by the nature of the goods to be seized,
are not sufficient. The examining judge has to take their description must be rather general, it is not
depositions in writing of the complaint or his required that a technical description be given, for
witnesses, and attach the same to the record. this would mean that no SW could issue. [People
[Prudente v. Judge Dayrit (1989), citing Roan] v. Rubio (1932)]
(b) The general description of the documents listed
PARTICULARITY OF PLACE TO BE SEARCHED in the SW does not render the SW void if the SW
AND THINGS TO BE SEIZED is severable, and those items not particularly
Warrant issued must particularly describe the place described may be cut off without destroying the
to be searched and the persons to be seized. whole SW. [Uy v. BIR (2001)]

PARTICULARITY OF PLACE TO BE SEARCHED PERSONAL PROPERTY TO BE SEIZED


Description of place to be searched is sufficient if the
officer with the SW can, with reasonable efforts, WHAT MAY BE SEIZED (RULE 126, SEC. 3)
ascertain and identify the place intended. [People v. (a) Personal property subject of the offense.
Veloso (1925)] (b) Personal property stolen/embezzled and other
proceeds/fruits of the offense.
An apparent typographical error will not necessarily (c) Personal property used or intended to be used as
invalidate the SW, as long as the application the means of committing an offense.
contains the correct address. [Burgos v. Chief of Staff
(1984)] The rule does not require that the property to be
seized should be owned by the person against whom
PARTICULARITY OF THINGS TO BE SEIZED the search warrant is directed. It is sufficient that the
person against whom the warrant is directed has
Scope control of possession of the property sought to be
Personal property only. SW does not issue for seizure seized. [Burgos v. Chief of Staff (1984)]
of immovable properties.
Ownership of the property seized is immaterial. It is RULES ON DNA EVIDENCE A.M. NO. 06-11-5-SC
sufficient that the person against whom SW is (OCTOBER 2, 2007)
directed has control/possession of the property. [Yao The appropriate court may, at any time, either motu
v. People (2007)] proprio or on application of any person who has a
legal interest in the matter in litigation, order a DNA
General rule: Things to be seized must be described testing. Such order shall issue after due hearing and
particularly. General search warrants are not notice to the parties. (Sec. 4)
allowed. Otherwise, the search and seizure of the
items in the implementation of such SW is illegal In a search incidental to an arrest even WITHOUT a
and the items seized are inadmissible in evidence. warrant, the person arrested may be searched for
Art. III, Sec. 2 of the 1987 Const.) (Rule 126, Sec. 13)
(a) SWs authorizing the seizure of books of accounts (1) Dangerous weapons.
and records “showing all the business (2) Anything which may have been used or constitute
transactions” of certain persons, regardless of proof in the commission of the offense.
whether the transactions were legal or illegal, are
general warrants prohibited by law. [Stonehill v. EXCEPTIONS TO SEARCH WARRANT
Diokno (1967)] REQUIREMENT
(b) Likewise, a description of things to be seized as
“subversive documents, propaganda materials, SEARCH INCIDENTAL TO LAWFUL ARREST
FAs, printing paraphernalia and all other Warrantless searches allowed as an incident of lawful
subversive materials” hardly provided a definite arrest
guideline to the executing officers. [Dizon v. Hon. A person lawfully arrested may be searched for (1)
Castro (1985)] dangerous weapons or (2) anything which may have
(c) And where the language used is too all- been used or (3) constitute proof in the commission
embracing as to include all the paraphernalia of of an offense without a search warrant. (Rule 126,
petitioner in the operation of its business, the SW Sec. 13)

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SEARCH OF MOVING VEHICLE


The arrest must precede the search; generally, the
process cannot be reversed. Nevertheless, a search Search of moving vehicle
substantially contemporaneous with an arrest can Rationale: Peace officers may lawfully conduct
precede the arrest at if the police have probable searches of moving vehicles without need of a
cause to make the arrest at the outset of the search. warrant as it is impracticable to secure a judicial
[Riano (2011)] warrant before searching a vehicle since it can be
quickly moved out of the locality or jurisdiction in
The rule assumes that the arrest is legal. If the arrest which the warrant may be sought. [People v. Tuazon
is illegal, then the search is illegal and as a result, (2007)]
the things seized are inadmissible as evidence.
[People v. Aruta (1998)] However, these searches would be limited to visual
inspection and the vehicles or their occupants cannot
The search is confined to his person, but as an be subjected to physical or body searches, except
incident of an arrest, the place or premises where the where there is probable cause to believe that the
arrest was made can also be searched without a occupant is a law offender or the contents of the
search warrant. The extent and reasonableness of the vehicles are instruments or proceeds of some
search must be decided on its own facts and criminal offense.
circumstances. [Nolasco v. Paño (1985);
The search and seizure without warrant of vessel and
Where a search is first undertaken, and an arrest was aircrafts for violation of customs laws has been a
effected based on evidence produced by such search, traditional exception to the requirement of SW.
both search and arrest are illegal. [Lui v. Matillano [Roldan v. Hon. Arca (1975)]
(2004)]
Nonetheless, in all cases falling under this category,
CONSENTED SEARCH there must be a showing of a PC of a violation of the
Consented warrantless search law. [Caroll v. US (1924)]
Jurisprudence requires that in case of consented
searches or waiver of the constitutional guarantee CHECK POINTS; BODY CHECKS IN AIRPORT
against obtrusive searches, it must first appear that
(1) the right exists; Searches conducted in checkpoints [People v.
(2) the person involved had knowledge, either actual Vinecario (2004)]
or constructive, of the existence of such right; and They are valid as long as they are warranted by the
(3) the said person had an actual intention to exigencies of public order and conducted in a way
relinquish the right. [People v. Nuevas (2007)] least intrusive to motorists.
The vehicle is neither searched nor its occupants
Consent to a search is not to be lightly inferred, but subjected to a body search (i.e. inspection of the
must be shown by clear and convincing evidence. It is vehicle is limited to a visual search).
the State which has the burden of proving, by clear
and positive testimony, that the necessary consent Routine inspections are not regarded as violative of
was obtained and that it was freely and voluntarily an individual’s right against unreasonable search:
given. [Valdez v. People (2007)] (a) Where the officer merely draws aside the curtain
of a vacant vehicle which is parked on the public
A peaceful submission to a search or seizure is not a fair grounds;
consent or an invitation thereto, but is merely a (b) Officer simply looks into a vehicle;
demonstration of regard for the supremacy of the (c) Officer flashes a light therein without opening
law. [People v. Nuevas (2007)] car’s doors;
(d) Occupants not subjected to a physical search;
When is consented search reasonable: Only if kept (e) Inspection is limited to usual search or inspection;
within the bounds of the actual consent. or
(f) Routine check is conducted in a fixed area [People
A person’s consent may limit the extent/scope of a v. CA (2002)]
warrantless search in the same way that the
specifications of a warrant limit the search pursuant
thereto.

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PLAIN VIEW SITUATION Under this theory, PC is not required to conduct a


Plain view doctrine (2008 Bar) “stop and frisk” BUT, nevertheless, mere
suspicion/hunch will not validate a “stop and frisk.”
Requisites (PIA): [People v. Valdez (1999), People v.
Salanguit (2001)] Test: Genuine reason - Reasonable belief based on
(1) A prior valid intrusion i.e., based on the valid genuine reason and in the light of the officer’s
warrantless arrest in which the police are legally experience and the surrounding circumstances, that
present in the pursuit of their official duties; a crime has either taken place or is about to take
(2) Evidence was inadvertently discovered by the place and the person to be stopped is armed and
police who have a right to be where they are; dangerous.
(3) Evidence must be immediately apparently illegal
(i.e., drug paraphernalia); ENFORCEMENT OF CUSTOM LAWS
(4) Plain view justified mere seizure of evidence
without further search. Customs search
For the enforcement of customs duties and tariff
Limitations: [People v. Musa (1993)] laws, the Collector of Customs is authorized to effect
(1) It may not be used to launch unbridled searches searches and seizure. [General Travel Services v. David
and indiscriminate seizures. (1966)]
(2) Does not extend to a general exploratory search
made solely to find evidence of defendant’s guilt. The Tariff Code authorizes customs officers to:
(a) Enter, pass through or search any land, enclosure,
The doctrine is usually applied where a police officer warehouse;
is not searching for evidence against the accused, (b) Inspect/search/examine any vessel/aircraft and
but nonetheless inadvertently comes across an any trunk/package/box/envelope or any person
incriminating object. on board, or stop and examine any
vehicle/beast/person suspected of
Even if an object is in plain view, before it can be holding/conveying any dutiable/prohibited
seized without a SW, its incriminating nature must article introduced into the Philippines contrary to
first be apparent. law.

Where police officers are on the premises pursuant General rule: The Tariff and Customs Code does not
to a valid consent to a search, an item falling into require a warrant for such searches.
their plain view may properly be seized even if the
item is not connected with their purpose in entering. Exception: In the search of a dwelling house, SW is
required.
STOP AND FRISK SITUATION
A limited protective search of outer clothing for OTHER EXCEPTIONS
weapons. [Malacat v. CA (1997)] Exigent and Emergency Circumstances
Example: There was a prevailing general chaos and
Where a police officer observes unusual conduct, disorder because of an ongoing coup, and the raid of
which leads him reasonably to conclude in the light the office/building was precipitated by an
of his experience that criminal activity may be afoot, intelligence report that said office was being used as
and that a person with whom he is dealing may be HQ by the RAM. Also, the surveillance team before
armed and presently dangerous, the raid was fired upon by the people inside. The
raiding team had no opportunity to apply for warrant
Where in the course of investigating this behavior he as the court then was closed. [People v. de Gracia
identifies himself as a policeman and makes (1994)]
reasonable inquiry, and where nothing in the initial
stage of the encounter serves to dispel his reasonable Buy-bust Operation: No need for SW (or warrant of
fear for his own or others’ safety, he is entitled for the arrest) because the accused is caught in flagrante
protection of himself and others in the area to delicto.
conduct a carefully limited search of outer clothing of
such persons in an attempt to discover weapons A form of entrapment legally employed by peace
which might be used to assault him. [Terry v. Ohio officers as an effective way of apprehending drug
(1968)] dealers in committing an offense.

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Entrapment: Employment of such ways and means (b) Compliance with procedural and substantial
for the purpose of trapping or capturing a requisites.
lawbreaker
Matters of defense are to be raised in the criminal
Private Searches and “State Expansion of Private action. [DOH v. Sy Chi Siong (1989)]
Search”
File a motion to return seized things.
The evidence was obtained by a private person This is the remedy used if the search was already
acting in a private capacity without state conducted and goods were seized as a consequence
participation and intervention. It was company SOP. thereof.
Constitutional rights cannot be invoked when there is Where the motion will be filed follows the same rules
no government interference. [People v. Marti (1999)] as 2(c) above.

REMEDIES FROM UNLAWFUL SEARCH AND Motion to quash a search warrant or to suppress
SEIZURE evidence. (2005, 2007 Bar)
A motion to suppress as evidence the objects
WHO MAY AVAIL OF REMEDIES illegally taken (exclusionary rule) – any evidence
Only the party whose rights have been impaired obtained through unreasonable searches and
thereby; the objection to an unlawful search and seizures shall be inadmissible for any purpose in any
seizure is purely personal and cannot be availed of proceeding.
by third parties. [Stonehill v. Diokno (1967); Santos v.
Pryce Gases, Inc. (2007)] Rule 126, Sec. 14 Where to file
REMEDIES If criminal action has been Court where the action
Employ any means to prevent the search. filed has been instituted.
Without a SW, the officer cannot insist on entering a
If no criminal action has Court that issued SW.
citizen’s premises. If he does so, he becomes an
been instituted
ordinary intruder.
If no criminal action is Court where the
The person to be searched may resist the search and filed and motion is first subsequent criminal
employ any means necessary to prevent it, without filed with the court that action has been
incurring any criminal liability. [People v. Chan Fook issued the SW, but it instituted.
(1921)] failed to resolve the
motion and a criminal
File criminal action against officer. case is subsequently filed
A public officer/employee who procures a SW in another court
without just cause is criminally liable under Art. 129,
RPC (Search warrants maliciously obtained and Grounds for a Motion to Quash [Bache & Co. v. Ruiz
abuse in the service of those legally obtained). (1971)]
(1) No personal examination by the judge.
File a Motion to Quash the illegal SW. (2) More than one specific offense.
This remedy is employed if search is not yet (3) No particular description.
conducted.
Who may file
General rule: The motion must be filed before the (1) Person injured.
sala of the judge who issued it. Only the court that (2) Person searched.
issued the SW may order revocation of SW or release (3) Owner of the property.
of things seized. [Pagkalinawan v. Gomez (1967)]
An accused may file a Motion to Suppress Evidence if
Exception: Where the SW is issued by one court and he is not among the persons who can file a Motion to
the criminal action based on the results of the search Quash.
is afterwards filed in another court, the motion may
be filed in either court. [People v. CA (1999)] Effect of failure to quash warrant
(1) Where no MTQ the SW was filed in or resolved by
What may be raised in the MTQ. the issuing court, the interested party may move in
(a) Existence or non-existence of probable cause at the court where the criminal case is pending for the
the time of issuance of the SW;

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suppression of the personal property seized IF the (3) Conducting the search without the required
same is offered therein as evidence (REGALADO). witnesses.
(2) The MTQ a SW and Motion to Suppress Evidence
are alternative, not cumulative remedies. Against judge:
(1) For knowingly rendering an unjust interlocutory
Effects of illegal search order.
(1) Illegally seized evidence may not be admitted in (2) Inexcusable negligence or ignorance.
evidence in any proceeding. (Art. III, Sec. 2, 1987
Const.) CIVIL LIABILITIES
(2) DISPOSITION OF ILLEGALLY SEIZED PROPERTY Violation of the following:
(1) Violation of rights and liberties (Art. 32 [9], CC)
General rule: Goods seized by virtue of an illegal (2) Malicious prosecution and acts referred to Art. 32.
warrant must be returned. [Castro v. Pabalan (1976)] (Art. 2218, CC)

Exception: If possession of the things seized is Malice or bad faith is not required.
prohibited by law, they should not be returned.
Not only official actions, but makes all persons who
However, where the accused obtained goods from are responsible for the violation liable for damages
another through payment of bouncing checks and [MHP Garments v. CA (1994)]
thereafter sold said goods to a buyer in good faith,
but said goods were taken from the purchaser with
the use of a SW although the criminal case for estafa
against the accused was still pending, the goods
should be returned to the buyer. The buyer is entitled Provisional Remedies
to possession of goods until restitution is ordered by
the court in the criminal case. [Yu v. Honrado (1980)] NATURE
Provisional remedies in civil actions, insofar as they
Waiver of immunity against unreasonable searches are applicable, may be availed of in connection with
and seizure. [Pasion v. Locsin (1938)] the civil action deemed instituted with the criminal
The constitutional immunity against unreasonable action. [Rule 127, Sec. 1]
searches and seizure is a personal right that may be
waived expressly/impliedly ONLY by the person Where the civil action has actually been instituted, or
whose right is being invaded or one who is expressly proceeded independently of the criminal action,
authorized to do so in his behalf. these provisional remedies cannot be availed of in
the criminal action but may be applied for in the
Requisites of a valid waiver separate civil action. (Regalado)
(1) It must appear that the right exists;
(2) That the person involved had knowledge, (actual If the civil action is suspended on account of filing of
or constructive) of the existence of such right; the criminal action
(3) That the person had an actual intention to The court with which the civil case is filed is not
relinquish the right. thereby deprived of its authority to issue auxiliary
writs that do not go into the merits of the case.
CRIMINAL LIABILITY [Ramcar Inc v. de Leon]
Violation of the following:
(1) Violation of domicile (RPC Art. 128) Not available when:
(2) SW maliciously obtained (Art. 129) (1) Offended party has waived the civil claim.
(3) Searching domicile without witnesses (Art. 130) (2) Offended party has reserved the civil claim.
(4) Unjust interlocutory order (Art. 206) (3) Offended party has already instituted a separate
civil action.
Grounds: (4) Criminal action carries with it no civil liability.
Against public officer or employer:
(1) Entering without authority; against the will; KINDS OF PROVISIONAL REMEDIES
refuses to leave. Reference to provisional remedies in Rule 127 is
(2) SW procured without just cause or if with just made in general terms, hence preliminary injunction,
cause, exceeds his authority or uses unnecessary preliminary attachment, receivership, replevin or
severity of force. support pendent lite may be availed of. (Riano)

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The accused may present evidence to prove his Issuance and implementation of the writ [Gonzalez v.
defense and damages, if any, arising from the State Properties (2001)]
issuance of a provisional remedy in the case. [Rule
119, Sec. 11(b)]
When
PRELIMINARY ATTACHMENT Issuance of writ May be done before
When proper [Rule 127, Sec. 2] acquisition of jurisdiction
When the civil action is properly instituted in the over the accused; may be
criminal action, the offended party may have the ex-parte
property of the accused attached as security for the
satisfaction of any judgment that may be recovered Enforcement of writ Only after acquisition of
from the accused in the following cases: jurisdiction over the
(1) When the accused is about to abscond from the person of the defendant
Philippines
(2) When the criminal action is based on a claim for No notice to the adverse party, or hearing on the
money or property embezzled or fraudulently application is required before a writ of preliminary
misapplied or converted to the use of the accused attachment may issue as a hearing would defeat the
who is a public/corporate officer, attorney, factor, purpose of the provisional remedy. The time which
broker, agent or clerk, in the course of his such hearing would take could be enough to enable
employment as such, or by any other person in a the defendant to abscond or dispose of his property
fiduciary capacity, or for a willful violation of duty before a writ of attachment may issue [Mindanao
(3) When the accused has concealed, removed or Savings etc. v. CA, 172 SCRA 480]
disposed of his property, or is about to do so
(4) When the accused resides outside the Philippines

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General Principles of on the accused [Sec. 14,


Art. III]
Evidence
PROOF vs. EVIDENCE
CONCEPT OF EVIDENCE Proof Evidence
The means, sanctioned by these rules, of
ascertaining in a judicial proceeding, the truth Result or effect of Mode and manner of
respecting a matter of fact [Sec. 1, Rule 128] evidence [Regalado] proving competent facts
in judicial proceedings
SCOPE OF THE RULES OF EVIDENCE [Bustos v. Lucero, 81 Phil
General rule: Principle of uniformity 640]
Rules of evidence shall be the same in all courts and
in all trials and hearings. [Sec. 2, Rule 128] FACTUM PROBANS vs. FACTUM PROBANDUM

Exception: If otherwise provided by: Civil Cases Criminal Cases


(1) Law (e.g., 1987 Constitution, statutes); Facts or material The proposition to be
(2) Rules of Court. [Sec. 2, Rule 128] evidencing the established
proposition
APPLICABILITY
The rules of evidence are specifically applicable only The evidentiary fact The ultimate fact sought
in judicial proceedings. [Sec. 1, Rule 128] tending to prove the fact to be established
in issue
In quasi-judicial proceedings, the same apply by Facts or material The proposition to be
analogy [Sec. 4, Rule 1], except in cases where the evidencing the established
governing law in the particular proceeding proposition
specifically adopts the rules of evidence in the Rules [Source: Regalado]
of Court. [Regalado]
CLASSIFICATION OF EVIDENCE
Administrative investigations shall be conducted Object, documentary and testimonial evidence
without necessarily adhering strictly to the technical
rules of procedure and evidence applicable to judicial Object Documentary Testimonial
proceedings [Dela Cruz v. Malunao (2012)] Addressed to Consist of Testimony or
the senses of the writings or any deposition of a
Note: There is a different rule for Rules on Electronic court. [Sec. 1, material witness
Evidence since it covers quasi-judicial and Rule 130] containing
administrative bodies [Sec, 2, Rule 1, Rules on letters, words,
Electronic Evidence] numbers,
figures, symbols
EVIDENCE IN CIVIL CASES vs. EVIDENCE IN or other modes
CRIMINAL CASES of written
Civil Cases Criminal Cases expressions
offered as proof
Preponderance of Proof beyond reasonable of their contents
evidence [Sec. 1, Rule 133] doubt [Sec. 2, Rule 133] [Sec. 2, Rule 130]
Offer of compromise NOT Offer of compromise by
an admission of any the accused may be Cumulative and corroborative evidence
liability [Sec. 27, Rule 130] received in evidence as an Cumulative Corroborative
implied admission of guilt
(except for quasi-offenses Evidence of the same Additional evidence of a
or those allowed by law kind and to the same different character to the
to be compromised) [Sec. state of facts same point
27, Rule 130]
Presumption of Presumption of Prima facie and conclusive evidence
innocence does NOT innocence a Prima facie Conclusive
apply constitutional guarantee

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Standing alone, unexplained Class of evidence Exclusionary rules of evidence by law are either
or uncontradicted, is which the law does constitutional or statutory, as such:
sufficient to maintain the not allow to be
proposition affirmed contradicted Constitutional Statutory

Primary and secondary evidence Unreasonable searches Lack of documentary


and seizures; privacy of stamp tax to documents
Primary Secondary communication and required to have one
correspondence. [Secs. makes such document
(a) Best Evidence (a) Substitutionary
2-3, Art. III] inadmissible as evidence
(b) That which the law Evidence
in court until the requisite
regards as affording (b) Inferior to primary;
stamp/s shall have been
the greatest permitted only when
affixed thereto and
certainty of the fact the best evidence is
cancelled. [Sec. 201, NIRC]
in question not available
Miranda Rights: right to Any communication
counsel, prohibition of obtained by a person, not
ADMISSIBILITY OF EVIDENCE torture, force, violence, being authorized by all the
REQUISITES FOR ADMISSIBILITY OF EVIDENCE threat, intimidation or parties to any private
Evidence is admissible when it is: other means which communication, by
(1) Relevant to the issue and vitiate the free will; tapping any wire/cable or
(2) Not excluded by law or the ROC. [Sec. 3, Rule 128] prohibition of secret using any other
detention places, device/arrangement to
WHEN DETERMINED solitary, incommunicado. secretly
Admissibility is determined at the time it is offered to [Sec. 12, Art. III] overhear/intercept/record
the court [Sec. 35, Rule 132] such information by using
any device, shall not be
RELEVANCE OF EVIDENCE & COLLATERAL MATTERS admissible in evidence in
Relevancy any judicial/quasi-
Evidence must have such a relation to the fact in judicial/legislative/
issue as to induce belief in its existence or non- administrative hearing or
existence. [Sec. 4, Rule 128] investigation. [Secs. 1 and
4, R.A. 4200 (Wire-
Collateral matters Tapping Act)]
Matters other than the fact in issue which are offered No person shall be Rules on Electronic
as a basis for inference as to the existence or non- compelled to be a Evidence [Sec. 1,Rule 9,]
existence of the facts in issue [Regalado] witness against himself.
[Sec.17, Art.III]
General Rule: Evidence on collateral matters is NOT
allowed. [Sec. 4, Rule 128] Under the ROC, Rule 130 is the applicable rule in
determining the admissibility of evidence.
Exception: When it tends in any reasonable degree to
establish the probability or improbability of the fact Note: Evidence illegally obtained is inadmissible on a
in issue. [Sec. 4, Rule 128] timely motion or action to suppress [Stonehill v.
Diokno (1967)]
Note: What is prohibited by the Rules is not evidence
of all collateral matters, but evidence of irrelevant DOCTRINES OF ADMISSIBILITY
collateral facts. [Regalado] (1) Multiple admissibility—Where the evidence is
relevant and competent for two or more
Competence purposes, such evidence shall be admitted for any
Evidence not excluded by: or all the purposes for which it is offered, provided
(1) Law, or it satisfies all the requisites of law for its
(2) The ROC [Sec. 3, Rule 128] admissibility therefor. [Regalado]
Determined by the prevailing exclusionary rules of
evidence [Regalado] (2) Conditional admissibility—Where the evidence at
the time of its offer appears to be immaterial or
irrelevant unless it is connected with the other

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facts to be subsequently proved, such evidence Burden of Proof Burden of Evidence


may be received, on condition that the other facts
will be proved thereafter; otherwise, the evidence evidence that he has
already given shall be stricken out. presented) that he (the
potential proponent) has
Note: This is applied in the case of People v. Yatco to overcome. That factum
(97 Phil 940) subject to the qualification that probandum may, but does
there should be no bad faith on the part of the not have to be, nor is
proponent. The qualification appears to avoid limited to a "prima facie
unfair surprises. [Regalado] presumption." Likewise, a
party will not have any
(3) Curative admissibility—Where the court has burden of evidence at all if
admitted incompetent evidence adduced by the the adverse party has not
adverse party, a party has a right to introduce the established any factum
same kind of evidence in his/her behalf. probandum in the first
[Regalado] place. (Prof. Victoria A.
Avena)
Direct evidence vs. circumstantial evidence
Does not shift Shifts from party to party
Direct Circumstantial throughout the trial depending upon the
exigencies of the case in
Proves the fact in dispute Proof of a fact/s from
the course of the trial
without the aid of any which, taken either singly
inference or presumption or collectively, the Generally determined by Generally determined by
existence of a particular the pleadings filed by the the developments at the
fact in dispute may be party trial, or by the provisions
inferred as a necessary or of substantive or
probable consequence procedural law

Positive evidence vs. negative evidence WHERE BURDEN OF PROOF IS FIXED


The burden of proof is fixed by pleadings. [Riano]
Positive Negative
Witness affirms that a Witness states he/she did EQUIPOISE RULE/EQUIPONDERANCE DOCTRINE
fact did or did not occur not see or know of the The doctrine refers to the situation where the
occurrence of a fact (e.g., evidence of the parties are evenly balanced or there
denial) is doubt on which side the evidence preponderates.
In this case, the decision should be against the party
Competence vs. credibility with the burden of proof. [Rivera v. CA (284 SCRA
672); Marubeni v. Lirag (2001)]
Competence Credibility
Eligibility of evidence to Worthiness of belief; In criminal cases, the equipoise rule provides that
be received as such “believability” where the evidence is evenly balanced, the
constitutional presumption of innocence tilts the
scales in favor of the accused. [Malana v. People
(2008)]
BURDEN OF PROOF AND BURDEN OF EVIDENCE
Burden of Proof Burden of Evidence PRESUMPTIONS
Duty of a party to present A party will have the Conclusive Disputable
evidence on the facts in burden of evidence only Inferences which the law Satisfactory if
issue necessary to (i.e., will have to be a makes so peremptory uncontradicted, but may
establish his/her claim or proponent) if there is any that it will not allow them be contradicted and
defense by the amount factum probandum to be overturned by any overcome by other
of evidence required by (whether evidentiary or contrary proof however evidence [Sec. 3, Rule 131]
law [Sec. 1, Rule 131] otherwise) that the strong [Datalift Movers v.
adverse party has already Belgravia Realty (2006)]
established (whether by
law, rule, or by virtue of

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administrative or quasi-judicial bodies [Sec. 5, Rule


133]
LIBERAL CONSTRUCTION OF THE RULES OF
EVIDENCE The amount of relevant evidence which a reasonable
Like all other provisions under the ROC, rules of mind might accept as adequate to support a
evidence must be liberally construed. [Sec. 6, Rule 1] conclusion [Sec. 5, Rule 133]

Rules on Electronic Evidence shall likewise be CLEAR AND CONVINCING EVIDENCE


construed liberally. [Sec. 2, Rule 2, Rules on Electronic Standard of proof required in granting or denying
Evidence] bail in extradition cases [Government of Hongkong
Special Administrative Region v Olalia, Jr. (2007)]
QUANTUM OF EVIDENCE (WEIGHT AND
SUFFICIENCY OF EVIDENCE) Intermediate in character – lower than proof beyond
reasonable doubt, but higher than preponderance of
PROOF BEYOND REASONABLE DOUBT evidence
Applicable quantum of evidence in criminal cases
[Sec. 2, Rule 133]

Only moral certainty is required – that degree of


proof which produces conviction in an unprejudiced Judicial Notice and Judicial
mind. [Sec. 2, Rule 133] Admissions
The burden is on the prosecution to prove guilt
WHAT NEED NOT BE PROVED
beyond reasonable doubt, NOT on the accused to
(1) Facts of Judicial Notice
prove his/her innocence. [Boac v People (2008)]
(2) Judicial Admissions
(3) Conclusive Presumptions
The prosecution must not rely on the weakness of
the evidence of the defense. [Ubales v People (2008); JUDICIAL NOTICE
People v Hu (2008)] Judicial notice is the cognizance of certain facts that
judges may properly take and act on without proof
PREPONDERANCE OF EVIDENCE
because these facts are already known to them. Put
Applicable quantum of evidence in civil cases [Sec. 1, differently, it is the assumption by a court of a fact
Rule 133] without need of further traditional evidentiary
support. The principle is based on convenience and
Means that the evidence adduced by one side is, as a expediency in securing and introducing evidence on
whole, superior to or has greater weight than that of matters which are not ordinarily capable of dispute
the other. [Habagat Grill v. DMC-Urban Property and are not bona fide disputed. [Republic v.
Developer, Inc.(2005); Bank of the Philippine Islands v Sandiganbayan (2011)]
Reyes (2008)]
MATTERS OF JUDICIAL NOTICE
In determining preponderance of evidence, the court MANDATORY
may consider: Needs no introduction of evidence [Sec. 1, Rule 129]:
(1) All the facts and circumstances of the case; (1) Existence and territorial extent of states;
(2) The witnesses’ manner of testifying, their (2) Their political history, forms of government, and
intelligence, their means and opportunity of symbols of nationality;
knowing the facts to which they testify, the nature (3) Law of nations;
of the facts to which they testify, the probability or (4) Admiralty and maritime courts of the world and
improbability of their testimony; their seals;
(3) The witnesses’ interest or want of interest, and (5) Political constitution and history of the
also their personal credibility so far as the same Philippines;
may legitimately appear upon the trial; (6) Official acts of the legislative, executive and
(4) Number of witnesses (although preponderance is judicial departments of the Philippines;
not necessarily equated with the number of (7) Laws of nature;
witnesses). [Sec. 1, Rule 133] (8) Measure of time; and
(9) Geographical divisions.
SUBSTANTIAL EVIDENCE
Degree of evidence required in cases filed before

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Note: It would be error for the court not to take is either 1) generally known within the territorial
judicial notice of an amendment to the Rules of jurisdiction of the trial court; or b) capable of
Court [Riano citing Siena Realty v. Gal-lang (428 accurate and ready determination by resorting to
SCRA 422)] sources whose accuracy cannot reasonably be
questionable. [Riano]
DISCRETIONARY
(1) Matters of public knowledge; JUDICIAL ADMISSIONS
(2) Matters capable of unquestionable To be a judicial admission, the same:
demonstration; and (1) Must be made by a party to the case;
(3) Matters ought to be known to judges because of (2) Must be made in the course of the proceedings in
their judicial functions. [Sec. 2, Rule 129] the same case; and
(3) May be verbal or written. [Sec. 4, Rule 129]
REQUISITES
For the court to take judicial notice, three material As regards judicial admissions made in the trial of
requisites should be present: another case: the same would be considered an
(1) The matter must be one of common and general extrajudicial admission for the purpose of the other
knowledge; proceeding where such admission is offered. [Riano]
(2) It must be well and authoritatively settled and
not doubtful or uncertain; WHERE JUDICIAL ADMISSIONS MAY BE MADE
(3) It must be known to be within the limits of the (a) Pleadings filed by the parties (including
jurisdiction of the court. [State Prosecutors v, Muro admissions made in pleadings which are
(1994)] withdrawn/superseded by an amended pleading
[Regalado])
Judicial notice is not judicial knowledge. The mere (b) The course of the trial either by verbal/written
personal knowledge of the judge is not the judicial manifestations/stipulations
knowledge of the court, and he is not authorized to (c) Other stages of judicial proceedings
make his individual knowledge of a fact, not
generally or professionally known, the basis of his HOW JUDICIAL ADMISSIONS MAY BE OBTAINED
action. Judicial cognizance is taken only of those (a) Depositions
matters which are "commonly" known. [State (b) Written interrogatories
Prosecutors v. Muro (1994)] (c) Request for admissions [Regalado; see also Civil
Procedure Rules]
With Respect to Court’s Own Acts and Records
A court MAY take judicial notice of its own acts and There are averments made in pleadings which are
records in the same case. [Republic v Court of not deemed admissions even if the adverse party
Appeals (1997)] fails to make a specific denial of the same like
immaterial allegations (Sec. 11, Rule 8), conclusions,
With Respect to Records of Other Cases non-ultimate facts in the pleading (Sec. 1, Rule 8) as
General Rule: Courts CANNOT take judicial notice of well as the amount of liquidated damages (Sec. 11,
the contents or records of other cases even if both Rule 8). [Riano]
cases may have been tried or are pending before the
same judge. [Prieto v. Arroyo (1965)] Although an admission made during the pre-trial is
deemed to have been made in the course of the
Exceptions: judicial proceeding and is necessarily a judicial
(1) When there is no objection, with the knowledge of admission, an admission made by the accused in the
the opposing party, the contents of said other pre-trial of a criminal case is not necessarily
case are clearly referred to and adopted or read admissible against him. To be admissible, it must
into the record of the latter; or comply with the conditions set forth under Sec. 2,
(2) When the original or part of the records of the Rule 118 [Riano]
case is actually withdrawn from the archives at
the court’s discretion upon the request, or with EFFECT OF JUDICIAL ADMISSIONS
the consent, of the parties, and admitted as part (1) It does NOT require proof. [Sec. 4, Rule 129]
of the record of the pending case [Tabuena v. CA (2) It is conclusive upon the party making it, and
(1991)] hence, CANNOT be contradicted. [Sec. 4, Rule
129]
The principal guide in determining what facts may be
assumed to be judicially known is that of notoriety. It

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An original complaint, after being amended, loses its and doer of the whole act; otherwise, that things
character as a judicial admission, which would have which a person possesses or exercises acts of
required no proof. It becomes merely an extra- ownership over, are owned by him;
judicial admission requiring a formal offer to be (11) Person in possession of an order on himself for
admissible. [Torres v CA (1984)]. the payment of the money or the delivery of
anything has paid the money or delivered the
A party who judicially admits a fact cannot later thing accordingly;
challenge that fact as judicial admissions are a (12) Person acting in public office was regularly
waiver of proof; production of evidence is dispensed appointed or elected to it;
with. [Alfelor v Halasan (2006)] (13) Official duty has been regularly performed;
(14) A court or judge acting as such, whether in the
HOW JUDICIAL ADMISSIONS MAY BE CONTRADICTED Philippines or elsewhere, was acting in the
As an exception to the general rule, judicial lawful exercise of jurisdiction;
admissions may be contradicted only by showing (15) All the matters within an issue raised in a case
that: were laid before the court and passed upon by it;
(1) It was made through palpable mistake; [Sec. 4, all matters within an issue raised in a dispute
Rule 129] submitted for arbitration were laid before
(2) No such admission was made. [Sec. 4, Rule 129] arbitrators and passed upon by them;
This may be invoked when the statement of a (16) Private transactions have been fair and regular;
party is taken out of context or that his statement (17) Ordinary course of business has been followed;
was made not in the sense it is made to appear by (18) There was a sufficient consideration for a
the other party [Phil. Health Care Providers v. contract;
Estrada, 2008 citing Atillo, III v. CA, 1997] (19) Negotiable instrument was given or indorsed for
a sufficient consideration;
CONCLUSIVE PRESUMPTIONS (20) An indorsement of negotiable instrument was
Instances of Conclusive Presumptions made before the instrument was overdue and at
[Sec. 2, Rule 131] the place where the instrument is dated;
(1) Whenever a party has, by his own (21) A writing is truly dated;
declaration/act/omission, intentionally and (22) Letter duly directed and mailed was received in
deliberately led another to believe a particular the regular course of the mail;
thing is true and to act upon such belief, he (23) Presumptions concerning absence:
cannot, in any litigation arising out of such (a) Ordinary but continued absence of:
declaration/act/omission, be permitted to falsify (i) 7 years, it being unknown WON the
it. absentee still lives, he is considered
(2) The tenant is not permitted to deny the title of his dead for all purposes, except for those
landlord at the time of the commencement of the of succession
relation of landlord and tenant between them. (ii) 10 years—the absentee shall be
considered dead for the purpose of
As Distinguished from Disputable Presumptions opening his succession; but if he
[Sec. 3, Rule 131] disappeared after the age of 75 years,
(1) Person is innocent of a crime or wrong; an absence of 5 years shall be sufficient
(2) Unlawful act is done with an unlawful intent; to open his succession
(3) Person intends the ordinary consequences of his (iii) 4 consecutive years—the spouse
voluntary act; present may contract a subsequent
(4) Person takes ordinary care of his concerns; marriage if s/he has a well-founded
(5) Evidence willfully suppressed would be adverse belief that the absent spouse is already
if produced; dead; but where there is danger of
(6) Money paid by one to another was due to the death, an absence of only 2 years shall
latter; be sufficient for remarriage
(7) Thing delivered by one to another belonged to (b) Qualified absence
the latter; (i) A person on board a vessel lost during
(8) Obligation delivered up to the debtor has been a sea voyage, or an aircraft which is
paid; missing, who has not been heard of for
(9) Prior rents or installments had been paid when a 4 years since the loss of the vessel or
receipt for the later ones is produced; aircraft
(10) A person found in possession of a thing taken in (ii) A member of the armed forces who has
the doing of a recent wrongful act is the taker taken part in armed hostilities, and has

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been missing for 4 years reports of cases adjudged in tribunals of the


(iii) A person who has been in danger of country where the book is published, contains
death under other circumstances and correct reports of such cases;
whose existence has not been known (35) A trustee or other person whose duty it was to
for 4 years convey real property to a particular person has
(24) Acquiescence resulted from a belief that the actually conveyed it to him when such
thing acquiesced in was conformable to the presumption is necessary to perfect the title of
law/fact; such person or his successor in interest;
(25) Things have happened according to the ordinary (36) Presumptions regarding survivorship:
course of nature and ordinary nature habits of (Applicable for all purposes except succession)
life; (a) When 2 persons perish in the same
(26) Persons acting as copartners have entered into a calamity,
contract of co-partnership; (b) And it is not shown who died first,
(27) A man and woman deporting themselves as (c) And there are no particular circumstances
husband and wife have entered into a lawful from which it can be inferred,
contract of marriage; (d) The survivorship is determined from the
(28) Property acquired by a man and a woman who probabilities resulting from the strength
are capacitated to marry each other and who live and the age of the sexes:
exclusively with each other as husband and wife
without the benefit of marriage or under a void Situation Person presumed to have survived
marriage, has been obtained by their joint
efforts, work or industry; Both < 15 y/o The older
(29) In cases of cohabitation by a man and a woman
Both > 60 y/o The younger
who are not capacitated to marry each other and
who have acquired property through their actual One < 15 y/o,
joint contribution of money, property or industry, the other > 60 The one <15
such contributions and their corresponding y/o
shares including joint deposits of money and Both > 15 and <
evidences of credit are equal; 60 y/o, of The male
(30) Presumptions governing children of women who different sexes
contracted another marriage within 300 days
after termination of her former marriage (in the Both > 15 and
absence of proof to the contrary): <60 y/o, of the The older
same sex
When child was born Presumption
(37) As between 2 or more persons called to succeed
Before 180 days Considered to have been each other: If there is a doubt as to which of
after the conceived during the former them died first, whoever alleges the death of
solemnization of the marriage, provided it be born one prior to the other, shall prove the same. In
subsequent within 300 days after the the absence of proof, they shall be considered to
marriage termination of the former have died at the same time.
marriage
JUDICIAL NOTICE OF FOREIGN LAWS, LAW OF
After 180 days Considered to have been
NATIONS AND MUNICIPAL ORDINANCES
following the conceived during the
celebration of the subsequent marriage, even
FOREIGN LAWS
subsequent though it be born within the
General Rule: Courts cannot take judicial notice of
marriage 300 days after the termination
foreign laws. [Yao-Kee v. Sy-Gonzales (1988)]
of the former marriage.
Exceptions: The court may take judicial notice of the
(31) A thing once proved to exist continues as long as foreign law:
is usual with things of the nature; (1) Where the foreign law is within the actual
(32) The law has been obeyed; knowledge of the court such as when the law is
(33) A printed/published book, purporting to be generally well-known, had been ruled upon in
printed/published by public authority, was so previous cases before it and none of the parties
printed/published; claim otherwise [PCIB v Escolin (1974)]
(34) A printed/published book, purporting to contain

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(2) When the foreign law is part of a published


treatise, periodical or pamphlet and the writer is Exceptions: Court may refuse exhibition of object
recognized in his/her profession or calling as evidence and rely on testimonial evidence alone if:
expert in the subject [Sec. 46, Rule 130] (1) Exhibition is contrary to public policy, morals or
decency;
Under the Doctrine of Processual Presumption: In the (2) It would result in delays, inconvenience,
absence of proof, the foreign law will be presumed to unnecessary expenses, out of proportion to the
be the same as the laws of the jurisdiction hearing evidentiary value of such object; [People v. Tavera]
the case. [Northwest Orient Airlines v Court of Appeals (3) Evidence would be confusing or misleading.
(1995)] [People v. Saavedra]

LAW OF NATIONS COMPETENT


The Philippines adopts the generally accepted Evidence be Authenticated
principles of international law as part of the law of To authenticate the object is to show that the object
the land. [Sec. 2, Art. II, 1987 Constitution] is the very thing that is either the subject matter of
the lawsuit or the very one involved to prove an issue
Being part of the law of the land, they are therefore in the case.
in the nature of local laws, and hence, subject to
mandatory judicial notice under Sec. 1 of Rule 129. Authentication be Made by Competent Witness
To authenticate the object, the witness must have
MUNICIPAL ORDINANCES the capacity to identify the object as the very thing
Municipal trial courts are required to take judicial involved in the litigation.
notice of the ordinances of the municipality or city
wherein they sit. [(US v. Blanco, 37 Phil 126)] A witness can testify to those facts which he/she
knows of his/her personal knowledge; that is, which
However, in the case of the RTC, they must take such are derived from his/her own perception. [Sec. 36,
judicial notice only (a) when required to do so by Rule 130]
statute (City of Manila v. Garcia (1967)); and b) in a
case of appeal before them wherein the inferior court CATEGORIES OF OBJECT EVIDENCE
took judicial notice of an ordinance involved in said “The thing itself”
case [(US v. Blanco, 37 Phil 126)] [Regalado]
UNIQUE OBJECTS
Objects that have readily identifiable marks, e.g., a
caliber 45 pistol by virtue of its serial number
Object (Real) Evidence OBJECTS MADE UNIQUE
Objects with no unique characteristic but are made
NATURE OF OBJECT EVIDENCE readily identifiable, e.g., a typical kitchen knife with
Those addressed to the senses of the court [Sec. 1, identifying marks placed on it by the witness
Rule 130]
NON-UNIQUE OBJECTS
The right against self-incrimination CANNOT be Objects with no identifying marks and cannot be
invoked against object evidence. [People v. Malimit, marked, e.g., narcotic substances
(1996)]
DEMONSTRATIVE EVIDENCE
REQUISITES OF ADMISSIBILITY Not the actual thing, rather it represents or
(1) Evidence must be relevant; “demonstrates” the real thing, e.g., photographs,
(2) Evidence must be authenticated; motion pictures and recordings [Riano]
(3) Authentication must be made by a competent
witness; and Audio, photographic and video evidence of events,
(4) Object must be formally offered [Sec. 34, Rule acts or transactions shall be admissible provided
132] they shall be:
(1) Shown, presented or displayed to the court; and
RELEVANT (2) Identified, explained or authenticated:
General Rule: When an object is relevant to the fact in (a) By the person who made the recording, or
issue, it may be exhibited to, examined or viewed by
the court. [Sec. 1, Rule 130]

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(b) By some other person competent to testify on (a) Accused or the person/s from whom the drugs
the accuracy thereof [Sec. 1, Rule 11, Rules on were seized, or his/her representative or
Electronic Evidence] counsel
(b) Representative from the media and the
Department of Justice
EPHEMERAL ELECTRONIC COMMUNICATIONS (c) Any elected public official
Refers to telephone conversations, text messages, (4) Who shall be required to sign the copies of the
chatroom sessions, streaming audio, streaming inventory and be given a copy thereof. [Sec. 21,
video, and other electronic forms of communication Art. II, R.A. 9165 or the Comprehensive Dangerous
the evidence of which is not recorded or retained. Drugs Act of 2002]
[Sec. 1(k), Rule 2, Rules on Electronic Evidence]
Non-compliance with Sec. 21 of R.A. 9165,
How proven: particularly the making of the inventory and their
(1) By the testimony of a person who was a party to photographing of the drugs confiscated will not
the same; render the drugs inadmissible in evidence. The issue
(2) By the testimony of a person who has personal if there is non-compliance with the law is not
knowledge thereof; or admissibility, but of weight – evidentiary merit or
(3) In the absence or unavailability of such probative value. [People v Del Monte (2008)]
witnesses, by other competent evidence [Sec. 2,
Rule 11, Rules on Electronic Evidence] PURPOSE OF ESTABLISHING CHAIN OF CUSTODY
To guaranty the integrity of the physical evidence
When recorded, the communication ceases to be and to prevent the introduction of evidence which is
ephemeral and shall be proven in the same manner not authentic. [Riano]
as proving audio, photographic and video evidence
[Sec. 2, Rule 11, Rules on Electronic Evidence]. Note: A unique characteristic of narcotic substances
is that they are not readily identifiable. Hence, in
VIEW OF AN OBJECT OR SCENE authenticating the same, a more stringent standard
When an object is relevant to the fact in issue, it may than that applied to readily identifiable objects is
be viewed by the court. [Sec. 1, Rule 130] necessary. This exacting standard entails a chain of
custody of the item with sufficient completeness to
Court has an inherent power to order view when render it improbable for the original item to be
there is a need to do so. [Riano, citing Sec. 1, Rule 130] exchanged with another, contaminated or tampered
with [Lopez v. People (2008)]
Inspection may be made inside or outside the
courtroom. An inspection outside should be made in RULE ON DNA EVIDENCE
the presence of the parties or at least with the [A.M. No. 06-11-5-SC]
previous notice to them. [Riano, citing Moran]
MEANING OF DNA
CHAIN OF CUSTODY The totality of the DNA profiles, results and other
In relation to Sec. 21 of the Comprehensive genetic information directly generated from DNA
Dangerous Drugs Act of 2002 testing of biological samples. [Sec. 3c]

MEANING OF CHAIN OF CUSTODY APPLICATION FOR DNA TESTING ORDER


A method of authenticating evidence which requires With prior court order
that the admission of an exhibit be preceded by (1) The appropriate court may, at any time, either (i)
evidence sufficient to support a finding that the motu proprio or (ii) on application of any person
matter in question is what the proponent claims it to who has a legal interest in the matter in litigation,
be [Lopez v People (2008), as cited in People v Dela order a DNA testing.
Cruz (2008) and People v Agulay (2008)] (2) Such order shall issue after due hearing and
notice to the parties upon a showing of the
IN RELATION TO DRUG CASES following:
The apprehending team having initial custody and (a) A biological sample exists that is relevant to
control of the drugs shall: the case;
(1) Physically inventory, and (b) The biological sample: (i) was not previously
(2) Photograph the same, subjected to the type of DNA testing now
(3) In the presence of requested; or (ii) was previously subjected to

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DNA testing, but the results may require (c) Compliance with scientifically valid
confirmation for good reasons; standards in conducting the tests
(c) The DNA testing uses a scientifically valid
technique; (3) Forensic DNA laboratory
(d) The DNA testing has the scientific potential to (a) Accreditation by any reputable standards-
produce new information that is relevant to setting institution
the proper resolution of the case; and (b) Qualification of the analyst who conducted
(e) The existence of other factors, if any, which the tests
the court may consider as potentially affecting (c) If not accredited, relevant experience of the
the accuracy of integrity of the DNA testing. laboratory in forensic work and its credibility
[Sec. 4]
(4) Reliability of the testing result [Sec. 7]
Without prior court order
This Rule shall not preclude a DNA testing, without Vallejo Standard
need of a prior court order, at the behest of any In assessing the probative value of DNA evidence,
party. [Sec. 4] courts should consider the following:
(a) How the samples were collected
POST-CONVICTION DNA TESTING (b) How they were handled
How obtained: (c) The possibility of contamination of the samples
(1) Without need of prior court order (d) The procedure followed in analyzing the samples,
(2) Available to the prosecution or any person whether the proper standards and procedures
convicted by final and executory judgment were followed
(e) Qualification of the analyst who conducted the
Requisites: tests [People v. Vallejo (2002)]
(1) A biological sample exists
(2) Such sample is relevant to the case RULES ON EVALUATION OF RELIABILITY OF THE DNA
(3) The testing would probably result in the reversal TESTING METHODOLOGY
or modification of the judgment of conviction. Factors that determine the reliability of the DNA
[Sec. 6] Testing Methodology
(1) Falsifiability of the principles or methods used
Remedy if Results Favorable to the Convict (2) Subject to peer review and publication of the
Convict or the prosecution may file a petition for a principles or methods
writ of habeas corpus in the court of origin, CA or SC (3) General acceptance of the principles or methods
or any member of said courts. [Sec. 10] by the scientific community
(4) Existence and maintenance of standards and
General Rule: If the court, after due hearing, finds the controls to ensure the correctness of data
petition meritorious, it shall reverse or modify the generated
judgment of conviction and order the release of the (5) Existence of an appropriate reference
convict. [Sec. 10] population database
(6) General degree of confidence attributed to
Exception: If continued detention is justified for a mathematical calculations used in comparing
lawful cause. [Sec. 10] DNA profiles
(7) Significance and limitation of statistical
ASSESSMENT AND PROBATIVE VALUE OF DNA EVIDENCE calculations used in comparing DNA profiles
AND ADMISSIBILITY
Factors in assessing the probative value of DNA
evidence
(1) Chain of custody
(a) How the biological samples were collected
Documentary Evidence
(b) How they were handled
(c) Possibility of contamination MEANING OF DOCUMENTARY EVIDENCE
Consist of writings or any material containing letters,
(2) DNA testing methodology words, numbers, figures, symbols or other modes of
(a) Procedure followed in analyzing the samples written expressions offered as proof of their contents
(b) Advantages and disadvantages of the [Rule 130, Sec. 2]
procedure

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To be deemed documentary evidence, such writings  ALL duplicates or counterparts must be


or materials must be offered as proof of their accounted for before using copies [De Vera v.
contents. If offered for some other purpose, they Aguilar (1993)]
constitute OBJECT EVIDENCE.  How to prove contents:
(a) Copy,
REQUISITES FOR ADMISSIBILITY (b) Recital of its contents in some authentic
(1) Relevant document, or
(2) Competent (c) Testimony of witnesses (in the order stated)
(a) Document be Authenticated [Section 5, Rule 130]
(b) Authenticated by Competent Witness
 How to prove loss/destruction: Through the
(3) Formally Offered in Evidence
testimony of:
BEST EVIDENCE RULE (a) The person or persons who executed it;
MEANING OF THE RULE
(b) The person before whom its execution was
When the subject of inquiry is the contents of a acknowledged; or
document, no evidence shall be admissible other (c) Any person who was present and saw it
than the original document itself. [Rule 130, Sec. 3] executed and delivered, or who, after its
execution and delivery, saw it and recognized
APPLICABILITY the signatures, or by a person to whom the
Only when the subject of inquiry is the contents of a parties to the instruments had previously
document [Rule 130, Sec. 3] confessed the execution thereof. [Director of
Lands v. CA (1971)]
The BER does not apply when the issue is only as to
WON such document was actually executed or in the (2) When the original is in the custody or under the
circumstances relevant to its execution. [People v control of the party against whom it is offered,
Tandoy (1990)] and the latter fails to produce it after reasonable
notice
As applied in the case of affidavits and depositions:
(3) When the original consists of numerous accounts
Affidavits and depositions are considered as not or other documents which cannot be examined in
being the best evidence, hence not admissible if the court without great loss of time, and the fact
affiants or deponents are available as witnesses. sought to be established from them is only the
[Regalado citing 4 Martin, op cit., p. 82] general result of the whole

MEANING OF “ORIGINAL DOCUMENT” (4) When the original is a public record in the custody
(1) One the contents of which are the subject of of a public officer or is recorded in a public office
inquiry
(2) All such copies executed at or about the same (5) When the original is outside the jurisdiction of the
time, and with identical contents court, secondary evidence is admissible [PNB v.
Olila (98 Phil 1002)]
Note: Carbon copies are deemed duplicate RULES ON ELECTRONIC EVIDENCE
originals. [People v Tan (1959)] [A.M. NO. 01-7-01- SC]

(3) All such entries made and repeated in the regular APPLICABILITY
course of business, at/near the time of the The Rules on Electronic Evidence applies only to civil
transaction [Rule 130, Sec. 4] actions, quasi-judicial proceedings and
administrative proceeding, not to criminal action.
REQUISITES FOR INTRODUCTION OF SECONDARY EVIDENCE [Ang v. CA (2010)]
(EXCEPTIONS TO BER)
(1) When the original has been lost or destroyed, or MEANING OF ELECTRONIC DEVICE; ELECTRONIC DATA
cannot be produced in court, without bad faith on MESSAGE
the offeror’s part Electronic document
 Proponent must prove due execution, loss, (1) Information or the representation of information,
destruction or unavailability of the original data, figures, symbols or other modes of written
(Rule 130, Sec. 5) and reasonable diligence and expression,
good faith in the search for/attempt to produce (2) Described or however represented, by which a
the original [Tan v. CA (1985)] right is established or an obligation extinguished,
or by which a fact may be proved and affirmed,

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(3) Which is received, recorded, transmitted, stored (5) The nature and quality of the information which
processed, retrieved or produced electronically. went into the communication and information
(4) It includes digitally signed documents and any system upon which the electronic data message
print-out or output, readable by sight or other or electronic document was based; or
means, which accurately reflects the electronic (6) Other factors which the court may consider as
data message or electronic document. affecting the accuracy or integrity of the
electronic document or electronic data message.
For purposes of these Rules, the term “electronic
document” may be used interchangeably with In any dispute involving the integrity of the
electronic data message”. information and communication system in which an
electronic document or electronic data message is
Electronic data message recorded or stored, the court may consider, among
Information generated, sent, received or stored by others, the following factors:
electronic, optical or similar means (1) Whether the information and communication
system or other similar device was operated in a
PROBATIVE VALUE OF ELECTRONIC DOCUMENTS OR manner that did not affect the integrity of the
EVIDENTIARY WEIGHT; METHOD OF PROOF electronic document, and there are no other
Factors in assessing evidentiary weight of electronic reasonable grounds to doubt the integrity of the
evidence [Rule 7, Sec. 1] information and communication system;
In assessing the evidentiary weight of an electronic (2) Whether the electronic document was recorded
document, the following factors may be considered: or stored by a party to the proceedings with
(1) The reliability of the manner or method in which it interest adverse to that of the party using it; or
was generated, stored or communicated, (3) Whether the electronic document was recorded
including but not limited to or stored in the usual and ordinary course of
(a) Input and output procedures, business by a person who is not a party to the
(b) Controls, tests and checks for accuracy and proceedings and who did not act under the
reliability of the electronic data message or control of the party using it.
document,
(c) In the light of all the circumstances as well as Text messages have been classified as “ephemeral
any relevant agreement; electronic communication” under Section 1(k), Rule 2
(2) The reliability of the manner in which its of the Rules on Electronic Evidence, and “shall be
originator was identified; proven by the testimony of a person who was a party
(3) The integrity of the information and to the same or has personal knowledge thereof.”
communication system in which it is recorded or [Vidallon-Magtolis v. Salud (2005)]
stored, including but not limited to the hardware
and computer programs or software used as well Method of Proof
as programming errors; (1) Affidavit of Evidence [Rule 9, Sec. 1]
(a) Whether the information and communication (a) Must state facts:
system or other similar device was operated in (i) Of direct personal knowledge, or
a manner that did not affect the integrity of (j) Based on authentic records
the electronic document, and there are no (b) Must affirmatively show the competence of
other reasonable grounds to doubt the the affiant to testify on the matters contained
integrity of the information and in the affidavit
communication system [Rule 7, Sec. 2]; (2) Cross-Examination of Deponent [Rule 9, Sec. 2]
(b) Whether the electronic document was (a) Affiant shall affirm the contents of the
recorded or stored by a party to the affidavit in open court.
proceedings with interest adverse to that of (b) Affiant may be cross-examined as a matter of
the party using it [Rule 7, Sec. 2]; or right by the adverse party.
(c) Whether the electronic document was
recorded or stored in the usual and ordinary AUTHENTICATION OF ELECTRONIC DOCUMENTS &
course of business by a person who is not a ELECTRONIC SIGNATURES
party to the proceedings and who did not act [Rule 5, secs. 1 to 3; Rule 11, secs. 1 to 2, Rules on
under the control of the party using it [Rule 7, electronic evidence]
Sec. 2]
(4) The familiarity of the witness or the person who Of Electronic Documents
made the entry with the communication and Burden of proving authenticity: The person seeking
information system; to introduce the electronic document [Rule 5, Sec. 1]

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PAROL EVIDENCE
Manner of Authentication: MEANING OF PAROL EVIDENCE
(1) By evidence that it had been digitally signed by Any evidence aliunde, whether oral or written, which
the person purported to have signed the same; is intended or tends to vary or contradict a complete
(2) By evidence that other appropriate security and enforceable agreement embodied in a
procedures or devices as may be authorized by document. [Regalado]
the Supreme Court or by law for authentication of
electronic documents were applied to the
document; or APPLICATION OF THE PAROL EVIDENCE RULE
(3) By other evidence showing its integrity and General Rule
reliability to the satisfaction of the judge. [Rule 5, When the terms of an agreement (including wills)
Sec. 2] have been reduced to writing, it is considered as
containing all the terms agreed upon and there can
Of Electronic Signatures [Rule 6, Sec. 2] be, between the parties and their successors in
(1) By evidence that a method or process was utilized interest, no evidence of such terms other than the
to establish a digital signature and verify the contents of the written agreement. [Rule 130, Sec. 9]
same;
(2) By any other means provided by law; or Exception
(3) By any other means satisfactory to the judge It does not apply when 3rd parties are involved.
[Lechugas v. CA (1986)]
ELECTRONIC DOCUMENTS & THE HEARSAY RULE
Business Records as Exception to the Hearsay Rule WHEN PAROL EVIDENCE CAN BE INTRODUCED
What Constitute Business Records: Records of any (1) When a party presents parol evidence to modify,
business, institution, association, profession, explain or add to the terms of a written
occupation, and calling of every kind, whether or not agreement
conducted for profit, or for legitimate purposes [Rule (2) Ground/s for presenting parol evidence is put in
2, Sec. 1b] issue in the pleading

Requisites Grounds for presenting parol evidence:


(1) Made by electronic, optical or other similar means (1) An intrinsic ambiguity, mistake or imperfection in
(2) Made at or near the time of or from transmission the written agreement
or supply of information (a) Intrinsic ambiguity – writing admits of two
(3) Made by a person with knowledge thereof constructions both of which are in harmony
(4) Kept in the regular course or conduct of a with the language used
business activity, Note: If ambiguity is intermediate (both latent
(5) Such was the regular practice to make the and patent), parol evidence is admissible
memorandum, report, record, or data compilation [Regalado citing 20 Am. Jur 1011]
by electronic, optical or similar means (b) Mistake refers to mistake of fact which is
(6) Abovementioned facts shown by the testimony of mutual to the parties [BPI v. Fidelity and
the custodian or other qualified witnesses [Rule 8, Surety, Co, 1927]
Sec. 1] (c) Imperfection – includes inaccurate statement
in the agreement or incompleteness in the
Exception to the Exception writing or the presence of inconsistent
(1) Untrustworthiness of the source of information provisions [Regalado]
(2) Untrustworthiness of the method of the (2) Failure of the written agreement to express the
preparation, transmission or storage thereof true intent and agreement of the parties thereto
(3) Untrustworthiness of the circumstances of the Purpose: To enable court to ascertain the true
preparation, transmission or storage thereof [Rule intention of the parties [Tolentino v. Gonzales Sy
8, Sec. 2] Chiam (1927)]
(3) Validity of the written agreement—Parol Evidence
AUDIO, PHOTOGRAPHIC, VIDEO & EPHEMERAL EVIDENCE may be admitted to show:
If the foregoing communications are recorded or (a) True consideration of a contract
embodied in an electronic document, then the (b) Want/Illegality of consideration
provisions of Rule 5 (“Authentication of Electronic (c) Incapacity of parties
Documents”) shall apply. (d) Fictitious/simulated contract
(e) Fraud in inducement [Regalado]

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(4) Existence of other terms agreed to by the parties Private Public


or their successors in interest after the execution
of the written agreement. and authenticity must be execution and
proved authenticity
Collateral agreements
General Rule: Parol evidence rules apply Private documents
Exceptions: General Rule: When offered as authentic,
(a) Collateral agreement is not inconsistent with the authentication is necessary
terms of the written contract
(b) Collateral agreement has not been integrated in How to Prove Due Execution and Authenticity
and is independent of the written contract (1) By anyone who saw the document executed or
(c) Collateral agreement is subsequent to and written; OR
novatory of the written contract (2) By evidence of the genuineness of the signature
(d) Collateral agreement constitutes a condition or handwriting of the maker [Rule 132, Sec. 20]
precedent which determines whether the written
contract may become operative or effective (does Additional Modes of Authentication under American
not apply to conditions subsequent not stated in Jurisprudence [Regalado]
the agreement) [Regalado] (1) Doctrine of Self-Authentication
Where the facts in writing could only have been
DISTINCTIONS BETWEEN BEST EVIDENCE RULE & PAROL known by the writer
EVIDENCE RULE (2) Rule of Authentication by Adverse Party
Best evidence rule Parol evidence rule Where the reply of the adverse party refers to and
affirms the transmittal to him and his receipt of the
Contemplates situation Presupposes that the letter in question, a copy of which the proponent is
wherein original writing is original document is offering as evidence
not available and/or available in court
there is a dispute as to When evidence of authenticity of a private writing is not
whether said writing is required
the original (1) Ancient Documents – Authentication NOT
Prohibits introduction of Prohibits the varying of necessary provided that private document be:
substitutionary evidence the terms of a written (a) More than 30 years old;
in lieu of original agreement (b) Produced from the custody in which it would
document regardless of naturally be found if genuine; and
whether it varies the (c) Unblemished by any alterations or
contents of the original circumstances of suspicion. [Rule 132, Sec. 21]
Note: Other instances when authentication is not
Applies to all kinds of Applies only to required:
documents documents contractual in (a) Writing is a public document/record [Rule 132,
nature (Exception: Wills) Sec. 19]
Can be invoked by any Can be invoked only (b) Notarial document acknowledged,
party to an action when the controversy is proved/certified [Rule 132, Sec. 30]
regardless of whether or between the parties to (c) When authenticity and due execution has
not such party the written agreement, been admitted [See Rule 8, Sec. 8]
participated in the writing their privies or any party (d) That which it is claimed to be: Authentication
involved directly affected thereby not necessary [Rule 132, Sec. 20]

AUTHENTICATION AND PROOF OF DOCUMENTS How to prove genuineness of handwriting


MEANING OF AUTHENTICATION
(1) By any witness who believes it to be the
Preliminary step in showing the admissibility of handwriting of such person because:
evidence (a) He has seen the person write;
(b) He has seen writing purporting to be his upon
PUBLIC AND PRIVATE DOCUMENTS
which the witness has acted or been charged,
and has thus acquired knowledge of the
Private Public handwriting of such person [Rule 132, Sec. 22]
(2) A comparison by the witness or the court of the
When offered as Admissible without
questioned handwriting, and admitted genuine
authentic, due execution further proof of its due
specimens thereof or proved to be genuine to the

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satisfaction of the judge [Rule 132, Sec. 22] (2) Certificate


(3) Expert evidence [Rule 130, Sec. 49] (a) Accompanying the written statement
(b) Must state that that such officer has the
Public documents custody
Kinds of public documents
(1) Written official acts or records of the official acts WHAT TO ESTABLISH TO IMPEACH JUDICIAL RECORD
of the sovereign authority, official bodies and [RULE 132, SEC. 29]
tribunals, and public officers, whether of the (1) Want of jurisdiction in the court or judicial officer;
Philippines or of a foreign country (2) Collusion between the parties; OR
(2) Public records, kept in the Philippines, of private (3) Fraud in the party offering the record, with
documents required by law to be entered therein respect to the proceedings
(3) Notarial documents (except last wills and
testaments) [Rule 132, Sec. 19] PROOF OF NOTARIAL DOCUMENTS
Notarial Documents (except last wills and
Proof of public documents testaments) [Rule 132, Sec. 30]
Records of Official Acts [Rule 132, Sec. 24] (1) May be presented in evidence without further
(1) By an official publication thereof; or proof, the certificate of acknowledgment being
(2) By an attested copy of the document prima facie evidence of the execution of the
instrument or document involved.
Note: Documents without documentary stamp (2) Such notarized documents are evidence, even
affixed thereto, unless specifically exempted by law, against 3rd persons, of the facts which gave rise
may not be admitted or used in evidence in any court to their execution and of the date of execution.
until the requisite stamp shall have been affixed. [Rule 132, Sec. 23]
[Sec. 201, NIRC] Also, there is a presumption that the
requisite stamps have been affixed in the original ALTERATIONS IN A DOCUMENT
copy when only the carbon copies of the same are [RULE 132, SEC. 3]
available. [Mahilum v CA (1966)] Requisites
(1) Document is being presented as genuine;
ATTESTATION OF A COPY (2) Document has been altered and appears to have
[RULE 132, SEC. 25] been altered;
(1) Must be made by the officer having the legal (3) Alteration was made after execution of the
custody of the record, or by his deputy document; and
(2) Must state that the copy is a correct copy of the (4) Alteration is in a part material to the question in
original or a specific part thereof, as the case may dispute
be
(3) Must be under the official seal of the attesting What to Show about the Alteration
officer, if there be any, or if he be the clerk of a (1) Was made by another, without his concurrence;
court having a seal, under the seal of such court (2) Was made with the consent of the parties
affected by it;
If the record is not kept in the Philippines, attested (3) Was otherwise properly or innocently made; or
copy must be accompanied with a certificate, which (4) Did not change the meaning or language of the
(1) May be made by a secretary of the instrument.
embassy/legation, consul-general, consul, vice-
consul, consular agent or any officer in the Whose Burden of Proof
foreign service of the Philippines stationed in the Party producing the document must account for the
foreign country in which the record is kept; alteration. Failure to do so would result in the
(2) Must state that such officer has the custody; and inadmissibility of evidence.
(3) Must be authenticated by the seal of his office.
DOCUMENTARY EVIDENCE IN AN UNOFFICIAL LANGUAGE
PROOF OF LACK OF RECORD [RULE 132, SEC. 33]
[RULE 132, SEC. 28] NOT admissible unless accompanied by a translation
(1) Written statement into English or Filipino.
(a) Signed by an officer having the custody of an
official record or by his deputy Parties or their attorneys are directed to have the
(b) Must state that after diligent search, no record translation prepared before trial.
or entry of a specified tenor is found to exist in
the records of his office

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Effect if Witness Has Interest in the Subject Matter


Testimonial Evidence A person is not disqualified (except if covered by the
Dead Man’s statute). The effect is only on credibility,
but not competency.
WITH RESPECT TO A WITNESS
Relationship
QUALIFICATIONS OF A WITNESS Mere relationship does not impair credibility. To
[RULE 130, SEC. 20] warrant rejection, it must be clearly shown:
All persons who can perceive, and, perceiving, can (1) Testimony was inherently improbable or defective
make their known perception to others, may be (2) Improper/evil motives had moved the witness to
witnesses. incriminate falsely
Religious/political belief, interest in the outcome of BY REASON OF MENTAL INCAPACITY OR IMMATURITY
the case, or conviction of a crime unless otherwise Mental Incapacity [Rule 130, Sec. 21a]
provided by law, shall not be ground for Requisites:
disqualification. (1) Person must be incapable of intelligently making
known his perception to others
WHEN DETERMINED (2) His incapability must exist at the time of his
At the time the said witness are produced for production for examination
examination/at the taking of their depositions
A mental retardate is not for this reason alone
Note: With respect to children of tender years, disqualified from being a witness. Acceptance of his
competence at the time of the occurrence is also testimony depends on its nature and credibility or,
taken into account. otherwise put, the quality of his perceptions and the
manner he can make them known to the court.
IN CASE PERSON IS CONVICTED OF A CRIME [People v. Salomon (1993)]
General Rule: Not disqualified
Exceptions: If the person is convicted of: Immaturity [Rule 130, Sec. 21b]
(a) Falsification of documents, Requisites:
(b) Perjury, or (1) Mental maturity of the witness (child) must
(c) False testimony render him incapable of perceiving the facts
respecting which he is examined.
COMPETENCY VS. CREDIBILITY OF A WITNESS (2) He is incapable of relating his perception
Competency Credibility truthfully.

A matter of law and of Has nothing to do with Incapacity must occur at the time the witness
rules the law or rules perceives the event.
Refers to the basic Refers to the weight and
qualifications of a witness trustworthiness or Unsound mind
as his capacity to perceive reliability of the testimony (a) Includes any mental aberration
and his capacity to (organic/functional), induced by drugs/hypnosis
communicate his (b) Not disqualified as long as the witness can
perception to others convey ideas by words/signs

Deaf-Mutes
DISQUALIFICATIONS OF A WITNESS Not disqualified when they can understand and
(1) Disqualification by reason of mental incapacity or appreciate sanctity of oath, can comprehend facts
immaturity; that they are going to testify to and communicate
(2) Disqualification by reason of marriage; through a qualified interpreter
(3) Disqualification by reason of death or insanity of
adverse party; Child Witness
(4) Disqualification by reason of privileged Must have capacity for observation, recollection and
communication; communication
(5) Disqualification by reason of parental and filial
privilege BY REASON OF MARRIAGE
Also known as “Marital Disqualification Rule” or
“Spousal Immunity”

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(2) He may also testify where he was the one sued by


Requisites the decedent’s estate since the action then is not
(1) Marriage is valid and existing as of the time of the against the estate. [Tongco v. Vianzon (1927)]
offer of testimony. (3) He may likewise testify where the estate had filed
(2) Other spouse is a party to the action. a counterclaim against him or where the estate
cross-examined him as to matters occurring
Exceptions [Rule 130, Sec. 22] during the lifetime of the deceased. [Goñi v. CA
Spouse MAY testify for or against the other even (1986)]
without the consent of the latter: (4) No application to a mere witness
(1) In a civil case by one against the other (5) No application to nominal parties, officers and
(2) In a criminal case for a crime committed by one stockholders against corporations
against the other or the latter's direct (6) Cannot be used in a negative testimony
descendants/ascendants. (7) If the testimony is offered to prove a claim less
than what is written
Rationale [Alvarez v. Ramirez (2005)] (8) If the defendant did not object
(1) There is identity of interests between husband (9) When there is an existence of fraud
and wife; (10) When the party cross-examines the witness
(2) If one were to testify for or against the other,
there is a consequent danger of perjury; Rationale
(3) Policy of the law is to guard the security and To discourage perjury and protect the estate from
confidence of private life, and to prevent domestic fictitious claims
disunion and unhappiness; and
(4) Where there is want of domestic tranquility, there Note: On applicability—The DMS is still applicable
is danger of punishing one spouse through the even if the property has already been judicially
hostile testimony of the other. adjudicated to the heirs regardless whether the
deceased died before or after the suit.
If the husband imputed the conviction to the wife,
then marital disqualification is waived. PRIVILEGED COMMUNICATIONS
(1) Husband and wife (marital privilege) [Rule 130,
If the spouse is a co-accused, he/she cannot be Sec. 24a]
called as an adverse party witness under this Rule. (2) Attorney and client [Sec. 24(b), Rule 130]
(3) Physician and patient [Sec. 24(c), Rule 130]
BY REASON OF DEATH OR INSANITY OF ADVERSE PARTY (4) Priest and penitent [Sec. 24(d), Rule 130]
Also known as “Dead Man’s Statute” or “Survivorship (5) Other privileged communication not in the ROC
Rule” (a) Newsman’s privilege
(b) Information in conciliation proceedings
Requisites [Rule 130, Sec. 23] (c) Data Privacy Act
(1) Defendant is the executor or administrator or a (6) Parental and filial privilege rule [Sec. 25, Rule 130]
representative of the deceased or of the person of
unsound mind; Husband and wife
(2) Suit is upon a claim by the plaintiff against the Rationale
estate of said deceased or person of unsound Confidential nature of the privilege; to preserve
mind; marital and domestic relations
(3) Witness is the plaintiff, or an assignor of that
party, or a person in whose behalf the case is Requisites
prosecuted; and (1) There must be a valid marriage between the
(4) Subject of the testimony is as to any matter of husband and wife;
fact occurring before the death of such deceased (2) There is a communication received in confidence
person or before such person became of unsound by one from the other; and
mind. (3) The confidential communication was received
during the marriage.
When the Dead Man’s Statute Is Inapplicable
(1) The survivor may testify against the estate of the A widow of a victim allegedly murdered may testify
deceased where the latter was guilty of fraud as to her husband’s dying declaration as to how he
which fraud was established by evidence other died the since the same was not intended to be
than the testimony of the survivor. [Ong Chua v. confidential. [US v. Antipolo (1918)]
Carr (1929)]

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(4) When the communication was intended for an


When Not Applicable unlawful purpose
(1) When the communication was not intended to be (5) When the communication was received from third
kept in confidence persons not acting in behalf/as agents of clients
(2) When the communication was made prior to the (6) When the communication was made in the
marriage presence of third parties stranger to the attorney-
(3) When the communication was overheard/comes client relationship
into the hands of a third party whether legally or (7) When the communication has something to do
not with a client’s contemplated criminal act [People
(4) Waiver of the privilege v. Sandiganbayan (1997)] [Regalado]
(5) In a civil case by one against the other
(6) In a criminal case for a crime committed by one General Rule: The attorney-client privilege may not
against the other or the latter's direct be invoked to refuse to divulge the identity of the
descendants/ascendants. client.

In Contrast to Marital Disqualification Exceptions [Regala v. Sandiganbayan (1996)]:


Marital Disqualification Marital Privilege (1) When a strong probability exists that revealing
the name would implicate that person in the very
One spouse should be a Neither of the spouses same activity for which he sought the lawyer’s
party to the case; needs to be a party; advice;
(2) When disclosure would open the client to liability;
Applies only if the Does not cease even after
(3) When the name would furnish the only link that
marriage is existing at the the marriage is dissolved;
would form the chain of testimony necessary to
time the testimony is and
convict.
offered; and
Constitutes a total Prohibition is limited to Physician and patient
prohibition on any testimony on confidential Requisites
testimony for or against communications between (1) Physician is authorized to practice medicine,
the spouse of the witness. spouses. surgery or obstetrics;
(2) Information was acquired or the advice or
Attorney and client treatment was given by him in his professional
Requisites capacity for the purpose of treating and curing
(1) There must be a communication made by the the patient;
client to the attorney or an advice given by the (3) Information, advice or treatment, if revealed,
attorney to his client; would blacken the reputation of the patient; and
(2) The communication must have been given in (4) Privilege is invoked in a civil case, whether or not
confidence; and the patient is a party thereto.
(3) The communication or advice must have been
given either in the course of the professional Where Applicable:
employment or with a view to professional (a) All forms of communication, advice or treatment
employment. (b) Information acquired by the physician from his
personal observations and examination of the
Attorney’s secretary, stenographer, or clerk are also patient
covered by the rule and cannot be examined
concerning any fact the knowledge of which has Physician-patient relationship need not be entered
been acquired in such capacity without the consent into voluntarily.
of the client AND their employer.
When Not Applicable:
When Not Applicable (a) Communication was not given in confidence
(1) When the communication made was not for the (b) Communication was irrelevant to the professional
purpose of creating relationship (even if employment
afterwards he become counsel) (c) Communication was made for an unlawful
(2) When the communication was intended to be purpose
made public (d) Communication was intended for the
(3) When the communication was intended to be commission/concealment of a crime
communicated to others (e) Communication was intended to be made
public/divulged in court

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(f) When there was a waiver Parental and filial privilege rule
(g) When the doctor was presented as an expert General Rule: A person cannot be compelled to
witness and only hypothetical problems were testify against his parents (parental privilege), other
presented to him. [Lim v. CA (1992)] direct ascendants, children or other direct
descendants (filial privilege).
Priest and penitent
Requisites Exception [Art. 215, Family Code]: Descendant may be
(1) Confession was made to, or advice given by him compelled to give his testimony:
pursuant to a religious duty enjoined in the (1) In a criminal case; and
course of discipline of the sect or denomination of (2) When such testimony is indispensable in a crime
the priest. committed against said descendant; or
(2) Confession or advice was confidential and (3) In a crime committed by one parent against the
penitential in character. other.

Public officers EXAMINATION OF WITNESSES


Requisites
(1) Communication was made to the public officer in RIGHTS AND OBLIGATIONS OF A WITNESS
official confidence; and [RULE 132, SEC. 3]
(2) Public interest would suffer by the disclosure of
such communication. Obligation of a witness
To answer questions, although his answer may tend
Elements of “presidential communications privilege” to establish a claim against him.
(1) Must relate to a “quintessential and non-
delegable presidential power;” Rights of a witness
(2) Must be authored or “solicited and received” by a (1) To be protected from irrelevant, improper, or
close advisor of the President or the President insulting questions, and from harsh or insulting
himself; and demeanor
(3) Privilege may be overcome by a showing of (2) Not to be detained longer than the interests of
adequate need such that the information sought justice require
“likely contains important evidence” and by the (3) Not to be examined except only as to matters
unavailability of the information elsewhere. [Neri pertinent to the issue
v. Senate (2008)] (4) Not to give an answer which will tend to subject
him to a penalty for an offense unless otherwise
Other Privileged Communication not in the ROC: provided by law, e.g., Sec. 8, RA 1379 and other
Newsman’s Privilege [RA 53, as amended by RA 1477] immunity statutes which grant the witness
General Rule: Publisher, editor or duly accredited immunity from criminal prosecution for offenses
reporter cannot be compelled to reveal the source of admitted
any news report or information related in confidence (5) Not to give an answer which will tend to degrade
his reputation, unless it to be the very fact at issue
Exception: Court/House/Committee in Congress or to a fact from which the fact in issue would be
finds that such revelation is demanded by security of presumed. But a witness must answer to the fact
the State of his previous final conviction for an offense.

Information in Conciliation Proceedings One-Day Examination of Witness Rule


All information and statements made at conciliaton [AM 03-1-09-SC] [2009 BAR]
proceedings shall be treated as privileged A witness has to be fully examined in one (1) day
communications. [Art. 233, Labor Code] only. It shall be strictly adhered to subject to the
courts' discretion during trial on whether or not to
Data Privacy Act extend the direct and/or cross-examination for
Personal information controllers may invoke the justifiable reasons.
principle of privileged communication over privileged
information that they lawfully control or process. ORDER IN THE EXAMINATION OF AN INDIVIDUAL WITNESS
Subject to existing laws and regulations, any [RULE 132, SEC. 4]
evidence gathered on privileged information is (1) Direct examination
inadmissible. [Sec. 15, RA 10173] (2) Cross examination
(3) Re-direct examination
(4) Re-cross examination

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Direct Examination [Rule 132, Sec. 4] LEADING AND MISLEADING QUESTIONS


Who conducts: Proponent [RULE 132, SEC. 10]
Why conducted: Examination-in-chief of a witness
by the party presenting him, on the facts Questions not allowed
relevant to the issue. (1) Misleading Questions [Sec. 10, Rule 132]
(a) Questions that assume as true a fact not yet
testified to by the witness, or contrary to that
Cross Examination [Rule 132, Sec. 6] which he has previously stated.
Who conducts: Opponent (b) NEVER allowed
When conducted: Upon the termination of the (2) Leading Questions
direct examination Questions that suggest to the witness the answer,
Why conducted: To test the witness’s accuracy which the examining party desires.
and truthfulness, and freedom from interest
General Rule: Leading questions are not allowed.
or bias, or the reverse, and to elicit all
important facts bearing upon the issue
Exceptions:
What matters are covered: Any matters stated in
(1) On cross examination;
the direct examination, or connected
(2) On preliminary matters;
therewith
(3) When there is a difficulty is getting direct and
intelligible answers from a witness who is
ignorant, or a child of tender years, or is of feeble
Re-Direct Examination [Rule 132, Sec. 7] mind, or a deaf-mute;
Who conducts: Proponent (4) On an unwilling or hostile witness;
When conducted: After cross-examination of the A witness may be considered hostile only when
witness declared by the court, upon adequate showing
Why conducted: To explain or supplement his of his: [Sec. 12, Rule 132]
answers given during the cross-examination (a) Adverse interest;
What matters are covered: Those stated in the (b) Unjustified reluctance to testify;
cross-examination, and matters not dealt with, (c) His having misled the party into calling him
if allowed by the Court to the witness stand.
(5) On a witness who is an adverse party or an
officer/director or managing agent of a
Re-Direct Examination [Rule 132, Sec. 7] public/private corporation or of a
Who conducts: Opponent partnership/association which is an adverse
When conducted: Upon the conclusion of the re- party.
direct examination
METHODS OF IMPEACHMENT OF ADVERSE PARTY’S
What matters are covered: Those stated in his re-
WITNESS
direct examination, and also on such other
[RULE 132, SEC. 11]
matters as may be allowed by the court in its
(1) By contradictory evidence;
discretion.
(2) By evidence that his general reputation for truth,
honesty or integrity is bad;
(3) By evidence that he has made at other times
Recalling the Witness [Rule 132, Sec. 9]
statements inconsistent with his present
Who conducts: Either party
testimony.
When conducted: After both sides have
concluded the examination of a witness, and How the Witness Is Impeached by Evidence of
with leave of court Inconsistent Statements (Laying the Predicate)
Why conducted: Elements
(1) Particularly identified material points were (1) The alleged statements must be related to the
not covered in cross-examination witness including the circumstances of the times
(2) Particularly described vital documents were and places and the persons present. If the
not presented to the witness statements are in writing they must be shown to
(3) Cross-examination was conducted in so inept him.
a manner as to result in a virtual absence
thereof [People v. Rivera (1991)]

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(2) Witness may be asked whether he made such Content [Sec. 3]


statements and also to explain them if he admits A judicial affidavit shall be prepared in the language
making those statements. known to the witness and, if not in English or Filipino
accompanied by a translation in English or Filipino,
Purpose and shall contain the following:
To allow the witness to admit or deny the prior (a) The name, age, residence or business address,
statement and afford him an opportunity to explain and occupation of the witness;
the same. (b) The name and address of the lawyer who
Evidence of the good character of a witness conducts or supervises the examination of the
Evidence of the witness’ good character is not witness and the place where the examination is
admissible until such character has been impeached being held;
[Sec. 14, Rule 132] (c) A statement that the witness is answering the
questions asked of him, fully conscious that he
JUDICIAL AFFIDAVIT RULE does so under oath, and that he may face
[AM 12-8-8-SC] criminal liability for false testimony or perjury;
(d) Questions asked of the witness and his
Scope [Sec. 1] corresponding answers, consecutively numbered,
Applies to all actions and proceedings, and incidents that:
requiring the reception of evidence before the courts, (1) Show the circumstances under which the
quasi-judicial bodies, whose rules of procedure are witness acquired the facts upon which he
subject to disapproval of the Supreme Court, insofar testifies;
as their existing rules of procedure contravene the (2) Elicit from him those facts which are relevant
provisions of this Rule, and investigating officers and to the issues that the case presents; and
bodies authorized by the SC to receive evidence, (3) Identify the attached documentary and object
including the IBP evidence and establish their authenticity;
(e) The signature of the witness over his printed
Submission of Judicial Affidavits and Exhibits in Lieu name; and
of Direct Testimonies. [Sec. 2] (f) A jurat with the signature of the notary public who
(a) The parties shall file with the court and serve on administers the oath or an officer who is
the adverse party, personally or by licensed authorized by law to administer the same.
courier service, not later than five days before
pre-trial or preliminary conference or the The judicial affidavit shall also contain a sworn
scheduled hearing with respect to motions and attestation executed by the lawyer who conducted or
incidents, the following: supervised the examination of the ·witness, to the
(1) The judicial affidavits of their witnesses, which effect that:
shall take the place of such witnesses' direct (1) He faithfully recorded or caused to be recorded
testimonies; and the questions he asked and the corresponding
(2) The parties' documentary or object evidence, if answers that the witness gave; and
any, shall be marked and attached to the (2) Neither he nor any other person then present or
judicial affidavits assisting him coached the witness regarding the
(b) Should a party or a witness desire to keep the latter's answers. [Sec. 4]
original document or object evidence in his
possession, he may, after the same has been A false attestation shall subject the lawyer
identified, marked as exhibit, and authenticated, mentioned to disciplinary action, including
warrant in his judicial affidavit that the copy or disbarment. [Sec. 4]
reproduction attached to such affidavit is a
faithful copy or reproduction of that original. In How to Offer [Sec. 6]
addition, the party or witness shall bring the State the purpose of such testimony at the start of
original document or object evidence for the presentation of the witness
comparison during the preliminary conference
with the attached copy, reproduction, or pictures, Objection [Sec. 6]
failing which the latter shall not be admitted Adverse party may move to disqualify the witness or
to strike out his affidavit or any of the answers found
This is without prejudice to the introduction of in it on ground of inadmissibility
secondary evidence in place of the original when
allowed by existing rules.

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Offer and Objections to Exhibits [Sec. 8] WITH RESPECT TO THE TESTIMONY


Offer
When made: Upon the termination of the testimony ADMISSIONS & CONFESSIONS
of his last witness ADMISSIONS OF A PARTY
Admission
How made: Party shall immediately make an oral Any statement of fact made by a party against his
offer of evidence of his documentary or object interest/unfavorable to the conclusion for which he
exhibits, piece by piece, in their chronological contends/is inconsistent with the facts alleged by
order, stating the purpose or purposes for which him
he offers the particular exhibit.
It must:
Objection (1) Involve matters of fact, not of law
Made after each piece of exhibit is offered (2) Be categorical and definite
How made: Party shall state the legal ground for his (3) Knowingly and voluntarily made
objection, if any, to its admission.
By Act, Declaration or Omission
The court shall immediately make its ruling Requisites for Admissibility
respecting that exhibit. (1) Made by a party;
(2) Outside of court;
Note: It is sufficient that the exhibits are simply cited (3) Relates to a relevant fact; and
by their markings during the offers, the objections, (4) Is against admitter’s interest. [Sec. 26, Rule 130]
and the rulings, dispensing with the description of
each exhibit. Effect
May be given in evidence against the admitter [Sec.
Effect of Non-compliance [Sec. 10] 26, Rule 130]
Party who fails to submit is deemed to have waived
the submission of the same. The court, however, may Note: Flight from justice is an admission by conduct
allow, only once, late submission, provided the delay and circumstantial evidence of consciousness of
is for a valid reason and the defaulting party pays a guilt. [US v. Sarikala (1918)]
fine.
Rationale
Court shall not consider affidavit of witness who fails No man would make any declaration against himself
to appear at the scheduled hearing. Counsel who unless it is true. [Republic v. Bautista (2007)]
failed to appear shall be deemed to have waived his
client’s right to cross-examine the witnesses there As Distinguished from Judicial Admissions
present.
Judicial Extrajudicial
Judicial affidavits that do not conform with the Made in connection with Any other admission [Rule
requirements cannot be admitted as evidence. a judicial proceeding in 130, Secs. 26 and 32]
which it is offered [Rule
Issuance of Subpoena [Sec. 5] 129, Sec. 4]
If the government employee or official, or the
requested witness, who is neither the witness of the
adverse party nor a hostile witness, unjustifiably By Silence
declines to execute a judicial affidavit or refuses Requisites for Admissibility:
without just cause to make the relevant books, When silence is deemed an admission: [People v.
documents, or other things under his control Paragsa (84 SCRA 105)]
available for copying, authentication, and eventual (1) Person heard or understood the statement;
production in court, the requesting party may avail (2) That he was at a liberty to make a denial;
himself of the issuance of a subpoena ad (3) That the statement was about a matter affecting
testificandum or duces tecum under Rule 21 of the his rights or in which he was interested and which
Rules of Court. The rules governing the issuance of a naturally calls for a response;
subpoena to the witness in this case shall be the (4) That the facts were within his knowledge; and
same as when taking his deposition except that the (5) That the fact admitted from his silence is material
taking of a judicial affidavit shall be understood to be to the issue
ex parte.

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When not applicable: Admission Confession


(1) Statements adverse to the party were made in
the course of an official investigation, neither fact or liability
asked to reply nor comment[Sec. 2(b), R.A. 7438]
Maybe express or tacit Must be express
(2) Party had justifiable reason to remain silent, ex.
Acting on advice of counsel [Regalado] Maybe made by 3rd Can be made only by the
parties, and in certain party himself, and
CONFESSIONS cases, admissible against admissible against his co-
A declaration of an accused acknowledging his guilt a party accused in some
of the offense charged, or of any offense necessarily instances
included therein [Sec. 33, Rule 130]
RES INTER ALIOS ACTA RULE
Requisites With Respect to Admissions by a “Third Party”
(1) Express and categorical acknowledgement of General Rule: Inadmissible. The rights of a party
guilt cannot be prejudiced by an act, declaration or
(2) Facts admitted constitutive of a criminal offense omission of another. (1st Branch) [Sec. 28, Rule 130]
(3) Given voluntarily
(4) Intelligently made, realizing the importance or Exceptions:
legal significance of the act (1) Partner’s or agent’s admission [Sec. 29, Rule 130]
(5) No violation of Secs. 12 and 17, Art. III of the (2) Co-Conspirator’s admission [Sec. 30, Rule 130]
Constitution [Regalado] (3) Admission by privies [Sec. 31, Rule 130]
If the accused admits having committed the act in Partner’s or Agent’s Admission
question but alleges a justification therefore, the The requisites are the following:
same is merely an admission. [Ladiana v. People (393 (a) Act or declaration must be within the scope of the
SCRA 419)] authority of the partner or agent;
(b) Act or declaration must have been made during
Any confession, including a re-enactment, without the existence of the partnership or agency; and
admonition of the right to silence and to counsel, (c) Partnership or agency must be shown by
and without counsel chosen by the accused is evidence other than the act or declaration.
inadmissible in evidence. [People v. Yip Wai Ming
(1996)] Co-Conspirator’s Admission
The requisites are the following:
General Rule: An extra-judicial confession made by (a) Act or declaration must relate to the conspiracy;
an accused is not a sufficient ground for conviction. (b) It must have been made during the existence of
[Sec. 3, Rule 133] the conspiracy; and
(c) Conspiracy must be shown by evidence other
Exception: When corroborated by evidence of the than such act/declaration.
actual commission of a particular crime (corpus
delicti). [Sec. 3, Rule 133] Existence of the conspiracy may be inferred from the
acts of the accused. [People v. Belen (1963)]
Effect of Extrajudicial Confession of Guilt:
General Rule: Not sufficient for conviction [Sec, 3, Rule 130, Sec. 30 applies only to extra-judicial
Rule 133] statements, not to testimony given on the stand.
[People v. Serrano (1959)]
Exception: Sufficient if corroborated by evidence of
corpus delicti [Sec. 3, Rule 133] As regards extrajudicial admissions after termination of
conspiracy, before trial. — General Rule: These
Corpus Delicti admissions are not admissible.
Substance of the crime; the fact that a crime has
actually been committed [People v. Gutierrez (258 Exceptions:
SCRA 70); People v. De Leon (2009)] (1) Made in the presence of the co-conspirator who
expressly/impliedly agreed (tacit admission)
As Distinguished from Admissions of a Party (2) Facts in admission are confirmed in the
Admission Confession independent extrajudicial confessions made by
the co-conspirators after apprehension
Merely a statement of Acknowledgment of guilt

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(3) As a circumstance to determine credibility of of witness but on knowledge of some other person
th
witness not on witness stand [Regalado 11 ed.]
(4) Circumstantial evidence to show the probability
of the latter’s participation [Regalado] Doctrine of Independently Relevant Statements
Statements or writings attributed to a person not on
Doctrine of Interlocking confessions [Regalado]. — the witness stand, which are being offered not to
Extrajudicial statements of co-accused may be taken prove the truth of the facts stated therein, but only to
into consideration in judging testimony of the prove that such were actually made.
witness, provided:
(a) Statements are made by several accused They are called as such because the statements are
(b) Identical in all material respects admissible for some relevant reason independent of
(c) There could have been no collusion their truth or falsity [Riano citing Am Jur]

They are admissible as: These are NOT covered by the hearsay rule [People v.
(a) Circumstantial evidence to show probability of Cusi (1965)]
participation
(b) Corroborative evidence if it is clear from other REASON FOR EXCLUSION OF HEARSAY EVIDENCE
facts and circumstances that other persons had Lack of opportunity to cross-examine the outside
participated in the perpetration of the crime declarant
charged and proved
GENERAL RULE ON HEARSAY
Admission by Privies A witness can testify only as to those facts which he
Privies. — Persons who are partakers or have an knows of his personal knowledge, or those derived
interest in any action or thing, or any relation to from his own perception. [Rule 130, Sec. 36]
another [Riano citing Black’s Law Dictionary]
The hearsay rule is not limited to oral testimony or
The requisites are the following: statements; it applies to written, as well as oral
(a) There must be an act, declaration or an omission statements. [Consunji v. CA (2001)]
by a predecessor-in-interest;
(b) Act, declaration or omission must have occurred If a party does not object to hearsay evidence, the
while he was holding (not after) the title to the same is admissible, as a party can waive his right to
property; and cross-examine [People v. Ola (1987)]
(c) Act, declaration or omission must be in relation to
the property. Repeated failure to cross-examine is an implied
waiver [Savory Luncheonette v. Lakas ng
With Respect to Similar Acts Manggagawang Pilipino (1975)]
General Rule: Evidence that one did or did not do a
certain thing at one time is NOT ADMISSIBLE to EXCEPTIONS
prove that he did or did not do the same or similar (1) Dying declaration
nd
thing at another time. (2 Branch) [Sec. 34, Rule 130] (2) Declaration against interest
(3) Act or declaration against pedigree
Exceptions: Said evidence may be received to prove: (4) Family reputation or tradition regarding pedigree
(1) Specific intent or knowledge; (5) Common reputation
(2) Identity; (6) Part of the res gestae [Sec. 42, Rule 130]
(3) Plan, system, or scheme; (7) Entries in the course of business
(4) Habit; (8) Entries in official records
(5) Custom, usage and the like. (9) Commercial lists and the like
(10) Learned treaties
HEARSAY RULE (11) Testimony or deposition at a former trial
MEANING OF HEARSAY (12) Exception to the hearsay rule on examination of
(1) Out-of-court statement child witness
(2) Offered by the witness in court to prove the truth
of the matters asserted by the statement Dying Declaration
Also known as “antemortem statement” or
Any evidence, whether oral or documentary, if its “statement in articulo mortis” [Sec. 37, Rule 130]
probative value is not based on personal knowledge

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Requisites for Admissibility


(1) Declaration is one made by a dying person; Inability to testify means that the person is dead,
(2) Declaration was made under the consciousness mentally incapacitated or physically incompetent.
of an impending death; Mere absence from the jurisdiction does not make
(3) Declaration refers to cause and surrounding him ipso facto unavailable. [Fuentes v. CA (1996)]
circumstances of such death;
(4) Declaration is offered in any case wherein his Declaration against interest made by the deceased,
death is the subject of inquiry; or by one unable to testify, is admissible even against
(5) Declarant is competent as a witness had he the declarant’s successors-in-interest or even against
survived [Geraldo v People (2008)]; and third persons [Sec. 38, Rule 130]
(6) Declarant should have died. [People v. Macandog
(2001)] As Distinguished from Admissions
Declaration against
Rationale for Admissibility Admission
interest
As a general rule, when a person is at the point of
death, every motive to falsehood is silenced. [People Admitter is a party Declarant is neither a
v Bacunawa (2001)] himself, or in privity with party nor in privity with a
such party; party;
The law considers the point of death as a situation so Admissible whether or Admissible only when
solemn and awful as creating an obligation equal to not admitter is available declarant is unavailable
that which is imposed by an oath administered by as a witness as a witness;
the court. [People v. Cerilla (539 SCRA 251)]
Can be made any time, Must have been made
even during trial; ante litem motam;
The foreboding may be gleaned from surrounding
circumstances, such as the nature of the declarant’s Admissible only against Admissible even against
rd
injury and conduct that would justify a conclusion the admitter; and 3 persons; and
that there was consciousness of impending death. Admissible NOT as an Admissible as an
[People v. Latayada (2004)] If the declarant’s exception to any rule exception to the hearsay
statement is made under consciousness of rule
impending death, a subsequent belief in recovery
before his actual death does not bar admissibility of
his statement [Riano citing People v. Black (1979), 96 Act or Declaration Against Pedigree
CA3d 846, 158 CR 449] Meaning of Pedigree
(1) Relationship;
Objections to the dying declaration: May be (2) Family genealogy;
premised on any of the requisites for its admissibility (3) Birth;
embodied in Sec. 37 of Rule 130. Counsel who wants (4) Marriage;
a dying declaration excluded must have to deal with (5) Death;
the primary question of whether or not the (6) Dates when these facts occurred;
evidentiary foundations for the introduction where (7) Places where these facts occurred;
met. [Riano] (8) Names of relatives; and
(9) Facts of family history intimately connected with
Dying declarations are admissible in favor of the pedigree. [Sec. 39, Rule 130]
defendant as well as against him. [US v. Antipolo (37
Phil 726)] Requisites for Admissibility
(1) Declarant is dead or unable to testify;
Declaration Against Interest (2) Declarant must be related by birth or marriage to
Requisites for Admissibility the person whose pedigree is in issue;
(1) Declarant is dead or unable to testify; (3) Declaration was made before the controversy;
(2) Declaration relates to a fact against the interest and
of the declarant; (4) Relationship between the declarant and the
(3) At the time he made said declaration, declarant person whose pedigree is in question must be
was aware that the same was contrary to his shown by evidence other than such declaration.
interest; and [Sec. 39, Rule 130]
(4) Declarant had no motive to falsify and believed
such declaration to be true [Sec. 38, Rule 130;
Ong v. Court of Appeals (1980)]

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Family Reputation or Tradition Regarding Pedigree (c) Statement refer to occurrence in question and
Requisites for Admissibility attending circumstances (Sec. 42, Rule 130) or
(1) Witness must be a member, by consanguinity or that the statements must concern the
affinity, of the same family as the subject; and occurrence in question and its immediate
(2) Such reputation or tradition must have existed in attending circumstances [Talidano v. Falcom
that family ante litem motam. [Sec. 40, Rule 130] Maritime (2008)]
(2) Verbal acts - Statements, which accompany an
Other Admissible Evidence equivocal act material to the issue and give it a
(1) Entries in family bibles or other family books; legal significance
(2) Charts; (a) Principal act must be equivocal
(3) Engravings on rings; (b) Act must be material to the issue
(4) Family portraits and the like [Sec. 40, Rule 130] (c) Statement must accompany the equivocal act
(d) Statement gives legal significance to
This enumeration, by ejusdem generis, is limited to equivocal act [Talidano v. Falcom Maritime
"family possessions," or those articles which (2008)]
represent, in effect, a family's joint statement of its (e) Must be made at the time, not after, the
belief as to the pedigree of a person. [Jison v. CA equivocal act was being performed
(1998)]
A dying declaration can be made only by the victim
A person’s statement as to his date of birth and age, after the attack while a statement as part of the res
as he learned of these from his parents or relatives, is gestae may be that of the killer himself after or
an ante litem motam declaration of a family tradition. during the killing. [People v. Reyes]
[Gravador v. Mamigo (1967)]
A statement not admissible as dying declaration
Common Reputation because it was not made under consciousness of
Requisites for Admissibility impending death, may still be admissible as part of
(1) Reputation pertains to: res gestae if made immediately after the incident.
(a) Facts of public or general interest more than [People v. Reyes]
30 years old,
(b) Marriage, or Entries in the course of business
(c) Moral character Requisites for Admissibility [Sec. 43, Rule 130]
(2) Common reputation existed ante litem motam. (1) Entries were made at, or near the time of the
[Sec. 41, Rule 130] transactions referred to;
(2) Such entries were made in the ordinary or regular
Other Admissible Evidence course of business or duty;
(a) Monuments (3) Entrant was in a position to know the facts stated
(b) Inscriptions in public places [Sec. 41, Rule 130] in the entries;
(4) Entrant did so in his professional capacity, or in
Pedigree may be established by reputation in the the performance of duty and in the regular course
family, but NOT in the community. [Rule 130, Secs. of business; and
40-41] (5) Entrant is now dead or unable to testify.
[Northwest Airlines v. Chiong (2008)]
Common reputation is hearsay like any other
exception to the hearsay rule, but is admissible If the entrant is available as a witness, the entries will
because of trustworthiness. [Riano citing Reg. v. not be admitted, but they may nevertheless be
Bedforshire, 4 E & B 535, 82 ECL 535, 542] availed of by said entrant as a memorandum to
refresh his memory while testifying on the
Part of the Res Gestae [Sec. 42, Rule 130] transactions reflected therein. [Cang Yui v. Gardner
Admissible Statements (1916)]
(1) Spontaneous statements - Statements made by a
person while a startling occurrence is taking “Business records” are exempt from the hearsay rule.
place or immediately prior or subsequent thereto, [Rule 8, Sec. 1, Rules on Electronic Evidence]
with respect to the circumstances thereof
(a) Principal act be a startling occurrence Entries in the payroll, being entries in the course of
(b) Statement made before declarant had business, enjoy the presumption of regularity [Sapio
opportunity to contrive [Talidano v. Falcom v. Undaloc Construction (2008)]
Maritime (2008)]

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Entries in official records (5) Adverse party had the opportunity to cross-
Requisites for Admissibility examine the witness in the former case.
(1) Entries were made by a public officer in the
performance of his duties or by a person in the Exception to the Hearsay Rule on Examination of
performance of a duty specially enjoined by law Child Witness
[Sec. 44, Rule 130]; A statement made by a child describing any act or
(2) Entrant must have personal knowledge of the attempted act of child abuse, not otherwise
facts stated by him or such facts acquired by him admissible under the hearsay rule, maybe admitted
from reports made by persons under a legal in evidence in any criminal or non-criminal
duty to submit the same [Salmon, Dexter & Co. v. proceeding subject to the following rules:
Wijangco (1924)]; and (a) Before such hearsay statement may be admitted,
(3) Entries were duly entered in a regular manner in its proponent shall make known to the adverse
the official records. party the intention to offer such statement and its
particulars to provide him a fair opportunity to
Entries in official records, just like entries in the object. If the child is available, the court shall,
course of business, are merely prima facie evidence of upon motion of the adverse party, require the
the facts therein stated. [secs. 43-44, Rule 130] child to be present at the presentation of the
hearsay statement for cross-examination by the
Entries in a police blotter are not conclusive proof of adverse part. When the child is unavailable, the
the truth of such entries. [People v. Cabuang (1993)] fact of such circumstance must be proved by the
proponent.
Baptismal certificates or parochial records of (b) In ruling on the admissibility of such hearsay
baptism are not official records. [Fortus v. Novero statement, the court shall consider the time,
(1968)] content and circumstances thereof which provide
sufficient indicia of reliability. It shall consider the
Commercial lists and the like following factors:
Requisites for Admissibility [Sec. 45, Rule 130] (1) Whether there is a motive to lie;
(1) Such statements are contained in a list; (2) The general character of the declarant child;
(2) Compilation is published for use by persons (3) Whether more than one person heard the
engaged in that occupation; and statement;
(3) It is generally used and relied upon by them. (4) Whether the statement was spontaneous;
(5) The timing of the statement and the
Learned treaties relationship between the declarant child and
Requisites for Admissibility [Sec. 46, Rule 130] witness;
(1) Published treatise, periodical or pamphlet is on a (6) Cross-examination could not show the lack of
subject of history, law, science, or art; and knowledge of the declaration child;
(2) Court takes judicial notice of it, or (7) The possibility of faulty recollection of the
(3) Witness expert in the subject testifies that the declarant of child is remote; and
writer of the statement in the treatise, periodical (8) The circumstances surrounding the statement
or pamphlet is recognized in his profession or are such that there is no reason to suppose
calling as expert in the subject the declarant child misrepresented the
involvement of the accused.
Testimony or deposition at a former trial (c) The child witness shall be considered unavailable
Requisites for Admissibility [Sec. 47, Rule 130; Manliclic under the following situations:
v. Calaunan (2007)] (1) Is deceased, suffers from physical infirmity,
(1) Witness is dead or unable to testify; lack of memory, mental illness, or will be
(2) His testimony or deposition was given in a former exposed to severe psychological injury; or
case or proceeding, judicial or administrative, (2) Is absent from the hearing and the proponent
between the same parties or those representing of his statement has been unable to procure
the same interests; his attendance by process or other reasonable
(3) Former case involved the same subject as that in means.
the present case although on different causes of When the child witness is unavailable, his hearsay
action; testimony shall be admitted only if corroborated by
(4) Issue testified to by the witness in the former trial other admissible evidence.
is the same issue involved in the present case;
and

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OPINION RULE 51(b), Rule 130]


General Rule: The opinion of a witness is not (b) Evidence of the witness’ good character is not
admissible. [Sec. 48, Rule 130] admissible until such character has been
impeached. [Sec. 14, Rule 130]
Exceptions:
(1) Expert witness RULE ON EXAMINATION OF A CHILD WITNESS
(2) Ordinary witness A.M. No. 004-07-SC

OPINION OF EXPERT WITNESS MEANING OF “CHILD WITNESS”


Expert witness is one who belongs to the profession (1) Any person who at the time of giving testimony is
or calling which the subject matter of the inquiry less than 18 years;
relates and who possesses special knowledge. [Sec. (2) In child abuse cases, a child includes one over 18
49, Rule 130] years but is found by the court as
(a) Unable to fully take care of himself, or
Opinion is: (b) Protect himself from abuse, neglect, cruelty,
(1) On a matter requiring exploitation, or discrimination
(a) Special knowledge, (c) Because of a physical or mental disability or
(b) Skill, condition.
(c) Experience, or
(d) Training APPLICABILITY OF THE RULE
(2) Which he is shown to possess (1) Shall apply in all criminal proceedings and non-
criminal proceedings involving child witnesses.
OPINION OF ORDINARY WITNESS [Sec. 1]
Admissible if [Sec. 50, Rule 130]: (2) The ROC provisions on deposition, conditional
(1) Proper basis is given, and examination of witnesses and evidence shall be
(2) Regarding: applied suppletorily. [Sec. 32]
(a) Identity of a person about whom he has
adequate knowledge; COMPETENCY OF A CHILD WITNESS
(b) Handwriting with which he has sufficient Every child is presumed qualified to be a witness. To
familiarity; rebut the presumption of competence enjoyed by a
(c) Mental sanity of a person with whom he is child, the burden of proof lies on the party
sufficiently acquainted; and challenging his competence. [Sec. 6(b)]
(d) Impressions of the
(i) Emotion, Requisites of Competency of a Child as Witness
(ii) Behavior, [People v. Mendoza (1996)]:
(iii) Condition, or (1) Capacity of observation;
(iv) Appearance of a person. (2) Capacity of recollection;
(3) Capacity of communication.
CHARACTER EVIDENCE
General Rule: Character evidence is not admissible. When the court finds that substantial doubt exists
regarding the ability of the child to
Exceptions: perceive/remember/ communicate, distinguish truth
CRIMINAL CASES from falsehood, or appreciate the duty to tell the
[RULE 130, SEC.51(A)] truth in court, a competency exam shall be
(a) Accused – May prove his good moral character, conducted.
which is pertinent to the moral trait involved in
the offense charged. The age of the child by itself is not a sufficient basis
(b) Prosecution – May not prove the bad moral for a competency examination. [Sec. 6(a)]
character of the accused, except in rebuttal.
(c) Offended Party – His/her good or bad moral The court has the duty of continuously assessing the
character may be proved if it tends to establish in competence of the child throughout his testimony.
any reasonable degree the probability or [Sec. 6(f)]
improbability of the offense charged.
EXAMINATION OF A CHILD WITNESS
CIVIL CASES (1) In open court [Sec. 11]
(a) Moral character is admissible only when pertinent (2) Alternative Modes
to the issue of character involved in the case. [Sec.

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(a) Live-Link TV Testimony, in Criminal Cases Proponent of hearsay statement shall make known
where Child is a Victim or a Witness [Sec. 25] to the adverse party the intention to offer such
(i) If there is a substantial likelihood that the statement and its particulars.
child would suffer trauma from testifying in
the presence of the accused, his counsel or If the child is available, court shall require the child
the prosecutor. to be present at the presentation of the hearsay
(ii) Trauma must be of a kind which would statement for cross-examination by the adverse
impair the completeness or truthfulness of party.
the child’s testimony.
(b) Videotaped Deposition of a Child Witness If unavailable, the fact of unavailability must be
[Sec. 27] proved by the proponent and his hearsay testimony
(i) If the court finds that the child will not be must be corroborated by other admissible evidence.
able to testify in open court at trial, it shall
issue an order that the deposition of the SEXUAL ABUSE SHIELD RULE
child be taken and preserved by videotape. General Rule [Sec. 30(a)]: The following are
(ii) The rights of the accused during trial, INADMISSIBLE in any criminal proceeding involving
especially the right to counsel and to alleged child sexual abuse:
confront and cross-examine the child, shall (1) Evidence offered to prove that the alleged victim
not be violated during the deposition. engaged in other sexual behavior;
(2) Evidence offered to prove the sexual
LIVE-LINK TV TESTIMONY OF A CHILD WITNESS predisposition of the alleged victim.
[SEC. 25]
Exception [Sec. 30(b)]: Evidence of specific instances
Live-link television testimony, in criminal cases where of sexual behavior by the alleged victim to prove that
the child is a victim or a witness a person other than the accused was the source of
The court may order that the testimony of the child semen, injury or other physical evidence
be taken by live-link television if there is a substantial
likelihood that the child would suffer trauma from PROTECTIVE ORDERS
testifying in the presence of the accused, his counsel Video/audio tapes that are part of the court record
or the prosecutor. may be viewed only by parties, their counsel, their
expert witness and the guardian ad litem. [Sec. 31(b)]
The trauma must be of a kind which would impair
the completeness/truthfulness of the child’s The court may issue additional orders to protect the
testimony. child’s privacy. [Sec. 31(c)]

If it is necessary for the child to identify the accused Publication (or causing it) in any format any
at trial, the court may allow the child to enter the identifying information of a child who is or is alleged
courtroom for the limited purpose of identifying the to be a victim/accused of a crime or a witness
accused, or the court may allow the child to identify thereof, or an immediate family of the child, shall be
the accused by observing the image of the latter on a liable for contempt of court. [Sec. 31(d)]
television monitor.
A child has a right at any court proceeding not to
VIDEOTAPED DEPOSITION OF A CHILD WITNESS testify regarding personal identifying information
[SEC. 27] that could endanger his physical safety or his family.
If the court finds that the child will not be able to [Sec. 31(e)]
testify in open court at trial, it shall issue an order
that the deposition of the child be taken and
preserved by videotape.

The rights of the accused during trial, especially the Offer and Objection
right to counsel and to confront and cross-examine
the child, shall not be violated during the deposition. OFFER OF EVIDENCE
CONCEPT [Sec. 34, Rule 132]
HEARSAY EXCEPTION IN CHILD ABUSE CASES (1) Court shall consider no evidence which has not
[Sec. 28] been formally offered
(2) Purpose for which the evidence is offered must be
specified

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Kind of Evidence When to Offer


AS DISTINGUISHED FROM IDENTIFICATION OF
DOCUMENTARY EVIDENCE evidence
[Interpacific Transit v. Aviles (1990)] Offer shall be done orally unless allowed by the court
Identification of to be done in writing.
Formal Offer of Exhibit
Documentary Evidence
Done in the course of the Done only when the party
trial and accompanied by rests his/her case Absence of an offer is a defect which is waived when
the marking of the a party fails to object when the ground became
evidence reasonably apparent, as when the witness is called to
testify without any prior offer. [Catuira v. CA (1994)]

RATIONALE WHY FORMER OFFER IS NEEDED


The defect caused by the absence of formal offer of
There is a need for a formal offer of evidence because exhibits can be cured by the identification of the
without such offer, the court cannot determine exhibits by testimony duly recorded and the
whether the evidence is admissible or not. [Riano] incorporation of the said exhibits in the records of the
case. [People v. Mate (1981)]
No evidentiary value can be given to pieces of
evidence not formally offered. [Dizon v, CTA (2008)] OBJECTION
CONCEPT
However, where the absence of an offer of What to object to When to object
testimonial evidence was not objected to as when
the witness was cross-examined by the adverse party Testimonial evidence Immediately after offer is
despite failure to make an offer of the testimony, the made
court must consider the testimony Question propounded in As soon as the grounds
the course of oral become reasonably
The provisions of the ROC on the inclusion on appeal examination apparent
of documentary evidence or exhibits in the records,
cannot be stretched as to include such pleadings or Offer done in writing Within 3 days after notice
documents not offered at the hearing of the case of the offer, unless a
[Candido v. CA, 1996)] different period is allowed
by the court
WHEN OFFER IS NOT REQUIRED The grounds for objection must be specified in any
(a) In a summary proceeding because it is a case.
proceeding where there is no full-blown trial;
(b) Documents judicially admitted or taken judicial PURPOSES OF OBJECTION
notice of; [RIANO]
(c) Documents, affidavits, and depositions used in (a) Made to keep out inadmissible evidence that
rendering a summary judgment; would cause harm to client’s cause (rules of
(d) Documents or affidavits used in deciding quasi- evidence are not self-operating)
judicial or administrative cases [Bantolino v. Coca (b) To protect the record (for future appeal)
Cola Bottlers, 2003 citing Rabago v. NLRC, 1991] (c) To protect witness from being embarrassed or
(e) Lost objects previously marked, identified, harassed
described in the record, and testified to by (d) To expose adversary’s unfair tactics
witness who had been subjects of cross- (e) To give trial court an opportunity to correct its
examination in respect to said objects [Tabuena v. own errors and at the same time warn the court
CA, 1991 citing People v. Napat-a, 1989] [Riano] that a ruling adverse to the objector may supply a
reason to invoke a higher court’s appellate
WHEN TO MAKE AN OFFER jurisdiction; and
[Sec. 35, Rule 132] (f) To avoid a waiver of inadmissibility
Kind of Evidence When to Offer
Objections must be specific enough to adequately
Testimonial At the time the witness is inform the court the rule of evidence or of
called to testify substantive law that authorizes the exclusion of
evidence [Riano]
Documentary and Object After the presentation of
a party’s testimonial

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General Objections — Do not clearly indicate to the (a) Incompetent,


judge the ground upon which the objections are (b) Irrelevant or
predicated. In cases where the incompetency of the (c) Otherwise improper.
evidence is so palpable that a mere general
objection is deemed sufficient and where the portion TENDER OF EXCLUDED EVIDENCE
of the evidence objected to is clearly pointed out, and [Rule 132, Sec. 40]
its illegality is apparent on its face, then the objection Documents marked as exhibits during the hearing
must be allowed. [Riano] but which were not formally offered in evidence
cannot be considered as evidence nor shall they have
FORMAL VS. SUBSTANTIVE OBJECTIONS evidentiary value. [Vda. De Flores v. WCC (1977)]
[RIANO]
Formal—One directed against the alleged defect in HOW TO TENDER EVIDENCE
the formulation of the question How to tender the
Substantive—Objections made and directed against Kind of evidence
evidence
the very nature of the evidence
Documentary Offeror may have the
REPETITION OF AN OBJECTION same attached or made
[Sec. 37, Rule 132] part of the record
When it becomes reasonably apparent in the course Testimonial Offeror may state for the
of the examination of a witness that the questions record the name and
being propounded are of the same class as those to other personal
which objection has been made, whether such circumstances of the
objection was sustained or overruled, it shall be witness and the
sufficient for the adverse party to record his substance of the
continuing objection to such class of questions. proposed testimony

A court may, motu proprio, treat the objection as a RATIONALE


continuing one. [Keller v. Ellerman & Bucknall (a) To allow the court to know the nature of the
Steamship] testimony or the documentary evidence and
convince the trial judge to permit the evidence or
RULING testimony; and
[Sec. 38, Rule 132] (b) Even if he is not convinced to reverse his earlier
(a) Should be given immediately after the objection ruling, the tender is made to create and preserve
is made, unless the court desires to take a a record for appeal [Riano]
reasonable time to inform itself on the question
presented. 2 METHODS OF MAKING THE TENDER
(b) Reason for sustaining or overruling an objection [Riano]
need not be stated. However, if the objection is (a) Where the counsel tells the court what the
based on two or more grounds, a ruling proposed testimony would be;
sustaining the objection on one or some of them (b) By using the question and answer form
must specify the ground/s relied upon.
(c) Reservation of a ruling by the court on an ERRONEOUS WAY OF MAKING TENDER
objection to the admissibility of evidence, without To make a mere general “offer of proof” without
subsequently excluding the same, amounts to a producing the witness or stating the evidence where
denial of an objection. [People v. Tavera] by the fact in issue is to be proved. [Riano]
STRIKING OUT OF AN ANSWER
MOTION TO STRIKE
[Sec. 39, Rule 132]
(1) Court may sustain an objection and order the
answer given to be stricken off the record if:
(a) Witness answers the question before the
adverse party had the opportunity to object,
and
(b) Such objection is found to be meritorious.
(2) The court may also, upon motion, order the
striking out of answers, which are

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Preliminary Matters (11) Judicial approval of voluntary recognition of


minor natural children
(12) Constitution of family home
SPECIAL PROCEEDINGS (13) Declaration of absence and death
A remedy by which a party seeks to establish a (14) Cancellation of correction of entries in the civil
status, right or a particular fact [Rule 1, Sec. 3(c)]. registry. [Sec. 1, Rule 72]
APPLICABLE RULES In the absence of special provisions, the rules
If special rules are provided, they shall apply. But in provided for in ordinary actions shall be, as far as
the absence of such special provisions, the rules practicable, applicable in special proceedings. [Sec.
applicable in special proceedings shall be applied 2, Rule 72]
[Rule 72, Sec. 2].
DIFFERENCE BETWEEN ACTION AND SPECIAL
There are special proceedings which are not part of PROCEEDING
the ROC (e.g. Writs of amparo and habeas data).
Action Special Proceeding
The distinction between final and interlocutory To protect/enforce a right To establish a
orders in civil actions for purposes of determining the or prevent/ redress a right/status/fact
issue of applicability is not strictly applicable to wrong
orders in special proceedings. Rule 109 specifies the
orders from which appeals may be taken [Regalado]. Involves 2 or more parties May involve only 1 party
Rule 33 regarding judgment on demurrer to Governed by ordinary Governed by special rules,
evidence is applicable to special proceedings [Matute rules supplemented by supplemented by ordinary
v. CA (1969)]. special rules rules

SUBJECT MATTER AND APPLICABILITY OF Initiated by pleading, and Initiated by petition,


GENERAL RULES parties respond through parties respond through
Rules of special proceedings are provided for in the an answer an opposition
following cases:
(1) Settlement of estate of deceased persons ACTION - formal demand of one’s right in a court of
(2) Escheat justice in the manner prescribed by the court or by
(3) Guardianship and custody of children the law.
(4) Trustees
(5) Adoption SPECIAL PROCEEDING - application or proceeding to
(6) Rescission and revocation of adoption establish the status or right of a party, or particular
(7) Hospitalization of insane persons fact. No formal pleadings are required, unless the
(8) Habeas corpus statute expressly so provides.
(9) Change of name
(10) Voluntary dissolution of corporations

VENUES AND JURISDICTIONS FOR SPECIAL PROCEEDINGS


Settlement of the Estate of Residence of the decedent MTC if gross value of the
a Deceased Person If non-resident, place where he had an estate estate does not exceed
P300,000, or does not
exceed P400,000 in
Metro Manila
otherwise, RTC
Escheat Person dies intestate leaving no heir – Residence of the RTC
decedent or if non-resident, place where he had estate
Reversion – where land lies in whole or in part RTC
Unclaimed Balances Act – where deposits are located RTC
Appointment of Guardians Where minor resides Family Court
Where incompetent resides RTC
Appointment of Trustees Where will was allowed or RTC
Where the property or portion thereof affected by the
trust is situated
Adoption Domestic – where adopter resides Family Court

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Inter-country Adoption – ICAB or, where adoptee resides ICAB or Family Court
if filed with the Family Court
Rescission of Adoption Where adoptee resides Family Court
Habeas Corpus If filed with RTC, where detainee is detained SC, CA, RTC, MTC in the
province or city in case
there is no RTC judge
Sandiganbayan, only in
aid of its appellate
jurisdiction
For the custody of minors, where petitioner resides or Family Court, CA, SC
where minor may be found
Habeas Data Where the petitioner or respondent resides, or that which RTC generally
has jurisdiction over the place where the data or If concerning public data
information is gathered, collected, or stored, at the option files or government
of the petitioner offices, SC, CA or
Sandigabayan
Amparo Where the threat, act or omission was committed or any RTC, Sandiganbayan,
of its elements occurred CA, SC or any justice
thereof
Change of Name Judicial - where petitioner resides RTC
Administrative: Local Civil Registry/
(a) Local civil registry where the record sought to be Philippine consulate
changed is kept
(b) Local civil registry of the place of residence of the
interested party (only if petitioner migrated to another
place in the Philippines and it is impractical to file
where records sought to be changed are kept)
(c) Philippine consulates only for non-resident citizen
Appointment of Where Absentee resides before his disappearance RTC
Representative of
Absentee/ Declaration of
Absence
Cancellation / Correction of Judicial - Where corresponding civil registry is located RTC
Entries in Civil Registries Administrative - Same as change of name Local Civil Registry/
Philippine consulate
Petition for declaration of Where petitioner or respondent has been residing for at Family Court
nullity, annulment, legal least 6 months prior to the date of filing
separation If non-resident petitioner, where he may be found at the
election of the petitioner

MODES OF SETTLEMENT OF ESTATE [HERRERA] JURISDICTION OF RTCS


(1) Extrajudicial Settlement of Estate [Rule 73, When the value of the estate exceeds P300,000 or
Section 1] P400,000 in Metro Manila. [SC Circular 21-99]
(2) Summary Settlement of Estate of Small Value
[Rule 74, Section 2] JURISDICTION OF MTCS
(3) Partition [Rule 69] When the value of the estate does not exceed
(4) Probate of Will [Rule 75-79] P300,000 or P400,000 in Metro Manila. [SC Circular
(5) Petition for Letters of Administration [Rule 79] 21-99]
inhabitant of the Inhabitant of foreign
Philippines at time of country
death (citizen/alien)
Settlement of Estate of RTC of the province in RTC of any province in
which he resides which he had estate
Deceased Persons, Venue
and Process Court first taking cognizance shall exercise
jurisdiction to the exclusion of all other courts and
WHICH COURT HAS JURISDICTION

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cannot be divested by subsequent act of interested intervening in the administration thereof in order to
parties. [Sandoval v. Santiago (1949)] remedy or repair any injury that may be done thereto.
[Dariano vs. Fernandez Fidalgo (1909)]
TESTATE PROCEEDINGS TAKE PRECEDENCE OVER
INTESTATE PROCEEDINGS OF THE SAME ESTATE. There seems, however, to be a general tendency, in
Thus, if in the course of intestate proceedings the absence of express and specific restrictions to the
pending before a court of first instance, it is found contrary, to uphold the exercise by the probate court
that the decedent had left a last will, proceedings for of such incidental powers as are, within the purview
the probate of the latter should replace the intestate of their grant of authority, reasonably necessary to
proceedings even if at that stage an administrator enable them to accomplish the objects for which
had already been appointed, the latter being they were invested with jurisdiction and to perfect
required to render final account and turn over the the same. [In Re: Baldomero Cosme (1937)]
estate in his possession to the executor subsequently
appointed. This, however, is understood to be
without prejudice; that should the alleged last will be
rejected or is disapproved, the proceeding shall
continue as an intestacy. [Uriarte vs. CFI (1970)] Summary Settlement of
General Rule: Jurisdiction assumed by a court shall
not be contested in a suit or proceeding,
Estates
General Rule: Judicial Settlement
Exceptions:
(1) In an appeal from that court, in the original case, Exception:
OR (1) Extrajudicial Settlement of Estate
(2) When the want of jurisdiction appears on the (2) Summary Settlement of Estate of Small Value
record.
Court intervention not Summary judicial
VENUE IN JUDICIAL SETTLEMENT OF ESTATE required adjudication needed
RULE 73 RELATES TO VENUE AND NOT TO JURISDICTION No will (intestate) Will may or may not exist
The place of residence of the deceased in settlement (intestate/testate)
of estates, probate of will, and issuance of letters of
administration does not constitute an element of No debts Debts may or may not
jurisdiction over the subject matter. It is only exist
constitutive of venue. Heirs are all of age, or
minors are represented by
MEANING OF TERM “RESIDES” judicial or legal reps
Resides - in the section is viewed in its popular sense,
meaning, the personal, actual or physical habitation
Gross value of estate may
of a person, actual residence of place of abode and
not exceed P10,000
not to his permanent residence or domicile.
Bond filed at Register of Bond filed at and to be
EXTENT OF JURISDICTION OF PROBATE COURT deed in the amount equal determined by the court
PROBATE COURT IS OF LIMITED JURISDICTION to the value of the
General rule: Probate court cannot decide questions personal property
as to ownership of property alleged to be part of the
estate of the deceased but claimed by some other EXTRAJUDICIAL SETTLEMENT BY AGREEMENT
person to be his property. BETWEEN HEIRS, WHEN ALLOWED
REQUISITES
Exceptions: (1) Decedent died intestate
(1) In a provisional manner to determine whether (2) No debts OR the heirs have already paid such at
said property should be included or excluded in the time of partition
the inventory, without prejudice to final (3) Heirs are all of age or the minors are represented
determination of title in a separate action by their judicial or legal representatives
(2) With consent of all the parties, without prejudice (4) Settlement made in public instrument filed with
to third persons [Trinidad v. CA (1991)] the register of deeds
(3) If the question is one of collation or advancement (5) Fact of the extrajudicial settlement shall be
published in a newspaper of general circulation 3
POWERS AND DUTIES OF PROBATE COURT times a week, once each week. [Sec. 1, Rule 74]
It is the duty of courts of probate jurisdiction to guard
jealously the estates of the deceased person by

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PROCEDURE
Death of the decedent VALIDITY OF COMPROMISE AGREEMENT
 Such is VALID, binding upon the parties as
Division of estate in public instrument or affidavit of individuals, upon the perfection of the contract, even
adjudication without previous authority of the court to enter into
 such agreement. [Borja v. Vda. De Borja (1972)]
Filing of the public instrument, or affidavit of
NO PRECLUSION FROM INSTITUTING ADMINISTRATION
adjudication if there is only one heir, with the proper
PROCEEDINGS
Registry of Deeds
Sec. 1, Rule 74 does not preclude the heirs from

instituting administration proceedings, even if the
Publication of notice of the fact of extrajudicial estate has no debts or obligations, if they do not
settlement once a week for 3 consecutive weeks in a desire to resort for good reasons to an ordinary action
newspaper of general circulation in the province, and for partition. While Sec. 1 allows the heirs to divide
after such other notice to interested persons as the the estate among themselves as they may see fit, or
court may direct to resort to an ordinary action for partition, the said
 provision does not compel them to do as if theyhave
Hearing to be held not less than 1 month nor more good reasons to take a different course of action.
than 3 months from the date of the last publication [Pereira v CA (1989)]
of notice
 TWO-YEAR PRESCRIPTIVE PERIOD
Filing of bond equivalent to the value of personal Claim by creditors and deprived heirs must be filed
property within 2 years from the time of distribution/
publication.

If there is no The parties may divide the estate PRESUMPTION OF NO DEBTS


disagreement among themselves by means of a It shall be presumed that the decedent left no debts
between the public instrument filed in the office if no creditor files a petition for letters of
heirs of register of deeds. administration within 2 years after the death of the
If there is They may divide the estate in an decedent. [Sec. 4, Rule 74]
disagreement ordinary action of partition.
He may adjudicate to himself the AFFIDAVIT OF SELF-ADJUDICATION BY SOLE
entire estate by means of an HEIR
If only one heir Affidavit of Self-adjudication by sole heir
affidavit filed in the Registrar of
Deeds. If there is only one heir, he may adjudicate to himself
the entire estate by means of an affidavit filed in the
BOND REQUIREMENT office of register of deeds. [Sec. 1, Rule 74]
Required only if personal property is involved
because real estate is subject to lien BOND REQUIREMENT
File a bond equal to the value of the personal File a bond equal to the value of the personal
property involved as certified to under oath by the property involved as certified to under oath by the
parties, conditioned upon the payment of any just parties, conditioned upon the payment of any just
claim that may be filed of deprived heirs and claim that may be filed [Sec. 1, Rule 74]
creditors. [Sec. 1, Rule 74]
SUMMARY SETTLEMENT OF ESTATES OF SMALL
NOT BINDING ON ANY PERSON WHO: VALUE
(1) Has not participated in the extrajudicial WHEN ALLOWED
settlement; or (1) Gross value of estate does not exceed P10,000
(2) Had no notice thereof. [Sec. 1, Rule 74] (2) Fact is made to appear to the RTC
(3) Through petition of an interested person
VALIDITY OF ORAL PARTITION (4) Upon hearing
Such is VALID, because there is no law that requires (a) Held not less than 1 month nor more than 3
partition among heirs to be in writing to be valid. months
[Pada Kilario v. CA (2000)] (b) Counted from the date of the last publication
of a notice
Requirement under Rule 74.1 is merely for the (5) Notice
protection of creditors and the heirs themselves (a) Which shall be published once a week for 3
against tardy claims. Where there are no creditors, consecutive weeks
the requirements no longer apply.

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(b) In a newspaper of general circulation in the will make provisions for such in its resolution of the
province proceedings.
(c) It is not required that publication be for a
complete 21 days. What is required is that it REMEDIES OF AGGRIEVED PARTIES AFTER
be published for once a week for 3 consecutive EXTRA-JUDICIAL SETTLEMENT OF ESTATE
weeks. (1) CLAIM AGAINST THE BOND OR THE ESTATE WITHIN TWO
(6) Notice to interested persons as the court may YEARS
direct. [Sec. 2, Rule 74] Bond and real estate remain charged
Rule: bond and real estate shall remain charged
Upon fulfillment of the requisites, the court may with a liability to creditor, heirs or other persons
proceed summarily without the appointment of an for the full period of 2 years after such
executor/administrator and without delay, distribution, notwithstanding any transfers of real
(1) to grant, if proper, allowance of the will, if any estate that may have been made.
there be
(2) to determine who are persons legally entitled to When applicable: There is an heir or other person
participate in the estate who
(3) to apportion and divide among them after the (a) has been unduly deprived of his lawful
payment of such debts of the estate participation in the estate:
(4) persons in own right if of lawful age, or their
guardians, will be entitled to receive and enter He shall have a right to compel the
into possession of the portions of the estate so settlement of the estate in the courts for the
awarded to them respectively. [Sec. 2, Rule 74] purpose of satisfying such lawful
participation.
PROCEDURE
Death of the decedent (b) has been unduly deprived of his lawful
 participation payable in money: The court
Application for summary settlement with an having jurisdiction of the estate may, by order
allegation that the gross value of the estate does not for that purpose, after hearing,
exceed P10K (i) settle the amount of such debts or lawful
 participation, and
(ii) order how much and in what manner each
Publication of notice of the fact of summary
distributee shall contribute in the payment
settlement once a week for 3 consecutive weeks in a
thereof, and
newspaper of general circulation in the province, and
(iii) may issue execution against the bond or
after such other notice to interested persons as the
against the real estate belonging to the
court may direct
deceased, or both.

Hearing to be held not less than 1 month nor more When not applicable:
than 3 months from the date of the last publication (a) To persons who have participated or taken
of notice part or had notice of the extrajudicial partition
 (b) When the provisions of Sec. 1 of Rule 74 have
Court to proceed summarily, without appointing an been strictly complied with (all persons or
executor/administrator (executor/administrator), heirs of the decedent have taken part in the
and to make orders as may be necessary extrajudicial settlement or are represented by
 themselves or through guardians)
Grant allowance of the will, if any
 This is only a Bar against the parties who had
Determine persons entitled to estate taken part in the extrajudicial proceedings,
 but not against third persons not parties
Pay debts of estate which are due thereto

Period for Claim of Minor or Incapacitated Person
Filing of bond fixed by the court
If on the date of the expiration of the period of 2
 years, the person authorized to file a claim is:
Partition of estate (1) a minor or mentally incapacitated, or is in
prison or
Notes: There is no requirement regarding the lack of (2) outside the Philippines,
debts (unlike extrajudicial partition) in summary
settlement of estates of small value since the court

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He may present his claim within 1 year after such (2) Mandatory
disability is removed. [Sec. 5, Rule 74] (3) Imbued with public policy, thus imprescriptible
and the doctrine of estoppel does not apply
After the two years has passed, claimant must
file an ordinary action against the distributees General Rule: A probate proceeding only looks at
within the statute of limitations. extrinsic validity.

(2) ACTION TO ANNUL A DEED OF EXTRAJUDICIAL Extrinsic validity - due execution of the will (whether
PARTITION or not the testator, being of sound mind, freely
Prescriptive period: within 4 years from the executed the will in accordance with the formalities
discovery of the fraud (deemed to have taken prescribed by law)
place when said instrument was filed with the
Register of Deeds and new certificates of title Exception:
were issued in the name of respondents). [Gerona Principle of Practical Consideration
v. De Guzman, 11 SCRA 154 (1964)] – Note, this The probate court may pass upon the intrinsic
was decided before the New Civil Code took effect. validity of the will because there is apparent defect in
its face – this is also known as the principle of
HOWEVER in Amerol v. Bagumbaran (1987), the practical consideration [Nepomuceno v CA (1985)].
Court applied Article 1144 (NCC) which stated (Ex. When on the face of the will the petitioner
that actions upon an obligation created by law appears to be preterited)
must be brought within 10 years from the time
the right of action accrues. Since implied or But the remedy of certiorari is available, where the
constructive trusts are obligations created by law, grounds for dismissal are indubitable (e.g. grave
then the prescriptive period to enforce the same abuse of discretion of the judge when there is clearly
prescribes in 10 years. Thus, an action for preterition and the said judge still continues the
reconveyance based on an implied or constructive probate proceedings)
trust must perforce prescribe in 10 years and not
otherwise. EFFECT OF PROBATE OF WILL
Decree of probate is conclusive as to its due
Optional: See also separate opinion of Justice execution, subject to the right of appeal. (Thus, no
Padilla re Amerol v. Bagumbayan, which suit for forgery of a will, which has been duly
distinguishes between dolo causante (4 years) probated and such order becoming final)
and dolo incidente (10 years).
[Rodelas v Aranza (1982)]:
(3) NEW ACTION TO ANNUL SETTLEMENT WITHIN General Rule: If a holographic will has been lost or
REGLEMENTARY PERIOD OF TWO YEAR destroyed and no other copy is available, the will
cannot be probated because the best and only
(4) REOPENING BY INTERVENTION BEFORE RENDITION OF evidence is the handwriting of the testator in said
JUDGMENT WITHIN THE REGLEMETARY PERIOD OF TWO will.
YEARS
Exception: A photostatic copy or Xerox of the
(5) PETITION FOR RELIEF ON THE GROUND OF FRAUD, holographic will may be allowed because
ACCIDENT, MISTAKE OR EXCUSABLE NEGLIGENCE comparison can be made with the standard writings
within 60 days after the petitioner learns of the of the testator.
judgment, final order or other proceedings to be
set aside and not more than 6 months after such WHO MAY PETITION FOR PROBATE; PERSONS
judgment or order is entered or taken ENTITLED TO NOTICE

(6) RESCISSION IN CASE OF PRETERITION PETITIONER FOR THE ALLOWANCE OF THE WILL
(1) Executor
(2) Devisee
(3) Legatee
Production and Probate of (4) Other person interested in the estate
(5) Testator himself, during his lifetime [Sec. 1, Rule
Will 76]

MEANING OF INTEREST IN ESTATE


NATURE OF PROBATE PROCEEDING
An interested party is one who would be benefited by
(1) In Rem
the estate such as an heir or one who has claim

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against the estate like a creditor. [Sumilang v. instrument should be his will at the time of fixing
Ramagosa (1967)] his signature thereto [Sec. 9, Rule 76]

JURISDICTION, HOW ACQUIRED Note: The grounds for disallowance of will are
(1) Attaching a mere copy of will to the petition or exclusive.
(2) Delivery of will, even if no petition is filed or
(3) Filing of the original petition and compliance with REPROBATE; REQUISITES BEFORE WILL
Sec 3-4 Rule 76. PROVED OUTSIDE ALLOWED IN THE
(a) Publication for 3 weeks of the order PHILIPPINES; EFFECTS OF PROBATE
(b) Notice to all interested persons (If by mail, 20
days before hearing; if through personal REPROBATE
service, 10 days before hearing) Wills proved and allowed in a foreign country,
according to the laws of such country, may be
If testator files for probate of his will, no publication allowed, filed, and recorded by the proper Court of
is required and notice is only to the compulsory heirs. First Instance in the Philippines (now RTC). [Sec. 1,
[Sec. 3, Rule 76] Rule 77]

REQUISITES FOR ALLOWANCE


(1) Copy of the will
Allowance or Disallowance of (2) Order or decree of the allowance in foreign
country
Will (3) Filed with a petition for allowance in the
Philippines by executor or other person interested
(4) Court having jurisdiction shall fix a time and
CONTENTS OF PETITION FOR ALLOWANCE OF place for the hearing
WILL (5) Cause notice thereof to be given as in case of an
(1) Jurisdictional facts original will presented for allowance. [Sec. 2, Rule
(a) Death of the decedent 77]
(b) Residence at the time of death in the province
where the probate court is sitting EFFECT
(c) Or if he is an inhabitant of a foreign country, The will shall have the same effect as if originally
his leaving his estate in such province proved and allowed in such court.
(2) Names, ages, and residences of the heirs,
legatees, and devisees of the testator or decedent
(3) Probable value and character of the property of
the estate
(4) Name of the person for whom letters are prayed Letters Testamentary and of
(5) If the will has not been delivered to the court, the
name of the person having custody of it. [Sec. 2, Administration
Rule 76]
WHEN AND TO WHOM LETTERS OF
DEFECT IN PETITION ADMINISTRATION GRANTED
Defect in petition will not void the allowance of the Letters Testamentary – issued to the executor named
will, or the issuance of letters testamentary or of in the will, if s/he is competent, accepts the trust,
administration with the will annexed. [Sec. 2, Rule 76] and gives the required bond. [Sec. 4, Rule 78]

GROUNDS FOR DISALLOWING A WILL Letters of Administration – issued to an administrator


(1) If not executed and attested as required by law when
(2) If the testator was insane, or otherwise mentally (1) No executor named or
incapable to make a will, at the time of its (2) Executor or executors are incompetent, refuse the
execution trust, or fail to give bond or
st
(3) If executed under duress, or the influence of fear, (3) Or person dies intestate. [1 par., Sec. 6, Rule 78]
or threats
(4) If procured by undue and improper pressure and WHO ARE INCOMPETENT TO SERVE
influence, on the part of the beneficiary, or of (1) Minor
some other person for his benefit (2) Non-resident
(5) If the signature of the testator was procured by (3) One who, in the opinion of the court, is unfit to
fraud or trick, and he did not intend that the exercise the duties of the trust by reason of
drunkenness, improvidence, want of

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understanding or integrity or conviction of an


offense involving moral turpitude. [Sec. 1, Rule 78] 30-DAY PERIOD MAY BE WAIVED
Just as the order of preference is not absolute and
An executor of an executor cannot administer the may be disregarded for valid cause, so may the 30-
estate of the first testator. [Sec. 2, Rule 78] day period be likewise waived under the permissive
tone in paragraph (b) of said rule which merely
ORDER OF PREFERENCE provides that said letters as an alternative, “may be
ORDER OF PREFERENCE IN THE GRANT OF granted to one or more of the principal creditors.”
ADMINISTRATION [Herrera]
(1) Surviving spouse or next of kin, or both, or to such
person as the surviving spouse, or next of kin Co-administrators may be appointed. [Matute v.
requests to have appointed, if competent and Court of Appeals (1969)]
willing to serve.
(2) If those in (a) be incompetent or unwilling, or if OPPOSITION TO ISSUANCE OF LETTERS
the husband or widow, or next of kin, neglects for TESTAMENTARY; SIMULTANEOUS FILING OF
30 days after the death of the person to apply for PETITION FOR ADMINISTRATION
administration or to request that administration Who may oppose: Any person interested in will [Sec.
be granted to some other person, it may be 1, Rule 79]
granted to one or more of the principal creditors, if
competent and willing to serve. MEANING OF INTERESTED PERSON
(3) If there is no (b), it may be granted to such other One who would be benefited by the estate, such as
person as the court may select. [Sec. 6, Rule 78] an heir, or one who has a claim against the estate,
such as a creditor; thus interest must be immaterial
Next of kin are those entitled by law to receive the and direct, not merely indirect or contingent.
decedent properties. [Gonzalez v. Aguinaldo, et al., [Saguinsin v. Lindayag, 6 SCRA 874]
(1990)]
GROUNDS
REASON FOR ORDER OF PREFERENCE (1) Incompetency of the person/s named in the will
Those who would reap the benefit of a wise, speedy as executor/s, or
and economical administration of the estate, or, on (2) Contestant’s right to the administration [Sec. 4,
the other hand, suffer the consequences of waste, Rule 79]
improvidence or mismanagement, have the highest
interest and most influential motive to administer Form required: State in writing the grounds why letter
the estate correctly. [Gonzalez v. Aguinaldo, et al., should not issue; the court shall then hear and pass
(1990)] upon sufficiency of such grounds. [Sec. 1, Rule 79]

Mere failure to apply for letters of administration CONTENTS


does not remove preference. [1 ALR 1247] (1) Jurisdictional facts
(2) Name, age and residence of heirs and the name
General Rule: The court cannot set aside order of and age of creditors
preference (3) Probable value of the estate
(4) Name of person to whom letter is prayed [Sec. 2,
Exceptions: If the person enjoying such preferential Rule 79]
rights is
(1) Unsuitable JURISDICTIONAL FACTS
(2) Incompetent (1) Death of the testator
(3) Unwilling (2) His/her residence at the time of death in the
(4) Neglect to apply for letters 30 days after the province where the probate court is sitting or,
death of the decedent (3) If an inhabitant of a foreign country, his/her
having left his estate in such province [Diez v.
Court may reject order of preference when Serra, (1927)]
circumstances warrant. [Villamor v. Court of Appeals,
(1988)] PUBLICATION AND NOTICE
Publication of notice for 3 weeks successively and
The order of preference is not absolute for it depends notice to heirs, creditors and interested persons are
on the attendant facts and circumstances of each jurisdictional. [Sec. 3, Rule 79 and Secs. 3 & 4, Rule
case. The selection of an administrator lies in the 76]
sound discretion of the trial court. [In Re Suntay,
(2007)]

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SIMULTANEOUS FILING OF OPPOSITION AND PETITION: A RESTRICTIONS ON POWERS OF EXECUTORS AND


petition may, at the same time, be filed for letters of ADMINISTRATORS
administration to himself, or to any competent (1) Executor or Administrator Chargeable with all
person or person named in the opposition. [Sec. 4, Estate and Income
Rule 79]
Chargeable in his account with the whole of the
Lack of interest in the proceedings is equal to lack of estate which has come into his possession, at the
legal capacity to institute proceedings. [Herrera] value of the appraisement contained in the
inventory:
Appointment of Regular Administrator is final and (1) With all the interest,
thus, appealable. (2) Profit
(3) Income of such estate and
POWERS AND DUTIES OF EXECUTORS AND (4) With the proceeds of as much of the estate as
ADMINISTRATORS; RESTRICTIONS ON THE is sold by him, at the price at which it was
POWERS sold. [Sec. 1, Rule 85]
GENERAL POWERS AND DUTIES OF EXECUTORS AND
ADMINISTRATORS (2) Prohibited from Profiting by Increase or Losing by
(1) Have Access to Partnership Books and Property Decrease in Value
at All Times (a) No executor/administrator shall profit by the
(a) Have access to, and may examine and take increase, or suffer loss by the decrease or
copies of, books and papers relating to the destruction, without his fault, of any part of
partnership business, the estate
(b) Examine and make invoices of the property (b) Account for the excess (when sold for more)
belonging to such partnership (c) If sold for less, not responsible for loss, if
(c) The surviving partner or partners, on request, justly made
shall exhibit to him all such books, papers, (d) If settled claim for less - He is entitled to
and property in their hands or control. [Sec. 1, charge in his account only the amount he
Rule 84] actually paid on the settlement [Sec. 2, Rule
85]
Failure to freely permit the exercise of the may (e) Not accountable for debts due the deceased
subject any partner for contempt. which remain uncollected without his fault
[Sec. 3, Rule 85]
(2) Keep Buildings in Tenantable Repair
(a) Houses and other structures and fences (3) Accountable for Income from Realty Used by Him
belonging to the estate, and If the executor/administrator uses or occupies
(b) Deliver the same in such repair to the heirs or any part of the real estate himself, he shall
devisees when directed so to do by the court. account for it as may be agreed upon between
[Sec. 2, Rule 84] him and the parties interested, or adjusted by the
court with their assent and if the parties do not
(3) Right to Possession and Management of the Real agree upon the sum to be allowed, the same may
and Personal Properties be ascertained by the court, whose determination
(a) So long as it is necessary for the payment of in this respect shall be final. [Sec. 4, Rule 85]
the debts and the expenses of administration
(b) Administrator cannot exercise the right of (4) Accountable if He Neglects or Delays to Raise or
legal redemption over a portion of the Pay Money
property owned in common sold by one of the (a) Neglects or unreasonably delays to raise
other co-owners since this is not within the money, by collecting the debts or selling the
powers of administrator. [Sec. 3, Rule 84] real or personal estate of the deceased, or
(b) Neglects to pay over the money he has in his
Note: When the estate of a deceased is already hands, and the value of the estate is thereby
subject of a testate or intestate proceeding, the lessened or unnecessary cost or interest
administrator cannot enter into any transaction accrues, or the persons interested suffer loss.
involving it without any prior approval of the Court. (c) Damages sustained may be charge and
[Estate of Olave v. Reyes (1983)] allowed against executor or administrator in
his/her account; liable on his/her bond. [Sec.
5, Rule 95]

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(5) Only Necessary Expenses shall be allowed


(a) The amount paid by an PROCEDURE FOR APPOINTMENT
executor/administrator for costs awarded There must first be notice and publication. Notice
against him shall be allowed in his through publication of the petition is a jurisdictional
administration account [Sec. 6, Rule 85] requirement even in the appointment of a special
(b) Unless it appears that the action or administrator. [De Guzman v. Angeles (1988)]
proceeding in which the costs are taxed was
prosecuted or resisted without just cause, and Appointment of special administrator lies entirely in
not in good faith. the sound discretion of the court. [De Gala v.
(c) When the executor is an attorney, cannot Gonzales, 53 Phil. 104 (1929)]
charge against estate any professional fees
for legal services rendered. [Sec. 7, Rule 85] POWERS AND DUTIES OF SPECIAL ADMINISTRATOR
(1) Take possession and charge of the goods,
Necessary expenses chattels, rights, credits, and estate of the
Such expenses as are entailed for the deceased, and
preservation and productivity of the estate and (2) Preserve the same for the executor/administrator
for its management for purpose of liquidation, afterwards appointed, and
payment of debts, and distribution of the residue (3) For that purpose may commence and maintain
among persons entitled thereto. [Hermanos v. suits as administrator.
Abada (1919)] (4) May sell only such perishable and other property
as the court orders sold.
Attorney’s fees as expenses of administration (5) Not liable - to pay any debts of the deceased
Administrator may not recover attorney’s fees unless so ordered by the court. [Sec. 2, Rule 80]
from estate.
WHEN SPECIAL ADMINISTRATOR CEASES DUTIES
(6) Executor or Administrator to Make Inventory and When letters testamentary/administration are
Render Account granted on the estate of the deceased
(1) He shall deliver to the executor/administrator the
Accounting mandatory goods, chattels, money, and estate of the
Within 1 year from the time of receiving letters deceased in his hands.
testamentary or of administration unless the (2) The executor/administrator may prosecute to
court otherwise directs [Sec. 8, Rule 85] final judgment suits commenced by such SA.
[Sec. 3, Rule 80]
The fact that the heirs of the estate have entered
into an extrajudicial settlement and partition in Appointment of Special Administrator is
order to put an end to their differences cannot in interlocutory and is not appealable. [Garcia v. Flores,
any way be interpreted as a waiver of the 101 Phil. 781 (1957)]
objections of the heirs to the accounts submitted
by the administrator. [Joson v. Joson (1961)] GROUNDS FOR REMOVAL OF ADMINISTRATOR
REVOCATION OF ADMINISTRATOR
Examination on Oath by Court When the decedent’s will is allowed and proved after
As to the correctness of his account before the a letters of administration has been issued, the
same is allowed, except when no objection is administration is deemed revoked.
made to the allowance of the account and its
correctness is satisfactorily established by REMOVAL OF EXECUTOR OR ADMINISTRATOR
competent proof [Sec. 9, Rule 85] Grounds
(1) Neglects to:
The heirs, legatees, distributees, and creditors of (a) Render his account
the estate shall have the same privilege as the (b) Settle the estate according to law
executor/administrator of being examined on (c) Perform an order or judgment of the court, or
oath on any matter relating to an administration a duty expressly provided by these rules
account. [Sec. 9, Rule 85] (2) Absconds
(3) Becomes insane or
APPOINTMENT OF SPECIAL ADMINISTRATOR (4) Becomes incapable or unsuitable to discharge
WHEN APPOINTED the trust. [Sec. 2, Rule 82]
(1) When there is delay in granting letters
testamentary or administration, or
(2) By any cause, including an appeal from allowance
or disallowance of a will. [Sec. 1, Rule 80]

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Publication for 3 consecutive weeks and posting in 4


EFFECT OF REMOVAL, DEATH, OR RESIGNATION public places in the province and in 2 public places in
(1) The remaining executor/administrator may the municipality where the decedent last resided.
administer the trust alone, unless the court [Sec. 4, Rule 86]
grants letters to someone to act with him.
(2) If there is no remaining executor/administrator, STATUTE OF NON-CLAIMS
administration may be to any suitable person. CLAIMS COVERED (EXCLUSIVE)
[Sec. 2, Rule 82] (1) Claims for money against the decedent arising
from contract
Acts of the executor/administrator before (a) Express or implied
removal/resignation are valid. [Sec. 3, Rule 82] (b) Due or not
(c) Contingent or not
(2) Claims for funeral expenses
(3) Expenses for the last sickness
Claims against the Estate (4) Judgment for money against the decedent. [Sec.
5, Rule 86]

ESTATE BURDENED WITH LIEN OF CREDITORS The period, once fixed by the courts, is mandatory.
Upon the death of the person, all his property is
burdened with all his debts, his debts creating an General Rule: Failure to make the claim within the
equitable lien thereon for the benefit of the creditors. time fixed by the Courts will result in barring any
recovery. [Sec. 5, Rule 86]
And such lien continues until the debts are
extinguished either by the payment, prescription, or Purpose: to settle the estate with dispatch, so that
satisfaction in one of the modes recognized by law. the residue may be delivered to the persons entitled
[Suiliong & Co. v. Chio Tayaan, 12 Phil. 13] thereto without their being afterwards called upon to
respond in actions for claims.
PURPOSE OF PRESENTATION OF CLAIMS
AGAINST ESTATE Exception:
(1) To protect the estate of the deceased. (1) When set forth as counterclaims in any action
(2) Executor/administrator will be able to examine that the executor/administrator may bring
each claim, determine whether it is a proper one against the claimants
which should be allowed. (2) If the decedent is a creditor and the executor or
(3) To appraise the administrator and the probate administrator commences an action or continues
court of the existence of the claim so that a the action - the debtor may set forth by answer
proper and timely arrangement may be made for the claims he has against the decedent, instead
its payment in full or by pro-rata portion in the of presenting them independently to the court.
due course of the administration. [Estate of Olave [Sec. 5, Rule 86]
v. Reyes (1983)]
CONTINGENT CLAIM WHEN ALLOWED
TIME WITHIN WHICH CLAIMS SHALL BE FILED; (1) When it becomes absolute;
EXCEPTIONS (2) Presented to the court or executor/administrator
General Rule: Claims must be filed within the time within 2 years from the time limited for other
specified by the court in its notice which shall not be creditors to present their claims; and
less than 6 months nor more than 12 months from the (3) Not disputed by executor/administrator
date of the first publication of the notice. [Sec. 2,
Rule 86] IF DISPUTED
It may be proved and allowed or disallowed by the
Exception: court as the facts may warrant [Sec. 5, Rule 88]
Belated Claims
The Court has the discretion, for cause and upon Mutual claims may be set off against each other in
such terms as are equitable, to allow contingent such action.
claims presented beyond the period previously fixed
provided they are filed within 1 month from the Effect if a debtor obtains a favorable judgment
expiration of such period but in no case beyond the against the estate: the amount shall be considered
date of entry of the order of distribution. [Danan v. the true balance against the estate, as though the
Buencaminao (1981); Sec. 2, Rule 86] claim had been presented directly before the court in
the administration proceedings

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The presentation of money claim may be waived. (2) If not sufficient


[Ignacio v. Pampanga Bus co., Inc., (1967)] The part of the estate not disposed of by will shall
be appropriated for the purpose [Sec. 2,Rule 88]
If obligation solidary - file claim against decedent as
if he is the only debtor PERSONALTY FIRST CHARGEABLE FOR DEBTS, THEN
If obligation joint - claim confined to the portion REALTY
belonging to the decedent [Sec. 6, Rule 86] General Rule: Personal estate not disposed of by will
shall be FIRST chargeable [Sec. 3, Rule 88]
CLAIM OF EXECUTOR OR ADMINISTRATOR
AGAINST THE ESTATE Exception
(1) Not sufficient for the purpose; or
PROCEDURE TO FOLLOW IF THE EXECUTOR OR (2) Its sale will redound to the detriment of the
ADMINISTRATOR HAS A CLAIM AGAINST THE ESTATE HE participants for the estate
REPRESENTS [Sec. 8, Rule 86]
Executor/Administrator shall give notice thereof, in In which case—
writing, to the court (a) The whole of the real estate not dispose of by will,
or so much thereof as is necessary, may be sold,
mortgaged, or otherwise encumbered for that
purpose by the executor/administrator,
The court shall appoint a special administrator who (b) Court approval must be obtained first
shall have the same powers and liabilities as the (c) Any deficiency shall be met by contributions in
general executor/administrator in the adjustment accordance with the provisions of S6 of this rule.
of such claim. [Sec. 3, Rule 88]

ESTATE TO BE RETAINED TO MEET CONTINGENT CLAIMS


If court is satisfied that such claim is valid:
The court may order the executor or administrator (1) It may order the executor/administrator to retain
to pay to the special administrator necessary funds in his hands sufficient estate
to defend such claim. (2) For the purpose of paying the contingent claim
when such becomes absolute.

PAYMENT OF DEBTS If estate insolvent - Retain a portion equal to the


DEBTS PAID IN FULL IF ESTATE SUFFICIENT dividend of the other creditors. [Sec. 4, Rule 88]
(1) After all money claims heard and ascertained;
and PAYMENT OF CONTINGENT CLAIM
(2) It appears that there are sufficient assets to pay If allowed - Creditor shall receive payment to the
the debts same extent as the other creditors if the estate
retained by the executor/administrator is sufficient.
Executor/administrator shall pay the same within Claim not presented after becoming absolute and
the time limited for that purpose. [Sec. 1, Rule 88] allowed within 2 year period

The probate court may hold in abeyance intestate The assets retained in the hands of the
proceedings pending determination of a civil case executor/administrator, not exhausted in the
against the administrator. payment of claims, shall be distributed by the order
of the court to the persons entitled
The heirs of the estate may not demand the closing
of an intestate proceeding at anytime where there is But the assets so distributed may still be applied to
a pending case against the administrator of the the payment of the claim when established, and the
estate. The court can rightfully hold in abeyance until creditor may maintain an action against the
the civil case is settled. [Dinglasan v. Chia, (1956)] distributees to recover the debt, and such
distributees and their estates shall be liable for the
PART OF ESTATE FROM WHICH DEBT PAID WHEN PROVISION debt in proportion to the estate they have
MADE BY WILL respectively received. [Sec. 5, Rule 88]
(1) Testator provided for payment of debt
Expenses of administration, or family expenses COURT TO FIX CONTRIBUTIVE SHARES WHERE DEVISEES,
shall be paid according to such provisions LEGATES, OR HEIRS HAVE BEEN IN POSSESSION
(1) Possession before debts and expenses paid
Court shall

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(a) Hear and settle the amount of their several residing in the Philippines and the other creditor,
liabilities according to their respective claims. [Sec. 10, Rule
(b) Order how much and in what manner each 88]
shall contribute
(c) May issue execution as circumstances require. ORDER OF PAYMENT OF DEBTS
[Sec. 6, Rule 88] Before the expiration of the time limited for the
payment of the debts
(2) Liability of heirs and distributes (1) The court shall order the payment thereof, and
Heirs are not required to respond with their own the distribution of the assets received by the
property for the debts of their deceased executor/administrator for that purpose among
ancestors. But after partition of an estate, the the creditors,
heirs and distributees are liable individually for (2) As the circumstances of the estate require and in
the payment of all lawful outstanding claims accordance with the provisions of this rule [Sec. 11,
against the estate in proportion to the amount or Rule 88]
value of the property they have respectively
received from the estate. [Gov’t of P.I. v. APPEAL TAKEN FROM A DECISION OF THE COURT
Pamintuan, 55 Phil. 13 (1930)] CONCERNING THE CLAIM
The court may:
ORDER OF PAYMENT IF ESTATE IS INSOLVENT (1) Suspend the order for payment or order the
Executor/administrator pays the debts against the distribution among creditors whose claims are
estate, observing the provisions of Articles 1059 and definitely allowed
2239 to 2251 of the Civil Code. (Preference of (2) Leave in the hands of executor/administrator
Credits) [Sec. 7, Rule 88] sufficient assets to pay the claim disputed and
appealed.
DIVIDENDS TO BE PAID IN PROPORTION TO CLAIMS When a disputed claim is finally settled  court
If no assets sufficient to pay credits of any one class shall order the claim to be paid out of the assets
of creditors after paying preferred credits, Each retained to the same extent and in the same
creditor within such class shall be paid dividend in proportion with the claims of other creditors. [Sec. 12,
proportion to his claim. No creditor of any one class Rule 88]
shall receive any payment until those of the
preceding class are paid. [Sec. 8, Rule 88] FROM TIME TO TIME FURTHER ORDERS OF DISTRIBUTION
(1) Whole of the debts not paid on first distribution;
and
INSOLVENT NON-RESIDENT (2) If the whole assets not distributed or other assets
His estate found in the Philippines shall be so afterwards come to the hands of
disposed of that his creditors here and elsewhere executor/administrator. [Sec. 13, Rule 88]
may receive each an equal share, in proportion to
their respective credits. [Sec. 9, Rule 88] CREDITORS TO BE PAID IN ACCORDANCE WITH TERMS OF
ORDER
INSOLVENT RESIDENT WITH FOREIGN CREDITORS AND When an order is made for the distribution of assets
FOREIGN CLAIMS PROVEN IN ANOTHER COUNTRY among creditors, the executor or administrator shall,
(1) Executor/administrator in the Philippines had as soon as the time of payment arrives, pay the
knowledge of the presentation of such claims in creditors the amounts of their claims, or the dividend
such country; and thereon, in accordance with the terms of such
(2) Executor/administrator had opportunity to order.[Sec. 14, Rule 88]
contest such allowance
COURT SHALL ALLOW EXECUTOR OR ADMINISTRATOR A
The court shall: TIME FOR DISPOSING THE ESTATE AND PAYING DEBTS AND
(1) Receive a certified list of such claims, when LEGACIES
perfected in such country,
(2) And add the same to the list of claims proved Period allowed to original or executor or
against the deceased person in the Philippines administrator
(3) So that a just distribution of the whole estate may (1) Not exceeding 1 year
be made equally among all its creditors (2) Two years when special circumstances require
[Sec. 15, Rule 88]
But the benefit of this and the preceding sections
shall not be extended to the creditors in another
country if the property of such deceased person there
found is not equally apportioned to the creditors

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WHEN RECOVERY OF PROPERTY FRAUDULENTLY CONVEYED


Extension allowed to successor of Dead Executor or BY DECEASED MAY BE RECOVERED
Administrator (1) There is deficiency of assets and the deceased, in
(1) Not exceeding 6 months at a time and not his lifetime, had conveyed real or personal
exceeding six months beyond the time allowed to property, right or interest therein, or debt or credit
original executor or administrator or with intent to defraud his creditors or avoid any
(2) Not exceeding two years and a half. right, debt or duty; or
[Moran 525, 1980 Ed.; Sec. 16, Rule 88] (2) Had so conveyed such property, right, interest,
debt or credit that by law the conveyance would
Ground for Extension be void as against the creditors; and
(1) Original executor/administrator dies (3) The subject of the attempted conveyance would
(2) New administrator appointed be liable to attachment by any of them in his
lifetime. [Sec. 9, Rule 87]
Requisites
(1) Executor/administrator must apply. DUTY OF EXECUTOR/ADMINISTRATOR
(2) Notice of the time and place of hearing. (1) Commence and prosecute to final judgment an
(3) Court must hear the application. action for the recovery of such property, right,
interest, debt or credit for benefit of the creditors
(2) Provided, creditors make an application and pay
such part of the costs and expenses or give
Actions by and against security therefor. [Sec. 9, Rule 87]

Executors and Administrators If a person before granting letters testamentary or


administration
(1) Embezzles or alienates
ACTIONS THAT MAY BE BROUGHT AGAINST (2) Any of the money, goods, chattels, or effects of
EXECUTORS AND ADMINISTRATORS such deceased
ACTIONS WHICH MAY AND WHICH MAY NOT BE BROUGHT
Consequence: Such person shall be liable to an
AGAINST THE EXECUTOR OR ADMINISTRATOR
action in favor of the executor/administrator of the
estate for double the value of the property sold,
Actions to be brought against Administrators embezzled, or alienated, to be recovered for the
(1) Recover real or personal property or interest benefit of such estate. [Sec. 8, Rule 87]
therein
(2) Or to enforce a lien thereon and REQUISITES BEFORE CREDITOR MAY BRING AN ACTION FOR
(3) Actions to recover damages for an injury to a RECOVERY OF PROPERTY FRAUDULENTLY CONVEYED BY
person or property [Aguas v. Llenos (1962)] THE DECEASED

Claims against the administrator may be presented Any creditor may commence and prosecute to final
in the administration proceedings but not against judgment a like action for the recovery of the subject
third persons. of the conveyance or attempted conveyance if the
following requisites are satisfied:
ACTIONS WHICH MAY NOT BROUGHT AGAINST
ADMINISTRATORS
ALLOWED IN TWO INSTANCES
Claim for the recovery of money or debt or interest (1) If executor/administrator failed to commence
cannot be brought against executors/administrators. such action
[Aguas v. Llenos (1962)] (a) With court permission
(b) In the name of the executor/administrator
EXECUTOR OR ADMINISTRATOR MAY BRING OR DEFEND
(c) He files a bond, conditioned to indemnify the
ACTIONS WHICH SURVIVE
executor/administrator against the cost and
For the recovery or protection of the property or expenses incurred by such action
rights of the deceased [Sec. 2, Rule 87] (2) If conveyance or attempt is made in favor of
executor/administrator
Covers injury to property i.e. not only limited to (a) No need for court permission
injuries to specific property, but extends to other (b) No need for Bond.
wrongs by which personal estate is injured or (c) Action shall be brought in the name of all the
diminished. [Javier v. Araneta, 93 Phil. 1115; Aguas v. creditors
Llenos, supra]

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EFFECT or any other person having the same in his


Such creditor shall have a lien upon any judgment possession.
recovered by him in the action for such costs and
other expenses incurred therein as the court deems If there is a controversy as to who are heirs or shares
equitable. [Sec. 10, Rule 87]  heard and decided as in ordinary cases. [Sec. 1,
Rule 90]

EFFECT OF FINAL DECREE OF DISTRIBUTION


Distribution and Partition (1) In rem and binding against the whole world.
(2) All persons having interest in the subject matter
involved, whether they are notified or not, are
Before there could be a distribution of estate, the equally bound. [Philippine Savings Bank v. Lantin
following stages must be followed: (1983)]
(1) Liquidation of the estate i.e. payment of (3) The court acquires jurisdiction over all persons
obligations of the deceased. interested, through the publication of the notice
(2) Collation and Declaration of heirs : to determine prescribed and any order that may be entered
to whom the residue of the estate should be therein is binding against all of them.[Ramon v.
distributed. Ortuzar (1951)]
(a) Determination the right of a natural child (4) The only instance where a party interested in a
(b) Determination of proportionate shares of probate proceeding may have a final liquidation
distributes. set aside is when he is left out by reason of
circumstances beyond his control or through
Afterwards, the residue may be distributed and mistake or inadvertence not imputable to
delivered to the heirs. [Herrera] negligence. [Vda. De Alberto v. CA (1989)]

LIQUIDATION REMEDY OF AN HEIR ENTITLED TO RESIDUE BUT


General Rule: Before an order of distribution or NOT GIVEN HIS SHARE
assignment, it must be shown that the “debts, The better practice for the heir who has not received
funeral expenses and expenses of administration, his share is to demand his share through a proper
allowances, taxes, etc., chargeable to the estate” motion in the same probate or administrative
have been paid. proceedings, or for reopening of the probate or
administrative proceedings if it had already been
Exception: The distributees give a bond conditioned closed, and not through an independent action.
on the payment of above obligations [Sec. 1, Rule 90] [Guilas v. Judge of the CFI of Pampanga, (1972)]

PROJECT OF PARTITION INSTANCES WHEN PROBATE COURT MAY ISSUE WRIT OF


A project of partition is merely a proposal for the EXECUTION
distribution of the hereditary estate which the court General Rule: Writ of Execution is not allowed in
may accept or reject. [Solivio v. CA, (1990)] probate proceedings [Vda de Valera v. Ofilada, 59
SCRA 96]
The executor/administrator has no duty to prepare
and present the same under the Rules. The court Exceptions:
may, however, require him to present such project to (1) To satisfy the contributive shares of devisees,
better inform itself of the condition of the estate. [3 legatees and heirs in possession of the decedent’s
Moran 541, 1980 Ed.] assets [Sec. 6, Rule 88]
(2) To enforce payment of expenses of partition,
It is the court that makes that distribution of the provided:
estate and determines the persons entitled thereto (a) No sufficient effects are retained in the hands
(1) On application of executor/administrator or of the executor or administrator at the time of
person interested in the estate distribution
(2) Notice (b) Expenses of partition are to be paid by
(3) Hearing interested parties in proportion to their
respective shares or interest
Court shall assign the residue of the estate to the (c) Such apportionment are settled and allowed
persons entitled to the same, naming them and the by the court
proportions, or parts, to which each is entitled. (d) Any person interested in the partition does not
pay his/her proportion or share [Sec. 3, Rule
Such persons may demand and recover their 90]
respective shares from the executor/administrator,

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(3) To satisfy the costs when a person is cited for (b) Court’s discretion
examination in probate proceedings [Sec. 13, Rule (c) If an inventory has already been filed
142]
(2) Faithful management
That he will manage and dispose of all such
estate, and faithfully discharge his trust in
Trustees relation thereto, according to law and the will of
the testator or the provisions of the instrument or
order under which he is appointed
DISTINGUISHED FROM EXECUTOR OR
ADMINISTRATOR (3) Accounting
Araneta v. Perez (1962): A trustee, like an That he will render upon oath at least once a year
executor/administrator, holds an office of trust, until his trust is fulfilled, unless he is excused in
particularly when the trustee acts as such under any year by the court, a true account of the
judicial authority. property in his hands and the management and
disposition thereof, and will render such other
The duties of executor/administrator are however, accounts as the court may order
fixed and/or limited by law whereas those of the
trustee of an express trust are, usually governed by (4) Settlement of account and delivery of estate.
the intention of the trustor or the parties, if That at the expiration of his trust he will settle his
established by contract. Besides, the duties of account in court and pay over and deliver all the
trustees may cover a wider range than those of estate remaining in his hands, or due from him on
executor/administrator of the estate of deceased such settlement, to the person or persons entitled
persons. to thereto. [Sec. 6, Rule 98]

CONDITIONS OF THE BOND REQUISITES FOR THE REMOVAL AND


Trustee must file bond before performing duties RESIGNATION OF A TRUSTEE
(1) Filed with the clerk of court (1) Petition by parties beneficially interested
(2) Amount fixed by the judge (2) Due notice to the trustee
(3) Payable to the government of Philippines (3) Hearing
(4) Sufficient and available for the protection of any
party in interest GROUNDS FOR REMOVAL AND RESIGNATION OF
A TRUSTEE
If the trustee fails to furnish a bond as required by GROUNDS FOR REMOVAL
the court, he fails to qualify as such. Nonetheless, the (1) Removal appears essential in the interest of
trust is not defeated by such a failure to give bond, petitioner;
he is considered to have declined or resigned the (2) Trustee is insane;
trust. [Sec. 5, Rule 98] (3) Otherwise incapable of discharging his trust; or
(4) Evidently unsuitable
WHEN EXEMPT
(1) When testator has directed such exemption; or GROUNDS FOR RESIGNATION
(2) All persons beneficially interested in the trust, He may resign but the court will determine if
request such exemption resignation is proper

Exemption may be cancelled by the court at any EXTENT OF AUTHORITY OF TRUSTEE


time. [Sec. 5, Rule 98] NATURE OF POSSESSION
The possession of the property by the trustee is not
CONDITIONS an adverse possession, but only a possession in the
(1) Inventory name and in behalf of the owner of the same.
That the trustee will make and return to the A trustee may acquire the trust estate by prescription
court, at such time as it may order, a true provided there is a repudiation of the trust, such
inventory of all the real and personal estate repudiation being open, clear and unequivocal,
belonging to him as trustee, which at the time of known to the cestui que trust [Salinas v. Tuazon
the making of such inventory shall have come to (1931)].
his possession or knowledge.
TERRITORIALITY OF AUTHORITY OF TRUSTEE
Exemption from inventory: The powers of a trustee appointed by a Philippine
(a) When trustee is not the original trustee court cannot extend beyond the confines of the
appointed territory of the Republic.

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The court shall direct a copy of the order to be


This is based on the principle that his authority published before the hearing at least once a week
cannot extend beyond the jurisdiction of the for 6 consecutive weeks in some newspaper of
Republic, under whose courts he was appointed. general circulation published in the province, as
[Herrera] the court shall deem best

Escheat The court shall hear the case and judge whether or
not the estate shall be escheated
Escheat is a proceeding where the real and personal
property of a person deceased in the Philippines,
who dies without leaving any will and without any
legal heirs, becomes the property of the State. If the court rules in favor of the Republic,

It is an incident or attribute of sovereignty and rests It shall assign the personal estate to the
on the principle of ultimate ownership by the state of municipality or city where the deceased last
all property within its jurisdiction. resided, and the real estate to the
municipalities or cities, respectively, in which
WHEN TO FILE the same is situated.
(1) Person dies intestate;
(2) Left properties in the Philippines; and If the deceased never resided in the
(3) Leaves no heir or person by law entitled to the Philippines, the whole estate may be
same [Sec. 1, Rule 91] assigned to the respective municipalities or
cities where the same is located.
REQUISITES FOR FILING OF PETITION
(1) A person died intestate Such estate shall be for the benefit of public
(2) He left no heirs or persons by law entitled to the schools, and public charitable institutions and
same centers in said municipalities or cities.
(3) Deceased left properties [City of Manila v.
Archbishop of Manila, 36 Phil. 815]
The right of escheat may be waived, either expressly
Note: Must be initiated by the Government through or impliedly. [Roman Catholic Archbishop of Manila v.
the Solicitor General. Monte de Peidad, et al., 68 Phil. 1]
The Court must fix a date and place for hearing,
which shall not be more than 6 months after the REMEDY OF RESPONDENT AGAINST PETITION;
entry of the order PERIOD FOR FILING A CLAIM
PERIOD TO APPEAL AND CLAIM THE ESTATE
PROCEDURE Appeal must be made within 5 years from date of
judgment; otherwise, barred forever [Sec. 5, Rule 91]
Solicitor General or his representative in behalf of
the Republic of the Philippines to file the petition: FILED BY WHOM
(a) Deceased was a resident of the Philippines—in (a) Devisee, legatee, heir, widow, widower, or other
the RTC of the province where he last resided person entitled to such estate appears
(b) Deceased was a non-resident—in the RTC of (b) Such person shall have possession of and title to
the province in which he had an estate the same, or if sold, the municipality or city shall
Actions for reversion or escheat of properties be accountable to him for the proceeds after
alienated in violation of the Constitution or of any deducting reasonable charges for the care of the
statute—in the province where the land lies in estate [Sec. 5, Rule 91]
whole or in part
PERIOD FOR FILING CLAIM
5 years from date the property was delivered to the
State [Sec. 5, Rule 91]
If the petition is sufficient in form and substance,
the court shall fix a date and place for the hearing

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Guardianship Hearing

The power of protective authority given by law and


imposed on an individual who is free and in the If granted,s ervice of judgement to the Local Civil
enjoyment of his rights, over one whose weakness on Registrat and payment of bond to the guardian.
account of his age or other infirmity renders him
unable to protect himself [Herrera].
GENERAL POWERS AND DUTIES OF GUARDIANS
GUARDIAN (a) Care and custody of the person of his ward and
A person lawfully invested with power and charged management of his property.
with the duty of taking care of a person who for some (b) Management of his property only.
peculiarity or status or defect of age, understanding (c) Management of property within the Philippines
or self-control is considered incapable of (in case of non-resident ward). [Sec. 1, Rule 96]
administering his own affairs [Herrera].
Specific duties
BASIS: PARENS PATRIAE (1) To pay the just debts of the ward out of:
It is the State’s duty to protect the rights of (a) Personal property and the income of the
persons/individuals who because of age/incapacity real property of the ward, if the same is
are in an unfavorable position vis-à-vis other parties sufficient
[Nery v. Lorenzo (1972)]. (b) Real property of the ward upon obtaining
an order for its sale or encumbrance. [Sec. 2,
KINDS OF GUARDIANS [Regalado] Rule 96]
(1) Legal Guardian – deemed as guardian by (2) To settle all accounts of his ward [Sec. 3, Rule
provision of law, without need of court 96]
appointment [Article 320, Civil Code; Article 225, (3) To demand, sue for, receive all debts due him,
Family Code] or, with the approval of the court, compound for
(2) Guardian ad Litem – appointed by the court to the same and give discharges to the debtor on
prosecute or defend a minor, insane or person receiving a fair and just dividend of the property
declared to be incompetent, in a court action. and effects [Sec. 3, Rule 96]
(3) Judicial Guardian – appointed by the court in (4) To appear for and represent the ward in all
pursuance to law, as guardians for insane actions and special proceedings, unless another
persons, prodigals, minor heirs of deceased war person is appointed for that purpose [Sec. 3,
veterans and other incompetent persons. Rule 96]
(a) Guardian over the person. (5) To manage the property of the ward frugally and
(b) Guardian of the property. without waste, and apply the income and profits
(c) General Guardian – has custody and care of thereon, insofar as may be necessary, to the
the ward’s person and property. comfortable and suitable maintenance of the
ward. If such income and profits be insufficient
The Rules on Guardianship in the Rules of Court for that purpose, to sell or encumber the real or
govern guardianship of incompetent. Guardianship personal property, upon being authorized by the
of minor is now governed by AM 03-02-05-SC. court to do so [Sec. 4, Rule 96]
(6) To consent to a partition of real or personal
GUARDIANSHIP OF INCOMPETENT property owned by the ward jointly or in
PROCEDURE common with others, upon:
Filing of Petition (a) Authority granted by the court after hearing
(b) Notice to relatives of the ward, and
(7) A careful investigation as to the necessity and
propriety of the proposed action. [Sec. 5, Rule
Court issues order setting time for hearing 96]
(8) To submit to the court a verified inventory of the
property of the ward:
(a) Within three months after his appointment
Notice to the incompetent and persons mentioned (b) Annually, and
in the petition (9) Whenever required upon the application of an
Publication only if incompetent is a non-resident. interested person. [Sec. 7, Rule 96]
(10) To report to the court any property of the ward
not included in the inventory which is discovered,
or succeeded to, or acquired by the ward within

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3 months after such discovery, succession, or evidence of the petitioner and next of kin, and other
acquisition [Sec. 4, Rule 96] persons interested, together with their witnesses,
(11) To render to the court for its approval an and grant or deny the petition as the best interests of
accounting of the property: the ward may require. [Sec. 3, Rule 95]
(a) One year from his appointment
(b) Every year thereafter, and ORDER FOR SALE OR ENCUMBRANCE
(12) As often as may be required. [Secs. 7 & 8, Rule Contents:
96] (1) Grounds for the sale or encumbrance.
(2) Manner of sale (public or private)
REIMBURSEMENT OF REASONABLE EXPENSES (3) Time and manner of payment
The court may authorize reimbursement to the (4) Security, if payment deferred
guardian, other than a parent, of reasonable (5) Additional bond from guardian, if required. [Sec.
expenses incurred in the execution of his trust. [Sec. 4, Rule 95]
8, Rule 96]
Duration: Not more than 1 year, unless renewed.
PAYMENT OF COMPENSATION
Court may order payment of reasonable INVESTMENT OF PROCEEDS AND MANAGEMENT OF
compensation not exceeding 10% of the net income PROPERTY
of the ward. [Sec. 8, Rule 96] The court may authorize and require the guardian to
invest the proceeds of sales or encumbrances, and
EMBEZZLEMENT, CONCEALMENT, OR CONVEYANCE OF any other money of his ward in his hands, in real or
WARD’S PROPERTIES personal property, for the best interests of the ward.
Complaint filed by Whom
(1) The guardian or ward, or The court may make such other orders for the
(2) Any person having actual or prospective interest management, investment, and disposition of the
in the property of the ward. property and effects, as circumstances may warrant.
[Sec. 1, Rule 95]
Court Examination
The court may require any person suspected of CONDITIONS OF THE BOND OF THE GUARDIAN
having embezzled, concealed, or disposed of any (Applicable for both Guardianship of Minors and
money, goods or interest, or a written instrument incompetents)
belonging to the ward or his property to appear for (1) To make and return to the court, within three
examination concerning any thereof and issue such months after the issuance of his letters of
orders as would secure the property against such guardianship, a TRUE AND COMPLETE
embezzlement, concealment or conveyance [Sec. 6, INVENTORY of all the real and personal property
Rule 96] of his ward which shall come to his possession or
knowledge or to the possession or knowledge of
Selling and Encumbering the Property of the Ward any other person in his behalf
Grounds (2) To FAITHFULLY EXECUTE THE DUTIES OF HIS
(1) When the income of a property under TRUST, to manage and dispose the property
guardianship is insufficient to maintain and according to this rule for the best interests of the
educate the ward ward, and to provide for his proper care, custody
(2) When it is for the benefit of the ward that his and education
personal or real property or any part thereof be (3) To render a TRUE AND JUST ACCOUNT of all the
sold, mortgaged or otherwise encumbered, and property of the ward in his hands, and of all
the proceeds invested in safe and productive proceeds or interest derived from them, and of
security, or in the improvement or security of the management and disposition of the same, at
other real property. [Sec. 1, Rule 95] the time designated by this rule and such other
times as the court directs and at the expiration of
How: Verified petition filed by the guardian. his trust, to settle his accounts with the court and
deliver and pay over all the property, effects, and
ORDER TO SHOW CAUSE monies remaining in his hands, or due from him
The court shall order the ward’s next of kin and all on such settlement, to the person lawfully
persons interested in the property to appear at a entitled thereto
reasonable time and place and show cause why the (4) To perform all orders of the court and such other
petition should not be granted. [Sec. 2, Rule 95] duties as may be required by law. [Sec. 1, Rule 94]

At the time and place designated in the order to


show cause, the court shall hear the allegations and

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RULE ON GUARDIANSHIP OVER MINORS (A.M. (6) Names, ages, and residences of relatives within
No. 03-02-05-SC) the 4th civil degree of the minor, and of persons
General Rule: having him in their care and custody
The father and the mother shall jointly exercise legal (7) Probable value, character and location of the
guardianship over the property of their property of the minor
unemancipated common child without the necessity (8) Name, age and residence of the person for whom
of a court appointment. [Sec. 3; also Article 225, letters of guardianship are prayed.
Family Code]
The petition shall be verified and accompanied by a
In case of disagreement, the father’s decision shall certification against forum shopping.
prevail, unless there is a judicial order to the contrary.
[Article 225, Family Code] No defect in the petition or verification shall render
void the issuance of letters of guardianship. [Sec. 7]
However, if the market value of the property or the
annual Income of the child exceeds P50,000.00, the Who may file Opposition
parent concerned shall furnish a bond. (1) Any interested person [Sec. 10]
(2) The social worker ordered to make the case study
PETITION FOR APPOINTMENT OF GUARDIAN report, if he finds that the petition for
Who may file guardianship should be denied. [Sec. 9]
(1) Resident minor
(a) Any relative How
(b) Other person on behalf of a minor If Interested person - by filing a written opposition.
(c) The minor himself, if 14 years of age or over [Sec. 10]
(d) The Secretary of DSWD or the Secretary of
DOH, in the case of an insane minor who If social worker – by filing an intervention if based on
needs to be hospitalized. [Sec. 2] finding the petition should be denied. [Sec. 9]

(2) Non-resident minor Grounds for Opposition


(a) Any relative or friend of such minor (1) Majority of the minor
(b) Anyone interested in his property, in (2) Unsuitability of the person for whom letters are
expectancy or otherwise. [Sec. 12] prayed.

Where to file Procedure


Resident minor - Family Court of the province or city Court shall fix a time and place for hearing.
where the minor actually resides

Non-resident minor - Family Court of the province or


city where his property or any part thereof is situated Filing of petition.
[Sec. 3]

Grounds for Filing


(1) Death, continued absence, or incapacity of his
parents Notice requirement
(2) Suspension, deprivation or termination of Court shall cause reasonable notice to be given
parental authority to:
(3) Remarriage of his surviving parent, if the latter is (a) The persons mentioned in the petition
found unsuitable to exercise parental authority (b) The minor, if he is 14 years of age or over
(4) When the best interests of the minor so require.
[Sec. 4] For non-resident minors, notice shall be given to
the minor by publication or any other means as
Contents of Petition the court may deem proper.
(1) Jurisdictional facts
(2) Name, age and residence of the prospective ward The court may also direct other general or special
(3) Ground rendering the appointment necessary or notice to be given.
convenient
(4) Death of the parents of the minor or the
termination, deprivation or suspension of their
parental authority
(5) Remarriage of the minor’s surviving parent

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Case Study Report (5) Availability to exercise the powers and duties of a
Court shall order a social worker to conduct a case guardian for the full period of the guardianship
study of the minor and all the prospective (6) Lack of conflict of interest with the minor
guardians and submit his report and (7) Ability to manage the property of the minor.
recommendation to the court for its guidance [Secs. 5 & 10]
before the scheduled hearing.
Grounds are not exhaustive. [Herrera]

Powers and Duties


In general
Hearing (1) Guardian of resident minor: Care and custody of
Compliance with notice requirement must be the person of his ward and the management of
shown. his property, or only the management of his
The prospective ward shall be presented to property.
the court. If the minor is non-resident, the (2) Guardian of non-resident minor: Management of
court may dispense with his presence. all his property within the Philippines [Sec. 17]
At the discretion of the court, the hearing on
guardianship may be closed to the public. Bonds of Guardians
The records of the case shall not be released Before a guardian enters upon the execution of his
without court approval. trust, or letters of guardianship issue, he must file a
bond as determined by the Court. [Sec. 14]

Whenever necessary, the court may require the


guardian to post a new bond and may discharge
Issuance or denial of letters of guardianship. from further liability the sureties on the old bond.
[Sec. 15]

Liability: In case of breach of any of its conditions, the


Service of final and executory judgment or order guardian may be prosecuted in the same proceeding
upon the Local Civil Registrar of the municipality for the benefit of the ward or of any other person
or city where the minor resides and the Register of legally interested in the property. [Sec. 15]
Deeds of the place where his property or part
thereof is situated, who shall annotate the same in REMOVAL, RESIGNATION, AND TERMINATION OF
the corresponding title, and report to the court GUARDIANSHIP
their compliance within fifteen days from receipt
of the order. Removal
How: Upon reasonable notice to the guardian.
Grounds: The guardian:
THE GUARDIAN (1) Becomes insane or otherwise incapable of
Order of Preference of Appointment (in default of discharging his trust
parents or a court-approved guardian) (2) Is found to be unsuitable
(1) The surviving grandparent. In case several (3) Wasted or mismanaged the property of the ward
grandparents survive, the court shall select any of (4) Failed to render an account or make a return for
them taking into account all relevant thirty days after it is due. [Sec. 14]
considerations.
(2) The oldest brother or sister of the minor over 21 Resignation
years of age, unless unfit or disqualified. Ground: Any justifiable cause.
(3) The actual custodian of the minor over 21 years of Upon the removal or resignation of the guardian, the
age, unless unfit or disqualified. court shall appoint a new one.
(4) Any other person, who in the sound discretion of
the court, would serve the best interests of the No motion for removal or resignation shall be
minor granted unless the guardian has submitted the
proper accounting of the property of the ward and
Qualifications the court has approved the same. [Sec. 24]
The court shall consider the guardian’s:
(1) Moral character Termination
(2) Physical, mental and psychological condition Grounds
(3) Financial status (1) The ward has come of age.
(4) Relationship of trust with the minor (2) The ward has died.

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Publication at least once a week for three


How consecutive weeks in newspaper of general
(1) Court motu proprio terminates guardianship circulation in province or city where the court is
(2) Upon verified motion of any person allowed to file situated. Court shall notify the Solicitor General if
a petition for guardianship. the petition prays for a change of name.
The guardian shall notify the court of the fact of
coming of age or death of the ward within 10 days of Child and Home Study Report
its occurrence. [Sec. 25]

The final and executory judgment or order removing


a guardian or terminating the guardianship shall be
served upon the Local Civil Registrar of the Hearing within 6 months from issuance of Order
municipality or city where the minor resides and the
Register of Deeds of the province or city where his
property or any part thereof is situated, who shall
enter the final and executory judgment or order in Supervised Trial Custody for at least 6 months
the appropriate books in their offices. [Sec. 26]

Decree of Adoption
Adoption
A juridical act which creates between two persons a
relation similar to that which results from filiation. Amendment of Birth Certificate
[Prasnick v. Republic, 98 Phil. 669 (1956)]
EFFECTS OF ADOPTION
Objective: Best interest of the child [Sec. 1] Parental Authority
All legal ties between thr biological parents and
DISTINGUISH DOMESTIC ADOPTION FROM adoptee are severed, and the same shall be vested
INTER-COUNTRY ADOPTION on the adopter, except if the biological parent is the
See Annex A. spouse of the adopter [Sec. 16, RA 8552]
DOMESTIC ADOPTION ACT Legitimacy
RA 8552 (Domestic Adoption Act) and the Rule on The adoptee shall be considered legitimate
Adoption govern the domestic adoption of Filipino son/daughter of the adopter for all intents and
children. purposes, and entitled to all rights and obligations
provided by law to legitimate children born to them
General Rule: Husband and wife shall adopt jointly without discrimination of any kind. Adoptee is
entitled to love, guidance, and support. [Sec. 17, RA
Exceptions: 8552]
(1) If one spouse seeks to adopt the legitimate child
of other Succession
(2) If one spouse seeks to adopt his own illegitimate Adopter and adoptee shall have reciprocal rights of
child, provided the other spouse has signified succession without distinction from legitimate
his/her consent filiation, in legal and intestate succession. If adoptee
(3) If spouses are legally separated [Sec. 7(c), RA and his/her biological parents had left a will, the law
8552] on testamentary succession shall govern. [Sec. 18, RA
8552]
PROCEDURE
Order of Hearing Book of Adoptions
The Clerk of Court shall keep a book of adoptions
showing the date of issuance of the decree in each
case, compliance by the Civil Registrar with the
court’s order, and all incidents arising after the
issuance of the decree. [Sec. 17, Adoption Rule (AR)]

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Confidentiality of Adoption Proceedings (5) VESTED RIGHTS shall be RESPECTED. [Sec. 20,
All hearings in adoption cases, after compliance with RA 8552]
the jurisdictional requirements shall be confidential
and shall not be open to the public. INTER-COUNTRY ADOPTION
RA 8043 (Inter-country Adoption Act) governs the
If the court finds that the disclosure of the adoption of Filipino children by:
information to a third person is necessary for security (1) Foreign nationals, and
reasons or for purposes connected with or arising out (2) Filipino citizens permanently residing abroad.
of the adoption and will be for the best interests of [Sec. 3 (a)]
the adoptee, the court may, upon proper motion,
order the necessary information to be released, WHEN ALLOWED
restricting the purposes for which it may be used.
[Sec. 15, RA 8552] INTER-COUNTRY ADOPTION AS THE LAST RESORT; “BEST
INTEREST OF THE CHILD” AS OBJECTIVE
INSTANCES WHEN ADOPTION MAY BE RESCINDED The Inter-country Adoption Board (ICAB) shall
RESCISSION OF ADOPTION OF THE ADOPTEE ensure that all possibilities for adoption of the child
Who May File under the Family Code (domestic adoption) have been
(1) Adoptee who is over 18 years of age exhausted and that inter-country adoption is in the
(2) If the adoptee is a minor, with the assistance of best interest of the child [Sec. 7, RA 8043]
the DSWD
(3) If the adoptee is over 18 years of age but FUNCTIONS OF THE RTC
incapacitated, by his guardian or counsel. [Sec. 19, (1) Filing of petition may be made with the Family
RA 8552] Court having jurisdiction over the place where the
child resides or may be found. [Sec. 28, AM 02-6-
Grounds: Committed by the adopter 02 SC or AR Part II]
(1) Repeated physical and verbal maltreatment (2) Court shall determine whether or not petition is
despite having undergone counseling sufficient in form and substance and a proper
(2) Attempt on the life of the adoptee case for inter-country adoption.
(3) Sexual assault or violence (3) Transmit the petition to the ICAB for appropriate
(4) Abandonment or failure to comply with parental action.
obligations.

Adoption, being in the best interests of the child,


shall not be subject to rescission by the adopter. Writ of Habeas Corpus
However, the adopter may disinherit the adoptee
for causes provided in Article 919 of the Civil Essentially a writ of inquiry, granted to test the right
Code. [Sec. 19, RA 8552] under which a person is detained, and to relieve a
person if such restrain is illegal
Where to file: Family Court of the city or province
where the adoptee resides. [Sec. 20, AR] Extends to all cases of illegal confinement or
detention by which any person is deprived of his
liberty, or by which the rightful custody of any person
When to file: is withheld from the person entitled thereto. [Sec. 1,
(1) Within 5 years after reaching age of majority Rule 102]
(2) If he was incompetent at the time of the
adoption, within 5 years after recovery from such Can only be suspended in cases of rebellion or
incompetency. [Sec. 21, AR] invasion and when public interest requires it (Art. III
Sec. 15)
Effects of Rescission of Adoption
(1) RESTORATION OF PARENTAL AUTHORITY to VITAL PURPOSES:
original parent if adoptee is a minor. In General
(2) RECIPROCAL RIGHTS AND OBLIGATIONS of (1) To obtain relief from illegal confinement
adopter and adoptee are EXTINGUISHED. (2) To liberate those who may be imprisoned without
(3) CANCELLATION of amended birth certificate and sufficient cause
RESTORE ORIGINAL. (3) To deliver them from unlawful custody
(4) SUCCESSIONAL RIGHTS SHALL REVERT to its [Villavicencio v. Lukban (1919)]
status PRIOR TO ADOPTION, as of the date of
final judgment of rescission. Prime specification of the application for a writ of

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habeas corpus is restraint of liberty. [Moncupa v. NATURE


Enrile (1986)] Not a suit between private parties, but an inquisition
by the government, at the suggestion and instance
In the case of minors of an individual, but still in the name and capacity of
(1) Prosecuted for the purpose of determining the the sovereign. [Alimpoos v. CA, 106 SCRA 159 (1981)]
right of custody of a child.
(2) Question of identity is relevant and material and Proceedings in habeas corpus are separate and
must be convincingly established. [Tijing v. CA distinct from the main case from which the
(2008)] proceedings spring.

To resolve questions of custody of a minor Ex parte Bollman: the question whether one shall be
The underlying rationale is not the illegality of the imprisoned is always distinct from the question of
restraint but the right of custody. [Tijing v. CA (2001)] whether the individual shall be convicted or
acquitted of the charge on which he is tried, and
WHO MAY ISSUE THE WRIT therefore these questions are separate, and may be
(1) The SC,CA, and RTC have concurrent jurisdiction decided in different courts [Herrera, citing 4 Cranch,
to issue WHC [Sec.2, Rule 102] 75, 101]
(2) Family courts have jurisdiction to hear petitions
for custody of minors and the issuance of the In the case of People v. Valte (1922), it was stated that
WHC in relation to custody of minors the writ of habeas corpus is not designed to interrupt
the orderly administration of the laws by a
TEMPORARY RELEASE MAY CONSTITUTE competent court acting within the limits of its
RESTRAINT -ELEMENTS jurisdiction, but is available only for the purpose
(a) Where a person continued to be unlawfully relieving from illegal restraint.
denied one or more of his constitutional rights
(b) Where there is present denial of due process Proceedings on habeas corpus to obtain release from
(c) Where the restraint is not merely involuntary but custody under final judgment being in the nature of
appear to be unnecessary collateral attack, the writ deals only with such radical
(d) Where a deprivation of freedom originally valid defects as render the proceeding or judgment
has in light of subsequent developments become absolutely void, and cannot have the effect of
arbitrary [Moncupa v. Enrile (1986)] appeal, writ of error or certiorari, for the purpose of
reviewing mere error and irregularities in the
General Rule: Release of detained person, whether proceedings. [People v. Valte (1922)]
permanent or temporary, makes the petition for
habeas corpus moot. WHC MAY BE USED WITH WRIT OF CERTIORARI
FOR PURPOSES OF REVIEW
Exception: The two writs may be ancillary to each other where
(1) Doctrine of Constructive Restraint- Unless there necessary to give effect to the supervisory powers of
are restraints attached to his release which higher courts.
precludes freedom of action in which case the
Court can still inquire into the nature of his WHC reaches the body of the jurisdictional matters,
involuntary restraint but not the record. Writ of certiorari reaches the
record but not the body [Galvez v. CA (1994)]
The essential object and purpose of the writ of
habeas corpus is to inquire into all manner of While generally, the WHC will not be granted when
involuntary restraint. Any restraint which will there is an adequate remedy like writ of error,
preclude freedom of action is sufficient. appeal, or certiorari, it may still be available in
[Villavicencio v Lukban (1919)] exceptional cases [Herrera, citing 39 C.J.S. Habeas
corpus §13, 486-488]
(2) Violation of freedom from threat by the apparent
threat to life, liberty and security of their person WHC IS NOT THE PROPER REMEDY FOR THE
from the following facts: CORRECTION OF ERRORS OF FACT OR LAW
(a) Threat of killing their families if they tried to Exception: Error affects court’s jurisdiction (making
escape the judgment void) [Herrera]
(b) Failure of the military to protect them from
abduction WHC does not lie where the petitioner has the
(c) Failure of the military to conduct effective remedy of appeal or certiorari. [Galvez v. CA (1994)]
investigation [Secretary of Justice v. Manalo]

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WHC IS NOT PROPER: CONTENTS OF THE RETURN


(a) To assert or vindicate denial of right to bail Made by the person or officer in whose custody the
[Galvez v. CA (1994)] prisoner is found:
(b) For correcting errors in appreciation of fact or law (1) Whether he has or has not the party in his
[Sotto v. Director of Prisons (1962)] custody or power, or under restraint
(2) If he has the party in his custody or power, or
WHC IS PROPER: under restraint, the authority and the true and
(a) Remedy for reviewing proceedings for deportation whole cause thereof, set forth at large, with a
of aliens [De Bisschop v. Galang, (1963)] copy of the writ, order execution, or other process,
(b) Where the court has no jurisdiction to impose the if any, upon which the party is held
sentence [Banayo v. President of San Pablo, 2 Phil. (3) If the party is in his custody or power or is
413 (1903)] restrained by him, and is not produced,
particularly the nature and gravity of the sickness
CONTENTS OF THE PETITION or infirmity of such party by reason of which he
Who May Apply cannot, without danger, be bought before the
(1) The party for whose relief it is intended, or court or judge
(2) By some person on his behalf [Sec. 3, Rule 102] (4) If he has had the party in his custody or power, or
Some person – any person who has a legally justified under restraint, and has transferred such custody
interest in the freedom of the person whose liberty is or restraint to another, particularly to whom, at
restrained or who shows some authorization to make what time, for what cause, and by what authority
the application [Velasco v. CA (1995)] such transfer was made. [Sec. 10, Rule 102]

REQUISITES OF APPLICATION: The return or statement shall be signed by the


(1) That the person in whose behalf the application is person who makes it; and shall also be sworn by him
made is imprisoned or restrained of his liberty if the prisoner is not produced, and in all other cases,
(2) The officer or name of the person by whom he is unless the return is made and signed by a sworn
so imprisoned or retrained or if both are unknown public officer in his official capacity. [Sec. 11, Rule 102]
or uncertain, such officer or person may be
described by an assumed appellation, and the WHEN THE RETURN CONSIDERED EVIDENCE, AND WHEN
person who is served with the writ shall be ONLY A PLEA
deemed the person intended (a) When the prisoner is in custody under a warrant
(3) The place where he is so imprisoned or of commitment in pursuance of law, the return
restrained, if known shall be considered prima facie evidence of the
(4) A copy of the commitment or cause of detention cause of restraint.
of such person, if it can be procured without any (b) If he is restrained of his liberty by any alleged
legal authority, such fact shall appear. private authority, the return shall be considered
only as a plea of the facts therein set forth, and
PROCEDURE the party claiming the custody must prove such
(1) Application for the writ by petition [Sec. 3, Rule facts. [Sec. 13, Rule 102]
102]
(2) Grant or disallowance by court or judge [Secs. 4 & DISTINGUISH PEREMPTORY WRIT FROM
5, Rule 102] PRELIMINARY CITATION
(3) Clerk of Court issues the writ under the seal of PRELIMINARY CITATION – requires the respondent to
court (in case of emergency, by the judge himself) appear and show cause why the peremptory writ
[Sec. 5. Rule 105] should not be granted
(4) Service:
(a) By whom: sheriff or other proper officer PEREMPTORY WRIT – unconditionally commands the
(b) How: leaving the original with the person to respondent to have the body of the detained person
whom it is directed and preserving a copy on before the court at a time and place therein specified
which to make return [Lee Yick Hon v. Collector of Customs, (1921)]
(c) To whom: officer in custody or any officer
(when in custody of person other than an WHEN WRIT NOT PROPER OR APPLICABLE
officer) [Sec. 7, Rule 105] WHC will not issue where:
(5) Execution and return: (1) The person alleged to be restrained of his liberty
(a) Officer brings the person before the judge, is in custody of an officer
and (2) Under process issued by the court or judge
(b) Officer makes due return [Sec. 8, Rule 102] (3) By virtue of a judgment or order of a court of
record

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(4) The Court or judge had jurisdiction to issue the


process, render the judgment or make the order.
[Sec. 4, Rule 102] DISTINGUISHED FROM WRIT OF AMPARO AND
HABEAS DATA
The operative act is detention or restraint (whether or See Annex B.
not physical). If there is none, no WHC will issue
despite the possibility of respondent being liable to CUSTODY OF MINORS AND WRIT OF HABEAS
civil, criminal, or administrative action. CORPUS IN RELATION TO CUSTODY OF MINORS
(A.M. NO. 03-04-04-SC)
Judicial discretion is exercised in the issuance of the
writ, and will not issue as a matter of course APPLICABILITY
[Eugenio, Sr. v. Velez (1990)] Applies to petitions for custody of minors and writs of
habeas corpus in relation thereto.
Improper arrest or lack of preliminary investigation is
not a valid ground for the issuance of WHC. The Rules of Court shall apply suppletorily. [Sec. 1]
proper remedy is a motion to quash the warrant of
arrest and/or information before the trial court PETITION FOR RIGHTFUL CUSTODY
[Ilagan v. Enrile, 1985] Verified petition for the rightful custody of a minor
may be filed by any person claiming such right.
Posting of a bail is not a waiver of the right to
challenge the validity of the arrest, and therefore the Party against whom it may be filed shall be
right to resort to WHC [Sec. 26, Revised Rules of designated as the respondent. [Sec. 2]
Criminal Procedure]

A person discharged on bail is not entitled to WHC, WHERE TO FILE


because such person is not imprisoned or restrained Filed with the Family Court of the province or city
of his liberty in such a way as to entitle him to the where the petitioner resides or where the minor may
WHC. [Tan Me Nio v. Collector of Customs, (1916)] be found. [Sec. 3]

WHEN DISCHARGE NOT AUTHORIZED CONTENTS:


DISCHARGE FROM CUSTODY WILL NOT BE ALLOWED IF: (1) The personal circumstances of the petitioner and
(1) Jurisdiction appears after the writ is allowed, of the respondent
despite any informality or defect in the process, (2) The name, age and present whereabouts of the
judgment, or order. minor and his or her relationship to the petitioner
(2) Person is charged with or convicted of an offense and the respondent
in the Philippines (3) The material operative facts constituting
(3) Person is suffering imprisonment under lawful deprivation of custody
judgment [Sec. 4, Rule 102] (4) Such other matters which are relevant to the
(4) If it appears that the prisoner was lawfully custody of the minor [Sec. 4]
committed, and is plainly and specifically
charged in the warrant of commitment with an Verified and accompanied with a certificate against
offense punishable by death [Sec. 14, Rule 102] forum shopping signed by the petitioner personally.
(5) Even if the arrest of a person is illegal, due to [Sec. 4]
supervening events
(a) Issuance of a judicial process If court is satisfied that the petition is sufficient in
[Sayo v. Chief of Police of Manila (1948)] form and substance, it shall direct the clerk of court
to issue summons, which shall be served together
Judicial process is defined as a writ, warrant, with a copy of the petition personally on the
subpoena, or other formal writing issued by respondent. [Sec. 5]
authority of law. [Malaloan v. CA (1994)]
ANSWER TO THE PETITION
(b) The filing before a trial court a complaint General Rule: Motion to dismiss the petition is not
which issued a hold departure order and allowed. Any other ground that might warrant the
denied motion to dismiss and to grant bail dismissal of the petition may be raised as an
[Velasco v. CA(1995)] affirmative defense in the answer.

(c) Filing of an information for the offense for Exception: On the ground of lack of jurisdiction over
which the accused is detained bars the the subject matter or over the parties. [Sec. 6]
availability of WHC [Velasco v. CA (1995)]

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Verified Answer – Personally verified and filed within the issue is not settled through mediation, the court
5 days after service of summons. [Sec. 7] shall proceed with the pre-trial. [Sec. 12]

Case study – upon the filing of the verified answer or Ater an answer has been filed or after expiration of
the expiration of the period to file it, the court may the period to file it, the court may issue a provisional
order a social worker to make a case study of the order awarding custody of the minor to:
minor and the parties and to submit to the court at (1) Both parents jointly
least 3 days before pre-trial. [Sec. 8] (2) Either parent
(3) The grandparent, or if there are several
MANDATORY PRE-TRIAL grandparents, the grandparent chosen by the
Notice - 15 days after the filing of the answer or the minor over 7 years of age and of sufficient
expiration of the period to file answer, the court shall discernment
issue an order: (4) The eldest brother or sister over 21 years of age
(1) Fixing a date for the pre-trial conference (5) The actual custodian of the minor over 21 years of
(2) Directing the parties to file and serve their age
respective pre-trial briefs (6) Any other person or institution the court may
(3) Requiring the respondent to present the minor deem suitable. [Sec. 13]
before the court.
INTERIM RELIEFS
The notice of its order shall be served separately on Temporary visitation rights - court shall provide in its
both the parties and their respective counsels. [Sec. order awarding provisional custody appropriate
9] visitation rights to the non-custodial parent or
parents.
Pre-trial brief contains the following:
(1) A statement of the willingness of the parties to Unless the court finds said parent or parents unfit or
enter into agreements that may be allowed by disqualified.
law, indicating its terms
(2) A concise statement of their respective claims The temporary custodian shall give the court and
together with the applicable laws and authorities non custodial parent or parents at least 5 days'
(3) Admitted facts and proposed stipulations of facts notice of any plan to change the residence of the
(4) The disputed factual and legal issues minor or take him out of his residence for more than
(5) All the evidence to be presented 3 days. [Sec. 15]
(6) The number and names of the witnesses and
their respective affidavits Hold Departure Order – the minor child shall not be
(7) Such other matters as the court may require to be brought out of the country without prior order from
included. the court while the petition is pending.

Failure to file the pre-trial brief or to comply with its The Court, motu proprio or upon application under
required contents has same effect as failure to oath, may issue ex parte a hold departure order,
appear at the pre-trial. [Sec. 10] addressed to the Bureau of Immigration and
Deportation (BID), directing it not to allow the
If the petitioner fails to appear personally at the pre- departure of the minor from the Philippines without
trial, the case shall be dismissed. court permission.

Unless his counsel or a duly authorized The Family Court issuing the hold departure order
representative appears in court and proves a valid shall furnish the DFA and the BID of the DOJ a copy
excuse for the non-appearance of the petitioner. of the hold departure order within 24 hours from its
[Sec. 11] issuance.

If the respondent has filed his answer but fails to The court may recall the hold departure order motu
appear at the pre-trial, the petitioner shall be proprio or upon verified motion of any of the parties
allowed to present his evidence ex parte. The Court after summary hearing. [Sec. 16]
shall then render judgment on the basis of the
pleadings and the evidence thus presented. [Sec. 9] Protection Order (PO) - court may issue a PO
requiring any person:
At the pre-trial, the parties may agree on the custody (1) To stay away from the home, school, business, or
of the minor. If the parties fail to agree, the court place of employment of the minor, other parent
may refer the matter to a mediator who shall have 5 or any other party, or from any other specific
days to effect an agreement between the parties. If place

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(2) To cease and desist from harassing, intimidating, refer the case to the Family Court as soon as its
or threatening such minor or the other parent or presiding judge returns to duty.
any person to whom custody of the minor is
awarded Petition may also be filed with the appropriate
(3) To refrain from acts or omission that create an regular courts in places where there are no Family
unreasonable risk to minor Courts.
(4) To permit a parent, or a party entitled to visitation
by a court order or a separation agreement, to The petition may be filed with the SC, CA, or with any
visit the minor at stated periods of its members and shall be enforceable anywhere in
(5) To permit a designated party to enter the the Philippines. The writ may be made returnable to
residence during a specified period of time in a Family Court or to any regular court within the
order to take personal belongings not contested region where the petitioner resides or where the
in a proceeding pending with the Family Court minor may be found for hearing and decision on the
(6) To comply with such other orders as are merits.
necessary for the protection of the minor. [Sec. 17]
Upon return of the writ, the court shall decide the
JUDGMENT issue on custody of minors. [Sec. 20]
Court shall render judgment awarding the custody of
the minor to the proper party considering the best
interests of the minor.

If both parties are unfit to have the care and custody Writ of Amparo
of the minor, the court may designate either the
paternal or maternal grandparent of the minor, or (a) Literally means to protect
his oldest brother or sister, or any reputable person (b) Came originally from Mexico and evolved into
to take charge of such minor, or commit him to any many forms
suitable home. (1) Amparo libertad – for protection of personal
freedom
Court may order either or both parents to give an (2) Amparo contra leyes – for judicial review of the
amount necessary for the support, maintenance and constitutionality of statutes
education of the minor, irrespective of custodianship. (3) Amaparo casacion – judicial review of
constitutionality and legality of judicial
The court may also issue any order that is just and decisions
reasonable permitting the parent who is deprived of (4) Amparo agrario – for protection of peasants’
the care and custody of the minor to visit or have rights
temporary custody. [Sec. 18]
(c) AM No 7-9-12-SC (Rules on the Writ of Amparo)
Appeal [Amparo Rule] was promulgated by the Supreme
Appeal from the decision shall be allowed, unless the Court by virtue of the 1987 Constitution stating
appellant has filed a motion for reconsideration or that the SC has the power to “[p]romulgate rules
new trial within 15 days from notice of judgment. concerning the protection and enforcement of
constitutional rights…” (Art VIII Sec. 5)
An aggrieved party may appeal from the decision by
filing a Notice of Appeal within 15 days from notice of Interpreted as the additional power to
the denial of the motion for reconsideration or new promulgate rules to protect and enforce rights
trial and serving a copy on the adverse parties. [Sec. guaranteed by the fundamental law of the land.
19]
COVERAGE
WRIT OF HABEAS CORPUS IN RELATION TO WRIT OF AMPARO
CUSTODY OF MINORS Remedy available to any person whose right to life,
A verified petition for a writ of habeas corpus liberty and security is violated or threatened with
involving custody of minors filed with the Family violation by an unlawful act or omission of a public
Court. The writ shall be enforceable within the official or employee, or of a private individual or
judicial region the Family Court belongs. entity.

However, the petition may be filed with a regular The writ shall cover:
court in the absence of the presiding judge of the (1) Extralegal killings (killings committed without
Family Court provided that the regular court shall due process of law) and
(2) Enforced disappearances [Sec. 1, Amparo Rule]

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degree of consanguinity or affinity, in default of


Elements of Enforced Disappearance: those mentioned in the preceding paragraph or
(a) An arrest, detention or abduction of a person by a (4) Any concerned citizen, organization, association
government official or organized groups or or institution if there is no known member of the
private individuals acting with the direct or immediate family or relative of the aggrieved
indirect acquiescence of the government party.
(b) The refusal of the State to disclose the fate or
whereabouts of the person concerned or a refusal The filing of a petition by the aggrieved party
to acknowledge the deprivation of liberty which suspends the right of all other authorized parties to
places such persons outside the protection of law file similar petitions. [Sec. 2]
[Sec. of National Defense v. Manalo (2008)]
RATIO FOR PREFERENCE
The writ applies only to the right to life, liberty and (1) Necessary for the prevention of indiscriminate
security of persons and not the property. and groundless filing of petitions for amparo
which may even prejudice the right to life, liberty
“Right to security” as a guarantee of protection by or security of the aggrieved party
the government, is violated by the apparent threat to (2) Untimely resort to the writ by a non-member of
the life, liberty and security of their person. the family may endanger the life of the
aggrieved party

DISTINGUISH FROM WRIT OF HABEAS CORPUS WHERE TO FILE


AND HABEAS DATA (1) RTC where the threat, act or omission was
See Annex C committed or any of its element occurred
(2) Sandiganbayan—unlike the writ of habeas
DISTINGUISH WRIT OF AMPARO FROM SEARCH corpus, because public officials and employees
WARRANT will be respondents in amparo petitions
Secretary of Defense v. Manalo (2008): The production (3) Court of Appeals
order under the Amparo Rule should not be (4) Supreme Court
confused with a search warrant for law enforcement (5) Any justice of such courts [Sec. 3]
under Article III, Section 2 of the 1987 Constitution.
May be filed on any day, including Saturdays,
The Constitutional provision is a protection of the Sundays, and holidays; from morning until evening.
people from the unreasonable intrusion of the
CONTENTS
government, not a protection of the government
from the demand of the people such as respondents. (1) The personal circumstances of the petitioner;
(2) The name and personal circumstances of the
Instead, the Amparo production order may be respondent responsible for the threat, actor
likened to the production of documents or things omission or if the name is unknown or uncertain,
under Section 1, Rule 27 of the Rules of Civil the respondent may be described by an assumed
Procedure i.e. “Upon motion of any party showing appellation;
good cause therefor, the court in which an action is (3) The right to life, liberty and security of the
pending may (a) order any party to produce and aggrieved party violated or threatened with
permit the inspection and copying or photographing, violation by an unlawful act or omission of the
by or on behalf of the moving party, of any designated respondent, and how such threat or violation is
documents, papers, books of accounts, letters, committed with the attendant circumstances
photographs, objects or tangible things, not privileged, detailed in supporting affidavits;
which constitute or contain evidence material to any (4) The investigation conducted, if any, specifying the
matter involved in the action and which are in his names, the personal circumstances and
possession, custody or control...” addresses of the investigating authority or
individuals, as well as the manner and conduct of
WHO MAY FILE the investigation, together with any report;
(1) Aggrieved party (5) The actions and recourses taken by the petitioner
(2) Any member of the immediate family namely: the to determine the fate or whereabouts of the
spouse, children and parents of the aggrieved aggrieved party and the identity of the person
party responsible for the threat, act or omission; and
(3) Any ascendant, descendant or collateral relative (6) The relief prayed for.
of the aggrieved party within the fourth civil
May include a general prayer and equitable reliefs.

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Signed and verified [Sec. 5] BUT: The court, justice, or judge may call for a
preliminary conference to simplify the issues and
No docket fees and other lawful fees. [Sec. 4] determine the possibility of obtaining stipulations
and admissions from the parties. [Sec. 13]
CONTENTS OF RETURN
Upon the filing of the petition, the court shall order PROHIBITED PLEADINGS AND MOTIONS
the issuance of the writ. (1) Motion to dismiss
(2) Motion for extension of time to file return,
The respondent shall file a verified written return opposition, affidavit, position paper and other
together with supporting affidavits within 72 hours pleadings
after service of the writ. (3) Dilatory motion for postponement
(4) Motion for a bill of particulars
CONTENTS: (5) Counterclaim or cross-claim
(1) The lawful defenses to show that the respondent (6) Third-party complaint
did not violate or threaten with violation the right (7) Reply
to life, liberty and security of the aggrieved party, (8) Motion to declare respondent in default
through any act or omission (9) Intervention
(2) The steps or actions taken by the respondent to (10) Memorandum’
determine the fate or whereabouts of the (11) Motion for reconsideration of interlocutory
aggrieved party and the person responsible for orders or interim relief orders and
the threat, act or omission (12) Petition for certiorari, mandamus or prohibition
(3) All relevant information in the possession of the against any interlocutory order. [Sec. 11]
respondent pertaining to the threat, act or
omission against the aggrieved party and Allows motion for new trial and petition for relief
(4) If the respondent is a public official or employee from judgment
the return shall further state the actions that
have been or will still be taken. JUDGMENT
(5) The return shall also state matters relevant to the The court shall render judgment within ten (10) days
investigation, its resolution and the prosecution from the time of petition is submitted for decision.
of the case.
ARCHIVING AND REVIVAL OF CASES
No general denial allowed. [Sec. 9] If the case cannot proceed for valid cause, the court
shall not dismiss the petition but shall archive it. If
TO WHOM RETURNABLE after the lapse of two (2) years from the notice of
(1) If filed with RTC, returnable to RTC or any judge archiving, the petition shall be dismissed for failure
(2) If filed with Sandiganbayan, CA or any justice, to prosecute. [Sec. 20]
returnable to such court or any justice or the RTC
where the threat, act or omission was committed INSTITUTION OF SEPARATE ACTIONS
or any of its elements occurred. The Rule shall neither preclude the filing of separate
(3) If filed with the SC, returnable to the SC or any criminal, civil or administrative actions nor suspend
justice, or to the CA, SB or any of its justices, or the filing of criminal, civil or administrative actions.
the RTC where the threat, act or omission was [Sec. 21]
committed or any of its elements occurred. [Sec.
3] But a claim for damages should instead be filed in a
proper civil action.
OMNIBUS WAIVER RULE
DEFENSES NOT PLEADED DEEMED WAIVED. If the evidence so warrants, the amparo court may
All defenses shall be raised in the return, otherwise, refer the case to the Department of Justice for
they shall be deemed waived. [Sec. 10] criminal prosecution, because the amparo
proceeding is not criminal in nature and will not
EFFECT OF FAILURE TO FILE A RETURN determine the criminal guilt of the respondent.
In case the respondent fails to file a return, the court,
justice or judge shall proceed to hear the petition ex
parte. EFFECT OF FILING OF A CRIMINAL ACTION
When a criminal action has been commenced, NO
PROCEDURE FOR HEARING ON THE WRIT SEPARATE PETITION for the writ shall be filed.
SUMMARY HEARING
Hearing on the petition shall be summary. Reliefs under the writ shall be available by motion in
a criminal case.

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for the purpose of inspecting, measuring,


Procedure under this Rule shall govern the surveying, or photographing the property or any
disposition of the reliefs available under the writ of relevant object or operation thereon.
amparo. [Sec. 22]
The motion shall state in detail the place or
CONSOLIDATION places to be inspected. It shall be supported by
When a criminal action is filed subsequent to the affidavits or testimonies of witnesses having
filing of a petition for the writ, the latter shall be personal knowledge of the enforced
consolidated with the criminal action. disappearances or whereabouts of the aggrieved
party.
When a criminal action and a separate civil action
are filed subsequent to a petition for a writ of If the motion is opposed on the ground of
amparo, the latter shall be consolidated with the national security or of the privileged nature of the
criminal action. information, the court, justice or judge may
conduct a hearing in chambers to determine the
After consolidation, the procedure under this Rule merit of the opposition.
shall continue to apply to the disposition of the
reliefs on the petition. [Sec. 23] The movant must show that the inspection order
is necessary to establish the right of the
Interim Reliefs Available to Petitioner and aggrieved party alleged to be threatened or
Respondent violated.
Upon filing of the petition or at any time before final
judgment The inspection order shall specify the person or
persons authorized to make the inspection and
INTERIM RELIEFS AVAILABLE TO THE the date, time, place and manner of making the
PETITIONER inspection and may prescribe other conditions to
(1) TEMPORARY PROTECTION ORDER. – The court, protect the constitutional rights of all parties.
justice or judge, upon motion or motu proprio, The order shall expire five (5) days after the day of
may order that the petitioner or the aggrieved its issuance, unless extended for justifiable
party and any member of the immediate family reasons. [Sec. 14(b)]
be protected in a government agency or by an
accredited person or private institution capable of (a) Requires hearing, may be availed of both the
keeping and securing their safety. If the petitioner and the respondent
petitioner is an organization, association or (b) If the court, justice or judge gravely abuses his
institution referred to in Section 3(c) of this Rule, or her discretion in issuing the inspection
the protection may be extended to the officers order, the aggrieved party is not precluded
concerned. from filing a petition for certiorari with the
Supreme Court
The SC shall accredit the persons and private (3) PRODUCTION ORDER. – The court, justice or judge,
institutions that shall extend temporary upon verified motion and after due hearing may
protection to the petitioner or aggrieved party order any person in possession, custody or control
and any member of the immediate family, in of any designated documents, papers, books,
accordance to the guidelines which it shall issue. accounts, letters, photographs, objects or
tangible things, or objects in digitized or
The accredited persons and private persons and electronic form which constitute or contain
private institutions shall comply with the rules evidence relevant to the petition or the return, to
and conditions that may be imposed by the court, produce and permit their inspection, copying or
justice or judge. [Sec. 14(a)] photographing by or on behalf of the movant.

Different from the inspection and production Grounds for Opposition


order in that the temporary protection order (a) National security
and the witness protection order do not need a (b) Privileged nature of the information
verification and may be issued motu proprio or In which case the court, justice or judge may
ex parte. conduct a hearing in chambers to determine the
merit of the opposition. [Sec. 14(c)]
(2) INSPECTION ORDER. – The court, justice or judge
upon verified motion and after due hearing may (i) Only granted upon motion and hearing
order any person in possession or control of a (ii) Not the same as search warrant for law
designated land or other property, to permit entry enforcement under Art. III, Sec. 2 of the

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Constitution since the latter is a protection of evidence of the ordeal will come from the victims
the people from unreasonable intrusion of the themselves.
government, not a protection of the
government from the demand of the people Their statements can be corroborated by other
such as respondents evidence such as physical evidence left by the torture
(iii) More similar to production of documents or or landmarks where detained.
things under Sec. 1 Rule 27 of Rules of Civil
Procedure

(4) WITNESS PROTECTION ORDER. – The court, justice or


judge, upon motion or motu proprio, may refer the Change of Name and
witnesses to
(a) The Department of Justice for admission to Cancellation or Correction of
the Witness Protection, Security and Benefit
Program.
Entries in the Civil Registry
(b) Other government agencies, or to accredited
DIFFERENCES UNDER THE APPLICABLE RULES
persons or private institutions capable of
(RULE 103, RULE 108, RA 9048)
keeping and securing their safety. [Sec. 14(d)]
See Annex D
INTERIM RELIEFS AVAILABLE TO THE
GROUNDS FOR CHANGE OF NAME
RESPONDENT
See Annex D
(a) Inspection Order
(b) Production Order [Sec. 15]
JURISPRUDENCE
REQUISITES Laperal vs. Republic (1962): Legal separation is not a
(1) Verified motion of the respondent ground for the female spouse to apply for a change
(2) Due hearing of name under Rule 103.
(3) Affidavits or testimonies of witnesses having
personal knowledge of the defenses of the No Yao Siong v. Republic (1966): The name that can
respondent. [Sec. 15] be changed is the name that appears in the civil
register, and not in the baptismal certificate or that
QUANTUM OF PROOF IN APPLICATION FOR which the person is known in the community.
ISSUANCE OF WRIT: SUBSTANTIAL EVIDENCE
The parties shall establish their claims by substantial Ong Huan Tin v. Republic (1967): An alien may petition
evidence. for change of name but he must be domiciled in the
Philippines.
IF RESPONDENT IS A PUBLIC OFFICIAL OR EMPLOYEE
(a) Must prove that extraordinary diligence as Oshito vs. Republic (1967): Verification is a formal, not
required as required by the applicable laws, rules a jurisdictional, requirement. The lack of verification
and regulations was observed in the performance is not a ground for dismissing the petition. However,
of duty. before setting the petition for hearing, the court
(b) Cannot invoke the presumption that official duty should have required the petitioner to have the
has been regularly performed to evade petition verified.
responsibility or liability
Go Chiung Beng vs. Republic (1972): All aliases of the
IF RESPONDENT IS A PRIVATE INDIVIDUAL OR ENTITY applicant must be set forth in the petition’s title.
Must prove that ordinary diligence as required by Such defect is fatal, even if said aliases are contained
applicable laws, rules and regulations was observed in the body of the petition.
in the performance of duty. [Sec. 17]
Secan Kok vs. Republic (1973): A change of name
granted by the court affects only a petitioner. A
separate petition for change of name must be filed
for his/her spouse and children.
Sec. of Justice v. Manalo (supra): With the secret
Silverio vs. Republic (2007): A person’s first name
nature of an enforced disappearance and the torture
cannot be changed on the ground of sex
perpetrated on the victim during detention, it
reassignment. RA 9048 does not sanction a change
logically holds that much of the information and
of first name on the ground of sex reassignment.
Before a person can legally change his given name,

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he must present proper or reasonable cause or any (1) he has properties which have to be taken cared of
compelling reason justifying such change. In or administered by a representative appointed by
addition, he must show that he will be prejudiced by the Court [Article 384, Civil Code];
the use of his true and official name. Silverio failed to (2) the spouse of the absentee is asking for
show, or even allege, any prejudice that he might separation of property [Article 191, Civil Code]; or
suffer as a result of using his true and official name. (3) his wife is asking the Court that the
Rather than avoiding confusion, changing administration of an classes of property in the
petitioner’s first name may only create grave marriage be transferred to her [Article 196, Civil
complications in the civil registry and the public Code].
interest.
General Rule: No independent action for declaration
No law allows the change of entry in the birth of presumption of death [Nicolai v. Szatrow, 1948)]
certificate as to sex on the ground of sex
reassignment. RA 9048 only allows correction of Exception: For purpose of contracting a second
clerical or typographical errors. A correction in the marriage [Article 41, Family Code]
civil registry involving the change of sex is not a mere
clerical or typographical error. The birth certificate of WHO MAY FILE; WHEN TO FILE
petitioner contained no error. All entries therein, Petition for Appointment of a Representative [PAR]
including those corresponding to his first name and to provisionally represent absentee
sex, were all correct. No correction is necessary. When a person:
(1) Disappears from his domicile, his whereabouts
People vs. Cagandahan (2008): Intersexuality is a being unknown
valid ground for change of name and change of entry (2) Has not left an agent to administer his property or
of sex in the civil registry. Where the person is the power conferred upon the agent has expired.
biologically or naturally intersex the determining [Sec. 1, Rule 107]
factor in his gender classification would be what the
individual, having reached the age of majority, with Who may file PAR
good reason, thinks of his sex. Sexual development (1) Any interested party
in cases of intersex persons makes the gender (2) Relative
classification at birth inconclusive. It is at maturity (3) Friend [Sec. 1, Rule 107]
that the gender of such persons is fixed.
Petition for Declaration of Absence and Appointment
Failure to implead the local civil registrar as well as of Trustee or Administrator [PDA]
all persons who have or claim any interest did not
render the petition fatally defective. Cagandahan Filed after 2 years:
furnished the local civil registrar a copy of the (1) From the disappearance of and without any news
petition, the order to publish, and all pleadings, from the absentee OR
orders or processes in the course of the proceedings. (2) Since the receipt of the last news about him.
There was therefore substantial compliance of the Filed after 5 years, if the absentee left an
provisions of Rules 103 and 108 of the Rules of Court. administrator of his property. [Sec. 2, Rule 107]

Who may file PDA and be appointed


(1) The spouse present
(2) The heirs instituted in a will, who may present an
Absentees authentic copy of the same
(3) The relatives who would succeed by the law of
PURPOSE OF THE RULE intestacy
In Re: Petition for Declaration of Absence of Roberto L. (4) Those who have over the property of the absentee
Reyes (1986): The declaration of absence made in some right subordinated to the condition of his
accordance with the provisions of the Civil Code has death. [Sec. 2, Rule 107]
for its SOLE PURPOSE to enable the taking of the
necessary precautions for the administration of the WHEN TERMINATED
estate of the absentee. (1) Absentee appears personally or through an agent
(2) Absentee’s death is proved and heirs appear
There is a need to have a person judicially declared (3) Third person appears, showing that he acquired
an absentee when: title over the property of the absentee

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Cancellation or Correction of Under RA 9048, as amended by RA 10172:


Entries in the Civil Registry CLERICAL or TYPOGRAPHICAL ERRORS

General Rule: Entry in a civil register shall be changed


ENTRIES SUBJECT TO CANCELLATION OR or corrected with a judicial order.
CORRECTION UNDER RULE 108, IN RELATION TO
RA 9048 Exception:
Under RULE 108: SUBSTANTIAL CHANGES in (a) Clerical or typographical errors and
entries in the civil registry, excluding name (governed (b) Change of first name or nickname, the day and
by Rule 103). month in the date of birth or sex of a person
where it is patently clear that there was a clerical
SUBSTANTIAL CHANGE – change that affects the civil
or typographical error or mistake in the entry,
status, citizenship, or nationality of a party. which can be corrected or changed by the
(1) Births concerned city or municipal civil registrar or
(2) Marriage consul general in accordance with the provisions
(3) Deaths of this Act and its implementing rules and
(4) Legal separations regulations. [Sec. 1, RA 9048, as amended]
(5) Judgments of annulments of marriage
(6) Judgments declaring marriages void from the Clerical or typographical error: A mistake committed
beginning in the performance of clerical work in writing,
(7) Legitimations copying, transcribing or typing an entry in the civil
(8) Adoptions register that:
(9) Acknowledgments of natural children (1) Is harmless and innocuous.
(10) Naturalization (2) Is visible to the eyes or obvious to the
(11) Election, loss or recovery of citizenship understanding (Patent)
(12) Civil interdiction (3) Can be corrected or changed only by reference to
(13) Judicial determination of filiation other existing record or records
(14) Voluntary emancipation of a minor (4) Does not involve the change of nationality, age,
(15) Changes of name [Sec. 2, Rule 108] status or sex of the petitioner. [Sec. 2(3), RA 9048,
as amended]
Such changes have public interest implications and
must only be made upon approval of the Court. Note: The procedure recited in Rule 103 regarding
change of name and in Rule 108 concerning the
Cancellation or correction of substantial errors is cancellation or correction of entries in civil registry
allowed provided proceeding is adversary. [Chiao Ben are separate and distinct. They may not be
Lim v. Zosa (2004)] substituted one for the other. If both reliefs are to be
sought in the same proceedings all the requirements
APPROPRIATE ADVERSARY PROCEEDING
of Rule 103 and 108 must be complied with.
One where the trial court has conducted proceedings [Republic v. Valencia (1986)]
where all relevant facts have been fully and properly
developed, where opposing counsel have been given
opportunity to demolish the opposite party’s case,
and where the evidence has been thoroughly
weighed and considered. [Elosida v. Local Civil Appeals in Special
Registrar of Quezon City (2002)]
Proceeding
PROCEDURAL REQUIREMENTS OF AN ADVERSARY
PROCEEDING JUDGMENTS AND ORDERS FOR WHICH APPEAL
(a) Parties – Civil registrar and all persons who have MAY BE TAKEN
or claim any interest which would be affected are (1) If it allows or disallows a will
made parties [Sec. 3, Rule 108] (2) If it wholly determines who are the lawful heirs or
(b) Notice and publication – Reasonable notice to be the distributive shares
given to the persons named in the petition, and (3) If it wholly or partially allows or disallows a claim
publication once a week for 3 consecutive weeks against a decedent’s estate, or any claim
[Sec. 4, Rule 108] presented on the decedent’s estate, or any claim
(c) Opposition – 15 days from notice of petition, or presented on the estate’s behalf on offset to
from last date of publication of notice [Sec. 5, claim against it
Rule 109]

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(4) If it settles the account of an controversy/appeal be distributed, upon compliance


executor/administrator/trustee/guardian with Rule 90. [Sec. 2, Rule 109]
(5) If it constitutes a final determination in the lower
court of the rights of the party appealing in
proceedings relating to estate settlement or
administration of a trustee/guardian

Exception: Appointment of a special


administrator is not appealable

Remedy: Petition for certiorari under Rule 65, if


there is grave abuse of discretion.

(6) If it is the final order/judgment rendered in the


case, and affects the substantial rights of the
person appealing [Sec. 1, Rule 109]

Exception: Orders granting/denying a MFR/MNT

While some of the items in Rule 109. Sec. 1 may be


considered as interlocutory under ordinary special
actions, the nature of special proceedings declares
them as appealable as exceptions to Rule 41, Sec. 1.

WHEN TO APPEAL
In a special proceeding, the period of appeal is 30
days. [Sec. 3, Rule 41]

The appeal period may be interrupted by the filing of


an MFR/MNT. Once the appeal period expires
without an appeal/MF/MNT, the order becomes
final.[Sec. 3, Rule 41]

However, habeas corpus, amparo and habeas data


cases have different periods of appeal. See Annex C

MODES OF APPEAL
NOTICE and RECORD ON APPEAL REQUIRED. [Sec.
3, Rule 41]

Rule 109 contemplates multiple appeals during the


pendency of special proceedings. A record on appeal
– in addition to the notice of appeal – is thus
required to be filed as the original records of the case
should remain with the trial court to enable the rest
of the case to proceed in the event that a separate
and distinct issue is resolved by said court and held
to be final. However, a record on appeal is not
necessary where no other matter remained to be
heard and determined by the trial court after it
issued the appealed order granting the petition for
cancellation of birth record and change of surname
in the civil registry. [Republic v. Nishina (2010)]

RULE ON ADVANCE DISTRIBUTION


Notwithstanding a pending controversy/appeal in
estate settlement proceedings, the court may permit
that the estate’s parts which are not affected by the

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ANNEX A
Domestic Adoption (RA 8552) Intercountry Adoption (RA 8043)
Governing Body
DSWD Inter-country Adoption Board (ICAB)
When may adoption be resorted to
Adoption need not be the last resort Adoption only as last resort: No child shall be
matched to a foreign adoptive family unless it is
satisfactorily shown that the child cannot be adopted
locally [Sec.11]
Who may adopt
(1) Any FILIPINO CITIZEN (regardless of where (1) FILIPINO CITIZEN permanently residing abroad
residing) may file an application for inter-country adoption of a
(a) of legal age, Filipino child if he/she:
(b) at least sixteen (16) years older than the (a) is at least twenty-seven (27) years of age
adoptee, (may be waived when the adopter is (b) at least sixteen (16) years older than the child
the biological parent of the adoptee, or is the to be adopted, at the time of application
spouse of the adoptee's parent) unless the adopter is the parent by nature of
(c) in possession of full civil capacity and legal the child to be adopted or the spouse of such
rights, parent:
(d) of good moral character, has not been (c) has the capacity to act and assume all rights
convicted of any crime involving moral and responsibilities of parental authority under
turpitude, emotionally and psychologically his national laws, and has undergone the
capable of caring for children, appropriate counseling from an accredited
(e) who is in a position to support and care for counselor in his/her country;
his/her children in keeping with the means of (d) has not been convicted of a crime involving
the family. moral turpitude;
(e) is in a position to provide the proper care and
(2) Any ALIEN possessing the same qualifications as support and to give the necessary moral values
above stated for Filipino nationals: Provided, and example to all his children, including the
(a) that he/she has been living in the Philippines child to be adopted
for at least three (3) continuous years prior to (f) if married, his/her spouse must jointly file for
the filing of the application for adoption and the adoption;
maintains such residence until the adoption (g) is eligible to adopt under his/her national law;
decree is entered, (h) agrees to uphold the basic rights of the child
(b) that his/her country has diplomatic relations as embodied under Philippine laws, the U.N.
with the Republic of the Philippines, Convention on the Rights of the Child, and to
(c) he/she has been certified by his/her diplomatic abide by the rules and regulations issued to
or consular office or any appropriate implement the provisions of this Act;
government agency that he/she has the legal (i) comes from a country with whom the
capacity to adopt in his/her country, and Philippines has diplomatic relations and
(d) that his/her government allows the adoptee to whose government maintains a similarly
enter his/her country as his/her adopted authorized and accredited agency and that
son/daughter; adoption is allowed under his/her national
(e) that the requirements on residency and laws;
certification of the alien's qualification to adopt (j) possesses all the qualifications and none of the
in his/her country may be waived for the disqualifications provided herein and in other
following: applicable Philippine laws. [Sec. 9]
(i) a former Filipino citizen who seeks to adopt (2) ALIEN with above qualifications [Sec. 9]
a relative within the fourth (4th) degree of
consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate
son/daughter of his/her Filipino spouse; or
(iii) one who is married to a Filipino citizen and
seeks to adopt jointly with his/her spouse a

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Domestic Adoption (RA 8552) Intercountry Adoption (RA 8043)


relative within the fourth (4th) degree of
consanguinity or affinity of the Filipino
spouse; or
(3) The GUARDIAN with respect to the ward after the
termination of the guardianship and clearance of
his/her financial accountabilities. [Sec. 7]
When 16 year difference may be waived:
(a) If adopter is the biological parent of adoptee
(b) If adopter is the spouse of adoptee’s parent
[Sec. 7]
Who may be adopted
(a) Any person below eighteen (18) years of age who (a) Filipino children [Sec. 3(a)]
has been administratively or judicially declared (b) Below 15 years of age [Sec. 3(b)]
available for adoption; (c) Who are legally free, meaning children who have
(b) The legitimate son/daughter of one spouse by the been voluntarily or involuntarily committed to the
other spouse; DSWD [Sec. 3(f) and Sec. 8]
(c) An illegitimate son/daughter by a qualified IRR of 2004 adds that: Any child who has been
adopter to improve his/her status to that of voluntarily or involuntarily committed to the
legitimacy; Department as dependent, abandoned or neglected
(d) A person of legal age if, prior to the adoption, said pursuant to the provisions of the Child and Youth
person has been consistently considered and Welfare Code may be the subject of Inter-Country
treated by the adopter(s) as his/her own child Adoption xxx [Sec. 26]
since minority;
(e) A child whose adoption has been previously
rescinded; or
(f) A child whose biological or adoptive parent(s) has
died: Provided, That no proceedings shall be
initiated within six (6) months from the time of
death of said parent(s). Sec. 8
Venue
Petition for adoption shall be filed with Family Court Either with the Philippine RTC having jurisdiction over
of the province or city where the prospective adoptive the child, or with the Inter-country Board through an
parents reside [Sec. 6, Adoption Rule] intermediate agency, in the country of the adoptive
parents [Sec. 10]

IRR of 2004 provides: Application shall be filed with


the Board or the Central Authority or the Foreign
Adoption Agency in the country where the applicant
resides. In case of foreign nationals who file petition
for adoption under RA 8552 or Domestic Adoption
Law, the Court after finding petition to be sufficient in
form and substance and proper case for inter-country
adoption shall immediately transmit the petition to
the board for appropriate action. (Sec. 30)
Trial Custody
Takes place in the Philippines Where adoptive parents reside [Sec. 14]
Rescission
Only upon petition of adoptee, never by adopters. No provision limiting act of rescission only to adoptee.
However, the adopter may disinherit the adoptee. In IRR, the procedure is provided for when adoption
[Sec. 19] process is terminated:
SECTION 47. DISRUPTION AND TERMINATION OF
PLACEMENT. - In the event of serious damage in the

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Domestic Adoption (RA 8552) Intercountry Adoption (RA 8043)


relationship between the child and the applicant/s
where the continued placement of the child is not in
his/her best interests, the Central Authority and/or
the FAA shall take the necessary measures to protect
the child, in particular, to cause the child to be
withdrawn from the applicant/s and to arrange for
his/her temporary care.

The Central Authority and/or FAA shall exhaust all


means to remove the cause of the unsatisfactory
relationship which impedes or prevents the creation of
a mutually satisfactory adoptive relationship. A
complete report should be immediately forwarded to
the Board with actions taken as well as
recommendations and appropriate plans. Based on
the report, the Board may terminate the pre-adoptive
relationship.

SEC. 48. NEW PLACEMENT FOR CHILD. - In the


event of termination of the pre-adoptive relationship,
the Board shall identify from the Roster of Approved
Applicants a suitable family with whom to place the
child. The Central Authority and/or the FAA may also
propose a replacement family whose application shall
be filed for the approval of the Board. No adoption
shall take place until after the Board has approved
the application of such replacement family.

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ANNEX B
RULE ON CUSTODY AND HABEAS CORPUS FOR
HABEAS CORPUS (RULE 102)
MINORS (A.M. 03-04-04)
Rights involved
Right to liberty Petition for the rightful custody of a minor
Rightful custody of the aggrieved party
Situations applicable
Actual violation of the aggrieved party’s right to Unlawful deprivation of rightful custody, or
liberty, or rightful custody [Sec. 1] A minor is being kept from a parent by the other
parent (e.g. which parent shall have the care and
custody of a minor, when such parent is in the midst
of nullity or legal separation proceedings). [Herrera.
Also Secs. 2 & 20]
Party authorized to file
Party for whose relief it is intended or by some person Any person claiming rightful custody – this covers:
in his behalf [Sec. 1] (1) Unlawful deprivation of the custody of a minor
(2) Which parent shall have the care and custody of a
minor [Herrera]
Respondents
May or may not be an officer
Before which court or judicial authority filed
(1) RTC or any judge thereof A verified petition for a writ of habeas corpus involving
(2) CA or any member thereof in instances authorized custody of minors shall be filed with the Family Court.
by law The writ shall be enforceable within its judicial region
(3) SC or any member thereof [Sec. 2] to which the Family Court belongs.
(4) Special jurisdiction given to first level courts in the However, the petition may be filed with the regular
absence of RTC judges in a province or city (Sec. 35, court in the absence of the presiding judge of the
BP 129) Family Court, provided, however, that the regular
(5) In aid of appellate jurisdiction of the court shall refer the case to the Family Court as soon
Sandiganbayan (RA 8249 further expanding its as its presiding judge returns to duty.
jurisdiction) The petition may also be filed with the appropriate
regular courts in places where there are no Family
Courts. [Sec. 20]
Contents of the petition
Signed, verified either by the party for whose relief it is The verified petition shall allege the following:
intended, or by some person in his behalf and shall (PRMO)
set forth: (PDIC) (1) The personal circumstances of the petitioner and of
(1) That the person in whose behalf the application is the respondent
made is imprisoned or restrained on his liberty; (2) The name, age and present whereabouts of the
(2) The officer or name of the person by whom he is so minor and his or her relationship to the petitioner and
imprisoned or restrained or, if both are unknown or the respondent
uncertain, such officer or person may be described by (3) The material operative facts constituting
an assumed appellation, and the person who is served deprivation of custody and
with the writ shall be deemed the person intended; (4) Such other matters which are relevant to the
(3) The place where he is so imprisoned or restrained, custody of the minor.
if known; The verified petition shall be accompanied by a
(4) A copy of the commitment or cause of detention of certificate against forum shopping, which the
such person, if it can be procured without impairing petitioner must sign personally. [Sec. 4]
the efficiency of the remedy or, if the imprisonment or
restraint is without any legal authority, such fact shall
appear. [Sec. 3]

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ANNEX C

WRIT MATRIX (COMPARISON OF THE WRITS)


WHC – Writ of Habeas Corpus WA – Writ of Amparo
WD – Writ of Habeas Data RWA - Rules on the Writ of Amparo
RWD – Rules on Habeas Data SC – Supreme Court
CA - Court of Appeals SB – Sandiganbayan
RTC – Regional Trial Court CoC – Clerk of Court

Habeas Corpus Amparo Habeas Data

Nature, scope, function


All cases of illegal confinement and Involves right to life, liberty and
Involves the right to privacy in life,
detention which any person is security violated or threatened with
liberty or security violated or
deprived of his liberty or rightful violation by an unlawful act or threatened by an unlawful act or
custody of any person is withheld omission of a public official or omission of a public official or
from the person entitled [Sec. 1] employee or a private individual or
employee, or of a private individual or
entity. entity engaged in the gathering,
Actual violation before writ issues. collecting or storing of data or
Note Villavicencio v. Lukban on It covers extralegal killings and information regarding the person,
applicability of the writ in case of enforced disappearances or threats family, home and correspondence of
constructive restraint. thereof. [Sec. 1] the aggrieved party. [Sec. 1]
Limitations
May be suspended in cases of Shall not diminish, increase or modify Shall not diminish, increase or modify
invasion or rebellion when public substantive rights [Sec. 23] substantive rights [Sec. 23]
safety requires it [Art. III Sec. 15, 1987
Const.]
Who may file
By a petition signed and verified by Petition filed by the aggrieved party Any aggrieved party may file a
the party for whose relief it is or by any qualified person or entity in petition for the WHD
intended, or by some person on his the following order:
behalf [Sec. 3] (1) Any member of the immediate However, in cases of extralegal
family killings and enforced disappearances,
(2) Any ascendant, descendant or the petition may be filed by (also
collateral relative of the successive):
aggrieved within the 4th civil (1) Any member of the immediate
degree of consanguinity or family of the aggrieved
affinity (2) Any ascendant, descendant or
(3) Any concerned citizen, collateral relative of the aggrieved
organization, association or party within the fourth civil degree
institution of consanguinity or affinity [Sec.
2]
Filing by the aggrieved suspends the
right of all others [Sec. 2]
Where filed
Granted by: Filed on any day and at any time: Petition may be filed with RTC where
(1) SC or any member thereof, on any (1) SB, CA, SC, or any justice of such the petitioner or respondent resides
day and at any time courts or that which has jurisdiction over the
(2) CA or any member thereof in (2) RTC of place where the threat, place where the data or information
instances authorized by law act, or omission was committed or is gathered, collected or stored, at
(3) RTC or a judge thereof, on any any element occurred [Sec. 4] the option of petitioner
day and at any time, enforceable If public data files of government
only within his judicial district offices, petition shall be filed with the

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[Sec. 2] SC, CA, or SB [Sec. 3]


(4) MTC OR FIRST LEVEL COURTS in
the absence of RTC judges in a
judicial region [Sec. 35 BP 129]
Where enforceable
If SC or CA issued, anywhere in the Writ shall be enforceable anywhere in Writ shall be enforceable anywhere in
Philippines the Philippines [Sec. 4] the Philippines [Sec. 3]

If granted by the RTC or judge


thereof, it is enforceable in any part
of the judicial region [Sec 21, BP 129
which modified the term judicial
district in Sec 2, Rule 102 into judicial
region] where the judge sits
Where returnable
If the one that granted the writ: If the one that granted the writ: If issued by:
(1) Is the SC or CA, or a member (1) Is the SC or any of its justices, (1) The SC or any of its justices,
thereof, returnable before such returnable before such court or before such Court or any justice
court or any member thereof or an any justice thereof, or before the thereof, or CA or SB or any of its
RTC SB or CA or any of their justices, or justices, or the RTC of the place
(2) An RTC, or a judge thereof, to any RTC of the place where the where the petitioner or
returnable before himself [Sec. 2] threat, act or omission was respondent resides/has
committed or any of its elements jurisdiction over the place where
occurred the data or information is
(2) The SB or CA or any of their gathered, stored or collected
justices, returnable before such (2) The CA or SB or any of its justices,
court or any justice thereof, or to before such court or any justice
any RTC of the place where the thereof, or the RTC (same with
threat, act, or omission was scenario: SC issued and then
committed or any of its elements returned in RTC)
occurred (3) RTC, returnable before such court
(3) The RTC or any judge thereof, or judge [Sec. 4]
returnable before such court or
judge [Sec. 3]
Docket Fees
Upon the final disposition of such Petitioner shall be exempted from None for indigent petitioner
proceedings the court or judge shall the payment of the docket and other Petition shall be docketed and acted
make such order as to costs as the lawful fees upon immediately, without prejudice
case requires [Sec. 19] to subsequent submission of proof of
Court, justice or judge shall docket indigency not later than 15 days from
the petition and act upon it filing [Sec. 5]
immediately [Sec 4]
Essential allegations/ Contents of petition
Signed and verified either by the Signed and verified and shall allege: Verified and written petition shall
party for whose relief it is intended or (1) The personal circumstances of the contain:
by some person on his behalf, setting petitioner (1) Personal circumstances of
forth: (2) Name or appellation and petitioner and respondent
(1) The person in whose behalf whose circumstances of the respondent (2) Manner the right to privacy is
the application is made is (3) The right to life, liberty, and violated or threatened and its
imprisoned or restrained of his security violated or threatened effects
liberty with violation, (3) Actions and recourses taken by
(2) Name of the person detaining (4) The investigation conducted, if the petitioner to secure the data

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another or assumed appellation any, plus circumstances of each or information


(3) Place where he is imprisoned or (5) The actions and recourses taken (4) The location of the files, registers,
restrained of his liberty by the petitioner or databases, the government
(4) Cause of detention [Sec. 3] (6) Relief prayed for may include a office, and the person in charge or
general prayer for other just and control
equitable reliefs [Sec. 5] (5) The reliefs prayed for Such other
relevant reliefs as are just and
equitable [Sec. 6]
When proper
Court or judge must, when a petition Upon the filing of the petition, the Upon filing of the petition, the court,
is presented and it appears that it court, justice, or judge shall justice, or judge shall immediately
ought to issue, grant the same and immediately order the issuance of the order the issuance of the writ if on its
then: writ if on its face it ought to issue face it ought to issue.
the clerk of court (CoC) shall issue CoC shall issue the writ under the
the writ under the seal of the court or seal of the court or CoC shall issue the writ under the
in case of emergency, the judge may seal of the court and cause it to be
issue the writ under his own hand, In case of urgent necessity, the justice served within 3 days from issuance or
and may depute any officer or person or the judge may issue the writ under In case of urgent necessity, the justice
to serve it his or her own hand, and may or judge may issue the writ under his
deputize any officer or person to or her own hand, and may deputize
Also proper to be issued when the serve it. [Sec. 6] any officer or person to serve it [Sec.
court or judge has examined into the 7]
cause of restraint of the prisoner, and
is satisfied that he is unlawfully
imprisoned (Sec. 5]
How and who serves
Writ may be served in any province by The writ shall be served upon the The writ shall be served upon the
the (a) sheriff, (b) other proper officer,
respondent by a judicial officer or by respondent by a judicial officer or by
or (c) person deputed by the court or a person deputized by the court, a person deputized by the court,
judge justice or judge who shall retain a justice or judge who shall retain a
copy on which to make a return of copy on which to make a return of
Service is made by leaving the service service
original with the person to whom it is
directed and preserving a copy on In case the writ cannot be served In case the writ cannot be served
which to make return of service personally on the respondent, the personally on the respondent, the
rules on substituted service shall rules on substituted service shall
If that person cannot be found, or has apply [Sec. 8] apply [Sec. 9]
not the prisoner in his custody,
service shall be made on any other
person having or exercising such
custody [Sec. 7]
Respondent
May or may not be an officer [Sec. 6] Respondent is a public official or A public official or employee or a
employee or private individual or private individual or entity engaged in
entity [Sec. 1] gathering, collecting or storing data
[Sec. 1]
How executed and returned
The officer to whom the writ is Respondent files the return [Sec. 9] Respondent files the return [Sec. 10]
directed shall convey the person so
imprisoned or restrained before:
(a) the judge allowing the writ, or
(b) -in his absence or disability,

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before some other judge of the


same court on the day specified in
the writ, unless person directed to
be produced is sick or infirm, and
cannot, without danger, be
brought therein
(c) officer shall then make due return
of the writ, with the day and cause
of the caption and restraint
according to the command
thereof [Sec. 8]
When to file return
On the day specified on the writ [Sec. Within 5 working days after service of Same with WA [Sec. 10]
8] the writ [Sec. 9]
Contents of return
When the person to be produced is Within 5 working days after service of (1) Lawful defenses such as national
imprisoned or restrained by an the writ, the respondent shall file a security, state secrets, privileged
officer, the person who makes the verified written return together with communications, confidentiality
return shall state, and in other cases supporting affidavits which shall, of the source of information of
the person in whose custody the contain: media etc.
prisoner is found shall state in writing (1) Lawful defenses (2) In case of respondent in charge, in
to the court or judge before whom (2) The steps or actions taken to possession or in control of the
the writ is returnable: determine the fate or data or information subject of the
(1) Truth of custody/power over the whereabouts of the aggrieved petition:
aggrieved party party (a) A disclosure of the data or
(2) If he has custody or power, or (3) All relevant information in the information about the
under restraint, the authority and possession of the respondent petitioner, the nature of such
the cause thereof, with a copy of pertaining to the threat, act or data or information, and the
the writ, order, execution or other omission against the aggrieved purpose for its collection
process, if any upon which the party (b) The steps or actions taken by
party is held (4) If the respondent is a public the respondent to ensure the
(3) If the party is in his custody or official or employee, the return security and confidentiality of
power, and is not produced, shall further state acts: the data or information
particularly the nature and gravity (a) To verify identity of aggrieved (c) The currency and accuracy of
of the sickness or infirmity party the data or information held
(4) If he has had the party in his (b) To recover and preserve Other allegations relevant to the
custody or power, and has evidence resolution of the proceeding [Sec.10]
transferred such custody or (c) To identify and collect witness
restraint to another, particularly statements
to whom, at what time, for what (d) To determine cause, manner,
cause, and by what authority such location, and time of death or
transfer was made. [Sec. 10] disappearance
(e) To identify and apprehend
persons involved
(f) Bring suspected offenders
before a competent court
[Sec.9]
Is period of return extendable?
No, not even on highly meritorious Yes, by the court, for justifiable
grounds. reasons [Sec. 10]
Is a general denial allowed?
Not allowed [Sec. 9] Not allowed [Sec. 10]

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Defenses not pleaded


If not raised in return deemed waived
[Sec 10]
Effect of failure to file return
Court or justice shall proceed to hear Court, judge, or justice shall hear the
the petition ex parte [Sec. 12] motion ex parte, granting the
petitioner such reliefs as the petition
may warrant

Unless the court in its discretion


requires the petitioner to submit
evidence [Sec. 14]
Nature of Hearing
Summary. However, the court, Summary. With possibility of
justice, or judge may call for a preliminary conference similar to the
preliminary conference to simplify the WA [Sec. 14]
issues and look at possibility of
obtaining stipulations and Hearing on chambers may be
admissions from the parties. conducted where respondent invokes
the defense of national security or
Hearing shall be from day to day until state secrets, or the data is of
completed same priority as petitions privileged character [Sec. 12]
for WHC [Sec. 13]
Date and time of hearing
As specified in the writ [Sec. 8] As specified in the writ, not later than As specified in the writ, not later than
7 days from the issuance of the writ 10 working days from the date of
[Sec. 6] issuance writ [Sec. 7]
Prohibited pleadings
In custody of minors: a motion to Motion to dismiss, Motion for Same as WA [RWD Sec. 13]
dismiss, except on the ground of lack extension of time to file opposition,
of jurisdiction [Sec. 6, Rule on affidavit, position paper and other
Custody of Minors and WHC] pleadings, Dilatory motion for
postponement, Motion for bill of
particulars, Counterclaims or cross-
claims, Third-party complaint, Reply,
Motion to declare respondent in
default, Intervention, Memorandum,
Motion for reconsideration of
interlocutory orders or interim relief
orders, petition for certiorari,
mandamus, or prohibition [Sec.11]
Burden of Proof/Standard of Diligence
Clear and convincing evidence [Dizon Establish claims by substantial Substantial evidence required to
v. Eduardo (1988)] evidence prove the allegations in the petition
(a) if respondent is a private [Sec. 16]
Note: no provision in Rule but in individual or entity, ordinary
Dizon v. Eduardo, the SC used “clear diligence
and convincing evidence”, a stricter (b) if public official or employee,
standard than “preponderance of extraordinary diligence [Sec. 17]
evidence” but less stricter that “proof

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beyond reasonable doubt.”


Presumption of Official duty
Yes. Consonant with Sec. 13, stating Public official or employee cannot
that if warrant of commitment is in invoke the presumption that official
pursuance with law, serves as prima duty has been regularly performed
facie cause of restraint [Sec. 17]
Judgment
The court shall render judgment Within 10 days from the time the
within 10 days from the time the petition is submitted for decision
petition is submitted for [Sec. 16]
decision [Sec. 18]
Appeal
Within 48 hours from notice of the 5 working days from the date of 5 working days from the date of
judgment of final order appealed notice of adverse judgment to the SC notice of adverse judgment to the SC
[Sec. 39, BP 129] under Rule 45 [Sec. 19] under Rule 45 [Sec. 19]
Consolidation of actions
Consolidated with a criminal action Consolidated with a criminal action
filed subsequent to the petition [Sec. filed subsequent to the petition [Sec.
23] 21]
Effect of filing criminal action
No more separate petition shall be Same as WA [Sec. 21]
filed. Reliefs available by motion in
the criminal case [Sec. 22]

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ANNEX D
Rule 103 Rule 108 RA 9048
Applicability
Substantial Changes Substantial changes in entries in the Change of First Names or Nicknames
civil registry (other than name) Change brought about by clerical or
typographical errors
Nature
Judicial Judicial Administrative
Who May File
1.The person desiring to change his Natural person having direct and A natural person having direct and
name personal interest in the correction of personal interest in the change of
2.Some other person on his behalf error in an entry in the civil register first name or nickname in the civil
register.
Where Filed
A natural person having direct and RTC of the province where the civil The local civil registry office of the
personal interest in the change of registry is located city or municipality where the record
first name or nickname in the civil being sought to be
register. corrected/changed is kept.

EXCEPTIONS:
If the petitioner has already migrated
to another place in the country, the
petition shall be filed with local civil
registrar of the place where the
interested party is presently residing
or domiciled

If the petitioner is a Filipino citizen


presently residing or domiciled in a
foreign country, the petition shall be
filed in the nearest Philippine
Consulate.

Rationale: It would not be practical


for him, in terms of transportation
expenses, time and effort, to appear
in person before the local civil
registrar (LCR) keeping the
documents to be corrected or
changed
Standing of the LCR
Not a party to the proceeding Made a party to the proceeding as a
respondent
Notice requirement
No mention of notice to be sent The court shall cause reasonable
notice to be given to persons named
in the petition
Contents of Petition
Title: In Re: Petition for Change of (1) Facts necessary to establish the
Name of X, also known as Y and Z, to merits of the petition.

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Rule 103 Rule 108 RA 9048

ABC. X, Petitioner. (2) A showing that the petitioner is


competent to testify to the
Names or Aliases of the Applicant matters stated.
(must appear in the caption of the (3) Particular erroneous entry or
petition) entries which are sought to be
corrected and/or the change
Omission is fatal to the petition sought to be made.

To allow a reader of the published


petition to notice the said aliases

Petitioner has been a bona fide


resident of the province where the
petition is filed for at least 3 years
prior to the date of such filing.

Cause for which the change of the


petitioner's name is sought

Petitioner must show a proper or


compelling reason for the change of
name + the fact that he will be
prejudiced by the use of his official
name.
Form of Petition
The petition shall be signed and Verified petition (1) In the form of an affidavit
verified. (2) Verified
(3) Subscribed and sworn to before
any person authorized by law to
administer oaths
Procedure for Changing of Name
(1) Filing of petition for change of (1) Filing of petition (1) Filing of petition and its
name. supporting papers in 3 copies to
(2) Court shall promulgate an order be distributed to:
(2) Court shall promulgate an order fixing the time and place for (a) The concerned city or
fixing a date and place for hearing hearing the petition and cause municipal civil registrar or the
the petition. The date set for the reasonable notice to be given to consul general
hearing shall NOT be: the persons named in the petition. (b) The Office of the Civil
Within 30 days prior to an election Registrar General
AND Civil registrar and all persons who (c) The petitioner
Within 4 months after the last have or claim any interest which
publication of the notice. would be affected thereby shall (2) The City or Municipal Registrar or
be made parties to the the Consul General shall post the
(3) Court shall direct a copy of the proceeding petition in a conspicuous place for
order to be published before the ten 10 consecutive days after he
hearing (3) Court shall direct a copy of the finds the petition and its
At least once a week for 3 successive order to be published before the supporting documents sufficient
weeks hearing in form and substance.
In some newspaper of general At least once a week for 3
circulation published in the successive weeks (3) The petition shall be published at
province. In some newspaper of general least once a week for 2
circulation published in the consecutive weeks in a newspaper
(4) Hearing shall be conducted. province. of general circulation.

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Rule 103 Rule 108 RA 9048

The SolGen or the proper


provincial or city fiscal shall (4) File opposition (4) The City or Municipal Registrar or
appear on behalf of the Within 15 days from notice of the the Consul General shall render a
Government of the Republic. petition or from the last date of decision not later than 5 working
publication days after the completion of the
(5) Judgment granting or denying the posting and/ or publication
change of name. (5) Hearing shall be conducted. requirement. He shall transmit a
Court may expedite the proceedings copy of his decision together with
(6) Copy of judgments shall be and also grant preliminary the records of the proceedings to
furnished the civil registrar of the injunction for preservation of the Office of the Civil Registrar
municipality or city where the rights of the parties General within 5 working days
court issuing the same is situated, from the date of the decision.
who shall forthwith enter the (6) Judgment granting or denying the
same in the civil register. change of name. Where the petition is denied by
the city or municipal civil registrar
(7) Copy of judgments shall be or the consul general, the
furnished the civil registrar petitioner may either appeal the
concerned who shall annotate the decision to the civil registrar
same in the records general or file the appropriate
petition with the proper court.

(5) The Civil Registrar General shall,


within 10 working days from
receipt of the decision granting a
petition, exercise the power to
impugn such decision by way of
an objection.

Grounds for objection


(a) The error is not clerical or
typographical
(b) The correction of an entry or
entries in the civil register is
substantial or controversial as it
affects the civil status of a
person
(c) The basis used in changing the
first name or nickname of a
person does not fall under one of
the valid grounds.

If the civil registrar general fails to


exercise his power to impugn the
decision of the city or municipal
registrar or of the consul general
within the period, such decision shall
become final and executory.

(6) The civil registrar general shall


immediately notify the city or
municipal civil registrar or the consul
general of the action taken on the
decision.

(7) Upon receipt of the notice thereof,

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the city or municipal civil registrar or


the consul general shall notify the
petitioner of such action.

(8) Appeal. The petitioner may seek


reconsideration with the civil
registrar general or file the
appropriate petition with the
proper court.
Opposition
Any interested person Civil registrar and any person having N/A
or claiming interest under the entry NOTE: The Civil Registrar General is
whose cancellation or correction is given the power to object to the
sought decision of the Local Civil Registrar
Grounds for Change of Name
Republic v. Hernandez: Valid Entries subject to cancellation or Sec. 4: Grounds for Change of
Grounds for Change of Name correction: FirstName or Nickname
(1) The name is ridiculous, tainted (1)Birth (1) The first name or nickname is
with dishonor or extremely (2)Marriage ridiculous, tainted with dishonor
difficult to write or pronounce. (3)Death or extremely difficult to write or
(2) Change results as a legal (4)Legal separation pronounce.
consequence of legitimation (5)Judgment of annulment (2) The new first name or nickname
(3) The change will avoid confusion. (6)Judgment declaring marriage null has been habitually and
(4) A sincere desire to adopt a and void continuously used by the
Filipino name to erase signs of (7)Legitimation petitioner and he has been
former alienage (Ang Chay vs. (8)Adoption publicly known by the first name
Republic, 1970) (9)Acknowledgment of natural or nickname in the community.
(5) Having continuously used and children (3) The change will avoid confusion.
been known since childhood by a (10)Naturalization
Filipino name, having been (11)Election, loss or recovery of
unaware of alien parentage (Uy citizenship
vs. Republic, 1965) (12)Civil interdiction
(13)Judicial determination of filiation
(14)Voluntary emancipation of minor
(15)Changes of name

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