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CIVIL PROCEDURE

General Principles

2

CONCEPT OF REMEDIAL LAW

2

CONCEPT

2

APPLICABILITY

2

PROSPECTIVITY/RETROACTIVITY

2

SUBSTANTIVE LAW AS DISTINGUISHED FROM REMEDIAL LAW

2

REMEDIAL LAW OR PROCEDURAL LAW

2

SUBSTANTIVE LAW

2

RULE-MAKING POWER OF THE SUPREME COURT2

LIMITATIONS ON THE RULE-MAKING POWER OF THE

SUPREME COURT POWER OF THE SUPREME COURT TO AMEND AND SUSPEND

2

PROCEDURAL RULES

2

NATURE OF PHILIPPINE COURTS

3

MEANING OF A COURT

 

3

COURT AS DISTINGUISHED FROM A JUDGE

3

CLASSIFICATION OF PHILIPPINE COURTS

3

COURTS OF ORIGINAL AND APPELLATE JURISDICTION

4

COURTS OF GENERAL AND SPECIAL JURISDICTION

4

CONSTITUTIONAL AND STATUTORY COURTS

4

COURTS OF LAW AND EQUITY

4

PRINCIPLE OF JUDICIAL HIERARCHY DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF

4

JUDICIAL STABILITY

4

Jurisdiction

 

4

JURISDICTION

4

JURISDICTION

IN GENERAL

4

JURISDICTION

OVER

THE

PARTIES

4

JURISDICTION OVER THE SUBJECT MATTER

5

JURISDICTION OVER THE ISSUES

6

JURISDICTION OVER THE RES OR PROPERTY IN LITIGATION 6

SPECIFIC JURISDICTION

JURISDICTION OF COURTS

7

7

JURISDICTION OVER SMALL CLAIMS, CASES COVERED BY THE RULES ON SUMMARY

Actions

 

14

ACTION VS CAUSE OF ACTION

14

MEANING OF ORDINARY CIVIL ACTIONS

14

MEANING

OF

SPECIAL CIVIL ACTIONS

14

MEANING OF CRIMINAL ACTIONS

14

CIVIL ACTIONS VERSUS SPECIAL PROCEEDINGS

14

DISTINCTIONS BETWEEN CIVIL ACTIONS AND SPECIAL PROCEEDINGS

14

PERSONAL ACTIONS AND REAL ACTIONS

15

IMPORTANCE OF DISTINCTION

15

LOCAL AND TRANSITORY ACTIONS

15

Cause of Action

16

MEANING OF CAUSE OF ACTION

16

ELEMENTS OF A CAUSE OF ACTION

16

RIGHT OF ACTION VERSUS CAUSE OF ACTION .16

FAILURE TO STATE A CAUSE OF ACTION

17

TEST OF THE SUFFICIENCY OF A CAUSE OF ACTION

17

SPLITTING A SINGLE CAUSE OF ACTION AND ITS

EFFECTS

17

EFFECTS OF SPLITTING A CAUSE OF ACTION

17

BASIS

17

PURPOSE

17

JOINDER AND MISJOINDER OF CAUSES OF ACTION

17

JOINDER OF CAUSE OF ACTION

17

PURPOSES

17

REQUISITES

17

MISJOINDER OF CAUSES OF ACTION

17

Parties to Civil Actions

18

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

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

COMPULSORY AND PERMISSIVE JOINDER OF PARTIES

21

PLEADINGS ALLOWED IN SMALL CLAIM CASES AND CASES COVERED BY THE RULES ON 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 OF PARTIES

21

PROHIBITED PLEADINGS AND MOTIONS

29

 

PARTS OF A PLEADING

29

CLASS SUIT

21

CAPTION

29

REQUISITES

21

BODY

29

CLASS SUIT AND DERIVATIVE SUIT, COMPARED

22

SIGNATURE AND ADDRESS VERIFICATION AND CERTIFICATION AGAINST FORUM

29

SUITS AGAINST ENTITIES WITHOUT JURIDICAL

SHOPPING

29

PERSONALITY

22

REQUISITES

22

EFFECT OF DEATH OF PARTY LITIGANT

22

SUBSTITUTION OF PARTIES

22

ACTION ON CONTRACTUAL MONEY CLAIMS

22

TRANSFER OF INTEREST DURING THE PENDENCY OF THE ACTION

22

Venue

23

VENUE VERSUS JURISDICTION

23

DISTINCTIONS BETWEEN VENUE AND JURISDICTION

23

VENUE OF REAL ACTIONS

23

VENUE OF PERSONAL ACTIONS

23

VENUE OF ACTIONS AGAINST NON-RESIDENTS

24

WHEN THE RULES ON VENUE DO NOT APPLY

24

EFFECTS OF STIPULATIONS ON VENUE

24

OTHER RULES ON VENUE

24

Pleadings

24

DEFINITION

24

KINDS OF PLEADINGS

25

PLEADINGS ALLOWED

25

COMPLAINT

25

ANSWER

25

COUNTERCLAIMS

25

EFFECT OF THE SIGNATURE OF COUNSEL IN A PLEADING 30

ALLEGATIONS IN A PLEADING

30

MANNER OF MAKING ALLEGATIONS

30

PLEADING AN ACTIONABLE DOCUMENT

31

SPECIFIC DENIALS

31

EFFECT OF FAILURE TO PLEAD

32

FAILURE TO PLEAD DEFENSES AND OBJECTIONS

32

FAILURE TO PLEAD A COMPULSORY COUNTERCLAIM AND CROSS-CLAIM

32

DEFAULT

32

WHEN A DECLARATION OF DEFAULT IS PROPER

32

EFFECT OF AN ORDER OF DEFAULT

32

RELIEF FROM AN ORDER OF DEFAULT

33

EFFECT OF A PARTIAL DEFAULT

33

EXTENT OF RELIEF

33

ACTIONS WHERE DEFAULT ARE NOT ALLOWED

33

FILING AND SERVICE OF PLEADINGS

34

DEFINITION

34

PAPERS REQUIRED TO BE FILED AND SERVED

34

PAYMENT OF DOCKET FEES

34

FILING VERSUS SERVICE OF PLEADINGS

35

PERIODS OF FILING OF PLEADINGS

35

MANNER OF FILING

35

MODES OF SERVICE

36

AMENDMENT

37

HOW TO AMEND PLEADINGS

37

AMENDMENT AS A MATTER OF RIGHT

38

AMENDMENTS BY LEAVE OF COURT

38

FORMAL AMENDMENT

38

AMENDMENTS TO CONFORM TO OR AUTHORIZE PRESENTATION OF EVIDENCE

38

DIFFERENT FROM SUPPLEMENTAL PLEADINGS

38

EFFECT OF AMENDED PLEADING

39

Summons

NATURE AND PURPOSE OF SUMMONS IN

RELATION TO ACTIONS IN PERSONAM, IN REM

39

AND QUASI IN REM

39

PURPOSE

39

ISSUANCE OF SUMMONS

39

CONTENTS OF SUMMONS

39

VOLUNTARY APPEARANCE

39

GENERAL RULE

39

EXCEPTION

39

WHO SERVES THE SUMMONS

40

RETURN OF SUMMONS

40

ALIAS SUMMONS

40

MODES OF SERVICE OF SUMMONS

40

PERSONAL SERVICE

40

SERVICE IN PERSON ON DEFENDANT

40

SUBSTITUTED SERVICE

40

RATIONALE

40

CONSTRUCTIVE SERVICE (BY PUBLICATION)

41

REQUISITES

41

SERVICE OF SUMMONS UPON DIFFERENT ENTITIES

41

SERVICE UPON A DEFENDANT WHERE HIS IDENTITY IS UNKNOWN OR WHERE HIS WHEREABOUTS ARE UNKNOWN

41

SERVICE UPON RESIDENTS TEMPORARILY OUTSIDE THE PHILIPPINES

41

EXTRA-TERRITORIAL SERVICE, WHEN ALLOWED

41

REQUISITES

41

MODES OF SERVICE

41

SERVICE UPON PRISONERS AND MINORS

41

SERVICE UPON PRISONER

41

SERVICE UPON MINORS AND INCOMPETENTS

41

PROOF OF SERVICE

41

RETURN OF SERVICE

41

PROOF OF SERVICE

41

EFFECT OF NON-SERVICE OF SUMMONS

42

WAIVER OF SERVICE OF SUMMONS

42

SERVICE OF SUMMONS UPON DIFFERENT ENTITIES (ANNEX A)

42

Motions

42

MOTIONS IN GENERAL

42

MOTIONS VERSUS PLEADINGS

42

CONTENTS AND FORM OF MOTIONS

42

NOTICE OF HEARING AND HEARING OF MOTIONS

43

OMNIBUS MOTION RULE

43

LITIGATED AND EX PARTE MOTIONS

43

PRO-FORMA MOTIONS

43

MOTIONS FOR BILL OF PARTICULARS

43

BILL OF PARTICULARS

43

PURPOSE AND WHEN APPLIED FOR

44

ACTIONS OF THE COURT

44

COMPLIANCE WITH THE ORDER AND EFFECT OF NON- COMPLIANCE

44

EFFECT ON THE PERIOD TO FILE A RESPONSIVE PLEADING

44

MOTION TO DISMISS

45

DEFINITION

45

TYPES OF DISMISSAL OF ACTION

45

GROUNDS

45

RESOLUTION OF MOTION

48

REMEDIES OF PLAINTIFF WHEN THE COMPLAINT IS DISMISSED

48

REMEDIES OF THE DEFENDANT WHEN THE MOTION IS DENIED

48

EFFECT OF DISMISSAL OF COMPLAINT ON CERTAIN GROUNDS

48

WHEN GROUNDS PLEADED AS AFFIRMATIVE DEFENSES . 48

BAR BY DISMISSAL

48

DISTINGUISHED FROM DEMURRER TO EVIDENCE UNDER RULE 33

49

Dismissal of Actions

49

DISMISSAL UPON NOTICE BY PLAINTIFF; TWO-

DISMISSAL RULE

49

DISMISSAL UPON PLAINTIFFS NOTICE

49

DISMISSAL UPON MOTION BY PLAINTIFF; EFFECT

ON EXISTING COUNTERCLAIM

49

DISMISSAL UPON PLAINTIFFS MOTION

49

DISMISSAL DUE TO THE FAULT OF PLAINTIFF 49

49

DISMISSAL DUE TO PLAINTIFFS FAULT

DISMISSAL OF COUNTERCLAIM, CROSS-CLAIM

OR THIRD-PARTY COMPLAINT

50

Pre-Trial

50

CONCEPT OF PRE-TRIAL

50

DEFINITION

50

NATURE AND PURPOSE

50

PURPOSE

50

NOTICE OF PRE-TRIAL

51

APPEARANCE OF PARTIES; EFFECT OF FAILURE

TO APPEAR

51

APPEARANCE OF PARTIES

51

FAILURE TO APPEAR AT PRE-TRIAL

51

PRE-TRIAL BRIEF; EFFECT OF FAILURE TO APPEAR

52

PRE-TRIAL BRIEF

52

RECORD OF PRE-TRIAL

52

CALENDAR OF CASES

52

DISTINCTION BETWEEN PRE-TRIAL IN CIVIL CASE

AND PRE-TRIAL IN CRIMINAL CASE

52

ALTERNATIVE DISPUTE RESOLUTION (ADR) [RA

9285]

53

WHAT IS ALTERNATIVE DISPUTE RESOLUTION SYSTEM? . 53

POLICY BEHIND THE ADR

53

EXCEPTION TO THE APPLICATION OF RA 9285:

53

MODES OF ALTERNATIVE DISPUTE RESOLUTIONS:

53

Intervention

54

DEFINITION OF INTERVENTION

54

WHO MAY

INTERVENE

54

MEANING

OF LEGAL INTEREST

54

REQUISITES FOR INTERVENTION

55

HOW INTERVENTION IS DONE

55

FACTORS CONSIDERED IN ALLOWING INTERVENTION

55

PLEADINGS IN INTERVENTION

55

TIME TO INTERVENE

55

REMEDY FOR THE DENIAL OF MOTION TO INTERVENE

55

REMEDIES

55

Subpoena

55

TYPES (AND DEFINITION) OF SUBPOENA

55

BY WHOM ISSUED

56

FORM AND CONTENTS OF SUBPOENA

56

SUBPOENA DUCES TECUM

56

SUBPOENA DUCES TECUM DISTINGUISHED FROM ORDER FOR

PRODUCTION OR INSPECTION (ANNEX B)

56

SUBPOENA AD TESTIFICANDUM SERVICE OF SUBPOENA

56

56

COMPELLING ATTENDANCE OF WITNESSES; CONTEMPT

56

PERSONAL APPEARANCE IN COURT

56

APPLICATION FOR SUBPOENA TO PRISONER

56

REMEDY IN CASE OF WITNESSFAILURE TO ATTEND

56

QUASHING OF SUBPOENA

56

GROUNDS FOR QUASHING

57

Modes of Discovery

57

DEPOSITIONS PENDING ACTION; DEPOSITIONS

BEFORE ACTION OR PENDING APPEAL

57

DEPOSITIONS UNDER RULE 23

57

WRITTEN INTERROGATORIES UNDER RULE 23

59

DEPOSITIONS BEFORE ACTION UNDER RULE 24

60

DEPOSITIONS PENDING APPEAL UNDER RULE 24

60

WRITTEN INTERROGATORIES TO ADVERSE PARTIES

60

PURPOSE

60

PROCEDURE

61

ANSWER

61

EFFECT OF OBJECTIONS TO INTERROGATORIES

61

NUMBER OF INTERROGATORIES

61

SCOPE OF INTERROGATORIES

61

USE OF INTERROGATORIES

61

FAILURE TO FILE WRITTEN INTERROGATORIES

61

CONSEQUENCES OF REFUSAL TO ANSWER

61

REQUEST FOR ADMISSION

61

PURPOSE

61

WHEN MAY REQUEST BE MADE

62

IMPLIED ADMISSION BY ADVERSE PARTY

62

DEFERMENT OF COMPLIANCE

62

EFFECT OF ADMISSION

62

WITHDRAWAL

62

EFFECT OF FAILURE TO FILE AND SERVE REQUEST FOR ADMISSION

62

PRODUCTION OR INSPECTION OF DOCUMENTS

OR THINGS

62

PROCEDURE

62

WHAT THE COURT MAY ORDER

62

PHYSICAL AND MENTAL EXAMINATION OF PERSONS

63

MOTION REQUESTING EXAMINATION

63

COURT TO ISSUE THE ORDER FOR EXAMINATION IN ITS

63

REPORT OF FINDINGS

63

WAIVER OR PRIVILEGE

63

PHYSICIAN-PATIENT PRIVILEGE

63

CONSEQUENCES OF REFUSAL TO COMPLY WITH

MODES OF DISCOVERY (ANNEX C)

63

Trial

63

TRIAL, DEFINED

63

NOTICE OF TRIAL

63

ADJOURNMENTS AND POSTPONEMENTS

63

REQUISITES OF MOTION TO POSTPONE TRIAL

63

SUBPOENA

64

AGREED STATEMENT OF FACTS

64

ORDER OF TRIAL; REVERSAL OF ORDER

64

CONDUCT OF

TRIAL

64

GENERAL ORDER OF TRIAL

64

CONSOLIDATION OR SEVERANCE OF HEARING

OR TRIAL

64

CONSOLIDATION OF TRIAL

64

SEVERANCE OF

TRIAL

64

STATEMENT OF JUDGE

65

SUSPENSION OF ACTIONS

65

DELEGATION OF RECEPTION OF EVIDENCE

65

TRIAL BY COMMISSIONERS

65

KINDS OF TRIAL BY COMMISSIONER

65

REFERENCE BY CONSENT OR ORDERED ON MOTION

65

POWERS OF THE COMMISSIONER

65

COMMISSIONERS REPORT; NOTICE TO PARTIES AND HEARING ON THE REPORT

65

Demurrer to Evidence

66

GROUND

66

DEFINITION

66

EFFECT OF DENIAL; EFFECT OF GRANT

66

WAIVER OF RIGHT TO PRESENT EVIDENCE

67

DEMURRER TO EVIDENCE IN A CIVIL CASE V. DEMURRER TO EVIDENCE IN A CRIMINAL CASE

67

DIFFERENCES BETWEEN DEMURRER IN CIVIL AND CRIMINAL

CASES

67

Judgments and Final Orders

JUDGMENT

REQUISITES OF A VALID JUDGMENT KINDS OF JUDGMENT

67

67

67

67

JUDGMENT WITHOUT TRIAL

68

WHEN TRIAL IS NOT NECESSARY

68

CONTENTS OF A JUDGMENT

68

PARTS OF A JUDGMENT

68

DISTINCTION BETWEEN JUDGMENT AND OPINION OF THE COURT

69

CONFLICT BETWEEN THE DISPOSITIVE PORTION AND BODY

OF THE DECISION

69

JUDGMENT ON THE PLEADINGS

69

GROUNDS

69

CANNOT BE RENDERED MOTU PROPRIO

69

WHEN JUDGMENT ON THE PLEADINGS WILL NOT APPLY . 69

EFFECTS

69

SUMMARY JUDGMENTS

69

DEFINITION, NATURE

69

GENUINE ISSUE

69

PROCEDURE

70

FOR THE CLAIMANT

70

FOR THE DEFENDANT

70

WHEN THE CASE NOT FULLY ADJUDICATED

70

AFFIDAVITS AND ATTACHMENTS

70

JUDGMENT ON THE PLEADINGS VERSUS SUMMARY JUDGMENTS

71

RENDITION OF JUDGMENTS AND FINAL ORDERS

71

FORM OF JUDGMENT

71

DEFINITION OF RENDITION OF JUDGMENT

71

PERIOD WITHIN WHICH DECISION IS TO BE RENDERED

71

INTERPRETATION OF THE JUDGMENT

71

ENTRY OF JUDGMENT AND FINAL ORDER

71

DEFINITION OF ENTRY OF JUDGMENT

71

ENTRY OF JUDGMENTS AND FINAL ORDERS

71

AMENDMENTS TO JUDGMENT

72

Post-Judgment Remedies . 72

REMEDIES BEFORE FINALITY OF JUDGMENT

72

MOTION FOR NEW TRIAL OR RECONSIDERATION

 

72

MOTION FOR RECONSIDERATION

72

GROUNDS

72

WHEN TO FILE

72

DENIAL OF THE MOTION; EFFECT

73

GRANT OF THE MOTION; EFFECT

74

REMEDY WHEN MOTION IS DENIED, FRESH 15-DAY PERIOD

RULE

74

JUDGMENTS AND FINAL ORDERS SUBJECT TO APPEAL

74

MATTERS NOT APPEALABLE

75

REMEDY AGAINST JUDGMENTS AND ORDERS WHICH ARE NOT APPEALABLE

75

MODES OF APPEAL

75

ISSUES TO BE RAISED ON APPEAL

84

PERIOD OF APPEAL

84

PERFECTION OF APPEAL

86

APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE MTC

86

APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE RTC

88

APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE CA

89

APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE CTA

89

REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF THE COA

89

REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF THE COMELEC

90

REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF THE CSC

90

REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF THE OMBUDSMAN

90

REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF THE NLRC

90

REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF QUASI-JUDICIAL AGENCIES

91

RELIEF FROM JUDGMENTS, ORDERS AND OTHER

PROCEEDINGS

GROUNDS FOR AVAILING OF THE REMEDY TIME TO FILE PETITION CONTENTS OF PETITION

91

92

92

92

ANNULMENT OF JUDGMENTS OR FINAL ORDERS

AND RESOLUTIONS

GROUNDS FOR ANNULMENT PERIOD TO FILE ACTION EFFECTS OF JUDGMENT OF ANNULMENT

92

92

93

93

COLLATERAL ATTACK OF JUDGMENTS REMEDIES FROM A VOID JUDGMENT WHAT IS A VOID JUDGMENT? HOW DO YOU ATTACK A VOID JUDGMENT? WHAT ARE YOUR REMEDIES? SOME JURISPRUDENTIAL BASIS

93

93

93

93

93

93

Execution, Satisfaction and Effect of Judgments

94

EXECUTION AS A MATTER OF RIGHT (ANNEX D)

95

DISCRETIONARY EXECUTION (ANNEX E)

95

HOW A JUDGMENT IS EXECUTED

96

EXECUTION BY MOTION OR BY INDEPENDENT ACTION

96

ISSUANCE AND CONTENTS OF A WRIT OF EXECUTION

96

EXECUTION OF JUDGMENTS FOR MONEY

96

EXECUTION OF JUDGMENTS FOR SPECIFIC ACTS

98

EXECUTION OF SPECIAL JUDGMENTS

99

EFFECT OF LEVY ON THIRD PERSONS

99

PROPERTIES EXEMPT FROM EXECUTION

99

PROCEEDINGS WHERE PROPERTY IS CLAIMED

BY THIRD PERSONS

101

IN RELATION TO THIRD PARTY CLAIM IN ATTACHMENT AND

REPLEVIN

101

RULES

ON REDEMPTION

102

EFFECTS

OF REDEMPTION

102

RECOVERY OF PURCHASE PRICE AND REVIVAL OF JUDGMENT

103

EXAMINATION OF JUDGMENT OBLIGOR WHEN

JUDGMENT IS UNSATISFIED

104

WHEN EXAMINATION MAY BE MADE

104

HOW

104

EXAMINATION OF OBLIGOR OF JUDGMENT OBLIGOR

104

DOES A PARTY LITIGANT ENJOY ANY DISCOVERY RIGHTS AFTER THE PROMULGATION OF FINAL AND EXECUTORY JUDGMENT?

104

REMEDIES OF JUDGMENT CREDITOR IN AID OF EXECUTION

104

ENTRY OF SATISFACTION

104

EFFECT OF JUDGMENT OR FINAL ORDERS

104

RES JUDICATA IN JUDGMENTS IN REM

105

RES JUDICATA IN JUDGMENTS IN PERSONAM

105

CONCLUSIVENESS OF JUDGMENT/PRECLUSION OF ISSUES

(AUTER ACTION PENDANT)

105

REQUISITES OF RES JUDICATA

105

RES JUDICATA V. LAW OF THE CASEV. STARE DECISIS 105

ENFORCEMENT AND EFFECT OF FOREIGN JUDGMENTS OR FINAL ORDERS

105

EFFECT OF FOREIGN JUDGMENTS

105

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

PROVISIONAL REMEDIES

106

PRELIMINARY ATTACHMENT

DEFINITION PURPOSES GROUNDS FOR ISSUANCE OF WRIT OF ATTACHMENT REQUISITES ISSUANCE AND CONTENTS OF ORDER OF ATTACHMENT; AFFIDAVIT AND BOND RULE ON PRIOR OR CONTEMPORANEOUS SERVICE OF SUMMONS

MANNER OF ATTACHING REAL AND PERSONAL PROPERTY;

WHEN PROPERTY ATTACHED IS CLAIMED BY THIRD PERSON DISCHARGE OF ATTACHMENT AND THE COUNTER-BOND SATISFACTION OF JUDGMENT OUT OF PROPERTY ATTACHED

106

106

106

106

107

107

107

108

109

110

PRELIMINARY INJUNCTION

111

DEFINITIONS AND DIFFERENCES: DRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER; STATUS QUO ANTE

ORDER REQUISITES KINDS OF INJUNCTION WHEN WRIT MAY BE ISSUED

GROUNDS FOR ISSUANCE OF PRELIMINARY INJUNCTION 113

GROUNDS FOR OBJECTION TO, OR FOR THE DISSOLUTION OF

INJUNCTION OR RESTRAINING ORDER DURATION OF A TEMPORARY RESTRAINING ORDER IN RELATION TO RA 8975, BAN ON ISSUANCE OF TRO OR WRIT OF INJUNCTION IN CASES INVOLVING GOVERNMENT INFRASTRUCTURE PROJECTS RULE ON PRIOR OR CONTEMPORANEOUS SERVICE OF SUMMONS IN RELATION TO ATTACHMENT

111

111

112

113

113

114

114

114

RECEIVERSHIP

115

NATURE

115

PURPOSE

115

CASES WHEN RECEIVER MAY BE APPOINTED

115

REQUIREMENTS BEFORE ISSUANCE OF AN ORDER

115

POWERS OF A RECEIVER

115

TWO (2) KINDS OF BOND

116

TERMINATION OF RECEIVERSHIP

116

REPLEVIN

116

WHEN MAY WRIT BE ISSUED

116

REQUISITES

117

AFFIDAVIT AND BOND; REDELIVERY BOND

117

SHERIFFS DUTY IN THE IMPLEMENTATION OF THE WRIT; WHEN PROPERTY IS CLAIMED BY THIRD PARTY

117

Special Civil Actions

NATURE OF SPECIAL CIVIL ACTIONS

118

118

ORDINARY CIVIL ACTIONS VERSUS SPECIAL CIVIL

ACTIONS

118

JURISDICTION AND VENUE

118

INTERPLEADER

118

DEFINITION

118

PURPOSE

118

REQUISITES FOR INTERPLEADER

119

WHEN TO FILE

119

DECLARATORY RELIEFS AND SIMILAR REMEDIES

119

WHO MAY FILE THE ACTION

119

REQUISITES OF ACTION FOR DECLARATORY RELIEF

120

WHEN COURT MAY REFUSE TO MAKE JUDICIAL DECLARATION

120

CONVERSION TO ORDINARY ACTION

120

PROCEEDINGS CONSIDERED AS SIMILAR REMEDIES

120

REVIEW OF JUDGMENTS AND FINAL ORDERS OR

RESOLUTION OF THE COMELEC AND COA

121

SCOPE

121

PROCEDURE DISTINCTION IN THE APPLICATION OF RULE 65 TO JUDGMENTS OF THE COMELEC AND COA AND THE

121

APPLICATION OF RULE 65 TO OTHER TRIBUNALS, PERSONS

AND OFFICERS

123

CERTIORARI, PROHIBITION AND MANDAMUS

123

WHEN PETITION FOR CERTIORARI, PROHIBITION AND MANDAMUS IS PROPER (ANNEX F)

124

INJUNCTIVE RELIEF

125

CERTIORARI DISTINGUISHED FROM APPEAL BY CERTIORARI;

PROHIBITION AND MANDAMUS DISTINGUISHED FROM INJUNCTION; WHEN AND WHERE TO FILE PETITION

125

EXCEPTIONS TO FILING OF MOTION FOR RECONSIDERATION

BEFORE FILING PETITION

125

RELIEFS PETITIONER IS ENTITLED TO

125

FACTIONS/OMISSIONS OF MTC/RTC IN ELECTION CASES

126

WHERE TO FILE PETITION

126

EFFECTS OF FILING OF AN UNMERITORIOUS PETITION

126

QUO WARRANTO

126

DISTINGUISH FROM QUO WARRANTO IN THE OMNIBUS ELECTION CODE

126

WHEN THE GOVERNMENT COMMENCES AN ACTION AGAINST

INDIVIDUALS

126

WHEN INDIVIDUAL MAY COMMENCE AN ACTION

127

JUDGMENT IN QUO WARRANTO ACTION

127

RIGHTS OF A PERSON ADJUDGED ENTITLED TO PUBLIC OFFICE

127

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

141

DEFENSES AND OBJECTIONS

128

KINDS OF CONTEMPT PURPOSE AND NATURE OF EACH

141

ORDER OF EXPROPRIATION

129

REMEDY AGAINST DIRECT CONTEMPT; PENALTY

142

ASCERTAINMENT OF JUST COMPENSATION

129

APPOINTMENT OF COMMISSIONERS; COMMISSIONERS

REMEDY AGAINST INDIRECT CONTEMPT; PENALTY (ANNEX G)

142

REPORT; COURT ACTION

HOW CONTEMPT PROCEEDINGS ARE COMMENCED

142

UPON COMMISSIONERS 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 BY AGREEMENT

133

REQUISITES FOR EXERCISE OF CRIMINAL JURISDICTION

153

PARTITION BY COMMISSIONERS; APPOINTMENT OF COMMISSIONERS, COMMISSIONERS REPORT; COURT

JURISDICTION OF CRIMINAL COURTS

153

ACTION UPON COMMISSIONERS 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

DEATH OF OFFENDED PARTY

155

DESISTANCE BY OFFENDED PARTY

155

PARDON BY OFFENDED PARTY

155

CRIMINAL ACTIONS, WHEN ENJOINED

156

CONTROL OF PROSECUTION

156

EXTENT OF THE PROSECUTOR’S CONTROL

156

PRIOR TO THE FILING OF THE CASE

156

AFTER A CASE IS FILED

156

LIMITATIONS OF CONTROL BY THE COURT

156

EFFECTS OF THE LACK OF INTERVENTION BY THE FISCAL IN

THE TRIAL

157

SUFFICIENCY OF COMPLAINT OR INFORMATION

157

COMPLAINT DEFINED

157

INFORMATION DEFINED

157

FORM & SUBSTANCE

157

DESIGNATION

OF OFFENSE

157

CAUSE OF THE ACCUSATION

157

WHAT TO ALLEGE

157

DUPLICITY OF THE OFFENSE; EXCEPTION

158

DUPLICITY OF OFFENSE

158

SEVERAL MODES OF COMMITTING OFFENSE NOT DUPLICITOUS

158

AMENDMENT OR SUBSTITUTION OF COMPLAINT

OR INFORMATION

158

AMENDMENTS IN FORM AND SUBSTANCE BEFORE PLEA

158

AMENDMENTS MADE AFTER PLEA AND DURING TRIAL

158

VENUE OF CRIMINAL ACTIONS

159

INTERVENTION OF OFFENDED PARTY

159

Prosecution of Civil Action

160

CIVIL ACTION IS SUSPENDED

160

EFFECT OF THE DEATH OF ACCUSED OR CONVICT ON CIVIL

ACTION

160

PREJUDICIAL QUESTION

161

EFFECT

161

ELEMENTS OF PREJUDICIAL QUESTION

161

WHERE TO FILE PETITION FOR SUSPENSION IS FILED

161

RULE ON FILING FEES IN CIVIL ACTION DEEMED

INSTITUTED WITH THE CRIMINAL ACTION

161

FILING FEES OF CIVIL ACTION DEEMED INSTITUTED IN CRIMINAL ACTION

161

Preliminary Investigation

161

NATURE OF RIGHT

161

PRELIMINARY INVESTIGATION, DEFINED

161

NATURE OF THE RIGHT TO PRELIMINARY INVESTIGATION

161

RIGHT TO PRELIMINARY INVESTIGATION

162

INSTANCES WHEREIN THE RIGHT TO PI IS DEEMED WAIVED:

162

INSTANCES WHEREIN THE RIGHT TO PI IS NOT DEEMED WAIVED

162

PURPOSES OF PRELIMINARY INVESTIGATION

162

SCOPE OF PI

162

WHO MAY CONDUCT DETERMINATION OF EXISTENCE OF PROBABLE CAUSE

162

PROCEDURE FOR PRELIMINARY INVESTIGATION

163

RESOLUTION OF INVESTIGATING PROSECUTOR

163

REVIEW

163

REMEDY OF AN AGGRIEVED PARTY AGAINST THE RESOLUTION OF THE DOJ SECRETARY

164

WHEN WARRANT OF ARREST MAY ISSUE

164

CASES NOT REQUIRING A PRELIMINARY INVESTIGATION

164

CASES NOT REQUIRING A PRELIMINARY INVESTIGATION NOR COVERED BY RULE ON SUMMARY PROCEDURE

164

RULE ON IMPLIED INSTITUTION OF CIVIL ACTION

WITH CRIMINAL ACTION

HOW INSTITUTED

160

REMEDIES OF ACCUSED IF THERE WAS NO

160

PRELIMINARY INVESTIGATION

164

EFFECT OF DENIAL OF RIGHT TO PRELIMINARY INVESTIGATION

164

160

IF PRELIMINARY INVESTIGATION IS BEING CONDUCTED 165

160

 

INQUEST

165

WHEN CIVIL ACTION MAY PROCEED INDEPENDENTLY

SEPARATE ACTION FILED BY THE ACCUSED

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 INSTANCES WHEN JUDGE ISSUES

RIGHTS OF ACCUSED AT THE TRIAL

TO BE PRESUMED INNOCENT UNTIL THE CONTRARY IS

173

WARRANT OF ARREST

168

PROVED BEYOND REASONABLE DOUBT

173

DETERMINATION OF PROBABLE CAUSE FOR

TO BE INFORMED OF THE NATURE AND CAUSE OF 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

Bail

169

RIGHT TO COMPULSORY PROCESS

175

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

HEARING OF APPLICATION FOR BAIL IN CAPITAL OFFENSES

CONVICTION PROSECUTION HAS BURDEN OF PROOF REGARDING MINORS CHARGED WITH A CAPITAL OFFENSE DUTY OF JUDGE TO CONDUCT HEARING WHERE THE APPLICATION IS FILED

170

170

170

170

171

171

INVESTIGATION

176

TO BE ALLOWED VISITS BY OR CONFERENCES WITH

176

CONSEQUENCES OF VIOLATION OF CUSTODIAL RIGHTS

176

Arraignment and Plea

176

ARRAIGNMENT AND PLEA, HOW MADE

176

DEFINITION

176

DUTY OF THE COURT BEFORE ARRAIGNMENT

177

BEFORE ARRAIGNMENT AND PLEA, THE ACCUSED MAY AVAIL OF ANY OF THE FOLLOWING:

177

HAS BEEN EXTINGUISHED CONTAINS AVERMENTS WHICH, IF TRUE, WOULD

182

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 ENTERED

178

DEMURRER

TO EVIDENCE

182

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

TO A LESSER OFFENSE

PLEA TO A LESSER OFFENSE DURING ARRAIGNMENT PLEA TO A LESSER OFFENSE AFTER ARRAIGNMENT BUT BEFORE TRIAL PLEA TO A LESSER OFFENSE AFTER TRIAL HAS BEGUN

179

179

179

179

ACCUSED PLEAD GUILTY TO CAPITAL OFFENSE,

WHAT THE COURT SHOULD DO

179

DUTY OF THE COURT WHEN ACCUSED PLEADS GUILTY TO A

CAPITAL

OFFENSE

179

SEARCHING INQUIRY

179

PLEA OF GUILTY TO A CAPITAL OFFENSE

179

IMPROVIDENT PLEA OF GUILTY TO A CAPITAL OFFENSE

179

DEFINITION

179

WHEN IMPROVIDENT PLEAMAY BE WITHDRAWN

179

GROUNDS FOR SUSPENSION OF ARRAIGNMENT

179

UNSOUND MENTAL CONDITION OF THE ACCUSED AT THE

TIME OF THE ARRAIGNMENT PREJUDICIAL QUESTION EXISTS

PENDING PETITION FOR REVIEW OF THE RESOLUTION OF

179

180

THE PROSECUTOR WITH THE DOJ OR OFFICE OF THE PRESIDENT.

180

PENDING MOTION TO QUASH

180

Motion to Quash

180

GROUNDS

180

FACTS CHARGED DO NOT CONSTITUTE AN OFFENSE

180

COURT HAS NO JURISDICTION OVER THE OFFENSE CHARGED

181

COURT HAS NO JURISDICTION OVER THE PERSON OF THE ACCUSED

181

OFFICER WHO FILED INFORMATION HAD NO AUTHORITY TO DO SO

181

COMPLAINT/INFORMATION DOES NOT CONFORM SUBSTANTIALLY TO THE PRESCRIBED FORM

181

MORE THAN ONE OFFENSE IS CHARGED CRIMINAL ACTION OR LIABILITY

182

EXCEPTION TO THE RULE THAT SUSTAINING THE MOTION IS NOT A BAR TO ANOTHER

PROSECUTION

 

183

DOUBLE JEOPARDY

183

RULE OF DOUBLE JEOPARDY

183

KINDS OF DOUBLE JEOPARDY

183

SAME OFFENSE

183

SAME

ACT

184

REQUISITES TO SUCCESSFULLY

INVOKE DOUBLE

JEOPARDY

184

REQUISITES FOR FIRST JEOPARDY TO ATTACH

184

WITHOUT

EXPRESS CONSENT

184

DISMISSAL

= ACQUITTAL

184

DISMISSAL

VS. ACQUITTAL

184

PROVISIONAL DISMISSAL

184

DEFINITION

 

184

WHEN DISMISSAL BECOMES PERMANENT:

TIME

BAR RULE

185

HOW

TO REVIVE A CASE

185

REQUISITE PROCEDURE

185

Pre-trial

185

JUDICIAL

AFFIDAVIT RULE

185

MATTERS TO BE CONSIDERED DURING PRE- TRIAL

185

COVERAGE

185

PERIOD

185

THINGS CONSIDERED DURING PRE-TRIAL / PURPOSES 186

ROLE OF THE JUDGE

186

STIPULATION OF FACTS

186

MARKING FOR IDENTIFICATION OF THE EVIDENCE OF PARTIES

186

WHAT THE COURT SHOULD DO WHEN PROSECUTION AND OFFENDED PARTY AGREE

TO THE PLEA OFFERED BY THE ACCUSED

186

PLEA BARGAINING

186

EFFECT WHEN THE PROSECUTION AND THE OFFENDED PARTY AGREE TO THE PLEA OFFERED BY THE ACCUSED 186

PRE-TRIAL AGREEMENT

186

REQUIRED FORM OF PRE-TRIAL AGREEMENT

186

EFFECT

186

NON-APPEARANCE DURING PRE-TRIAL

187

PRE-TRIAL ORDER

187

ISSUANCE

187

CONTENTS

187

EFFECT

187

REFERRAL OF SOME CASES FOR COURT ANNEXED MEDIATION AND JUDICIAL DIPUTE RESOLUTION

187

A.M. NO. 03-1-09-SC RE: PROPOSED RULE ON GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES AND CLERKS OF COURT IN THE CONDUCT OF PRE- TRIAL AND USE OF DEPOSITION-DISCOVERY MEASURES

RESOLUTION

Trial

INSTANCES WHEN PRESENCE OF ACCUSED IS

REQUIRED BY LAW

PRESENCE IS MANDATORY

187

187

187

187

REQUISITES BEFORE TRIAL CAN BE SUSPENDED

ON ACCOUNT OF ABSENCE OF WITNESS

188

ABSENCE OR UNAVAILABILITY OF AN ESSENTIAL WITNESS

188

CONDITIONAL EXAMINATION

188

TRIAL IN ABSENTIA

188

REQUISITES

188

REMEDY WHEN ACCUSED IS NOT BROUGHT TO

TRIAL WITHIN THE PRESCRIBED PERIOD

188

EFFECT OF DELAY

188

REQUISITES FOR DISCHARGE OF ACCUSED TO

BECOME A STATE WITNESS

188

DISCHARGE OF A CO-ACCUSED

188

REQUISITES

189

EFFECTS OF DISCHARGE OF ACCUSED AS STATE WITNESS

189

EFFECT OF DISCHARGE

189

DEMURRER TO EVIDENCE

189

DEFINITION

189

HOW INITIATED

189

MOTION FOR LEAVE TO FILE DEMURRER

189

EFFECT OF GRANTING DEMURRER

189

EFFECT OF DENIAL OF MOTION FOR LEAVE TO FILE DEMURRER

190

RIGHT OF THE ACCUSED TO PRESENT EVIDENCE AFTER DEMURRER IS DENIED

190

Judgment

190

REQUISITES OF A JUDGMENT

190

FORM

190

JUDGE WHO PENNED THE DECISION NEED NOT BE THE ONE

WHO HEARD THE CASE

190

CONTENTS OF JUDGMENT

190

CONVICTION

190

ACQUITTAL

192

PROMULGATION OF JUDGMENT; INSTANCES OF

PROMULGATION OF JUDGMENT IN ABSENTIA 192

PROMULGATION

192

NOTICE

FOR PROMULGATION

192

WHEN DOES JUDGMENT BECOME FINAL

193

JUDGMENT BECOMES FINAL

193

New trial or Reconsideration

194

GROUNDS FOR NEW TRIAL

194

GROUNDS FOR

RECONSIDERATION

194

REQUISITES BEFORE A NEW TRIAL MAY BE GRANTED ON GROUND OF NEWLY DISCOVERED

EVIDENCE

194

REQUISITES

194

EXCEPTIONS

194

EFFECTS OF GRANTING A NEW TRIAL OR RECONSIDERATION

194

IN ALL CASES

194

REMEDY AGAINST GAD IN GRANTING MNT/MFR

195

APPLICATION OF NEYPES DOCTRINE IN CRIMINAL CASES

195

FRESH PERIOD TO APPEAL

AFTER