2014 Rem Law Quick Reviewer

PHILIPPINE CHRISTIAN UNIVERSITY
COLLEGE OF LAW
Remedial Law Reviewer 2014
CIVIL PROCEDURE
A. Parts of the Pleading
a. Caption
b. Body
c. Signature and Address
d. Verification and Certification against Non-forum Shopping
FORUM SHOPPING consists of filing multiple suits in different courts,
either simultaneously or successively, involving the same parties, to ask
the courts to rule on the same or related causes and/or to grant the same
or substantially the same relief.
Test to determine the presence of forum-shopping:
Whether in the two (or more) cases pending, there is identity of (a)
parties, (b) rights or causes of action, and (c) relief sought.
B. Manner of Making Allegations
Every pleading shall contain in a methodical and logical form a plain, concise
and direct statement of the ultimate facts, omitting the statement of mere
evidentiary facts.
a. Conditions Precedent- Pleading must state conditions precedent to the
cause of action, e.g. failure to compromise or non-compliance with
conciliation process at the barangay level.
b. Fraud, Mistake and Condition of Mind- Fraud or mistake must be stated
with particularity while malice or intent must be averred generally.
c. Actionable Document- Written instrument upon which the action or
defense is based; main object of the action. (e.g. Promissory note, deed of
mortgage, written contract)
d. Non-Actionable Document- It is some other extraneous document which is
not the main object of the action. (e.g. Demand letter)
e. How to Contest an Actionable Document
1. By specific denial under oath; and
2. By setting forth what is claimed to be the facts.
C. Specific Denial
a. Three Ways of making specific denial
Remedial Law Class of 2014

Adviser: Dean Poncevic Ceballos

COLLEGE OF LAW
1. By specifically denying the averment and, whenever practicable, setting

forth the substance of the matters relied upon for such denial (GENERAL
DENIAL);
2. Part admission and part denial (PARTIAL DENIAL); and
3. By an allegation of lack of knowledge or information sufficient to form a
belief as to the truth of the averment in the opposing partys pleading
(DENIAL BY DISAVOWAL OF KNOWLEDGE)
b. Negative Pregnant
A form of denial which at the same time involves an affirmative
implication favorable to the opposing party; it is in effect, an admission of
the averment to pregnant with an admission of the substantial facts in the
pleading responded to.
c. Allegations not Specifically Denied deemed Admitted
GENERAL RULE: Allegations NOT specifically denied are deemed admitted.
EXCEPTIONS:
1. Allegations as to the amount of unliquidated damages;
2. Allegations immaterial as to the cause of action; and
3. Conclusion of law.
D. Effect of Failure to Plead
GENERAL RULE: Defenses and objections that are not pleaded in a MOTION
TO DISMISS or in the answer are deemed waived.
EXCEPTIONS (not waived even if not raised):
(a)
Lack of jurisdiction over the subject matte
(b)
Litis pendentia
(c)
Res judicata
(d)
Prescription of the action
Amended Answer vs. Supplemental Answer
An AMENDED ANSWER is proper if the counterclaim or cross claim already
existed at the time the original answer was filed, but due to oversight,
inadvertence, or excusable neglect, it was not set up.
A SUPPLEMENTAL ANSWER is proper if the counterclaim or cross-claim
matures or is acquired after the answer is filed
E. Default
a. Effect of Order of Default
While the party in default cannot take part in the trial, he is nonetheless
entitled to notice of subsequent proceedings.
He may still be called on as a witness, in behalf of the non-defaulting
defendants
b. Remedies of a party declared in default
1. Before the rendition of judgment;
(a) file a motion to dismiss under oath to set aside the order of default on
the grounds of fraud, accident, mistake or excusable negligence and that


COLLEGE OF LAW
he has a meritorious defense (Sec. 3[b] of Rule 9 ); and if reconsideration

is denied, he may file the special civil action of certiorari for grave abuse
of discretion tantamount to lack or excess of jurisdiction ( Sec. 1 of Rule
65 ); or
(b) file a petition for certiorari if he has been illegally declared in default
e.g. during the pendency of his motion to dismiss or before the expiration
of the time to answer. (Matute v. CA, 26 SCRA 768; Acosta-Ofalia v.
Sundial, 85 SCRA 412 ).
2. After judgment but before its finality;
(a.) file a motion for new trial on the grounds of fraud, accident, mistake,
excusable negligence or;
(b.) file a motion for reconsideration on the ground of excessive damages,
insufficient evidence or the decision or final order being contrary to law
( Sec. 2 of Rule 37); and thereafter, if the motion is denied, appeal is
available under Rules 40 or 41, whichever is applicable.
3. After finality of judgment
There are three ways to assail the judgment, which are:
(a) a petition for relied under Rule 38 on the grounds of fraud, accident,
mistake or excusable negligence;
(b) annulment of judgment under Rule 47 for extrinsic fraud or lack of
jurisdiction;
(c) certiorari if the judgment is void on its face or by the
judicial record.
F. Amended Pleading vs. Supplemental Pleading
AMENDED PLEADING
Refers to facts existing at the time of
the commencement of the action.
Take place of the original pleading
Can be made as a matter of right as
when no responsive pleading has yet
been filed.
SUPPLEMENTAL PLEADING
Refers to facts arising after the filing of the
original pleading.
Taken together with the original pleading
Always done with leave of court
G. When to File Responsive Pleading

ANSWER TO THE COMPLAINT - Within 15 days after service of summons,
UNLESS a different period is fixed by the court;
ANSWER OF A DEFENDANT FOREIGN PRIVATE JURIDICAL ENTITY
In case the defendant is a foreign private juridical entity;
a.) If it has a resident agent within 15 days after service of summons to
him;


COLLEGE OF LAW
b.) If it has no resident agent, but it has an agent or officer in the

Philippines within 15 days after service of summons to said agent or
officer;
c.) If it has no resident agent nor agent nor officer in which case service
of summons is to be made on the proper government office which will
then send a copy by registered mail to the home office of the foreign
private corporation within 30 days after receipt of summons by the home
office of the foreign private entity.
In case of service of summons by publication within the time
specified in the order granting leave to serve summons by publication,
which shall NOT be less than 60 days after notice (Rule 14, Section 15);
and
In case of a non-resident defendant on whom extraterritorial service of
summons is made at least 60 days.
The court may extend the time to file the pleadings but may not
shorten them.
ANSWER TO AMENDED PLEADINGS
If the filing of an amended complaint is a MATTER OF RIGHT within 15
days from service of amended complaint.
If the filing of an amended complaint is NOT A MATTER OF RIGHT within
10 days counted from notice of the court order admitting the same.
ANSWER TO COUNTERCLAIM OR CROSS-CLAIM
A counterclaim or cross-claim must be answered within 10 days from
service.
ANSWER TO THIRD (FOURTH, ETC.)-PARTY COMPLAINT
The third party defendant is served with summons just like the original
defendant, hence, he also has 15, 30, 60 days from service of summons,
as the case may be, to file his answer.
REPLY
A reply may be filed within 10 days from service of the pleading
responded to.
ANSWER TO SUPPLEMENTAL COMPLAINT
Answer to a supplemental complaint must be filed within 10 days from
notice of the order admitting the same.
H. Bill of Particulars (Effects of motion if denied or granted)
BILL OF PARTICULARS A more definite statement of any matter which is not
averred with sufficient definiteness or particularity.


COLLEGE OF LAW
An action cannot be dismissed on the ground that the complaint is vague or

indefinite. The remedy of the defendant is to move for a bill of particulars or
avail of the proper mode of discovery. (Galeon v. Galen 60 SCRA 234 (1976))
The motion for bill of particulars shall be filed BEFORE responding to a
pleading. Hence, it must be filed within the period granted by the Rules (Rule
11) for the filing of a responsive pleading.
If the pleading is a reply, the motion must be filed within 10 days from
service thereof.
EFFECTS OF MOTION:
If the motion is GRANTED, in whole or in part, the MOVANT can wait until the
bill of particulars is served on him by the opposing party and then he will
have the balance of the reglementary period within which to file his
responsive pleading.
If his motion is DENIED, he will still have such balance of the reglementary
period to file his responsive pleading; counted from service of the order
denying his motion.
NOTE: In either case, he shall NOT have less than 5 days to file his responsive
pleading.
I. Summons
a. Purpose - To acquire jurisdiction over the person of the defendant in a civil
case; and
b. Modes of Service
Personal service
Substituted service
c. Extraterritorial Service and its Requisites
REQUISITES:
1. Defendant does NOT RESIDE or is NOT FOUND in the Philippines;
2. The action must be an action IN REM or QUASI IN REM. It either:
a. Affects the PERSONAL STATUS of plaintiff;
b. Relates to the subject which is property within the Philippines in which
defendant has a LIEN or interest;
c. Demands a relief which consists wholly or in part in EXCLUDING the
defendant from any interest in any property within the Philippines; or
d. Property of defendant has been ATTACHED in the Philippines.
J. Motion to Dismiss
GENERAL RULE: A court may not motu propio dismiss a case unless a
motion to that effect is filed by a party thereto.
EXCEPTIONS:
1. Those cases where the court may dismiss a case motu proprio (Sec. 1,
Rule 9);
2. Upon the plaintiffs own motion (Sec. 2, Rule 17); or


COLLEGE OF LAW
3. Rule on Summary Procedure (Section 4, 1991 Revised Rule on Summary

Procedure).
a. Grounds
1. No jurisdiction over the person of the defending party;
2. No jurisdiction over the subject matter of the calm;
3. Improper venue;
4. No legal capacity to sue;
5. Litis pendentia;
6. Res judicata;
7. Prescription;
8. Failure to state a cause of action;
9. Claim or demand has been paid, waived, abandoned, or otherwise
extinguished;
10. Claim is unenforceable under the Statute of Frauds; and
11. Non-compliance with a condition precedent for filing a claim.
b. Effects of Dismissal
GENERAL RULE: The action or claim may be re-filed.
EXCEPTIONS: The action cannot be re-filed if it was dismissed on any of
these grounds:
1. Res judicata;
2. Prescription;
3. Extinguishment of the claim or demand; and
4. Unenforceability under the Statue of Frauds.
In these instances, the remedy of the plaintiff is APPEAL.
K. Dismissal of Actions
a. Upon Notice by the Plaintiff
GENERAL RULE: Such dismissal is WITHOUT PREJUDICE.
EXCEPTIONS:
1.Where the notice of dismissal so provides; or
2. Where the plaintiff has previously dismissed the same case in a court of
competent jurisdiction. (TWO-DISMISSAL RULE)
b. Upon Motion of the Plaintiff
The dismissal of the complaint is subject to the DISCRETION of the court
and upon such terms and conditions as may be just.
Dismissal under this rule is WITHOUT PREJUDICE, ( the complaint can be
re-filed) EXCEPT:
1. When otherwise stated in the motion to dismiss; or
2. When stated to be with prejudice in the order of the court.
L. Pre-Trial
a. Nature and Purpose
The court shall consider:
1. The possibility of an AMICABLE SETTLEMENT or of a submission to
alternative modes of dispute resolution;
2. The SIMPLIFICATION OF ISSUES;


COLLEGE OF LAW
3. The necessity or desirability of AMENDMENTS TO THE PLEADINGS;

4. The possibility of obtaining STIPULATIONS or ADMISSIONS of facts and
documents to avoid unnecessary proof;
5. The limitation of the number of WITNESSES;
6. The advisability of a PRELIMINARY REFERENCE of issues to a
commissioner;
7. The propiety of RENDERING JUDGMENT on the pleadings, or summary
judgment, or of dismissing the action should a valid ground therefore be
found to exist;
8. The advisability or necessity of SUSPENDING THE PROCEEDINGS; and
9. Such OTHER MATTERS as may aid in the prompt disposition of the
case.
b. Effect of Non-appearance of plaintiff
Cause for the dismissal of the action. This dismissal shall be with prejudice
EXCEPT when the court orders otherwise. The dismissal shall have the
effect of adjudication on the merits and is thus final. The remedy of the
plaintiff is to appeal the order of dismissal.
c. Effect of Non-appearance of defendant
Cause the plaintiff to present evidence ex-parte and for the court to
render judgment on the basis thereof. The order to present evidence exparte is interlocutory and thus not appealable. The defendant may ask for
reconsideration and if the denial is with grave abuse of discretion he may
file a petition for certiorari.
M. Demurrer to Evidence
NATURE: There is only a one-sided trial, i.e., it is only the plaintiff who has
presented evidence.
PURPOSE: To discourage prolonged litigations.
a. If motion denied- Movant shall have the right to present his evidence.
Denial is INTERLOCUTORY. Sec. 1, Rule 36 (That judgment should state
clearly and distinctly the facts and the law on which it is based), will not
apply. The denial is NOT appealable.
b. If motion granted but reversed on appeal- Movant is deemed to have
waived his right to present evidence. The decision of the appellate court
will be based only on the evidence of the plaintiff as the defendant loses
his right to have the case remanded for reception of his evidence
Order of the court is an ADJUDUCATION ON THE MERITS. Hence, the
requirement in Sec. 1, Rule 36 should be complied with.
c. Judgment on Demurrer to Evidence- A judgment rendered by the
court dismissing a case upon motion of the defendant, made after plaintiff
has rested his case, on the ground that upon the facts presented by the
plaintiff and the law on the matter, plaintiff has not shown any right to
relief.


COLLEGE OF LAW
N. Judgment on the Pleadings

JUDGMENT ON THE PLEADINGS A judgment rendered by the court upon
motion of the claimant on the ground that an answer fails to tender an issue,
or otherwise admits the material allegations of the adverse partys pleading.
O. Motion for New Trial
GROUNDS: MOTION FOR NEW TRIAL
1. Fraud, accident, mistake, or excusable negligence
(FAME);
2. Newly discovered evidence
P. Motion for Reconsideration
Grounds:
1. Damages awarded are excessive
2. Evidence is insufficient to justify the decision or final order
3. Decision is contrary to law
Q. Petition for Relief
GROUNDS FOR PETITION FOR RELIEF
1. Judgment or final order entered against a party by FAME; or
2. Judgment or final order is rendered and party has been prevented by FAME
from taking an appeal
For fraud to be extrinsic, the losing party must never have had a
chance to controvert the adverse partys evidence.
Uniform procedure for relief from judgments of MTC and RTC

R. Writ of Execution - is a judicial writ issued to an officer authorizing him to
execute the judgment of the court.
Essential Requisites of a Writ of Execution
1.
A writ of execution to be valid must conform strictly to the decision or
judgment which gives it life; and
2.
It CANNOT VARY the terms of the judgment it seeks to enforce
S. Appeal
a. Three modes of appeal
1. Ordinary Appeal (Rule 40 and 41)
a. Notice of Appeal
b. Record on Appeal
2. Petition for Review (Rule 42)
3. Appeal by Certiorari (Rule 45)
b. When is appeal a matter of right
1. First Appeal is a matter of right
EXCEPT: In civil cases, first appeal is not a matter of right of filed with the
Supreme Court.
2. In criminal cases, when the RTC imposes death penalty, the Court of
Appeals shall automatically review the judgment (Section 3(d) Rule 122).
If the Court of Appeals finds that death penalty should be imposed, the CA


COLLEGE OF LAW
shall not render judgment but certify and elevate the case to the Supreme
Court for review (Section 13(a) Rule 124).
PROVISIONAL REMEDIES
A. ATTACHMENT:
WHEN APPLICATION FOR ATTACHMENT MAY BE MADE:
1. At the commencement of the action; or
2. At any time before entry of judgment.
TWO-FOLD PURPOSE OF ATTACHMENT:
1 .To seize the property of the debtor in advance of final judgment and to
hold it for purposes of satisfying the said judgment;
2. To enable the court to acquire jurisdiction over the action by the actual or
constructive seizure of the property in those instances where personal service
of summons on the creditor cannot be effected.
HOW TO PREVENT THE ATTACHMENT
1.BY DEPOSITING with the court from which the writ was issued an amount
equal to the value of the bond fixed by the court in the order of attachment
or an amount equal to the value of the property to be attached, exclusive of
costs; or
2.BY GIVING A COUNTERBOND executed to the applicant, in amount equal to
the bond posted by the latter to secure the attachment or in an amount equal
to the value of the property to be attached exclusive of costs (Riano, p.55&)
REMEDY OF THE THIRD PERSON:
1. File a terceria or third party claim (similar to Sec. 16, Rule 39)
2. File independent action to recover his property; or
3. File a motion for intervention (This is available only before a judgment is
rendered, hence, and not allowed under Rule 39
B. INJUNCTIONS
PRELIMINARY PROHIBITORY INJUNCTION
An order granted at any stage of an action or proceeding prior to judgment or
final order, requiring a party or court, agency or person to refrain from a
particular act or acts.
PRELIMINARY MANDATORY INJUNCTION
An order granted at any stage of an action or proceeding prior to the
judgment or final order, requiring the performance of a particular act or acts.
PROHIBITION
1. Directed against a court, tribunal, or a person exercising judicial,
quasi-judicial, or ministerial functions
2. On the ground that the court against whom the writ is sought had
acted without or in excess of jurisdiction.
3. Always a main action
C. TEMPORARY RESTRAINING ORDER


COLLEGE OF LAW
GENERAL RULE: No preliminary injunction shall be granted without hearing

and prior notice to the party or person sought to be enjoined.
EXCEPTION: When temporary restraining order may be issued ex parte.
DURATION OF TEMPORARY RESTRAINING ORDER:
20 days from notice: if great or irreparable injury would
result to the applicant before the matter can be heard on notice.
2.
72 hours from issuance (issued ex parte): if the matter is
of extreme urgency and the applicant will suffer grave injustice and
irreparable injury.
extension of the 72-hour TRO
1.
D. RECEIVERSHIP
IN WHAT CASES RECEIVER MAY BE APPOINTED:
Upon a verified application, one or more receivers of the property subject of
the action or proceeding may be appointed by the court where the action is
pending, or by the Court of Appeals, or by the Supreme Court, or a member
thereof, in the following cases:
1.The party applying for the appointment of a receiver has an interest in the
property or fund subject of the action and such is in danger of being lost,
removed, or materially injured unless a receiver is appointed;
2.In an action by the mortgagee for foreclosure of mortgage when the
property is in danger of being wasted or materially injured and that its value
is probably insufficient to discharge the mortgage debt, OR that the parties
have so stipulated in the contract of mortgage;
3.After judgment, to preserve the property during the pendency of the
appeal, or to dispose of it according to the judgment, or to aid in execution
when execution has been returned unsatisfied or the judgment debtor refuses
to apply his property to satisfy judgment, or to carry out the judgment;
4.In other cases where it appears appointing one is the most convenient and
feasible means to preserve, administer, or dispose of the property in
litigation.
E. REPLEVIN
Replevin is the provisional remedy seeking for the possession of the property
prior to the determination of the main action for replevin.
Procedure for the application for Replevin (Requisites):
1.
File an APPLICATION at the commencement of the action or at any time
before defendant answers.
2. Applicant must give a BOND, executed to the adverse party, which shall be
double the value of the property as stated in the affidavit.
F. SUPPORT PENDENTE LITE
Support Pendente Lite is an amount of support provisionally fixed by the court
in favour of the person or persons entitled thereto during the pendency of an

10

COLLEGE OF LAW
action for support. Here the main action is for support and support pendent
lite is the provisional remedy.
SPECIAL CIVIL ACTIONS
A. Interpleader
Interpleader is a special civil remedy where a person, who has property
(personal or real) in his possession or an obligation to perform, either wholly
or partially, without claiming any right to either, or who claims no interest in
the subject, or whose interest, in whole or in part, is not disputed by others,
goes to court and asks that conflicting claimants to the property, or obligation
be required to litigate among themselves in order to determine finally who is
entitled to the same.
B. Declaratory Relief
a. Purpose- to ask the court to make a proper interpretation of a written
instrument, or a statute, executive order, ordinance, or other
governmental regulation. It also adjudicates the legal rights, duties, or
status of parties.
b. Who files the petition- Any person interested under a deed, will contract,
or other written instrument, or whose rights are affected by a statute,
executive order or regulation, ordinance, or any other governmental
regulation. (Sec.1)
c. When to file the petition- Before breach or violation of a right under a
deed, will, contract or other written instrument, or under a statute or
ordinance.
CERTIORARI
Directed against an
entity or person
exercising judicial or
quasi-judicial
functions.
Entity or person is
alleged to have
acted:
1.
Without
jurisdiction;
2. In excess of
jurisdiction; or
3. With grave abuse
of discretion
amounting to lack or
excess of jurisdiction
Purpose is to annul or
nullify a proceeding
PROHIBITION
Directed against an entity or
person exercising judicial,
quasi-judicial, or ministerial
functions
MANDAMUS
Directed against an
entity or person
exercising ministerial
functions
Entity or person is alleged to

have acted:
1. Without jurisdiction;
2. In excess of jurisdiction;
or
3. With grave abuse of
discretion amounting to lack
or excess of jurisdiction
Entity or person is
alleged to have
acted:
1.
Neglected a
ministerial duty;or
2. Excluded another
from a right or office
Purpose is to have
respondent desist from
further proceeding
Purpose is for
respondent to
1.
Do the act
required; and

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COLLEGE OF LAW
Covers discretionary
acts
Covers discretionary and

ministerial acts
2.
To pay
damages
Covers ministerial
acts
C. Writ of Certiorari- It is a writ issued by a superior court to an inferior court,

board or officer exercising judicial or quasi-judicial functions whereby the
record of a particular case is ordered to be elevated for review and correction
in matters of law.
D. Petition for Prohibition- Legal remedy available to prevent inferior courts,
or other tribunals, corporations, boards, officers, or persons, from usurping or
exercising a jurisdiction with which they have not been vested by law, to
prevent the unlawful and oppressive exercise of legal authority and to provide
for a fair and orderly administration of justice.
E. Petition for Mandamus- Command issuing from a court of law of
competent jurisdiction, in the name of the state or sovereign, directed to
some inferior court, tribunal, or board, or to some corporation or person,
requiring the performance of a particular duty therein specified, which duty
results from the official station of the party to whom the writ is directed, or
from operation of law.
F. Quo Warranto- It is the remedy or proceeding by which the sovereign or
state determines the legality of a claim which a party asserts to the use or
exercise of an office or franchise and ousts the holder from its enjoyment, if
the claim is not well founded, or if the right to enjoy the privilege has been
forfeited or lost.
G. Expropriation- the procedure to be followed in the exercise of the right of
eminent domain, which is the right of the State to acquire private property
for public use upon payment of just compensation.
H. Judicial and Extrajudicial Foreclosure
JUDICIAL FORECLOSURE
-requires court intervention
- There is only an equity of
redemption
- Governed by Rule 68
EXTRAJUDICIAL FORECLOSURE
- does not require court intervention
- Right of redemption exists
EQUITY OF REDEMPTION
RIGHT OF REDEMPTION

12
- Governed by Act 3135

COLLEGE OF LAW
Right of the defendant mortgagor to

extinguish the mortgage and retain
ownership of the property by paying
the debt within 90-120 days after the
entry of judgment or even after the
foreclosure
sale
but
prior
to
confirmation
Governed by Rule 68
Period is 90-120 days after entry of or
even after the foreclosure sale but
prior to confirmation
Right of the debtor, his successor in

interest or any judicial creditor or
judgment creditor of said debtor or
any person having a lien on the
property
subsequent
to
the
mortgage or deed of trust under
which the property is sold to
redeem the property within 1 year
from the registration of the Sheriffs
certificate of foreclosure title
Governed by Rule 39, Sections 2931
Period is within 1 year from the
registration
of
the
Sheriffs
certificate of foreclosure title
I. Partition- The process of dividing and assigning property owned in common

among the various co-owners thereof in proportion to their respective
interests in the property.
KINDS OF PARTITION
1. Judicial - procedure governed by Rule 69
2. Extrajudicial -no court intervention is required
WHEN PARTITION MADE
GENERAL RULE: It can be made anytime and the right to demand partition is
imprescriptible.
EXCEPTION: If a co-owner asserts adverse title to the property in which case
the period of prescription runs from such time of assertion of adverse title.
J. Forcible Entry and Unlawful Detainer
FORCIBLE ENTRY
Possession of land is unlawful from
the
beginning
due
to
force,
intimidation, threat, strategy or
stealth
No requirement of previous demand
for defendant to vacate premises
Plaintiff must prove that he was in
prior physical possession until he
was deprived thereof by defendant
1-year period counted from date of
actual entry or when plaintiff learned
thereof.
UNLAWFUL DETAINER
Possession
of
defendant
is
inceptively lawful but becomes
illegal by reason of termination of
right of possession
Demand is jurisdictional
Plaintiff need not have been in prior
physical possession
1-year period
demand
from
date
of
THREE KINDS OF ACTION FOR RECOVERY OF POSSESSION

ACCION
INTERDICTAL
ACCION PUBLICIANA

13
ACCION REIVINDICATORIA
last

COLLEGE OF LAW
Summary action for

the
recovery
of
physical possession
where
the
dispossession
has
not lasted for more
than 1 year
MTC only
A plenary action for

the recovery of the
real right of possession
when
the
dispossession
has
lasted for more than 1
year
RTC
if
value
of
property
exceeds
P20,000.00,
or
P50,000.00 in Metro
Manila
An action for the recovery

of
ownership,
which
necessarily includes the
recovery of possession
RTC if value of property

exceeds
P20,000.00,
or
P50,000.00 in Metro Manila
K. Contempt
DIRECT CONTEMPT
Committed in the presence of or so
near a court or judge
Punished summarily without hearing.
No appeal may be taken but the
party adjudged in contempt may
avail himself of actions of certiorari or
prohibition which shall stay the
execution of the judgment, provided
a bond fixed by the court is filed
Remedy is certiorari or prohibition
Certiorari/prohibition
suspends
execution provided there is a bond
INDIRECT CONTEMPT
Not committed in the presence of
the court
Punished only after hearing
complaint in writing or motion or
party or order of court requiring
person to appear and explain,
opportunity to appear and show
cause
Remedy is appeal
Immediately executory
bond is filed
unless
SPECIAL PROCEEDING
A. RULE 73 - VENUE AND PROCESS
JURISDICTION AND VENUE
1.
Settlement of estate of deceased persons
i.
RTC Gross value of the estate exceeds P300,000/P400,000 (Manila)
ii.
MTC Gross value of the estate does not exceed P300,000/P400,000
(Manila)
If resident place where deceased resided at time of death
If non-resident place where deceased had estate
NOTE: MTC jurisdiction is exclusive of interest, damages of whatever

kind, attorneys fees, litigation expenses and costs.
B. RULE 74 - SUMMARY SETTLEMENT OF ESTATES
GENERAL RULE: The settlement of the estate of the decedent should be
judicially administered through an administrator or executor.

14

COLLEGE OF LAW
EXCEPTIONS:
1.
Extrajudicial settlement;
2.
Summary settlement of estate of small value (not exceeding P10,000)
BOND
It is the value of the personal property certified by the parties under oath and
conditioned upon payment of just claims under Sec. 4, Rule 74.
Bond filed is required only when personal property is involved. If real, it

is subject to a lien in favor of creditor for full period of 2 years from such
distribution and such lien cannot be substituted by a bond (Rebong vs.
Ibanez, 79 Phil. 324 (1947))
C. RULE 75 - PRODUCTION OF WILL; ALLOWANCE OF WILL NECESSARY
No will shall pass either real or personal estate unless it is proved and
allowed in the proper court. Subject to the right of appeal, such allowance of
the will shall be conclusive as to its due execution.
CUSTODIAN OF WILL TO DELIVER
The person who has custody of a will shall, within twenty (20) days after he
knows of the death of the testator, deliver the will to the court having
jurisdiction, or to the executor named in the will.
D. RULE 76 - ALLOWANCE OR DISALLOWANCE OF WILL
PROBATE
It is the act of proving in a court a document purporting to be the last will and
testament of a deceased person in order that it may be officially recognized,
registered and its provisions carried insofar as they are in accordance with
law.
WHO MAY PETITION FOR THE ALLOWANCE OF A WILL:
1.
Any creditor as preparatory step for filing his claim therein;
2.
Devisee or legatee
3.
Person interested in the estate (heirs)
4.
Executor
5.
Testator himself during his lifetime.
E. RULE 77 - ALLOWANCE OF WILL PROVED OUTSIDE OF PHILIPPINES
AND ADMINISTRATION OF ESTATE THEREUNDER
WILL PROVED OUTSIDE PHILIPPINES MAY BE ALLOWED HERE
It is a requirement that a will which was probated in a foreign country be reprobated in the Philippines. If the decedent owns properties in different
countries, separate proceedings must be had to cover the same.
TWO TYPES OF ADMINISTRATION OF ESTATE
PRINCIPAL ADMINISTRATION Granted in the jurisdiction of the decedents
domicile
ANCILLARY ADMINISTRATION Instituted where the decedent left his estate

15

COLLEGE OF LAW
Administration extends only to the assets of a decedent found within

the state or country where it was granted, so that an administrator found in
one state or country has no power over property in another state or country.
(Leon vs. Manufacturers Life Insurance Co., 90 Phil. 459 (1951)
F. RULE 78 - LETTERS TESTAMENTARY AND OF ADMINISTRATION, WHEN
AND TO WHOM ISSUED
WHO CAN ADMINISTER THE ESTATE
1.
EXECUTOR One named by the testator in his will for the
administration of his property after his death
2.
ADMINISTRATOR One appointed by the Court in accordance with the
Rules or governing statutes to administer and settle the intestate estate
3.
ADMINISTRATOR WITH A WILL ANNEXED One appointed by the court
in cases when, although there is a will, the will does not appoint any
executor, or if appointed, said person is either incapacitated or unwilling to
serve as such
Executor
Nominated by the testator
appointed by the court
Administrator
and Appointed by the court in case the
testator did not appoint and executor or
if the executor refused or if the will was
disallowed or there is no will (intestacy)
Must present will to the court within 20

days after knowledge of death or of
such appointment, unless the will has
reached the court in any manner
No such duty
Testator may provide that he may serve

without a bond (Court may still require
but conditioned only in payment of
debts)
Compensation may be provided for by
testator
otherwise,
compensation
under Rule 85, Sec. 7
Must always post bond
Governed by Rule 85, Sec. 7
LETTERS TESTAMENTARY
It is the authority issued to an executor named in the will to administer the
estate.
LETTERS OF ADMINISTRATION
It is the authority issued by the court to a competent person to administer
the estate of the deceased who died intestate.
LETTERS OF ADMINISTRATION WITH A WILL ANNEXED
It is the authority issued by the court to a competent person to administer
the estate if the executor named in the will refused to accept the office.

16

COLLEGE OF LAW
G. RULE 79 - OPPOSING ISSUANCE OF LETTERS TESTAMENTAY, PETITION

AND CONTEST FOR LETTERS OF ADMINISTRATION
The main issue is the determination of the person who is rightfully entitled to
administration.
PERSONS TO OPPOSE THE ISSUANCE OF LETTERS: Any person interested in
the will.
In order to be a party, a person must have material and direct, and not one
that is only indirect or contingent, interest. The opposition may be
accompanied by a Petition for the issuance of Letters of Administration with
the will annexed.
Any person interested in a will may state in writing the grounds why
letters testamentary should not issue to the persons named therein
executors, or any of them, and the court, after hearing upon notice, shall pass
upon the sufficiency of such grounds.
A petition may, at the same time, be filed for letters of administration

with the will annexed.
REQUIRED BEFORE HEARING:
1.
Publication for 3 weeks
2.
Notice to heirs, creditors and other persons believed to have an
interest in the estate
H. RULE 80 - SPECIAL ADMINISTRATOR
SPECIAL ADMINISTRATOR
He is appointed when there is a delay in granting letters testamentary or of
administration by any cause, including an appeal from the allowance or
disallowance of the will.
WHEN MAY A PROBATE COURT APPOINT A SPECIAL ADMINISTRATOR:
1.
Delay in granting of letters by any cause including appeal in the
probate of the will
2.
Executor is a claimant of the estate he represents (Sec.8, Rule 86)
Administrator
Special Administrator
Appointment may be subject of appeal
Appointment not subject of appeal;

Merely an interlocutory order
One of the obligations is to pay the

debts of the estate
Cannot pay debts of the estate
Appointed when deceased died

intestate or did not appoint an
executor in the will or will was
disallowed
Appointed when there is delay in

granting letters testamentary or
administration
GENERAL RULE: Only one special administrator may be appointed to

administer an estate temporarily.

17

COLLEGE OF LAW
EXCEPTION: If there are two factions among the heirs and the court deems it
best to appoint more than one special administrator, justice and equity
demand that both factions be represented in the management of the estate
of the deceased. (Matias vs. Gonzales, 101 Phil. 852 (1957))
I. RULE 81 - BONDS OF EXECUTORS AND ADMINISTRATORS
WHEN FILED: Before and executor or administrator enters upon the execution
of his trust
AMOUNT: To be fixed by the court
CONDITIONS OF BOND OF SPECIAL ADMINISTRATOR:
1.
Make and return a true inventory
2.
Render accounting when required by court
3.
Deliver the estate to the person appointed executor or administrator or
other authorized persons
J. RULE 82 - REVOCATION OF ADMINISTRATION, DEATH, RESIGNATION,
AND REMOVAL OF EXECUTORS AND ADMINISTRATORS
WHEN LETTERS REVOKED AND POWERS CEASE:
When the decedents will is allowed and proved by the court after the
issuance of letters of administration
GROUNDS FOR REMOVAL OF EXECUTOR OR ADMINISTRATOR:
1.
Neglect to render account within 1 year and whenever required by the
court
2.
Neglect to settle estate according to these rules
3.
Neglect to perform an order or judgment of the court or a duty
expressly provided by these rules
4.
Absconding
5.
Insanity or incapability to discharge the trust
POWERS OF NEW EXECUTOR OR ADMINISTRATOR
1.
Collect and settle the estate not administered
2.
Prosecute or defend actions commenced by or against the former
executor or administrator
3.
Have execution on judgments recovered in the name of former
executor or administrator
K. RULE 83 - INVENTORY AND APPRAISAL; PROVISION FOR SUPPORT OF
FAMILY
INVENTORY AND APPRAISAL TO BE RETURNED WITHIN THREE MONTHS
Approval of an inventory is not a conclusive determination of what

assets constituted the decedents estate and of the valuation thereof. Such
determination is only provisional and a prima facie finding of the issue of
ownership. (Garcila vs. Martin)
The 3-month period is not mandatory. The fact that an inventory was
filed after the 3-month period would not deprive the probate court of
jurisdiction to approve it. However, an administrators unexplained delay in

18

COLLEGE OF LAW
filing the inventory may be a ground for his removal. (Sebial vs. Sebial, 64
SCRA 385 (1975))
L. RULE 84 - GENERAL PROVISIONS AND DUTIES OF EXECUTORS AND
ADMINISTRATORS
POWERS OF THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE (BERIP):
1.
To have access to, and examine and take copies of books and papers
relating to the partnership in case of a deceased partner;
2.
To examine and make invoices of the property belonging to the
partnership in case of a deceased partner;
3.
To maintain in tenantable repairs, houses and other structures and
fences and to deliver in such repair to the heirs or devisees when directed so
to do by the court;
4.
To make improvements on the properties under administration with the
necessary court approval except for necessary repairs;
5.
To possess and manage the estate when necessary;
a.
For the payment of debts
b.
For payment of expenses of administration.
M. RULE
85 - ACCOUNTABILITY AND COMPENSATION OF EXECUTORS
AND ADMINISTRATORS
GENERAL RULE: The executor or administrator is accountable for the whole
estate of the deceased.
EXCEPTION: He is not accountable for properties which never came to his
possession.
EXCEPTION TO THE EXCEPTION: when through untruthfulness to the trust or
his own fault or for lack of necessary action, the executor or administrator
failed to recover part of the estate which came to his knowledge.
N. RULE 102: HABEAS CORPUS
Certiorari, Prohibition
And Mandamus
Special Civil Action (Rule 65)
It reaches the RECORD, concerned with
errors committed by a court
DIRECT attack
Failure of respondent to file comment will
not be punished by CONTEMPT and will not
even be declared in default.
COURT and PREVAILING PARTY are named
as respondents.

19
Habeas Corpus
Special proceeding.
Reaches the body but not
the record; inquiry on the
legality of the detention.
COLLATERAL attack
Failure to file return
constitute CONTEMPT
(indirect)
Respondent is the
DETAINER.

COLLEGE OF LAW
O. RULE ON CUSTODY OF MINORS AND WRIT OF HABEAS CORPUS IN

RELATION TO THE CUSTODY OF MINORS (A.M NO. 03-04-04-SC)
WHO MAY FILE PETITION (Sec. 2)
A verified petition for the rightful custody of a minor may be filed by any
person claiming such right.
WHERE TO FILE PETITION (Sec. 3)
Family courts in the province or city where the petitioner resides or where the
minor may be found.
GENERAL RULE: motion to dismiss is NOT allowed.
EXCEPTION: On the ground of lack of jurisdiction over the subject matter or
over the parties. (Sec. 6)
WRIT OF AMPARO (Sec. 1)
It is a remedy available to any person whose right to life, liberty, and security has
been violated or is threatened with violation by an unlawful act or omission of a
public official or employee, or of a private individual or entity. The writ covers
extralegal killings and enforced disappearances or threats thereof.
THE WRIT OF HABEAS DATA (SEC. 1)
It is a remedy available to any person whose right to privacy in life, liberty or
security is violated or threatened by an unlawful act or omission of a public official
or employee, or of a private individual or entity engaged in the gathering, collecting
or storing of data or information regarding the person, family, home and
correspondence of the aggrieved party
HABEAS CORPUS
WRIT OF AMPARO
HABEAS DATA
(2007)
(2008)
Rights
involved
right to liberty of
and rightful
custody by the
aggrieved party
right to life, liberty

and security of the
aggrieved party
- covers extralegal
killings and enforced
disappearances
Kind of
violation
actual violation of
aggrieved partys
rights
Remedy for
Sec. 1
To all cases of
illegal confinement
or detention:
an actual or
threatened
violation of
aggrieved partys
rights
Sec. 1
To any person whose
right to life, liberty,
and security is

20
the RIGHT TO
PRIVACY in life,
liberty or security
of the aggrieved
party
- covers extralegal
killings and enforced
disappearances
actual or
threatened violation
of aggrieved partys
right
Sec. 1
To any person whose
right to privacy in
life, liberty, and

COLLEGE OF LAW
1. By which any
person is deprived
of his liberty; or
2. By which the
rightful custody of
any person is
withheld from the
person entitled
thereto
violated or
threatened with
violation by an
unlawful act or
omission of a public
official or employee,
or of a private
individual or entity
Respondent
may or may not be

an officer
public official or
employee or a
private individual or
entity
Who files
by the party for

whose relief it is
intended or by
some other
person in his
behalf
by the aggrieved
party or by any
qualified person or
entity in the
following order:
a) Any member of
the immediate family
of the aggrieved
party, i.e. spouse,
children and parents
b) Descendant,
ascendant or
collateral relatives up
to the 4th civil
degree of
consanguinity or
affinity
c) Any concerned
citizen, organization,
association or
institution (right to

21
security is violated or
threatened with
violation by any
unlawful act or
omission of a public
official or employee,
or of a private
individual or entity
engaged in:
a. gathering
b. colleting
c. storing
of data or information
regarding the person,
family, home and
correspondence of
the aggrieved party
public official or
employee or a
private individual or
entity engaged in the
gathering, collecting
or storing of data or
information regarding
the person, family,
home and
correspondence of
the aggrieved party
By the aggrieved
party; but in cases of
extralegal killing
and enforced
disappearances,
may be filed by:
a) Any member of
the immediate family
of the aggrieved
party, i.e. spouse,
children and parents
b) Descendant,
ascendant or
collateral relatives up
to the 4th civil
degree of
consanguinity or
affinity

COLLEGE OF LAW
file is successive)
Where filed
a. RTC or any judge
thereof
a. CA or any
member thereof in
instances
authorized by law
b. SC or any
member thereof
a. RTC of the place

where the threat act
or omission was
committed or any of
its elements occurred
a. Sandiganbayan or
any justice thereof
a. CA or any justice
thereof
b. SC or any justice
thereof
b. Sec. 4: EXEMPT
e. Sec. 5: Only
indigent petitioner is
exempted
Date and Time

of Hearing
Specified in the writ
Summary hearing:
shall be conducted
not later than 10
working days from
the date
To Whom Writ
is Served
to the person to
whom it is
directed; and if
not found or
prisoner not in his
custody, it is
served upon the
person having
custody of the
prisoner
If the person to
whom the writ is
directed neglects or
refuses to obey or
make return
thereof, or who,
upon demand
made by or on
behalf of the
prisoner, refuses to
Summary hearing:
shall be conducted
not later than 7
days from the date
of issuance of the
writ
upon the
respondent
personally
if it cannot be
served, rules on
substituted service
will apply
if it cannot be served,
rules on substituted
service will apply
If the respondent
refuses to make a
return or makes a
false return, he may
be punished with
Imprisonment or fine
for committing
contempt.
If the respondent
refuses to make a
return or makes a
false return, he may
be punished with
Imprisonment or fine
for committing
contempt.
Docket and
other fees
Consequences
of refusal to
obey the writ
or making a
false return

22
c. RTC where
petitioner or
respondent resides or
that which has
jurisdiction over the
place where the data
or information is
gathered, collected
or stored, at the
option of the
petitioner
d. SC, CA or
Sandiganbayan when
the action concerns
public data files of
government offices
Docket and other
fees
upon the
respondent
personally

COLLEGE OF LAW
deliver to the
person demanding,
within 6 hours after
the demand
therefore, a true
copy of the warrant
or order of
commitment, he
shall forfeit to the
party aggrieved the
sum of Php1,000
and may be
punished for
contempt.
Hearing Ex
Parte
May the
application be
consolidated
with a criminal
action filed
subsequent to
the petition?
Enforceability
of Writ
Who files the

return?
To Which Court
the Writ is
Returnable
NO
Enforceable
anywhere in the
Phil. if granted by
SC/CA or any
member of such
courts:
Enforceable only
within judicial
district if granted
by the RTC
Officer by whom
the prisoner is
imprisoned or the
person in whose
custody the
prisoner is found
If granted by the SC
or CA or any
member of such
courts, it may be
made returnable
before the court or
any member

23
If the respondent
fails to file a return,
the court, justice, or
judge shall proceed
to hear the petition
ex parte.
YES
YES
Enforceable
anywhere in the
Philippines
regardless of which
court issued the writ
Enforceable
anywhere in the
Philippines regardless
of which court issued
the writ
Respondent files
return
Respondent files
return
If issued by the RTC

or any judge thereof,
it is returnable before
such court or judge.
If issued by the
Sandiganbayan or
the CA or any of their
If issued by the RTC

or any judge thereof,
it shall be returnable
before such court or
judge.
If issued by the CA or
Sandiganbayan or

COLLEGE OF LAW
Contents of
Return
Allowance or
Disallowance
of General
Denial on
Allegations
Quantum of
Proof
Judgment
thereof or before an
RTC or any judge
thereof.
If granted by the
RTC or a judge
thereof, it is
returnable before
himself.
justices, it may be
returnable before
such court or any
justice thereof, or to
any RTC of the place
where the threat, act
or omission was
committed or any of
its elements
occurred.
If issued by the SC or
any of its justices, it
may be returnable
any justice thereof,
of the
Sandiganbayan or CA
or any of their
justices, or to any
RTC or the place
where the threat, act
or omission was
committed or any of
its elements
occurred.
Sec. 10
Signed and shall
also be sworn to if
the prisoner is not
produced
Sec. 9
Verified written
return
-period to file cannot
be extended except
on highly meritorious
grounds
A general denial of
the allegations in the
petition shall not be
allowed.
Quantum of proof is
clear and
convincing
evidence.
After the court has
examined the
Quantum of proof is
substantial evidence.

24
Within 10 days from

the time the petition
any of their justices,

it may be returnable
or to any RTC of the
place where the
petitioner or
that which has
or information is
gathered, collected
or stored.
If issued by the SC or
any of its justices, it
may be returnable
or before the CA or
the Sandigandbayan
or any of its justices,
or to any RTC of the
place where the
petitioner or
that which has
or information is
gathered, collected
or stored.
Sec. 9
Verified written
return
- may be reasonably
extended by the
court for justifiable
grounds
A general denial of
the allegations in the
petition shall not be
allowed.
Within 10 days from

the time the petition

COLLEGE OF LAW
Period to
Appeal
cause of the
capture and
restraint, and is
satisfied that
prisoner is
unlawfully
imprisoned or
restrained
is submitted for
decision (substantial
evidence only)
Within 48 hours
from notice of the
judgment or final
order appealed
from
Order shall not be
effective until a
copy of the order
has been served on
the officer pr
person detaining
the prisoner and
there is no appeal
5 working days
from date of notice of
the adverse
judgment (via Rule
45, to the SC)
is submitted for
decision (upon
finality, the judgment
shall be enforced by
the sheriff or any
lawful officers as may
be designated by the
court, justice or judge
within 5 working
days)
5 working days
from date of notice of
the adverse
judgment (via Rule
45, to the SC)
1. Motion to dismiss
2. Motion for
extension of time to
file opposition,
affidavit, position
paper and other
pleadings;
3. Dilatory motion for
postponement
4. Motion for a bill of
particulars
5. Counterclaim and
cross-claim
6. Third-party
complaint
7. reply
8. Motion to declare
respondent in default
9. Intervention
10. Memorandum for
reconsideration of
interlocutory orders
or interim relief
orders
11. Petition for
certiorari,
1. Motion to dismiss
2. Motion for
extension of time to
file opposition,
affidavit, position
paper and other
pleadings;
3. Dilatory motion for
postponement
4. Motion for a bill of
particulars
5. Counterclaim and
cross-claim
6. Third-party
complaint
7. reply
8. Motion to declare
respondent in default
9. Intervention
10. Memorandum for
reconsideration of
interlocutory orders
or interim relief
orders
11. Petition for
certiorari,
Prohibited
Pleadings

25

COLLEGE OF LAW
Interim Reliefs
Sec. 12
1. Unless for good
cause shown, the
hearing is
adjourned, in which
event the court
shall make an order
for the safe keeping
of the person
imprisoned or
restrained as the
nature of the case
requires
2. The court or
judge must be
satisfied that the
persons illness is
so grave that he
cannot be produced
without any danger
mandamus, or
prohibition against
any interlocutory
order
mandamus, or
prohibition against
any interlocutory
order
*motion for
extension to file
return is not allowed
for writ of amparo
*motion for extension

to file return is not
allowed for writ of
amparo
Sec. 14
1. Temporary
Protection order
2. Inspection Order
3. Production Order
4. Witness Protection
order
Criminal Procedure
1. Prosecution of Offenses- It is an action by which the State prosecutes a
person for an act or omission punishable by law.
2. Preliminary Investigation
For offenses which require preliminary investigation:
By filing the complaint with the proper officer for preliminary
investigations
Refers to a complaint-affidavit, and is different from the complaint
defined in Section 3 of Rule 110.
3. Arrest
INSTANCES WHEN A WARRANT OF ARREST IS NOT NECESSARY (Sec.9 (c), Rule
112
1. if the complaint or information was filed after the accused was lawfully
arrested without warrant
2. if the offense is punishable by fine only
3. if the complaint or information is filed with the MTC and it involves an offense
which does not require PI, the judge may issue summons instead of warrant

26

COLLEGE OF LAW
of arrest if he satisfied that there is no necessity for placing the accused

under custody.
4. Modes of Arrest
a) Arrest by virtue of a warrant
b) Arrest without a warrant under exceptional circumstances as may be
provided by statute. (Sec 5,Rule 113)
5. Who may issue a warrant of arrest- The 1987 Constitution speaks of a
judge which means judges of all levels. This power may not be limited much
less withdrawn by Congress. The power to determine the existence of
probable cause is a function of the judge and such power lies in the judge
alone (People vs. Inting, G.R. No. 88919, July 25, 1990).
6. Bail- It is the security given for the release of a person in custody of the law,
furnished by him or a bondsman, to guarantee his appearance before any
court as required under the conditions hereinafter specified by the rule.
7. Forms of Bail
1. Corporate surety
2. Property bond
3. Cash deposit
4. Recognizance
8. Bail a matter of right
1. Before or after conviction by the MTC
2. Before conviction by RTC except when the imposable penalty is death,
reclusion perpetua or life imprisonment AND the evidence of guilt is strong.
9. Bail when discretionary
1. Upon conviction by the RTC of an offense not punishable by death,
reclusion perpetua or life imprisonment, admission to bail is discretionary.
2. After conviction by the RTC wherein a penalty of imprisonment exceeding 6
but not more than 20 years is imposed and not one of the circumstances
below is present and proved, bail is a matter of discretion.
10.
Rights of the Accused
a. TO BE PRESUMED INNOCENT
b. TO BE INFORMED OF THE NATURE AND THE CAUSE OF THE ACCUSATION
AGAINST HIM
c. TO BE PRESENT AND DEFEND IN PERSON AND BY COUSEL AT EVERY STAGE
OF THE PROCEEDING.
11.
Arraignment and Plea
ARRAIGNMENT means bringing the accused into court and informing him of
the nature and cause of the accusation against him.
Plea of guilty is mitigating if it is made before prosecution starts to present
evidence. Except:
Where the plea of guilty was compelled by violence or intimidation;
When the accused did not fully understand the meaning and consequences of
his plea;
Where the information is insufficient to sustain conviction of the offense
charge;

27

COLLEGE OF LAW
Where the information does not charge an offense, any conviction thereunder
being void;
Where the court has no jurisdiction.
12.
Motion to Quash Grounds
1. Facts charged do not constitute an offense
2. Court trying the case has no jurisdiction over the offense charged
3. Court trying the case has no jurisdiction over the person of the accused
4. Officer who filed the information had no authority to do so
5. Information does not conform substantially to the prescribed form
6. That more than one offense is charged (duplicitous information)
7. Criminal action or liability has been extinguished
8. Information contains averments which, if true, would constitute a legal
excuse or justification
9. Accused has been previously convicted or acquitted of the offense
charged, or the case against him was dismissed or otherwise terminated
without his express consent (double jeopardy)
13.
Time to move to quash
GENERAL RULE: A motion to quash (MTQ) may be filed by the accused at
any time before the accused enters his plea. Thereafter, no MTQ can be
entertained by the court.
EXCEPTIONS: Under Sec. 9, Rule 117, this adopts the omnibus motion rule.
This means that a MTQ may still be filed after arraignment on the ground:
1. that the facts alleged in the information charge no offense;
2. that the court has no jurisdiction over the offense charged;
3. that the offense or penalty has prescribed, or
4. that the doctrine of double jeopardy precludes the filing of the information
14.
Effects of Motion to quash if denied or granted
If the ground for the motion is either:
1. facts charged do not constitute an offense
2. officer who filed the information had no authority to do so
3. information does not conform substantially to the prescribed form
4. duplicitous information
15.
Trial- is the examination before a competent tribunal according to the
laws of the land, of the facts put in issue in a case for the purpose of
determining such issue.
After a plea of not guilty is entered, the accused shall have at least fifteen
(15) days to prepare for trial.
The trial shall commence within 30 days from receipt of the pre-trial order.
16.
Demurrer to Evidence -It is a motion to dismiss due to the
insufficiency of the evidence presented by the prosecution to overturn the
presumption of innocence in favour of the accused.
17.
When it can be filed?
After the prosecution rests its case, the court may dismiss the action on the
ground of insufficiency of evidence:
1.
On its own initiative after giving the prosecution the opportunity to be
heard; or

28

COLLEGE OF LAW
2.
Upon demurrer to evidence filed by the accused with or without leave
of court.
18.
Judgment - is the adjudication by the court that the accused is guilty
or not guilty of the offense charged and the imposition of the proper penalty
and civil liability provided for by law.
19.
Search Warrant- is an order in writing issued in the name of the
People of the Philippines, signed by a judge and directed to a peace officer,
commanding him to search for personal property described therein and bring
it to the court.
Evidence
A. Admissibility of Evidence
The evidence must be:
1.
Relevant such a relation to the fact in issue as to induce belief in its
existence or non-existence. A matter of relationship between the evidence
and a fact in issue.
Evidence on the credibility or lack of it of a witness is always relevant.

In every proceeding, the credibility of the witness is always an issue.
2.
Competent if not excluded by the law or the rules.
Doctrine of the Fruit of the Poisonous Tree posits that all evidence (the
fruit) derived from an illegal search (the poisonous tree) must be suppressed.
B. Judicial Admissions may be made in:
1. The pleadings filed by the parties;

2. In the course of the trial either by verbal or written manifestations or
stipulations;
3. In other stages of the judicial proceeding, as in the pre-trial of the case;
4. Admissions obtained through depositions, written interrogatories or requests
for admissions.
Judicial admission can be made by either a party or counsel.
Judicial admissions may be contradicted only when it is shown that:

1. It was made through palpable mistake; or
2. That no such admission was made.
Remedy of a party who gave a judicial admission:
1. In case of a WRITTEN judicial admission Motion to withdraw the pleadings,
motion or other written instrument containing such admission;
2. In case of an ORAL judicial admission Counsel in open Court may move for the
exclusion of such admission.
D. The chain of custody method of authentication requires that every
link in the chain of custody every person who possessed the object since it was
first recognized as being relevant to the case, must explain what he did with it.

29

COLLEGE OF LAW
In order that photographs may be given as evidence1. It must be shown that it is the true and faithful representation of the place or
object which to which they refer;
2. It must be verified by:
a.
The photographer; or
b.
Any person acquainted with the object represented
and testifies that the same faithfully represents the object.
For tape recordings, the ff. must be shown: (PRO-ANIV)
1. Manner of the preservation of the recording
2. The recording device was capable of recording testimony;
3. The operator of the device was competent
4. Establishment of the correctness or authenticity of the recording;
5. Deletions, additions, changes have not been made;
6. Identification of the speakers; and
7. Testimony elicited was voluntarily made.
Authenticated fingerprints may be compared to fingerprints found on the crime
scene.
E. Documentary Evidence
a. Best Evidence Rule
ORIGINAL DOCUMENT MUST BE PRODUCED; EXCEPTIONS
GENERAL RULE: The original document must be produced.
EXCEPTIONS:
1. When the original has been lost or destroyed, or cannot be produced in court,
without bad faith on the part of the offeror;
2. When the original is in the custody or under the control of the party against
whom the evidence is offered, and the latter fails to produce it after reasonable
notice;
3. When the original consists of numerous accounts or other documents which
cannot be examined in court without great loss of time and the fact sought to be
established from them is only the general result of the whole; and
4. When the original is a public record in the custody of a public officer or is
recorded in a public office
BEST EVIDENCE RULE - is that rule which requires the highest grade of evidence
obtainable to prove a disputed fact.
The Best Evidence Does NOT Apply in the following cases:
1. When the purpose is to show the existence, execution or delivery without
reference to its terms;
2. To make testimony coherent and intelligible;
3. To admit as to contents of writing and where subject of preliminary crossexamination to lay the basis for confrontation.

30

COLLEGE OF LAW
4. Where there is no bona fide dispute on the contents of the documents and no
useful purpose would be served by its production.
b. Secondary Evidence
SECONDARY EVIDENCE shows that better or primary evidence exists as to the
proof of fact in question. It is deemed less reliable.
WHAT MUST BE PROVED TO ADMIT SECONDARY EVIDENCE
a. The due execution of the original;
b. Loss, destruction or unavailability of all such originals;
c. Reasonable diligence and good faith in the search for or attempt to produce the
original.
THE DUE EXECUTION CAN BE PROVED THROUGH THE TESTIMONY OF
EITHER:
1. The person who executed it;
2. The person before whom its execution was acknowledged;
3. Any person who was present and saw it executed and delivered or who
thereafter saw it and recognized the signatures, or one to whom the parties
thereto had previously confessed the execution thereof..
c. Parol Evidence Rule
EVIDENCE OF WRITTEN AGREEMENTS
GENERAL RULE: When the terms of an agreement have been reduced to writing, it
is to be considered as containing all the terms agreed upon and there can be,
between the parties and their successors in interest, no evidence of such terms
other than the contents of the written agreement.
EXCEPTION: A party may present evidence to modify, explain or add to the terms
of the written agreement if he puts in issue in his pleading any of the following:
1. An intrinsic ambiguity, mistake or imperfection in the written agreement;
2. The failure of the written agreement to express the true intent and
agreement of the parties thereto;
3. The validity of the written agreement; or
4. The existence of other terms agreed to by the parties or their successors in
interest after the execution of the written agreement.
PAROL EVIDENCE any evidence aliunde, whether oral or written, which is
intended or tends to vary or contradict a complete and enforceable agreement
embodied in a document.
1. Where the collateral agreement is not inconsistent with the terms of the written
contract;
2. Where the collateral agreement has not been integrated in and is independent
of the written contract as where it is suppletory to the original contract;
3. Where the collateral agreement is subsequent to or nugatory of the written
contract; and
4. Where the collateral agreement constitutes a condition precedent which
determines whether the written contract may become operative or effective, but
this exception shall not apply to a condition subsequent not stated in the
agreement.

31

COLLEGE OF LAW
E. Testimonial Evidence - or oral evidence is evidence elicited from the mouth of

a witness as distinguished from real and documentary evidence. It is sometimes
called viva voce or by word of mouth. The person who gives the testimony is called
a witness.
a. COMPETENCY OF A WITNESS
is the legal fitness or ability of a witness to be heard on the
trial of a cause.
GENERAL RULE: When a witness takes the stand to testify, the law, on grounds of
public policy, presumes that he is competent. The court cannot reject the witness if
there is no proof of his incompetency.
B. DISQUALIFICATION BY REASON OF MARRIAGE
WHEN RULE APPLICABLE
The rule applies to any form of testimony; therefore it protects against using the
spouse-witnesss admission or against compelling him to produce documents.
Purpose: To obviate perjury and to prevent domestic disunity and unhappiness.
Who May Object: Only the spouse-party and not the other spouse who is offered
as a witness.
Requisites:
1. That the spouse for or against whom the testimony is offered is a party to the
case;
2. That the spouse are legally married (valid until annulled);
3. Testimony is offered during the existence of marriage; and
4. The case is not one of the exceptions provided in the rule.
EXCEPTIONS: The rule on disqualification DOES NOT APPLY in the following:
1. Where the testimony was made outside the marriage;
2. In a civil case by one spouse against the other;
3. In a criminal case for a crime committed by one spouse against the other or
the latters direct descendants or ascendants;
o The disqualification does not apply where an offense directly attacks or
directly and vitally impairs the conjugal relations.
It does not also apply in the case of estranged spouses, where the marital
and domestic relations are so strained that there is no more harmony to
be preserved nor peace and tranquillity which may be disturbed (Alvarez
vs. Ramirez, 473 SCRA 72, October 14, 2005 citing People vs. Castaneds,
271 SCRA 504).
4. Where the spouse-party gives his/her consent;
5. Where the spouse-party fails to raise the disqualification seasonably.
REASON FOR THE EXCEPTION
The identity of the interest of person disappears and the consequent danger of
perjury based on that identity is non-existent. And in such a situation, the security
and confidence of private life which the law aims at protecting will be nothing but
ideals which, through their absence, merely leave a void in the unhappy home.

32

COLLEGE OF LAW
C. DISQUALIFICATION BY REASON OF DEATH OR INSANITY OF

ADVERSE PARTY
This section is called THE SURVIVORSHIP DISQUALIFICATION RULE OR DEAD
MANS STATUTE.
It constitutes only a partial disqualification as the witness is not completely
disqualified but is only prohibited from testifying on the matters therein specified,
unlike the marital disqualification rule which is complete and absolute
disqualification.
D. DISQUALIFICATION BY REASON OF PRIVILEGED COMMUNICATION
THE FOLLOWING PERSONS CANNOT TESTIFY AS TO MATTERS LEARNED IN
CONFIDENCE IN THE FF CASES:
1.
The husband or the wife, during or after the marriage, cannot be
examined without the consent of the other as to any communication received in
confidence by one from the other during the marriage except in a civil case by
one against the other, or in a criminal case for a crime committed by one against
the other or the latters direct descendants or ascendants
2.
An attorney cannot, without the consent of his client, be examined as to any
communication made by the client to him, or his advice given thereon in the
course of, or with a view to, professional employment, nor can an attorneys
secretary, stenographer, or clerk be examined, without the consent of the client
and his employer, concerning any fact the knowledge of which has been
acquired in such capacity.
3.
A person authorized to practice medicine, surgery or obstetrics
cannot in a civil case, without the consent of the patient, be examined as to any
evidence or treatment given by him or any information which he may have
acquired in attending such patient in a professional capacity, which information
was necessary to enable him to act in that capacity, and which would blacken
the reputation of the patient.
4.
A minister or priest cannot, without the consent of the person making the
confession, be examined as to any confession made to or any advice given by
him in his professional character in the course of discipline enjoined by the
church to which the minister or priest belongs.
5.
A public officer cannot be examined during his term of office or afterwards,
as to communications made to him in official confidence, when the court finds
that the public interest would suffer by the disclosure.
a.
Marital Privilege
1. There was a valid marital relation;

2. The privilege is invoked with respect to a confidential communication between
the spouses during said marriage;
3. The spouse against whom such evidence is being offered has not given his or her
consent to such testimony.
EXCEPTIONS:
1. That the case in which the husband or the wife is called to be examined is not a
civil case instituted by one against the other;
2. That it is not a criminal case for a crime committed by one against the other.

33

COLLEGE OF LAW
DISQUALIFICATION BY REASON
OF MARRIAGE
MARITAL PRIVILEGE
Can be invoked only if one of the

spouses is a party to the action,
Can be claimed whether or not the

spouse is a party to the action.
Applies only if the marriage is

existing at the time the testimony is
offered
Constitutes a total prohibition
against the spouse of the witness
Can be claimed even after the

marriage has been dissolved
b.
Applies only to confidential

communications between the spouse
Attorney-Client Privilege
REQUISITES:
1. There is an attorney and client relation;
2. The privilege is invoked with respect to a confidential communication between
them in the course of professional employment; and
3. The client has not given his consent to the attorneys testimony.
c. Physician-Patient Privilege
REQUISITES:
1. The physician is authorized to practice medicine, surgery, or obstetrics;
2. The information was acquired or the advice or treatment was given by him in his
professional capacity for the purpose of treating and curing the patient;
3. The information is confidential.
4. The information, advice or treatment, if revealed, would blacken the reputation
of the patient; and
5. The privilege is invoked in a civil case, whether patient is a party or not.
d. Privileged communications to Minister or Priest and Penitent
REQUISITES:
1. That the same were made pursuant to a religious duty enjoined in the course of
discipline of the sect or denomination to which they belong; and
2. Must be confidential and penitential in character. Example: under seal of the
confessional
d. Privileged communications to Public Officers
REQUISITES:
1. The holder of the privilege is the government acting through a public officer.
2. That it was made to the public officer in official confidence;
3. The communication was given during the term of office of the public officer but
the privilege may be invoked not only during the term of office of the public
officer but also after.
4. That public interest would suffer by the disclosure of such communication, as in
the case of State secrets.

34

COLLEGE OF LAW
e. SECTION 25. PARENTAL AND FILIAL PRIVILEGE

No person may be compelled to testify against his parents, other direct ascendants,
children or other direct ascendants. It was not correctly a rule of disqualification, as
the descendant was not incompetent or disqualified to testify against his
ascendants, but was actually a privilege to testify, hence it was referred to as filial
privilege.
F. Admissions and Confessions
a. Res Inter Alios Acta Rule
This section refers to the first branch of the rule of RES INTER ALIOS ACTA
ALTERI NOCERE NON DEBET. It is corollary known as the second branch of the
rule, is found in Section 34 of Rule 130.
EXCEPTIONS:
1. Third person is a partner, agent, joint owner, joint debtor or has a joint interest
with the party (Section 29);
2. Co-conspirator (Section 30);
3. Privy of the party (Section 31).
.
G.
HEARSAY RULE
Any evidence, whether oral or documentary is hearsay if its probative value is not
based on the personal knowledge of the witness but on the knowledge of some
other person not on the witness stand
A witness can testify only to those facts which he knows of his personal knowledge,
that is which are derived from his own perception except as otherwise provided in
these rules. Hearsay includes all assertions which have not been subject to
opportunity for cross examination by the adversary at the trial in which they are
being offered against him.
It covers written or oral statements, Its probative value depends, in whole or in part,
on the competency and credibility of some persons other than the witness by whom
it sought to produce it. (Estrada v. Desierto, 356SCRA108)
Double Hearsay are those which are derived from another who also has no
personal knowledge of the matters testified to. (e.g. Newspaper articles)
SECTION 37. DYING DECLARATION.- The ante mortem statements made by a
person after the mortal wound has been inflicted under the belief that the death is
certain, stating the fact concerning the cause of and the circumstances surrounding
the attack.
REQUISITES:
1. That the death is imminent and the declarant is conscious of such fact;
2. That the declaration refers to the cause and the surrounding circumstances of
such death

35

COLLEGE OF LAW
3. That the declaration refers to the facts which the victim is competent to testify
to;
4. That the declaration is offered in a case wherein the declarants death is subject
of the inquiry (the victim necessarily must have died);
5. That the statement must be complete in itself. (People v. De Joya, 203 SCRA
343).
6. The declarant should have died.
SECTION 38. DECLARATION AGAINST INTEREST
DECLARATION
AGAINST INTEREST
Exception to the hearsay rule
admissible
Secondary evidence and admissible
only if the declarant is already dead
or unavailable to testify
The fact asserted in the declaration
must have been at the time it was
made so far contrary to the
declarants own interest.
ADMISSIONS
Covered by the hearsay rule
Primary evidence and admissible
even if the declarant is available as
a witness
Need
not be considered by the
declarant as opposed to his interest
at the time when made, it is enough
if it is inconsistent with his present
claim and defenses.
REQUISITES:
1. That the declarant is dead and unable to testify;
2. That it relates to facts against the interest of the declarant;
3. That at the time he made the said declaration the declarant was aware that the
same was contrary to his aforesaid interest; and
4. That the declarant had no motive to falsify and he believed such actual declarant
to be true.
SECTION 39. ACT OR DECLARATION ABOUT PEDIGREE.
PEDIGREE includes relationship, family geneology, birth, marriage , death, the
dates when and the places where these facts occurred and the names of the
relatives. It also embraces facts or family history intimately connected with
pedigree. (Rule 130, Sec 39)
It is the history of family descent which is transmitted from one generation to
another by both oral and written declarations and by traditions. (Francisco, 1997)
REQUISITES:
1. The actor or declarant is dead or unable to testify.
2. The act or declaration is made by a person related to the subject by birth or
marriage.
3. The relationship between the declarant or the actor and the subject is shown by
evidence other
than such act or declaration and
4. The act or declaration was made ante litem
motam or prior to the controversy.

36

COLLEGE OF LAW
SECTION 40. FAMILY REPUTATION OR TRADITION.

SECTION 39
Act or declaration against pedigree
SECTION 40
Family reputation or tradition
regarding pedigree
Witness need not be a member of the

family
Testimony is about what declarant,
who is dead or unable to testify, said
concerning the pedigree of the
declarants family
Witness is a member of the family
Relation of the declarant and the

person subject of the inquiry must be
established by independent evidence.
Testimony is about family reputation

or tradition covering matters of
pedigree.
The witness is himself the one to
whom the fact relates, it is not
necessary for him to establish by
independent
evidence
his
relationship to the family.
SECTION 41. COMMON REPUTATION.

1. matters of public interest more than 30 years old;
2. matters of general interest more than 30 years old;
3. matters respecting marriage or moral character and related facts;
4. Individual moral character.
RES GESTAE literally means things done; it includes circumstances, facts, and
declarations incidental to the main facts or transaction necessary to illustrate its
character and also includes acts, words, or declarations which are closely connected
therewith as to constitute part of the transaction.
RES GESTAE IN CONNECTION
DYING DECLARATIONS
WITH A HOMICIDAL ACT
May be made by the killer himself
after or during the killing OR that of
a 3rd person
May precede or be made after the
homicidal attack was committed
Justification in the spontaneity of the
statement
Can be made only by the victim
Made only after the homicidal attack

has been committed
Trustworthiness based upon in its
being given in awareness of
impending death
SECTION 43. ENTRIES IN THE COURSE OF BUSINESS

REQUISITES:
1. That the entrant made the entry in his professional capacity or in the
performance of a duty;
2. The entry was made in the ordinary course of business or entry;

37

COLLEGE OF LAW
3. The entries must have been made at or near the time of the transaction to which
they relate;
4. The entrant must have been in a position to know the facts stated in the entries;
and
5. The entrant must be deceased or unable to testify.
SECTION 44. ENTRIES IN OFFICIAL RECORDS
REQUISITES:
1. That it was made by a public officer or by another person specially enjoined by
the law to do so;
2. That it was made by any a public officer in the performance of his duty specially
enjoined by law; and
3. The public officer or the other person has sufficient knowledge of the facts by
him stated which must have been acquired by him personally or through official
information.
ENTRIES IN THE
COURSE OF BUSINESS
ENTRIES IN
OFFICIAL RECORDS
The person who made the entries

must be dead or unable to testify.
There is no such requirement.
Needs authentication
Best evidence applies
Need not be authenticated

Exception
best
evidence
(irrevocability of public records)
The entries are made pursuant to a

duty, legal, contractual, moral or
religious.
The entrant is a public officer, or if a

private individual must have acted
pursuant to a specific legal duty.
rule
SECTION 45. COMMERCIAL LIST AND THE LIKE

REQUISITES:
1. Statements of matters of interest to persons engaged in an occupation;
2. The statements must be contained in a list, register, periodical or other
published compilation;
3. The compilation was published for use by persons engaged in that occupation;
and
4. Is generally relied upon by them.
SECTION 46. LEARNED TREATISES
In order that a published treatise, periodical, or pamphlet on a subject of law,
history, science, or art may be admissible, it is necessary either:
1. That the court can take judicial notice of it; or
2. A witness expert on the subject testifies that the writer of the statement in the
treatise, periodical, or pamphlet is recognized in his profession or calling as
expert in the subject.
SECTION 47. TESTIMONY OR DEPOSITION AT A FORMER PROCEEDING
REQUISITES:

38

COLLEGE OF LAW
1. The testimony or depositions of a witness deceased or unable to testify;

2. The testimony was given in a former case or proceeding, judicial or
administrative;
3. Involving the same parties;
4. Relating to the subject matter; and
5. The adverse party having had an opportunity to cross-examine him.
DOCTRINE OF INDEPENDENTLY RELEVANT STATEMENT
The witness may testify to the statements made by a person, if for instance, the
fact that such statements were made by the latter would indicate the latters
mental state and physical condition.
Independent of whether the facts stated are true or not, they are relevant since
they are the facts in issue or are circumstantial evidence of the facts in issue.
INDEPENDENTLY RELATIVE STATEMENTS
An out of court declaration which while having certain characteristics of hearsay
evidence, is not actually hearsay but is original evidence.
These are statements which are relevant independently whether they are true or
not. It is also called the apparent hearsay.
A declarant assertion based on the say-so of another is hearsay only if offered to
prove the truth of the assertion. If the assertion were offered to prove something
else, say its tenor merely, then it is not hearsay and is a direct unattributed
assertion for that purpose i.e. to prove the fact that the assertion was made and
NOT the truth of the assertion, (Bautista, 2007)
RULES ON ELECTRONIC EVIDENCE
August 1, 2001
Q. When is electronic evidence regarded as being the equivalent of an
original document under the Best Evidence Rule? (Bar Question 2003) An
electronic document shall be regarded as the equivalent of an original document
under the Best Evidence Rule if it is a printout or output readable by sight or other
means, shown to reflect the data accurately.
OPINION RULE
OPINION an inference or conclusion drawn from facts observed.
GENERAL RULE: Witnesses must give the facts and not their inference,
conclusions, or opinions.
EXCEPTIONS:
1. On a matter requiring SPECIAL knowledge, skill, experience or training which he
is shown to possess (Section 49);
2. The identity of a person about whom he has adequate knowledge (Section
50[a]);
3. A handwriting with which he has sufficient familiarity (Section 50 [b]);
4. The mental sanity of a person with whom he is sufficiently acquainted (Section
50[c]);
5. The witness impressions of the emotion, behavior, condition, or appearance of a
person (Section 50[d]).

39

COLLEGE OF LAW
RULE ON DNA EVIDENCE

A.M. No. 11-5-SC
Effective October 15, 2007
Biological Sample any organic material originating from a persons body, even if
found in inanimate objects, that is susceptible to DNA testing. This includes blood,
saliva, and other body fluids, tissues, hairs and bones.
DNA (Deoxyribonucleic Acid) the chain of molecules found in every nucleated
cell of the body. The totality of an individuals DNA is unique for the individual,
except identical twins.
DNA Evidence constitutes the totality of the DNA profiles, results and other
genetic information directly generated from DNA testing of biological samples.
DNA Testing verified and credible scientific methods which include the extraction
of DNA from biological samples, the generation of DNA profiles and the comparison
of the information obtained from the DNA testing of biological samples for the
purpose of determining , with reasonable certainty, whether or not the DNA
obtained from two or more distinct biological samples originates from the same
person (direct identification) or if the biological samples originate from related
persons (kinship analysis).
RULE 133 - WEIGHT AND SUFFICIENCY OF EVIDENCE
Weight of Evidence is the probative value or credit that the court gives to
particular evidence admitted to prove a fact in issue. Admissibility of evidence and
its weight are different.
The admissibility of evidence depends on its relevance and competence, while
the weight of evidence pertains to evidence already admitted and its tendency to
convince and persuade (Agpalo, p.388).
Direct Evidence
Circumstantial
HIERARCHY OF EVIDENCE
Evidence
1. Proof beyond reasonable doubt
2. Circumstantial Evidence to sustain Establishes
the Does not prove
conviction
existence of a fact the existence of a
3. Clear and convincing evidence
in issue without fact
in
issue
4. Preponderance of evidence
the aid of any directly,
but
5. Substantial eviden
inference
or merely
provides
presumption.
for
logical
inference
that
SECTION
3.
EXTRAJUDICIAL
such fact really
CONFESSION, NOT SUFFICIENT GROUND
exists.
FOR CONVICTION
An extrajudicial confession is not sufficient The
witnesses Each
proof
is
ground for conviction UNLESS corroborated testify directly of given of facts and
by evidence of corpus delicti.
their
own circumstances
knowledge as to from which the
CORPUS DELICTI is the actual commission the main facts to court may infer
by someone of the particular crime charged.
be proved.
other
connected
TWO ELEMENTS:
.
facts
which
reasonably follow,
according to the
common
experience
of
40
mankind.

COLLEGE OF LAW
1. That a certain result has been proved;

2. That someone is criminally responsible for the act.
KATARUNGAN PAMBARANGAY LAW (RA 7160)

Objectives to reduce the number of court litigations and prevent the
deterioration of the quality of justice which has been brought by the indiscriminate
filing of cases in the courts.
Parties residing in the same city or municipality are bound to submit their disputes
to the Lupon for conciliation/amicable settlement.
EXCEPTIONS:
a. Where one party is the government or any subdivision or

instrumentality thereof;
b. Where one party is a public officer or employee, and the dispute
relates to the performance of his official functions;
c. Offenses punishable by imprisonment exceeding one (1) year or
a fine exceeding Five Thousand pesos (P5, 000.00);
d. Offenses where there is no private offended party;
e. Where the dispute involves real properties located in different
cities or municipalities, unless the parties thereto agree to
submit their differences to amicable settlement by an
appropriate lupon;
f. Disputes involving parties who actually reside in barangays of
different cities or municipalities, except where such barangay
units adjoin each other and the parties thereto to submit their
differences to amicable settlement by an appropriate lupon;
g. Such other classes of disputes which the President may
determine in the interest or upon the recommendation of the
Secretary of Justice.
SMALL CLAIMS
SCOPE The rule shall apply in all action before the MTC/MCTC for payment of
money where the value of the claim does not exceed P100, 000.00, exclusive of
interest and cost (Sec 2 of the Rule)
EFFECT OF NON-PAYMENT OF DOCKET FEES:
a. The case shall be dismissed without prejudice.

b. The remedy of the plaintiff would be to re-file the case.
GROUNDS FOR THE DISMISSAL OF THE SMALL CLAIM CASES MOTU PROPIO:
a. Lack of jurisdiction over the subject matter of the case;
b. Litis pendentia;
c. Res judicata;

41

COLLEGE OF LAW
d. Prescription.
EFFECT OF FAILURE OF THE PARTIES TO APPEAR:
a. On the part of the plaintiff: Dismissal of the claim without prejudice, and the
defendant who appeared shall be entitled to judgment on a permissive
counterclaim.
Remedy: Refile the case.
b. On the part of the defendant: It shall have the effect of as failure to file a
Response, and the court, by itself render judgment based on the facts alleged in the
Statement of Claims but only limited to what is prayed for therein.
c. On both parties: Dismissal of both the claim and counterclaim with prejudice.
A.M. No. 12-8-8-SC

JUDICIAL AFFIDAVIT RULE
Contents of judicial Affidavit. - A judicial affidavit shall be prepared in the
language known to the witness and, if not in English or Filipino accompanied by a
translation in English or Filipino, and shall contain the following:
(a) The name, age, residence or business address, and occupation of the witness;
(b) The name and address of the lawyer who conducts or supervises the
examination of the witness and the place where the examination is being held;
(c) A statement that the witness is answering the questions asked of him, fully
conscious that he does so under oath, and that he may face criminal liability for
false testimony or perjury;
(d) Questions asked of the witness and his corresponding answers, consecutively
numbered, that:
(1) Show the circumstances under which the witness acquired the facts upon
which he testifies;
(2) Elicit from him those facts which are relevant to the issues that the case
presents; and
(3) Identify the attached docun1entary and object evidence and establish
their authenticity in accordance with the Rules of Court;
(e) The signature of the witness over his printed name; and
(f) A jurat with the signature of the notary public who administers the oath or
an officer who is authorized by law to adn1inister the same.
Sworn attestation of the lawyer. - (a) The judicial affidavit shall contain a sworn
attestation at the end, executed by the lawyer who conducted or supervised the
examination of the witness, to the effect that:
(1) He faithfully recorded or caused to be recorded the questions he asked and the
corresponding answers that the witness gave; and
(2) Neither he nor any other person then present or assisting him coached the
witness regarding the latter's answers.
(b) A false attestation shall subject the lawyer
mentioned to disciplinary action, including disbarment
A.M. No. 11-9-4-SC

42

COLLEGE OF LAW
EFFICIENT USE OF PAPER RULE

Format and Style. - All pleadings, motions, and similar papers intended for
the court and quasi-judicial body's consideration and action (court-bound papers)
shall be written in single space with a one and-a-half space between paragraphs,
using an easily readable font style of the party's choice, of 14-size font, and on a 13inch by 8.5-inch white bond paper;
Margins and Prints. - The parties shall maintain the following margins on all
court-bound papers: a left hand margin of 1.5 inches from the edge; an upper
margin of 1.2 inches from the edge; a right hand margin of 1.0 inch from the edge;
and a lower margin of 1.0 inch from the edge. Every page must be consecutively
numbered.
A.M. No. 09-6-8-SC

Rules of Procedure for Environmental Cases
Scope and applicability of the Rule
(1) These Rules shall govern the procedure in civil, criminal and special civil
actions before the Regional Trial Courts, Metropolitan Trial Courts, Municipal
Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts
involving enforcement or violations of environmental and other related laws,
rules and regulations such as but not limited to the following:
(a)
Act 3572, Prohibition Against Cutting of Tindalo, Akli, and Molave Trees;
(b)
PD 705, Revised Forestry Code;
(c)
PD 856, Sanitation Code;
(d)
PD 979, Marine Pollution Decree;
(e)
PD 1067, Water Code;
(f)
PD1151, Philippine Environmental Policy of 1977;
(g)
PD 1433, Plant Quarantine Law of 1978;
(h)
PD 1586, Establishing an Environmental Impact Statement System
Including Other Environmental Management Related Measures and for
Other Purposes;
(i)
RA 3571, Prohibition Against the Cutting, Destroying or Injuring of
Planted or Growing Trees, Flowering Plants and Shrubs or Plants of
Scenic Value along Public Roads, in Plazas, Parks, School Premises or in
any Other Public Ground;
(j)
RA 4850, Laguna Lake Development Authority Act;
(k)
RA 6969, Toxic Substances and Hazardous Waste Act;
(l)
RA 7076, Peoples Small-Scale Mining Act;
(m) RA 7586, National Integrated Protected Areas System Act including all
laws, decrees, orders, proclamations and issuances establishing
protected areas;
(n)
RA 7611, Strategic Environmental Plan for Palawan Act;
(o)
RA 7942, Philippine Mining Act;

43

COLLEGE OF LAW
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(cc)
(dd)
(ee)
(ff)
(gg)
(hh)
(ii)
(jj)
RA 8371, Indigenous Peoples Rights Act;

RA 8550, Philippine Fisheries Code;
RA 8749, Clean Air Act;
RA 9003, Ecological Solid Waste Management Act;
RA 9072, National Caves and Cave Resource Management Act;
RA 9147, Wildlife Conservation and Protection Act;
RA 9175, Chainsaw Act;
RA 9275, Clean Water Act;
RA 9483, Oil Spill Compensation Act of 2007; and
Provisions in CA 141, The Public Land Act;
R.A. No. 6657, Comprehensive Agrarian Reform Law of 1988;
RA 7160, Local Government Code of 1991;
RA 7161, Tax Laws Incorporated in the Revised Forestry Code and Other
Environmental Laws (Amending the NIRC);
RA 7308, Seed Industry Development Act of 1992;
RA 7900, High-Value Crops Development Act;
RA 8048, Coconut Preservation Act;
RA 8435, Agriculture and Fisheries Modernization Act of 1997;
RA 9522, The Philippine Archipelagic Baselines Law;
RA 9593, Renewable Energy Act of 2008;
RA 9637, Philippine Biofuels Act; and
Other existing laws that relate to the conservation, development,
preservation, protection and utilization of the environment and natural
resources.
Continuing mandamus is a writ issued by a court in an environmental case

directing any agency or instrumentality of the government or officer thereof to
perform an act or series of acts decreed by final judgment which shall remain
effective until judgment is fully satisfied.
Strategic lawsuit against public participation (SLAPP), a.k.a. SLAPP Suit
refers to an action whether civil, criminal or administrative, brought against any
person, institution or any government agency or local government unit or its
officials and employees, with the intent to harass, vex, exert undue pressure or
stifle any legal recourse that such person, institution or government agency has
taken or may take in the enforcement of environmental laws, protection of the
environment or assertion of environmental rights.
Pleadings and motions allowed. The pleadings and motions that may be filed
are:
a. Complaint;
b. Answer, which may include:
i. Compulsory counterclaim; and
ii. cross-claim
c. Motion for intervention;
d. Motion for discovery; and
e. Motion for reconsideration of the judgment.

44

COLLEGE OF LAW
Motion for postponement, motion for new trial and petition for relief from judgment
shall be allowed in highly meritorious cases or to prevent a manifest miscarriage of
justice.
Prohibited pleadings or motions. The following pleadings or motions shall not
be allowed:
(a) Motion to dismiss the complaint;
(b) Motion for a bill of particulars;
(c) Motion for extension of time to file pleadings, except to file answer, the
extension not to exceed fifteen (15) days;
(d) Motion to declare the defendant in default;
(e) Reply and rejoinder; and
(f) Third party complaint.
Citizen suit. Any Filipino citizen in representation of others, including minors or
generations yet unborn, may file an action to enforce rights or obligations under
environmental laws.
Payment of filing and other legal fees. The payment of filing and other legal
fees by the plaintiff shall be deferred until after judgment unless the plaintiff is
allowed to litigate as an indigent. It shall constitute a first lien on the judgment
award.
Prohibition against Temporary Restraining Order and Preliminary
Injunction (Sec. 10, Part 2, Rule 2)
- Except the Supreme Court, no court can issue a TRO or writ of preliminary
injunction against lawful actions of government agencies that
enforce environmental laws or prevent violations thereof (Sec. 10, Part 2,
Rule 2).
-
In the absence of evidence overcoming this presumption of regularity, no

court can issue a TRO or injunctive writ. It is only the SC which can issue
a TRO or an injunctive writ in exceptional cases.
Effect of failure to appear at pre-trial. The court shall not dismiss the
complaint, except upon repeated and unjustified failure of the plaintiff to appear.
The dismissal shall be without prejudice, and the court may proceed with the
counterclaim.
- If the defendant fails to appear at the pre-trial, the court shall receive
evidence ex parte.
Judgment not stayed by appeal. Any judgment directing the performance of
acts for the protection, preservation or rehabilitation of the environment shall be
executory pending appeal unless restrained by the appellate court.
Republic Act 9285
Alternative Dispute Resolution Act (ADR Act)

45

COLLEGE OF LAW
Exception to the Application of the ADR Act. The provisions hereof shall not
apply to the resolution or settlement of the following:
(a) labor disputes covered by Presidential Decree No. 442, otherwise known
as the "Labor Code of the Philippines, as amended", and its Implementing
Rules and Regulations;
(b) the civil status of persons;
(c) the validity of marriage;
(d) any ground for legal separation;
(e) the jurisdiction of courts;
(f) future legitime;
(g) criminal liability;
(h) those disputes which by law cannot be compromised; and
(i) disputes referred to court-annexed mediation.
Arbitration means a voluntary dispute resolution process in which one or more
arbitrators, appointed in accordance with the agreement of the parties or these
Rules, resolve a dispute by rendering an award.
Scope of Application. These Rules apply to voluntary mediation, whether ad hoc
or institutional, other than court-annexed mediation and only in default of an
agreement of the parties on the applicable rules. These Rules shall also apply to all
cases pending before an administrative or quasi-judicial agency that is
subsequently agreed upon by the parties to be referred to mediation.
INTERNATIONAL COMMERCIAL ARBITRATION
Recognition and Enforcement.
(a) A foreign arbitral award shall be recognized as binding and, upon petition
in writing to the Regional Trial Court, shall be enforced subject to the
provisions hereof;
(b) The petition for recognition and enforcement of such arbitral awards shall
be filed with the Regional Trial Court in accordance with the Special ADR
Rules.
i.
Convention Award - The New York Convention shall govern the

recognition and enforcement of arbitral awards covered by said
Convention. The petitioner shall establish that the country in which
the foreign arbitration award was made is a party to the New York
Convention.
ii.
Non-Convention Award - The recognition and enforcement of

foreign arbitral awards not covered by the New York Convention
shall be done in accordance with procedural rules to be
promulgated by the Supreme Court. The court may, on grounds of
comity and reciprocity, recognize and enforce a non-convention
award as a convention award.

46

COLLEGE OF LAW
(c) The party relying on an award or applying for its enforcement shall file
with the Regional Trial Court the original or duly authenticated copy of the
award and the original arbitration agreement or a duly authenticated copy
thereof. If the award or agreement is not made in an official language of
the Philippines, the party shall supply a duly certified translation thereof
into such language.
(d)A foreign arbitral award when confirmed by a court of a foreign
country, shall be recognized and enforced as a foreign arbitral
award and not as a judgment of a foreign court.
(e)A foreign arbitral award when confirmed by the Regional Trial
Court shall be enforced in the same manner as final and
executory decisions of courts of law of the Philippines.
(f) If the Regional Trial Court has recognized the arbitral award but an
application for (rejection and/or) suspension of enforcement of that award
is subsequently made, the Regional Trial Court may, if it considers the
application to be proper, vacate or suspend the decision to enforce that
award and may also, on the application of the party claiming recognition
or enforcement of that award, order the other party seeking rejection or
suspension to provide appropriate security.
Domestic Arbitration
Judgment. Upon the grant of an order confirming, modifying or correcting
an award, judgment may be entered in conformity therewith in the court
where said application was filed. Costs of the application and the
proceedings subsequent thereto may be awarded by the court in its
discretion. If awarded, the amount thereof must be included in the judgment.
Judgment will be enforced like court judgments.
Appeal. A decision of the court confirming, vacating, setting aside,
modifying or correcting an arbitral award may be appealed to the Court of
Appeals in accordance with Special ADR Rules.
The losing party who appeals from the judgment of the Court confirming an
arbitral award shall be required by the Court of Appeals to post a counterbond executed in favor of the prevailing party equal to the amount of the
award in accordance with the Special ADR Rules.
Mediation-Arbitration
(a) A Mediation-Arbitration shall be governed by the rules and
procedure agreed upon by the parties. In the absence of said
agreement, rules on Mediation shall first apply and thereafter, rules
on Domestic Arbitration.

47

COLLEGE OF LAW
(b) No person shall, having been engaged and having acted as

mediator of a dispute between the parties, following a failed
mediation, act as arbitrator of the same dispute, unless the parties,
in a written agreement, expressly authorize the mediator to hear
and decide the case as an arbitrator.
(c) The mediator who becomes an arbitrator pursuant to this Rule shall
make an appropriate disclosure to the parties as if the arbitration
proceeding had commenced and will proceed as a new dispute
resolution process, and shall, before entering upon his/her duties,
execute the appropriate oath or affirmation of office as arbitrator in
accordance with these Rules

48

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1. By specifically denying the averment and, whenever practicable, setting

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he has a meritorious defense (Sec. 3[b] of Rule 9 ); and if reconsideration

G. When to File Responsive Pleading

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b.) If it has no resident agent, but it has an agent or officer in the

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An action cannot be dismissed on the ground that the complaint is vague or

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3. Rule on Summary Procedure (Section 4, 1991 Revised Rule on Summary

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3. The necessity or desirability of AMENDMENTS TO THE PLEADINGS;

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N. Judgment on the Pleadings

Uniform procedure for relief from judgments of MTC and RTC

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GENERAL RULE: No preliminary injunction shall be granted without hearing

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SPECIAL CIVIL ACTIONS

Entity or person is alleged to

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Covers discretionary and

C. Writ of Certiorari- It is a writ issued by a superior court to an inferior court,

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- Governed by Act 3135

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Right of the defendant mortgagor to

Right of the debtor, his successor in

I. Partition- The process of dividing and assigning property owned in common

THREE KINDS OF ACTION FOR RECOVERY OF POSSESSION

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Summary action for

A plenary action for

An action for the recovery

RTC if value of property

If resident place where deceased resided at time of death

If non-resident place where deceased had estate

NOTE: MTC jurisdiction is exclusive of interest, damages of whatever

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Bond filed is required only when personal property is involved. If real, it

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Administration extends only to the assets of a decedent found within

Must present will to the court within 20

Testator may provide that he may serve

Must always post bond

Governed by Rule 85, Sec. 7

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