Lasallian Law Notes: Remedial Law

DE LA SALLE UNIVERSITY COLLEGE OF LAW
Lasallian Commission on Bar Operations 2018
REMEDIAL LAW
Green Notes
Chel Sy Tet Valeza Mela Wenceslao
LCBO Chairperson Academic Affairs Remedial Law Chairperson
Chairperson
Nico Garcia Mike Uy
LCBO Vice Chair for Janine Tutanes Remedial Law Deputy
Internals Rod Zantua Chairperson
Academic Affairs Deputy
Steph Griar Chairpersons Celine Carpio
LCBO Vice Chair for Civil Procedure Subject Head
Externals
Khristel Calantoc
Pat Costales Criminal Procedure Subject
LCBO Executive Secretary Head
Ces Naga Jasfer Tagacay

LCBO Executive Treasurer Special Proceedings Subject
Head
Inno Loreto
Special Civil Actions Subject
Head
Karen Olivete
Evidence Subject Head
Remedial Law
SHARIAH COURTS ........................................ 6

JURISDICTION OVER THE PARTIES............ 7
Table of Contents HOW JURISDICTION OVER THE

PLAINTIFF IS ACQUIRED ............................. 7
CONCEPT OF REMEDIAL LAW HOW JURISDICTION OVER THE
DEFENDANT IS ACQUIRED ......................... 7
......................................................... 1
JURISDICTION OVER THE SUBJECT
SUBSTANTIVE LAW DISTINGUISHED MATTER .............................................................. 7
FROM REMEDIAL LAW....................................1
MEANING OF JURISDICTION OVER THE
RULE MAKING POWER OF THE SUPREME SUBJECT MATTER.......................................... 7
COURT .................................................................1 JURISDICTION VERSUS THE EXERCISE OF
LIMITATIONS ON THE RULE-MAKING JURISDICTION................................................ 7
POWER OF THE SUPREME COURT..............2 ERROR OF JURISDICTION AS
POWER OF THE SUPREME COURT TO DISTINGUISHED FROM ERROR OF
AMEND AND SUSPEND PROCEDURAL JUDGMENT ..................................................... 7
RULES...............................................................2 HOW JURISDICTION IS CONFERRED AND
DETERMINED................................................. 8
NATURE OF PHILIPPINE COURTS ................2 OBJECTIONS TO JURISDICTION OVER THE
MEANING OF A COURT................................2 SUBJECT MATTER.......................................... 8
COURT AS DISTINGUISHED FROM A EFFECT OF ESTOPPEL ON OBJECTION TO
JUDGE ..........................................................2 JURISDICTION................................................ 9
CLASSIFICATION OF COURTS.....................2 JURISDICTION OVER THE ISSUES............... 9
COURTS OF ORIGINAL VS. APPELLATE
JURISDICTION ............................................2 JURISDICTION OVER THE RES OR THE
COURTS OF GENERAL AND SPECIAL PROPERTY IN LITIGATION ........................... 9
JURISDICTION ............................................2 JURISDICTION OVER CASES COVERED BY
CONSTITUTIONAL AND STATUTORY THE REVISED RULES OF PROCEDURE FOR
COURTS .......................................................3 SMALL CLAIMS CASES, THE REVISES
COURTS OF LAW AND EQUITY...............3 RULES ON SUMMARY PROCEDURE, AND
PRINCIPLE OF JUDICIAL HIERARCHY.......3 BARANGAY CONCILIATION....................... 10
DOCTRINE OF NON-INTERFERENCE OR
JURISDICTION OVER SMALL CLAIMS
DOCTRINE OF JUDICIAL STABILITY ..........3
(A.M. NO. 08-9-7-SC)..................................... 10
GENERAL PRINCIPLES ON JURISDICTION3 JURISDICTION OVER CASES COVERED BY
THE REVISED RULES ON SUMMARY
DEFINITION OF JURISDICTION...............3
JUDICIAL POWER.......................................3 PROCEDURE................................................. 10
JURISDICTION OVER CASES COVERED BY
JUDICIAL REVIEW .....................................3
BARANGAY CONCILIATION .................... 11
DUTY OF A COURT TO DETERMINE ITS
JURISDICTION: ...........................................3 TOTALITY RULE.............................................. 12
JURISDICTION OF COURTS ...........................4 CIVIL PROCEDURE ................. 13
SUPREME COURT...........................................4 ACTIONS........................................................... 13
COURT OF APPEALS......................................4
SANDIGANBAYAN........................................5 MEANING OF ORDINARY CIVIL ACTIONS
REGIONAL TRIAL COURTS ..........................5 ........................................................................ 13
FAMILY COURTS ............................................6 MEANING OF SPECIAL CIVIL ACTIONS . 13
METROPOLITAN TRIAL COURTS, MEANING OF CRIMINAL ACITONS......... 13
MUNICIPALTRIAL COURTS IN CITIES, CIVIL ACTIONS VS.
MUNICIPAL TRIAL COURTS, MUNICIPAL SPECIALPROCEEDINGS ............................. 13
CIRCUIT TRIAL COURTS...............................6 LOCAL AND TRANSITORY ACTIONS ...... 14
Lasallian Commission on Bar Operations 2018 1

Remedial Law
ACTION IN REM, IN PERSONAM, AND CROSS-CLAIMS ........................................ 20

QUASI IN REM............................................... 14 THIRD (FOURT,ETC.) PARTY
INDEPENDENT CIVIL ACTION ................. 14 COMPLAINT ............................................. 20
COMPLAINT-IN-INTERVENTION ......... 20
CAUSE OF ACTION ......................................... 14
REPLY ........................................................ 21
MEANING OF CAUSE OF ACTION ............ 14 PLEADINGS ALLOWED UNDER THE 2016
RIGHT OF ACTIONS VERSUS CAUSE OF REVISED RULES OF PROCEDURE FOR
ACTION ......................................................... 15 SMALL CLAIMS CASES AND THE 1991
FAILURE TO STATE A CAUSE OF ACITON REVISED RULES ON SUMMARY
......................................................................... 15 PROCEDURE................................................. 21
TEST OF THE SUFFICIENCY OF A CAUSE PARTS OF A PLEADING .............................. 21
OF ACTION.................................................... 15 CAPTION ................................................... 21
SPLITTING A SINGLE CAUSE OF ACTION SIGNATURE AND ADDRESS.................. 21
AND ITS EFFECTS......................................... 15 VERIFICATION AND CERTIFICATION
JOINDER AND MISJOINDER OF CAUSES AGAINST FORUM-SHOPPIG .................. 21
OF ACTION.................................................... 15 EFFECT OF THE SIGNATURE OF
COUNSEL IN A PLEADING..................... 22
PARTIES TO CIVIL ACTIONS ....................... 16
ALLEGATIONS IN A PLEADING ............... 22
KINDS OF PARTIES: REAL PARTIES IN MANNER OF MAKING ALLEGATIONS. 22
INTEREST; INDISPENSABLE PARTIES; PLEADING AN ACTIONABLE
REPRESENTATIVE AS PARTIES; DOCUMENT ............................................. 22
NECESSARY PARTIES; INDIGENT PARTIES; SPECIFIC DENIALS .................................. 22
ALTERNATIVE DEFENDANTS................... 16 EFFECT OF FAILURE TO PLEAD ................ 23
REAL PARTIES IN INTEREST .................. 16 FAILURE TO PLEAD DEFENSES AND
INDESPENSABLE PARTIES ..................... 16 OBJECTIONS ............................................. 23
REPRESENTATIVE AS PARTIES ............. 16 FAILURE TO PLEAD A COMPULSORY
NECESSARY PARTIES.............................. 16 COUNTERCLAIM AND CROSS-CLAIM . 23
INDIGENT PARTIES ................................. 16 DEFAULT ...................................................... 23
ALTERNATIVE DEFENDANTS ............... 16 WHEN A DECLARATION OF DEFAULT IS
UNWILLING CO-PLAINTIFF ................... 16 PROPER ..................................................... 23
COMPULSORY AND PERMISSIVE JOINDER EFFECT OF AN ORDER OF DEFAULT ... 23
OF PARTIES ................................................... 16 RELIEF FROM AN ORDER OF DEFAULT
MISJOINDER AND NON-JOINDER OF .................................................................... 23
PARTIES ......................................................... 17 EFFECT OF PARTIAL DEFAULT ............. 24
EFFECT OF DEATH OF PARTY LITIGANT 17 EXTENT OF RELIEF TO BE AWARDED . 24
DISTINCTION BETWEEN REAL PARTY IN ACTIONS WHERE DEFAULT IS NOT
INTEREST AND LOCUS STANDI ................ 17 ALLOWED ................................................. 24
VENUE................................................................ 18 FILING AND SERVICE OF PLEADINGS,
VENUE VERSUS JURISDICTION................. 18 JUDGMENTS, FINAL ORDERS AND
RESOLUTIONS ................................................ 24
VENUE OF REAL ACTIONS ........................ 18
VENUE OF PERSONAL ACTIONS .............. 18 PAYMENT OF DOCKET FEES ..................... 24
VENUE OF ACTIONS AGAINST NON- FILING VERSUS SERVICE OF PLEADINGS
RESIDENTS .................................................... 18 ........................................................................ 24
WHEN THE RULES ON VENUE DO NOT PERIODS OF FILING PLEADINGS.............. 25
APPLY ............................................................ 18 MANNER OF FILING ................................... 26
EFFECTS OF STIPULATIONS ON VENUE . 18 MODES OF SERVICE .................................... 26
RULES ON PLEADINGS ................................. 19 PERSONAL SERVICE ............................... 26
SERVICE BY MAIL.................................... 26
KINDS OF PLEADINGS ................................ 19 SUBSTITUTED SERVICE ......................... 26
COMPLAINT ............................................. 19 SERVICE FOR FINAL JUDGMENTS,
ANSWER .................................................... 19 FINAL ORDERS OR RESOLUTIONS ...... 26
COUNTERCLAIMS ................................... 19

Remedial Law
PRIORITIES IN MODES OF SERVICE GROUNDS................................................. 35

AND FILING .............................................. 26 RESOLUTION OF MOTION .................... 37
WHEN SERVICE IS DEEMED COMPLETE REMEDIES of PLAINTIFF WHEN
.................................................................... 26 COMPLAINT IS DISMISSED ................... 37
PROOF OF FILING AND SERVICE .......... 27 REMEDIES of DEFENDANT WHEN
MOTION IS DENIED ................................ 37
AMENDMENTS ................................................ 27
EFFECTS OF DIMISSAL OF COMPLAINT
AMENDMENTS AS A MATTER OF RIGHT27 ON CERTAIN GROUNDS ........................ 37
AMENDMENTS BY LEAVE OF COURT ..... 27 WHEN GROUNDS PLEADED AS
FORMAL AMENDMENTS ........................... 28 AFFIRMATIVE DEFENSES ...................... 37
SUPPLEMENTAL PLEADINGS ................... 28 BAR BY DISMISSAL ................................. 37
EFFECT OF AMENDED PLEADING ........... 28 DISTINGUISHED FROM DEMURRER TO
EVIDENCE UNDER RULE 33 .................. 38
SUMMONS ........................................................ 29
DISMISSAL OF ACTION................................ 38
NATURE AND PURPOSE OF SUMMONS IN
RELATION TO ACTIONS IN PERSONAM, IN DISMISSAL UPON NOTICE BY THE
REM AND QUASI IN REM............................ 29 PLAINTIFF .................................................... 38
VOLUNTARY APPEARANCE ..................... 30
GENERAL RULE: THE DISMISSAL IS
PERSONAL SERVICE.................................... 30
WITHOUT PREJUDICE. .................................. 38
SUBSTITUTED SERVICE .............................. 30
CONSTRUCTIVE SERVICE (BY EXCEPTION ...................................................... 38
PUBLICATION) ............................................. 30
DISMISSAL UPON MOTION OF PLAINTIFF;
SERVICE UPON DEFENDANT WHOSE
EFFECT ON EXISTING COUNTERCLAIM. 38
IDENTITY OR WHEREABOUTS IS
DIMISSAL DUE TO THE FAULT OF
UNKNOWN ............................................... 31
PLAINTIFF .................................................... 39
SERVICE UPON RESIDENTS
DISMISSAL OF COUNTERCLAIM, CROSS-
TEMPORARILY OUTSIDE THE
CLAIM OR THIRD-PARTY COMPLAINT .. 39
PHILIPPINES ............................................. 31
EXTRATERRITORIAL SERVICE .................. 32 PRE-TRIAL ........................................................ 39
SERVICE UPON PRISONERS AND MINORS CONCEPT OF PRE-TRIAL ........................... 39
......................................................................... 32 NATURE AND PURPOSE ............................ 39
PROOF OF SERVICE ..................................... 32
NOTICE OF PRE-TRIAL ............................... 40
MOTIONS .......................................................... 33 APPEARANCE OF PARTIES........................ 40
EFFECT OF FAILURE TO APPEAR AT THE
MOTIONS IN GENERAL .............................. 33
PRE-TRIAL .................................................... 40
DEFINITION OF A MOTION ................... 33
PRE-TRIAL BRIEF ......................................... 40
MOTIONS VERSUS PLEADINGS ............ 33
EFFECT OF FAILURE TO FILE PRE-TRIAL
CONTENT AND FORMS OF MOTIONS . 33
BRIEF ......................................................... 40
NOTICE OF HEARING AND HEARING OF
DISTINCTION BETWEEN PRE-TRIAL IN A
MOTIONS .................................................. 33 CIVIL CASE AND PRE-TRIAL IN A
OMNIBUS MOTION RULE ...................... 34 CRIMINAL CASE .......................................... 41
LITIGATED AND EX PARTE MOTION... 34
PRO-FORMA MOTIONS .......................... 34 INTERVENTION .............................................. 41
MOTION FOR BILL OF PARTICULARS...... 34 REQUISITES FOR INTERVENTION............ 41
PURPOSE ................................................... 34 TIME TO INTERVENE .................................. 41
WHEN APPLIED FOR ............................... 34 REMEDY FOR THE DENIAL OF MOTION
ACTION OF THE COURT ......................... 34 TO INTERVENE ............................................ 42
COMPLIANCE WITH THE ORDER AND
EFFECT OF NON-COMPLIANCE ............ 35 SUBPOENA ....................................................... 42
EFFECT ON THE PERIOD TO FILE SUBPOENA DUCES TECUM ....................... 42
RESPONSIVE PLEADING ........................ 35 SUBPOENA AD TESTIFICANDUM ............ 42
MOTION TO DISMISS................................... 35 SERVICE OF SUBPOENA ............................. 42

Remedial Law
COMPELLING ATTENDANCE OF ISSUES IN TRIAL............................................. 47

WITNESSES; CONTEMPT ............................ 42
NOTICE OF TRIAL .......................................... 47
QUASHING OF SUBPOENA ........................ 42
ADJOURNMENT AND POSTPONEMENTS
MODES OF DISCOVERY ................................ 43
........................................................................ 47
DEPOSITION PENDING ACTION .............. 43 REQUISITES OF MOTION TO POSTPONE
DEPOSITION BEFORE ACTION OR TRIAL ............................................................. 47
PENDING APPEAL ....................................... 43 FOR ABSENCE OF EVIDENCE................ 47
MEANING OF DEPOSITION ................... 43
REQUISITES: .................................................... 47
USES; SCOPE OF EXAMINATION .......... 43
WHEN MAY OBJECTIONS TO FOR ILLNESS OF PARTY OR COUNSEL 47
ADMISSIBILITY BE MADE ...................... 43 REQUISITES: .................................................... 47
WHEN MAY TAKING OF DEPOSITION
BE TERMINATED OR ITS SCOPE AGREED STATEMENT OF FACTS.............. 47
LIMITED .................................................... 44 ORDER OF TRIAL ......................................... 47
WRITTEN INTERROGATORIES TO REVERSAL OF ORDER................................. 48
ADVERSE PARTIES....................................... 44
RATIO ................................................................ 48
ANSWERS .......................................................... 44 CONSOLIDATION OR SEVERANCE OF
CONSEQUENCE OF REFUSAL TO HEARING OR TRIAL.................................... 48
ANSWER .................................................... 44 DELEGATION OF RECEPTION OF
EFFECT OF FAILURE TO SERVE EVIDENCE..................................................... 48
WRITTEN INTERROGATORIES .............. 44 TRIAL BY COMMISSIONERS ...................... 49
REQUEST FOR ADMISSION ........................ 44 REFERENCE BY CONSENT OR ODERED
ON MOTION ............................................. 49
AT ANY TIME AFTER ISSUES HAVE BEEN
POWERS OF THE COMMISSIONER ...... 49
JOINED............................................................... 44
COMMISSIONER’S REPORT; NOTICE TO
IMPLIED ADMISSION BY ADVERSE PARTIES AND HEARING ON THE
PARTY........................................................ 45 REPORT ..................................................... 49
CONSEQUENCES OF FAILURE TO
DEMURRER TO EVIDENCE .......................... 50
ANSWER REQUEST FOR ADMISSION .. 45
EFFECT OF ADMISISON.......................... 45 GROUNDS ..................................................... 50
EFFECT OF FAILURE TO FILE AND EFFECT OF DENIAL ..................................... 50
SERVE REQUEST FOR ADMISSION ...... 45 EFFECT OF GRANT ...................................... 50
PRODUCTION OR INSPECTION OF WAIVER OF RIGHT TO PRESENT
DOCUMENTS OR THINGS .......................... 45 EVIDENCE..................................................... 50
DEMURRER TO EVIDENCE IN A CIVIL
PURPOSE ........................................................... 45
CASE VERSUS DEMURRER TO EVIDENCE
PHYSICAL AND MENTAL EXAMINATION IN A CRIMINAL CASE ................................. 50
OF PERSONS.................................................. 46
JUDGMENTS AND FINAL ORDERS ........... 51
PROCEDURE ..................................................... 46
JUDGMENT WITHOUT TRIAL ................... 51
WAIVER OF PRIVILEGE ................................. 46 CONTENTS OF A JUDGMENT.................... 51
MEMORANDUM DECISION ...................... 51
REPORT OF FINDINGS .................................. 46
JUDGMENT ON THE PLEADINGS............. 51
CONSEQUENCES OF REFUSAL TO SUMMARY JUDGMENTS ............................ 52
COMPLY WITH MODES OF DISCOVERY .. 46
ALSO CALLED “ACCELERATED
REFUSAL TO BE SWORN......................... 46
JUDGMENT” .................................................... 52
REFUSAL TO OBEY ORDER .................... 46
FAILURE OF PARTY TO ATTEND OR WHEN THE CASE NOT FULLY
SERVE ANSWERS ..................................... 46 ADJUDICATED ......................................... 52
AFFIDAVITS AND ATTACHMENTS ...... 52
TRIAL ................................................................. 47

Remedial Law
JUDGMENT ON THE PLEADINGS VERSUS RELIEF FROM JUDGMENTS OR FINAL

SUMMARY JUDGMENTS ............................ 53 ORDERS AND RESOLUTIONS ............... 62
RENDITION OF JUDGMENTS AND FINAL ANNULMENTS OF JUDGMENTS OR FINAL
ORDERS ......................................................... 53 ORDERS AND RESOLUTIONS.................... 63
ENTRY OF JUDGMENT AND FINAL ORDER GROUNDS FOR ANNULMENT .............. 63
......................................................................... 53 PERIOD TO FILE ACTION ....................... 63
EFFECTS OF JUDGMENT OF
POST-JUDGMENT REMEDIES ...................... 54
ANNULMENT ........................................... 63
MOTION FOR NEW TRIAL OR COLLATERAL ATTACK ON JUDGMENTS
RECONSIDERATION ................................... 54 .................................................................... 63
GROUNDS FOR MOTION FOR NEW
COMPARATIVE TABLE ON THE MODES OF
TRIAL OR RECONSIDERATION ............. 55
APPEAL.............................................................. 65
FRESH PERIOD OF 15 DAYS ................... 56
EXECUTION, SATISFACTION AND EFFECT
APPEALS ............................................................ 56
OF JUDGMENTS .............................................. 66
JUDGMENTS AND FINAL ORDERS
DIFFERENCE BETWEEN FINALITY OF
SUBJECT TO APPEAL............................... 56
JUDGMENT FOR PURPOSES OF APPEAL
MATTERS NOT APPEALABLE ................ 56
AND FOR PURPOSES OF EXECUTION...... 66
REMEDY AGAINST JUDGMENTS AND
WHEN EXECUTION SHALL ISSUE ............ 66
ORDERS WHICH ARE NOT APPEALABLE
EXECUTION AS A MATTER OF RIGHT. 66
.................................................................... 56
DISCRETIONARY EXECUTION.............. 66
FINAL JUDGMENT RULE; EXCEPTIONS
HOW A JUDGMENT IS EXECUTED ........... 66
.................................................................... 56
EXECUTION BY MOTION OR BY
MODES OF APPEAL ................................. 57
INDEPENDENT ACTION ........................ 67
ISSUES TO BE RAISED ON APPEAL ...... 57
ISSUANCE AND CONTENTS OF A WRIT
PERIOD OF APPEAL ................................ 57
OF EXECUTION ....................................... 67
PERFECTION OF APPEAL ....................... 58
EXECUTION OF JUDGMENTS FOR
PARTICIPATION OF THE SOLICITOR
MONEY ..................................................... 67
GENERAL DURING APPEAL................... 59
EXECUTION OF JUDGMENTS FOR
APPEAL FROM JUDGMENTS OR FINAL
SPECIFIC ACTS......................................... 67
ORDERS OF THE MTC ............................. 59
EXECUTION OF SPECIAL JUDGMENTS67
EFFECT OF LEVY ON THIRD PERSONS 68
ORDERS OF THE RTC ............................. 60
PROPERTIES EXEMPT FROM EXECUTION
........................................................................ 68
ORDERS OF THE CA ................................ 61
PROCEEDINGS WHERE PROPERTY IS
REVIEW OF JUDGMENTS OR FINAL
CLAIMED BY THIRD PERSONS.................. 68
ORDERS OF THE COA ............................. 61
IN RELATION TO THIRD-PARTY CLAIM
IN ATTACHMENT AND REPLEVIN ....... 68
ORDERS OF THE COMELEC ................... 61
RULES ON REDEMPTION ........................... 69
EXAMINATION OF JUDGMENT OBLIGOR
ORDERS OF THE CSC .............................. 61
WHEN JUDGMENT IS UNSATISFIED ........ 69
EXAMINATION OF OBLIGOR OF
ORDERS OF THE OMBUDSMAN ........... 61
JUDGMENT OBLIGOR ................................. 69
EFFECT OF JUDGMENTS OR FINAL
ORDERS OF QUASI-JUDICIAL AGENCIES
ORDERS ......................................................... 70
.................................................................... 61
ENFORCEMENT AND EFFECT OF
DISMISSAL, REINSTATEMENT, AND
FOREIGN JUDGMENTS OR FINAL ORDERS
WITHDRAWAL OF APPEAL .................... 61
........................................................................ 70
DUAL FUNCTION OF APPELLATE
COURTS ..................................................... 62 IV. PROVISIONAL REMEDIES ..................... 71
THE “HARMLESS ERROR RULE” IN
GENERAL MATTERS ...................................... 71
APPELLATE DECISIONS.......................... 62
NATURE OF PROVISIONAL REMEDIES ... 71

Remedial Law
ISSUED BY A FAMILY COURT...................... 71 EXCEPTIONS .................................................... 76

JURISDICTION OVER PROVISIONAL RULE ON PRIOR OR
REMEDIES ..................................................... 71 CONTEMPORANEOUS SERVICE OF
PRELIMINARY ATTACHMENT.................. 71 SUMMONS IN RELATION TO
GROUNDS FOR ISSUANCE OF WRIT OF ATTACHMENT............................................. 76
ATTACHMENT ............................................. 71
RECEIVERSHIP ................................................ 76
REQUISITES ................................................... 72
ISSUANCE AND CONTENTS OF ORDER OF CASES WHEN A RECEIVER MAY BE
ATTACHMENT ............................................. 72 APPOINTED .................................................. 76
AFFIDAVIT AND BOND .............................. 72 THE PROPERTY MUST BE UNDER
RULE ON PRIOR OR LITIGATION..................................................... 77
CONTEMPORANEOUS SERVICE OF
SUMMONS..................................................... 73 REQUISITES .................................................. 77
REQUIREMENTS BEFORE ISSANCE OF AN
OTHERWISE, THE IMPLEMENTATION IS
ORDER APPOINTING A RECEIVER........... 77
NULL AND VOID. ............................................ 73
GENERAL POWERS OF A RECEIVER ........ 77
MANNER OF ATTACHING REAL AND TWO (2) KINDS OF BONDS ......................... 77
PERSONAL PROPERTY; WHEN PROPERTY TERMINATION OF RECEIVERSHIP .......... 77
ATTACHED IS CLAIMED BY THIRD
REPLEVIN ......................................................... 77
PERSONS ....................................................... 73
WHEN MAY A WRIT OF REPLEVIN BE
WHEN APPLIED FOR ...................................... 73
ISSUED ........................................................... 78
WHO MAY APPLY............................................ 74 REQUISITES .................................................. 78
AFFIDAVIT AND BOND .............................. 78
PROCEEDINGS WHERE ATTACHED
REDELIVERY BOND .................................... 78
PROPERTY IS CLAIMED BY THIRD PERSON
SHERIFF’S DUTY IN THE
......................................................................... 74
IMPLEMENTAITON OF THE WRIT ........... 78
DISCHARGE AND THE COUNTER-BOND74
WHEN PROPERTY IS CLAIMED BY THIRD
WAYS OF DISCHARGING ATTACHMENT74 PARTY............................................................ 78
SATISFACTION OF JUDGMENT OUT OF FLOWCHART OF CIVIL PROCEDURE ........ 79
PROPERTY ATTACHED............................... 74
SPECIAL CIVIL ACTIONS ...... 82
PRELIMINARY INJUNCTION ....................... 74
GENERAL MATTERS ...................................... 82
DEFINITIONS AND DIFFERENCES:
PRELIMINARY INJUNCTION AND NATURE OF SPECIAL CIVIL ACTIONS..... 82
TEMPORARY RESTRAINING ORDER (TRO) ORDINARY CIVIL ACTIONS VERSUS
......................................................................... 74 SPECIAL CIVIL ACTIONS ........................... 82
REQUISITES ................................................... 75 SPECIAL CIVIL ACTIONS AND HOW
KINDS OF INJUNCTION .............................. 75 INITIATED .................................................... 82
WHEN WRIT MAY BE ISSUED .................... 75 JURISDICTION AND VENUE ..................... 83
GROUNDS FOR ISSUANCE OF
INTERPLEADER (RULE 62) ............................ 84
PRELIMINARY INJUNCTION ..................... 75
GROUNDS FOR OBJECTION TO, OR FOR PURPOSE AND ESSENCE............................ 84
THE DISSOLUTION OF INJUNCTION OR REQUISITES FOR INTERPLEADER ............ 84
RESTRAINING ORDER ................................ 76 WHEN TO FILE ............................................. 84
DURATION OF TRO ..................................... 76
DECLARATORY RELIEF AND SIMILAR
IN RELATION TO RA 8975 – BAN ON
REMEDIES (RULE 63) ...................................... 85
ISSUANCE OF TRO OR WRIT OF
INJUNCTION IN CASE INVOLVING NATURE........................................................ 85
GOVERNMENT INFRASTRUCTURE PURPOSE ...................................................... 85
PROJECTS ...................................................... 76 SUBJECT MATTER OF DECLARATORY
RELIEF ........................................................... 85

Remedial Law
WHO MAY FILE THE ACTION.................... 85 INJUNCTIVE RELIEF .................................. 90

OTHER PARTIES .......................................... 86 RECONSIDERATION BEFORE FILING
REQUISITES OF AN ACTION FOR PETITION A PETITION FOR CERTIORARI,
DECLARATORY RELIEF .............................. 86 PROHIBITION, AND MANDAMUS ........... 90
WHEN MAY THE COURT REFUSE TO REFLIEFS PETITIONER IS ENTITLED TO . 90
MAKE JUDICIAL DECLARATION.............. 86 ACTIONS/OMISSIONS OF MTC/RTC IN
CONVERSION TO ORDINARY ACTION .. 86 ELECTION CASES ........................................ 90
SPECIAL ISSUE ON DECLARATORY WHEN AND WHERE TO FILE PETITION.. 91
RELIEF ............................................................ 86 EFFECTS OF FILING AN
PROCEEDINGS CONSIDERED AS SIMILAR UNMERITORIOUS PETITION ................... 91
REMEDIES ..................................................... 86
QUO WARRANTO (RULE 66) ........................ 91
Reformation Of An Instrument..................... 86
Consolidation Of Ownership ........................ 87 QUO WARRANTO DEFINED ..................... 91
Quieting Of Title To Real Property .............. 87 QUO WARRANTO UNDER RULE 66 AND
QUO WARRANTO UNDER THE OMNIBUS
REVIEW OF JUDGMENTS AND FINAL
ELECTION CODE, DISTINGUISHED ......... 91
ORDERS OR RESOLUTIONS OF THE
WHEN GOVERNMENT COMMENCE AN
COMELEC AND COA (RULE 64) ................... 87
ACTION AGAINST INDIVIDUALS........... 92
APPLICATION OF RULE 65 UNDER RULE WHEN INDIVIDUAL MAY COMMENCE
64 ..................................................................... 87 AN ACTION .................................................. 92
DISTINCTION IN THE APPLICATION OF QUO WARRANTO FILED BY A PRIVATE
RULE 65 TO JUDGMENTS OF THE INDIVIDUAL AND FILED BY THE
COMELEC AND COA AND THE SOLICITOR GENERAL, DISTINGUISHED. 92
APPLICATION OF RULE 65 TO OTHER PARTIES AND CONTENTS OF THE
TRIBUNALS, PERSONS, AND OFFICERS... 87 PETITION ...................................................... 92
VENUE........................................................... 92
CERTIORARI, PROHIBITION, AND
JUDGMENT IN QUO WARRANTO ACTION
MANDAMUS (RULE 65).................................. 88
........................................................................ 93
DEFINITIONS ................................................ 88 RIGHTS OF A PERSON ADJUDGED
CERTIORARI ............................................ 88 ENTITLED TO PUBLIC OFFICE .................. 93
PROHIBITION ......................................... 88 LIMITATIONS ............................................. 93
MANDAMUS............................................. 88 JUDGMENT FOR COSTS ............................. 93
CERTIORARI, PROHIBITION, AND
EXPROPRIATION (RULE 67) ......................... 93
MANDAMUS, DISTINGUISHED................. 88
CERTIORARI UNDER RULE 65 AND REQUISITES FOR THE VALID EXERCISE OF
APPEAL BY CERTIORARI UNDER RULE 45, THE RIGHT OF EMINENT DOMAIN ......... 93
DISTINGUISHED .......................................... 88 LIMITATION TO THE EXERCISE OF THE
PROHIBITION AND MANDAMUS, AND RIGHT OF EMINENT DOMAIN .................. 94
INJUNCTION, DISTINGUISHED ................ 89 MATTERS TO ALLEGE IN A COMPLAINT
REQUISITES OF CERTIORARI ................... 89 FOR EXPROPRIATION................................. 94
WHEN MAY CERTIORARI PROSPER ....... 89 TWO STAGES IN AN EXPROPRIATION
PROHIBITION REQUISITES ....................... 89 PROCEEDING ............................................... 94
MANDAMUS REQUISITES ........................ 89 WHEN PLAINTIFF CAN IMMEDIATELY
WHEN PETITION FOR CERTIORARI, ENTER INTO POSSESSION OF THE REAL
PROHIBITION AND MANDAMUS PROPER PROPERTY, IN RELATION TO R.A. NO.
......................................................................... 89 8974................................................................. 94
WHEN PETITION FOR CERTIORARI IS REPUBLIC ACT. 8974 (2000): AN ACT TO
PROPER .......................................................... 89 FACILITATE THE ACQUISITION OF RIGHT-OF-
WHEN PETITION FOR PROHIBITION IS WAY, SITE OR LOCATION FOR NATIONAL
PROPER ........................................................ 90 GOVERNMENT INFRASTRUCTURE PROJECTS AND
WHEN PETITION FOR MANDAMUS FOR OTHER PURPOSES...................................... 94
PROPER ........................................................ 90 NEW SYSTEM OF IMMEDIATE PAYMENT
OF INITIAL JUST COMPENSATION .......... 95

Remedial Law
DEFENSES AND OBJECTIONS .................... 95 DEFICIENCY JUDGMENT ......................... 101

ORDER OF EXPROPRIATION .................... 95 EFFECT OF DEFICIENCY JUDGMENT .... 101
ASCERTAINMENT OF JUST WHEN MORTGAGOR IS NOT THE DEBTOR
COMPENSATION ......................................... 95 ...................................................................... 101
COMMISSIONER’S REPORT; COURT WHEN THERE SURPLUS INSTEAD OF
ACTION UPON REPORT.............................. 96 DEFICIENCY ............................................... 101
RIGHTS OF PLAINTIFF AFTER JUDGMENT FORCELOSURE JUDGMENT FROM
AND PAYMENT ........................................... 96 DEFICIENCY JUDGMENT,
EFFECT OF ENTRY OF JUDGMENT ........... 97 DISTINGUISHED ........................................ 101
INSTANCES WHEN IT IS IMPROPER FOR
FORECLOSURE OF REAL ESTATE
THE COURT TO RENDER A DEFICIENCY
MORTGAGE (RULE 68) ................................... 97
JUDGMENT ................................................. 102
MORTGAGE, DEFINED ............................... 97 TWO TYPES OF FORECLOSURE OF
FORECLOSURE, DEFINED ......................... 97 MORTGAGE ................................................ 102
REAL ESTATE MORTGAGE, DEFINED .... 97 JUDICIAL AND EXTRA-JUDICIAL FORECLOSURE,
DRAGNET CLAUSE OR BLANKET DISTINGUISHED .............................................. 102
MORTGAGE CLAUSE, DEFINED................ 98
PARTITION (RULE 69) .................................. 102
WHEN FORECLOSURE IS PROPER ........... 98
ISSUE ON DEMAND TO PAY ...................... 98 PARTITION, DEFINED .............................. 102
ALTERNATIVE REMEDIES OF THE PARTITION OF REAL ESTATE.................. 102
CREDITOR; SPLITTING SINGLE CAUSE OF EXISTENCE OF CO-OWNERSHIP IN
ACTION ......................................................... 98 PARTITION ................................................. 102
PACTUM COMMISSORIUM, DEFINED ... 98 INSTANCES WHEN CO-OWNER MAY NOT
NOT A VALID AGREEMENT ...................... 98 DEMAND PARTITION AT ANY TIME ..... 102
THREE STAGES IN JUDICIAL LEGAL EFFECT OF PARTITION ............... 103
FORECLOSURE OF MORTGAGE ................ 98 WHO MAY FILE COMPLAINT; WHO
WHAT MUST BE ALLEGED IN THE SHOULD BE MADE DEFENDANTS ......... 103
COMPLAINT FOR FORECLOSURE ........... 99 MATTERS TO ALLEGE IN THE
WHO ARE THE POSSIBLE DEFENDANTS? COMPLAINT FOR PARTITION................. 103
......................................................................... 99 WHEN ALLEGATIONS IN COMPLAINT
PROCEDURE ................................................ 99 NOT FOR PARTITION................................ 103
JUDGMENT ON FORECLOSURE FOR TWO STAGES IN PARTITION: .................. 103
PAYMENT OR SALE ..................................... 99 CONDITION FOR ACTION TO LIE .......... 103
EQUITY OF REDEMPTION, DEFINED ...... 99 ORDER OF PARTITION ............................. 103
RIGHT OF REDEMPTION, DEFINED ........ 99 REMEDY AGAINST FINAL ORDER OF THE
EQUITY OF REDEMPTION AND RIGHT OF DECREE ....................................................... 103
REDEMPTION, DISTINGUISHED ............... 99 MODES OF PARTITION ............................. 103
EFFECT OF JUDGMENT............................ 100 PARTITION BY AGREEMENT IF THEY
FORCELOSURE JUDGMENT ..................... 100 AGREE ......................................................... 104
SALE OF MORTGAGED PROPERTY; PARTITION BY AGREEMENT IF THEY DID
EFFECT ......................................................... 100 NOT AGREE ................................................ 104
EFFECT OF CONFIRMATION OF THE PARTITION BY COMMISSIONERS;
SALE ............................................................. 100 APPOINTMENT OF COMMISSIONERS;
CONFIRMATION OF SALE, DEFINED ... 100 COMMISSIONER’S REPORT; COURT
EFFECT OF FINALITY OF THE ORDER OFM ACTION UPON COMMISSIONER’S
CONFIRMATION........................................ 100 REPORT ....................................................... 104
DISPOSITION OF PROCEEDS OF SALE .. 100 OATH AND DUTIES OF COMMISSIONERS
HOW SALE TO PROCEED IN CASE THE ...................................................................... 104
DEBT IS NOT ALL DUE .............................. 100 WHEN DIVISION WOULD BE
IF PROPERTY CANNOT BE SOLD PREJUDICIAL.............................................. 104
WITHOUT PREJUDICE TO PARTIES ........ 100 REPORT OF THE COMMISSIONERS ........ 104
REGISTRATION OF THE SALE................ 101 PROCEEDINGS NOT BINDING UNTIL
CONFIRMED ............................................... 104

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ACTION OF THE COURT UPON ACTION FOR FORCIBLE ENTRY AND

COMMISSIONERS’ REPORT...................... 104 UNLAWFUL DETAINER ........................... 109
JUDGMENT AND ITS EFFECTS................. 105 CASES WHICH DO NOT BAR AN ACTION
RECORDING OF THE JUDGMENT ........... 105 FOR FORCIBLE ENTRY OR UNLAWFUL
NEITHER PARAMOUNT RIGHTS NOR DETAINER .................................................. 109
AMICABLE PARTITION AFFECTED BY WHEN IS JUDICIAL ACTION
THIS RULE ................................................... 105 UNNECESSARY.......................................... 109
PARTITION OF PERSONAL PROPERTY .. 105 CONCEPT OF DEMAND IN UNLAWUL
PRESCRIPTION OF ACTION ..................... 105 DETAINER CASE ........................................ 109
FORM OF DEMAND................................... 109
FORCIBLE ENTRY AND UNLAWFUL
WHEN DEMAND NOT NECESSARY ....... 109
DETAINER (RULE 70) .................................... 105
SUMMARY PROCEDURE .......................... 109
FORCIBLE ENTRY AND UNLAWFUL PERIOD FOR RENDITION OF JUDGMENT
DETAINER ACTIONS ................................. 105 ...................................................................... 110
THREE POSSIBLE ACTIONS TO BE FILED IN PRELIMINARY INJUNCTION AND
COURT GOVERNING REAL PROPERTIES PRELIMINARY MANDATORY
....................................................................... 106 INJUNCTION .............................................. 111
COMPARATIVE TABLE ............................. 106 PRELIMINARY MANDATORY
DEFINITION AND DISTINCTION ............ 106 INJUNCTION .............................................. 111
FORCIBLE ENTRY, DEFINED ................ 106 RESOLVING DEFENSE OF OWNERSHIP 111
UNLAWFUL DETAINER, DEFINED ...... 106 JUDGMENT, IF ALLEGATIONS ARE TRUE
FORCIBLE ENTRY AND UNLAWFUL ...................................................................... 111
DETAINER, DISTINGUISHED ................... 106 JUDGMENT, IF ALLEGATIONS NOT TRUE
ACCION INTERDICTAL AND ACCION ...................................................................... 111
PUBLICIANA, DISTINGUISHED .............. 106 JUDGMENT CONCLUSIVE ONLY ON
HOW TO DETERMINE JURISDICTION IN POSSESSION; NOT CONCLUSIVE IN
ACCION PULICIANA AND ACCION ACTIONS INVOLVING TITLE OR
REINVINDICATORIA ................................ 107 OWNERSHIP ............................................... 111
WHO MAY INSTITUTE THE ACTION AND REMEDY FOR JUDGMENT OR FINAL
WHEN; ......................................................... 107 ORDER ......................................................... 111
AGAINST WHOM THE ACTION MAY BE HOW TO STAY IMMEDIATE EXECUTION
MAINTAINED ............................................. 107 OF JUDGMENT ........................................... 112
PLEADINGS ALLOWED ............................ 107 SUPERSEDEAS BOND................................ 112
PROHIBITED PLEADINGS......................... 107 PRELIMINARY MANDATORY
AFFIDAVITS REQUIRED............................ 107 INJUNCTION IN CASE OF APPEAL......... 112
IF VIOLATED THIS REQUIREMENT ........ 107 IMMEDIATE EXECUTION ON APPEAL TO
WHAT MUST BE ALLEGED IN THE COURT OF APPEALS OR SUPREME COURT
COMPLAINTS ............................................. 108 ...................................................................... 112
WHEN THE COMPLAINT FAILS TO AVER DIFFERENTIATE UNLAWFUL DETAINER
FACTS HOW ENTRY WAS EFFECTED ..... 108 FROM FORCIBLE ENTRY .......................... 112
POSSESSION AS THE ISSUE ...................... 108 RULES IN THE EXECUTION OF
MEANING OF PRIOR PHYSICAL JUDGMENTS IN EJECTMENT CASES ...... 112
POSSESSION IN FORCIBLE ENTRY CASES PERSONS BOUND BY THE JUDGMEN IN
....................................................................... 108 EJECTMENT CASES ................................... 112
RATIONALE BEHIND THE CONCEPT .... 108 CONTEMPT (RULE 71) .................................. 113
ACTION ON THE COMPLAINT................ 108
WHEN DEFENDANT OCCUPIES PREMISES CONTEMPT, DEFINED .............................. 113
BY MERE TOLERANCE .............................. 108 KINDS OF CONTEMPT .............................. 113
WHEN THE RULE ON TOLERANCE DOES DUAL FUNCTION OF CONTEMPT
NOT APPLY ................................................. 109 PROCEEDINGS: .......................................... 113
EFFECT OF PENDENCY OF AN ACTION DIRECT CONTEMPT .................................. 113
INVOLVING ONWERSHIP ON THE INDIRECT CONTEMPT ............................. 113

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CRIMINAL CONTEMPT AND CIVIL SETTLEMENT OF ESTATE OF DECEASED

CONTEMPT, DISTINGUISHED ................. 113 PERSONS, VENUE, AND PROCESS ........... 127
CIVIL CONTEMPT, DEFINED ................... 114
NATURE ...................................................... 127
CRIMINAL CONTEMPT, DEFINED .......... 114
JURISDICTION............................................ 127
NO FORMAL PROCEEDING REQUIRED,
VENUE IN JUDICIAL SETTLEMENT OF
SUMMARY PROCEEDINGS....................... 114
ESTATE ........................................................ 127
REMEDY OF A PERSON ADJUDGED IN
EXTENT OF JURISDICTION OF PROBATE
DIRECT CONTEMPT .................................. 114
COURT ......................................................... 127
PENALTIES .................................................. 114
POWERS AND DUTIES OF THE PROBATE
SPECIFIC ACTS PUNISHABLE AS
COURT ......................................................... 128
INDIRECT CONTEMPT .............................. 114
CLEAR AND PRESENT DANGER RULE IN SUMMARY SETTLEMENT OF ESTATES .. 128
CONTEMPT ................................................. 114
EXTRAJUDICIAL SETTLEMENT BY
REMEDY OF A PERSON ADJUDGED IN
AGREEMENT BETWEEN HEIRS............... 128
INDIRECT CONTEMPT .............................. 115
WHEN ALLOWED .................................. 128
PENALTIES (SEC 7, RULE 71)..................... 115
TWO YEAR PRESCRIPTIVE PERIOD ........ 128
WHERE CHARGE TO BE FILED IF AGAINST
AFFIDAVIT OF SELF-ADJUDICATION BY
RTC ............................................................... 115
SOLE HEIR................................................... 128
WHERE CHARGE TO BE FILED IF
SUMMARY SETTLEMENT OF ESTATES OF
COMMITTED AGAINS LOWER COURT .. 115
SMALL VALUE, WHEN ALLOWED......... 129
HEARING; RELEASE ON BAIL.................. 115
REMEDIES OF AGGRIEVED PARTIES
HOW CONTEMPT PROCEEDINGS ARE
AFTER EXTRAJUDICIAL SETTLEMENT OF
COMMENCED............................................. 115
ESTATE ........................................................ 129
SUMMARY OF PROCEDURE FOR INDIRECT
CONTEMPT ..................................................... 116 PRODUCTION AND PROBATE OF WILL . 129
WHEN IMPRISONMENT SHALL BE
NATURE OF PROBATE PROCEEDING.... 130
IMPOSED ..................................................... 116 WHO MAY PETITION FOR PROBATE ..... 130
PROCEEDING WHEN PARTY RELEASED
PERSONS ENTITLED TO NOTICE ............ 130
ON BAIL FAILS TO ANSWER .................... 116
COURT MAY RELEASE RESPONDENT ... 116 ALLOWANCE OR DISALLOWANCE OF
CONTEMPT AGAINST QUASI-JUDICIAL WILL ................................................................. 130
BODIES ......................................................... 116 CONTENTS OF PETITION FOR
CRITICISM OF COURTS ............................ 116 ALLOWANCE OF WILL............................. 130
CONTEMPT IN RELATION TO EXECUTION GROUNDS FOR DISALLOWING A WILL 130
OF JUDGMENTS.......................................... 116 REPROBATE ................................................ 130
CONTEMPT POWERS OF THE
LEGISLATURE; LEGISLATIVE REQUISITES BEFORE A WILL PROVED
INVESTIGATIONS ...................................... 116 ABROAD WOULD BE ALLOWED IN THE
CONTEMPT POWER OF LOCAL PHILIPPINES .................................................. 132
LEGISLATIVE BODIES ............................... 117 REQUISITES FOR ALLOWANCE .............. 132
SUMMARY TABLE OF SPECIAL CIVIL PROCEDURE FOR REPROBATE ............... 132
ACTIONS ......................................................... 118 EFFECTS OF PROBATE .............................. 133
SPECIAL PROCEEDINGS ..... 126 LETTERS TESTAMENTARY AND

ADMINISTRATION ...................................... 133
SPECIAL PROCEEDINGS ............................. 126
WHO MAY ADMINISTER THE ESTATE .. 133
SUBJECT MATTER OF SPECIAL WHEN AND TO WHOM LETTERS OF
PROCEEDINGS ........................................... 126 ADMINISTRATION GRANTED ................ 133
DISTINCTIONS BETWEEN ORDINARY ORDER OF PREFERENCE .......................... 134
CIVIL ACTION AND SPECIAL OPPOSITION TO ISSUANCE OF LETTERS
PROCEEDINGS ........................................... 126 TESTAMENTARY; SIMULTANEOUS

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FILING OF PETITION FOR REMEDY OF AN HEIR ENTITLED TO

ADMINISTRATION .................................... 134 RESIDUE BUT NOT GIVEN HIS SHARE .. 142
POWERS AND DUTIES OF EXECUTORS INSTANCES WHEN PROBATE COURT
AND ADMINISTRATORS .......................... 135 MAY ISSUE WRIT OF EXECUTION .......... 142
APPOINTMENT OF SPECIAL
TRUSTEES ....................................................... 142
ADMINISTRATOR ...................................... 136
GROUNDS FOR REMOVAL OF DISTINGUISHED FROM
ADMINISTRATOR ...................................... 137 EXECUTOR/ADMINISTRATOR............... 143
CONDITIONS OF THE BOND ................... 143
CLAIMS AGAINST ESTATE ........................ 138
REQUISITES FOR THE REMOVAL AND
TIME WITHIN WHICH CLAIMS SHOULD RESIGNATION OF A TRUSTEE ................ 143
BE FILED; EXCEPTIONS ............................. 138 GROUNDS FOR THE REMOVAL AND
STATUTE OF NON-CLAIMS...................... 138 RESIGNATION OF A TRUSTEE ................ 143
TYPES OF CLAIMS COVERED .............. 138 EXTENT OF AUTHORITY OF TRUSTEE .. 144
CLAIM OF EXECUTOR OR
ESCHEAT......................................................... 144
ADMINISTRATOR AGAINST THE ESTATE
....................................................................... 139 CONCEPT .................................................... 144
HOW TO FILE A CLAIM............................. 139 WHEN TO FILE ........................................... 144
REQUISITES FOR FILING OF PETITION.. 144
ACTIONS BY AND AGAINST EXECUTORS
REMEDY OF RESPONDENT AGAINST
AND ADMINISTRATORS ............................ 139
PETITION .................................................... 144
ACTIONS THAT MAY BE BROUGHT PERIOD FOR FILING ACTION TO
AGAINST EXECUTORS AND RECOVER ................................................ 144
ADMINISTRATORS .................................... 139
GUARDIANSHIP ........................................... 145
REQUISITES BEFORE CREDITOR MAY
BRING AN ACTION FOR RECOVERY OF GENERAL POWERS AND DUTIES OF
PROPERTY FRAUDULENTLY CONVEYED GUARDIANS............................................... 145
BY THE DECEASED .................................... 140 CONDITIONS OF THE BOND OF THE
GUARDIAN................................................. 146
PAYMENT OF THE DEBTS OF THE ESTATE
RULES ON GUARDIANSHIP OVER MINOR
........................................................................... 140
...................................................................... 146
DEBTS PAID IN FULL IF ESTATE OTHER RULES ON GUARDIANSHIP OF
SUFFICIENT................................................. 140 MINORS .................................................. 147
ORDER OF PREFERENCE OF PAYMENT. 140
WRIT OF HABEAS CORPUS ........................ 147
ORDER OF PROPERTY LIABILITY............ 140
WHEN PERSONAL PROPERTY ALREADY CONTENTS OF THE PETITION ................ 148
IN THE HANDS OF HEIRS, LEGATEES, OR CONTENTS OF THE RETURN .................. 148
DEVISEES ..................................................... 140 DISTINGUISH PEREMPTORY WRIT FROM
ESTATE TO BE RETAINED TO MEET PRELIMINARY CITATION ........................ 148
CONTINGENT CLAIMS ............................. 140 WHEN WRIT
PAYMENT OF CONTINGENT CLAIMS ... 140 DISALLOWED/DISCHARGED................. 149
CONTRIBUTIVE SHARES FIXED BY COURT
RULE ON CUSTODY OF MINORS AND
....................................................................... 141
WRIT OF HABEAS CORPUS IN RELATION
LIABILITY OF HEIRS AND DISTRIBUTEES
TO CUSTODY OF MINORS (A.M. NO. 03-04-
....................................................................... 141
04-SC)................................................................ 149
PROVISIONS OF THE CIVIL CODE ON
PREFERENCE OF CREDIT APPLIES ......... 141 APPLICABILITY (Section 1) .................... 149
CLAIMS OUTSIDE THE PHILIPPINES...... 141 PETITION FOR CUSTODY OF MINORS... 149
WHO MAY FILE THE PETITION........... 149
DISTRIBUTION AND PARTITION ............ 141
WHERE TO FILE THE PETITION .......... 149
LIQUIDATION ............................................ 141 MOTION TO DISMISS (Section 6).......... 149
PROJECT OF PARTITION........................... 142

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PROVISIONAL ORDER AWARDING GROUNDS FOR CHANGE OF NAME ...... 160

CUSTODY & ORDER OF PREFERENCE DIFFERENCES UNDER RULE 103, RULE 108,
.................................................................. 150 AND R.A. 9048 (AMENDED BY 10172)........... 161
WRIT OF HABEAS CORPUS IN RELATION
ABSENTEES .................................................... 163
TO CUSTODY OF MINORS ........................ 151
APPLICABILITY ...................................... 151 PURPOSE OF THE RULE ............................ 163
WHO MAY FILE ...................................... 151 WHO MAY FILE .......................................... 163
WHERE TO FILE...................................... 151 WHEN TO FILE ........................................... 163
RETURN OF THE WRIT ......................... 151 CANCELLATION OR CORRECTION OF
ENTRIES IN THE CIVIL REGISTRY .......... 163
WRIT OF AMPARO (A.M. NO. 07-9-12-SC) 151
NATURE ...................................................... 163
COVERAGE ................................................. 151 REQUISITES WHEN SUBSEQUENT
DIFFERENCE BETWEEN AMPARO AND PUBLICATION OF NOTICE OF HEARING
SEARCH WARRANT .................................. 151 CURES THE PETITION’S LACK OR
WHO MAY FILE .......................................... 152 FAILURE TO IMPLEAD AFFECTED
CONTENTS OF RETURN ........................... 152 PARTIES....................................................... 163
EFFECTS OF FAILURE TO FILE RETURN 153 ENTRIES SUBJECT TO CANCELLATION OR
PROCEDURE FOR HEARING .................... 153 CORRECTION UNDER RULE 108, IN
INSTITUTION OF SEPARATE ACTION ... 153 RELATION TO R.A. NO. 9048 .................... 163
EFFECT OF FILING A CRIMINAL ACTION
....................................................................... 153 CRIMINAL PROCEDURE...... 164
CONSOLIDATION...................................... 153 GENERAL MATTERS .................................... 164
INTERIM RELIEFS AVAILABLE TO
PETITIONER AND RESPONDENT ........... 153 CRIMINAL JURISDICTION ....................... 164
INTERIM RELIEFS AVAILABLE TO REQUISITES FOR EXERCISE OF CRIMINAL
RESPONDENT ............................................. 154 JURISDICTION............................................ 164
QUANTUM OF PROOF IN APPLICATION JURISDICTION OVER THE SUBJECT
FOR ISSUANCE OF WRIT OF AMPARO... 154 MATTER ...................................................... 164
DETERMINATION OF JURISDICTION
WRIT OF HABEAS DATA (A.M. NO. 08-1-16- OVER THE SUBJECT MATTER ............. 164
SC) ..................................................................... 154 JURISDICTION OVER THE PERSON OF THE
SCOPE OF WRIT .......................................... 154 ACCUSED .................................................... 165
AVAILABILITY OF WRIT ........................... 154 JURISDICTION OVER THE SUBJECT MATTER VIS-
WHO MAY FILE .......................................... 154 À-VIS JURISDICTION OVER THE PERSON OF THE
WHERE TO FILE .......................................... 154 ACCUSED ....................................................... 165
CONTENTS OF PETITION ......................... 155 JURISDICTION OF CRIMINAL COURTS . 165
CONTENTS OF RETURN ........................... 155
INSTANCES WHEN PETITION MAY BE CASES COGNIZABLE BY SANDIGANBAYAN ..... 167
HEARD IN CHAMBERS ............................. 155 WHEN INJUNCTION MAY BE ISSUED TO RESTRAIN
CONSOLIDATION...................................... 155 CRIMINAL PROSECUTION ................................ 167
EFFECTS OF FILING A CRIMINAL ACTION PROSECUTION OF OFFENSES ................... 168
....................................................................... 155
INSTITUTION OF SEPARATE ACTION ... 155 CRIMINAL ACTIONS ....................................... 168
QUANTUM OF PROOF IN APPLICATION HOW INSTITUTED................................. 168
FOR ISSUANCE OF WRIT OF HABEAS WHO MAY FILE FOR NON-PRIVATE CRIMES
DATA............................................................ 155 ...................................................................... 168
CRIMINAL ACTIONS; WHEN ENJOINED .... 169
DISTINCTIONS: WRIT OF HABEAS CONTROL OF PROSECUTION ........................... 169
CORPUS, WRIT OF AMPARO, AND WRIT SUFFICIENCY OF COMPLAINT OR
OF HABEAS DATA ........................................ 156 INFORMATION .......................................... 170
CHANGE OF NAME ...................................... 160 DESIGNATION OF THE OFFENSE ...................... 170
CAUSE OF THE ACCUSATION .......................... 171
CONCEPT .................................................... 160 DUPLICITY OF THE OFFENSE.......................... 171

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AMENDMENT OF THE COMPLAINT OR REQUISITES OF A VALID WARRANT OF

INFORMATION ................................................ 171 ARREST........................................................ 182
VENUE OF CRIMINAL ACTIONS ....................... 172 PROBABLE CAUSE FOR THE ISSUANCE
INTERVENTION OF THE OFFENDED PARTY IN THE OF A WARRANT OF ARREST ............... 182
PROSECUTION OF THE CRIMINAL ACTION173 DETERMINATION OF PROBABLE CAUSE
MADE BY THE PROSECUTOR VIS-À-VIS
PROSECUTION OF CIVIL ACTION ........... 173
PROBABLE CAUSE MADE BY THE
RULE ON IMPLIED INSTITUTION OF CIVIL ACTION JUDGE...................................................... 182
WITH CRIMINAL ACTION ................................. 173
BAIL.................................................................. 183
WHEN CIVIL ACTION MAY PROCEED
INDEPENDENTLY ............................................ 173 NATURE ...................................................... 184
WHEN SEPARATE CIVIL ACTION IS SUSPENDED KINDS OF BAIL ........................................... 186
....................................................................... 174 BAIL AS A MATTER OF RIGHT;
EFFECT OF DEATH OF THE ACCUSED OR CONVICT EXCEPTIONS .............................................. 186
ON HIS CRIMINAL LIABILITY ................... 174 BAIL AS A MATTER OF DISCRETION ..... 187
EFFECT OF DEATH OF THE ACCUSED OR HEARING OF APPLICATION FOR BAIL IN
CONVICT ON HIS CIVIL LIABILITY ........ 174 CAPITAL OFFENSES (OFFENSES PUNISHABLE
PREJUDICIAL QUESTION .................................. 174 BY DEATH, RECLUSION PERPETUA, OR LIFE
REQUISITES FOR A PREJUDICIAL IMPRISONMENT) ............................................. 188
QUESTION .............................................. 174 CAPITAL OFFENSE NOT BAILABLE .... 189
SUSPENSION OF THE CRIMINAL GUIDELINES IN FIXING THE AMOUNT OF
ACTION BY REASON OF PREJUDICIAL BAIL ............................................................. 189
QUESTION .............................................. 175 WHEN BAIL IS NOT REQUIRED .............. 190
RULE ON FILING FEES IN CIVIL ACTION DEEMED INCREASE OR REDUCTION OF BAIL.................. 190
INSTITUTED WITH CRIMINAL ACTION .............. 175 FORFEITURE OF BAIL ...................................... 190
BENCH WARRANT ................................ 191
PRELIMINARY INVESTIGATION .............. 175
CANCELLATION OF BAIL ........................ 191
NATURE OF RIGHT .......................................... 175 APPLICATION NOT A BAR TO OBJECTIONS IN
PURPOSES OF PRELIMINARY INVESTIGATION ... 175 ILLEGAL ARREST, LACK OF OR IRREGULAR
WHO MAY CONDUCT DETERMINATION OF PRELIMINARY INVESTIGATION ........................ 191
EXISTENCE OF PROBABLE CAUSE ..................... 176 HOLD DEPARTURE ORDER .............................. 191
CASES REQUIRING A PRELIMINARY BUREAU OF IMMIGRATION WATCH LIST
INVESTIGATION ............................................. 176 ...................................................................... 192
RESOLUTION OF THE INVESTIGATING
ARRAIGNMENT AND PLEA ....................... 192
PROSECUTOR.............................................. 177
REVIEW........................................................ 177 ARRAIGNMENT .............................................. 192
WHEN WARRANT OF ARREST MAY ISSUE ......... 178 PLEA ............................................................ 193
CASES NOT REQUIRING A PRELIMINARY WHERE AND HOW MADE ....................... 193
INVESTIGATION .............................................. 179 WHEN MADE ............................................. 193
REMEDIES OF THE ACCUSED IF THERE WAS WHEN SHOULD A PLEA OF “NOT GUILTY” BE
NO (OR AN IRREGULARITY) PRELIMINARY ENTERED ........................................................ 193
INVESTIGATION .............................................. 179 WHEN MAY ACCUSED ENTER A PLEA OF GUILTY
TO A LESSER OFFENSE ..................................... 194
ARREST............................................................ 179
PLEA OF GUILTY TO A CAPITAL OFFENSE, WHAT
HOW MADE .................................................... 179 THE COURT SHOULD DO ................................. 194
WHEN A WARRANTLESS ARREST IS SEARCHING INQUIRY ..................................... 194
LAWFUL ...................................................... 179 IMPROVIDENT PLEA ...................................... 195
METHOD OF ARREST ....................................... 181 GROUNDS FOR SUSPENSION OF ARRAIGNMENT
ARREST BY AN OFFICER WITH A ...................................................................... 195
WARRANT ............................................... 181
MOTION TO QUASH ................................... 195
ARREST BY AN OFFICER WITHOUT A
WARRANT ............................................... 181 MOTION TO QUASH ................................. 195
ARREST BY A PRIVATE PERSON ......... 181 GROUNDS FOR A MOTION TO QUASH .... 196

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MOTION TO QUASH VIS-À-VIS CONTENTS OF A JUDGMENT OF

DEMURRER TO EVIDENCE....................... 196 CONVICTION ............................................. 205
REMEDY FROM A DENIAL OF THE CONTENTS OF A JUDGMENT OF
MOTION TO QUASH.................................. 196 ACQUITTAL................................................ 205
EFFECTS OF SUSTAINING THE MOTION TO QUASH PROMULGATION OF JUDGMENT .... 206
....................................................................... 197 INSTANCES OF PROMULGATION OF
EXCEPTION TO THE RULE THAT SUSTAINING THE JUDGMENT IN ABSENTIA ........................ 206
MOTION TO QUASH IS NOT A BAR TO ANOTHER WHEN JUDGMENT BECOMES FINAL ................ 207
PROSECUTION ................................................. 197 PROBATION ............................................... 207
DOUBLE JEOPARDY ......................................... 197 REMEDIES BEFORE A JUDGMENT OF
TESTS FOR DETERMINING WHETHER CONVICTION BECOMES FINAL .......... 207
THE TWO OFFENSES ARE IDENTICAL
NEW TRIAL OR RECONSIDERATION ..... 207
.................................................................. 198
PROVISIONAL DISMISSAL ................................ 199 GROUNDS FOR NEW TRIAL .................... 207
TIME-BAR RULE ..................................... 199 GROUNDS FOR RECONSIDERATION .... 208
REVIVAL OF CASE PROVISIONALLY REQUISITES FOR A NEW TRIAL ON THE
DISMISSED.............................................. 199 GROUND OF NEWLY-DISCOVERED
EFFECT OF DISMISSAL OF THE CASE EVIDENCE................................................... 208
AGAINST THE PRINCIPALS TO THE EFFECTS OF GRANTING A NEW TRIAL OR
ACCOMPLICES ....................................... 199 RECONSIDERATION ........................................ 208
APPLICATION OF NEYPES DOCTRINE IN CRIMINAL
PRE-TRIAL....................................................... 199
CASES ............................................................. 208
PRE-TRIAL ............................................... 199
APPEAL............................................................ 208
MATTERS TO BE CONSIDERED DURING PRE-
TRIAL CONFERENCE ........................................ 200 WHO MAY APPEAL ................................... 209
PLEA BARGAINING................................... 200 EFFECT OF AN APPEAL ................................... 209
PRE-TRIAL AGREEMENT .................................. 200 WHERE AND HOW TO APPEAL .................... 209
NON-APPEARANCE AT PRE-TRIAL .................. 200 WHEN APPEAL IS TO BE TAKEN ............ 210
PRE-TRIAL ORDER ........................................... 200 EFFECT OF APPEAL BY ANY OF SEVERAL ACCUSED
REFERRAL OF SOME CASES FOR COURT ANNEXED ...................................................................... 211
MEDIATION AND JUDICIAL DISPUTE RESOLUTION EFFECT OF DEATH OF AN ACCUSED
....................................................................... 201 PENDING THE APPEAL OF HIS
CONVICTION ......................................... 211
TRIAL ............................................................... 201
ORDER DENYING DEMURRER TO
INSTANCES WHEN PRESENCE OF ACCUSED IS EVIDENCE .............................................. 211
REQUIRED BY LAW .......................................... 201 AUTOMATIC APPEAL IN CRIMINAL
WHEN TRIAL SHALL COMMENCE......... 201 CASES ...................................................... 211
REQUISITES BEFORE A TRIAL CAN BE SUSPENDED INTERMEDIATE REVIEW BY COURT OF
ON ACCOUNT OF THE ABSENCE OF A WITNESS 201 APPEALS IN CASES OF AUTOMATIC
TRIAL IN ABSENTIA ......................................... 202 REVIEW ................................................... 211
REMEDY WHEN THE ACCUSED IS NOT BROUGHT GROUNDS FOR DISMISSAL OF APPEAL ............. 211
TO TRIAL WITHIN THE PRESCRIBED PERIOD ..... 202
SEARCH AND SEIZURE ............................... 211
DISCHARGE OF ACCUSED TO BECOME A STATE
WITNESS ......................................................... 203 NATURE ......................................................... 211
REQUISITES FOR DISCHARGE OF ACCUSED TO SEARCH WARRANT VIS-À-VIS ARREST
BECOME A STATE WITNESS ........................... 203 WARRANT ................................................. 212
EFFECTS OF DISCHARGE OF ACCUSED AS STATE WHERE AN APPLICATION FOR A SEARCH
WITNESS ......................................................... 203 WARRANT IS FILED ......................................... 212
DEMURRER TO EVIDENCE ............................... 204 PROBABLE CAUSE IN SEARCH WARRANTS ....... 212
PERSONAL EXAMINATION BY THE JUDGE OF
JUDGMENT..................................................... 205
THE APLICANT AND WITNESSES ...................... 213
REQUISITES OF A JUDGMENT ........................... 205
KINDS OF JUDGMENT ................................... 205

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PARTICULARITY OF THE PLACE OR PERSON TO PRESUMPTIONS ........................................... 226

BE SEARCHED AND THE ITEMS TO BE SEIZED
Conclusive Presumption ............................ 226
....................................................................... 213
Disputable Presumptions ........................... 226
TIME OF MAKING SEARCH .................. 213
DURATION OF THE VALIDITY OF A LIBERAL CONSTRUCTION OF RULES OF
SEARCH WARRANT ............................... 213 EVIDENCE ...................................................... 227
MANNER OF MAKING SEARCH .......... 213
QUANTUM OF EVIDENCE .......................... 227
PERSONAL PROPERTY TO BE SEIZED .... 214
EXCEPTIONS TO THE SEARCH WARRANT (WEIGHT AND SUFFICIENCY OF
REQUIREMENT .......................................... 214 EVIDENCE) ..................................................... 227
SEARCH INCIDENTAL TO A LAWFUL JUDICIAL NOTICE AND JUDICIAL
ARREST.................................................... 214 ADMISSIONS ................................................. 228
PLAIN VIEW DOCTRINE ....................... 215
SEARCH OF MOVING VEHICLES......... 215 WHAT NEED NOT BE PROVED ....................... 228
CONSENTED WARRANTLESS SEARCH MATTERS OF JUDICIAL NOTICE ...................... 228
.................................................................. 215 WHEN JUDICIAL NOTICE
STOP AND FRISK ................................... 215 DISCRETIONARY ................................... 229
OTHER SEARCHES................................. 215 JUDICIAL ADMISSIONS ......................... 229
REMEDIES FROM UNLAWFUL SEARCH Effect of Judicial Admissions ...................... 230
AND SEIZURE ............................................. 216 How Judicial Admissions may be Contradicted
.................................................................. 230
PROVISIONAL REMEDIES .......................... 216 JUDICIAL NOTICE OF FOREIGN LAWS, LAW OF
NATURE....................................................... 216 NATIONS AND MUNICIPAL ORDINANCE ....... 230
WHEN NOT AVAILABLE ....................... 216 Foreign Laws ............................................. 230
KINDS OF PROVISIONAL REMEDIES...... 217 LAW OF NATIONS ................................ 230
PRELIMINARY ATTACHMENT ............ 217 OBJECT (REAL) EVIDENCE ......................... 231
FLOWCHARTS OF CRIMINAL PROCEDURE NATURE OF OBJECT EVIDENCE ...................... 231
........................................................................... 218 REQUISITES FOR ADMISSIBILITY ...................... 231
EVIDENCE ................................ 223 CATEGORIES OF OBJECT EVIDENCE ................ 231
DEMONSTRATIVE EVIDENCE .......................... 231
GENERAL PRINCIPLES ................................ 223 VIEW OF AN OBJECT OR SCENE ...................... 231
CONCEPT OF EVIDENCE .................................. 223 DOCUMENTARY EVIDENCE ..................... 232
SCOPE OF THE RULES OF EVIDENCE ................ 223
MEANING OF DOCUMENTARY EVIDENCE ...... 232
EVIDENCE IN CIVIL CASES VERSUS EVIDENCE IN
REQUISITES FOR ADMISSIBILITY ...................... 232
CRIMINAL CASES............................................ 223
BEST EVIDENCE RULE .................................... 232
PROOF VERSUS EVIDENCE ............................... 223
When Applicable........................................ 232
FACTUM PROBANS AND FACTUM PROBANDUM
MEANING OF ORIGINAL OF DOCUMENT .. 232
....................................................................... 224
Secondary Evidence ................................... 233
ADMISSIBILITY OF EVIDENCE ................. 224 PAROL EVIDENCE RULE ................................. 233
Requisites For Admissibility of Evidence .... 224 Parol Evidence Rule v. Best Evidence Rule. 234
Relevance of Evidence and Collateral Matters AUTHENTICATION AND PROOF OF DOCUMENTS
.................................................................. 224 ...................................................................... 234
1. Multiple admissibility ....................... 224 Public and Private Documents................... 234
2. Conditional admissibility .................. 224 When a Private Writing Requires
3. Curative admissibility ....................... 224 Authentication; Proof of Private Writing ... 235
Direct and Circumstantial Evidence ........... 225 Other modes of authentication ................... 235
Positive and Negative Evidence .................. 225 When Evidence of Authenticity of a Private
Competence and Credible Evidence ............. 225 Writing is not Required ............................. 235
How to Prove Genuineness of a Handwriting
BURDEN OF PROOF AND BURDEN OF .................................................................. 235
EVIDENCE ....................................................... 225

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Public Documents as Evidence; Proof of Character Evidence in Criminal Cases........ 256

Official Records.......................................... 236 Character Evidence in Civil Cases .............. 256
Attestation of a Copy.................................. 236
OFFER & OBJECTION ................................... 256
Public Record of a Private Document ......... 236
Proof of Lack of Record ............................... 236 OFFER OF EVIDENCE ...................................... 256
How Judicial Record is Impeached .............. 236 WHEN TO MAKE AN OFFER ........................... 257
Proof of Notarial Documents ...................... 236 Procedure Before Documentary and Object
How to Explain Alterations in a Document 236 Evidence Can be Considered by the Court .. 257
Documentary Evidence in an Unofficial OBJECTION ..................................................... 257
Language ................................................... 237 Classifications of Objections....................... 257
Effect of General Objection......................... 257
TESTIMONIAL EVIDENCE .......................... 237
REPETITION OF AN OBJECTION ....................... 258
QUALIFICATIONS OF A WITNESS ..................... 237 RULING .......................................................... 258
COMPETENCY VERSUS CREDIBILITY OF A STRIKING OUT OF AN ANSWER ...................... 258
WITNESS......................................................... 237 TENDER OF EXCLUDED EVIDENCE.................. 258
DISQUALIFICATIONS OF A WITNESS ................ 237
Disqualification by Reason of Mental Capacity SPECIAL RULES ...................... 260
or Immaturity ............................................ 237 I. REVISED RULES ON SUMMARY
Disqualification by Reason of Marriage ...... 238 PROCEDURE .................................................. 260
Disqualification by Reason of Death or
Insanity of Adverse Party........................... 238 PROHIBITED PLEADINGS AND MOTIONS
Disqualification by Reason of Privileged ...................................................................... 260
Communication ......................................... 239 EFFECT OF FAILURE TO ANSWER .......... 261
EXAMINATION OF A WITNESS......................... 241 PRELIMINARY CONFERENCE AND
Judicial Affidavit Rule ................................ 242 APPEARANCE OF PARTIES...................... 261
Rights and Obligations of a Witness ........... 243 II. RULES OF PROCEDURE FOR SMALL
Order in the Examination of Witnesses....... 243 CLAIMS CASES (AM NO. 08-8-SC).............. 262
Leading and Misleading Questions............. 244
Methods of Impeaching of Adverse Party’s SCOPE AND APPLICABILITY OF THE RULE
Witness ...................................................... 245 ...................................................................... 262
How the Witness is Impeached by Evidence of COMMENCEMENT OF SMALL CLAIMS
Inconsistent Statements ............................. 245 ACTION; RESPONSE.................................. 262
(Laying the predicate)................................. 245 PROHIBITED PLEADINGS AND MOTIONS
Evidence of Good Character of a Witness .... 245 ...................................................................... 262
ADMISSIONS AND CONFESSIONS .................... 246 APPEARANCES .......................................... 263
Res Inter Alios Acta Rule ........................... 246 HEARING; DUTY OF THE JUDGE ............ 263
Admission by a Party ................................. 246 FINALITY OF JUDGMENT ........................ 263
Admission by a Third Party ....................... 246 OBJECTIVES OF THE RULES ..................... 264
Admission by a Co-Partner or Agent .......... 247 SCOPE AND APPLICABILITY OF THE RULE
Admission by a Conspirator ....................... 247 ........................................................................... 264
Admission by Privies ................................. 247
Admission by Silence ................................. 248 CIVIL PROCEDURE....................................... 265
Confessions ................................................ 248 WHO MAY FILE ............................................. 265
Similar Acts as Evidence ............................ 248
PLEADINGS AND MOTIONS ALLOWED 265
HEARSAY RULE .............................................. 249
Meaning of Hearsay ................................... 249 PROHIBITION AGAINST TEMPORARY
Reason for Exclusion of Hearsay Evidence .. 249 RESTRAINING ORDER AND
Exceptions to the Hearsay Rule .................. 249 PRELIMINARY INJUNCTION................... 265
OPINION RULE ............................................... 254 PRE-TRIAL CONFERENCE; CONSENT
Opinion of Expert Witness ......................... 254 DECREE ....................................................... 265
Opinion of Ordinary Witness ..................... 255
NOTE: ............................................................... 265
CHARACTER EVIDENCE .................................. 256

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EXCEPTION: NEWLY-DISCOVERED ORDER TO COMMENT................................ 274

EVIDENCE. ...................................................... 265
JUDGMENT .................................................... 274
CONSENT DECREE ....................................... 265
OTHER COURT’S DUTIES ........................... 274
PROHIBITED PLEADINGS AND MOTIONS
RETURN OF WRIT......................................... 274
....................................................................... 266
TEMPORARY ENVIRONMENTAL PROCEDURE FOR WRIT OF
PROTECTION ORDER ................................ 266 CONTINUING MANDAMUS (Rule 8) ... 274
ENVIRONMENTAL PROTECTION ORDER CRIMINAL PROCEDURE ............................. 275
........................................................................... 266
WHO MAY FILE .......................................... 275
PERIOD OF EFFECTIVITY OF TEPO .......... 266 INSTITUTION OF CRIMINAL AND CIVIL
ACTION ....................................................... 276
DUTY OF THE COURT .................................. 266
ARREST WITHOUT WARRANT, WHEN
DISSOLUTION OF TEPO .............................. 266 VALID .......................................................... 276
STRATEGIC LAWSUIT AGAINST PUBLIC
GROUND FOR DISSOLUTION OF TEPO.. 266
PARTICIPATION ........................................ 276
NOTE: ............................................................... 266 PROCEDURE IN THE CUSTODY AND
RETURN OF WRIT OF EXECUTION ........... 266 DISPOSITION OF SEIZED ITEMS.............. 277
BAIL ............................................................. 278
CITIZEN’S SUIT ............................................. 266 ARRAIGNMENT AND PLEA .................... 278
RELIEFS ............................................................ 266 PRE-TRIAL .................................................. 278
PROCEDURE FOR CITIZEN’S SUIT ........... 267 PURPOSE OF PRELIMINARY CONFERENCE

........................................................................... 278
CITIZEN’S SUIT PROCEDURE .................... 267
DUTY OF THE JUDGE IN PRE-TRIAL ....... 279
PERMANENT ENVIRONMENTAL
PROTECTION ORDER; WRIT OF AGREEMENTS OR ADMISSIONS ............. 279
CONTINUING MANDAMUS .................... 267 PRE-TRIAL ORDER ....................................... 279
COURT’S DUTY.............................................. 267 SUBSIDIARY LIABILITIES ......................... 279
WRIT OF CONTINUING MANDAMUS ..... 267 PROVISIONAL REMEDIES ......................... 279
STRATEGIC LAWSUIT AGAINST PUBLIC EVIDENCE ...................................................... 279
PARTICIPATION ........................................ 267
SLAPP AS A DEFENSE; HOW ALLEGED PRECAUTIONARY PRINCIPLE ................ 279
.................................................................. 267 CONCEPT ................................................ 279
APPLICABILITY ...................................... 279
SPECIAL CIVIL ACTION .............................. 270 PRINCIPLE OF LAST RESORT .............. 279
WRIT OF KALIKASAN ............................... 270 STANDARDS FOR APPLICATION OF
PROHIBITED PLEADINGS AND MOTIONS THE PRECAUTIONARY PRINCIPLE .... 279
....................................................................... 271 DOCUMENTARY EVIDENCE ................... 280
DISCOVERY MEASURES ........................... 272 PHOTOGRAPHIC, VIDEO, AND SIMILAR
PROCEDURE FOR WRIT OF KALIKASAN EVIDENCE ADMISSIBLE WHEN
(Rule 7)...................................................... 273 AUTHENTICATED ................................. 280
WRIT OF CONTINUING MANDAMUS.... 273 ENTRIES IN OFFICIAL RECORDS AS
PRIMA FACIE EVIDENCE ..................... 280
WHEN AVAILABLE ....................................... 273
WHO MAY FILE .............................................. 273
CONTENTS OF PETITION ........................... 273
WHERE TO FILE PETITION ......................... 274
NO DOCKET FEES ......................................... 274

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CONCEPT OF REMEDIAL LAW
A significant element of the Philippine judicial process is its

employment of the adversarial system as an indispensable tool
in dispute resolution.
It provides for the rules and methods for the enforcement or

protection of a right or redress of a wrong.
ADVERSARIAL SYSTEM
Contending parties present before a court their conflicting

versions of an occurrence by shaping both the facts, issues
and evidence to suit their own perspectives and strategies
according with the body of rules that provide framework for
the entire litigation process.
SUBSTANTIVE LAW DISTINGUISHED

FROM REMEDIAL LAW
SUBSTANTIVE LAW PROCEDURAL LAW

Creates vested rights
(Prospective in No vested rights; can be
application); cannot be waived
waived
GENERAL Cannot be enacted by the

SC is empowered to
promulgate rules under its
SC rule-making power provided
PRINCIPLES in the Constitution
It prescribes the methods of
enforcing those rights and
obligations created by
It creates, defines and
substantive law. It provides for
regulates rights and
a procedural system for
duties concerning life,
obtaining redress for the
liberty or property which
invasion of rights and
when violated gives rise
violations of duties and
to a cause of action.
prescribe rules as to how suits
are filed, tried and decided by
the courts.
Enacted by the Congress Rules promulgated by the SC
RULE MAKING POWER OF THE SUPREME

COURT
Rule-making power, defined: The Supreme Court has the

constitutional power to promulgate rules concerning the
protection and enforcement of constitutional rights, pleading,
practice and procedure in all courts, the admission to the
practice of law, the Integrated Bar, and the legal assistance to
the underprivileged.1
1 Phil. Const., Sec. 5 (5), Art. VIII.

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LIMITATIONS ON THE RULE-MAKING POWER OF THE NATURE OF PHILIPPINE COURTS

SUPREME COURT
(a) The rules shall be simplified and inexpensive for the MEANING OF A COURT
speedy disposition of cases;
(b) It shall be uniform for the courts of the same grade;
Court, defined: It is an organ belonging to the judicial
(c) It shall not diminish, increase, or modify substantive
department, vested with judicial power, the function of
rights.2
which is the application of the laws to the controversies
brought before it as well as the public administration of
The rule-making power of the Court has expanded. The
justice.
Court for the first time, was given the power to disapprove
rules of procedure of special courts and quasi-judicial
Judge, defined: A Judge is a public officer appointed to
bodies. In addition, the 1987 Constitution took away the
preside over a court for the purpose of administering the
power of Congress to repeal, alter or supplement rules
law.
concering pleading, practice and procedure.3
COURT AS DISTINGUISHED FROM A JUDGE

POWER OF THE SUPREME COURT TO AMEND AND
SUSPEND PROCEDURAL RULES COURT JUDGE
Tribunal officially assembeled Simply an officer of
under authority of law such tribunal
The courts have the power to relax or suspend technical or Being in imagination comparable
A physical person
procedural rules or to except a case from their operation to a corporation
when compelling reasons so warrant or when the purpose of
May be considered an office A public officer
justice so requires.
(1) A court is an organ of the government with a
Reasons for suspension: personality separate and distinct from the person or
(a) Special or compelling circumstances; judge who sits
(b) Merits of the case; (2) The continuity of the court is not affected by the
(c) Cause not entirely attributable to the fault or negligence death, resignation, or cessation from service of the
of the party favoured by suspension; judge.
(d) Lack of any showing that the review sought is merely
frivolous and dilatory;
(e) Other party will not be unjustly prejudiced4 CLASSIFICATION OF COURTS
Compelling Reasons:
(a) Persuasive and weighty reasons as to relieve a litigant of COURTS OF ORIGINAL VS. APPELLATE JURISDICTION
an injustice commensurate with his failure to comply (1) Original Courts where actions or proceedings are filed
with the prescribed procedure. (Cu-Unjieng v. CA, 479 at the first instance.
SCRA 594) (2) Appellate when the courts have the power of review
(b) Rules are required to be followed except only for the the decisions or orders of a lower court.
most persuasive of reasons as when “transcendental
matters” of life, liberty or state security are involved.
(Mindanao Savings Loan v. De Flores, 469 SCRA 416) COURTS OF GENERAL AND SPECIAL JURISDICTION
(c) In many cases, the courts allowed appeals filed out of
(1) General Courts are courts which take cognizance of all
time where the delay was not due to the fault or
cases, civil or criminal, of a particular nature, or courts
negligence of the appellant and the appeals were
whose judgment is conclusive until modififed or
impressed with merit. (Siguenza v. CA 137 SCRA 570)
reversed on direct attack, and who are competent to
(d) The rules on legal standing and ripeness of the cases for
decide on their own jurisdiction.
judicial adjudication may be disregarded because of the
(2) Special Courts are those which can take cognizance of
grave nature of the allegations which tended to cast
Special Jurisdiction for a particular purpose, or are
doubt on the presumption of constitutionality in favor of
clothed with special powers for the performance of
the law (Abakada v. Purisima, 2008)
specified duties, beyond which they have no any kind
Power to Amend Rules:
Note: A Court may be considered “general” if it has the
The Supreme Court may promulgate procedural rules in all
competence to exercise jurisdiction over cases not falling
courts and it has the sole prerogative to amend, repeal or
within the jurisdiction of any court, tribunal or body. (Sec 19
even establish new rules for a more simplified and
[6], Sec. 20, BP 129) (e.g. RTC is a court of general
inexpensive process, and the speedy disposition of cases.5
jurisdiction)
2 Sec. 5(5), Art. VIII, Constitution of the Philippines 4 Sarmiento vs. Zaratan, February 5, 2007
3 Echegaray v. Secretary of Justice, 301 SCRA 96. 5 Neypes v. CA, 469 SCRA 633.

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CONSTITUTIONAL AND STATUTORY COURTS

Exception: Such doctrine does not apply where a third-party
STATUTORY
CONSTITUTIONAL COURT claimant is involved (Santos v. Bayhon, July 1991)
COURT
Created by the Constitution Created by Law
May be abolished by
Cannot be abolished by GENERAL PRINCIPLES ON JURISDICTION
repealing the Law
Congress w/out amending the
which created said
Constitution
court
DEFINITION OF JURISDICTION
e.g. SC (The only constitutional e.g. CTA, Family Power and authority of the courts to hear, try and decide a
court created by virtue of Art. Courts, case. It is also the power to enforce the determination, as the
VIII of the Constitution) Sandiganbayan judgment or decree is the end for which jurisdiction is
exercised, and it is only through the judgment and its
execution that the power of the courts is made efficacious and
its jurisdiction complete.
COURTS OF LAW AND EQUITY Jurisdiction over the subject matter is a matter of substantive
law because it is conferred by law. It cannot be waived,
(1) Court of Law is any judicial or quasi judicial tribunal
enlarged, and is not subject to stipulation by the parties.
that decides a case according to promulgated laws.
However, jurisdiction over the parties, issue and the res are
(2) Court of Equity is one which administers justice
governed by procedural laws.
according to the general principles of fairness and
equity. It adjudicates a controversy according to the
common precepts of what is right and just w/out JUDICIAL POWER
inquiring into the terms of the statute.
The duty of the Courts of Justice to settle actual controversies
Probate Courts are those whose basic jurisdiction is to involving the legally demandable and enforceable rights. It
administer justice in matters relating to decedent states. includes the power to determine grave abuse of discretion
amounting to lack or excess of jurisdiction. (Art. VIII Sec. 3,
1987 Constitution)
PRINCIPLE OF JUDICIAL HIERARCHY

JUDICIAL REVIEW
The SC’s power to declare a law, treaty, international or
The policy means that a higher court will not entertain direct executive agreement, presidential decree, proclamation,
resort to it unless the redress desired cannot be obtained in order, instruction, ordinance or regulation as
the appropriate lower courts. unconstitutional.
Exception: The Doctrine of Hierarchy of Courts may be

disregarded if warranted by the nature and importance of the DUTY OF A COURT TO DETERMINE ITS JURISDICTION:
issues raised in the interest of speedy justice and to avoid
(1)The Court must first consider the question of jurisdiction
future litigations. Hence, under the doctrine of liberal
before anything else. (Court need not wait for a motion raised
construction, the SC may suspend its own rules (e.g. cases of
by the parties)
national interest and of serious implications)
(2)If it finds that:
(1)It has Jurisdiction: It must exercise it.
Quesada v. Dept. of Justice: The SC is a court of last resort,
(2)It has no Jurisdiction: Court must dismiss the
and must so remain if it is to satisfactorily perform the
claim motu proprio.
functions assigned to it by the fundamental charter. It cannot
be burdened with the task of dealing with causes in the first
Note: Only Jurisdiction over the Subject Matter is Conferred
instance. Its original jurisdiction should be exercised only
by Substantive Law. Jurisdiction over the parties, issue and
where absolutely necessary or where serious important
the res are governed by procedural laws.
reason exist.
REQUISITES FOR VALID EXERCISE OF
DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF JURISDICTION:
CRIMINAL ACTION CIVIL ACTION
JUDICIAL STABILITY
Jurisdiction over the
Jurisdiction over the parties
accused
General Rule: No Court has the authority to interfere by Jurisdiction over the Jurisdiction over the subject
injunction with the judgment of another court of coordinate offense matter
jurisdiction or to pass upon or scrutinize and much less Jurisdiction over the Jurisdiction over the res
declare as unjust a judgment of another court of equal territory (Venue is Jurisdiction over the issues
jurisdiction. (Industrial Enterprise v. CA, 1990) Jurisdiction) of the case
The doctrine of non-interference is also applicable to

administrative bodies. (Philippine Sinter Corporation v. Cagayan
Electric Power and Light Co., Inc., 381 SCRA 582)

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JURISDICTION OF COURTS (7) When the findings are contrary to the trial court;
(8) When the findings are conclusions without citation of a
specific evidence on which they are based;
(9) When the facts set forth in the petition as well as in the
SUPREME COURT petitioner’s main and reply briefs are not disputed by the
respondent;
a. EXCLUSIVE ORIGINAL JURISDICTION IN THE (10) When the findings of fact are premised on the supposed
PETITIONS FOR CERTIORARI, PROHIBITION, AND absence of evidence and contradicted by the evidence on
MANDAMUS AGAINST THE: record; and
(1) Court of Appeals (11) When the Court of Appeals manifestly overlooked
(2) COMELEC certain relevant facts not disputed by the parties, which, if
(3) Commission on Audit properly considered, could justify a different conclusion.
(4) Sandiganbayan
(5) Court on Tax Appeals (R.A. No. 9282) CASES WHICH MUST BE HEARD EN BANC:
(a) All cases involving the constitutionality of a treaty,
b. CONCURRENT ORIGINAL JURISDICTION WITH THE international or executive agreement, or law;
COURT OF APPEALS FOR CERTIORARI, PROHIBITION, (b) All cases which under the ROC are required to be heard
AND MANDAMUS AGAINST THE: en banc;
(1) RTC (c) All cases involving the constitutionality, application, or
(2) Sandiganbayan operation of presidential decrees, proclamations, orders,
(3) Shari’ah District Court instructions, ordinances, and other regulations;
(4) NLRC (d) Cases heard by a division when the required majority in
(5)Quasi-judicial agencies the division is not obtained;
Note: Subject to the doctrine of hierarchy of Courts (e) Cases involving the modification or reversal of a doctrine
or principle of law laid down previously by the SC in a
c. CONCURRENT ORIGINAL JURISDICTION WITH THE decision rendered en banc or by a division;
CA AND RTC IN PETITIONS FOR CERTIORARI, (f) Cases involving the discipline of judges of lower courts
PROHIBITION AND MANDAMUS AGAINST: (g) Contests relating to the election, returns, and
Lower courts and bodies and in petitions for quo warranto, qualifications of the President or Vice President
and writs of habeas corpus, all subject to the doctrine of
hierarchy of courts. ANCILLARY JURISDICTION
(a) Writ of injunction
d. CONCURRENT ORIGINAL JURISDICTION WITH THE (b) Attachment
RTC IN CASES AFFECTING AMBASSADORS, PUBLIC (c) Receivership
MINISTERS AND CONSULS. (d) Replevin (except Support Pendente Lite)
e. APPELLATE JURISDICTION BY WAY OF PETITION FOR

COURT OF APPEALS
REVIEW ON CERTIORARI (APPEAL BY CERTIORARI
UNDER RULE 45) AGAINST CA, SANDIGANBAYAN, RTC
ON: a. EXCLUSIVE ORIGINAL JURISDICTION IN ACTIONS
(1) Pure questions of law; FOR THE ANNULMENT OF THE JUDGMENTS OF THE
(2) Cases involving the constitutionality or validity RTC.
of a law or treaty, international or executive
agreement, law, presidential decree, proclamation, b. CONCURRENT ORIGINAL JURISDICTION with:
order, instruction, ordinance or regulation, legality (1) With SC to issue writs of certiorari, prohibition and
of a tax, impost, assessment, toll or penalty, mandamus against the RTC, CSC, other quasi-judicial
jurisdiction of a lower court; and CTA in its agencies mentioned in Rule 43, and the NLRC, and writ
decisions rendered en banc. of kalikasan;
(2) With the SC and RTC to issue writs of certiorari,
The SC is not a trier of facts which means that passing upon prohibition and mandamus against lower courts and
factual issues is not within the province of the Supreme Court. bodies and writs of quo warranto, habeas corpus,
The findings of facts of the CA are not generally reviewable whether or not in aid of its appellate jurisdiction, and
by the SC . writ of continuing mandamus on environmental cases;
(3) With SC, RTC and Sandiganbayan for petitions for writs
EXCEPTIONS IN WHICH FACTUAL ISSUES MAY BE of amparo and habeas data
RESOLVED BY SC:
(1) When the findings are grounded entirely on speculation, c. EXCLUSIVE APPELLATE JURISDICTION
surmises or conjectures; (1) By way of ordinary appeal from the RTC and the Family
(2) When the inference made is manifestly mistaken, absurd Courts;
or impossible; (2) By way of petition for review from the RTC rendered by
(3) When there is grave abuse of discretion; the RTC in the exercise of its appellate jurisdiction;
(4) When the judgment is based on misapprehension of facts; (3) By way of petition for review from the decisions,
(5) When the findings of facts are conflicting; resolutions, orders or awards of the CSC and other
(6) When in making its findings the CA went beyond the bodies mentioned in Rule 43 and of the Office of the
issues of the case, or its findings are contrary to the Ombudsman in administrative disciplinary cases;
admissions of both the appellant and the appellee;

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(4) Over decisions of MTCs in cadastral or land registration (4) Admiralty and maritime jurisdiction where the demand
cases pursuant to its delegated jurisdiction; this is or claim exceeds P300,000 (outside MM) or where such
because decisions of MTCs in these cases are appealable demand or claim which exceeds P400,000 in MM;
in the same manner as decisions of RTCs. (5) Other actions involving property valued at more than
P300,000 outside MM or more than P400,000 in MM
(6) In all other cases in which the demand, exclusive of
interest, damages and costs of suit and attorneys fees.
SANDIGANBAYAN
b. ORIGINAL EXCLUSIVE JURISDICTION OVER CASES
NOT FALLING WITHIN THE JURISDICTION OF ANY
TWO KINDS OF JURISDICTION COURT, TRIBUNAL, PERSON OR BODY EXERCISING
(1) Civil jurisdiction JUDICIAL OR QUASI-JUDICIAL FUNCTIONS
(2) Criminal jurisdiction
c. CONCURRENT AND ORIGINAL JURISDICTION:
a. ORIGINAL JURISDICTION IN ALL CASES INVOLVING: (1) With the Supreme Court in actions affecting
(1) Violations of RA 3019 (Anti-Graft and Corrupt Practices ambassadors, other public ministers and consuls;
Act); (2) With the SC and CA in petitions for certiorari,
(2) Violations of RA 1379 (Anti-Ill-Gotten Wealth Act); prohibition and mandamus against lower courts and
(3) Bribery (Chapter II, Sec. 2, Title VII, Book II, RPC) where bodies in petitions for quo warranto, habeas corpus, and
one or more of the principal accused are occupying the writ of continuing mandamus on environmental cases;
following positions in the government, whether in (3) With the SC, CA and Sandigabayan in petitions for writs
permanent, acting or interim capacity at the time of the of habeas data and amparo
commission of the offense:
(4) Officials of the executive branch occupying the positions d. APPELLATE JURISDICTION OVER CASES DECIDED BY
of regional director and higher, otherwise classified as LOWER COURTS IN THEIR RESPECTIVE TERRITORIAL
Grade 27 and higher, of the Compensation and Position JURISDICTIONS
Classification Act of 1989 (RA 6758);
(5) Members of Congress and officials thereof classified as (1) GENERAL JURISDICTION OVER CASES NOT
G-27 and up under RA 6758; WITHIN THE EXCLUSIVE JURISDICTION OF
(6) Members of the Judiciary without prejudice to the ANY COURT, TRIBUNAL, PERSON OR BODY
provisions of the Constitution; EXERCISING JURISDICTION OF ANY COURT
(7) Chairmen and Members of the Constitutional
Commissions without prejudice to the provisions of the (2) RTC ACTING AS SPECIAL COMMERCIAL
Constitution; COURT IN CASES INVOLVING INTRA-
(8) All other national and local officials classified as Grade CORPORATE CONTROVERSIES UNDER THE
27 and higher under RA 6758. SECURITIES AND REGULATIONS CODE
(9) Other offenses or felonies committed by the public i. Devices or schemes employed by or any acts, of
officials and employees mentioned in Sec. 4(a) of RA the board of directors, business associates, its
7975 as amended by RA 8249 in relation to their office; officers or partnership, amounting to fraud and
(10) Civil and criminal cases filed pursuant to and in misrepresentation which may be detrimental to
connection with EO Nos. 1, 2, 14-A (Sec. 4, RA 8249) the interest of the public and/or of the
stockholder, partners, members of associations
b. CONCURRENT ORIGINAL JURISDICTION WITH SC, or organizations registered with the
CA AND RTC FOR PETITIONS FOR WRITS OF HABEAS Commission;
DATA AND AMPARO ii. Controversies arising out of intra-corporate or
partnership relations, between and among
c. APPELATE JURISDICTION OVER FINAL JUDGMENT, stockholders, members, or associates; between
RESOLUTIONS OR ORDERS OF RTC, WHETHER OWN any or all of them and the corporation,
ORIGINAL OR THEIR APPELATE JURISDICTION partnership or association of which they are
stockholders, members or associates,
respectively; and between such corporation,
partnership or association and the state insofar
REGIONAL TRIAL COURTS
as it concerns their individual franchise or right
to exist as such entity;
a. EXCLUSIVE ORIGINAL JURISDICTION: iii. Controversies in the election or appointments of
(1) Matters incapable of pecuniary estimation; directors, trustees, officers or managers of such
Examples of actions incapable of pecuniary estimation are: corporations, partnerships or associations.
(1) complaint for expropriation iv. Petitions of corporations, partnerships or
(2) action seeking to annul resolution of a GOCC associations to be declared in the state of
(3) action to annul deed of declaration of heirs suspension of payments in cases where the
(2) Title to, possession of, or interest in, real property with corporation, partnership or association
assessed value exceeding P20,000 (outside Metro possesses sufficient property to cover all its debts
Manila), or exceeds P50,000 in Metro Manila; but foresees the impossibility of meeting them
(3) Probate proceedings where the gross value of the estate when they respectively fall due or in cases where
exceeds P300,000 outside MM or exceeds P400,000 in the corporation, partnership or association has
MM; no sufficient assets to cover its liabilities, but is
under the management of a Rehabilitation

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Receiver or Management Committee created deprived by the

pursuant to this Decree. defendant; and
FAMILY COURTS The one year period is

The one-year period is
generally counted from
counted from the date of
(1) Petitions for guardianship, custody of children and the date of actual entry on
last demand.
habeas corpus involving children the property.
(2) Petitions for adoption of children and the revocation
thereof (3) Title to, or possession of, real property, or any interest
(3) Complaints for annulment of marriage, declaration of therein where the assessed value of the property or
nullity of marriage and those relating to status and interest therein does not exceed P20,000 outside MM or
property relations of husband and wife or those living does not exceed P50,000 in MM
together under different status and agreements, and (4) Delegated jurisdiction to hear and decide cadastral and
petitions for dissolution of conjugal partnership of gains land registration cases where there is no controversy
(4) Petitions for support and/or acknowledgment provided the value of the lad to be ascertained by the
(5) Petitions for declaration of status of children as claimant does not exceed P100,000
abandoned, dependent or neglected children, petitions (5) All cases of inclusion and exclusion of voters in their
for voluntary or involuntary commitment of children, respective cities or municipalities
the suspension, termination or restoration of parental (6) According to Sec 1 of BP 22, violation of BP 22 “shall be
authority and other cases cognizable under PD 603, EO punished by imprisonment of not less than thirty days
56 (1986) and other related laws but not more than one (1) year..”
(6) Petition for constitution of Family Home (RA 8369)
(7) Petition for declaration of status of children as Q: When can MTC handle Habeas corpus?
abandoned, dependent or neglected children; A: Yes, in certain cases. Sec. 35 of BP 129 deals with Special
(8) Petition for involuntary commitment of a child, or Jurisdiction in certain cases. It states that in the absence of all
removal of custody against child placement or child the Regional Trial Judges in a province or city, any
caring agency or individual; or commitment of disabled Metropolitan Trial Judge, Municipal Trial Judge, Municipal
child. (AM no. 05-11-04) Circuit Trial Judge may hear and decide petitions for a writ of
habeas corpus or applications for bail in criminal cases in the
province or city where the absent RTC judges sit.
METROPOLITAN TRIAL COURTS, MUNICIPALTRIAL

COURTS IN CITIES, MUNICIPAL TRIAL COURTS,
MUNICIPAL CIRCUIT TRIAL COURTS SHARIAH COURTS
a. EXCLUSIVE ORIGINAL JURISDICTION a. EXCLUSIVE ORIGINAL JURISDICTION

(1) Civil actions and probate proceedings, testate and (1) All cases involving custody, guardianship, legitimacy,
intestate, including the grant of provisional remedies in paternity and filiation arising under the Code of Muslim
proper cases, where the value of the personal property, Personal Laws;
estate, or amount the demand does not exceed P200,000 (2) All cases involving disposition, distribution and
outside MM or does not exceed P400,000 in MM, settlement of the estate of the deceased Muslims, probate
exclusive of interest, damages of whatever kind, of wills, issuance of letters of administration or
attorney’s fees, litigation expenses, and costs; appointment of administrators or executors regardless
(2) Summary proceedings of forcible entry and unlawful of the nature or the aggregate value of the property;
detainer, violation of rental law; (3) Petitions for the declaration of absence and death and for
the cancellation or correction of entries in the Muslim
Registries mentioned in Title VI of Book Two of this
Code;
(4) All actions arising from customary contracts in which
FORCIBLE ENTRY UNLAWFUL DETAINER
the parties are Muslims, if they have not specified which
The possession of the
law shall govern their relations; and
The possession of the defendant is lawful from
(5) All petitions for mandamus, prohibition, injunction,
defendant is unlawful the beginning becomes
certiorari, habeas corpus, and all other auxiliary writs
from the beginning; issue illegal by reason of the
and processes in aid of its appellate jurisdiction.
is which party has prior de expiration or termination of
facto possession; his right to the possession
b. CONCURRENT JURISDICTION
of the property;
(1) Petitions by Muslims for the constitution of a family
The law does not require Plaintiff must first make home, change of name and commitment of an insane
previous demand for the such demand which is person to an asylum;
defendant to vacate; jurisdictional in nature; (2) All other personal and real actions not mentioned in
The plaintiff must prove paragraph (d) of the immediately preceding topic,
The plaintiff need not have
that he was in prior wherein the parties involved are Muslims except those
been in prior physical
physical possession of the for forcible entry and unlawful detainer, which shall fall
possession;
premises until he was

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under the exclusive original jurisdiction of the Exception: When the appearance is precisely to object to the
Municipal Circuit Court; and jurisdiction of the court over his person, it is not considered
(3) All special civil actions for interpleader or declaratory as an appearance in court and should not be construed as a
relief wherein the parties are Muslims or the property submission by the defendant of his person to the jurisdiction
involved belongs exclusively to Muslims. of the court—this so called the concept of SPECIAL
APPEARANCE6
c. APPELLATE JURISDICTION
(1) Shari'a District Courts shall have appellate jurisdiction
over all cases tried in the Shari'a Circuit Courts within
JURISDICTION OVER THE SUBJECT
their territorial jurisdiction.
(2) The Shari'a District Court shall decide every case MATTER
appealed to it on the basis of the evidence and records
transmitted as well as such memoranda, briefs or oral
arguments as the parties may submit. MEANING OF JURISDICTION OVER THE SUBJECT
MATTER
JURISDICTION OVER THE PARTIES

It is the power to deal with the general subject involved in the
action, and means not simply jurisdiction of the particular
The manner by which the court acquires jurisdiction over the case then occupying the attention of the court but jurisdiction
parties depends on whether the party is the plaintiff or the of the class of cases to which the particular case belongs. It is
defendant. the power or authority to hear and determine cases to which
the proceeding is question belongs.
The mode of acquisition of jurisdiction over the plaintiff and
the defendant applies to both ordinary and special civil When a complaint is filed in court, the basic questions that
actions like mandamus or unlawful detainer cases. ipso facto are to be immediately resolved by the court on its
own:
(1) What is the subject matter of their complaint filed before
HOW JURISDICTION OVER THE PLAINTIFF IS the court?
(2) Does the court have jurisdiction over the said subject
ACQUIRED
matter of the complaint before it?
Jurisdiction over the plaintiff is acquired by his filing of the Answering these questions inevitably requires looking into
complaint or petition. By doing so, he submits himself to the the applicable laws conferring jurisdiction.
jurisdiction of the court.
This presupposes payment of the docket fees. Payment of

docket fees vests a trial court with jurisdiction over the JURISDICTION VERSUS THE EXERCISE OF
subject matter or nature of the action JURISDICTION
Jurisdiction is the power or authority of the court, while the

HOW JURISDICTION OVER THE DEFENDANT IS exercise of this power is called the exercise of jurisdiction.
ACQUIRED
Jurisdiction is not the same as the exercise of jurisdiction. As
(1) Acquired either by his Voluntary appearance in court distinguished from the exercise of jurisdiction, jurisdiction is
and his submission to its authority; or the authority to decide a cause, and not the decision rendered
(2) By service of summons therein. Where there is jurisdiction over the person and the
subject matter, the decision on all other questions arising in
Note: Jurisdiction over the person of the defendant is required the case is but an exercise of the jurisdiction. And the errors
only in an action in personam; it is not a prerequisite in an which the court may commit in the exercise of jurisdiction are
action in rem and quasi in rem. In an action in personam, merely errors of judgment which are the proper subject of an
jurisdiction over the person is necessary for the court to appeal.7
validly try and decide the case, while in a proceeding in rem
or quasi in rem, jurisdiction over the person of the defendant
is not a prerequisite to confer jurisdiction on the court,
provided the latter has jurisdiction over the res. ERROR OF JURISDICTION AS DISTINGUISHED FROM
ERROR OF JUDGMENT
VOLUNTARY APPEARANCE
General Rule: The defendant‘s voluntary appearance shall be
equivalent to service of summons.(Sec 20, Rule 14, ROC) Provided the court has jurisdiction, all errors committed in
the exercise therof are merely errors of judgments and are
proper subjects of an appeal.
6 Lhuillier v. British Airways, G.R. No. 171092

7 Tolentino v. Leviste, G.R. No. 156118

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Note: The Court does not automatically lose Jurisdiction by

Error of Jurisdiction Error of Judgment mere allegation of the defense of tenancy. There must first be
Where the Courts, officer Errors committed in the a reception of evidence and the fact of tenancy should be
or quasi-judicial body acts exercise of jurisdiction shown after hearing as the real issue.
without or in excess of (Includes: Errors in
jurisdiction procedure or mistakes in
the Court’s Findings) In Criminal Actions, jurisdiction over the Subject Matter is
Renders the Judgment and Does not render the determined by:
proceedings void or at Court’s decision void. (a) The allegations of the Complaint or Information
least voidable Cannot be collaterally considering: (a) the nature of the offense and the
impeached. penalty attached; (b) the fact that the offense was
Does not confer any Judgment is binding on the committed within the territiorial jurisdiction of the
Rights: parties unless reversed or court.
annulled in a direct (b) In relation to the law prevailing at the time of the
Gen Rule: May at any time proceeding filing of the criminal complaint or information
be collaterally attacked (commencement of action) and the penalty
provided by the law for the crime charged at the
Exception: Unless the time of its commission.
party raising the issue is
barred by estoppel DOCTRINE OF ADHERANCE OF JURISDICTION
Reviewable by Certiorari Reviewable on Appeal
(Rule 65) This doctrine means that once jurisdiction has attached, it
cannot be ousted by subsequent happenings or events,
although of a character which would have prevented
jurisdiction from attaching in the first instance, and it retains
HOW JURISDICTION IS CONFERRED AND jurisdiction until it finally disposes of the case.8
DETERMINED
Even the finality of the judgment does not totally deprive the
It is Confered by Law. It CANNOT be conferred court of jurisdiction over the case. What the court loses is the
(Substantive Law not by: power to amend, modify or alter the judgment. Even after the
Procedural Law) judgment has become final, the court retains jurisdiction to
Such Jurisdiction must be Consent, contract, enforce and execute it (Echegaray vs. Secretary of Justice, 301
invoked by filing the voluntary submission or SCRA 96).
proper complaint or acquiescence of parties; It is not affected by:
petition with the court. Administrative policy of (1) A subsequent valid amendment of the information;
any court; (2) A new law vesting jurisdiction over such proceedings in
Court’s unilateral another tribunal.
assumption;
Acquiescence or erroneous
belief by the court OBJECTIONS TO JURISDICTION OVER THE SUBJECT
MATTER
Applicable Law: Jurisdiction is governed by the law at the
time the action is commenced.
When it appears from the pleadings or evidence on record
In Civil Actions, jurisdiction over the subject matter is that the court has no jurisdiction over the subject matter, the
determined by: The material allegations of the complaint or court shall dismiss the same. (Sec. 1, Rule 9)
petition and nature of the principal action is controlling.
(Not those of incidental or ancillary claims) The court may on its own initiative object to an erroneous
jurisdiction and may ex mero motu take cognizance of lack of
Notes: jurisdiction at any point in the case and has a clearly
Jurisdiction is acquired by the court regardess of whether recognized right to determine its own jurisdiction. The
the plaintiff is entitled to his claims. earliest opportunity of a party to raise the issue of jurisdiction
is in a motion to dismiss filed before the filing or service of an
Jurisdicition does not depend on the amount ultimately answer. (Ace Publications v. Commissioner of Customs, 1964)
substantiated or awarded in the course of the trial. It is not
determined either by the defenses or by the evidence in trial. Jurisdiction over the subject matter may be raised at any stage
of the proceedings, even for the first time on appeal. When the
Exception: Where the tenancy in ejectment cases is averred court dismisses the complaint for lack of jurisdiction over the
by way of defense and is proved to be the real issue, the case subject matter, it is common reason that the court cannot
should be dismissed for lack of jurisdiction. The case should remand the case to another court with the proper jurisdiction.
be properly filed with the Court of Agrarian Reform now Its only power is to dismiss and not to make any other order.
DARAB. (De la Cruz v. CA, 2006) (Lamsis v. Dong-E, 2010).
Under the omnibus motion rule, a motion attacking a

pleading like a motion to dismiss shall include all grounds
8 Aruego, Jr. v. CA, G.R. No. 112193, March 13, 1996.

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then available and all objections not so included shall be decision was rendered by the court against the party raising
deemed waived. The defense of lack of jurisdiction over the the issue of jurisdiction and after seeking affirmative relief
subject matter is however, a defense not barred by the failure from the court and after participating in all stages of the
to invoke the same in a motion to dismiss already filed. Even proceedings. This doctrine is based upon grounds of public
if a motion to dismiss was filed and the issue of jurisdiction policy and is principally a question of the inequity or
was not raised therein, a party may, when he files an answer, unfairness of permitting a right or claim to be enforced or
raise the lack of jurisdiction as an affirmative defense because asserted.
this defense is not barred under the omnibus motion rule.
The SC frowns upon the undesirable practice of submitting
Rule on Lack of Jurisdiction: one‘s case for decision, and then accepting the judgment
General Rule: Lack of Jurisdiction over the Subject Matter of an only if favorable, but attacking it for lack of jurisdiction if it
action cannot be waived by the parties and may be raised at is not (BPI v. ALS Mgt. & Devt. Corp., 427 SCRA 564).
any stage of the proceeding, the court being authorized to
dismiss the case motu propio.
JURISDICTION OVER THE ISSUES
Exceptions:
(1) Estoppel by Laches – Applies only to exceptional cases
such as in the case of Tijam (see below) where 15 years
It is the power of the court to try and decide issues raised in
have passed before the appealing party questioned the
the pleadings of the parties.
court’s jurisdiction. The objection for lack of jurisdiction
has been raised so belatedly that it gave rise to the
An issue is a disputed point or question to which parties to an
presumption that the party entitled to assert it had
action have narrowed down their several allegations and
abandoned or declined to assert it.
upon which they are desirous of obtaining a decision. Where
there is no disputed point, there is no issue.
Note: The ruling in Tijam v. Sibonghanoy (23 SCRA 29, 1968) is
the exception rather than the rule. Estoppel by laches may be
Generally, jurisdiction over the issues is conferred and
invoked to bar the issue of jurisdiction only in cases which the
determined by the pleadings of the parties. The pleadings
factual milieu is analogous to that of Tijam. (Riano)
present the issues to be tried and determine whether or not
the issues are of fact or law.
In applying the principle of estoppel by laches in the
exceptional case of Sibonghanoy, the Court therein considered
Jurisdiction over the issues may also be determined and
the patent and revolting inequity and unfairness of having the
conferred by stipulation of the parties as when in the pre-trial,
judgment creditors go up their Calvary once more after more
the parties enter into stipulations of facts and documents or
or less 15 years. (Tijam)
enter into agreement simplifying the issues of the case.
It may also be conferred by waiver or failure to object to the
(2) Estoppel in Pais – where the defendant actively
presentation of evidence on a matter not raised in the
participates in all stages of the proceedings before the
pleadings. Here the parties try with their express or implied
trial court and invokes its authority by asking for an
consent issues not raised by the pleadings. The issues tried
affirmative belief.
shall be treated in all respects as if they had been raised in the
pleadings. (Riano)
Heirs of Bertuldo Hinog v. Melicor: A party who has invoked the
jurisdiction of the court over a particular matter to secure an
Issues which are not raised in the pleading and tried with the
affirmative relief cannot be permitted to afterwards deny that
express or implied consent of the parties, amendment is
same as it would already amount to estoppel. (455 SCRA 460,
allowed. (Sec 5, Rule 10)
2005)
EFFECT OF ESTOPPEL ON OBJECTION TO JURISDICTION OVER THE RES OR THE PROPERTY IN

JURISDICTION LITIGATION
The active participation of a party in a case is tantamount to Jurisdiction over the res refers to the court‘s jurisdiction over
recognition of that court‘s jurisdiction and will bar a party the thing or the property which is the subject of the action.
from impugning the court‘s jurisdiction. Jurisprudence Jurisdiction over the res may be acquired by the court by
however, did not intend this statement to lay down the placing the property of thing under its custody (custodia
general rule. (Lapanday Agricultural & Development Corp. legis).
v. Estita, 449 SCRA 240; Mangaiag v. Catubig-Pastoral, 474 Example: attachment or garnishment of property
SCRA 153). The Sibonghanoy applies only to exceptional
circumstances. The general rule remains: a court‘s lack of It may also be acquired by the court through statutory
jurisdiction may be raised at any stage of the proceedings authority conferring upon it the power to deal with the
even on appeal. (Francel Realty Corp. v. Sycip, 469 SCRA 424; property or thing within the court‘s territorial jurisdiction.
Concepcion v. Regalado, 2007)
Example: suits involving the status of the parties or suits
The doctrine of estoppels by laches in relation to objections to involving the property in the Philippines of non-resident
jurisdiction first appeared in the landmark case of Tijam vs. defendants.
Sibonghanoy, 23 SCRA 29, where the SC barred a belated
objection to jurisdiction that was raised only after an adverse

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Jurisdiction over the res is acquired by the seizure of the thing pecuniary estimation, would fail under the jurisdiction of the
under legal process whereby it is brought into actual custody Regional Trial Courts.
of law, or it may result from the institution of a legal Thornton v. Thornton: Family Courts have concurrent
proceeding wherein the power of the court over the thing is jurisdiction with the CA and SC in petitions for Habeas
recognized and made effective (Banco Español Filipino vs. Corpus where the Custody of Minors is at issue.
Palanca, 37 Phil. 291). BPI v. ALS: The Jurisdiction of the HLURB includes the
regulation of the real estate industry and actions for
Note: In Civil Actions, jurisdicition over the res and the correcting defects and deficiencies in the condominium unit.
subject matter is sufficient to vest jurisdicition in the court
even in the absence of jurisdiction over the person of the
defendant who does not reside and cannot be found in the JURISDICTION OVER CASES COVERED BY
Philippines
THE REVISED RULES OF PROCEDURE FOR
Exclusionary Principle, defined SMALL CLAIMS CASES, THE REVISES
Court first taking cognizance shall exercise jurisdiction to the
exclusion of all other courts and cannot be divested by RULES ON SUMMARY PROCEDURE, AND
subsequent act of interested parties. BARANGAY CONCILIATION
Equity Jurisdiction, defined
The power of the Court to resolve issues presented in a case
JURISDICTION OVER SMALL CLAIMS (A.M. NO. 08-9-7-
in accordance with the natural rules of fairness and justice in
SC)
the absence of a clear, positive law governing such issues.
Application of Equity Jurisdiction WHEN APPLICABLE [Sec.2]:

Equity seeks to reach and to do complete justice where the Actions before the Metropolitan Trial Courts, Municipal Trial
courts of law are incompetent to do so because of the Courts in Cities, Municipal Trial Courts and Municipal
inflexibility of the rules and the lack of power to adapt their Circuit Trial Courts for payment of money where the value of
judgments to the special circumstance. (Air Manila v. Court the claim does not exceed Two Hundred Thousand Pesos
of Industrial Relations, 83 SCRA 579) (P200,000.00), exclusive of interest and costs.
Equity is not applied when there is a law applicable to a given
case. It is availed of only in the absence of law or judicial CASES COVERED
pronouncements (Velez v. Demetrio, Aug 02) Purely civil in nature where the claim or relief prayed for by
the plaintiff is solely for payment or reimbursement of sum of
Law which governs Jurisdiction money.
Jurisdiction being a matter of substantive law, the established The civil aspect of criminal actions, either filed before the
rules is that the statute in force at the time of the institution of the criminal action, or reserved upon the filing
commencement of the action determines jurisdiction of the of the criminal action in court (pursuant to Rule 111 of the
Court (Cang v. CA, 296 SCRA 128) Revised Rules of Criminal Procedure)
Question of CLAIMS OR DEMANDS COVERED [Sec. 4]

Question of Law
Fact The enforcement of a barangay amicable settlement or an
When the doubt or difference arises as When doubt or arbitration award involving a money claim covered by the
to what the law is on certain set of difference Rule.
facts. Must not involve an arises as to the
examination of the probative value of truth or For money owed under any of the following:
the evidence presented by the litigants falsehood of (1) Contract of Lease;
or any of them. The resolution of the the alleged (2) Contract of Loan;
issue must rest solely on what the law facts. (3) Contract of Services;
provides on the given set of (4) Contract of Sale; or
circumstances. (5) Contract of Mortgage;
Herrera v. Bollos: Jurisdiction over the Subject Matter is For damages arising from any of the following:
determined by the allegations of the Complaint at the time of (a) Fault or negligence;
its filing, irrespective of whether or not the plaintiff is entitled (b) Quasi contract; or
to recover upon all or some of the claims asserted therein. (c) Contract;
Oca v. CA: As a general rule, lack of jurisdiction over the
subject matter can be objected to at any instance, except when
the litigant is barred by laches or estoppel by: JURISDICTION OVER CASES COVERED BY THE REVISED
(1) Never disputing the Jurisdiction at any stage of the RULES ON SUMMARY PROCEDURE
proceeding notwithstanding several opportunities;
(2) Voluntarily submitting to the Jurisdiction by tendering
responsive pleadings, filing a counterclaims, attending Actions before the Metropolitan Trial Courts, Municipal Trial
conferences, participating in the hearings and appealing Courts in Cities, Municipal Trial Courts and Municipal
the adverse decision. Circuit Trial Courts falling under:
Mijares v. Ranada: B.P. 129 reveals that the instant complaint CIVIL CASES CRIMINAL CASES
for enforcement of a foreign judgment, even if capable of

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All cases of forcible Violation of Bouncing Checks (1) Where one party is the government, or any subdivision or
entry and unlawful Law (BP 22) instrumentality thereof;
detainer, irrespective of Violations of Municipal or (2) Where one party is a public Officer or employee and the
the amount of damages City Ordinances dispute relates to the performance of his official functions;
or unpaid rentals sought Violations of Rental Law (3) Where the dispute involves real properties located in
to be recovered. Where All other criminal cases different cities and municipalities, unless the parties thereto
attorney‘s fees are where the penalty prescribed agree to submit their difference to amicable settlement by an
awarded, the same shall is imprisonment not appropriate Lupon;
not exceed P20,000; exceeding 6 months, or fine (4) Any complaint by or against corporations, partnerships or
not exceeding P1,000, or both, juridical entities, since only individuals shall be parties to
All other cases where irrespective of other Barangay conciliation proceedings either as complainants or
the total amount of the imposable penalties, respondents [Sec. 1, Rule VI, Katarungang Pambarangay
plaintiff‘s claim does not accessory or otherwise, or of Rules];
exceed P100,000 the civil liability arising (5) Disputes involving parties who actually reside in
(outside MM) or therefrom, provided, that in barangays of different cities or municipalities, except where
P200,000 (in MM), offenses involving damage to such barangay units adjoin each other and the parties thereto
exclusive of interest and property through criminal agree to submit their differences to amicable settlement by an
costs. (except probate negligence, rule shall govern appropriate Lupon;
proceedings) where the imposable fine (6) Offenses for which the law prescribes a maximum penalty
does not exceed P10k. of imprisonment exceeding one [1] year or a fine of over
P5,000.00;
Note: Rule does not apply to a civil case where the cause of (7) Offenses where there is no private offended party;
action or criminal charge is pleaded or related in the same (8) Disputes where urgent legal action is necessary to prevent
complaint with another cause of action or criminal case injustice from being committed or further continued,
subject to the ordinary procedure; specifically the following:
a) Criminal cases where accused is under
DETERMINATION OF APPLICABILITY [Sec. 2] police custody or detention [Sec. 412 (b)
The court shall issue an order declaring whether or not the (1), Revised Katarungang Pambarangay
case shall be governed by this Rule. A patently erroneous Law];
determination of the Rule of Summary Procedure is a ground b) Petitions for habeas corpus by a person
for disciplinary action. illegally deprived of his rightful custody
over another or a person illegally
PROHIBITED PLEADINGS UNDER THE RULES OF deprived of or on acting in his behalf;
SUMMARY PROCEDURE: c) Actions coupled with provisional
(a) Motion to dismiss the complaint or to quash the remedies such as preliminary injunction,
complaint or information except on the ground of lack of attachment, delivery of personal
jurisdiction over the subject matter, or failure to comply with property and support during the
the barangay conciliation pendency of the action;
(b) Motion for a bill of particulars; d) Actions which may be barred by the
(c) Motion for new trial, or for reconsideration of a Statute of Limitations.
judgment, or for opening of trial; (9) Any class of disputes which the President may determine
(d) Petition for relief from judgment; in the interest of justice or upon the recommendation of the
(e) Motion for extension of time to file pleadings, Secretary of Justice;
affidavits or any other paper; (10) Where the dispute arises from the Comprehensive
(f) Memoranda; Agrarian Reform Law (CARL) (Secs. 46 & 47, R.A. 6657);
(g) Petition for certiorari, mandamus, or prohibition (11) Labor disputes or controversies arising from employer-
against any interlocutory order issued by employee relations (Montoya vs. Escayo,et al., 171 SCRA 442)
(h) the court; (12) Actions to annul judgment upon a compromise which
(i) Motion to declare the defendant in default; may be filed directly in court. (Sanchez vs. Tupaz, 158 SCRA
(j) Dilatory motions for postponement; 459)
(k) Reply;
(l) Third party complaints; Remedies of a party if the compromise or agreement in the
(m) Interventions. Lupong Tagapamayapa is not followed:
(a) under Section 417 of the Local Government Code, such
amicable settlement or arbitration award may be enforced by
JURISDICTION OVER CASES COVERED BY BARANGAY execution by the Barangay Lupon within six (6) months from
CONCILIATION the date of settlement;
(b) by filing an action to enforce such settlement in the
appropriate city or municipal court, if beyond the six-month
General Rule: ALL disputes are subject to Barangay period; or
conciliation pursuant to the Revised Katarungang (c) to consider it rescinded and insist upon his original
Pambarangay Law and prior recourse thereto is a pre- demand under Art. 2041 of the Civil Code. (Miguel vs
condition before filing a complaint in court or any Montanez, 2012)
government offices
Exceptions:

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TOTALITY RULE
Where there are several claims or causes of actions between

the same or different parties, embodied in the same
complaint, the amount of the demand shall be the totality of
the claims in all the claims of action, irrespective of whether
the causes of action arose out of the same or different
transactions.

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ACTIONS
Action - Definition
Action is the legal and formal demand of one’s right from
another person made and insisted upon in a court of justice.
The determinative operative act, which converts a claim into
an action is its filling with a court of justice.
An ordinary suit in a court of justice by which one party

prosecutes another for the enforcement or protection of a
right or the prevention or redress of a wrong.
Action and suit are synonymous.
MEANING OF ORDINARY CIVIL ACTIONS
A civil action is one by which a party sues another for the

enforcement or protection of a right, or the prevention or
redress of a wrong. (Sec. 3(a) Rule 1, ROC)
MEANING OF SPECIAL CIVIL ACTIONS
CIVIL PROCEDURE A special civil action is generally brought or filed for the
same purpose as that of an ordinary civil action but subject
to different rules.
MEANING OF CRIMINAL ACITONS
A criminal action is one by which the State prosecutes a

person for an act or omission punishable by law. (Sec. 3(b),
Rule 1, ROC)
CIVIL ACTIONS VS. SPECIALPROCEEDINGS
CIVIL ACTION SPECIAL PROCEEDINGS

The purpose of an The purpose of a special
action is either to proceeding is to establish a
protect a right or status, a right or a particular
prevent or redress a fact (Sec. 3, Rule 1, ROC)
wrong.
PERSONAL AND REAL ACTIONS

REAL ACTIONS PERSONAL
ACTIONS
An action is real when it All other actions are
affects title to or possession or personal actions (Sec 2,
real property, or an interest Rule 4, ROC)
therein. (Sec. 1, Rule 4, ROC)
Example: an action to recover Example: an action for
possession of real property a declaration of nullity
plus damages. of marriage.

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Significance of the distinction between personal and real The purpose of this proceeding is to impose through the
actions: judgment of a court, some responsibility or liability directly
upon the person of the defendant 9.
The distinction between a real and personal action is
important for the purposes of determining the venue of the In an action in personam, no other than the defendant is
action. sought to be held liable, not the whole world.
ACTION QUASI IN REM

It is an action wherein an individual is named as defendant
and the purpose of the proceeding is to subject his interest
therein to the obligation or lien burdening the property10.
LOCAL AND TRANSITORY ACTIONS
In this action, an individual is named as defendant and the
LOCAL ACTIONS TRANSITORY ACTIONS purpose of the prceeding is to subject his interest therein to
A real action is local A personal action is a the obligation or loan burdening the property.
because its venue transitory action because its
depends upon the venue depends upon the An action in personam or an in rem action is a classification
location of the property residence of the plaintiff or of actions according to the object of the action. A personal
involved in litigation. defendant at the option of the and real action is a classification according to foundation.
plaintiff.
Actions affecting title to
or possession of real It may be commenced and
property, or interest tried where the plaintiff or INDEPENDENT CIVIL ACTION
therein, shall be any of the principal plaintiffs (Sec. 3, Rule 111)
commenced and tried in reside, or where the An independent civil action may be brought in the following
the proper court which defendant or any of the cases:
has jurisdiction over the principal defendants ü Violation of Constitutional rights by a public officer or
area wherein the real resides, or in the case of a employee or a private individual;
property involved or a non-resident defendant, ü Defamation, fraud, physical injuries;
portion thereof is where he may be found, at ü Refusal or failure to render aid or protection by a
situated (Sec. 1, Rule 4, the election of the plaintiff member of the police force; and
ROC). (Sec. 2, Rule 4, ROC) ü Quasi -delict
One that could be One that could be

instituted in one prosecuted in any one of
specific place several place CAUSE OF ACTION
MEANING OF CAUSE OF ACTION

ACTION IN REM, IN PERSONAM, AND QUASI IN REM
It is the reason why the litigation has come about, it is the act
ACTION IN REM
or omission of the defendant resulting in the violation of
A proceeding brought to determine the status of a particular
someone’s rights11.
thing itself and which is confined to the subject-matter in
specie, is in rem, the judgment being intended to determine
Elements of cause of action:
the state or condition, and, pro facto, to render the thing what
(a) A right in favour or the plaintiff by whatever means
the judgment declares it to be. Process may be served on the
and under whatever law it arises or is created;
thing itself and by such service and making proclamation,
(b) An obligation on the part of the named defendant
the court is authorized to decide upon it without notice to
to respect or not to violate such right;
persons, all the world being parties.
(c) Act or omission on the part of such defendant in
violation of the right of the plaintiff or constituting
ACTION IN PERSONAM
breach of the obligation of the defendant to the
A proceeding in personam is a proceeding to enforce
plaintiff for which the latter may maintain an action
personal rights and obligations brought against the person
for recovery of damages or other appropriate relief.
and is based on the jurisdiction or the person, although it
may involve his right to, or the exercise of ownership of,
specific property, or seek to compel him to control or
dispose of it in accordance to the mandate of the court.
9 Domagas vs. Jensen, 448 SCRA 663 11 Phil. National Construction Corp. vs. CA, 514 SCRA 569)
10 Asiavest Limited vs. CA, 296 SCRA 539

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RIGHT OF ACTIONS VERSUS CAUSE OF ACTION action. The focus is on sufficiency, not veracity, of the
material allegations.12
RIGHT OF ACTION
It is the right to commence and prosecute an action and to
obtain relief sought. SPLITTING A SINGLE CAUSE OF ACTION AND ITS
EFFECTS
Elements of right of action
(a) Existence of a cause of action;
(b) Performance of all conditions precedent to the Splitting a single cause of action is the act of instituting two
bringing of the action; and or more suits for the same cause of action. (Sec. 4, Rule 2, ROC)
(c) The action must be instituted by the proper party. The pleader divides a single cause of action, claim or demand
into two or more parts, brings a suit for one of such parts with
RIGHT OF CAUSE OF ACTION the intent to reserve the rest for another separate action.
ACTION
Remedial right Formal statement of the Splitting a cause of action is not allowed by the ROC.
belonging to some operative facts that give rise to
person. such remedial right This is discouraged because it breeds multiplicity of suits and
clogs the dockets of the court. This rule applies not only to
complaints but also to counterclaims and cross-claims.
(Riano)
FAILURE TO STATE A CAUSE OF ACITON
A single act may sometimes violate several rights of a person.
(a) The mere existence of a cause of action is not Nevertheless, the plaintiff has only one cause of action
sufficient for a complaint to prosper. regardless of the number of rights violated.
(b) The cause of action must unmistakably be stated or
alleged in the complaint or that all the elements of Three tests to ascertain whether two suits relate to single or
the cause of action required by substantive law common cause of action
must clearly appear from the mere reading of the (a) Whether the same evidence would support and sustain
complaint. both the first and second causes action;
(c) Where there is defect or an insufficiency in the (b) Whether the defenses in one case may be used to
statement of the cause of action, a complaint may substantiate the complaint in the other;
be dismissed not because of absence or lack of a (c) Whether the cause of action in the second case existed at
cause of action but because the complaint “states no the time of the filing of the first complaint? (Umale v.
cause of action”. Canoga Park Dev’t. Coproration 654 SCRA 155, 162).
Failure to state a cause of action and failure to establish EFFECT OF SPLITTING A SINGLE CAUSE OF ACTION
cause of action, distinguished If two or more suits are instituted for a single cause of action,
FAILURE TO STATE A CAUSE LACK OF CAUSE the filing of one or judgment on the merits in one is available
OF ACTION OF ACTION as a ground for dismissal of the others.
The failure to state a cause of action Failure to establish
does not mean that there is no cause of action The remedy of the defendant is to file a motion to dismiss.
cause of action. It only means that refers to failure to
the allegations of the plaintiff are prove by evidence
insufficient for the court to know one’s stated cause
JOINDER AND MISJOINDER OF CAUSES OF ACTION
that the rights of the plaintiff were of action.
violated by the defendant.
JOINDER OF CAUSES OF ACTION
Joinder of causes of action is the assertion of as many causes
of action as party may have against another in one pleading
TEST OF THE SUFFICIENCY OF A CAUSE OF ACTION
alone.
The test of sufficiency of a cause of action is whether or not It is the process of uniting two or more demands or rights of
admitting the facts alleged, the court could render a valid action in one action.
verdict in accordance with the prayer of the complaint.
When there are two or more defendants, or two or more
In determining the sufficiency of the cause of action, the plaintiffs, the causes of action against the defendants can only
truth or the falsity of the allegations in the complaint are be joined if there is compliance with the rules on joinder of
beside the point because the allegations in the complaint are parties.
hypothetically admitted.
Sec. 6 Rule 3 requires that before there can be a proper joinder
The complaint must contain a concise statement of the of parties, the right to relief should arise out of the same
ultimate or essential facts constituting the plaintiff’s cause of transaction or series of transactions and there exist a common
question of law or fact. This requirement does not apply when
12 Anchor Savings Bank v. Furigay, G.R. No. 191178, March 13, 2013

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there is only one plaintiff and defendant because in such case there
are no parties to be joined.
MISJOINDER OF CAUSES OF ACTION NECESSARY PARTIES

When there is a misjoinder of causes of action, the erroneously (a) Not indispensable to the action.
joined cause of action can be severed and proceeded (b) A final determination of the case can be had among the
separately upon motion by a party or upon the court’s own parties already impleaded where a necessary party for
initiative. some reason is not joined.
(c) Ought to be joined as a party for a complete relief to be
Misjoinder of causes of action is not a ground for the dismissal accorded as to those already parties, or for a complete
of the action (Sec. 6, Rule 2) determination or settlement of the claim subject of the
action. (Sec.8, Rule 3)
PARTIES TO CIVIL ACTIONS

INDIGENT PARTIES
There are two main categories of parties to a civil action
namely, the plaintiff and the defendant (Sec.1, Rule 3) (1) A party may be authorized to litigate as an indigent if
the court is satisfied that the party is one who has no
money or property sufficient and available for food,
shelter and basic necessities for himself and his family.
KINDS OF PARTIES: REAL PARTIES IN INTEREST; (2) The application and the hearing to litigate as an indigent
INDISPENSABLE PARTIES; REPRESENTATIVE AS litigant may be made ex parte.
PARTIES; NECESSARY PARTIES; INDIGENT PARTIES; (3) If one is authorized to litigate as indigent, such authority
ALTERNATIVE DEFENDANTS shall include an exemption from payment of docket and
other lawful fees and transcripts of stenographic notes.
(Sec. 21, Rule 3)
REAL PARTIES IN INTEREST

ALTERNATIVE DEFENDANTS
(1) The party who stands to be benefited or injured by the
judgment in the suit or the party entitled to the avails of Where the plaintiff cannot definitely identify who among two
the suit (Sec.2, Rule 3). or more persons should be impleaded as a defendant, he may
(2) He must present substantial interest in the suit. join all of them as defendants in alternative.
(3) The determination of who the real party in interest is
requires going back to the elements of the cause of
action.
UNWILLING CO-PLAINTIFF
(4) Every action must be prosecuted and defended in the
name of the real party in interest (Sec.2, Rule 3). (1) He is a party who is supposed to be a plaintiff but whose
consent to be joined as a plaintiff cannot be obtained as
when he refuses to be a party to the action.
(2) He may be made a defendant and the reason therefor
INDESPENSABLE PARTIES
shall be stated in the complaint.
(a) An indispensable party is a real-party-in-interest
without whom no final determination can be had of an
action(Sec.7, Rule 3)
(b) Without the presence of this party the judgment of a COMPULSORY AND PERMISSIVE JOINDER OF PARTIES
court cannot attain real finality.
(c) A party who has such interest in the controversy that a
COMPULSORY JOINDER OF PARTIES
final adjudication cannot be made in his absence.
A joinder is compulsory when the one involved is an
indispensable party. There must be compulsory joinder of
indispensable parties.
REPRESENTATIVE AS PARTIES
PERMISSIVE JOINDER OF PARTIES
(a) Where the action is allowed to be prosecuted and For a permissive joinder of parties to be allowed, there must
defended by a representative or someone acting in a be: (a) right to relief arising out of the same transaction or
fiduciary capacity, the beneficiary shall be included in series of transaction; and (b) a question of fact or law common
the title of the case and shall be deemed to be the real to all plaintiffs or defendants.
property in interest.
(b) A representative may be a trustee of an expert trust, a Transaction, defined
guardian, an executor or administrator, or a party Not only a stipulation or agreement but any event resulting
authorized by law or these Rules. in wrong, without regard to whether the wrong has been
(c) An agent acting in his own name and for the benefit of done by violence, neglect or breach of contract.
an undisclosed principal may sue or be sued without
joining the principal except when the contract involves Series of Transactions, defined
things belonging to the principal Transactions connected with the same subject of the action.

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MISJOINDER AND NON-JOINDER OF PARTIES EFFECT OF DEATH OF PARTY LITIGANT
MISJOINDER OF PARTIES The death of the client extinguishes the attorney-client

A party is misjoined when he is made a party to the action relationship and divests a counsel of his authority to
although he should not be impleaded. represent the client. A dead client has no personality and can
no longer be represented14.
NON-JOINDER OF PARTIES
There is non joinder of parties when he is supposed to be Whenever a party to a pending action dies, it is the duty of
joined but is not impleaded in the action. the counsel of the deceased party to inform the court of such
fact within 30 days after such death. This duty is mandatory
DISTINCTION BETWEEN NON-JOINDER OF PARTIES and failure to comply is a ground for disciplinary action.
AND MISJOINDER OF PARTIES (Sec.16, Rule 3)
NON JOINDER OF MISJOINDER OF
PARTIES PARTIES Purpose: the protection of the right to due process of every
party to a litigation who may be affected by the intervening
A party was not A party was pleaded in an
death—the deceased litigant is himself or herself protected, as
impleaded in the action action but was not
he/she continues to be properly represented in the suit
but should be made part supposed to be impleaded.
through his heirs or the duly appointed legal representative
of the action.
of his estate.15
Effect of misjoinder or non-joinder of parties
Effect of death of a party litigant
Misjoinder and non joinder of parties are not grounds to
Upon the receipt of the notice of death, the court shall
dismiss the action. However, the failure to obey the court
determine whether or not the claim is extinguished by such
order to drop or add a party is a ground for the dismissal of
death.
the complaint. (Sec.3, Rule 17)
ü If the claim survives
The court shall order the legal representative of the deceased
CLASS SUITS
to appear and be substituted for the deceased within 30 days
It is an action where one or more may sue for the benefit of all
from notice.
if the requisites for said action are complied with.
ü If the claim does not survive
the action is extinguished.
Requisites
(1) Subject matter of the controversy must be of common or
When the opposing party may procure the appointment of an
general interest to many persons;
executor for the estate of the deceased:
(2) Persons are so numerous that is impracticable to join all
(a) When the counsel for the deceased does not name
as parties;
a legal representative, or
(3) Parties actually before the court are found by the court
(b) There is a representative named but he fails to
to be sufficiently numerous and representative as to
appear within the specified period.
fully protect the interests of all concerned; and
(4) Representatives sue or defend for the benefit of all.
When there is substitution:
(Riano)
(1) Service of summons is not required to effect the
substitution.
Commonality of interest on the subject matter
(2) The purpose of substitution of parties is the
(a) A class suit does not require a commonality of
protection of the right of every party to due process,
interest in the questions involved in the suit. What
to ensure that the deceased would be properly
is required is a common or general interest in the
represented in the suit through the duly appointed
subject matter of the litigation.
legal representative.
(b) There is no class suit when the injuries allegedly
suffered by the members of the class are separate
and distinct from each other.
DISTINCTION BETWEEN REAL PARTY IN INTEREST
SUITS AGAINST ENTITIES WITHOUT JURIDICAL
AND LOCUS STANDI
PERSONALITY
REAL PARTY IN LOCUS STANDI
When two or more persons not organized as an entity with INTEREST
juridical personality enter into a transaction, they may be
sued under the name by which they are generally or In private suits, a In non-private suits, the
commonly known. litigant must be a real Doctrine of Locus Standi
party in interest. requires that the one who sues,
In the answer of such defendant, the name and addresses of must show, that he has
the persons composing said entity must all be revealed13 sustained injury or will sustain
13 Sec. 15, Rule 3, ROC. 15 Torres vs. Rodellas, G.R. No. 177836 (2009)
14 Lawas vs. CA, 146 SCRA 173

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REAL PARTY IN LOCUS STANDI VENUE OF PERSONAL ACTIONS

INTEREST
It is one wne who a direct injury as a result of a All other actions may be commenced and tried where the
stands to be benefited government action, or has plaintiff or any of the principal plaintiffs resides, or where
or injured by the material interest in the issue the defendant or any of the principal defendants resides, or
judgment in the suit, affected by the challenged in the case of a non-resident defendant where he may be
or the party entitled to official act. found, at the election of the plaintiff.
the acails of the suit.
The Doctrine of Locus Standi is
The interest must be significant in cases involving
real, which is a questions of constitutionality VENUE OF ACTIONS AGAINST NON-RESIDENTS
present substantial because it is one of the essential
interest. (Riano) requisites before such questions Non-residents in Personal action Real action
may be judicially entertained the Philippines where the where the
(Riano) plaintiff resides property is
located
Non-residents If the case involves:

not found in the (1) The personal status of the
VENUE
Philippines plaintiff - in such a case,
the venue is where the
plaintiff resides
VENUE - DEFINITION
(2) When it involves a
Place or geographical area where an action is to be filed and
property of the defendant
tried. In civil cases, it relates only to the place of the suit and
located in the Philippines
not to the jurisdiction of the court.
- the venue will be where
the plaintiff resides or the
Place where the action must be instituted and tried.
place where the property is
located.
VENUE VERSUS JURISDICTION
VENUE JURISDICTION WHEN THE RULES ON VENUE DO NOT APPLY

Geographical area in which Power of the Court to hear
(1) In those cases where a specific rule or law
a court may hear and and Decide a case on the
provides otherwise.
determine a case (place of merits
(2) Where prties have validly agreed in writing before
trial)
the filing of the action on the exclusive venue
Procedural Substantive
thereof.
In Civil cases, venue may Granted by Law; hence,
be stipulated by the parties cannot be stipulated
May be waived Cannot be waived,
EXCEPT for jurisdiction EFFECTS OF STIPULATIONS ON VENUE
over the person
Establishes a relation Establishes a relation
between the plaintiff and between the court and the The parties may agree on a specific venue which could be in
the defendant parties and subject matter a place where neither of them resides. Written stipulations
Deals with convenience Deals with substance are either mandatory or permissive. In interpreting
Court may not motu Court may motu propio stipulations as to venue, inquiry must be made as to whether
propio dismiss a case for dismiss a case for lack of or not the agreement is restrictive in the sense that the suit
improper venue, except in jurisdiction may be filed only in the place agreed upon or merely
summary procedure. permissive in that the parties may file their suits not only in
the place agreed upon but also in the places fixed by the
rules.
VENUE OF REAL ACTIONS
Actions affecting title to or possession of real property, or

interest therein shall be commenced and tried in the proper
court which has jurisdiction over the area wherein the real
property involved, or a portion thereof, is situated.

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RULES ON PLEADINGS COUNTERCLAIMS

A counterclaim is any claim which a defending party may
have against an opposing party.
Pleadings, defined
Pleadings are the written statements of the respective claims How raised
and defenses of the parties submitted to the court for (a) By including it in the answer; [Rule 11, Sec 8]
appropriate judgment. (Sec.1, Rule 6) (b) By filing after the Answer;
(1) A counterclaim may be set up, by leave of court,
Purpose by amendment before judgment when:
To appraise the Court of the rival claims in a judicial (1) It is not set up due to oversight, inadvertence or
controversy for the trial and decision. excusable neglect, or when justice requires it. [Rule 11,
Sec 10]
Define the issues and form the foundation of proof to be (2) A counterclaim, which either matured or was
submitted during the trial as well as advise a party to what acquired by a party after serving his pleading,
his adversary would rely on as a cause of action or as defense with permission of the court be set up in a
so that he would be properly prepared at the trial to meet the supplemental pleading before judgment. [Rule 11
issues raised. Sec 9]
KINDS OF PLEADINGS
COMPULSORY COUNTERCLAIM
One which is cognizable by the regular courts of justice, arises
COMPLAINT
out of or is necessarily connected with the transaction or
A complaint is a pleading alleging the plaintiff’s cause or occurrence constituting the subject matter of the opposing
causes of action. The names and residences of the plaintiff party’s claim and does not require for its adjudication the
and defendant must be stated in the complaint. presence of third parties over whom the court cannot acquire
jurisdiction.
A compulsory counterclaim is auxiliary to the proceeding in

ANSWER the original suit and derives its jurisdictional support
An answer is a pleading in which a defending party sets therefrom. A counterclaim presupposes the existence of a
forth his affirmative or negative defenses. claim against the party filing the counterclaim.
The filing of a motion to dismiss and the setting up of a

compulsory counterclaim are incompatible remedies.
NEGATIVE DEFENSES
Specific denial of the material fact or facts alleged in the The ruling on filing fees does not apply to a compulsory
pleading of the claimant essential to his cause or causes of counterclaim but only to permissive counterclaim because
action. there is no need to pay docket fees for compulsory
counterclaim.
Faiilure to raise a cumpolsory counterclaim will deem it

NEGATIVE PREGNANT barred.
A denial pregnant with the admission of substantial facts in
the pleading responded to which are not squarely deied. It is Requisites
in effect an admission of the averment it is directed to. (1) it arises out of or is necessarily connected with the
transaction or occurrence which is the subject matter of
It arises when: the opposing party’s claim;
There is too literal denial of the allegations of the opponent’s (2) it does not require for its adjudication the presence of
pleadings, for in such case it is merely the form and not the third parties of whom the court cannot acquire
substance that is denied jurisdiction; and
(3) the court has jurisdiction to entertain the claim both as
Facts alleged with qualifying or modifying language, and to its amount and nature, except that in an original action
the words of the allegation as so qualified or modified are
literally denied. In such a case, the qualifying circumstances
alone are denied while the fact itself is admitted.
AFFIRMATIVE DEFENSES
Affirmative defense is an allegation of a new matter which,
while hypothetically admitting the material allegations in
the pleading of the claimant, would nevertheless prevent or
bar recovery by way of confession and avoidance.

Remedial Law
before the RTC, the counterclaim may be considered prosecute his counterclaim in the same action or in a
compulsory regardless of the amount.16 separate action. This dismissal shall have the effect of an
adjudication upon the merits, unless otherwise declared by
Tests under the case of Namarco v. United Federation of the court. The dismissal of the main action does not carry
Namarco with it the dismissal of the counterclaim.
(a) Are the issues of fact and law raised by the claim and
counterclaim largely the same?
(b) Would res judicata bar a subsequent suit on defendant's
claim absent the compulsory counterclaim rule? CROSS-CLAIMS
(c) Will substantially the same evidence support or refute A cross claim is any claim by one party against a co-party
plaintiff's claim as well as defendant's counter-claim? arising out of the transaction or occurrence that is the subject
(d) Is there any logical relation between the claim and the matter either of the original action or of a counterclaim
counter-claim? therein.
An affirmative answer to each of the foregoing questions The purpose of a cross-claim is to settle in a single
suggests that the counterclaim is compulsory. proceeding all the claims of the different parties in the case
against each other in order to avoid multiplicity of suits.
PERMISSIVE COUNTERCLAIM Limitations:

(1) Must arise out of the subject matter of
A counterclaim is permissive if it does not arise out of, nor is complainant.
necessarily connected with, the subject matter of the opposing (2) Can be filed only against a co-party.
party’s claim. (3) Is proper only where the cross claimant stands to
be prejudiced by the filing of the action against
Failure to allege or raise a permissive counterclaim will not him.
bar it. A proper remedy is file another action.
COMPULSORY COUNTERCLAIM vs. PERMISSIVE

COUNTERCLAIM THIRD (FOURT,ETC.) PARTY COMPLAINT
Compulsory Counterclaim Permissive Counterclaim
Claim that a defending party may, with leave of court, file
One which arise out of or is It does not arise out of nor
against a person not a party to the action, called the third
necessarily connected with is it necessarily connected
(fourth, etc)- party defendant, for contribution, indemnity,
the transaction or occurrence with the subject matter of
subrogation or any other relief, in respect of his opponent’s
that is the subject matter of the opposing party’s
claim.
opposing party’s claim. (Sec. claim. There is an absence
7, Rule 6) of a logical connection
Test of propriety:
with the subject matter of
(1) It arises out of the same transaction on which plaintiff’s
the complaint.
claim is based, or the third-party claim, although arising
It does not require for its It may require for its out of another or different contract or transaction, is
adjudication the presence of adjusdication the presence connected with the plaintiff’s claim
third parties of whom the of third parties over whom (2) The third party defendant would be liable to the plaintiff
court cannot acquire the court cannot acquire or to the defendant in whole or in part of plaintiff’s claim
jurisdiction. (Sec. 4, Rule 6) jurisdiction. against the original defendant, although the third party’s
Not an initiatory pleading. Initiatory pleading. liability arises out of another transaction; and
Need not be accompanied Must be accompanied by a (3) The third party defendant may assert defenses which the
by a certification against certification against forum third party plaintiff may have against the plaintiff’s
forum shopping. shopping. claim.17
COMPLAINT-IN-INTERVENTION
EFFECT ON THE COUNTERCLAIM WHEN THE Intervention is a remedy by which a third party, not
originally impleaded in the proceedings, becomes a litigant
COMPLAINT IS DIMISSED
therein to enable him, her or it to protect or preserve a right
If a counterclaim has already been pleaded by the defendant or interest which may be affected by such proceedings.
prior to the service upon him of the plaintiff‘s motion to
dismiss, and the court grants the said motion to dismiss, the Intervening in a case is not a matter of right but of sound
dismissal shall be limited to the complaint. discretion of the Court.18
The dismissal of the complaint, due to the fault of the Grounds:

plaintiff, is without prejudice to the right of the defendant to (1) Legal interest in any of the ff:
17 Balbastro v. CA, G.R. No. L-33255

16 Metropolitan Bank and Trust vs. CPR Promotions and Marketing, G.R. No. 18 Tanjuatco vs. Gaco, jr., AM No. RTJ- 06-2016 (2009)
200567 (2015)

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(1) The matter in litigation VERIFICATION AND CERTIFICATION AGAINST

(2) The success of any of the parties, or FORUM-SHOPPIG
(3) Interestagainst both parties
(2) or when he is so situated as to be adversely
affected by a distribution or disposition of VERIFICATION AND CERTIFICATION AGAINST
property in the custody of the court or an officer FORUM-SHOPPIG
thereof.19
VERIFICATION
A sworn attestation by the one filing the pleadings that he has
REPLY caused the preparation of the pleadings, he has read the
contents thereof, and that the same are true and correct based
A reply is a pleading, the office or function of which is to
on his personal knowledge and authentic records. (Jacinto v.
deny, or allege facts in denial or avoidance of new matters
Gumaru, 2014)
alleged by way of defense in the answer and thereby join or
make issue as to such new matters.
Except as when otherwise specifically required by law or rule,
pleadings need not be under oath, verified or accompanied by
PLEADINGS ALLOWED UNDER THE 2016 REVISED affidavit (Sec. 4, Rule 7, Rules of Court).
RULES OF PROCEDURE FOR SMALL CLAIMS CASES
A pleading is verified by an affidavit that the affiant has read
AND THE 1991 REVISED RULES ON SUMMARY the pleading and that the allegations therein are true and
PROCEDURE correct of his personal knowledge or based on authentic
records. (Jacinto v. Gumaru, 2014)
Pleadings are allowed in the following: Verification must be by a person having personal knowledge
UNDER SMALL CLAIMS UNDER RULES ON of facts alleged in the information.
CASES SUMMARY
PROCEDURE The verification by a lawyer is sufficient, it being presumed
(1) Statement of (1) Complaint, that facts by him alleged are true to his knowledge.
claim (2) Compulsory
(2) Response Counterclaim CERTIFICATION AGAINST FORUM SHOPPING
(3) Counterclaim in (3) Cross-claim pleaded The plaintiff or principal party shall certify under oath in the
the response in the answer complaint or other initiatory pleading asserting claim for
(4) (A.M. No. 08-8-7- (4) Answers thereto relief, or in sworn certification annexed thereto and
SC) (5) (Sec. 3[A], II, Rules simultaneously filed therewith:
on Summary
Procedure) That he has not commenced any action or filed any claim
involving the same issued in any court, tribunal or quasi
Small Claim Cases, definition judicial agency and to the best of his knowledge, no such
These are civil claims which are exclusively for the payment other action or claim is pending therein;
or reimbursement of a sum of money not exceeding If there is such other pending action or complaint, a complete
P200,000. statement of the present status thereof; and
If he should thereafter learn that the same or similar action or
claim has been filed or is pending, he shall report that fact
PARTS OF A PLEADING within 5 days therefrom to the court wherein his complaint or
initiatory pleading has been filed.
CAPTION
Failure to comply with the requirements shall not be curable
Contains the ff: by mere amendment of the complaint or other initiatory
(1) Name the court pleading but shall be a cause for the dismissal of the case
(2) Title of the action, and without prejudice, unless otherwise provided, upon motion
(3) Docket number, if assigned. (Sec. 1, Rule 7) and after hearing (Sec. 5, Rule 7, Rules of Court).
Note: The title of the action indicates the name of the parties. FORUM SHOPPING
An act of malpractice committed by a party to the action by
filing multiple suits either successively or simultaneously in
dfferent courts involving the same parties, same causes of
SIGNATURE AND ADDRESS action and asking for the same relief for the purpose of
Every pleading must be signed by the party or counsel securing a favorable judgment.
representing him, stating in either case his address which
should not be a post office box. (Sec. 3, Rule 7) Test to determine FORUM shopping
(1) There is identity of parties
(2) There is identity of Rights or causes of action and
relief prayed for
(3) Any judgment rendered would amount to res
judicata
19 MCIAA v. Heirs of Miñoza, 641 SCRA 520

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CONDITION PRECEDENT
Forum shopping exists where the elements of litis pendentia
In any pleading a general averment of the performance or
are present or where a final judgment in one case will amount
occurrence of all conditions precedent shall be sufficient. (Sec.
to res judicata in the other (Lim v. Vianzon, 2006).
3, Rule 8)
Elements OF Litis Pendentia:
(1) Identity of parties or at least such as to represent
the same interest in both actions; FRAUD, MISTAKE, CONDITION OF THE MIND,
(2) Identity of rights asserted and relief prayed for, the JUDGMENTS, OFFICIAL DOCUMENTS OR ACTS
relief founded on the same facts; and
(3) Identity in the two cases should be such that the In all averments of fraud or mistake the circumstances
judgment which may be rendered in one would, constituting fraud or mistake must be stated with
regardless of which the party is successful, amount particularity. Malice, intent, knowledge, or other condition of
to res judicata in the other 20. the mind of a person may be averred generally. (Sec. 5, Rule 8)
Certificate of non-forum shopping is mandatory but not Whenever an action or defense is based upon a written
jurisdictional. instrument or document, the substance of such instrument or
document shall be set forth in the pleading, and the original
or a copy thereof shall be attached to the pleading as an
exhibit, which shall be deemed to be a part of the pleading, or
REQUIREMENTS OF A CORPORATION EXECUTING THE said copy may with like effect be set forth in the pleading.
VERIFICATION/CERTIFICATION OF NON-FORUM (Sec. 7, Rule 8)
SHOPPING
A juridical entity, unlike a natural person, can only perform
physical acts through properly delegated individuals. (Riano) PLEADING AN ACTIONABLE DOCUMENT
It may be signed by a specifically authorized lawyer who has

personal knowledge of the facts required to be disclosed in ACTIONABLE DOCUMENT
such document.21 the written instrument or upon which the action or defense
is based.
The certificate of non-forum shopping must be accompanied
by a board resolution or a secretary’s certificate authorizing Requisites:
the person signing the certification.22 (1) The substance of such instrument or document
shall be set forth in the pleading; and
(2) The original or copy thereof shall be attached to
the pleading as an exhibit, which shall be deemed
EFFECT OF THE SIGNATURE OF COUNSEL IN A to be a part of the pleading; or said copy may with
PLEADING like effect be set forth in the pleading
The rule is not applicable if the document is not the basis of

The signature of counsel constitutes a certificate by him that the complaint or defense.23
he has read the pleading; that to the best of his knowledge,
information, and belief there is good ground to support it; and How to deny the genuineness and due execution of actionable
that it is not interposed for delay. documents:
To deny the genuineness and due execution of an instrument
Unsigned pleading produces no legal effect. means that the defendant must declare under oath that he did
Note: Attorney may be subjected to disciplinary action not sign the document or that is otherwise false or fabricated.
The denial must be specific.

ALLEGATIONS IN A PLEADING
MANNER OF MAKING ALLEGATIONS SPECIFIC DENIALS

Defendant is required to make a specific denial to make him
Every pleading shall contain in a methodical and logical disclose the matters alleged in the complaint which he
form, a plain, concise and direct statement of the ultimate sincerely intends to disprove in the trial.
facts on which the party pleading relied for his claim or
defense, as the case may be, omitting the statement of mere
evidentiary facts.
EFFECT OF FAILURE TO MAKE SPECIFIC DENIALS
If defense relied on is based on law, the pertinent provisions (a) The genuineness and due execution is deemed
thereof and their applicability to him shall be clearly and admitted.
concisely stated.
20 Antiporda Jr. vs. Sandiganbayan May 31, 2001 22 General Milling Corp. vs. NLRC, December 17, 2002
21 BA Savings Bank vs. Sia, July 27, 2000 23 Araneta Inc. vs. Lyric Film Exchange, 58 Phil. 736

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(b) The document need not be formally offered in

evidence. A compulsory counterclaim cannot be made the subject of a
separate action but should be asserted in the same suit
involving the same transaction or occurrence giving rise to it.
WHEN A SPECIFIC DENIAL REQUIRES AN OATH
(1) Denial of the genuineness and due execution of an DEFAULT
actionable document; and
(2) Denial of allegations of usury.
WHEN A DECLARATION OF DEFAULT IS PROPER
WHEN AN OATH IS NOT REQUIRED:
(1) When the adverse party does not appear to be a Stages of Default
party to the instrument; or (a) Declaration of Order of Default – when defendant
(2) When compliance with an order for an inspection fails to answer within the time specified in the
of the original instrument is refused. (Sec. 8, Rule rules, the court shall upon motion of the plaintiff
8, ROC) and proof of such failure declare the defendant in
default.
Effect of making specific denial (b) Rendition of Judgment by Default – on the basis of
the allegation of the complaint, or after receiving
Material averment in the complaint, other than those as to the plaintiff’s evidence, the court shall render
amount of unliquidated damages, shall be deemed admitted judgment granting him such relief as the complaint
when not specifically denied. Allegations of usury in a
and the facts proven may warrant.
complaint to recover usurious interest are deemed admitted
if not denied under oath (Sec. 11, Rule 8).
Elements of a valid declaration of default
(1) The court must have validly acquired jurisdiction over
the person of the defendant either by service of
EFFECT OF FAILURE TO PLEAD
summons or voluntary appearance.
(2) Defendant failed to plead his answer within the time
FAILURE TO PLEAD DEFENSES AND OBJECTIONS allowed therefor,
(3) There must be a motion to declare the defendant in
Defenses and objections not pleaded either in a motion to default filed by the claiming party with notice to the
dismiss or in the answer are deemed waived. However, when defending party.
it appears from the pleadings or the evidence on record that
the court has no jurisdiction over the subject matter, that there
is another action pending between the same parties for the
same cause, or that the action is barred by a prior judgment EFFECT OF AN ORDER OF DEFAULT
or by a statute of limitations, the court shall dismiss the claim A party in default shall be entitled to notice of subsequent
(Sec. 1, Rule 9, ROC).
proceedings but not to take part in the trial (Sec. 3 (a), Rule 9).
This is not applicable in Summary Proceedings. Party in default should receive the following notices:
(a) Motion to declare him in default;
General rule: (b) Order declaring him in default;
Defenses and objections not pleaded either in motion to (c) Subsequent proceedings;
dismiss or in the answer are deemed waived. (OMNIBUS (d) Service of final orders and judgments.
MOTION RULE)
Loss of standing in court is the consequence of an order of
Exceptions default. He loses his right to present his defense, control the
ü The court has no jurisdiction over the subject matter; proceedings and examine the witness. It does not, however,
ü Another action is pending between the same parties for constitute a waiver of all his rights except that of being heard
the same cause; or and of presenting evidence in the trial court. He is not actually
ü Action is barred by a prior judgment or by statute of thrown out of court.
limitations.
RELIEF FROM AN ORDER OF DEFAULT

FAILURE TO PLEAD A COMPULSORY COUNTERCLAIM
AND CROSS-CLAIM A party declared in default may at any time after notice
thereof and before judgment file a motion under oath to set
A compulsory counterclaim, or a cross-claim, not set up shall aside the order of default upon proper showing that his
be barred. (Sec. 2, Rule 9). failure to answer was due to fraud, accident, mistake or
excusable negligence and that he has a meritorious defense.
A compulsory counterclaim not set up shall be barred if not In such case, the order of default may be set aside on such
raised on time and the party in error is precluded from setting terms and conditions as the judge may impose in the interest
it up in a subsequent litigation on the ground of res judicata. of justice (Sec.3 (b), Rule 9).
The theory being that what are barred by prior judgments are
not only the matters actually raised and litigated but also such Requisites to lift order of default:
matters as could have been raised but were not. Verified motion showing:

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ü Fraud, accident, mistake or excusable neglect; and FILING AND SERVICE OF PLEADINGS,
ü Meritorious defenses.
JUDGMENTS, FINAL ORDERS AND
Remedies available to a defendant in default: RESOLUTIONS
A party declared in default may, At any time after discovery
thereof (from notice) and before judgment, file a motion,
under oath, to set aside the order of default on the ground that
his failure to answer was due to fraud, accident, mistake or
excusable neglect, and that he has meritorious defense; PAYMENT OF DOCKET FEES
If judgment has already been rendered when the defendant

discovered the default, but before the same has become final General rule:
and executory, he may file a motion for a new trial under Sec. The court acquires jurisdiction over any case only upon the
1(a) Rule 37; payment of the prescribed docket fees. Hence, it is mandatory
and jurisdictional.
If the defendant discovered the default after the judgment
has become final and executory, he may file a petition for It is not simply the filing of the complaint or appropriate
relief under Rule 38; and initiatory pleading, but the payment of prescribed docket fee
that vests a trial court with jurisdiction over the subject matter
He may also appeal from the judgment rendered against or nature of the action25.
him as contrary to the evidence, or to the law, even if no
petition to set aside the order of default has been presented When the rule on the payment of docket fees is relaxed:
by him. (a) Nonpayment at the time of filing does not automatically
cause the dismissal of the case.
(b) The fee may be paid within the applicable prescriptive
or reglementary period.
EFFECT OF PARTIAL DEFAULT
When a pleading asserting a claim states a common cause of How to determine the amount of the docket fee:
action against several defending parties, some of whom Determination of nature of action is essential to determine the
answer and the others fail to do so, the court shall try the case amount of the docket fee.
against all upon the answers thus filed and render judgment
upon the evidence presented (Sec. 3(c), Rule 9). Docket fee may be based on:
(a) Nature of the action
Requisites when the dismissal against any of multiple (b) Value of the property involved
plaintiffs necessarily results in the dismissal of the case: (c) Value of the demand
ü Petitioner has a common cause of action against all
defendants; and
ü All the defendants are indispensable parties to the case.
FILING VERSUS SERVICE OF PLEADINGS
EXTENT OF RELIEF TO BE AWARDED FILING

Act of presenting the pleading or other paper to the clerk of
(Sec. 3 (d), Rule 9) court (Sec.2, Rule 13, ROC).
Where a party has been declared in default, the amount of PAPERS REQUIRED TO BE FILED AND SERVED
damages that should be adjudged against him cannot exceed (a) Judgments
the amount alleged in the complaint even if the (b) Resolutions
complainants are able to prove during the reception of (c) orders,
evidence a higher amount of damages24. If the amount of (d) pleadings subsequent to the complaint
damages is not specified, the court in cases of default would (e) written motions
not be able to make such a determination. (f) notices
(g) appearances
(h) demands
(i) offers of judgment,
ACTIONS WHERE DEFAULT IS NOT ALLOWED (j) or similar papers
(Sec.3 (e) Rule 9) (Sec. 4 Rule 13, Rules of Court)
(a) An action for annulment or declaration of nullity of
marriage; or SERVICE
(b) Legal separation. Act of providing a party with a copy of the pleading or
paper concerned. If any party has appeared by counsel,
service upon him shall be made upon his counsel or one of
them, unless service upon the party himself is ordered by
the court. Where one counsel appears for several parties, he
24 Edward Keller & Co. vs. COB Group Marketing Inc., 141 SCRA 86, 25 Sun Life Insurance Office, Ltd. vs. Asuncion, 170 SCRA 274,
January 16, 1986 February 13, 1989

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shall only be entitled to one copy of any paper served upon (7) appearance
him by the opposite side. (8) demand
(9) offer of judgment
The purpose of requiring a formal service to the lawyer is to (10) similar papers (Sec. 4, Rule 13, ROC)
maintain a uniform procedure, calculated to place in
competent hands the orderly prosecution of a party’s case. Time honoured and of constant observance is the principle
that no judgment or order, whether final or interlocutory, has
The actual presence of the offended party and signing of the juridical existence until and unless it is set down in writing,
judgment by the private prosecutor was considered as an signed, and promulgated.
actual notice26.
UPON WHOM SHALL SERVICE BE MADE

If a party has not appeared by counsel, then service must be PERIODS OF FILING PLEADINGS
made upon him.
Period Reckoning Point
If a party has appeared by counsel, then service upon said Answer to the Complaint
party shall be made upon his counsel or one of them, unless General rule: within 15 Service of summons, unless
service upon the party himself is ordered by the court (Sec. 2, days a different period is fixed
Rule 13, Rules of Court). by the court (Rule 11, Sec.
1)
The rule is that when a party is represented by counsel in an Foreign private juridical Receipt of summons (Rule
action in court, notices of all kinds, including motions, entity defendant, 11, Sec. 2)
pleadings, and orders must be served on counsel and notice summons through
to him is notice to the client (People vs. Gabriel) government official:
Within 30 days
Note: It has been held that notice or service made upon a Non-resident Service of extrajudicial
party who is represented by counsel is a nullity. As a rule, defendant, with summons (Rule 14, Sec. 15)
notice to the client and not to his counsel of record is not extraterritorial service of
notice in law unless for instance when the court or tribunal summon: reasonable time
orders service upon the party or when the technical defect in not less than 60 days set
the manner of notice is waived. (Heirs of Benjamin Mendoza vs. by court
CA) Answer to amended complaint
Amendment was matter of Service of a copy of the
Substitution of counsel right: Within 15 days amended complaint
A lawyer’s withdrawal as a counsel must be made in a formal Amendment not matter of Notice of the order
petition in the case, without which, notice of judgment right: Within 10 days admitting the same (Rule
rendered in the case served on the counsel of record, is, for all 11, Sec. 3)
legal purposes notice to the client the date or receipt of which
Answer to counterclaim or cross-claim
is considered the starting point from which the period of
Within 10 days From service (Rule 11, Sec
appeal prescribed by law shall begin to run.
4)
Answer to third (fourth, etc)-party complaint
Legal formalities for substitution:
Within 15 days Same rule as answer to the
ü Written application for substitution
complaint (Rule 11, Sec. 5)
ü Written consent of client to substitution
ü Written consent of attorney to be substituted, if Reply
such consent can be obtained; or if not, Within 10 days From service of the
ü There must be filed with application for pleading responded to
substitution, proof of service of such motion in the (Rule 11, Sec. 6)
manner required by the rules on attorney to be Answer to supplemental complaint
substituted. Within 10 days From notice of the order
admitting the same, unless
Effect of death of counsel a different period is fixed
Where the death of the previous attorney is the cause of by court
substitution of the counsel, a verified proof of the death of
such attorney must accompany the notice of appearance of Upon motion and on such terms as may be just, the court may
new counsel. extend the time to plead provided in these Rules. The court
may also, upon like terms, allow an answer or other pleading
Papers required to be filed and served to be filed after the time fixed by these Rules. (Sec.11, Rule 11)
(1) judgment
(2) resolution
(3) order
(4) pleading subsequent to the complaint
(5) written motion
(6) notice
26 Neplum, Inc vs. Orbeso, G.R. No. 141986, July 11, 2002

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MANNER OF FILING Service by ordinary mail is allowed only in instances where

no registry service exists.
1. PERSONAL There is a legal and conclusive presumption that the date

(1) By presenting the original copies thereof, plainly postmarked on the envelope is the date of the mailing.
indicated as such, personally to the clerk of court.
(2) Deemed filed upon the receipt of the same by the clerk
of court who shall endorse on it the date and hour of
filing. SUBSTITUTED SERVICE
2. REGISTERED MAIL
If service of pleadings, motions, notices, resolutions, orders
ü By sending them through registered mail
and other papers cannot be made under the two preceding
ü Deemed filed on the date it was deposited with
sections, the office and place of residence of the party or his
the post office.
counsel being unknown, service may be made by delivering
the copy to the clerk of court, with proof of failure of both
The original copies must be presented and plainly indicated
personal service and service by mail (Sec. 8, Rule 13).
as such.
MODES OF SERVICE SERVICE FOR FINAL JUDGMENTS, FINAL ORDERS OR

RESOLUTIONS
PERSONAL SERVICE (1) Personal service
(2) Registered mail
Can be done by:
(3) Publication, if the party is summoned by publication
(1) Delivering personally a copy to the party or his
and has failed to appear in the action
counsel, or
(2) Leaving a copy in his office with his clerk or with
There is NO substituted service of judgments and final
a person having charge thereof.
orders.
(3) Leaving the copy between 8am- 6pm, at the
party’s or counsel’s residence, if known, with a
person of sufficient age and discretion then
residing therein (Sec.6, Rule 13, ROC). PRIORITIES IN MODES OF SERVICE AND FILING
Personal service may be either

(1) Actual GENERAL RULE:
(2) constructive. – through substituted service Whenever practicable, the service and filing of pleadings
and other papers shall be done personally.
EXCEPTION:
SERVICE BY MAIL Except with respect to papers emanating from the court, a
resort to other modes must be accompanied by a written
Can be done by:
explanation why the service or filing was not done
(1) Ordinary Mail - it does not constitute filing until the
papers are actually delivered into the custody of clerk personally
or judge
A violation of this Rule may be cause to consider the paper
(a) Service may be done by ordinary mail if no
as not filed (Sec. 11, Rule 13, ROC)
registry service is available in the locality of either
sender or addressee
Whenever personal service in filing is practicable it becomes
mandatory.
(2) Registered Mail - The date of mailing is the date of
filing
Date of filing is determinable from 2 sources: WHEN SERVICE IS DEEMED COMPLETE

(1) From the post office stamp on the envelope
(2) from the registry receipt ü Personal service – upon actual delivery.
ü Service by ordinary mail – upon expiration of 10 days
Filing is done by: after mailing, unless the court otherwise provides.
(1) depositing in the post office ü Service by registered mail – upon actual receipt by the
(2) In a sealed envelope addressee, or 5 days from the date he received the first
notice of the postmaster, whichever date is earlier (Sec.
(3) Plainly addressed to the party or his counsel:
10, Rule 13).
(1) At his office if known
ü Substituted service – at the time of such delivery (Sec. 8,
(2) Otherwise, at his residence if known
Rule 13).
(4) Postagefully pre-paid
(5) With instructions to the postmaster to return the mail to
The mere return of mail “unclaimed”, is not sufficient proof
the sender after 10 days if undelivered
of service. There must be clear proof of compliance with
postal regulations governing the sending and receipt of the
notice referred to in Sec.8 Rule 13.

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regard to technicalities, and in the most expeditious

and inexpensive manner. (Sec 1, Rule 10)
PROOF OF FILING AND SERVICE WHERE THERE IS A FAILURE TO STATE A CAUSE OF

ACTION:
GENERAL RULE: Filing is proven by its existence in the If the complaint failed to aver the fact that certain conditions
record of the case. precedent were undertaken and complied with, the failure to
so allege the same may be corrected by an amendment of the
EXCEPTIONS: complaint.
If it is not on record and
ü If filed personally – it shall be proved by the wriitted or WHERE NO CAUSE OF ACTION EXISTS:
stamped acknowledgement of its filing by the clerk of A complaint whose cause of action has not yet accrued cannot
court on a copy of the same be cured or remedied by an amended or supplemental
ü If filed by registered mail – it shall be proved by the pleading alleging the existence or accrual of a cause of action
registry receipt and by the affidavit of the person who while the case is pending. Such an action is prematurely
did the mailing containing a full statement of: brought and is, therefore, a groundless suit, which should be
ü the date and place of depositing the mail in the post dismissed by the court upon proper motion seasonably filed
office in a sealed envelope addressed to the court by the defendant 27.
ü with postage fully prepaid
ü and with instructions to the postmaster to return the
mail to the sender after 10 days if not delivered. (Sec 12,
Rule 13, ROC)
AMENDMENTS AS A MATTER OF RIGHT
PROOF OF PERSONAL SERVICE
ü Written admission of party served
A party has the absolute right to amend his pleading,
ü Official return of the server; or regardless of whether a new cause of action or change in
ü Affidavit of the party serving, containing a full theory is introduced 28.
statement of the date, place and manner of service. (Sec.
13, Rule 13, Rules of Court)
A pleading may be amended only once as a matter of right
before any responsive pleading is filed.
PROOF OF SERVICE BY ORDINARY MAIL ü A complaint may be amended before an answer is
(1) An affidavit of the person mailing and facts of served
compliance with the rules (Sec 7, Rule 13, ROC)
ü An answer may be amended before a reply is served or
(2) Registry receipt issued by the mailing officer (Sec 13,
before the period to file a reply expires
Rule 13, ROC)
ü A reply may be amended anytime within 10 days after it
is served.
PROOF OF SERVICE BY REGISTERED MAIL
ü Affidavit
The right to amend is not affected by a motion to dismiss or
ü Registry receipt issued by the mailing office and the
motion for summary judgment or even a motion for
registry return card. (Sec. 13, Rule 13, Rules of
judgement on the pleadings. This is because they are all not
Court)
considered “responsive pleadings.”
Absent any proof of service of the decision, the period of 15 APPLICABILITY OF MANDAMUS
days within which a party may file a motion for new trial does
The court would be in error if it refuses to admit an amended
not begin to run against such party. If it admits, however, that
pleading when its exercise is a matter of right. This error is
it received the copy of the decision on a certain date despite
correctible by mandamus 29 because the trial court’s duty to
absence of proof service, that date would be the reckoning admit an amended complaint made as a matter of right is
date of the 15 day period (Republic vs. Bank of the Philippine purely ministerial.
Island)
AMENDMENTS AMENDMENTS BY LEAVE OF COURT
HOW PLEADINGS MAY BE AMENDED WHEN LEAVE OF COURT IS REQUIRED (Sec, 3, Rule 10)
ü by adding or striking out an allegation or the name (1) Substantial amendments
of any party, or (2) When a responsive pleading had already been served
ü by correcting a mistake in the name of a party or a
mistaken or inadequate allegation or description in RATIONALE
any other respect, so that the actual merits of the Leave of court is required because upon the filing of a
controversy may speedily be determined, without responsive pleading, the issues would have been joined. It
27 Swagman Hotels and Travel, Inc. vs. Court of Appeals, 455 SCRA 29 Breslin v. Luzon Stevedoring, 84 Phil. 618, 626-627; Ong Peng v.
175 Custodio, 1 SCRA 780, 784-785
28 Bautista vs. Maya-Maya Cottages, Inc., 476 SCRA 416

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would prejudice the defendant not to be allowed to amend Before responsive

his answer as well. In such manner, an amendment after the pleading is filed
responsive pleading has been filed would incur unnecessary matter of right
delay. once only
Always with leave of
WHEN
court
Thus, in such cases, the court has the discretion whether or After responsive
not to allow the intended amendment. pleading is filed
with leave of
court
Reason for Grounds for
FORMAL AMENDMENTS amendment is supplemental
PURPOSE available at time pleading arose after
(Sec 4, Rule 10)
of the first the filing of the first
What can be corrected by formal amendments:
pleading pleading
ü A defect in the designation of the parties
Supersedes the Taken with the
ü Other clearly clerical or typographical errors EFFECT
original pleading original pleading
Before responsive
The formal amendment must not cause any prejudice the
pleading is filed
adverse party.
may change any
No change in cause
time
How formal amendments may be effected: CAUSE OF of action or theory in
(1) By the court at any stage of the action ACTION the pleading sought
After responsive
(2) By the party at its initiative or on motion to be implemented
pleading is filed
may change with
AMENDMENTS TO CONFORM TO OR AUTHORIZE
leave of court
PRESENTATION OF EVIDENCE
This is an instance wherein the court acquires jurisdiction May be a matter
How Always by leave of
over the issues even if the same are not alleged in the of right or by
raised court
original pleadings, where the trial of said issues is with the leave of court
express or implied consent of the parties.
Supplemental Pleading, defined
Sec. 5, Rule 10 envisions two situations: A supplemental pleading is one which sets forth
(1) No objection to the evidence is raised transactions, occurrences, or events which have happened
ü Issues not raised in pleadings are tried by express or since the date of the pleading sought to be supplemented.
implied consent of the parties; they are treated in all ü This is not a matter of right.
respects as if they had been raised. ü A supplemental pleading only serves to bolster or
ü Such amendments as may be necessary to cause the add something to the primary pleading. It exists
pleadings to conform to the evidence may be made side by side with the original. It assumes that the
original pleading is to stand and that the issues
upon motion of any party at any time, even after
joined with the original pleading remained an
judgment.
issue to be tried in the action. It is but a
ü Failure to amend does not affect the result of the trial of
continuation of the complaint. Its usual office is to
those issues.
set up new facts which justify, enlarge or change
the kind of relief with respect to the same subject
(2) Objection to the evidence is raised
matter as the controversy referred to in the
(a) Objection on the ground that it is not within the
original complaint.
issues made by the pleadings.
(b) Court may allow the pleadings to be amended and
When the cause of action in the supplemental complaint is
shall do so freely when the presentation of the
different from the cause of action mentioned in the original
merits of the action will be subserved. complaint, the court should not admit the supplemental
(c) As safeguard, the court may grant a continuance complaint (Asset Privatization Trust vs. CA, 324 SCRA 533).
to enable the objecting party to meet such
evidence. The filing of an answer to the supplemental pleading is not
mandatory (Chan vs. Chan, 2008).
SUPPLEMENTAL PLEADINGS
EFFECT OF AMENDED PLEADING
Supplemental
Amendment
Pleadings ON THE ORIGINAL PLEADING
An amended pleading supersedes the original one which it
amends. The original complaint is deemed superseded and
abandoned by the amendatory complaint only if the latter
introduces a new or different cause.
ON ADMISSIONS MADE IN THE ORIGINAL PLEAING

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Admissions made in the original pleadings cease to be

judicial admissions. They are to be considered as
extrajudicial admissions. However, admissions in PERSONAM
superseded pleadings may be received in evidence against Purpose: Not only to notify the defendant of the action
the pleader and in order to be utilized as extrajudicial against him but also to acquire jurisdiction over his person.
admissions, they must, in order to have such effect, be
formally offered in evidence. Service of summons is required even if the defendant is aware
of the filing of the action against him. His knowledge of the
existence of a case is not one of the modes by which a court
acquires jurisdiction over the person of the defendant.
SUMMONS
REM
Purpose: Not the acquisition of jurisdiction over the
SUMMONS
defendant but mainly to satisfy the constitutional
A coercive force issued by the court to acquire jurisdiction
requirement of due process.
over the person of the defendant.
Jurisdiction over the defendant is not mandatory and the
Summons is the writ by which the defendant is notified of
court acquires jurisdiction over an action as long as it acquires
the action brought against him the issuance of such is a
jurisdiction over the res.
mandatory requirement.
Upon the filing of the complaint and the payment of the

QUASI IN REM
requisite legal fees, the clerk of court shall forthwith issue
Purpose: Directed against particular persons. Jurisdiction
the corresponding summons to the defendants.
over the person of the defendant is not required, it is the
jurisdiction over the res that is essential. Here, judgment is
The issuance of summons is not discretionary on the part of
binding only against particular persons and not against the
the court or the clerk of court but is a mandatory
whole world.
requirement.
DIFFERENTIATION OF ACTIONS IN PERSONAM, IN

NATURE AND PURPOSE OF SUMMONS IN RELATION REM AND QUASI IN REM
TO ACTIONS IN PERSONAM, IN REM AND QUASI IN In rem In personam Quasi in rem
Directed against
REM Directed against Directed against
particular
the thing itself particular person
person
In ACTIONS IN PERSONAM: Jurisdiction Jurisdiction
Jurisdiction over
ü To acquire jurisdiction over the person of the defendant over the person over the person
the person is
in a civil case of the defendant of the defendant
required
ü To give notice to the defendant that an action has been is not required is not required
commenced against him Judgment is
binding only Judgment is
Judgment is
In ACTIONS IN REM AND QUASI IN REM: upon the parties binding upon
binding against
(1) Not to acquire jurisdiction over the defendant but impleaded or particular
the whole world
mainly to satisfy the constitutional requirement of due successors in persons.
process interest
SERVICE IN RELATION TO ACTIONS CONTENTS OF THE SUMMONS (SEC 3, RULE 14, ROC.)
In personam In rem/ Quasi in rem The summons shall be
Resident (1) directed to the defendant
(1) Personal service (1) Personal service (2) signed by the clerk of court under seal
(2) Substituted service (2) Substituted service 1. contain:
(3) Constructive (3) Constructive Service (By (1) name of the court and the names of the parties to
Service (By publication) the action
publication) - if unknown (2) direction that the defendant answer within the
- if unknown - temporarily absent time fixed by the ROC
- temporarily absent (3) notice that unless the defendant so answers,
Non-Resident plaintiff will take judgment by default and may be
Personal service outside of granted the relief applied for
the country with leave of
court A copy of the complaint and order for appointment of
guardian ad litem, if any, shall be attached to the original
Not allowed and each copy of the summons.
OR
Publication with leave of WHO SERVES THE SUMMONS (SEC. 3, RULE 14, ROC.)
court The summons may be served by

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ü the sheriff
ü sheriff’s deputy For substituted service to be available there must be:
ü other proper court officer 2. Several attempts by the sheriff to personally serve
ü for justifiable reasons, any suitable person authorized the summons within a reasonable period which
by the court issuing the summons eventually resulted in failure to prove impossibility
of prompt service.
“Several attempts” means at least three (3) tries, preferably on
at least two different dates.
VOLUNTARY APPEARANCE
3.Citation by the sheriff in his Return of Summons
Voluntary appearance cures the defect in the service of why such efforts were unsuccessful.
summons. Only then can the impossibility of service be confirmed or
accepted.
General rule: Defendant’s voluntary appearance in the
action shall be equivalent to service of summons (Sec. 14, How substituted service is made
Rule 20) (1) By leaving copies of the summons at the defendant’s residence
with some person of suitable age and discretion then
Exceptions residing therein, or
ü Special Appearance to file a MTD
ü Inclusion in the MTD of grounds other than lack of “a person of suitable age and discretion” One who has attained
Jurisdiction over the defendant’s person the full age of full legal capacity (18 years old) and is
considered to have enough discernment to understand the
An absence of service of summons or an invalid service of importance of summons
summons will not prevent the court from acquiring
jurisdiction over the defendant as long as he performs acts “discretion” Ability to make decisions which represent a
that could be construed as voluntary appearance. His responsible choice and for which an understanding of what is
voluntary appearance shall be equivalent to service of lawful, right or wise may be presupposed.
summons.
the person must have a “relation of confidence” to the
defendant 30.
PERSONAL SERVICE
(2) By leaving the copies at defendant’s office or regular place of
Note that there is a difference between service in person of business with some competent person in charge thereof.
the defendant and personal service which is contemplated in
Rule 13. The latter refers to service of pleadings, while the “a competent person in charge of the office or regular place of
former referes to service of summons. business “ must be the one managing the office or business of
defendant, such as the president or manager;
In an action strictly in personam, service in person on the
defendant is the preferred mode of service. This is to be done and such individual must have sufficient knowledge to
by handing a copy to the defendant in person. understand the obligation of the defendant in the summons,
its importance, and the prejudicial effects arising from
If he refuses to receive and sign for it, the remedy of the inaction on the summons” 31
server is to tender the summons to the defendant. If the
defendant refuses the service, the server should not resort to not necessary that the person in charge be specifically
substituted service immediately. He must “tender” the authorized to receive the summons. It is enough that he
summons to him. Tender of summons is not a separate mode appears to be in charge 32.
of service. It is part of service in person.
Where the substituted service has been validly served, its
validity is not affected by the defendant’s failure to actually
receive the summons from the person with whom the
SUBSTITUTED SERVICE summons has been left.
Substituted service may be availed of if “for justifiable It is immaterial that the defendant does not in fact receive
causes, the defendant cannot be serviced within a reasonable actual notice.
time.” (Sec. 7, Rule 14)
The rule does not require the sheriff or any authorized server
REASONABLE TIME - MEANING to verify that the summons left in the defendant’s resident or
A period of time longer than that demarcated by the word office was actually delivered to the defendant.33
“prompt” and presupposes that a prior attempt at personal
service had failed. Reasonable time depends on the:
1. Necessary time under the circumstances for a
reasonably prudent and diligent man to do, CONSTRUCTIVE SERVICE (BY PUBLICATION)
conveniently, what the contract or duty requires
that should be done. General rules
30 Manotoc vs. Court of Appeals, 499 SCRA 21 32 Guanzon vs. Arradaza, 510 SCRA 309
31 supra 33 Montalban vs. Maximo, 22 SCRA 1070

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(1) Constructive service is available only in actions in rem or SPECIAL CLASSES OF DEFENDANTS
in quasi in rem.
(2) It is not available as a means of acquiring jurisdiction
SERVICE UPON ENTITY WITHOUT JURIDICAL
over the person of the defendant in action in personam.
PERSONALITY
Publication is notice to the whole world that the proceeding (Sec. 8, Rule 14)
has for its object to bar indefinitely all who might be minded Applicable in cases where:
to make an objection of any sort against the right sought to be (1) Persons are associated in an entity without juridical
established. It brings in the whole world as a party in the case personality; and
and vests the court with jurisdiction to hear and decide it. (2) They are sued under the name by which they are
generally or commonly known
General rule:
Publication is not a mode of service in an action in personam Service is effected upon all of them by:
against a resident defendant. ü Serving summons upon any of them; or
ü Serving summons upon the person in charge of their
Exception: office or place of business
Section 14 and 16 of Rule 14
(a) Service upon defendant whose identity or whereabouts
are unknown. (Sec 14)
SERVICE UPON DOMESTIC PRIVATE JURIDICAL
(b) Residents temporarily out of the Philippines. (Sec 16)
(c) Extraterrirotial service (Sec. 15) PERSONALITY
(Sec. 11, Rule 14)
Constructive service always requies permission of the court. When the defendant is a corporation, partnership or
association organized under the laws of the Philippines with
a juridical personality, service may be made upon the
following persons:
SERVICE UPON DEFENDANT WHOSE IDENTITY OR
ü President
WHEREABOUTS IS UNKNOWN
ü managing partner
(Sec. 14, Rule 14) ü general manager
Applies when: ü corporate secretary
4. Defendant is sued as an unknown owner; or ü treasurer, or
5. His whereabouts are unknown and cannot be ü in-house counsel
ascertained with diligent inquiry
This enumeration has been held to be limited to the persons
Service of summons may effected through any of the enumerated and summons cannot be served upon any other
following modes: person.
(1) by personal service as in Sec. 6 of Rule 14;
(2) by publication in a newspaper of general circulation SERVICE UPON FOREIGN PRIVATE JURIDICAL
together with a registered mailing of a copy of the PERSONALITY
summons and the order of the court to the last known (Sec. 12, Rule 14)
address of the defendant; or Service upon a foreign private juridical entity which has
(3) by any manner the court may deem sufficient. transacted business in the Philippines may be made on
(a) its resident agent designated in accordance with law for
that purpose, or,
(b) if there be no such agent, on the government official
designated by law to that effect, or
SERVICE UPON RESIDENTS TEMPORARILY OUTSIDE (c) on any of its officers or agents within the Philippines
THE PHILIPPINES
When a foreign corporation has designated a person to
(Sec. 16, Rule 14) receive summons on its behalf pursuant to the Corporation
Applies when: Code, that designation is exclusive and service of summons
(1) Defendant is a resident of the Philippines; on any other person is inefficacious.
(2) Is temporarily out of the country
A resident defendant is temporarily out of the country, if he

SERVICE UPON PUBLIC CORPORATIONS
has a residence or place of business in the Philippines, and
because he cannot be served within a reasonable time because (Sec. 13, Rule 14)
of his absence in the Philippines, this absence would now Service may be effected on:
trigger the application of the rule on substituted service of ü the Socilitor General, when the defendant is the
summons. Republic of the Philippines
ü the executive head, or on such other officer or
officers as the law or the court may direct, if the
defendant is a province, city or municipality, or
like public corporations.

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EXTRATERRITORIAL SERVICE SERVICE UPON MINORS AND INCOMPETENTS35

Serve upon the minor/incompetent and on his legal
Extraterritorial service of summons applies when the guardian
following requisites concur: (Sec. 15, Rule 14)
ü The defendant is a non-resident; If there is no guardian
ü He is not found in the Philippines; and Plaintiff may apply for the appointment of a guardian ad
ü The action against him is either in rem or quasi in rem. litem
It does not apply to a defendant who is a resident of the If minor

Philippines. It also does not apply to an action in personam. May serve on his parents
The specific actions, which are either in rem or quasi in rem SUMMONS WHEN COMPLAINT IS AMENDED
that will justify the application of extraterritorial service of General rule: An amended pleading supersedes the original
summons in actions involving a non-resident are: one that it amends36
(1) Actions that affect the personal status of the plaintiff;
(2) Actions which relate to, or the subject matter of which is Hence, it does not ipso facto follow that the service of a new
property within the Philippines, in which the defendant summons is required whenever a complaint is amended.
claims a lien or interest, actual or contingent;
(3) Actions in which the relief demanded consists, wholly or Where the defendant has already appeared before the trial
in part, in excluding the defendant form an interest in court by virtue of a summons on the original complaint - the
property located in the Philippines; and amended complaint may be served upon them without need
(4) When the defendant’s property has been attached in the for another summons, even if new causes of actions are
Philippines. alleged.
MODES OF EXTRATERRITORIAL SERVICE When the defendant has not yet appeared in court and no
When the conditions for the applicability of extraterritorial summons had been validly served - new summons on the
service of summons are complied with, the following are the amended complaint must be served on them.
alternative modes of extraterritorial service, all of which require (1) It is not the change in the cause of action that gives rise
a prior leave of court: to the need to serve another summons for the amended
(1) By personal service as provided in Sec. 6 of Rule 14 complaint, but rather the acquisition of jurisdiction
governing ‘service in person on defendant’; over the person of the defendant. If the trial court has
(2) By publication in a newspaper of general circulation in not yet obtained jurisdiction over them, a new service
such places and for such time as the court may order, in of summons for the amended complaint is required.
which case a copy of the summons and the order of the
court shall be sent by registered mail to the last known
address of the defendant; or
(3) In any manner the court may deem sufficient.
PROOF OF SERVICE37
The personal service in Sec. 6 of Rule 14 will not have the
effect of acquiring jurisdiction over the non-resident General rule: Return of service of summons immediately
defendant even if the summons and the copy of the complaint shifts burden of evidence from plaintiff to defendant since
are personally received by him in the country where he may there is presumption of regularity
be found. This is due to the rule that a non-resident defendant
who refuses to come to the country voluntarily remains Without return of service, Burden is on plaintiff
beyond the personal processes over him.
Exception
Summons is served upon the defendant not for the purpose Doctrine of substantial compliance
of vesting the court with jurisdiction over the person of the If defendant actually received summons and complaint
defendant but merely for satisfying the due process despite all these technicalities
requirement. In proceedings in rem or quasi in re, jurisdiction
over the defendant is not required as long as the court Proof of service, how it is done
acquires jurisdiction over the res. (1) If personal or substituted service: In writing by
the server and shall:
Compliance with due process is actually the underlying 1. Set forth the manner/place/date of service
process of all modes of extraterritorial service. 2. Specify any papers which have been served with
the process and the name of the person who
received the same
3. Be sworn to when made by a person other than a
SERVICE UPON PRISONERS AND MINORS sheriff or his deputy
(2) If by publication (SEC 19, RULE 14, ROC)

SERVICE UPON PRISONER 34 (a) Affidavit of the printer, his foreman, principal clerk, or
Serve upon the officer having management of the jail/prison the editor, business/advertising manager, with a copy
of the publcation attacked
34 Sec. 9, Rule 14 36 Sec. 8, Rule 14

35 Sec. 10, Rule 14 37 Sec. 18, Rule 14

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(b) Affidavit showing the deposit of a copy of the General rule: All objections not included in the motion are
summons and order for publication in the post office, deemed waived.
postage prepaid, directed to the defendant by
registered mail to his last known address Exception: When the court’s jurisdiction is in issue:
(1) Lack of jurisdiction over subject-matter;
RETURN (SEC. 4, RULE 14, ROC.) (2) Litis pendentia;
When the service has been completed, the server shall, (3) Res judicata;
within five (5) days therefrom: (4) Prescription.
(1) serve a copy of the return, personally or by
registered mail, to the plaintiff’s counsel; and
(2) shall return the summons to the clerk who issued
it, accompanied by proof of service.
CONTENT AND FORMS OF MOTIONS
ALIAS SUMMONS (SEC 5, RULE 14, ROC) (1) Relief sought to be obtained
Upon plaintiff’s demand, the clerk may issue an alias (2) Grounds upon which it is based
summons if either: (3) Supporting affidavits, if:
(1) Summons is returned without being served on a) Required by the Rules; or
any/all of the defendants. b) Necessary to prove facts alleged in the
(2) Summons was lost. motion
(4) Motions raising factual issued must be supported by
The server shall also serve a copy of the return on the affidavits.
plaintiff's counsel within 5 days therefrom, stating the
reasons for the failure of service.
NOTICE OF HEARING AND HEARING OF MOTIONS

A notice of hearing addressed to the clerk of court, and not to
MOTIONS the parties, is no notice at all.
Accordingly, a motion that does not contain a notice of

MOTIONS IN GENERAL hearing to the adverse party is nothing but a mere scrap of
paper, as if it were not filed; hence, it did not suspend the
running of the period to appeal. [Provident International
DEFINITION OF A MOTION Resources v. CA (1996)]
An application for relief other than by a pleading. Motion and notice of hearing must be served at least 3 days
before the date of hearing; Rule 15, Sec. 4
General rule
A motion cannot pray for judgment. Three-day Notice Rule
General rule: Strict compliance is required
Exceptions
(1) Motion for judgment on the pleadings Exception: Not absolute. When the adverse party was given a
(2) Motion for summary judgment reasonable opportunity to study the motion and oppose it,
(3) Motion for judgment on demurrer to evidence then strict compliance with the three-day notice rule may be
dispensed with (Microsoft Corporation and Adobe Systems
Incorporated vs. Farajallaj, 2014).
MOTIONS VERSUS PLEADINGS
Motion and notice shall be furnished at least 3 days before the
Motion Pleading intended hearing of the motion, unless the Rules provide for
Contains allegations of an over-period such as in summary judgments.
Contains allegations of facts
the ultimate facts
Prays for a relief Prays for a relief Purpose
Grant of the relief does not Grant of relief To prevent surprise upon the adverse party and to enable the
extinguish the action extinguishes the action latter to study and meet the arguments of the motion.
(interlocutory relief) (final relief)
Generally in writing (with Exceptions
Always in writing (a) Ex parte motions;
some exceptions)
(b) Urgent motions;
Omnibus motion rule, defined (c) Motions agreed upon by the parties to be heard on
A motion attacking a pleading/ order/ judgment/ shorter notice, or jointly submitted by the parties;
proceeding must include all objections then available. (d) Motions for summary judgment which must be
served at least 10 days before its hearing.
Purpose: To require movant to raise all available relief/
objections/ defense during a single opportunity to avoid
multiplicity of suits and discourage piece-meal objections

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OMNIBUS MOTION RULE BILL OF PARTICULARS IN CIVIL AND CRIMINAL

CASES38
A motion attacking a pleading, order, judgment, or
proceeding must include all objections then available. All
objections not included in the motion are deemed waived. Civil Criminal
More particularized
When a motion to dismiss is filed, all grounds for objection Details items or specific
outline of a pleading; in
available at the time the motion is filed must be invoked in conduct not recited in the
the nature of a more
the motion. This is required under the “Omnibus Motion Information but nonetheless
specific allegation of the
Rule.” The objections which are not invoked are deemed pertain to or are included in
facts recited in the
waived. the crime charged.
pleading.
To enable an accused:
Not waived even if not invoked in a Motion to Dismiss): (1) to know the theory of
(1) Lack of jurisdiction over subject matter the government’s case;
(2) Litis pendentia (2) to prepare his defense
(3) Res judicata The purpose is to enable and to avoid surprise at
(4) Prescription a party to prepare his the trial;
responsive pleading (3) to plead his acquittal or
Note: The Omnibus Motion Rule applied only when a properly. conviction in bar of
motion to dismiss is filed. If no motion to dismiss is filed, another prosecution for
any of the grounds for dismissal may be pleaded as an the same offense; and,
affirmative defense in the answer. (Sec. 6, Rule 16) (4) to compel the
prosecution to observe
LITIGATED AND EX PARTE MOTION

A litigated motion is one which requires the parties to be
heard before a ruling on the motion is made by the court. Sec. PURPOSE
4 establishes the general rule that every written motion is To seek an order from the court directing the pleader to
deemed a litigated motion. submit a bill of particulars which avers matters with
“sufficient definiteness or particularity” to enable the movant
An ex parte motion is one which does not require that the to properly prepare his responsive pleading. (Sec. 1, Rule 12)
parties be heard, and which the court may act upon without
prejudicing the rights of the other party. This kind of motion It is not to enable the movant to prepare for trial. (Riano)
is not covered by the hearing requirement of the Rules (Sec.
2). The only question to be resolved in a motion for a Bill of
Particulars is whether or not the allegations in the complaint
are averred with sufficient definiteness/particularity to
PRO-FORMA MOTIONS enable the movant to properly prepare his responsive
pleading and to prepare for trial39.
A motion failing to indicate time and date of the hearing.
A Bill of Particulars becomes part of the pleading for which it
was intended. (Sec. 6, Rule 12)
MOTION FOR BILL OF PARTICULARS

WHEN APPLIED FOR
MOTION FOR BILL OF PARTICULARS - DEFINITION (1) Before responding to a pleading

It is a detailed explanation respecting any matter which is (2) If the pleading is a reply, within 10 days from service
not averred with sufficient definiteness/ particularity in the thereof
complaint as to enable a party to properly prepare his
responsive pleading or to prepare for trial. What it should point out
(1) The defects complained of;
It is filed by the plaintiff pursuant to a court order issued (2) The paragraph wherein they are contained;
upon granting a motion for Bill of Particulars filed by the (3) The details desired.
defendant before the latter files an answer.
In said motion, the defendant prays for a more definite statement ACTION OF THE COURT
of matters which are not averred with sufficient definiteness
in the complaint. (1) Deny;
(2) Grant the motion outright;
(3) Allow the parties the opportunity to be heard
38 Enrile v. People, G.R. No. 213455 39 Tantuico, Jr. v. Republic (1991)

Remedial Law
COMPLIANCE WITH THE ORDER AND EFFECT OF ü It hypothetically admits the facts stated in the
NON-COMPLIANCE complaint.
ü It is not a responsive pleading.

COMPLIANCE WITH THE ORDER 40
If motion for Bill of Particulars is granted wholly/partially: ü It is subject to the omnibus motion rule since it is a
(1) Within 10 days from notice of order, Bill of motion that attacks a pleading.
Particulars or a more definite statement should be
submitted (unless court fixes a different period). Hence, it must raise all objections available at the time of
(2) BOP or definite statement filed either as a separate the filing thereof.
pleading or as an amended pleading, a copy of
which must be served on the adverse party. General rule: A court may not motu propio dismiss a case,
unless a motion to that effect is filed by a party.
EFFECT OF NON-COMPLIANCE
In case of non-compliance or insufficient compliance with Exception:
the order for Bill Of Particulars, the court: (a) Cases where the court may dismiss a case motu propio;
(1) May order the striking out of the pleading (or (Rule 9, Sec. 1)
portion thereof) to which the order is directed; OR (b) Failure to prosecute; (Rule 17, Sec. 3)
(2) Make such order as it may deem just. (c) Sec. 4, Revised Rule on Summary Procedure.
If the plaintiff fails to obey, his complaint may be dismissed

with prejudice unless otherwise ordered by the court. (Sec. 4,
Rule 12; Sec. 3, Rule 17)
GROUNDS
If defendant fails to obey, his answer will be stricken off and
(1) Lack of Jurisdiction over the defendant’s person;
his counterclaim dismissed, and he will be declared in
(2) Lack of Jurisdiction over the subject matter of the claim;
default upon motion of the plaintiff. (Sec. 3, Rule 9; Sec. 4,
(3) Improper venue;
Rule 12; Sec. 4, Rule 17)
(4) Plaintiff’s lack of legal capacity to sue;
(5) Litis pendentia;
(6) Res judicata;
EFFECT ON THE PERIOD TO FILE RESPONSIVE (7) Prescription;
PLEADING (8) Failure to state a cause of action;
(9) Extinguished claim;
(10) Unenforceable claim under the Statute of Frauds;
A Motion for Bill of Particulars interrupts the period to file a (11) Non-compliance with a condition precedent for filing
responsive pleading. claim.
The movant may file his responsive pleading: NOTE: Motion may only be based on the grounds
(1) Within the period he was entitled to at the time the enumerated in Sec. 1, Rule 16. These grounds must be
motion was filed; OR alleged on the motion to dismiss.
(2) Within 5 days, whichever is higher.
1. LACK OF JURISDICTION OVER THE DEFENDANT’S
Reckoning period to file responsive pleading: PERSON
(1) Service of the Bill of Particulars or more definitive The objection of Lack of Jurisdiction over the person on
pleadings; OR account of lack of service or defective service of summons,
(2) Notice of denial of his Motion for Bill of Particulars. must be raised:
(1) At the very first opportunity
NOTE: Motion of Bill of Particulars is NOT an alternative (2) Before any voluntary appearance is made
remedy with a Motion to Dismiss.
2. LACK OF JURISDICTION OVER THE SUBJECT MATTER
OF THE CLAIM
If the complaint shows on its face Lack of Jurisdiction, the
MOTION TO DISMISS court may dismiss the case outright instead of hearing the
motion.
MOTION TO DISMISS IN GENERAL A Motion To Dismiss on the ground of Lack of Jurisdiction

A remedy of the defendant, or the responding party in over the subject matter may be raised either:
general, which attacks the entire pleading and seeks its (1) Before answer;
dismissal based on: (2) After answer is filed;
(1) Grounds which are patent on the face of the complaint; (3) After hearing had commenced;
(2) Defenses available to the defendant at the time of the (4) At any stage of the proceeding, even for the first
filing of the complaint. time on appeal and even if no such defense is
raised in the answer.
40 Sec. 3, Rule 12.

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3. IMPROPER VENUE
Unless and until the defendant objects to the venue in a For res judicata to apply, absolute identity of parties is not
Motion To Dismiss prior to a responsive pleading, the venue required because substantial identity is sufficient. Inclusion of
cannot truly be said to have been improperly laid since, for additional parties will not affect the application of the
all practical intents and purposes, the venue though principle of res judicata.
technically wrong may yet be considered acceptable to the
parties for whose convenience the rules on venue had been Res Judicata is a concept of civil law and thus, has no bearing
devised. Improper venue may be waived and such waiver on a criminal proceeding. Hence, the argument that the
may occur by laches41. dismissal of a case during a preliminary investigation bars a
further reinvestigation because of the doctrine of res judicata
A stipulation between the parties as to venue does not , is untenable (Trinidad v. Office of the Ombudsman, 2007)
preclude the filing of suits in the residence of
plaintiff/defendant under Rule 4, Sec. 2(b). In the absence of Rationale:
qualifying/restrictive words which would indicate that a (1) Public policy and necessity makes it the interest of the
specific place alone is the venue, an agreement as to venue is State that there should be an end to litigation;
merely permissive and there is no waiver of right to pursue (2) The hardship on the individual that h should be vexed
remedy in other courts 42. twice for the same cause. (Arenas vs. CA, 2000)
If the court erroneously denies the MTD, the remedy is TWO CONCEPTS OF RES JUDICATA
prohibition. (1) BAR BY PRIOR JUDGMENT
Bars the prosecution of a second action upon the same claim,
4. PLAINTIFF’S LACK OF LEGAL CAPACITY TO SUE demand or cause of action.
The plaintiff lacks legal capacity to sue:
(1) When he does not possess the necessary qualification to (2) CONCLUSIVENESS OF JUDGMENT
appear at the trial States a fact or question which was an issue in a former suit
(2) When he does not have the character which he claims, and was there judicially passed upon and determined by a
which is a matter of evidence court of competent jurisdiction, is conclusively settled by the
judgment therein as far as the parties to that action and
Lack of legal capacity to sue refers to plaintiff’s disability; persons in privity with them are concerned and cannot be
while lack of legal personality to sue refers to the fact that again litigated in any future action between such parties or
the plaintiff is not a real party in interest, in which case the their privies, in the same court or any other court of
ground for dismissal would be that the complaint states no concurrent jurisdiction on either the same or different cause
cause of action. of action, while the judgment remains unreversed by the
proper authority [Moraga v. Spouses Somo, 501 SCRA 118]
5. LITIS PENDENTIA
It is not required to allege that there be a prior pending case. 7. STATUTE OF LIMITATIONS
It is sufficient to allege and prove the pendency of another Prescription applies only when the complaint on its face
case, even if same had been brought later. shows that indeed the action has already prescribed.
Requisites [Republic vs. Carmel Development, Inc. (2002)] If the fact of prescription is not indicated on the face of the
(1) Identity of parties, or at least such as representing the complaint and the same may be brought out later, the court
same interest in both actions must defer decision on the motion until such time as proof
(2) Identity of rights asserted and relief prayed for, the may be presented on such fact of prescription.
relief being founded on the same facts, and
(3) Identity of the two cases such that judgment in one, Prescription Laches
regardless of which party is successful, would amount Concerned with the fact of Concerned with the effect
to res judicata in the other delay of delay
A matter of time A matter of equity
6. RES JUDICATA Statutory Not statutory
Requisites: (Topacio v. Banco Filipino Savings and Mortgage Applies in law Applies in equity
Banks, 2010) Based on fixed time Not based on fixed time
(1) Former judgment must be final;
(2) Judgment must be on the merits; 8. COMPLAINT STATES NO CAUSE OF ACTION
(3) The court which rendered it had jurisdiction over Failure to state a cause of action (not lack of cause of action) is
subject matter and parties; the ground for a Motion To Dismiss. The former means there
(4) There must be between the first and the second actions, is insufficiency in the allegations in the pleading. The latter
identity: means that there is insufficiency in the factual basis of the
(5) identity of parties, action.
(6) subject matter, and
(7) causes of action. A Motion To Dismiss based upon the ground of failure to
state a cause of action imports a hypothetical admission by
There can be res judicata without a trial, such as in a judgment the defendant of the facts alleged in the complaint.
on the pleadings (Rule 34); a summary judgment (Rule 35); or
an order of dismissal under Rule 17, Sec. 3.
41 Diaz v. Adiong (1993) 42 HSBC v. Sherman (1989)

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A complaint containing a premature cause of action may be (4) The court cannot defer the resolution of the
dismissed for failure to state a cause of action. Motion To Dismiss for the reason that the
ground relied upon is not indubitable.
If the suit is not brought against the real party-in-interest, a (5) The court’s resolution on the Motion To
motion to dismiss may be filed on the ground that the Dismiss must clearly and distinctly state the
complaint states no cause of action. (Tanpinco v. IAC, 1992) reasons therefor.
FAILURE TO STATE NO CAUSE OF ACTION

Insufficiency of the Insufficiency of factual
REMEDIES of PLAINTIFF WHEN COMPLAINT IS
allegations in the pleadings basis for the action
May be raised in the MTD May be raised at any time DISMISSED
at the any time before the (1) Refile, if dismissal does not amount to adjudication on
filing of the answer to the the merits
complaint or pleadings (2) Appeal, if the ground bars re-filing
asserting a claim (3) Petition for Certiorari, if dismissal is tainted with grave
Can be made at the earliest Made after questions of abuse of discretion
stages of an action fact have been resolved on
the basis of stipulations,
admissions or evidence
presented REMEDIES of DEFENDANT WHEN MOTION IS DENIED
Without prejudice With prejudice General Rule: Filing an answer and going through the
Based on fixed time Not based on fixed time regular trial process, and may later file a timely appeal for
the denial of the MTD
9. EXTINGUISHED CLAIM
That the claim/demand set forth in the plaintiff's pleading Exception: Assail denial through certiorari, prohibition, or
has been paid, waived, abandoned or otherwise mandamus, if there is grave abuse of discretion amounting
extinguished. to lack of jurisdiction.
10. UNENFORCEABLE CLAIM UNDER THE STATUTE OF

FRAUDS
Those stated under Article 1403(2) of the Civil Code which EFFECTS OF DIMISSAL OF COMPLAINT ON CERTAIN
enumerates contracts which needs to be evidenced by some GROUNDS
note or memorandum to be enforceable.
This can be filed even if the absence of the cause of action General rule: The action/claim may be re-filed.
does not appear on the fact of the complaint. (Yuviengco et Exception: The action cannot be re-filed (although subject to
al. v. Dacuycuy, et. al, 1981) appeal) if it was dismissed on any of the following grounds:
(1) Res judicata;
11. NON-COMPLIANCE WITH A CONDITION (2) Prescription;
PRECEDENT (3) Extinguishment of the claim/ demand;
Non-compliance with PD 1508 (Katarungang Pambarangay (4) Unenforceability under the Statute of Frauds. [Rule 16,
Law) may result in dismissal of the case on the ground of non- Sec. 1 (f),(h),(i)]
compliance with a condition precedent.
WHEN GROUNDS PLEADED AS AFFIRMATIVE

RESOLUTION OF MOTION DEFENSES
A motion to dismiss is a litigated motion and, hene, should If no Motion To Dismiss was filed, the grounds in Rule 16,
be heard. Sec. 1 may be pleaded as an affirmative defense and the
court may conduct a preliminary hearing thereon as if a
Hearing and Order MTD was filed.
(1) During the hearing of the motion, parties
shall submit: [Rule 16, Sec. 2]
ü Their arguments on questions of law;
BAR BY DISMISSAL
ü Their evidence on questions of fact.
Exception: Those not available at that time. As a general rule, the action/claim may be re-filed.
(2) If the case goes to trial, such evidence EXCEPTION: The action cannot be re-filed (although subject
presented shall automatically be part of the to appeal) if it was dismissed on any of the following grounds:
evidence of the party presenting the same. (1) Res judicata;
(3) After the hearing, the court may either: [Rule (2) Prescription;
16, Sec. 3] (3) Extinguishment of the claim/demand;
(a) Dismiss the action/claim; (4) Unenforceability under the Statute of Frauds.43
(b) Deny the Motion To Dismiss;
(c) Order the amendment of pleadings. IF MOTION TO DIMISS IS DENIED
43 Sec. 1(f), (h), (i), Rule 16

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Movant must file his answer within the balance of the period DISMISSAL OF ACTION
under Rule 11 to which he was entitled at the time of serving
his Motion to Dimiss (but not less than 5 days) computed
from his receipt of notice of the denial.
IF PLEADING IS ORDERED TO BE AMENDED

Movant must file his answer within the period under Rule 11,
counted from service of the amended pleading (unless the DISMISSAL UPON NOTICE BY THE PLAINTIFF
court gives a longer period).
Dismissal here is effected not by motion but by mere notice
before the service of either:
On other grounds and omnibus motion rule 1. The answer;
Motion To Dismiss based on the following grounds may be 2. A motion for summary judgment. (Sec. 1, Rule 17)
filed even after filing an answer: [Rule 9, Sec. 1]
1. Lack Of Jurisdiction over subject-matter;
It is not the order confirming the dismissal which operates to
2. Litis pendentia; dismiss the complaint. As the name of the order implies, said
3. Res judicata; order merely confirms a dismissal already effected by the
4. Prescription. filing of the notice of dismissal. Since the order issued by the
Court merely confirms the dismissal, it follows that the court
Dismissal of the complaint under Rule 16, Sec. 6 is without
does not have to approve the dismissal because it has no
prejudice to the prosecution in the same or in a separate action discretion on the matter (Riano, 2009)
of a counterclaim pleaded in the answer.
General Rule: The dismissal is without prejudice.
DISTINGUISHED FROM DEMURRER TO EVIDENCE Exception

UNDER RULE 33 (1) If the notice of dismissal provides that it is with
prejudice.
MTD under Rule 33 ü The dismissal is still with prejudice even it the
MTD under Rule 16
(Demurrer to evidence) notice of dismissal does not so provide, where
Based on preliminary Based on insufficiency of such notice is premised on the fact of payment by
objections evidence the defendant of the claim involved. (Serrano v.
May be filed by any Cabrera, 1953)
May be filed only by the
defending party against
defendant against the (2) TWO-DISMISSAL RULE
whom a claim is asserted in
complaint of the plaintiff Applies when the plaintiff has:
the action
Should be filed within the (a) twice dismissed actions;
May be filed only after (b) based on or including the same claim;
time for, but prior to, the
the plaintiff has (c) in a court of competent jurisdiction.
filing of the defending
completed the
party’s answer to the
presentation of his The second notice of dismissal will bar the refilling of the
pleading asserting the claim
evidence action because it will operate as an adjudication of the claim
against him
upon merits.
If denied, defendant If denied, defendant may
answers; else, he may be present evidence. Accordingly, for a dismissal to operate as an adjudication
declared in default. If granted, plaintiff upon the merits, i.e., with prejudice to the re-filing of the same
If granted, plaintiff may appeals and the order of claim, the following requisites must be present:
appeal or if a subsequent the dismissal is reversed;
case is not barred, he may the defendant loses his (1) There was a previous case that was dismissed by a
re-file the case right to present evidence. competent court;
(2) Both cases were based on or include the same claim;
(3) Both notices for dismissal were filed by the plaintiff; and
(4) When the motion to dismiss filed by the plaintiff was
consented to by the defendant on the ground that the
latter paid and satisfied all the claims of the former.44
DISMISSAL UPON MOTION OF PLAINTIFF; EFFECT ON

EXISTING COUNTERCLAIM45
45 Sec. 2, Rule 17
44 Ching vs. Cheng, G.R. No. 175507 (2014)

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Dismissal of the complaint is subject to the court’s discretion General Rule: Dismissal is with prejudice and operates as an
and upon such terms and conditions as may be deemed adjudication on merits
proper by court
Exception:
Leave of court for the dismissal is necessary because the (1) Court declares otherwise; OR
motion is made after a responsive pleading or a motion for (2) Court has yet to acquire jurisdiction on the person of the
summary judgment has been served. defendant.
EFFECT ON EXISTING COUNTERCLAIM: The dismissal due to the fault of the plaintiff may be done by
the court on its own motion (motu proprio) or upon a motion
If defendant pleaded a counterclaim prior to the service upon filed by the defendant. (Sec 3, Rule 17, Rules of Court)
him of the plaintiff’s motion for dismissal, the dismissal shall
be without prejudice to the defendant’s right to either:
(1) Prosecute his counterclaim in a separate action;
(2) Have the counterclaim resolved in the same
action, by manifesting such preference within 15 DISMISSAL OF COUNTERCLAIM, CROSS-CLAIM OR
days from being notified of plaintiff’s motion for THIRD-PARTY COMPLAINT
dismissal.
General Rule: Dismissal is without prejudice The dismissal of the complaint under Sec. 2 of Rule 17 i.e.,
because of the fault of the plaintiff, is without prejudice to
Exceptions: the right of the defendant to prosecute his counterclaim in
(1) When otherwise stated in the motion to dismiss; the same action or in a separate action.
OR
(2) When stated to be with prejudice in the order of This Rule applies to the dismissal of counterclaims, cross-
the court claims or 3rd-party complaints.
Court approval of the court is necessary in the

dismissal/compromise of a class suit.
PRE-TRIAL
DIMISSAL DUE TO THE FAULT OF PLAINTIFF
CONCEPT OF PRE-TRIAL
A complaint may be dismissed even if the plaintiff has no
desire to have the same dismissed. The dismissal in this case
will be through reasons attributed to his fault. Sec 3 Rule 17 Pre-trial is mandatory in civil cases. In a civil case, it is not the
provides the grounds for dismissal: court which initiates the setting of the case for pre-trial. It is
set at the instance of the plaintiff. It shall be the duty of the
The dismissal due to the fault of the plaintiff may be done by plaintiff to promptly file a motion to set the case for pre-trial.
the court on its own motion (motu proprio) or upon a motion
filed by the defendant (Sec 3, Rule 17, Rules of Court) This motion of the plaintiff is an ex parte motion, thus need
not be subject of a hearing.
(1) The failure of the plaintiff, without justifiable reasons, to
appear on the date of the presentation of his evidence in chief; The motion for pre-trial is filed within 5 days from the last
•The plaintiff’s failure to appear at the trial after pleading. If the plaintiff fails to file the said motion within the
he has presented his evidence and rested his case period, the branch clerk of court shall issue notice of pre-trial
does not warrant the dismissal of the case on the (A.M. No. 03-1-09-SC, July 13, 2004).
ground of failure to prosecute.
LAST PLEADING: The last permissible pleading a party can
(2) The failure of the plaintiff to prosecute his action upon a file is the reply to the answer to the last pleading asserting the
reasonable length of time; claim. Where the last pleading has not yet been served and
•The test for dismissal of a case due to failure to filed, the case is not yet ready for pre-trial . However, the last
prosecute is WON, under the circumstances, the pleading need not be literally construed as one having been
plaintiff is chargeable with want of due diligence served and filed. For purposes of pre-trial, the expiration of
in failing to proceed with reasonable promptitude. the period for the filing the last pleading without it having
been served and filed is sufficient.46
(3) The failure of the plaintiff to comply with the Rules of
Court; or
(4) The failure of the plaintiff to obey any order of the court.
NATURE AND PURPOSE
EFFECT OF DISMISSAL UNDER SEC. 3, RULE 17
46 Sarmiento vs. Juan, 120 SCRA 403

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Pre-trial is a procedural device held prior to the trial for the

court to consider the following purposes (Sec. 2, Rule 18): BY THE DEFENDANT
The order allowing the plaintiff to present his evidence ex
(a) Possibility of amicable settlement or submission to parte does not dispose of the case with finality. The order is
alternative modes of dispute resolution therefore, merely interlocutory hence, not appealable.
(b) Simplification of issues
(c) Necessity or desirability of amendments to the Default by defendant As in Default
pleadings Upon motion and notice to Not required
(d) Possibility of obtaining stipulations or admissions of defendant
facts and of documents to avoid unnecessary proof Requires proof of failure to Not required
(e) Limitation of number of witnesses answer
(f) Advisability of a preliminary reference of issues to a Court to render judgment, Court to allow plaintiff to
commissioner unless it requires present evidence ex parte,
(g) Propriety of rendering judgment on the pleadings, or submission of evidence then the court shall render
summary judgment, or of dismissing the action should judgment
a valid ground therefore be found to exist Relief awarded must be the Relief awarded may be of
(h) Advisability or necessity of suspending the proceedings same in nature and amount different nature and
(i) Such other matters as may aid in the prompt as prayed for in the amount from the relief
disposition of the action complaint prayed for
NOTICE OF PRE-TRIAL PRE-TRIAL BRIEF47
Notice is important that it would be grave abuse of discretion The parties shall file with the court their respective pre-trial
for the court to allow the plaintiff to present his evidence ex briefs which shall be received at least 3 days before the date
parte for failure of the defendant to appear before the pre-trial of the pre-trial. This pre-trial brief shall be served on the
who did not receive through his counsel a notice of pre-trial. adverse party.
The pre-trial brief shall contain the following matters:

(1) Statement of their willingness to enter into an
APPEARANCE OF PARTIES
amicable settlement or alternative modes of dispute
resolution, indicating the desired terms thereof
General rule: It shall be the duty of both the parties and their (2) Summary of admitted facts and proposed
counsels to appear at the pre-trial. (Sec. 4, Rule 18) stipulation of facts
(3) Issues to be tried or resolved
Exceptions: (4) Documents or exhibits to be presented, stating the
A party’s non-appearance may be excused only if either purposes thereof
(1) A valid cause is shown for it (5) Manifestation of their having availed of their
(2) A representative appears in his behalf, fully intention to avail of the discovery procedures or referral to
authorized in writing: commissioners
(a) To enter into an amicable settlement (6) Number and names of the witnesses and he
(b) To submit to alternative modes of substance of their respective testimonies
dispute resolution
(c) To enter into stipulations/admissions of
facts and of documents EFFECT OF FAILURE TO FILE PRE-TRIAL BRIEF48
The failure to file the pre-trial brief shall have the same effect
as failure to appear at the pre-trial.
EFFECT OF FAILURE TO APPEAR AT THE PRE-TRIAL
RECORD OF PRE-TRIAL
Who fails to The pre-trial proceedings shall be recorded. Upon
Effect
appear termination of such proceedings, the court shall issue the
Dismissal of the action, with prejudice pre-trial order
Plaintiff
unless otherwise ordered by the court
Cause to allow the plaintiff to present his PRE-TRIAL ORDER
Defendant evidence ex-parte and the court to render This order of the court is issued by the court upon the
judgment on the basis thereof termination of the pre-trial. Pre-trial order shall be issued
within 10 days after the termination the pre-trial (A.M. No.
BY THE PLAINTIFF 03-109-SC, July 13, 2004)
Since the dismissal of the action shall be with prejudice
unless otherwise provided, the same shall have the effect of CONTENTS
an adjudication on the merits thus, final. (1) Matters taken up in the pleadings
47 Sec. 6, Rule 18 48 Sec. 6, Rule 18

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(2) The action taken thereon of property in the custody of the court or of
(3) The amendments allowed to the pleadings, and an officer thereof
(4) The agreements or admissions made by the parties
as to any of the matters considered (2) Intervention will not unduly delay or prejudice the
(5) Should the action proceed to trial, the order shall, adjudication of rights of original parties;
explicitly define and limit the issues to be tried.
(3) Intervenor's rights may not be fully protected in a
General rule: The contents of the order shall control the separate proceeding. [Ortega v. CA (1998)]
subsequent course of the action
Intervention is ancillary and supplemental to an existing
Exception: litigation. Hence the final dismissal of the principal action
(1) Modified before trial to prevent manifest injustice results into dismissal of said ancillary action.
(2) Amendment to conform to evidence
(3) Issues implied include therein or may be inferable FACTORS TO BE CONSIDERED
therefrom by necessary implication [Philippine Export and (1) Whether the intervention will unduly delay or
Foreign Loan Guarantee Corp. v. Amalgated Management prejudice the adjudication of the rights of the original
and Development Corp. (2011)] parties; and
(2) Whether the intervenor’s rights may be fully
protected in a separate proceeding.
DISTINCTION BETWEEN PRE-TRIAL IN A CIVIL CASE WHO MAY INTERVENE

AND PRE-TRIAL IN A CRIMINAL CASE (1) One who has legal interest in the matter in litigation.
(2) One who has a legal interest in the success of either of the
parties
Civil Case [Rule 18] Criminal Case [Rule 118] (3) One who has an interest against both parties
Set when the plaintiff Set by the court, no motion (4) One who is so situated as to be adversely affected by the
moves ex parte to set the required from the parties distribution of other disposition of property in the custody
case for pre-trial of the court or of an officer
Made after the last Ordered by the court after
pleading has been arraignment, and within 30 HOW TO INTERVENE
served and filed days from the date the court (a) With leave of court
acquired jurisdiction over the (b) Motion to intervene may be filed at any time before the
person of the accused rendition of judgment by the trial court
Possibility of an Possibility of an amicable
amicable settlement is settlement is not among its PLEADINGS IN INTERVENTION
an important objective purposes 1. COMPLAINT-IN-INTERVENTION
Sanctions for non- Sanctions are imposed upon if intervenor asserts a claim against either or all of the
appearance are imposed the counsel for the accused or original parties
upon plaintiff and the prosecutor
defendant 2. ANSWER-IN- INTERVENTION
Pre-trial brief is Pre-trial brief is not if intervenor unites with the defendant in resisting a claim
specifically required specifically required against the latter
INTERVENTION AND INTERPLEADER,

DISTINGUISHED
Intervention Interpleader
INTERVENTION
Ancillary Original
Proper in any of Presupposes that the plaintiff has
the four situations no interest in the subject matter of
A legal proceeding by which a third person is permitted by
mention in Rule 19 the action or has an interest which
the court to become a party by either:
in whole or in part is not disputed
(1) Joining the plaintiff
by the other parties
(2) Joining the defendant
(3) Asserting his right against both plaintiff and Defendants are Defendants are being sued
defendant, already original precisely to implead them
parties to the
pending suit
REQUISITES FOR INTERVENTION
(1) Legal interest TIME TO INTERVENE

ü in the matter in controversy; or
ü in the success of either of the parties; or
ü against both parties; or Motion may be filed at any time before rendition of
ü person is so situated as to be adversely judgment.
affected by a distribution or other disposition

Remedial Law
Answer to complaint-in-intervention must be filed within 15 SUBPOENA AD TESTIFICANDUM

days from notice of the order admitting the complaint-in-
intervention, unless a different period is fixed by the court.
Process directed to a person requiring him to attend and to
testify at:
(a) the hearing or the trial of an action
(b) at any investigation conducted by competent authority
REMEDY FOR THE DENIAL OF MOTION TO INTERVENE OR
(c) for the taking of his deposition
(a) If intervention is denied FORMS AND CONTENTS

ü Appeal by the aggrieved party (a) Name of the court
ü Mandamus, if there is grave abuse of discretion (b) Title of the action or investigation
(b) If intervention is granted (c) Directed to the person required to attend
ü Petition for certiorari for improper granting of
intervention GROUNDS FOR QUASHING
(a) Witness is not bound thereby
(b) Witness fees and kilometrage was not served
SUBPOENA
SERVICE OF SUBPOENA
Subpoena is a process directed to a person requiring him to
attend and to testify at the hearing or the trial of an action, or
at any investigation conducted by competent authority, or for Service of a subpoena shall be made in the same manner as
the taking of his deposition. It may also require him to bring personal or substituted service of summons. The original shall
with him any books, documents, or other things under his be exhibited and a copy thereof delivered to the person on
control, in which case it is called a subpoena duces tecum. whom it is served, tendering to him the fees for one day’s
(Sec.1, Rule 21) attendance and the kilometrage allowed by these Rules,
except that, when a subpoena is issued by or on behalf of the
Republic of the Philippines or an officer or agency thereof, the
tender need not be made. The service must be made so as to
SUBPOENA DUCES TECUM allow the witness a reasonable time for preparation and travel
to the place of attendance. If the subpoena is duces tecum, the
reasonable cost of producing the books, documents or things
A process directed to a person which requires him to bring demanded shall also be tendered. (Sec.6, Rule 21, ROC).
with him the following:
(a) any books
(b) documents OR
(c) other things under his control
COMPELLING ATTENDANCE OF WITNESSES;
FORMS AND CONTENTS CONTEMPT
(a) Name of the court
(b) Title of the action or investigation; It shall be directed to
the person required to attend The court which issued the subpoena may, upon proof of
(c) Directed to the person required to attend service and failure of witness to attend, issue a warrant for
(d) Must contain a reasonable description of books, the arrest of the witness and make him pay the cost of such
documents or things demanded which must appear to the warrant and seizure, if the court should determine that his
court prima facie relevant disobedience was willful and without just cause (Sec. 8, Rule
21)
GROUNDS FOR QUASHING
(1) It is unreasonable or oppressive The refusal to obey a subpoena without adequate cause shall
(2) The articles sought to be produce do not appear to be be deemed contempt of the court issuing it. (Sec. 9, Rule 21)
relevant
(3) Person asking for subpoena does not advance cost of
production
(4) Witness fees and kilometrage was not served QUASHING OF SUBPOENA
For subpoena duces tecum to issue, the court must satisfy:

(a) Test of relevancy – the books, documents or other The court may quash a subpoena duces tecum upon motion
things requested must appear prima facie relevant to the promptly made and, in any event, at or before the time
issue subject of the controversy specified therein if it is unreasonable and oppressive, or the
(b) Test of definiteness – such books must be relevancy of the books, documents or things does not
reasonably described by the parties to be readily identified appear, or if the person in whose behalf the subpoena is
issued fails to advance the reasonable cost of the production
thereof.

Remedial Law
MODES OF DISCOVERY relevant in some suit or proceeding in court. (Darmarias

Garments v. Reyes, 225 SCRA 622)
Discovery – a device employed by a party to obtain Two Methods for Taking Deposition
information about relevant matters on the case from the
adverse party in preparation for the trial. As contemplated by (1) Oral examination
the Rules, the device may be used by all the parties to the case. (2) Written interrogatory
(Riano)
Purpose:
1. To narrow and clarify basic issues between the parties, and USES; SCOPE OF EXAMINATION
2. As a device for ascertaining the facts relative to those issues
(Republic v. Sandiganbayan, 204 SCRA 212).
3. To permit mutual knowledge before trial of all relevant USES49
facts gathered by both parties so that either party may compel (1) Any part or all of the deposition, so far as admissible
the other to disgorge facts whatever he has in his possession. under the rules of evidence, may be used
(Riano) ü against any party who was present or represented
4. To enable a party to learn all the material and relevant facts, at the taking of the deposition, or
not only known to him and his witnesses but also those ü against one who had due notice of the deposition.
known to the adverse party and the latter's own witnesses. In The deposition or any of its parts, may be used at
fine, the object of discovery is to make it possible for all the the trial or upon the hearing of a motion or an
parties to a case to learn all the material and relevant facts, interlocutory proceeding
from whoever may have knowledge thereof, to the end that (2) The deposition may be used for the following purposes:
their pleadings or motions may not suffer from inadequacy of ü For contradicting or impeaching the testimony of
factual foundation, and all the relevant facts may be clearly the deponent as a witness;
and completely laid before the Court, without omission or ü For any purpose by the adverse party where the
suppression (Darmarias Garments v. Reyes, 225 SCRA 622). deponent is a party or at the time of the deposition
was an officer, director, or managing agent of a
public or private corporation, partnership or
DEPOSITION PENDING ACTION; DEPOSITION association which is a party;
BEFORE ACTION OR PENDING APPEAL ü For any purpose by any party, where the deponent
is a witness, whether or not a party, if the court
finds that (i) the witness is dead, (ii) that the witness
resides more than one hundred (100) kilometers
DEPOSITION PENDING ACTION from the place of trial or hearing, or is out of the
Philippines, unless it appears that his absence was
By leave of court after jurisdiction has been obtained over any procured by the party offering the deposition; or
defendant or over property which is the subject of the action, (iii) that the witness is unable to attend or testify
or without such leave after an answer has been served, the because of age, sickness, infirmity, or
testimony of any person, whether a party or not, may be imprisonment; or (iv) that the party offering the
taken, at the instance of any party, by deposition upon oral deposition has been unable to procure the
examination or written interrogatories. (Rule 23; 2010 Bar) attendance of witnesses by subpoena; or (v) when
exceptional circumstances exists, upon application
and notice (Riano).
DEPOSITION BEFORE ACTION OR PENDING APPEAL SCOPE OF EXAMINATION
Deponent may be examined regarding any matter:
A person who desires to perpetuate his own testimony or that
(1) Not privileged;
of another person regarding any matter that may be
cognizable in any court of the Philippines, may file a verified (2) Relevant to the subject of the pending action
petition in the court of the place of the residence of any (3) Under suchs limitations as the court may order under Sec.
expected adverse party. (Rule 24) 16 and 18.
(4) Whether relating to the claim or defense of any other
party, including the existence, description, nature,
custody, condition, and location of any books,
MEANING OF DEPOSITION documents, or other tangible things and the identity and
location of persons having knowledge of relevant facts.
The taking of the testimony of any person, whether he be a
party or not, but at the instance of a party to the action. This
testimony is taken out of court. (Riano) WHEN MAY OBJECTIONS TO ADMISSIBILITY BE MADE
They are intended as a means to compel disclosure of facts

resting in the knowledge of a party or other person which are Objection may be made at the trial or hearing, to receiving in
evidence any deposition or part thereof for any reason which
49 Sec. 4, Rule 23

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would require the exclusion of the evidence if the witness CONSEQUENCE OF REFUSAL TO ANSWER
were then present and testifying (Sec. 6, Rule 23)
The court on motion and notice, may:
(1) strike out all or any part of any pleading of that party
(2) dismiss the action or proceeding or any part thereof
WHEN MAY TAKING OF DEPOSITION BE TERMINATED (3) enter a judgment by default against that party, and in its
OR ITS SCOPE LIMITED discretion
(4) order him to pay reasonable expenses incurred by the
other, including attorney's fees. (Sec. 5, Rule 29)
When done: At any time during the taking of the deposition
How done: On motion or petition of any party or of the

deponent, filed in the court in which the action is pending or
the Regional Trial Court of the place where the deposition is EFFECT OF FAILURE TO SERVE WRITTEN
being taken. INTERROGATORIES
Grounds:
General rule: A party not served with such may NOT be
(1) Upon a showing that the examination is being
compelled by the adverse party
conducted in bad faith or
(1) to give testimony in open court or
(2) In such manner as unreasonably to annoy, embarrass, or
(2) deposition pending appeal
oppress the deponent or party.
Exception: Unless allowed by the court for good cause
shown and to prevent failure of justice
WRITTEN INTERROGATORIES TO ADVERSE PARTIES Objections

Objections to it may be presented to the court within 10 days
Purpose after service. The filing of the objections shall have the effect
of deferring the filing and service of the answer to the
This mode of discovery is availed of by a party to the action
interrogatories until the objections are resolved
for the purpose of eliciting material and relevant facts from
any of the adverse party (Sec. 1, Rule 25)
Who can apply

(1) Any party desiring to elicit material and relevant facts REQUEST FOR ADMISSION
from any adverse party shall file and serve upon the
latter written interrogatories to be answered by the party Purpose (Sec. 1, Rule 26)
served.
(1) to allow one party to request the adverse party in
(2) If the person served is a private or public corporation,
writing to admit certain material and relevant matters
partnership or association, then it will be answered by
which most likely will not be disputed during the trial
any officer competent to testify in its behalf.
(2) to avoid inconvenience to the parties in going through
the rigors of proof, before the trial, a party may request
the other to:
Need for leave of court ü admit the genuineness of any material and
Leave of court for written interrogatories is NEEDED if the relevant document described in and exhibited
answer has not yet been served. If it has been served, leave of with the request; or
court is NOT needed. ü admit the truth of any material and relevant
matter of fact set forth in the request
Note: No party may, without leave of court, serve more than
one set of interrogatories to be answered by the same party
WHEN MADE
Answers
At any time after issues have been joined
The interrogatories shall be answered fully in writing and
shall be signed and sworn to by the person making them.
HOW MADE
The party upon whom the interrogatories have been served (1) A party may file and serve upon any other party may
shall file and serve a copy of the answers on the party file and serve upon any other party a written request
submitting the interrogatories within fifteen (15) days after for the admission by the latter of the genuineness of
service thereof. This period may, upon motion and for good any material and relevant document described in and
cause shown, be extended or shortened by the court. exhibited with the request or of the truth of any
material and relevant matter of fact set forth in the
request.
(2) Copies of the documents shall be delivered with the
request unless copy have already been furnished.

Remedial Law
General rule: A party who fails to file and serve a request for
admission on the adverse party of material facts within the
personal knowledge of the latter shall not be permitted to
present evidence thereon
IMPLIED ADMISSION BY ADVERSE PARTY
Each of the matter requested to be admitted shall be deemed Exception: Unless otherwise allowed by the court for
admitted. (1) Good cause shown, and
(2) To prevent a failure of justice
UNLESS within a period designated in the request, which
shall not be less than fifteen (15) days after service thereof, or
within such further time as the court may allow on motion,
party requested serves upon the party requesting a sworn
statement either specifically denying or setting forth in detail PRODUCTION OR INSPECTION OF DOCUMENTS OR
the reasons why he cannot truthfully either admit or deny THINGS
those matters.
FILING OF THE MOTION
A motion must be filed by the party seeking the production
or inspection of documents and things and the motion must
CONSEQUENCES OF FAILURE TO ANSWER REQUEST show good cause supporting the same.
FOR ADMISSION
Applicable only to a pending action and the things subject of
the motion must be within the possession, control, or
The proponent may apply to the proper court of the place custody of a party.
where the deposition is being taken, for an order to compel
an answer. PURPOSE
The Court may issue an order for the party to:
If the application is granted, the court: 1. Produce and permit the inspection and copying or
(a) shall require the refusing party or deponent to answer photographing of any designated documents, papers,
the question or interrogatory and books, accounts, letters, photographs, objects or
(b) if it also finds that the refusal to answer was without tangible things
substantial justification, it may require the refusing (a) not privileged
party or deponent or the counsel advising the refusal, or (b) which constitute or contain evidence material to
both of them, to pay the proponent the amount of the any matter involved in the action and
reasonable expenses incurred in obtaining the order, (c) are in his possession, custody or control.
including attorney's fees.
(d) Permit entry upon designated land or other property
If the application is denied and the court finds that it was filed in his possession or control for the purpose of
without substantial justification, the court may require the inspecting, measuring, surveying, or photographing the
proponent or the counsel advising the filing of the property or any designated relevant object or operation
application, or both of them, to pay to the refusing party or thereon.
deponent the amount of the reasonable expenses incurred in
opposing the application, including attorney's fees. (Sec. 1,
Rule 29)
The order SHALL STATE
1. The time, place and manner of making the inspection
and taking copies AND
EFFECT OF ADMISISON
2. Such terms and conditions which are just.
Admission is only for the purpose of the pending action and
shall NOT constitute an admission for any other person nor Production or inspection of things or documents and
may it be used against him in any other proceeding. Subpoena Duces Tecum, distinguished
Withdrawal Production or inspection of

Subpoena Duces Tecum
things or documents
The court may allow the party making an admission under Essentially a mode of Means of compelling
the Rule, whether express or implied, to withdraw or amend discovery production of evidence
it upon such terms as may be just. Rules are limited to the May be directed to a
The admitting party must file a motion to be relieved of the parties to the action person whether a party or
effects of his admissions not
The order under this rule May be issued upon an ex
is issued only upon motion parte application
with notice to the adverse
EFFECT OF FAILURE TO FILE AND SERVE REQUEST FOR party
ADMISSION

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PHYSICAL AND MENTAL EXAMINATION OF PERSONS The court may upon proper application, compel a deponent
who refuses to answer an oral examination/interrogatory
submitted (Sec. 1, Rule 29).
This mode of discovery applies to an action in which the
mental or physical condition of a party is in controversy (Sec. A refusal to answer after being directed by the court may be
1, Rule 28). considered as a contempt of court (Sec. 2, Rule 29).
(a) If the application is granted, the court shall require the
Examples of this action would be: refusing party or deponent to answer the question or
(a) An action for annulment of a contract where the ground interrogatory and if it also finds that the refusal to
relied upon is insanity. answer was without substantial justification, it may
(b) A petition for guardianship of a person alleged to be require the refusing party or deponent or the counsel
insane; advising the refusal, or both of them, to pay the
(c) An action to recover damages for personal injury where proponent the amount of the reasonable expenses
the issue is the extent of the injuries of the plaintiff incurred in obtaining the order, including attorney's
(Riano) fees.
(b) If the application for an order to compel a deponent to
PROCEDURE answer is denied, the court may require the proponent
A motion for the examination is filed in the court where the or the counsel advising the application, or both of them,
action is pending: to pay to the refusing party or deponent the amount of
(a) Showing good cause for the examination; reasonable expenses incurred in opposing the
(b) With notice to the party to be examined, and all other application, including attorney’s fees (Sec. 1, Rule 29).
parties
(c) Specifying the time, plane, manner, conditions and
scope of examination.
REFUSAL TO BE SWORN
WAIVER OF PRIVILEGE
A refusal of a party to be sworn after being directed by the
The party examined waives any privilege he may have in that
court may be considered as contempt of court. (Sec. 2, Rule
action regarding the testimony of the person who has
29)
examined or may examine him with respect to that same
mental or physical examination by:
1. Requesting and obtaining a report of the examination so
ordered OR REFUSAL TO OBEY ORDER
2. Taking the deposition of the examiner
If a party/officer or managing agent of a party refuses to
Physician-patient privilege is inapplicable because the results obey an order requiring him:
of the examination are intended to be made public. (1) To answer designated questions
(2) To produce a thing for inspection or to permit entry
REPORT OF FINDINGS upon property
The party examined may request the party causing the (3) To submit to a physical or mental examination
examination to be made to deliver to him a copy of a detailed
written report of the examining physician setting out his The court may order:
findings and conclusions. After such request and delivery, the (1) That the matters regarding which the questions were
party causing the examination to be made shall be entitled asked, or the character of the land or the thing, or the
upon request to receive from the party examined a like report physical and mental condition of the party be taken to
of any examination, previously or thereafter made, of the be established.
same mental or physical condition (Sec. 3, Rule 28). (2) The disallowance of the disobedient party’s claims
(3) The prohibition of the disobedient party to present
If the party examined refuses to deliver the report, the court evidence
may make an order requiring the delivery on such terms as (4) The striking out of the pleadings or parts thereof
are just. If it is the physician who fails or refuses to make a (5) The dismissal of the action or parts thereof
report, the court may exclude his testimony if offered at the (6) Rendering judgment by default against the disobedient
trial (Sec. 3, Rule 28). party OR
(7) The arrest of any party or agent EXCEPT in disobeying
The Court exercises full discretion in regulating physical and an order to submit to a physical or mental examination.
mental examinations of a party to a controversy. The
defendant seeking physical examination of a plaintiff has no
absolute right to choose his own physician. The Court must FAILURE OF PARTY TO ATTEND OR SERVE ANSWERS
first determine whether a physical examination is necessary,
then determine the physician who shall conduct the If a party refuses to attend or serve answers, the court may:
examination. (1) Strike out all or any part of any pleading of that party.
(2) Dismiss the action or any part thereof.
(3) Enter a judgment by default against that party,
OR/AND
CONSEQUENCES OF REFUSAL TO COMPLY WITH (4) Order that party to pay reasonable expenses incurred,
MODES OF DISCOVERY including attorney’s fees.

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The Republic of the Philippines cannot be required to pay

expenses and attorney’s fees under this Rule.
REQUISITES OF MOTION TO POSTPONE TRIAL

TRIAL
Postponements are to the sound discretion of the court and in
the absence of grave abuse, it cannot be controlled by
Trial - judicial process of investigating and determining the mandamus. It is not a matter of right.
legal controversies, starting with the production of evidence
by the Plaintiff and ending with his closing arguments. If the adverse party admits the facts to be given in evidence,
the trial will not be postponed even if he objects or reserves
General Rule: When an issue exists, trial is necessary. Decision the right to object to their admissibility.
should not be made without trial.
Exceptions:
(1) Judgment on the Pleading – where the pleadings tender FOR ABSENCE OF EVIDENCE
no issue at all
(Sec. 3, Rule 30)
(2) Summary Judgment – where from the pleadings,
affidavits, depositions, and other papers, there is Requisites:
actually no genuine issue (1) A motion for postponement stating the ground relied
(3) Judgment on Compromise upon must be filed AND
(4) Judgment by Confession (2) The motion must be supported by an affidavit showing
(5) Dismissal with Prejudice (a) The materiality and relevancy of such evidence,
(6) Judgment under Rule on Summary Procedure and
(7) When the parties, in writing, agree upon the stipulation (b) That due diligence has been used to procure it.
of facts
ISSUES IN TRIAL
Trial shall be limited to the issues stated in the pre-trial order FOR ILLNESS OF PARTY OR COUNSEL
unless subject to Section 2 Rule 31. (Sec. 4, Rule 30)
Additional evidence may be offered at the rebuttal stage Requisites:

(subject to the discretion of the court) if: (1) A motion for postponement stating the ground relied
(1) it is newly discovered evidence upon must be filed AND
(2) it is omitted through mistake or inadvertence (oversight) (2) The motion must be supported by an affidavit or sworn
(3) the purpose is to correct evidence previously offered certification showing
(a) The presence of such party or counsel at the trial is
indispensable AND
(b) That the character of his illness is such as to render
HEARING his non-attendance excusable
It is not confined to trial but embraces several stages of
litigation including pre-trial stage. It does not necessarily
mean presentation of evidence.
Notice of Trial AGREED STATEMENT OF FACTS

Upon entry of the case in the trial calendar, the clerk of court
shall notify the parties of the date of trial in such manner as to The parties to any action may agree, in writing, upon the facts
ensure its receipt at least five (5) days before such date (Sec. 1, involved in the litigation, and submit the case for judgment
Rule 30). on the facts agreed upon, without the introduction of
evidence but if the parties agree only on some facts in issue,
the trial shall be held as to the disputed facts in such order as
the court shall prescribe (Sec. 6, Rule 30).
ADJOURNMENT AND POSTPONEMENTS
Not permitted in Annulment of Marriage and for Legal Separation.
A court may adjourn a trial from day to day, and to any stated
time, as the expeditious and convenient transaction of
business may require. ORDER OF TRIAL
However, the court has no power to adjourn a trial for: Subject to the provisions of Sec. 2 of Rule 31, and unless the
(1) A period longer than 1 month for each adjournment OR court for special reasons otherwise directs, the trial shall be
(2) More than 3 months in all limited to the issues stated in the pre-trial order and shall
proceed as follows:
Exception: when authorized in writing by the court (a) The plaintiff shall adduce evidence in support of his
administrator

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complaint; Purpose
(b) The defendant shall then adduce evidence in support of
(1) to avoid multiplicity of suits
his defense, counterclaim, cross-claim and third- party
(2) to guard against oppression or abuse
complaint;
(3) to prevent delay
(c) The third-party defendant, if any, shall adduce evidence
(4) to clear congested dockets
of his defense, counterclaim, cross-claim and fourth-
(5) to simplify the work of the Trial Court
party complaint;
(6) to save unnecessary cost and expenses
(d) The fourth-party, and so forth, if any, shall adduce
evidence of the material facts pleaded by them;
General Rule: Consolidation applies to cases pending before
(e) The parties against whom any counterclaim or cross-
the same judge and not to cases pending in different branches
claim has been pleaded, shall adduce evidence in
of the same court or different courts. This also applies to
support of their defense, in the order to be prescribed by
special proceedings.
the court;
(f) The parties may then respectively adduce rebutting
Exception: Whenever appropriate, and in the interest of
evidence only, unless the court, for good reasons and in
justice, consolidation in different branches of the same or
the furtherance of justice, permits them to adduce
different courts can be effected.
evidence upon their original case; and
(Bank of Commerce v. Hon. Perlas-Bernabe, G.R. No. 172393)
(g) Upon admission of the evidence, the case shall be
deemed submitted for decision, unless the court directs
the parties to argue or to submit their respective 3 ways of consolidating cases:
memoranda or any other pleadings.
(1) Where all except one of several actions are stayed until
one is tried, in which case the judgment in the one trial
If several defendants or third-party defendants, and so forth,
is conclusive as to the others. This is not actually
having separate defenses appear by different counsel, the
court shall determine the relative order of presentation of consolidation but is referred to as such. (quasi-
consolidation)
their evidence
(2) Where several actions are combined into one, lose their
separate identity, and become a single action in which
The normal order of trial may be modified if the court, in
a single judgment is rendered. This is illustrated by a
furtherance of convenience and to avoid prejudice, orders a
separate trial of any claim, cross-claim, counterclaim, or third- situation where several actions are pending between
the same parties stating claims which might have been
party complaint. It may also order, for the same reasons, a
set out originally in one complaint. (actual
separate trial of any separate issue or of any number of claims,
consolidation)
cross-claims, counterclaims, third-party complaints or issues
(3) Where several actions are ordered to be tried together
(Sec. 2, Rule 31).
but each retains its separate character and requires the
entry of a separate judgment. This type of consolidation
does not merge the suits into a single action, or cause
REVERSAL OF ORDER the parties to one action to be parties to the other.
(consolidation for trial) (Republic v. Sandiganbayan, 662
The Defendant presents evidence ahead of the Plaintiff, SCRA 152)
when the Defendant in his answer, relies upon an
affirmative defense. Cases can be consolidated for purposes of a single appeal, and
1 decision can be rendered.
Ratio
Plaintiff need not have to present evidence since judicial The Supreme Court can also order the consolidation of the
admissions do not require proof. case with the same parties or issues filed in different courts of
equal jurisdiction.
Courts may render separate judgements on each claim and

CONSOLIDATION OR SEVERANCE OF HEARING OR must be with jurisdiction of the court.
TRIAL
CONSOLIDATION
This involves several actions having a common question of DELEGATION OF RECEPTION OF EVIDENCE
law or fact which may be jointly tried.
To relieve the judge of some of his judicial functions when it
can be entrusted to a responsible officer.
SEVERANCE
General Rule: The judge must personally receive or resolve
This contemplates a single action having a number of claims, evidence of the parties.
counterclaims, cross-claims, third-party claims, or issues
which may be separately tried. Exception: It may be delegated only if:
(1) Delegation may only be made in default or ex parte
hearings, or on agreements in writing by the parties.
(2) Reception of evidence shall be made only by the clerk

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of court who is a member of the bar. or for carrying a judgment or order into effect.
(3) The Clerk shall have no paper to rule on objections to
any question, admission of evidence, or exhibits
(4) He shall submit his reports and transcripts of the
proceedings together with the objections to be resolved POWERS OF THE COMMISSIONER
by the court within 10 days from the termination of the (1) Exercise power to regulate the proceedings before him.
hearing. (2) Do all acts and take all measures necessary or proper
for the efficient performance of his duties.
(3) Swear witnesses
(4) Issue subpoenas and subpoenas duces tecum
(5) Unless otherwise provided in the order of reference.
TRIAL BY COMMISSIONERS (6) Rule upon the admissibility of evidence.
(7) Requirement of hearing cannot be dispensed with.
Commissioner - A person to whom a case pending in court is
referred, for him to take testimony, hear the parties and report
thereon to the court, and upon whose report, if confirmed, Failure of parties to appear before the commissioner
judgment is rendered. If a party fails to appear at the time and place appointed, the
commissioner may proceed ex parte or, in his discretion,
The Commissioner may rule upon the admissibility of adjourn the proceedings to a future day, giving notice to the
evidence, unless otherwise provided in the order of absent party or his counsel of the adjournment
preference.
Disobedience to a subpoena issued by the commissioner is
General Rule: Trial by commissioner depends largely upon the deemed contempt of the court which appointed the latter
discretion of the court.
Delegation to Clerk of Trial by Commissioner
Exception: The following are instances when such
Court
appointments are mandatory:
Clerk of court must be a Commissioner need not be a
(1) Expropriation
lawyer lawyer
(2) Partition
(3) Settlement of Estate of a Deceased Person in case of Clerk of court cannot rule Commissioner can rule on
contested claims on objection or on the objections or on
(4) Submission of accounting by executors or admissibility of evidence admissibility of evidence
administrators
Commissioner can be
An irregularity in the appointment of a commissioner must Delegation is made appointed even after the
be seasonable raised in the Trial Court where the defect could during trial case has become final and
still be remedied. It could be waived by consent of the parties, executory
expressly or impliedly.
COMMISSIONER’S REPORT; NOTICE TO PARTIES AND

REFERENCE BY CONSENT OR ODERED ON MOTION HEARING ON THE REPORT
REFERENCE BY CONSENT COMMISSIONER’S REPORT

The court may order any or all of the issues in a case to be Upon the completion of the trial or hearing or proceeding
referred to a commissioner to be agreed upon by the parties before the commissioner, he shall file with the court his report
or to be appointed by the court by written consent of both in writing upon the matters submitted to him by the order of
parties,. reference.
When his powers are not specified or limited, he shall set forth
his findings of fact and conclusions of law in his report.
REFERENCE ORDERED ON MOTION
The court may, upon the application of either or of its own He shall attach thereto all exhibits, affidavits, depositions,
motion, direct a reference to a commissioner in the following papers and the transcript, if any, of the testimonial evidence
cases: presented before him.
(a) When the trial of an issue of fact requires the
examination of a long account on either side, in which
case the commissioner may be directed to hear and NOTICE TO PARTY
report upon the whole issue or any specific question
involved therein; Upon the filing of the report, the parties shall be notified by
(b) When the taking of an account is necessary for the the clerk.
information of the court before judgment, or for They shall be allowed ten (10) days within which to signify
carrying a judgment or order into effect. grounds of objections to the findings of the report, if they so
(c) When a question of fact, other than upon the pleadings, desire.
arises upon motion or otherwise, in any stage of a case,

Remedial Law
Objections to the report based upon grounds which were demurrer to evidence does not deprive the defendant of the
available to the parties during the proceedings before the opportunity to adduce evidence in his behalf.
commissioner, other than objections to the findings and
conclusions therein, set forth, shall not be considered by the Where a Court denies a demurrer to evidence, it should set
court unless they were made before the commissioner. the date for the reception of the defendant’s evidence in chief.
It should not proceed to grant the relief demanded by the
HEARING plaintiff (Northwest Airlines, Inc vs. Court of Appeals)
Upon the expiration of the period of ten (10) days referred to An order denying a demurrer to the evidence is interlocutory
in the preceding section, the report shall be set for hearing, and is, therefore, not appealable. It can, however, be the
after which the court shall issue an order adopting, subject of a petition for certiorari in case of grave abuse of
modifying, or rejecting the report in whole or in part, or discretion or an oppressive exercise of judicial authority.
recommitting it with instructions, or requiring the parties to (Katigbak vs. Sandiganbayan)
present further evidence before the commissioner or the court
(Sec. 11, Rule 32) Note: The provisions of the Rules of Court governing
demurrer to evidence does not apply to an election case
(Gementiza vs. COMELEC)
DEMURRER TO EVIDENCE
EFFECT OF GRANT
If granted, the case shall be dismissed.

GROUNDS
After the plaintiff has completed the presentation of his

evidence, the defendant may move for dismissal on the WAIVER OF RIGHT TO PRESENT EVIDENCE
ground that upon the facts and the law the plaintiff has
shown no right to relief. (Sec. 5, Rule 30)
If the motion is granted but on appeal the order of dismissal
is reversed he shall be deemed to have waived the right to
present evidence. (Sec. 5, Rule 30)
WHEN TO AVAIL
A demurrer to evidence is availed of by the defendant after
the plaintiff has completed the presentation of his evidence
(Sec 1, Rule 33, Rules of Court) DEMURRER TO EVIDENCE IN A CIVIL CASE VERSUS
DEMURRER TO EVIDENCE IN A CRIMINAL CASE
DEMURRER TO EVIDENCE v. MOTION TO DISMISS Civil Cases Criminal Cases

Defendant need not ask for May be filed with or
Demurrer to evidence Motion to dismiss
leave of court without leave of court.
Presented before a
It is presented after the Leave of court is
responsive pleading
plaintiff has rested its necessary so that the
(answer) is made by the
case accused could present
defendant
his evidence if the
The ground is based on It may be used on any of
demurrer is denied.
insufficiency of evidence those enumerated in Rule 16
If the court finds plaintiff’s If the court finds the
If motion is denied, If the motion is denied,
evidence insufficient, it prosecution’s evidence
defendant may present defendant may file his
will grant the demurrer by insufficient, it will grant
his evidence responsive pleading
dismissing the complaint. the demurrer by
If the motion is granted, the The judgment of dimsissal rendering judgment
If motion is granted, the
complaint is dismissed and is appealable by the acquitting accused.
complaint is dismissed.
depending on the ground, plaintiff. If plaintiff Judgment of acquittal is
The remedy of the
the complaint may be re- appeals and judgment is not appealable; double
plaintiff is to appeal
filed reversed by the appellate jeopardy sets in.
court, it will decide the
case on the basis of the
plaintff’s evidence with the
consequence that the
EFFECT OF DENIAL
defendant already loses his
right to present evidence;
If the demurrer is denied, the defendant shall have the right no res judicata in dismissal
to present his evidence. This means that the denial of the due to demurrer.

Remedial Law
The court denies If the court denies the Where there is conflict between the Dispositive and the Body
demurrer; defendant will demurrer:
General Rule: Dispositive controls irrespective of what
present his evidence. (1) if demurrer was
appears in the body of the decision.
with leave, accused
Exception: Unless it clearly shows that there was a mistake
may present
in the dispositive portion or explicit settlement of the issue
evidence
in the body thereof.
(2) If demurrer was
without leave,
accused can no
longer present his
evidence and MEMORANDUM DECISION
submits the case for
decision based on
the prosecution’s It is one rendered by an appellate court and incorporates by
evidence reference the findings of fact and conclusions of law
contained in the decision or order under review (Riano)
Note: Although permitted, the appellate court must make full

JUDGMENTS AND FINAL ORDERS findings of fact and conclusions of law on its own (Ong Chia
Kwan v. CA, 345 SCRA 586)
JUDGMENT
Final consideration and determination by a court of the JUDGMENT ON THE PLEADINGS
rights of the parties, upon matters submitted to it in an
action or proceeding.
A judgment rendered by the court if the answer fails to tender
an issue or otherwise admits the material allegation of the
Judgment is the result or the dispositive part of the decision
adverse party’s pleading. (Sec. 1, Rule 34)
while the opinion gives the grounds for the decision.
Note: It will not apply when no answer is filed.
GROUNDS
JUDGMENT WITHOUT TRIAL
This is upon motion of the Plaintiff, and no introduction of
evidence is needed. But, may also be filed by the defendant
Trial is not necessary in the following instances: on his counter claim where the answer to his counterclaim:
(1) Judgment on the Pleadings (1) fails to tender the issue
(2) Summary Judgment (2) admits the material allegation of the Plaintiff
(3) Upon compromise or amicable settlement, either
during pre-trial or during trial An answer failed to tender an issue when the material
(4) Dismissal with prejudice allegations of the other party are admitted or not specifically
(5) Under the Rules on Summary Procedure denied by the pleader. Under the rules, material allegations
(6) Agreed statement of facts of the complain not specifically denied are deemed admitted
(Rule 11, Sec. 8)
General rule: Judgment on the Pleadings can be done only

CONTENTS OF A JUDGMENT upon motion to that effect filed by the Claimant. It cannot be
rendered by the court motu proprio.
Form of judgment Exception: If at pre-trial the court finds that a judgment on the
(2) in writing pleading is proper, it may render such judgment motu
(3) personally and directly prepared by the judge proprio (Sec. 2(g), Rule 18)
(4) stating clearly and distinctly the facts and the law on
which it is based
(5) signed by the judge Effects
(6) filed with the clerk of court
(1) Plaintiff/ Claimant
Plaintiff, by moving for judgement on pleadings, is not
deemed to have admitted irrelevant allegation in
Parts of a judgment Defendant's answer.
(1) Body - opinion of the court; Findings of fact and
conclusions of law Plaintiff waives his claim for unliquidated damages
(2) Disposition of the case
(3) Signature of the judge One who prays for judgment on the pleadings without
offering proof as to the truth of his own allegations and

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without giving the opposing party an opportunity to dismissed the same case in a court of Competent
introduce evidence, must be understood to ADMIT all jurisdiction
MATERIAL and RELEVANT ALLEGATIONS of the (3) even if the notice does not so provide it is premised on
opposing party and to rest his motion for judgment on fact of payment by the defendant of the claim involved.
those allegations taken together with such of his own as
are admitted in the pleadings.
Who may file the
When
(2) Defendant motion
Defendant is not deemed to have admitted allegations of Any time after the pleading in
damages in the complaint so no award of damages answer thereto has been served.
without any proof. Claimant
(Sec. 1, Rule 35)

Anytime.
When Judgment on the Pleadings not applicable
Defendant
Material facts alleged in the complaint must always be proved (Sec. 2, Rule 35)
in
(1) Declaration of nullity of marriage
(2) Annulment of marriage
(3) Legal separation (Sec. 1, Rule 34) WHEN THE CASE NOT FULLY ADJUDICATED
The court at the hearing of the motion, by examining the
Note: When no answer is filed, the remedy is to move the pleadings and the evidence before it and by interrogating
defendant to be declared in default. counsel shall ascertain what material facts exist without
substantial controversy and what are actually and in good
In case of insufficiency of facts, the proper remedy is faith controverted.
amendment.
It shall thereupon make an order specifying the facts that
appear without substantial controversy, including the extent
to which the amount of damages or other relief is not in
controversy, and directing such further proceedings in the
SUMMARY JUDGMENTS
action as are just. The facts so specified shall be deemed
established, and the trial shall be conducted on the
Also called “accelerated judgment” controverted facts accordingly.(Sec. 4, Rule 35)
One, which is rendered by the court on motion of a party,
either of the plaintiff or the defendant where there is actually
no genuine issue between the parties (Riano) Bases of Summary Judgment
(1) Affidavits made on personal knowledge
(2) Depositions of the adverse party or a third-party under
When proper Rule 233.
Summary Judgment is proper only when there is clearly no (3) Admissions of the adverse party under Rule26.
genuine issue as to any material fact in the action. If there is (4) Answers to interrogatories under Rule 25; all intended
any question or controversy upon and question of fact, there to show that:
should be a trial on the merits. (a) There is no genuine issue as to any material fact,
except damages which must always be proved;
and
(b) The movant is entitled to a judgment as matter
Genuine Issue of law.
An issue of fact which call for the presentation of evidence. It
is an issue of fact which requires the presentation of evidence
as distinguished from a sham, fictitious, contrived or false AFFIDAVITS AND ATTACHMENTS
claim.
Form of affidavits and supporting papers
Proper only in an action (1) Made on personal knowledge
(2) Shall set forth such facts as would be admissible in
(1) for a liquidated sum of money
evidence
(2) to collect a debt
(3) Shall show affirmatively that the affiant is competent to
(3) for declaratory relief
testify to the matters stated therein
Before the Defendant has answered or moved for summary
Attachments
judgment, Plaintiff may, as a matter of right and without
order of court, File a Notice of Dismissal at any time before Certified true copies of all papers or parts thereof referred to
such answer or motion, without prejudice or without in the affidavit shall be atacked thereon or served therewith.
prejudice where:
(1) the notice states so,
(2) two-dismissal rule, i.e., Plaintiff had previously

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Affidavits in bad faith Memorandum decisions may adopt by reference the findings
of fact and conditions of law contained in the Trial Court
Affidavits presented under this rule which appear to the court
decision.
at any time as presented in bad faith or solely for the purpose
of delay.
General Rule: Validity of Judgment or order of a court cannot
be collaterally attacked.
Exception: If attacked on the ground of:
Effects of presenting affidavits in bad faith (a) lack of jurisdiction
(1) Court shall order the offending party or counsel to pay (b) irregularity of its entry apparent from the face of
the other party - amount of reasonable expenses which the record
the filing of the affidavits caused him to incur,
including attorney’s fees Where judgment is ambiguous and difficult to comply with,
(2) Court may adjudge the offending party or counsel the remedy is to file a motion for clarificatory relief. The Court
guilty of contempt, after hearing may correct the clerical error even after finality.
JUDGMENT ON THE PLEADINGS VERSUS SUMMARY ENTRY OF JUDGMENT AND FINAL ORDER
JUDGMENTS
Entry - the physical act performed by the clerk of court in entering
the dispositive portion of the judgment in the book of entries of
Judgment on Pleadings Summary Judgment
judgment after the same has become final and executory.
Proper when it appears Proper even when there is
that there is no issue an issue as to damages The clerk of court:
between the parties. recoverable (1) Keeps a judgment book containing a copy of each
judgment of court in the order of their dates.
Based exclusively upon Based not only on the (2) Keeps a book of entries of judgment containing at length
the pleadings without pleadings but also on in chronological order entries of all final judgment or
introduction of evidence. affidavits, depositions, and orders of the court.
admissions of parties
showing that, except as to The record shall:
the amount of damages, (1) Contain the dispositive portion of the judgment or final order
there is no genuine issue. (2) Signed by the clerk of court
(3) With a certificate by said clerk that the judgment has already
Available in any action Only in actions to recover a become final and executory
except annulment of debt, or for liquidated sum
marriage or legal of money, or for declaratory
separation where it must relief.
always be proved. Rule on Immutability of Judgment
Subject only to the 3 day Requires prior 10-day notice General Rule: Final judgments are unalterable even if the
notice rule and where all rule. modification is meant to correct erroneous conclusions of fact
the material averments of and law and even if made by the highest court.
the complaint are
admitted, motion may be Exception:
made ex parte. (1) Correction of clerical errors
Generally available only Available to both plaintiff (2) Nunc Pro Tunc entries which cause prejudice to any
to the plaintiff, unless the and defendant party
defendant presents a (3) Void judgments
counterclaim (4) Whenever circumstances transpire after finality making
Judgment on the merits May be interlocutory or on the execution unjust and inequitable.
the merits
Remedies against judgments or final orders
Before finality After Finality
(1) Motion for New trial (a) Relief from judgment
RENDITION OF JUDGMENTS AND FINAL ORDERS
(2) Motion for or final order
reconsideration (b) Annulment of
Filing of the signed decision with the clerk of court and not (3) Appeal judgment
pronouncement in open court is that which constitutes (c) Petitioner for certiorari
rendition of judgment. (Riano)
If decision is sent by the judge by registered mail, it is

considered filed in court as of the date of its receipt by the
clerk and not the date of its posting or mailing.

Remedial Law
POST-JUDGMENT REMEDIES
MOTION FOR NEW TRIAL OR RECONSIDERATION
NEW TRIAL (NT) RECONSIDERATION (MR)

Note that these remedies are filed only when the judgment is NOT YET FINAL.
(1) Fraud, accident, mistake or excusable negligence
(FAMEN)
which ordinary prudence could not have guarded
against and by reason of which such aggrieved party (a) the damages awarded are excessive
has probably been impaired in his rights; or (b) the evidence is insufficient to justify the
Grounds
decision or final order
(2) Newly discovered evidence (c) the decision or final order is contrary to law51
which he could not, with reasonable diligence, have
discovered and produced at the trial, and which if
presented would probably alter the result.50
Filed in trial Court:
within the period for taking an appeal
When to
Within the period for taking an appeal Filed in Court of Appeals:
file
at any time after the appeal from the lower court
has been perfected and before the Court loses
jurisdiction over the case.
The original judgment or final order shall be vacated and the
Effect of Amend such judgment or final order
action shall stand for trial de novo52 . The recorded evidence
grant accordingly.54
taken upon the former trial, insofar as the same is material
50 Rule 37, Sec.1, Rules of Court

51 Ibid.
52 TRIAL DE NOVO means a new trial in the same manner, with the same effect, and upon the issues as the case was tried in the lower court, in
accordance with rules of practice in the appellate court (People v. Benigno Lingad Y Vito, G.R. No. L-10952, May 30, 1958)
54 Rule 37, Sec. 3, Rules of Court

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and competent to establish the issues, shall be used at the

new trial without retaking the same.53
Effect of There is a fresh period of fifteen (15) days from receipt or notice of the order denying or dismissing the motion for
denial reconsideration within which to file a notice of appeal of the judgment or final order
File for a second motion for new trial (within the period The movants has a fresh period of fifteen (15) days
Remedy allowed but excluding the time during which the first from receipt or notice of the order denying or
when motion has been pending)55 dismissing the motion for reconsideration within
denied If further denied, appeal from the judgment or the final which to file a notice of appeal of the judgment or
order within the fresh period of fifteen (15) days 56 final order
Exception: HOWEVER, if the incompetence of counsel be so

great that his client is prejudiced and prevented from fairly
GROUNDS FOR MOTION FOR NEW TRIAL OR presenting his case, motion for new trial may be allowed.59
RECONSIDERATION
REQUISITES OF NEWLY DISCOVERED EVIDENCE

[F-A-M-E]
(1) That such evidence has been discovered after trial;
(2) That it could have not been discovered or produced at
FRAUD the trial even with the exercise of reasonable diligence;
Must be extrinsic fraud. Extrinsic farud connotes any (3) That it is material and not merely collateral, or
fraudulent scheme executed by the prevailing party outside cumulative, or corroborative or merely impeaching a
the trial against the missing party who because of such fraud witness;
is prevented from presenting his side of the case. (4) If presented, it would probably alter the result.
ACCIDENT
PARTIAL NEW TRIAL
An event that takes place without one’s foresight or
expectation If the Court finds that the motion affects the issues of the
case as to only a part, or less than all of the matter in
controversy, or only one, or less than all, of the parties to it,
MISTAKE the court may order a new trial or grant reconsideration as
Generally refers to mistakes of fact or law where, in good to such issues if severable without interfering with the
faith, the defendant was mislead in the case. judgment or final order upon the rest 60.
EXCUSABLE NEGLIGENCE SECOND MR and NT
The failure to take the proper steps at the proper time at the In Motion for Reconsideration,
proper time, not in consequence of party’s own carelessness, General rule: There is “single motion rule” where a party is
inattention, or willful disregard of the process of the not allowed to file a second motion for reconsideration of a
unavoidable hidrance or accident, or on reliance on the care judgment or final order 61.
and vigilance of his counsel or on promises made by the Exception: HOWEVER, if the motion for reconsideration is
adverse party.57 directed to an interlocutory order, a second motion for
reconsideration is allowed.
Note: The negligence must be excusable and generally
imputable to the party because if it is imputable to the In Motion for New Trial, a second motion is allowed including
counsel, it is binding ton the client.58 all grounds available otherwise deemed waived. It may be
filed within the period allowed but excluding the period by
General Rule: Mistakes of counsel as to the competency of which the first motion was pending.62
witnesses, the sufficiency and relevancy of evidence, the
proper defense, or the burden of proof, his failure to Can MR and NT be appealed
introduce certain evidence, or to summon witnesses and to
Denial of motion for new trial and reconsideration are not
argue the case, are not proper grounds for a new trial.
appealable. Neither can these be subject for Certiorari under
Rule 6563.

57 p. 212, Remedial Law, Vol. II, by Herrera.
58 Id
59 Palanca vs. American Food, 24 SCRA 819

61 Supra Note. 7
62 Ibid.
63 A.M. No.07-7-12-SC amending Rule 41 of the Rules of Court

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FRESH PERIOD OF 15 DAYS In all the above instances where the judgment or final order is
not appealable, the aggrieved party may file an appropriate
(Neypes Rule)
special civil action under Rule 65.(Sec. 1, Rule 41)
Based on the foregoing, an appeal should be taken within 15
days from the notice of judgment or final order appealed
from. To standardize the appeal periods provided in the
Rules and to afford litigants fair opportunity to appeal their
cases, the Court deems it practical to allow a fresh period of FINAL JUDGMENT RULE; EXCEPTIONS
15 days within which to file the notice of appeal in the
Regional Trial Court, counted from receipt of the order
dismissing a motion for a new trial or motion for An appeal may be taken from a judgment or final order that
reconsideration. (Neypes vs. Court of Appeals, 2005) completely disposes of the case, or of a particular matter
therein when declared by these Rules to be appealable. (Sec.
1, Rule 41)
The aggrieved party may file an appropriate special civil

APPEALS action under Rule 65. (Sec. 1, Rule 41)
DOCTRINE OF FINALITY OF JUDGMENT or

JUDGMENTS AND FINAL ORDERS SUBJECT TO APPEAL IMMUTABILITY OF JUDGMENT
A decision that has acquired finality becomes immutable and
unalterable, and may no longer be modified in any respect,
Interlocutory orders vs. Judgment or Final Orders
even if the modification in any respect, even if the
modification is meant to correct erroneous of fact and law,
Interlocutory Orders Final Judgment or Order and whether it be made by the court that rendered it or by the
refer to something one that finally disposes of, Highest Court of the land. Any act which violates this
between the adjudicates or determines principle must immediately be struck down. (Gadrinab v.
commencement and the the rights, or some rights of Salamanca, 2014)
end of the suit which the parties, either on the
decides some point or entire controversy or some EXCEPTIONS
matter, but it is not a final definite and separate (1) The coorection of clerical errors;
decision of the whole branch thereof, and which (2) Pro-tunc entries which cause no prejudice to any party;
controversy. concludes them until it is (3) Void judgments
reversed or set aside. (4) Whenever circumstances transpire after finality of the
decision rendering its execution unjust and inequitable
(FGU Insurance Corporation v. RTC Makati, 2011)
MATTERS NOT APPEALABLE
No appeal may be taken from:

(1) An order denying a motion for new trial or
reconsideration;
(2) An order denying a petition for relief or any similar
motion seeking relief from judgment;
(3) An interlocutory order;
(4) An order disallowing or dismissing an appeal;
(5) An order denying a motion to set aside a judgment by
consent, confession or compromise on the ground of
fraud, mistake or duress, or any other ground vitiating
consent;
(6) An order of execution;
(7) A judgment or final order for or against one or more of
several parties or in separate claims, counterclaims,
cross-claims and third-party complaints, while the main
case is pending, unless the court allows an appeal
therefrom; and
(8) An order dismissing an action without prejudice. (Sec. 1,
Rule 41)
REMEDY AGAINST JUDGMENTS AND ORDERS WHICH

ARE NOT APPEALABLE

Remedial Law
MODES OF APPEAL
Petition for Review on

Ordinary appeal Petition for Review
Certiorari
Rule 40; 41 42; 43 45
The appeal to the CA in cases decided by the RTC in the exercise of
its original jurisdiction shall be taken by filing a notice of appeal In all cases where only
The appeal to the CA
with the court that rendered the judgment or final order appealed questions of law are
in cases decided by
Court from and serving a copy thereof upon the adverse party. No raised or involved, the
the RTC in the
Filed record on appeal shall be required except in special proceedings appeal shall be to the
exercise of its
and other cases of multiple or separate appeals where the law or SC by petition for
appellate jurisdiction
the Rules so require. In such cases, the record on appeal shall be review on certiorari
filed and served in like manner.
questions of fact,
Issues law, or both
questions of fact or both questions of fact and law purely questions of law
Raised questions of fact and
law
ISSUES TO BE RAISED ON APPEAL

Issues to be raised on Appeal
Ordinary Appeal Questions of fact or mixed questions of fact and law
Petition for Review Questions of fact, of law or mixed questions of fact and law.
Petition for Review on Certiorari purely questions of law
Whether or not the appellant has filed a motion for new trial in the court below he may include in his assignment of errors any
question of law or fact that has been raised in the court below and which is within the issues framed by the parties. (Sec. 15, Rule 44)
PERIOD OF APPEAL
Period of Appeal
Within 15 days after notice to the appellant of the judgment or final order appealed from.
Ordinary Appeal
under Rule 40 Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal
within 30 days after notice of the judgment or final order.
Within 15 days from notice of the judgment or final order appealed from.
Where a record on appeal is required, the appellants shall file a notice of appeal and a record on appeal
Ordinary Appeal
within 30 days from notice of the judgment or final order.
under Rule 41
However, an appeal in habeas corpus cases shall be taken within 48 hours from notice of the judgment or
final order appealed from.
Within 15 days from notice of the decision

Petition for Review
sought to be reviewed or of the denial of petitioner‘s motion for new trial or reconsideration filed in due
under Rule 42
time after judgment
Within 15 days from notice of the award, judgment, final order or resolution, or from the date of
Petition for Review
its last publication64 or of the denial of petitioner‘s motion for new trial or reconsideration duly filed in
under Rule 43
accordance with the governing law of the court or agency a quo.
Petition for Review on Within 15 days from notice of the judgment, final order or resolution appealed from, or within 15 days
Certiorari under Rule from notice of the denial of the petitioner‘s motion for new trial or motion for reconsideration filed in due
45 time
64 if publication is required by law for its effectivity

Remedial Law
PERFECTION OF APPEAL
Perfection of Appeal
(a) By notice of appeal - upon the filing of the notice of appeal in due time;67
(b) By record on appeal - upon the approval of the record on appeal filed in due time;
For Ordinary Appeals
from MTC to the RTC65
In either case, prior to the transmittal of the original record or the record on appeal, the court may
and from the RTC to the
issue orders for the protection and preservation of the rights of the parties which do not involve any
CA.66
matter litigated by the appeal, approve compromises, permit appeals of indigent litigants, order
execution pending appeal in accordance with Sec. 2, 68 Rule 39, and allow withdrawal of the appeal.
Perfection of Appeal by
Petition for Review Upon the timely filing of a petition for review and the payment of the corresponding docket and
under Rule 42.69 other lawful fees
65 Rule 40
66 Rule 41
67 In appeals by notice of appeal, the court loses jurisdiction only over the subject matter thereof upon the approval of the records on appeal filed in due
time and the expiration of the time to appeal of the other parties.
68 (a) Execution of a judgment or final order pending appeal.— On motion of the prevailing party will notice to the adverse party filed in the trial court
while it has jurisdiction over the case and is in possession of either the original record or the record on appeal, as the case may be, at the time of the
filing of such motion, said court may, in its discretion, order execution of a judgment or final order even before the expiration of the period to appeal.
After the trial court has lost jurisdiction, the motion for execution pending appeal may be filed in the appellate court.
Discretionary execution may only issue upon good reasons to be stated in a special order after due hearing.
(b) Execution of several, separate or partial judgments.— A several separate or partial judgment may be executed under the same terms and conditions
as execution of a judgment or final order pending appeal.
69 Sec.8

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involved.
(6) Every record on appeal exceeding twenty (20) pages
must contain a subject index. (Sec. 6, Rule 41)
PARTICIPATION OF THE SOLICITOR GENERAL
DURING APPEAL
The Office of the Solicitor General shall represent the

Government of the Philippines, its agencies and
instrumentalities and its officials and agents in any litigation, DIFFERENCE OF NOTICE OF APPEAL AND RECORD ON
proceeding, investigation or matter requiring the services of APPEAL
lawyers. (Section 35(1), Chapter 12, Title III of Book IV of the
Distinction between
1987 Administrative Code)
Notice of Appeal Record on Appeal
Upon the approval of
Appeal is Upon the filing of the record on appeal
deemed the notice of appeal filed in due time with
APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE perfected in due time respect to the subject
MTC matter thereof.
The Court loses
The Court loses
jurisdiction only over
Where: May be taken to the RTC exercising jurisdiction over jurisdiction over
the subject matter
the area to which the former pertains. the case upon the
thereof upon
Effect of a perfection of the
approval of the
Note: Where the MTC dismisses a case for lack of jurisdiction perfected appeal filed in due
records on appeal
and such dismissal is appealed to the RTC, should the latter appeal time and the
filed in due time and
affirm the dismissal and if it has jurisdiction over the subject expiration of the
the expiration of the
matter, the RTC is obliged to try the case as if it were time to appeal of
time to appeal of the
originally filed with it. the other parties.
other parties.
How: The appeal is taken by filing a notice of appeal with the

court that rendered the judgment or final order appealed
from.
The title of the case shall remain as it was in the court of

origin, but the party appealing the case shall be further
referred to as the appellant and the adverse party as the
appellee.
Note: A record on appeal shall be required only in special

proceedings and in other cases of multiple or separate
appeals.
CONTENTS OF NOTICE OF APPEAL

The following shall be specified:
(1) Parties to the appeal;
(2) Judgment or final order or part thereof appealed from;
(3) The court to which the appeal is being taken; and
(4) The material dates showing the timeliness of the appeal.
(Sec. 5, Rule 41)
CONTENTS OF RECOND ON APPEAL

(1) Full names of all the parties to the proceedings shall be
stated in the caption of the record;
(2) Specify the judgment or final order from which the
appeal is taken;
(3) In chronological order, include copies of only such
pleadings, petitions, motions and all interlocutory
orders as are related to the appealed judgment or final
order.
(4) Data that will show that the appeal was perfected on
time.
(5) If an issue of fact is to be raised on appeal, the record on
appeal shall include by reference all the evidence,
testimonial and documentary, taken upon the issue

Remedial Law
APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE RTC
How:
(1) Ordinary Appeal from the judgment or final order of the RTC in the exerciseof its original jurisdiction. (Rule 41)
(2) Petition for Review from the judgment or final order of the RTC to the CA in cases decided by the RTC in the exercise of its
appellate jurisdiction (Rule 42)
(3) Petition for Review on Certiorari. (Rule 45)
Modes of appeal from cases in the RTC
Ordinary appeal Petition for Review Petition for Review on Certiorari

Rule 41 42 45
Where Appealed to the CA Petition for review with the CA Appealed to the SC
File a notice of appeal or a File a verified petition for review File a verified petition for review on
record on appeal with the with the CA. Pay the docket fees. certiorari with the SC. Pay the docket fees.
How
RTC and give a copy to the Give RTC and adverse party a copy Submit proof of service of a copy to the
adverse party. of such. lower court and adverse party.
15 days from notice of order

5 days from notice of order, judgment,
Period to (notice of appeal) 30 days 15 days from notice or from the
publication or denial of MR or NT
file from notice of order (record denial of a MR or NT
on appeal.
Verified No Yes Yes
1st Extension: 15 days (but with
30 day extension
payment of fees)
Motion to No extension for MNT/MR Note:
Extend only for justifiable reasons
2nd Extension: 15 days (for
compelling reasons only)
(1) Full name of parties
(1) Parties to the appeal. (2) Material dates rule (1) Full name of parties
(2) judgment / order (3) Statement of matters involving (2) Material dates rule
appealed from a question of law or fact, or (3) Statement of matters involving a
(3) material dates rule d. both question of law or fact, or both
Contents
copies of relevant (4) duplicate original or true (4) duplicate original or true copies of the
pleadings (record on copies of the judgment/ order judgment/ order
appeal) (5) Certification against forum- (5) Certification against forum- shopping
shopping
(6) proof of service to parties.
If the Court of Appeals finds prima facie that the lower court has committed an error of fact or law that will warrant a reversal or
modification of the appealed decision, it may accordingly give due course to the petition.

Remedial Law
Note: The Court is not authorized to correct every error or

APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE mistake of the Office of the Ombudsman other than grave
CA abuse of discretion.
Where: Shall be taken to the SC where the petition shall

raise only questions of law distinctly set forth. REVIEW OF JUDGMENTS OR FINAL ORDERS OF QUASI-
JUDICIAL AGENCIES
REVIEW OF JUDGMENTS OR FINAL ORDERS OF THE Where: Required to be brought to the CA under the
COA requirements and conditions set forth in Rule 43.
Where: May be brought to the SC on certiorari under Rule Note: May be taken to the CA whether the appeal involves a
65 by filing the petition within 30 days from notice. question of fact, a question of law, or mixed questions of fact
and law.
HOW TO APPEAL
REVIEW OF JUDGMENTS OR FINAL ORDERS OF THE
COMELEC Through a verified petition, appeal shall be taken with the
Court of Appeals on the judgments
or final orders of the following:
Where: May be brought to the SC on certiorari under Rule 45 (a) Court of Tax Appeal and quasi-judicial agencies in
by filing the petition within 30 days from notice. exercise of their quasi-judicial functions:
(b) Civil Service Commission
Rule 64 covers review of judgments and final orders or (c) Central Board of Assessment Appeals
resolutions of the COMELEC and COA but the mode of (d) Securities and Exchange Commission
review is done following the rules on certiorari under Rule 65. (e) Office of the President, Land Registration Authority
Rule 65 provides for the remedy when a tribunal, board or (f) Social Security Commission
officer exercising judicial, quasi-judicial functions has acted (g) Civil Aeronautics Board,
without or in excess of its jurisdiction and there is no appeal, (h) Bureau of Patents, Trademarks and Technology
nor any plain, speedy and adequate remedy in the ordinary Transfer,
course of law. (i) National Electrification Administration,
ü Rule 64- 30 days from notice of the judgment, order or (j) Energy Regulatory Board,
resolution. (k) National Telecommunications Commission,
ü Rule 65- 60 days from notice of the judgment, order or (l) Department of Agrarian Reform under Republic Act No.
resolution. 6657,
(m) Government Service Insurance System,
(n) Employees Compensation Commission, Agricultural
Invention Board, Insurance Commission, Philippine
REVIEW OF JUDGMENTS OR FINAL ORDERS OF THE Atomic Energy Commission, Board of Investments,
CSC Construction Industry Arbitration Commission, and
voluntary arbitrators authorized by law. (Sec. 1, Rule 43)
Where: May be taken to the CA under Rule 43.
Excluding: judgments or final order issued under the Labor
Code of the Philippines such as the NLRC. In such cases, Rule
65 or petition for certiorari shall be the remedy to elevate the
REVIEW OF JUDGMENTS OR FINAL ORDERS OF THE case to the CA. (Sec. 2, Rule 43) (St. Martin Case, Doctrine of
OMBUDSMAN judicial hierarchy)
Where: In administrative disciplinary actions, the appeal

should be brought to the CA under Rule 43. DISMISSAL, REINSTATEMENT, AND WITHDRAWAL OF
APPEAL
But in cases in which it is alleged that the Ombudsman has
acted with grave abuse of discretion amounting to lack or
excess of jurisdiction, a special civil action of certiorari under An appeal may be dismissed by the Court of Appeals, on its
Rule 65 may be filed with the SC to set aside the own motion or on that of the appellee, on the following
Ombudsman’s order or resolution. grounds: (Sec. 1, Rule 50)
(a) Failure of the record on appeal to show on its face that the
In criminal or non-administrative case, the ruling of the appeal was taken within the period fixed by these Rules;
Ombudsman shall be elevated to the SC by way of Rule 65. (b) Failure to file the notice of appeal or the record on appeal
within the period prescribed by these Rules;
The SC‘s power to review over resolutions and orders of the (c) Failure of the appellant to pay the docket and other lawful
Office of the Ombudsman is restricted on to determining fees as provided in section 5, Rule 40 and section 4 of Rule
whether grave abuse of discretion has been committed by it. 41; (Bar Matter No. 803, 17 February 1998)

Remedial Law
(d) Unauthorized alterations, omissions or additions in the

approved record on appeal as provided in section 4 of Note: Petition for relief from judgment is not available
Rule 44; remedy in the Court of Appeals and Supreme Court.71
(e) Failure of the appellant to serve and file the required
number of copies of his brief or memorandum within the
time provided by these Rules; Purpose
(f) Absence of specific assignment of errors in the appellant's
brief, or of page references to the record as required in It is a legal remedy whereby a party seeks to set aside a
section 13, paragraphs (a), (c), (d) and (f) of Rule 44; judgment rendered against him by a court whenever he was
(g) Failure of the appellant to take the necessary steps for the unjustly deprived of a hearing or was prevented from taking
correction or completion of the record within the time an appeal, in either case, because of FAME.72
limited by the court in its order;
(h) Failure of the appellant to appear at the preliminary Note: When a party has another remedy available to him,
conference under Rule 48 or to comply with orders, which may be either a motion for new trial or appeal from an
circulars, or directives of the court without justifiable advrse decision of the trial court, and he was not prevented
cause; and by FAME from filing such motion or taking such appeal, he
(i) The fact that the order or judgment appealed from is not cannot avail himself of this petition73.
appealable
DIFFERENCE BETWEEN MOTION FOR NEW
TRIAL/MOTION FOR RECONSIDERATION AND
WHEN TO WITHDRAW
PETITION FOR RELIEF FROM JUDGMENT
An appeal may be withdrawn as of right at any time before MNT/MR (Rule 37) Petition for Relief from
the filing of the appellee's brief. Thereafter, the withdrawal Judgment (Rule 38)
may be allowed in the discretion of the court. (Sec. 3, Rule 50) As to when available
Available before Available after judgment
judgment becomes final becomes final and executory.
and executory.
DUAL FUNCTION OF APPELLATE COURTS
As to application
An appellate court serves a dual function. The first is the Applies to judgments or Applies to judgments, final
review for correctness function, whereby the case is reviewed final orders only. orders and other proceedings:
on appeal to assure that substantial justice has been done. The land registration, special
second is the institutional function, which refers to the proceedings, order of
progressive development of the law for general application in execution.
the judicial system. (A.M. No. CA-13-51-J) As to grounds
FAME and newly FAME
discovered evidence
When filed
THE “HARMLESS ERROR RULE” IN APPELLATE
Filed within the time to Filed within sixty days from
DECISIONS
appeal knowledge of the judgment
No error in either the admission or the exclusion of evidence and within six months from
and no error or defect in any ruling or order or in anything entry of judgment.
done or omitted by the trial court or by any of the parties is Effect of Denial
ground for granting a new trial or for setting aside, If denied, the order of If denied, the order of denial
modifying, or otherwise disturbing a judgment or order, denial is not appealable, is not appealable, hence
unless refusal to take such action appears to the court hence remedy is appeal remedy is appeal from the
inconsistent with substantial justice. The court at every stage from the judgment judgment
of the proceeding must disregard any error or defect which Nature
does not affect the substantial rights of the parties. (Sec. 6, Rule Legal remedy Equitable remedy
51) Necessity of Verification
Motion need not be Petition must be verified.
verified
RELIEF FROM JUDGMENTS OR FINAL ORDERS AND
RESOLUTIONS
GROUNDS FOR AVAILING OF THE REMEDY
Rationale (1) When a judgment or final order is entered, or any other
proceeding is thereafter taken against a party in any
After the time for filing a motion for new trial or
court through FAME (Sec. 1, Rule 38)
reconsideration and for appeal has lapsed, the aggrieved
(2) When the petitioner has been prevented from taking an
party still has one remedy left by which he may have the
appeal by FAME (Sec. 2, Rule 38)
issuing court modify or reverse its judgment or final order
and this is by a petition for relief under Rule 38.70
70 P. 220. Basic Civil Procedure. Bautista (2009). 72 Quelnan vs VHF Philippines

71 Mesina vs Meer (2002) 73 Trust International Paper Corporation vs Pelaez

Remedial Law
TIME TO FILE ACTION

Note: Extrinsic fraud must be employed against it by the
Within sixty (60) days after the petitioner learns of the
adverse party, who because of some trick, artifice, or
judgment, final order, or other proceeding to be set aside; and
device naturally prevails in the suit. It does not include
fraud practiced by its own witness, in making false
Not more than six (6) months after such judgment or final
testimony.76
order was entered, or such proceeding was taken. (Sec. 3, Rule
38)
(2) Lack of Jurisdiction
Lack of jurisdiction refers to either lack of jurisdiction
CONTENTS OF PETITION over the person of the defending party or over the
subject matter of the claim. It means absence of or no
(1) The petition must be verified;
jurisdiction, that is, the court should not have taken
(2) Affidavits, showing the FAME relied upon; and
cognizance of the petition because the law does not vest
(3) Affidavits showing the facts constituting the petitioner’s
it with jurisdiction over the subject matter.
good and substantial cause of action or defense, as the
Note: Petitioner must show not merely an abuse of
case may be. (Sec. 3, Rule 38)
jurisdictional discretion but an absolute lack of
jurisdiction.77
(3) Lack of Due Process

ANNULMENTS OF JUDGMENTS OR FINAL ORDERS
AND RESOLUTIONS
PERIOD TO FILE ACTION
Definition: An action for annulment of judgment is a

remedy in law independent of the case where the judgment Extrinsic fraud - the action must be filed within four (4)
sought to be annulled was rendered. years from its discovery. (Sec. 3, Rule 47)
Purpose: The purpose of such action is to have the final and Lack of jurisdiction – the action must be brought before the
executory judgment set aside so that there will be a renewal action is barred by laches or estoppel. (Sec. 3, Rule 47)
of litigation.
Annulment of judgment is resorted to in cases where the

EFFECTS OF JUDGMENT OF ANNULMENT
ordinary remedies of new trial, appeal, petition for relief from
judgment, or other appropriate remedies are no longer
available through no fault of petitioner, and is based on only Extrinsic fraud – The court, upon motion, may order the
two grounds, extrinsic fraud and lack of jurisdiction. (Alaban trial court to try the case as if a motion for new trial was
v. Court of Appeals, 470 SCRA 697) granted. (Sec. 7, Rule 47)
Annulment of judgment does not apply to judgments As a general rule, the prescriptive period is deemed
rendered by quasi-judicial bodies. It does not also apply to suspended. However, The prescriptive period shall not be
decisions or orders of the Ombudsman in administrative suspended where the extrinsic fraud is attributable to the
cases whose decisions or orders may be appealed to the Court plaintiff in the original action. (Sec. 8, Rule 47)
of Appeals under Rule 43. (Macalalag v. Ombudsman, 2004)
Lack of jurisdiction – It shall have the effect of setting aside
Note: A person need not be a party to the judgment sought to the questioned judgment or final order rendering the same
be annulled, and it is only essential that he can prove his null and void but the judgment of annulment is without
allegation that the judgment was obtained by the use of fraud prejudice to the the refiling of the original action in the proper
and collusion and he would be adversely affected thereby.74 court. (Sec. 7, Rule 47)
The prescriptive action shall be deemed suspended from the

filing of such original action until the finality of the judgment
GROUNDS FOR ANNULMENT
of annulment. (Sec. 8, Rule 47)
Note: Grounds are exclusive.

(1) Extrinsic Fraud
COLLATERAL ATTACK ON JUDGMENTS
Extrinsic fraud exists when there is a fraudelent act
committed by the prevailing party outside of the trial of When, in another action to obtain a different relief, an attack
the case, whereby the defeated party was prevented on the judgment is made as an incident in said action. This is
from presenting fully his side of the case by deception proper only when the judgment, on its face, is null and void.78
practiced on him by the prevailing party75. It is also
known as Collateral Fraud.
74 Lopez vs Esquivel (2009) 77 Spouses Manila vs Spouses Manzo (2011)

75 Alba vs Court of Appeals, 465 SCRA 495 78 as where it is patent that the court which rendered said judgment
76 p. 812, Remedial Law Vol. 2. Herrera has no jurisdiction (Co vs. CA, 196 SCRA 705)

Remedial Law
Direct Collateral
against a judgment is made when, in another
made through an action action to obtain a different
or proceeding the main relief, an attack on the
object of which is to judgment is made as an
annul, set aside, or enjoin incident in said action. This
the enforcement of such is proper only when the
judgment, if not yet judgment, on its face, is null
carried into effect; or, if and void, as where it is
the property has been patent that the court which
disposed of, the rendered said judgment has
aggrieved party may sue no jurisdiction. [Co vs.
for recovery. Court of Appeals, 196 SCRA
705(1991)]
Examples: A petition for certiorari under Rule 65 is a direct attack. It is use is a collateral attack on the corporation. A motion to dismiss is
filed primarily to have an order annulled. An action for annulment of a incidental to the main action for sum of money. It is not filed as an action
judgment is likewise a direct attack on a judgment. A motion to dismiss a intended to attack the legal existence of the plaintiff (Co vs. CA, 196 SCRA
complaint for collection of a sum of money filed by a corporation against 705) (RIANO, 493)
the defendant on the ground that the plaintiff has no legal capacity to

Remedial Law
COMPARATIVE TABLE ON THE MODES OF APPEAL
Ordinary Appeal Petition for Review Appeal by Certiorari

(Petition for Review on Certiorari)
Governing Rule Rule 40 Rule 41 Rule 42 Rule 43 Rule 45
Court of Origin to MTC to RTC RTC (in ORIGINAL RTC (in APPELLATE jurisdiction) Quasi-judicial agency to CA Appeal to Supreme Court
Superior Court jurisdiction) to CA to CA (from CA, SB, CTA, RTC)
When proper Appeal from a Appeal from cases decided Appeal from a decision of the Appeals from judgments or final Appeals from a judgment or final order or
judgment or final by the Regional Trial Court Regional Trial Court rendered in orders or resolution of or authorized resolution of the Court of Appeals, the
order of a in the exercise of its the exercise of its appellate by any quasi-judicial agency in the Sandiganbayan, the Regional Trial Court or
Municipal Trial original jurisdiction jurisdiction exercise of its quasi-judicial functions other courts whenever authorized by law
Court
How a) Notice of appeal Filing a verified petition for Filing a verified petition for review Filing a verified petition for review on certiorari
b) Record on appeal review
Where to file MTC RTC CA CA SC

Issues Involved a) Questions of Fact or a) Questions of Fact a. Questions of Fact Pure Questions of Law
b) Questions of Fact and Law b) Questions of Law b. Questions of Law
c) c) Mixed Questions of c. Mixed Questions of Fact
Fact and Law and Law
Time for filing By Notice of Appeal: Within 15 days after Within 15 days from: Within 15 days from: Within 15 days from:
notice of judgment or final order
a) Notice of decision sought to be a) Notice of the award, judgment, final a) Notice of the judgment or final order or
By Record on Appeal: Within 30 days from reviewed, or order or resolution, resolution appealed from, or
notice of judgment or final order by filing a b) Notice of denial of petitioner’s b) Date of its last publication, if b) Notice of the denial of the petitioner's motion
notice of appeal and a record on appeal motion for new trial or publication is required by law for its for new trial or reconsideration filed in due time
reconsideration effectivity, after notice of the judgment.
c) Denial of petitioner's motion for
new trial or reconsideration duly filed
in accordance with the governing law
of the court or agency a quo.

Remedial Law
WHEN EXECUTION SHALL ISSUE
EXECUTION, SATISFACTION AND EFFECT EXECUTION AS A MATTER OF RIGHT

OF JUDGMENTS
Also known as Ministerial Execution
(a) On motion;
(b) Upon judgment or order that disposes of the action or
DIFFERENCE BETWEEN FINALITY OF JUDGMENT FOR proceeding
(c) Upon expiration of the period to appeal therefrom and no
PURPOSES OF APPEAL AND FOR PURPOSES OF
appeal has been duly perfected;
EXECUTION (d) When appeal has been duly perfected and resolved, by
filing a motion with the court of origin submitting true copies
of the final judgment or final order sought to be enforced.
Final and Executory
Final Judgment
judgments
Once a judgment becomes final and executory, the prevailing
Dispose of, adjudicate, or Becomes final and
party can have it executed as a matter of right, and the
determine the rights of executory by operation of
issuance of a writ of execution becomes a ministerial duty of
parties law
the court .
After lapse of period to
appeal and no appeal was Judgment and orders become final and executory by
Still subject to appeal
perfected, no further action operation of law and not by judicial declaration. Its finality
ca be had becomes a fact when the reglementary period for appeal
Execution of judgment not Execution of judgment a lapses, and no appeal is perfected within such period.
a matter of right matter of right
MODES OF EXECUTION OF JUDGMENT

There are two modes of executing final and executory DISCRETIONARY EXECUTION
judgment:
• Execution by a motion if the enforcement of the The concept of discretionary execution constitutes an
judgment is sought within 5 years from the date of
exception to the general rule that a judgment cannot be
entry
executed before the lapse of the period for appeal or during
• Execution by independent action if the 5-year the pendency of an appeal.
period has elapsed and before it is barred by statute
of limitations. REQUISITES:
(1) Motion filed by a prevailing party with notice to adverse
JUDGEMENTS NOT STAYED BY APPEAL party
(a) Judgments as of now declared to be immediately (2) Hearing of the motion for discretionary execution
executory, shall be enforceable after their rendition, and shall (3) Good reasons to justify the discretionary execution
not be stayed unless otherwise ordered by the trial court. (4) Reasons must be stated in the special order
• Judgments for Injunction
• Judgments for Receivership A DISCRETIONARY EXECUTION LIKE AN
• Judgments for Accounting EXECUTION PENDING APPEAL
• Judgments for Support A discretionary execution like an execution pending appeal
must be strictly construed because it is an exception to the
(b) Judgments that may thereafter be declared to be general rule.
immediately executory.
Good reasons as justification for the discretionary execution
GROUNDS FOR QUASHING A WRIT OF EXECUTION: is essential.
(1) Writ of execution varies the judgment
(2) Change in the situation of the parties making execution Examples:
inequitable or unjust (1) Insolvency of judgment debtor
(3) Execution is sought to be enforced against property (2) Good subject of the judgment will perish
exempt from execution (3) Frivolous appeal
(4) It appears that the controversy has never been submitted
to the judgment of the court Mere posting of bond for discretionary execution is NOT
(5) Terms of the judgment are not clear enough and there sufficient.
remains room for interpretation thereof
(6) When it is improvidently issued
HOW A JUDGMENT IS EXECUTED

Remedial Law
Through a writ of execution, which is a court order directing vest it in others, which shall have the force and effect of
a sheriff or other officer to enforce a judgment, usually by a conveyance executed in due form of law. (10a)
seizing and selling the judgment debtor’s property.
(b) Sale of real or personal property. — If the judgment be
for the sale of real or personal property, to sell such
property, describing it, and apply the proceeds in
EXECUTION BY MOTION OR BY INDEPENDENT conformity with the judgment. (8[c]
ACTION
(c) Delivery or restitution of real property. — The officer
There is a need to file a motion for the issuance of a writ of shall demand of the person against whom the judgment
execution. Under SC Circular No. 24-94, a motion for the for the delivery or restitution of real property is rendered
issuance of a writ of execution must contain a notice to the and all persons claiming rights under him to peaceably
adverse party. vacate the property within three (3) working days, and
restore possession thereof to the judgment obligee,
otherwise, the officer shall oust all such persons
therefrom with the assistance, if necessary, of
ISSUANCE AND CONTENTS OF A WRIT OF EXECUTION appropriate peace officers, and employing such means
as may be reasonably necessary to retake possession,
and place the judgment obligee in possession of such
The writ of execution is issued in the name of the Republic of
property. Any costs, damages, rents or profits awarded
the Philippines and must contain:
by the judgment shall be satisfied in the same manner as
(1) Name of the court that granted the motion
a judgment for money. (13a)
(2) Case number
(3) Dispositive portion of the judgment or order subject of the
(d) Removal of improvements on property subject of
execution
execution. — When the property subject of the execution
(4) Require the sheriff or other proper officer to whom it is
contains improvements constructed or planted by the
directed to enforce the writ according to the terms
judgment obligor or his agent, the officer shall not
destroy, demolish or remove said improvements except
The writ of execution should conform to the dispositive
upon special order of the court, issued upon motion of
portion of the decision to be executed and the execution is
the judgment obligee after the hearing and after the
void if it is in excess of and beyond the original judgment.79
former has failed to remove the same within a
reasonable time fixed by the court. (14a)
EXECUTION OF JUDGMENTS FOR MONEY Delivery of personal property. — In judgment for the delivery
of personal property, the officer shall take possession of the
same and forthwith deliver it to the party entitled thereto and
In executing a judgment for money, the sheriff shall: satisfy any judgment for money as therein provided. (8a)
(1) Demand from the judgment obligor the immediate
payment of the full amount
(2) If obligor cannot pay, the officer shall levy upon the EXECUTION OF SPECIAL JUDGMENTS
properties of the obligor
When a judgment requires the performance of any act other
Levy by the sheriff may be done only if the judgment obligor
than those mentioned in the two preceding sections, a
cannot pay all or part of the obligation in cash, certified bank
certified copy of the judgment shall be attached to the writ of
check or other modes acceptable to the prevailing party.
execution and shall be served by the officer upon the party
against whom the same is rendered, or upon any other person
required thereby, or by law, to obey the same, and such party
EXECUTION OF JUDGMENTS FOR SPECIFIC ACTS or person may be punished for contempt if he disobeys such
judgment. (Sec. 11, Rule 39)
(Sec. 11, Rule 39)
Special Judgment
(a) Conveyance, delivery of deeds, or other specific acts; One which requires the performance of any act, other than the
vesting title. — If a judgment directs a party to execute payment of money or delivery of real or personal property
a conveyance of land or personal property, or to deliver which a party must personally do because his personal
deeds or other documents, or to perform, any other qualifications and circumstances have been taken into
specific act in connection therewith, and the party fails consideration. (Regalado)
to comply within the time specified, the court may direct
the act to be done at the cost of the disobedient party by
some other person appointed by the court and the act
when so done shall have like effect as if done by the
party. If real or personal property is situated within the
Philippines, the court in lieu of directing a conveyance
thereof may by an order divest the title of any party and
79 Ex- Bataan Veterans Security Agency vs. NLRC, 250 SCRA 418

Remedial Law
EFFECT OF LEVY ON THIRD PERSONS (c) Three horses, or three cows, or three carabaos, or other
beasts of burden, such as the judgment obligor may
select necessarily used by him in his ordinary
The levy on execution shall create a lien in favor of the
occupation;
judgment obligee over the right, title and interest of the
(d) His necessary clothing and articles for ordinary personal
judgment obligor in such property at the time of the levy, use, excluding jewelry;
subject to liens and encumbrances then existing. (Sec. 12, Rule (e) Household furniture and utensils necessary for
39) housekeeping, and used for that purpose by the
judgment obligor and his family, such as the judgment
NECESSITY OF LEVY obligor may select, of a value not exceeding one hundred
thousand pesos;
It is an essential act by which the property is set apart for the (f) Provisions for individual or family use sufficient for four
satisfaction of the judgment and taken into coustory of law, months;
and that, after it has been taken from the defendant, his (g) The professional libraries and equipment of judges,
interest is limited to its application to the judgment, lawyers, physicians, pharmacists, dentists, engineers,
irrespective of the time when it may be sold.80 surveyors, clergymen, teachers, and other professionals,
not exceeding three hundred thousand pesos in value;
Execution if the judgment obligee/obligor dies (h) One fishing boat and accessories not exceeding the total
value of one hundred thousand pesos owned by a
Effect of death to Execution fisherman and by the lawful use of which he earns his
Execution will issue in any case. livelihood;
Death of
Upon application of his executor, (i) So much of the salaries, wages, or earnings of the
obligee
administrator, or successor-in-interest judgment obligor for his personal services within the
Death before levy: four months preceding the levy as are necessary for the
(a) Action for recovery of real or personal support of his family;
property or any lien – execution will (j) Lettered gravestones;
issue (k) Monies, benefits, privileges, or annuities accruing or in
(b) Action for a sum of money – execution any manner growing out of any life insurance;
will not issue. In this case, the (l) The right to receive legal support, or money or property
judgment obligee should file claim obtained as such support, or any pension or gratuity
Death of against the estate of the judgment from the Government;
obligor obligor under rule 86 (m) Properties specially exempted by law.
Death after levy: execution will issue since But no article or species of property mentioned in this section
the property is already separated from the shall be exempt from execution issued upon a judgment
estate of the deceased and is deemd in recovered for its price or upon a judgment of foreclosure of a
cusodia legis mortgage thereon. (Sec. 13, Rule 39)
Against his executor, administrator, or Note: The list is not exclusive. There are other properties
successor-in-interest exempt form execution outside the Rules of Court.
Where the application is made

(a) Execution shall be applied for in the court of origin. PROCEEDINGS WHERE PROPERTY IS CLAIMED BY
(b) If an appeal has been duly perfected and finally THIRD PERSONS
resolved, the execution may be applied for also in the
court of origin on the motion of the judgment obligee.
(c) There is no need to wait for the records of the case to be A person claiming a property levied upon may execute an
remanded to the court of origin. affidavit of his title or right of possession over the property.
(d) All that is required is for the appeal to have been duly Such affidavit must state the grounds of such right or title.
perfected and finally resolved before the execution may
be applied for.
IN RELATION TO THIRD-PARTY CLAIM IN

ATTACHMENT AND REPLEVIN
PROPERTIES EXEMPT FROM EXECUTION
Certain remedies available to a third person not party to the
Except as otherwise expressly provided by law, the following action but whose property is the subject of execution:
property, and no other, shall be exempt from execution: 1. Terceria – By making an affidavit of his title thereto
(a) The judgment obligor's family home as provided by law, or his right to possession thereof, stating the
or the homestead in which he resides, and land grounds of such right or title. The affidavit must be
necessarily used in connection therewith; served upon the sheriff and the attaching party
(b) Ordinary tools and implements personally used by him (Sec. 14, Rule 57). Upon service of the affidavit upon
in his trade, employment, or livelihood; him, the sheriff shall not be bound to keep the
80 Bayer Philippine, Inc. vs Agana, 63 SCRA 355

Remedial Law
property under attachment except if the attaching 1. The judgment creditor may cause examination of
party files a bond approved by the court. The the judgment debtor as to his property and income
sheriff shall not be liable for damages for the taking (Sec. 36, Rule 39);
or keeping of the property, if such bond shall be 2. The judgment creditor may cause examination of
filed. the debtors of the judgment debtor as to any debt
2. Exclusion or release of property – Upon application of owed by him or to any property of the judgment
the third person through a motion to set aside the debtor in his possession (Sec. 37, Rule 39);
levy on attachment, the court shall order a 3. If the court finds, after examination, that there is
summary hearing for the purpose of determining property of the judgment debtor either in his own
whether the sheriff has acted rightly or wrongly in hands or that of any person, the court may order
the performance of his duties in the execution of the the property applied to the satisfaction of the
writ of attachment. The court may order the sheriff judgment (Sec. 37, Rule 39);
to release the property from the erroneous levy and 4. If the court finds the earnings of the judgment
to return the same to the third person. In resolving debtor are more than sufficient for his family’s
the application, the court cannot pass upon the needs, it may order payment in fixed monthly
question of title to the property with any character installments (Sec. 40, Rule 39);
of finality but only insofar as may be necessary to 5. The court may appoint a receiver for the property
decide if the sheriff has acted correctly or not (Ching of the judgment debtor not exempt from execution
v. CA, 2004). or forbid a transfer or disposition or interference
For the conjugal partnership to be liable for a with such property (Sec. 41, Rule 39);
liability that should appertain to the husband 6. If the court finds that the judgment debtor has an
alone, there must be a showing that some ascertainable interest in real property either as
advantages accrued to the spouses (Ibid.). mortgagor, mortgagee, or otherwise, and his
3. Intervention– This is possible because no judgment interest can be ascertained without controversy, the
has yet been rendered and under the rules, a court may order the sale of such interest (Sec. 42,
motion for intervention may be filed any time Rule 39); and
before the rendition of the judgment by the trial 7. If the person alleged to have the property of the
court (Sec. 2, Rule 19). judgment debtor or be indebted to him, claims an
4. Accion Reivindicatoria – The third party claimant is adverse interest in the property, or denies the debt,
not precluded by Sec. 14, Rule 57 from vindicating the court may authorize the judgment creditor to
his claim to the property in the same or in a separate institute an action to recover the property, forbid its
action. He may file a separate action to nullify the transfer and may punish disobedience for
levy with damages resulting from the unlawful contempt (Sec. 43, Rule 39).
levy and seizure. This action may be a totally
distinct action from the former case. LIMITATIONS ON EXAMINATION
(1) Judgment debtor cannot be made to appear before
a judge or commissioner outside the province where the
debtor resides.
(2) A judgment debtor may no longer be examined
RULES ON REDEMPTION after the lapse of five years within which a judgment may be
enforced by motion for execution.
The real property sold may be redeemed from the purchaser,

at any time within 1 year from the date of the registration of
the certificate of sale. If there are other creditors having lien
on the property so redeemed may again be redeemed within EXAMINATION OF OBLIGOR OF JUDGMENT OBLIGOR
60 days from the last redemption (Sec.28, Rule 39, ROC).
Requisites
If no redemption is made within 1 year from the date of
registration of the certificate of sale, the purchaser is entitled (1) Writ must be returned unsatisfied; and
to a conveyance and possession of the property. (2) Proof that person, corporation or other legal entity has
property of such judgment debtor or indebted to him81.
Effect
EXAMINATION OF JUDGMENT OBLIGOR WHEN
Service of order binds all credits due to judgment debtor and
JUDGMENT IS UNSATISFIED
all money and property82.
(Sec. 36, Rule 39)
Note: This rule is not applicable where there is no issue
Effects when the judgment was returned unsatisfied: concerning the indebtedness and there is no denial of the
existence of the deposit with the bank which is considered a
credit in favor of the depositor bank83.
81 P. 453, Remedial Law. Vol. 2. Herrera 83 PCIB vs Court of Appeals, 193 SCRA 452
82 P. 454, Remedial Law. Vol. 2. Herrera

Remedial Law
EFFECT OF JUDGMENTS OR FINAL ORDERS
The effect of a judgment or final order rendered by a court of

the Philippines, having jurisdiction to pronounce the
judgment or final order, may be as follows:
(1) In case of a judgment or final order against a specific
thing, or in respect to the probate of a will, or the
administration of the estate of a deceased person, or in
respect to the personal, political, or legal condition or
status of a particular person or his relationship to
another, the judgment or final order is conclusive upon
the title to the thing, the will or administration or the
condition, status or relationship of the person, however,
the probate of a will or granting of letters of
administration shall only be prima facie evidence of the
death of the testator or intestate;
(2) In other cases, the judgment or final order is, with
respect to the matter directly adjudged or as to any other
matter that could have been missed in relation thereto,
conclusive between the parties and their successors in
interest, by title subsequent to the commencement of the
action or special proceeding, litigating for the same thing
and under the same title and in the same capacity; and
In any other litigation between the same parties or their
successors in interest, that only is deemed to have been
adjudged in a former judgment or final order which appears
upon its face to have been so adjudged, or which was actually
and necessarily included therein or necessary thereto. (Sec. 47,
Rule 39)
ENFORCEMENT AND EFFECT OF FOREIGN

JUDGMENTS OR FINAL ORDERS
Effect of Foreign Judgment

(1) In case of a judgment or final order upon a specific
thing, the judgment or final order is conclusive upon
the title to the thing, and
(2) In case of a judgment or final order against a person,
the judgment or final order is presumptive evidence of
a right as between the parties and their successors-in-
interest by a subsequent title.
Enforcement of a foreign judgment

The foreign tribunal must have jurisdiction to render the
judgment or final order.84
Ways of enforcing a foreign judgment

(1) An action may be filed in court
(2) It may be pleaded in an answer or a motion to dismiss
Note: A foreign judgment may be barred from recognition if

it runs counter to public policy85.
84 Asiavest Limited vs Court of Appeals, 296 SCRA 529 85 Republic vs. Gingoyon 2006

Remedial Law
IV. PROVISIONAL REMEDIES JURISDICTION OVER PROVISIONAL REMEDIES
The court which grants or issues a provisional remedy is the

court which has jurisdiction over the main action. Even an
inferior court may grant a provisional remedy in an action
GENERAL MATTERS pending with it and within its jurisdiction.
Temporary, auxiliary, and ancillary remedies available to a

litigant for the protection and preservation of his rights while
PRELIMINARY ATTACHMENT
the main action is pending. They are writs and processes
which are not main actions and they presuppose the existence
of a principal action
Preliminary Attachment is a provisional remedy issued upon
order of the court where an action is pending to be levied
upon the property of the defendant so the property may be
NATURE OF PROVISIONAL REMEDIES held by the sheriff as security for the satisfaction of whatever
judgment may be rendered in the case.88
It is an inherent power of the court concomitant to its very Since attachment is harsh, extraordinary, and summary in
existence to issue provisional remedies, like injunction, to nature, the rules on the application of a writ of attachment
protect the rights and interest of parties pending litigation.86 must be strictly construed in favor of the defendant.89
Provisional remedies are temporary, auxiliary, and ancillary TWO-FOLD Purpose

remedies available to a litigant for the protection and
preservation of his rights while the main action is pending. (1) To seize the property of the debtor in advance of final
They are writs and processes which are not main actions and judgment and to hold it for purposes of satisfying said
they presuppose the existence of a principal action. (Buyco v. judgment
Baraquia, 2009) (2) To acquire jurisdiction over the action by actual or
constructive seizure of the property in those instances
where personal or substituted service of summons on
PURPOSE OF PROVISIONAL REMEDIES:
the defendant cannot be effected. (PCIB v. Alejandro, 533
(1) To preserve or protect their rights or interests while the SCRA 738)
main action is pending;
(2) To secure the judgment;
(3) To preserve the status quo; or
(4) To preserve the subject matter of the action GROUNDS FOR ISSUANCE OF WRIT OF ATTACHMENT
KINDS OF PROVISIONAL REMEDIES: (1) Recovery of specified amount of money and damages
(1) Preliminary attachment (Rule 57); except moral or exemplary
(2) Preliminary injunction (Rule 58); (a) on a cause of action arising from law contract,
(3) Receivership (Rule 59); quasi-contract, delict or quasi-delict
(4) Replevin (Rule 60); and (b) where party is about to depart from the Philippines
(5) Support pendente lite (Rule 61). with intent to defraud creditors;
The enumeration is not exclusive. For example, in the special (2) Actions for money or property embezzled or fraudulently
proceeding of custody of minors, the court may grant a parent misapplied or converted to his own use by:
visitation rights and or temporary custody of the child87 (a) a public officer
(b) an officer of a corporation,
(c) an attorney, factor, broker, agent, or clerk, in the
OTHER PROVISIONAL REMEDIES
course of his employment as such
Issued by a family court (d) by any other person in a fiduciary capacity, or for a
(6) Temporary Custody of Minor Children willful violation of duty;
(7) Order allowing Visitation Rights of Parents
(3) Action to recover of possession of property (both real and
Provisional remedies in a petition for a writ of amparo personal) unjustly taken, detained or converted, when
(8) Temporary Protection Order the property, or any part thereof, is concealed or
(9) Witness Protection Order disposed of to prevent its being found or taken;
(10) Inspection Order
(11) Production Order (4) Actions against a party guilty of fraud in contracting the
debt (dolo causante) or incurring the obligation or in the
86 Far East Bank and Trust Company vs. Shemberg

87 Tan vsAdre, 450 SCRA 145 89 Watercraft vs. Wolfe, G.R. No. 181721
88 Davao Light and Power, Inc. vs. Court of Appeals, 204 SCRA 343

Remedial Law
performance thereof (dolo incidente); TYPES OF ATTACHMENT

(a) Preliminary Attachment
(5) In an action against a party who has removed or disposed
Issued at the commencement of the action or at anytime
of his property, or is about to do so, with intent to
before entry of the judgment as security for the
defraud his creditors;
satisfaction of any judgment that may be recovered in
the cases provided for by the rules.
(6) In an action against a party who does not reside and is not
found in the Philippines, or on whom summons may be
(b) Garnishment
served by publication.
Kind of attachment in which the plaintiff seeks to subject
Note: The grounds are exclusive.
either the property of the defendant in the hands of a
third person called the garnishee, to his claim or the
money which said third person owes the defendant.
REQUISITES (c) Levy on Execution

The writ issued by the court after judgment by which the
property of the judgment obligor is taken into the
(1) The case must be any of those where preliminary custody of the court before the sale of the property on
attachment is proper (Sec. 1, Rule 57); execution for the satisfaction of a final judgment.
(2) The applicant must file a motion, whether ex parte or
with notice and hearing;
(3) The applicant must show by affidavit that:
(a) A sufficient cause of action exists;
(b) The case is one of those mentioned in Sec. 1, ISSUANCE AND CONTENTS OF ORDER OF
(c) There is no other sufficient security for the claim ATTACHMENT
sought to be enforced by action; and
(d) The amount due to applicant or possession of
which he is entitled to recover is as much as the An order of attachment may be issued either ex parte or upon
sum for which the order is granted above all legal motion with notice and hearing by the court in which the
counterclaims action is pending, or by the Court of Appeals or the Supreme
(4) The applicant must post a bond executed to the adverse Court, and must require the sheriff of the court to attach so
party. much of the property in the Philippines of the party against
(a) Amount is fixed by the court in its order granting whom it is issued, not exempt from execution, as may be
the issuance of the writ sufficient to satisfy the applicant's demand, unless such party
(b) Conditioned that, if the court shall finally adjudge makes deposit or gives a bond as hereinafter provided in an
that applicant was not entitled to the writ, the bond amount equal to that fixed in the order, which may be the
will pay: amount sufficient to satisfy the applicant's demand or the
ü All costs which may be adjudged to adverse value of the property to be attached as stated by the applicant,
party and exclusive of costs.
ü All damages which he may sustain by reason
of attachment Several writs may be issued at the same time to the sheriffs
(5) Being provisional in character, attachment depends for of the courts of different judicial regions.
its existence and effectivity upon the pendency of a
principal action in court
AFFIDAVIT AND BOND
Attachment places the property under the custody of the
court (in custodia legis). It is in the nature of proceeding quasi (Sec. 3, Rule 57)
in rem 90 although sometimes referred to as an action in rem 91 An order of attachment shall be granted only when it appears
by the affidavit of the applicant, or of some other person who
Whether in rem or quasi in rem, the legal effects are identical personally knows the facts:
because in both cases, jurisdiction over the person of the (a) that a sufficient cause of action exists
defendant is not required as long as the court acquires (b) that the case is one of the grounds enumerated
jurisdiction over the res.6 (c) that there is no other sufficient security for the claim
sought to be enforced by the action, and
It does not affect the decision on the merits; the right to (d) that the amount due to the applicant, or the value of the
recover judgment on the alleged indebtedness and the right property the possession of which he is entitled to recover,
to attach the property of the debtor are entirely separate and is as much as the sum for which the order is granted
distinct, and the judgment in the main action neither changes above all legal counterclaims.
the nature nor determines the validity of the attachment.
The affidavit, and the bond required by the next succeeding
section, must be duly filed with the court before the order
issues.
90 Banco-Español Filipino vs. Palanca 37 Phil. 921

91Valdemieso vs. Damalerio, 451 SCRA 638, February 18, 2005

Remedial Law
(e) Order and writ of attachment.
RULE ON PRIOR OR CONTEMPORANEOUS SERVICE OF ATTACHMENT OF SPECIFIC KINDS OF PROPERTY (Sec.

7, Rule 57)
SUMMONS
(1) Real property, or growing crops thereon, or any interest
therein
General Rule: Enforcement of the writ or preliminary (a) By filing with the registry of deeds: (i) copy of the
attachment must be preceded or contemporaneously order, together with a description of the property
accompanied by the service of summons, copy of the attached, and (ii) a notice that the property is
complaint, application and affidavit of the attachment and the attached.
bond in favor of the adverse party. (b) The registrar of deeds must index attachments filed
under this section in the names of the applicant, the
Otherwise, the implementation is null and void. adverse party, or the person by whom the property
is held or in whose name it stands in the records.
Exceptions to Contemporaneous Service of Summons: (c) If the attachment is not claimed on the entire area
(a) Where the summons could not be served personally or of the land covered by the certificate of title, a
by substituted service despite diligent efforts; description sufficiently accurate for the
(b) The defendant is a resident of the Philippines who is identification of the land or interest to be affected
temporarirly out of the country; shall be included in the registration of such
(c) The defendant is a non-resident; or attachment.
(d) The action is one in rem or quasi in rem (Sec. 5, Rule 57) (2) Personal property capable of manual delivery
ü Sheriff issues corresponding receipt
ü Then takes and safely keeps it in his custody
CLASSES OF ATTACHMENT (3) Stocks or shares, or an interest in stocks or shares, of any
corporation or company
Preliminary Attachment (Rule Final Attachment (Rule ü Leave with the president or managing agent
57) 39) thereof, a copy of the writ, and a notice stating that
It is an auxiliary remedy to It is a means for the the stock or interest of the party against whom the
give security for a judgment execution of a final attachment is issued is attached in pursuance of
still to be rendered. judgment such writ
There is no sale because a It should always be (4) Debts and credits, including bank deposits, financial
decision has not yet been accompanied by a sale interest, royalties, commissions and other personal
rendered. at public auction. property not capable of manual delivery
Resorted to at the Available after the (a) Leave with the person owing such debts, or having
commencement of the action judgment in the main in his possession or under his control, such credits
or at any time before entry of action had become or other personal property, or with his agent
judgment, for the temporary executory, and for the (b) The following: a copy of the writ, and notice that
seizure of property of the satisfaction of said the debts owing by him to the party against whom
adverse party judgment. attachment is issued, and the credits and other
The proceeds of the sale are in The proceeds of the sale personal property in his possession, or under his
custodia legis are turned over to the control, belonging to said party, are attached in
attaching creditor pursuance of such writ
Intervention is a remedy to a Intervention is NOT (5) The interest of the party against whom attachment is
stranger whose property has available as a remedy issued in property belonging to the estate of the
been attached because there is an decedent, whether as heir, legatee, or devisee
assumption of final (1) Service made to the executor or administrator or
judgment in Rule 39 other personal representative of the decedent with
a copy of the writ and notice that said interest is
attached
(2) A copy of said writ of attachment and of said notice
shall also be filed in the office of the clerk of the
MANNER OF ATTACHING REAL AND PERSONAL court in which said estate is being settled and
PROPERTY; WHEN PROPERTY ATTACHED IS CLAIMED served upon the heir, legatee or devisee concerned.
BY THIRD PERSONS (6) If the property sought to be attached is in custodia legis
(a) A copy of the writ of attachment shall be filed with
the proper court or quasi-judicial agency, and
Levy shall not be made unless preceded or (b) Notice of the attachment served upon the custodian
contemporaneously accompanied by: of such property.
(a) Service of summons, except in instances when
contemporaneous service is not required; Note: All properties exempt from execution are likewise
(b) Copy of the complaint exempt from attachment (Sec. 2, Rule 57; Sec 13, Rule 39)
(c) Application for attachment
(d) Affidavit and bond of the applicant; and When Applied For

Remedial Law
(1) At the commencement of the action; or If the attachment is excessive, the discharge shall be limited
(2) At any time before the entry of judgment. to the excess.
Who may apply Note: There is a difference between the bond for issuance of
It may be applied for by the plaintiff or any proper party writ and bond for lifting the writ
(including a defendant who filed a counterclaim, cross-claim,
or a third party complaint).
SATISFACTION OF JUDGMENT OUT OF PROPERTY

ATTACHED
Stages in the manner of the issuance of writ of preliminary
attachment
The grant of provisional remedy of attachment involves 3 The sheriff may cause the judgment to be satisfied out of the
stages: property attached in the following manner:
(1) Issuance of the order granting the application (1) By paying to the judgment obligee the proceeds of all
(2) Issuance of the writ proper sales of perishable or other property sold in pursuance
(3) Implementation of the writ of the order of the court, or so much as shall be necessary
to satisfy the judgment;
For the initial two stages, it is not necessary that jurisdiction (2) If any balance remains due, by selling so much of the
over the person of the defendant be first obtained, but once property, real or personal, as may be necessary to satisfy
the implementation of the writ commences, the court must the balance, if enough for that purpose remain in the
have acquired jurisdiction over the defendant.14 sheriff's hands, or in those of the clerk of the court;
(3) By collecting from all persons having in their possession
credits belonging to the judgment obligor, or owing
debts to the latter at the time of the attachment of such
PROCEEDINGS WHERE ATTACHED PROPERTY IS credits or debts, the amounts of such credits and debts
CLAIMED BY THIRD PERSON as determined by the court in the action, and stated in
the judgment, and paying the proceeds of such collection
A third person who has a claim to the property attached may over to the judgment obligee. (Sec 15, Rule 57)
avail of the following remedies:
(1) File terceria or third-party claim (Rule 57, Sec. 14)
A third-party claim may be filed with the sheriff while
he has possession of the properties levied upon, this
being the only time fixed for the purpose PRELIMINARY INJUNCTION
(a) The claimant makes an affidavit of his title or right
to possession, stating the grounds of such right or
title. The affidavit must be served upon the sheriff
(b) Substantial identical procedure as in terceria in
Rule 39 DEFINITIONS AND DIFFERENCES: PRELIMINARY
(2) File independent action to recover property (Uy v. CA, INJUNCTION AND TEMPORARY RESTRAINING ORDER
191 SCRA 275); or
(TRO)
(3) File motion for intervention (available only before
judgment is rendered)
Injunction
A judicial writ, process or proceeding whereby a party is
ordered to do or refrain from doing a particular act
DISCHARGE AND THE COUNTER-BOND
PRELIMINARY INJUNCTION – DEFINITION AND

After a writ of attachment has been enforced, the party whose NATURE
property has been attached, or the person appearing on his
behalf, may move for the discharge of the attachment wholly A preliminary Injunction (PI) is an order granted at any stage
or in part on the security given. of an action prior to judgment of final order, requiring a party,
court, agency, or person to refrain from a particular act or acts.
Ways of Discharging Attachment
(1) Movant makes a cash deposit, or files a counter-bond It is an ancillary or preventive remedy where a court requires
executed to the attaching party with the clerk of the court a person, party or even a court or tribunal either to REFRAIN
where the application is made, in an amount equal to (prohibitory) from or to PERFORM (mandatory) particular
that fixed by the court in the order of attachment, acts during the pendency of an action.
exclusive of costs.
(2) Movant may file for an order on the ground that the It is merely a temporary remedy subject to the final
same was improperly or irregularly issued or enforced, disposition of the principal action.26
or that the bond is insufficient.
PRELIMINARY
INJUNCTION AS MAIN ACTION
INJUNCTION

Remedial Law
Independent action Ancillary This is an extreme remedy

Seeks a judgment embodying Seeks to preserve status which will be granted only
a final injunction quo upon a showing that:
Assailed by petition for (a) The invasion of the right
Assailed by timely appeal is material and
certiorari
substantial
(b) Right of complainant is
Purpose: To preserve the status quo or to prevent future clear and unmistakable
wrongs in order to preserve and protect certain interests or (c) There is an urgent and
rights during the pendency of the action.27 paramount necessity
(Almeida v. CA, G.R. No.
Status quo - The last actual, peaceable and uncontested 159124)
situation which precedes a controversy. It is the situation The act has not yet been The act has already been
existing at the time of the filing of the case. performed performed and this act has
violated the rights of another.
PRELIMINARY INJUNCTION TRO Status Quo is Status Quo is restored.
preserved.
An order granted at any stage of
Issued to preserve
an action or proceeding prior to
the status quo until
the judgment or final order,
the hearing of the
requiring a party or a court,
application for
agency or a person to either
preliminary WHEN WRIT MAY BE ISSUED
refrain from or to perform a
injunction.
particular act or acts during the
pendency of the action. It may be issued at any stage prior to the judgment or final
RTC: Does not order by the court where the action or proceeding is
exceed 20 days pending.
May exceed 20 days
CA: Does not à If the action or proceeding is pending in the Court of
exceed 60 days Appeals or in the Supreme Court, it may be issued by said
SC: Indefinite court or any member thereof.
Restrains or requires the Maintains the
performance of particular acts status quo If after the trial of the action it appear that the applicant is
entitled to have the act or acts complained of permanently
enjoined
Preliminary Injunction Final Injunction

REQUISITES (Sec 1 Rule 58) (Sec 9 Rule 58)
granted at any stage issued in the judgment in the
of an action prior to case permanently restraining
(a) There must be a verified application (Sec. 4, Rule 58);
the judgment or final the defendant or making the
(b) The applicant must establish:
order therein. preliminary injunction
(1) That he has a right to relief or a right to be protected
permanent.
(2) That the act against which the injunction is sought
violates such right;
(3) Paramount necessity to restrain the commission or
continuance of the acts complained of and if not
GROUNDS FOR ISSUANCE OF PRELIMINARY
enjoined would work injustice to him; (Sec. 3, Rule
58) INJUNCTION
(c) A bond must be posted, unless otherwise exempted by
the court; (Sec. 4, Rule 58); and (1) The applicant is entitled to the relief demanded, and the
(d) Notice and hearing (Sec. 5, Rule 58); whole or part of such relief consists in restraining the
commission or continuance of the act or acts complained
of, or in requiring the performance of an act or acts either
for a limited period or perpetually; or
(2) The commission, continuance or non-performance of the
KINDS OF INJUNCTION
act or acts complained of during the litigation would
probably work injustice to the applicant; or
Preliminary Prohibitory Preliminary Mandatory (3) A party, court, agency or a person is doing, threatening
Injunction Injunction or is attempting to do, or is procuring or suffering to be
Purpose: prevent a Purpose: to require a person done, some act or acts probably in violation of the rights
person from the to perform a particular act or of the applicant respecting the subject of the action or
performance of a acts proceeding, and tending to render the judgment
particular act or acts ineffectual. (Sec 3, Rule 58)

Remedial Law
GROUNDS FOR OBJECTION TO, OR FOR THE

DISSOLUTION OF INJUNCTION OR RESTRAINING Note: In this case, the application shall file a bond in an
ORDER amount to be fixed by the court and which bond shall accrue
in favor of the government if the court should finally decide
that the applicant was not entitled to the relief sought. (Sec. 3,
(1) Upon a showing of its insufficiency.
RA 8975)
(2) On other grounds upon affidavits of the party or person
enjoined, which may be opposed by the applicant also
by affidavits.
(3) If it appears after hearing that although the applicant is
entitled to the injunction or restraining order, the RULE ON PRIOR OR CONTEMPORANEOUS SERVICE OF
issuance or continuance thereof, as the case may be,
SUMMONS IN RELATION TO ATTACHMENT
would cause irreparable damage to the party or person
enjoined while the applicant can be fully compensated
for such damages as he may suffer. (Sec. 6, Rule 58) When an application for a writ of preliminary injunction or
TRO is made in a complaint or other initiatory pleading, the
case, if filed in a multi-sala court, shall be raffled only after
notice to and in the presence of the adverse party. In any
DURATION OF TRO
event, such notice shall be preceded or contemporaneously
accompanied by a service of summons, together with a copy
(1) The 20-day period of effectivity of a TRO is non- of the complaint or initiatory pleading and the applicant’s
extendible; the restraining order automatically affidavit and bond, upon the adverse party in the Philippines.
terminates at the end of such period without the need of
any judicial declaration to that effect. (Aquino v. Luntok, However, it is not available where the summons could not be
G.R. No. 84324) served personally or by substituted service despite diligent
(2) If a TRO was issued by the Court of Appeals, it shall be efforts or where the adverse party is a resident of the
effective for 60 days from service on the party sought to Philippines temporarily absent therefrom or is a non-resident
be enjoined. thereof. (Sec. 4(c), Rule 58)
(3) If a TRO was issued by the Supreme Court, it shall be
effective until further orders. (Sec. 5, Rule 58)
RECEIVERSHIP
IN RELATION TO RA 8975 – BAN ON ISSUANCE OF TRO
OR WRIT OF INJUNCTION IN CASE INVOLVING Purpose: For the preservation of, and at making more secure
GOVERNMENT INFRASTRUCTURE PROJECTS existing rights; to protect and preserve the rights of the parties
during the pendency of the main action, during the pendency
of an appeal or as an aid in the execution of a judgment when
General Rule: No court, except the Supreme Court, shall issue the writ of execution has been returned unsatisfied (Riano)
any temporary restraining order, preliminary injunction or
preliminary mandatory injunction against the government or
Receiver
any of its subdivisions, officials or any person or entity,
whether public or private acting under the government A person appointed by the court in behalf of all the parties to
direction, to restrain, prohibit or compel the following acts: an action for the purpose of preserving the property involved
(1) Acquisition, clearance and development of the right-of- in the suit and to protect the rights of all the parties under the
way and/or site or location or location of any direction of the court.33 He is an officer of the court who is
government project; indifferent to the litigants and neutral.
(2) Bidding or awarding of contract/project of the national
government; A receiver is not a representative party under Rule 3 but a real
(3) Commencement , prosecution, execution, party in interest, BUT he cannot file a case without the consent
implementation, operation of any such contract or of the receivership court.
project;
(4) Termination or recission of any such contract/project;
and
(5) The undertaking or authorization of any other lawful
activity necessary for such contract/project 92. CASES WHEN A RECEIVER MAY BE APPOINTED
Exceptions
(1) When the mattier is of extreme urgency; UPON VERIFIED APPLICATION, one or more receivers of
(2) If it involes a constitutional issue; the property which is the subject if the action may be
(3) A grave injustice and irreparable injury will arise unless appointed by the court where the action is pending in the
a TRO is issued. following cases:
92 Sec. 3, RA 8975

Remedial Law
(1) Applicant has an interest in the property or fund subject (1) Bring and defend, in such capacity, actions in his own
of the proceeding and such property is in danger of name.
being lost, removed, or materially injured unless a (2) Take and keep possession of the property in
receiver is appointed; controversy;
(2) In foreclosure of mortgage, when the property is in (3) Receive rents;
danger of being wasted, dissipated or materially injured, (4) Collect debts due to himself as receiver or to the fund,
and that its value is probably insufficient to discharge property, estate, person, or corporation of which he is
the mortgage debt or that it has been agreed upon by the the receiver;
parties; (5) Compound for and compromise the same;
(3) After judgment, to preserve the property during the (6) Make transfers;
pendency of an appeal or to dispose of it according to the (7) Pay outstanding debts;
judgment or to aid execution. (8) Divide the money and other property that shall remain
(4) When appointment of receiver is the most convenient among the persons legally entitled to receive the same.
and feasible means of preserving, administering or (9) Generally to do such acts representing the property as
disposing of the property in litigation. the court may authorize; and
(10) Invest fund in his hands, only by order of the court
The property must be under litigation. upon the written consent of all the parties.
No action may be brought by or against a receiver without

leave of the court which appointed him.
REQUISITES
A receiver may not invest funds without an order from the
court and without the written consent of the parties to the
(1) Verified application; action.
(2) Applicant must have an interest in the property or funds
subject of the action;
(3) Application must show that the property or funds is in
danger of being lost, wasted, or dissipated TWO (2) KINDS OF BONDS
(4) Appointed by the court where the action is pending, or
by the CA or by the SC, or a member thereof;
(5) Applicant‘s bond conditioned on paying the adverse 1. Applicant‘s Bond – to pay the damages the adverse
party all damages he may sustain by the appointment of party may sustain by reason of appointment of
the receiver in case the appointment is without sufficient receiver; and
cause; 2. Receiver‘s Bond – to answer for receiver’s faithful
(6) Receiver takes his oath and files his bond. discharge of his duties.
The court may, in its discretion, at any time after the

appointment, require an additional bond as further security
for such damages. (Sec. 2, Rule 59) TERMINATION OF RECEIVERSHIP
(1) The Court shall determinine that the necessity for a

receiver no longer exists
REQUIREMENTS BEFORE ISSANCE OF AN ORDER (2) On motion of either party or motu proprio,
APPOINTING A RECEIVER (3) Due notice shall be given to all parties
(4) A hearing shall be conducted
(5) The court shall then settle the accounts of the receiver
Who may grant receivership (6) The court shall direct delivery of the funds or property
in his possession to the person adjudged entitled thereto,
(1) Court, in which the action is pending
and then
(2) Court of Appeals
(7) Shall order the discharge of the receiver.
(3) Supreme Court, or any member thereof
The receiver shall be entitled to a reasonable compensation
Who may be appointed which is to be taxed as costs upon the defeated party or
apportioned as justice requires.
The general rule is that neither to a litigation should be
appointed receiver without the other's consent because "a
receiver ought to be an indifferent person between the
parties" and "should be impartial and disinterested"
(Alcantara v. Abas, G.R. No. L-14890)
REPLEVIN
Replevin is a provisional remedy seeking for the possession

GENERAL POWERS OF A RECEIVER of the property prior to the determination of the main action
for replevin

Remedial Law
It may also be a main action with the ultimate goal of REDELIVERY BOND
recovering personal property capable of manual delivery
wrongfully detained by a person. In this sense, it is a suit in
itself Value: in double of the value of the property as stated in the
affidavit aforementioned
Purpose: for the return of the property to the defendant of

WHEN MAY A WRIT OF REPLEVIN BE ISSUED such sum as he may recover from the plaintiff in the action.
(Sec. 2, Rule 60)
(1) At the commencement of the action

(2) At any time before the defendant files his answer
SHERIFF’S DUTY IN THE IMPLEMENTAITON OF THE
Note: for which reason there can be no replevin before the WRIT
appellate courts.
(1) Serve a copy of the order together with a copy of the

WHO MAY AVAIL
application, affidavit and bond to the adverse party;
It is available to any party praying for the recovery of (2) Take the property, if it be in the possession of the adverse
possession of personal property unjustly detained (Sec. 1, party, or his agent, and retain it in his custody;
Rule 60) (3) Demand delivery of the property if the property is
concealed in a building or enclosure, and if be not
delivered, cause the building or enclosure to be broken
open and take the property into his possession;
REQUISITES (4) After taking possession, keep the property in a secure
place and shall be responsible for its delivery to the party
entitled thereto.
(a) That the applicant is the owner of the property claimed;
(b) That the property is wrongfully detained by the
adverse party;
(c) That the property has not been distrained or taken for a WHEN PROPERTY IS CLAIMED BY THIRD PARTY
tax assessment or a fine pursuant to law, or seized
under a writ of execution or preliminary attachment, or
otherwise placed under custodia legis, or if so seized, (1) Third party shall file and serve affidavit upon sheriff and
that it is exempt from such seizure or custody; (Sec. 2, applicant stating his entitlement to possession and shall
Rule 60) and serve the affidavit upon the sheriff while the latter has
(d) Primary purpose is to allow the plaintiff to retain the possession of the property;
thing during the pendency of the action and to hold it (2) Sheriff shall return the property to third person unless
pendente lite. (Rivera v. Vargas, G.R. No. 165895 applicant files a bond (same amount as the value of the
property) approved by court to indemnify the third
person;
(3) Claim for damages upon said bond must be filed within
AFFIDAVIT AND BOND 120 days from date of filing of the bond.
Procedure for the application for Replevin: Note: When the bond is filed, the sheriff shall not be liable
(1) File an APPLICATION at the commencement of the for damages for the taking or keeping of such property.
action or at any time before defendant answers. The party-claimant is not precluded from vindicating his
(2) Application must contain an AFFIDAVIT claim and may maintain an action and seek injunctive relief
against the sheriff. The applicant is likewise not precluded
The affidavit must show that from claiming damages against the third party who filed a
frivolous or spurious claim in the same or separate action,
(1) Applicant is the owner of the property claimed (Sec. 7, Rule 60).
particularly describing it, or is entitled to the possession
thereof;
(2) Property is wrongfully detained by the adverse party;
(3) Property has not been taken for tax assessment or a fine
pursuant to law, or seized under a writ of execution or
under custodia legis; and
(4) Actual market value of the property.
Applicant must give a BOND, executed to the adverse party

and double the value of the property. (Sec. 2, Rule 60)

Remedial Law
FLOWCHART OF CIVIL PROCEDURE
Filing of
Filing of Supplemental
Complain Pleadings
t (Optional)
Docketing
and
Raffling
Service of
Summons
Defendant Plaintiff files Motion for Modes of

Motion for Plaintiff files
files a a Notice of Bill of Discovery
Extension of an
Motion to Dismissal Particulars time to file Amendment
Dismiss pleadings as a matter of
(Optional) right
Hearing
Amend Grant Deny Defendant files

an Answer

Remedial Law
Service of Summons
Defendant does not file Defendant files

an Answer an Answer
Judgment (Optional Filing of

Summary
Judgment by Default Motion to Lift on the Plaintiff files Supplement
Judgment
Order of Default Pleadings a Reply al Pleadings
Pre-Trial
Failure to Appear Amicable

Trial Settlement
Court renders decision
Plaintiff fails to appear Defendant fails to

appear
Court dismisses the case Court may hear evidence

with prejudice ex parte
Remedial Law
Trial
Plaintiff
presents
evidence
Defendant Defendant
files adduces evidence
Demurrer to
Third-
party/fourth-party
defendant adduces
Grant Deny evidence, if any
Judgment
Within 15 No appeal
days from within 15 days
receipt of from receipt of
judgment judgment
Motion Motion for Appeal

Reconsider Petition for Annulmen
for New Petition for
ation Relief from t of
Trial Certiorari
judgment Judgment
Remedial Law
GENERAL MATTERS
NATURE OF SPECIAL CIVIL ACTIONS
Special civil actions are basically ordinary civil proceedings;

what makes them special are the distinct peculiarities
inherent in their very nature not found in ordinary civil
actions.
The Supreme Court observed that partition of real estate , quo

warranto, certiorari, prohibition and mandamus,
expropriation and foreclosure of mortgage are actions in
themselves, but possessing special matters that required
special procedures. For this reason, these proceedings are
classified as special civil actions. (De Fiesta vs. Llorente, 25 Phil.
544)
ORDINARY CIVIL ACTIONS VERSUS SPECIAL CIVIL

ACTIONS
ORDINARY CIVIL SPECIAL CIVIL ACTIONS

ACTIONS
A party sues another for the A civil action subject to
enforcement or protection of specific or special rules
SPECIAL CIVIL a right or the prevention or
redress of a wrong
ACTIONS Governed by the rules for

ordinary civil actions
Ordinary rules apply
primarily but subject to the
specific rules
Involves two or more Involves two or more
parties parties
Initiated by a complaint Some are initiated by a
complaint; some by petition
Based on a cause of action Some special civil actions
have no cause of action
SPECIAL CIVIL ACTIONS AND HOW INITIATED
SPECIAL CIVIL SPECIAL CIVIL

ACTIONS INITIATED ACTIONS INITIATED
BY FILING OF A BY FILING OF A
PETITION COMPLAINT
1. Declaratory relief other 1. Interpleader;

than similar remedies;
2. Expropriation;
2. Review of adjudication
of the COMELEC and 3. Foreclosure of real estate
COA; mortgage;
3. Certiorari, prohibition 4. Partition; and

and mandamus;
5. Forcible entry and
4. Quo warranto; and unlawful detainer.

Remedial Law
will depend upon

5. Contempt the assessed value
of the property.
Certiorari, RTC of the place RTC, CA, SC,

Prohibition where the Sandiganbayan in
and respondent is aid of its appellate
JURISDICTION AND VENUE Mandamus situated jurisdiction
-if filed with the
Sandiganbayan,
VENUE JURISDICTION location of the
Interpleader Plaintiff’s or MTC – value of respondent is
Defendant’s claim or personal immaterial
Residence property does not
exceed P300K Quo RTC of the place RTC, CA, SC
outside Metro Warranto where the
Manila or respondent or QUO
MeTC – does not any of the WARRANTO
exceed P400K in respondents UNDER RULE 66
Metro Manila; resides Sandiganbayan
has exclusive
MTC - if real -if filed with the orgiginal
property: does not CA, SC or jurisdiction on
exceed P20K and Sandiganbayan, quo warranto
the case is filed location of arising or that
outside Metro respondent is may arise in cases
Manila immaterial filed under EO
MeTC – does not No. 1,2,14,14-A
exceed P50K in -if SolGen but this must be in
Metro Manila commenced the aid of its appellate
action, it should jurisdiction and
RTC – if the value be with the not exclusive of
exceeds the RTC-Manila or the SC
amounts above or CA, or SC or
if exclusively Sandiganbayan QUO
within RTC’s WARRANTO
jurisdiction i.e. Sandiganbayan UNDR THE
incapable of has exclusive OMNIBUS
pecuniary original ELECTION CODE
estimation jurisdiction on Comelec, RTC OR
quo warranto MTC as the case
Declaratory Petitioner’s or GR: RTC, because cases filed by may be
Relief Respondent’s it is incapable of the PCGG
Residence pecuniary Location of the RTC – incapable
estimation. Expropriation real property or of pecuniary
a portion estimation
XPN: If the thereof;
petition has far- If personal
reaching property,
implications and it plaintiff’s or
raises questions defendant’s
that should be residence
resolved, it may Location of Real RTC – incapable
be treated as one Foreclosure Property or a of pecuniary
for prohibition or of Real Estate portion thereof estimation
for mandamus, Mortgage
which the SC and MTC OR RTC- an
CA may take action to forclose a
cognizance rem may also be
considered an
NOTE: Where the action involving
action is one for interest in real
quieting of titile property. under
the jurisdiction B.P. 129, as

Remedial Law
amended, where Unlawful

the action is one Detainer
“involving title to,
or possession of, Contempt Where the court MTC, RTC, CA or
real property or involved is SC
any interest sitting
therein,
jurisdiction
depends on the
assessed value
(MTC: not more
than 20k or in
Metro Manila not
INTERPLEADER (RULE 62)
more that 50K;
mortgage debt not
more than 300k or
in Metro Manila
not more than PURPOSE AND ESSENCE
400k, othwerwise
the action shall be
A special civil action whereby a person who has property in
filed in RTC
his possession or an obligation to render, wholly or partially,
(Riano/ Feria and
without claiming any right therein, or an interest, which in
Noche 2007)
whole or in part is not disputed by the claimants, comes to
court and asks that the person who consider themselves
Partition Location of Real RTC – incapable entitled to demand compliance with the obligation be
Property or a of pecuniary required to litigate among themselves in order to determine
portion thereof estimation finally who is entitled to the same. (Alvarez v. Commonwealth,
(IF SEVERAL 65 Phil 302)
DISCTINCT However, an The remedy is afforded not to protect a person against double
PARCELS OF action for partition liability but to protect him against double vexation in respect
LAND ARE IN of real property of one’s liability. (Beltran v. People’s Homesite, G.R. No L-
DIFF also involves 25138, August 28, 1969)
PROVINCES, “interest in real
VENUE MAY property.” All The purpose of Interpleader is to compel conflicting claimants
BE IN RTC OF civil actions to interplead and litigate their several claims among
ANY OF SAID involving title to, themselves
PROVINCES); If or possession of,
personal real property or
property, any interest
plaintiff’s or therein, the REQUISITES FOR INTERPLEADER
defendant’s jurisdction
residence depend on the
assessed value. 1. The plaintiff claims no interest in the subject matter, or if
(Sec 19(2) of BP 129 he has an interest, his claim is not disputed;
as amended) 2. There must be at least 2 or more conflicting claimants;
3. The conflicting claims are made against the same person
(plaintiff);
MTC – personal 4. The subject matter must be one and the same (and
property not more derived from the same source).
than 300K and in
Metro Manila not
more than 400K;
real property not WHEN TO FILE
more than 20K
and in metro
manila not more Whenever conflicting claims upon the same subject matter are
than 50K. beyond or may be made against a person who claims no interest
these, RTC. (Feria whatever in the subject matter, or an interest which in whole
cited by Riano) or in part is not disputed by the claimants, he may bring an
action against the conflicting claimants to compel them to
interplead and litigate their several claims among themselves
(Sec. 1)
Forcible Location of the MTC
Entry and Property GENERAL RULE: Within a reasonable time. An action for
interpleader should be filed within a reasonable time after a
dispute has arisen without waiting to be sued by either of the

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contending parties. Otherwise, it may be barred by laches. NATURE

(Wack Wack Golf & Country Club v. Lee Won, G.R. No. L-
23851(1976)
An action for declaratory relief is brought to secure an
EXCEPTION: Where the stakeholder acts with reasonable authoritative statement of the rights and obligations of the
diligence in view of environmental circumstances, the parties under a contract or a statute for their guidance in the
remedy is not barred. (Wack Wack Golf & Country Club v. Lee enforcement or compliance with the same (Meralco vs.
Won, G.R. No. L-23851(1976) Philippine Consumers Foundation, 374 SCRA 262)
INTERPLEADER VIS-À-VIS INTERVENTION UNDER

RULE 19
PURPOSE
INTERPLEADER INTERVENTION
UNDER RULE 19 The purpose is to seek for a judicial interpretation of an
A Special Civil Action, Not an original action but instrument or for a judicial declaration of a person‘s rights
independent and original merely ancillary and under a statute and not to ask for affirmative reliefs like
depends upon the injunction, damages or any other relief beyond the purpose of
existence of a pending the petition as declared under the Rules.
action
Commenced by filing a Commenced by a motion
complaint for leave to intervene filed
in a pending case with the SUBJECT MATTER OF DECLARATORY RELIEF
attached pleading-in-
intervention
Filed by a person who has Filed by a person who has The subject matter in a petition for declaratory relief is any of
no interest in the subject a legal interest in the: the following:
matter of action or if he subject matter of the a) Deed;
has interest, the same is litigation, the success of b) Will;
not disputed by the either parties, an interest c) Contract or other written instrument;
claimants against both, or may be d) Statute;
adversely affected by the e) Executive order or regulation;
disposition or distribution f) Ordinance; or
of property in the custody g) Any other governmental regulation
of the court or of an officer
thereof The list is exclusive (Lerum v. Cruz, 87 Phil. 652, 657)
The defendants are The defendants are already Note: Declaratory relief is not proper in following cases:
brought into the action parties to an existing suit a) Citizenship
because they are sued and b) Abstract, hypothetical question
impleaded in the c) Hereditary rights
complaint d) Based on contingent event
e) No administrative remedy has been exhausted
IMPROPRIETY OF INTERPLEADER AS REMEDY f) Pretends to be declaratory relief
g) Third-party complaint
It is believed that where the allegations of the complaint do
not show conflicting claims between or among the persons
required to interplead, the complaint for interpleader is
subject to dismissal on the ground of impropriety of the
interpleader, not a failure to state a cause of action under Rule WHO MAY FILE THE ACTION
16 because the meaning of a cause of action in ordinary civil
actions cannot apply to an interpleader. Besides, for an (1) Any person interested under a deed, will, contract or other
interpleader to be proper such conflicting claims must exist written instrument or whose rights are affected by a statute,
(Sec. 1, Rule 62, Rules of Court). Conversely, there is executive order or regulation, ordinance or other
impropriety where no such adverse claims can be found from governmental regulation may before breach or violation
the reading of the complaint. (Riano) thereof, bring an action in the RTC to determine any question
of construction or validity arising and for a declaration of his
rights or duties, thereunder (Sec. 1).
DECLARATORY RELIEF AND SIMILAR (2) Those who may sue under the contract should be those
REMEDIES (RULE 63) with interest under the contract like the parties, the
assignees and the heirs as required by substantive law (Art.
1311, Civil Code).
(3) If it be a statute, executive order, regulation or ordinance,

the petitioner is one whose rights are affected by the same
(Sec. 1, Rule 63). The other parties are all persons who have or

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claim any interest which would be affected by the declaration. WHEN MAY THE COURT REFUSE TO MAKE JUDICIAL
The rights of person not made parties to the action do not DECLARATION
stand to be prejudiced by the declaration (Sec. 2).
Grounds for the court to refuse to exercise declaratory relief;
a) A decision would not terminate the uncertainty or
controversy which gave rise to the action; or
OTHER PARTIES b) The declaration or construction is not necessary and
proper under the circumstances as when the instrument
or the statute has already been breached (Sec. 5).
1. All persons who have or claim any interest which
would be affected by the declaration shall be made In declaratory relief, the court is given the discretion to act or
parties; and no declaration shall, except as otherwise not to act on the petition. It may therefore choose not to
provided in the Rules, prejudice the rights of persons not construe the instrument sought to be construed or could
parties to the action. (Sec 2, Rule 63). refrain from declaring the rights of the petitioner under the
2. deed or the law. A refusal of the court to declare rights or
In any action which involves the validity of a statute, construe an instrument is actually the functional equivalent
executive order or regulation, or any other of the dismissal of the petition.
governmental regulation, the Solicitor General shall be
notified by the party assailing the same and shall be
entitled to be heard upon such question. (Sec 3, Rule 63).
3. CONVERSION TO ORDINARY ACTION
In any action involving the validity of a local
government ordinance, the corresponding prosecutor or
attorney of the local governmental unit involved shall be If before final termination of the case, a breach should take
similarly notified and entitled to be heard. If such place, the action may be converted into ordinary action to
ordinance is alleged to be unconstitutional, the Solicitor avoid multiplicity of suits (Republic vs. Orbecido, G.R. No.
General shall also be notified and entitled to be 154380, Oct. 5, 2005).
heard. (Sec 4, Rule 63).
SPECIAL ISSUE ON DECLARATORY RELIEF

REQUISITES OF AN ACTION FOR DECLARATORY
RELIEF
The only issue that may be raised in such a petition is the
question of construction or validity of provisions in an
(1) The subject matter must be a deed, will, contract or other instrument or statute. (Province of Camarines Sur v. Court of
written instrument, statute, executive order or Appeals, 600 SCRA 569)
regulation or ordinance;
(2) The terms of said document or the validity thereof are
doubtful and require judicial construction;
(3) There must have been no breach of said document; PROCEEDINGS CONSIDERED AS SIMILAR REMEDIES
(4) There must be actual justiciable controversy or the
ripening seeds of one( there is threatened litigation the
immediate future); there must be allegation of any
threatened, imminent and inevitable violation of Reformation Of An Instrument
petitioner‘s right sought to be prevented by the
declaratory relief sought;
(5) The controversy is between persons whose interests are It is not an action brought to reform a contract but to reform
adverse; the instrument evidencing the contract. It presupposes that
(6) The issue must be ripe for judicial determination e.g. there is nothing wrong with the contract itself because there
administrative remedies already exhausted; is a meeting of minds between the parties. The contract is to
(7) The party seeking the relief has legal interest in the be reformed because despite the meeting of minds of the
controversy; and parties as to the object and cause of the contract, the
(8) Adequate relief is not available thru other means. instrument which is supposed to embody the agreement of
the parties does not reflect their true agreement by reason of
Stated otherwise, the requisites are: mistake, inequitable conduct or accident. The action is
(a) There must be a justiciable controversy; brought so the true intention of the parties may be expressed
(b) The controversy must be between persons whose in the instrument (Art. 1359, CC).
interests are adverse;
(c) The party seeking the relief must have legal interest in Where the consent of a party to a contract has been procured
the controversy; and by fraud, inequitable conduct or accident, and an instrument
(d) The issue is ripe for judicial determination (Republic vs. was executed by the parties in accordance with the contract,
Orbecido III, 472 SCRA 114). what is defective is the contract itself because of vitiation of
consent. The remedy is not to bring an action for reformation
of the instrument but to file an action for annulment of the
contract (Art. 1359, CC).

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REVIEW OF JUDGMENTS AND FINAL

Reformation of the instrument cannot be brought to reform
any of the following: ORDERS OR RESOLUTIONS OF THE
a) Simple donation inter vivos wherein no condition is COMELEC AND COA (RULE 64)
imposed;
b) Wills; or
c) When the agreement is void (Art. 1666, CC).
APPLICATION OF RULE 65 UNDER RULE 64
Consolidation Of Ownership
Sec. 7, Art. IX-A of the Constitution reads, ― "unless otherwise
provided by the Constitution or by law, any decision, order or ruling
The concept of consolidation of ownership under Art. 1607, of each commission may be brought to the Supreme Court on
Civil Code, has its origin in the substantive provisions of the certiorari by the aggrieved party within 30 days from receipt of a
law on sales. Under the law, a contract of sale may be copy thereof." The provision was interpreted by the Supreme
extinguished either by legal redemption (Art. 1619) or Court to refer to certiorari under Rule 65 and not appeal by
conventional redemption (Art. 1601). certiorari under Rule 45 (Aratuc vs. COMELEC, 88 SCRA 251;
Dario vs. Mison, 176 SCRA 84).
When the redemption is not made within the period agreed
upon, in case the subject matter of the sale is a real property, A party aggrieved by the judgment, final orders or resolution
Art. 1607 provides that the consolidation of ownership in the of the Commission on Elections and Commission on Audit
vendee shall not be recorded in the Registry of Property may file a petition for certiorari under Rule 65 with the
without a judicial order, after the vendor has been duly heard. Supreme Court (Sec. 2, Rule 64, Rules of Court)
The action brought to consolidate ownership is not for the If the mode review is petition for certiorari under Rule 65,
purpose of consolidating the ownership of the property in the then this means that the judgments or final orders of the
person of the vendee or buyer but for the registration of the constitutional commissions referred to in Rue 64 are not
property. The lapse of the redemption period without the reviewable by appeal. Under Rule 65, certiorari is available
seller a retro exercising his right of redemption, consolidates only when there is no appeal, nor any other plain, speedy or
ownership or title upon the person of the vendee by operation adequate remedy in the ordinary course of law. (Riano, 2016)
of law. Art. 1607 requires the filing of the petition to
consolidate ownership because the law precludes the
registration of the consolidated title without judicial order
(Cruz vs. Leis, 327 SCRA 570). DISTINCTION IN THE APPLICATION OF RULE 65 TO
JUDGMENTS OF THE COMELEC AND COA AND THE
APPLICATION OF RULE 65 TO OTHER TRIBUNALS,
Quieting Of Title To Real Property PERSONS, AND OFFICERS
This action is brought to remove a cloud on title to real Rule 64 Rule 65

property or any interest therein. The action contemplates a
situation where the instrument or a record is apparently valid Directed only to the Directed to any tribunal,
or effective but is in truth and in fact invalid, ineffective, judgments, final orders or board or officers exercising
voidable or unenforceable, and may be prejudicial to said title resolutions of the judicial or quasi-judicial
to real property. This action is then brought to remove a cloud COMELEC and COA; functions;
on title to real property or any interest therein. It may also be
brought as a preventive remedy to prevent a cloud from being Filed within 30 days from Filed within 60 days from
cast upon title to real property or any interest therein (Art. notice of the judgment; notice of the judgment;
476, Civil Code).
The filing of a motion for The period within which to
For an action to quiet title to prosper, two (2) indispensable reconsideration or a filed the petition if the
requisites must concur, namely: motion for new trial if motion for reconsideration
allowed, interrupts the or new trial is denied, is
1. the plaintiff or complainant has a legal or an equitable period for the filing of the another 60 days from
title to or interest in the real property subject of action, petition for certiorari. notice of the
and If the motion is denied, the denial of the motion.
aggrieved party may file
2. the deed, claim, encumbrance or proceeding claimed to the petition within the
be casting cloud on his title must be shown to be in fact remaining period, but
invalid or inoperative despite its prima facie appearance which shall not be less
of validity or legal efficacy. than 5 days reckoned from
the notice of denial.

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CERTIORARI, PROHIBITION, AND judicial, quasi-

judicial or
MANDAMUS (RULE 65) ministerial
functions
Wha 1. The entity 1. The entity 1. The entity –
t acted – acted- a. Unlawfully
DEFINITIONS must a. Without a. Without neglected a
be jurisdiction; jurisdiction; ministerial
alleg b. In excess of b. In excess of duty; or
ed jurisdiction; or jurisdiction; or b. Unlawfully
CERTIORARI c. With c. With excluded
GADALEJ GADALEJ another from
A writ issued from the Supreme Court to any inferior court, the use and
board, officer exercising judicial or quasi-judicial functions 2. There is no 2. There is no enjoyment of a
whereby the records of a particular case is ordered to be appeal or any appeal or any right or office
elevated up for review and correction in matters of law. other plain, other plain, to which one is
speedy, and speedy, and entitled
It is a prerogative writ and issued in the exercise of judicial adequate adequate
discretion. There must be a showing of capricious, arbitrary remedy in the remedy in the 2. There is no
and whimsical exercise of power for it to prosper ordinary course ordinary course appeal or any
of law of law other plain,
speedy, and
adequate
PROHIBITION remedy in the
A writ by which a superior court prevents the inferior courts, ordinary
a corporation, board or persons, from usurping or exercising course of law
a jurisdiction or a power with which they have not been Purp To annul or To compel the To prevent an
vested by the law.(Matuguina Integrated vs CA) ose modify the performance of encroachment,
judgment, a ministerial excess,
A legal remedy that prevents the unlawful and oppressive order, and legal duty usurpation or
exercise of legal authority and provides for a fair and orderly resolution, or assumption of
administration of justice. It is directed against the proceedings proceedings of jurisdiction
that are done without or in excess of jurisdiction, or with the tribunal,
grave abuse of discretion, there being no appeal or other board or officer
plain, speedy and adequate remedy in the ordinary course of
law. (Vergara vsRugue)
CERTIORARI UNDER RULE 65 AND APPEAL BY

MANDAMUS CERTIORARI UNDER RULE 45, DISTINGUISHED
A writ issued in the name of the State, to an inferior court,
PETITION FOR APPEAL BY CERTIORARI
tribunal, corporation, board, officer, or person, commanding
CERTIORARI UNDER UNDER RULE 45
the performance of an act which the law enjoins as a duty
RULE 65
resulting from an office, trust or station.
Special Civil Action Mode of Appeal
It is employed to compel the performance, when refused, of a (Original Action)
ministerial duty. It does not compel the performance of a Subject is interlocutory Subject is Final Judgment
contractual obligation or to compel a course of conduct nor to order or those in Rule 41,
control or review the exercise of discretion. Section 1
Question of Jurisdiction Question of Law
Filed within 60 days after Filed within 15 days after notice
notice of judgment of judgment
CERTIORARI, PROHIBITION, AND MANDAMUS, Filing of Motion for No Motion for Reconsideration
DISTINGUISHED Reconsideration required required
Does not stay judgment Stays judgment
CERTIORARI PROHIBITIO MANDAMU Party is the court, tribunal Original parties
N S or officer
To May be directed May be directed May be May be filed in the RTC, Filed in the Supreme Court
who against any against any directed CA or SC
m tribunal, board tribunal, against any
direc or officer corporation, tribunal,
ted exercising board, officer or corporation,
agai judicial or person, board, officer
nst quasi-judicial whether or person
functions exercising

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PROHIBITION AND MANDAMUS, AND INJUNCTION, 5. To avoid future litigation (St. Peter Memorial Park vs
DISTINGUISHED Campos, Jr., 1975)
6. To avoid a miscarriage of justice (EscuderovsDulay,
PROHIBITION and INJUNCTION 1988)
MANDAMUS 7. In furtherance of broader interest of justice and equities
Strikes at once to the Usually recognizes the (MarahayvsMelicor, 1990)
jurisdiction of the court jurisdiction of the court
before which the
proceeding is pending
Directed to the court itself Directed only to the PROHIBITION REQUISITES
or the entity which parties-litigants, without
exercised the discretionary any manner interfering
1. There is a controversy;
in act, in case of a with the court
2. Respondent is exercising judicial, quasi-judicial or
mandamus
ministerial functions;
3. Respondent acted without or in excess of jurisdiction or
acted with grave abuse of discretion amounting to lack
of jurisdiction; and
REQUISITES OF CERTIORARI 4. There must be no appeal, or other plain, speedy and
adequate remedy
1. There must be a controversy.

2. The tribunal, board or officer against whom the
controversy is brought exercises judicial or quasi- MANDAMUS REQUISITES
judicial functions.
3. The tribunal, board or officer has acted without
1. There must be a clear legal right and duty
jurisdiction, or in excess of its jurisdiction, or with grave
2. The act to be performed must be practical - within the
abuse of discretion amounting to lack or excess of
powers of the respondent to perform such that if the writ
jurisdiction
of mandamus was issued, he can comply with it, or else
4. There is no appeal, nor any plain, speedy, and adequate
the essence will be defeated
remedy in the ordinary course of law.
3. Respondent must be exercising a ministerial duty – a
duty which is absolute and imperative and involves
merely its execution
GENERAL RULE: Filing of motion for reconsideration is
4. The duty or act to be performed must be existing – a
required before filing for certiorari.
correlative right will be denied if not performed by the
respondents; and
EXCEPTIONS
5. There is no other plain, speedy and adequate remedy in
1. When the case involves matters of extreme urgency
the ordinary course of law. preliminary injunction must
(MatutinavsBuslon, August 24, 1960)
be sought. (De Castro v. Judicial and Bar Council, 2010)
2. When the order or judgment complained of is a patent
nullity (Luzon Surety vsMaribella, September 30, 1960)
3. When the question had been properly raised, argued
MINISTERIAL DUTY – One which an officer or tribunal
and submitted to the respondent court and passed
performs in a given state of facts, in a prescribed manner, in
upon by it (Fernandez vsCaluag, December 20, 1961)
obedience to the mandate of a legal authority, without regard
4. In the interest of justice and public welfare and
to or the exercise of his own judgment upon the propriety or
advancement of public policy (Jose vsZulueta)
impropriety of the act done (Roble Arrastre, Inc. v. Villaflor
5. Order was issued without or in excess of jurisdiction
2006)
(Philippine Consumers Foundation vs NTC, 1983)
6. When relief is extremely urgent, there is no more need
to wait for the resolution of motion for reconsideration
(Vda. De Saymanvs CA, 1983)
7. When the question raised is purely of law (Central Bank WHEN PETITION FOR CERTIORARI, PROHIBITION AND
vsCloribel, 1972)
MANDAMUS PROPER
When there is no other plain, speedy, or adequate remedy in

WHEN MAY CERTIORARI PROSPER
the ordinary course of law.
1. Appeal is not a speedy and adequate remedy

(SaludesvsPajarillo, 1947)
WHEN PETITION FOR CERTIORARI IS PROPER
2. Order is issued without or in excess of jurisdiction
(PNB vs Florendo, 1992)
3. In consideration of public welfare and for the Only to correct errors of jurisdiction, not errors of judgment.
advancement of public policy (Jose vsZulueta, 1961)
4. Order is a patent nullity (Marcelo vs De Guzman, 1982)

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Questions of fact cannot be raised in an original action for EXCEPTIONS TO FILING A MOTION FOR
certiorari. Only established or admitted facts may be
considered. (Suarez v. NLRC, 1998)
RECONSIDERATION BEFORE FILING PETITION A
PETITION FOR CERTIORARI, PROHIBITION, AND
MANDAMUS
WHEN PETITION FOR PROHIBITION IS PROPER
GENERAL RULE:A motion for reconsideration is an essential

Prohibition is a preventive remedy. However, to prevent the precondition for the filing of a petition for certiorari,
respondent from performing the act sought to be prevented prohibition or mandamus. It is a plain, speedy and adequate
during the pendency of the proceedings for the writ, the remedy. This is to enable the lower court, in the first instance,
petitioner should obtain a restraining order and/or writ of to pass upon and correct its mistakes without the intervention
preliminary injunction. (REGALADO) of the higher court.
The office of prohibition is not to correct errors of judgment EXCEPTIONS:

but to prevent or restrain usurpation by inferior tribunals and 1. When the issue is one purely of law;
to compel them to observe the limitation of their jurisdictions. 2. When there is urgency to decide upon the question and
(HERRERA) any further delay would prejudice the interests of the
government or of the petitioner;
3. Where the subject matter of the action is perishable;
4. When order is a patent nullity, as where the court a quo
WHEN PETITION FOR MANDAMUS PROPER has no jurisdiction or there was no due process;
5. When questions have been duly raised and passed upon
by the lower court;
The purpose of mandamus is to compel the performance,
6. When there is urgent necessity for the resolution of the
when refused, of a ministerial duty, this being its main
question;
objective.
7. When Motion for Reconsideration would be useless, e.g.
the court already indicated it would deny any Motion for
A writ of mandamus will not issue to control the exercise of
Reconsideration;
official discretion or judgment, or to alter or review the action
8. In a criminal case, where relief from order of arrest is
taken in the proper exercise of the discretion of judgment, for
urgent and the granting of such relief by the trial court is
the writ cannot be used as a writ of error or other mode of
improbable;
direct review.
9. Where the proceeding was ex parte or in which the
petitioner had no opportunity to object;
However, in extreme situations generally in criminal cases,
10. When petitioner is deprived of due process and there is
mandamus lies to compel the performance of the fiscal of
extreme urgency for urgent relief; and
discretionary functions where his actuations are tantamount
11. When issue raised is one purely of law or public interest
to a wilful refusal to perform a required duty. (REGALADO)
is involved
INJUNCTIVE RELIEF
REFLIEFS PETITIONER IS ENTITLED TO
GENERAL RULE: The mere elevation of an interlocutory

1. Injunctive relief – Court may issue orders expediting the
matter through a petition for certiorari does not by itself merit
proceedings, and it may also grant a temporary
a suspension of the proceedings before a public respondent,
restraining order or a writ of preliminary injunction for
applying Sec. 7, Rule 65. The public respondent shall proceed
the preservation of the rights of the parties (Sec. 7, Rule
with the principal case WITHIN 10 DAYS from filing of the
65)
petition for certiorari with the higher court, absent a TRO or
2. Incidental reliefs as law and justice may require (Secs. 1-
preliminary injunction, or upon its expiration. Failure may be
2, Rule 65)
a ground for an administrative charge (AM No. 07-7-12- SC)
3. Other reliefs prayed for or to which the petitioner is
entitled (Sec. 8, Rule 65)
EXCEPTIONS:
1. When a writ of preliminary injunction or TRO is issued:
The burden is on petitioner to show that there are
meritorious grounds, i.e. there is an urgent necessity in
order to prevent serious damage; or ACTIONS/OMISSIONS OF MTC/RTC IN ELECTION
2. Judicial courtesy: Even if there is no injunction issued,
CASES
lower court should defer to higher court where there is
a strong probability that the issues before the higher
court would be rendered “moot and moribund as a In election cases involving an act or an omission of a
result of the continuation of the proceedings in the” municipal or regional trial court, the petition [for certiorari,
court of origin. (Republic v.Sandiganbayan, 2006) prohibition, or mandamus] shall be filed EXCLUSIVELY with
the Commission on Elections, in aid of its appellate

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jurisdiction [Sec. 4, par. 3, Rule 65 as amended by AM No. 07- It is a demand made by the State upon some individual or
7-12-SC (2007)] association to show what right they exercise some franchise
or privilege appertaining to the State, which according to the
Constitution and laws of the land, they cannot legally exercise
by virtue of the grant and authority of the State. (44 Am. Jur
WHEN AND WHERE TO FILE PETITION 88-89)
It is a prerogative writ by which the government can call upon

PETITION AND CONTENTS any person to show by what warrant he holds a public office
1. A verified petition is filed in the proper court which shall or exercise a public franchise. (3 Moran 208 [1970])
be accompanied by:
a. A certified true copy of the judgment, order, or Allegations in quo warranto that certain persons usurped the
resolution subject thereof offices, powers and functions of duly elected members of the
b. Copies of all pleadings and documents relevant board, trustees and/or officers make out a case for an intra-
and pertinent to the case corporate controversy. Such falls under the jurisdiction of the
c. Sworn certification of non-forum shopping SEC and is governed by its rules. (Calleja vs. Panday, 2006)
2. Contents of the petition
a. Allegation of facts with certainty It may be dismissed at any stage when it becomes apparent
3. Prayer that the plaintiff is not entitled to the disputed public office,
a. For certiorari: That judgment be rendered annulling position or franchise. Courts are not compelled to still
or modifying the proceedings of such tribunal, proceed when it is obvious that the petition is insufficient.
board or officer, and granting such incidental (Feliciano vsVillasin, 2008)
reliefs as law and justice may require
b. For prohibition: That judgment be rendered
commanding the respondent to desist from further
proceedings in the action or matter specified QUO WARRANTO UNDER RULE 66 AND QUO
therein, or otherwise granting such incidental WARRANTO UNDER THE OMNIBUS ELECTION CODE,
reliefs as law and justice may require.
DISTINGUISHED
c. For mandamus: That judgment be rendered
commanding the respondent, immediately or at QUO WARRANTO QUO WARRANTO
some other time to be specified by the court, to do (Rule 66) (OEC Sec. 25)
the act required to be done to protect the rights of Filed by 1. Solicitor Any voter
the petitioner, and to pay the damages sustained by
whom General or
the petitioner by reason of the wrongful acts of the Public
respondent. Prosecutor (a) In
behalf of the
GENERAL RULE: The petition shall be filed not later than 60 Republic or (b)
days from notice of the judgment, order, or resolution. In case
upon the
a motion for reconsideration or new trial is timely filed, request or
whether such motion is required or not, the petition shall be relation of
filed not later than 60 days counted from the notice of the another person.
denial of the motion. The 60 day period is non-extendible. 2. Individual
claiming to be
EXCEPTIONS: The court may grant extension which in no
entitled to a
case shall exceed 15 days for compelling grounds public office or
position
usurped or
unlawfully held
or exercised by
EFFECTS OF FILING AN UNMERITORIOUS PETITION
another.
Venue 1. If commenced 1. If filed against
The filing of an unmeritorious petitions have an effect of by Solicitor election of a
dismissal by the court. Disciplinary sanctions may also be General: RTC Member of
imposed for patently dilatory and unmeritorious petitions. Manila, CA or Congress,
SC; Regional,
2. Otherwise: RTC Provincial or
with City Officer;
jurisdiction over 2. If against a
QUO WARRANTO (RULE 66) the area where municipal or
respondent barangay officer:
resides, CA or appropriate
SC RTC or MTC,
QUO WARRANTO DEFINED respectively.

Remedial Law
Period Within 1 year from Within 10 days after 2. Discretionary: When to commence:
of Filing ouster or from the proclamation of a. Upon permission of the court; AND
time the right to the results; b. At the request and upon the relation of another
position arose; person, provided that the officer bringing it may
Grounds 1. A person, who 1. Ineligibility first require an indemnity for the expenses and
usurps, 2. Disloyalty to costs of the action in an amount approved by and
intrudes into or the Republic to be deposited in the court by the person at whose
unlawfully request and upon whose relation the same is
holds or brought
exercise a
public office,
position or
franchise;
2. A public WHEN INDIVIDUAL MAY COMMENCE AN ACTION
officer, who
does or suffers
A person claiming to be entitled to a public office or position
an act which,
usurped or unlawfully held or exercised by another may
by provision of
bring an action therefor in his own name.
law, constitutes
a ground for
forfeiture of
office. QUO WARRANTO FILED BY A PRIVATE INDIVIDUAL
Effect The Court will oust The occupant who
AND FILED BY THE SOLICITOR GENERAL,
the person illegally was declared
appointed and will ineligible or disloyal DISTINGUISHED
order the seating will be unseated but
ACTION BY PRIVATE ACTION BY SOLICITOR
person who was the petitioner may be
INDIVIDUAL GENERAL OR PUBLIC
legally appointed declared the rightful
PROSECUTOR (IN THE
and entitled to the occupant of the office
NAME OF THE
office. if the respondent is
REPUBLIC)
disqualified and the
Necessary for the petitioner Not necessary that there be
petitioner who
to prove his right to the a person claiming to be
received the second
office in dispute; otherwise entitled to the office alleged
number of votes.
the court shall not pass on to have been usurped; thus
(Maquiling v.
the right of the defendant the duty of the court is to
COMELEC)
in office. pass upon the right of the
defendant only
Burden is on the petitioner No presumption exists in
to show his entitlement to favor of defendant;
WHEN GOVERNMENT COMMENCE AN ACTION the office; presumption Solicitor General does not
exists in favor of defendant prove entitlement to office
AGAINST INDIVIDUALS
An action for the usurpation of a public office, position or

franchise may be commenced by a verified petition brought
in the name of the Republic of the Philippines through the PARTIES AND CONTENTS OF THE PETITION
Solicitor General or public prosecutor.
All persons who claim to be entitled to the public office,
1. Compulsory: When to commence:
position or franchise may be made parties, and their
a. When directed by the President; OR
respective rights to such public office, position or franchise
b. When upon complaint or otherwise he has good
determined, in the same action.
reason to believe that any of the following cases can
be established by proof:
The petition shall set forth:
a. A person who usurps, intrudes into, or
1. The name of the person who claims to be entitled
unlawfully holds or exercises a public
thereto, if any; and
office, position or franchise;
2. An averment of his right to the same and that the
b. A public officer who does or suffers an
respondent is unlawfully in possession thereof.
act which, by the provision of law,
constitutes a ground for the forfeiture of
his office; or
c. An association which acts as a
corporation within the Philippines VENUE
without being legally incorporated or
without lawful authority so to act.

Remedial Law
Courts where plaintiff may file quo warranto: LIMITATIONS

1. Supreme Court (Section 5 [1], Article VIII, 1987
Constitution
2. Court of Appeals (Sec. 9 [1], BP 129) An action for quo warranto can be filed against the alleged
3. RTC exercising jurisdiction over the territorial area usurper not later than 1 year from date of usurpation.
where the respondent resides (Sec 21 [1], BP 129)
4. Sandiganbayan(RA 8429 in cases which are
relevant to its jurisdiction)
5. COMELEC (over quo warranto cases) JUDGMENT FOR COSTS
6. MTC (barangay level election contest)
(RegatchovsCleto, 1983) The court may render judgment for costs against either the
petitioner, the relator, or the respondent, or the person or
NOTE:If filed by the Solicitor General, it may directly bring
persons claiming to be a corporation, or may apportion the
the action before the RTC of Manila or the CA or the SC.
costs, as justice requires.
Hierarchy of courts must still be observed, although not RELATOR – person mentioned in Section 3; the person who
expressly provided for the rule. (Mendoza v. Villas, 2011) will request the Solicitor General to file the case
JUDGMENT IN QUO WARRANTO ACTION

EXPROPRIATION (RULE 67)
Sec. 9. Judgment where usurpation found, Rule 65 EXPROPRIATION is the power of the sovereign state to take
or authorize the taking of any property within its jurisdiction
When the respondent is found guilty of usurping, intruding for public use without the owner’s consent (18 Am Jur. 631)
into, or unlawfully holding or exercising a public office,
position or franchise, judgment shall be rendered: NOTE: If the owner consents, then there is no need for filing
1. That such respondent be ousted and altogether the case.
excluded therefrom; and
2. That the petitioner or relator, as the case may be, Expropriation is not synonymous to Eminent Domain. The
latter is the inherent power of the State to take property for
recover his costs; and
public use. The former is the proceeding to implement
3. Such further judgment may be rendered
determining the respective rights in and to the eminent domain.
public office, position or franchise of all the parties
to the action as justice requires.
REQUISITES FOR THE VALID EXERCISE OF THE RIGHT
OF EMINENT DOMAIN
RIGHTS OF A PERSON ADJUDGED ENTITLED TO

1. Property to be taken must be private;
PUBLIC OFFICE 2. There must be due process of law;
3. Payment of just compensation; and
4. Taking must be for public use
1. Execution of the office after taking oath of office and
executing any official bond required by the law
2. Demand from respondent all the books and papers PUBLIC USE - One which confers some benefit or advantage
appertaining to the office to which judgment relates. to the public; it is not confined to actual use by public. It is
a. Respondent’s neglect or refusal to comply measured in terms of right of public to use proposed facilities
with the demand is punishable by contempt for which condemnation is sought and, as long as public has
right of use, whether exercised by one or many members of
3. Bring an action for damages against respondent for
damages sustained by him by reason of the usurpation. public, a ‘public advantage’ or ‘public benefit’ accrues
a. Must be commenced within 1 year after entry sufficient to constitute a public use. (Manosca v. CA, 1996)
of judgment establishing petitioner’s right to
the office in question. HOWEVER, the term “public use” has acquired a more
comprehensive coverage -to the literal import of the term
signifying strict use or employment by the public has been
Quo Warranto is an action which violates the rule on splitting
the cause of action. It is designed for the purpose of added the broader notion of indirect public benefit or
determining who between the contestants is entitled to hold advantage. (City of Manila v. Te, 2011)
office. Once the court has decided this issue, the law
authorizes the winning party to file a subsequent complaint
for the recovery of damages arising from the usurpation of
office.

Remedial Law
LIMITATION TO THE EXERCISE OF THE RIGHT OF WHEN PLAINTIFF CAN IMMEDIATELY ENTER INTO
EMINENT DOMAIN POSSESSION OF THE REAL PROPERTY, IN RELATION
TO R.A. NO. 8974
1. Exercised only by the State or entities authorized by the

law; Plaintiff shall have the right to take or enter upon possession
2. Inherent power belongs to the national government of the real property upon:
and not to the local government, except when the law 1. Filing of complaint or at any time thereafter, and after
and charters expressly authorize them to do so; due notice to defendant;
3. Just compensation must be paid to the property owner 2. Making preliminary deposit
– element of due process in expropriation; right value
plus no delay in payment; PRELIMINARY DEPOSIT - Money which the plaintiff
4. Due process must be observed – compliance with the initially deposits in order for him to be placed in possession
rules provided; and of the property involved
5. Only as much property will be taken as necessary for
the legitimate purpose of expropriation PURPOSE:
1. To act as a down payment - if government wins and the
Nothing in the law limits the expropriation to only real amount of just compensation is fixed by the court,
property. Personal property may also be expropriated but not preliminary deposit becomes the down payment;
money. 2. To act as damages - if government loses, defendant
entitled to claim for damages (Republic vs Baylosis, 1960)
VALUE:
1. Real property – assessed value of the property for
MATTERS TO ALLEGE IN A COMPLAINT FOR taxation purposes.
EXPROPRIATION 2. Personal property – provisionally ascertained and the
amount to be deposited is fixed by the court.
The right of eminent domain shall be exercised by the filing WHERE:
of a verified complaint which shall state with certainty: Deposit shall be made with the authorized government
1. The right and purpose of expropriation; depositary. (Amount is to be held by such bank subject to
2. Describe the real or personal property sought to be the orders of the court)
expropriated; and
3. Join as defendants all persons owning or claiming to FORMS OF DEPOSIT:
own, or occupying, any part thereof or interest therein,
showing the separate interest of each defendant. GENERAL RULE: Deposit shall be in money.
4. Make the following averments, if needed:
a. If title appears to be in the Republic, although EXCEPTION: The court authorizes the deposit of a certificate
occupied by private individuals; of deposit of a government bank of the Republic of the
b. If title is otherwise obscure or doubtful so that Philippines payable on demand to the authorized
plaintiff cannot with accuracy or certainty specify government depositary.
who the real owners are.
After the deposit, court shall order sheriff or proper officer to
place plaintiff in possession of the property. Such officer shall
promptly submit a report to the court with service of copies
TWO STAGES IN AN EXPROPRIATION PROCEEDING
to parties.
1. Determination of the authority of the plaintiff to

exercise the power of eminent domain and the
propriety to exercise in the context of the facts.
REPUBLIC ACT. 8974 (2000): An Act to Facilitate the
This stage is terminated by either an order of dismissal of the Acquisition of Right-of-Way, Site or Location for National
action or order of condemnation declaring the expropriation Government Infrastructure Projects and for Other Purposes
to be proper and legal.
EXPROPRIATION RA 8974
These orders are final and executory and hence, may be UNDER RULE 67
appealed (Municipality of Binanvs Garcia, 1989) Scope Expropriation in Only when
general, for both national
2. Determination of just compensation. real and personal government
properties expropriates
Done with the assistance of not more than three real property for
commissioners. The order determining just compensation is national
final and appealable. government
infrastructure
projects

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For writ of Government is Government is 2. No counterclaim, cross-claim or third-party

possession to required to make required to complaint shall be alleged or allowed in the answer
issue preliminary make or any subsequent pleading.
deposit immediate
payment to GENERAL RULE: A defendant waives all defenses and
owner upon objections not so alleged.
filing of
complaint EXCEPTION: In the interest of justice, the court may permit
Amount of Equal to assessed Equal to the amendments to the answer which shall be made not later than
payment or value of real market value of 10 days from the filing thereof.
deposit property for the property as
purposes of stated in the tax Just compensation may be proven with or without
taxation declaration or objections/defense, and whether or not defendant
current relevant appeared/answered: In any case, in the determination of just
zonal value of compensation, defendant may present evidence as to the
BIR, whichever amount of compensation to be paid.
is higher, and
value of
improvements
and/or ORDER OF EXPROPRIATION
structures using
replacement
ORDER OF EXPROPRIATION – It is the order declaring
cost method
that the plaintiff has lawful right to take the property.
WHEN IS IT ISSUED?
1. Objections or defenses against the right of plaintiff
NEW SYSTEM OF IMMEDIATE PAYMENT OF INITIAL to expropriate are overruled; or
2. No party appears to defend the case
JUST COMPENSATION
For the acquisition of right-of-way, site or location for any CONTENTS OF THE ORDER
national government infrastructure project through 1. That the plaintiff has a lawful right to take the
expropriation upon the filing of the filing of the complaint, property sought to be expropriate;
and after due notice to the defendant, the implementing 2. For the public use or purpose described in the
agency shall immediately pay the owner of the property the complaint; and
amount equivalent to the sum of: 3. Upon payment of just compensation
1. 100 percent of the value of the property based on a. To be determined as of the date of taking,
the current relevant zonal valuation of the BIR; and or
2. The value of the improvements and/or structures b. The filing of the complaint, whichever
as determined under Sec. 7 of R.A. 8974, supra (Sec. came first
4, RA 8974)
REMEDY OF THE AGGRIEVED PARTY
A final order sustaining the right to expropriate the property
may be appealed by any party aggrieved thereby. Such
DEFENSES AND OBJECTIONS appeal, however, shall not prevent the court from
determining the just compensation to be paid.
If a defendant has no objection or defense to the action or the EFFECT

taking of his property: After the rendition of such an order, the plaintiff shall not be
1. He may file and serve a notice of appearance and a permitted to dismiss or discontinue the proceeding except on
manifestation to that effect, specifically designating such terms as the court deems just and equitable.
or identifying the property in which he claims to be
interested, within the time stated in the summons. NOTE: From the moment that the court issues such order, the
2. Thereafter, he shall be entitled to notice of all property is deemed expropriated. This marks the end of Stage
proceedings affecting the same. 1 of the proceeding.
If a defendant has objection(s) to the filing of the complaint or

any objection (s) or defense(s) to the taking of his property:
1. He shall serve his answer within the time stated in
the summons. The answer shall specifically ASCERTAINMENT OF JUST COMPENSATION
designate or identify the property in which he
claims to have an interest, state the nature and
extent of the interest claimed, and adduce all his Upon the rendition of the order of expropriation:
objections and defenses to the taking of his 1. The court shall appoint not more than 3 competent
property. and disinterested persons as commissioners to

Remedial Law
ascertain and report to the court the just expropriated, and may from time to time so deal with such
compensation for the property sought to be taken. property.
2. The order of appointment shall designate: 1. The commissioners shall make a full and accurate
a. The time and place of the first session of report to the court of all their proceedings
the hearing to be held by the 2. Such proceedings shall not be effectual until the
commissioners; and court shall have accepted their report and rendered
b. Specify the time within which their judgment in accordance with their
report shall be submitted to the court. recommendations.
3. Copies of the order shall be served on the parties. 3. Report shall be filed within 60 days from the date
4. Objections to the appointment of any of the the commissioners were notified of their
commissioners shall be filed with the court within appointment, which time may be extended in the
10 days from service, and shall be resolved within discretion of the court. Except as otherwise
30 days after all the commissioners shall have expressly ordered by the court
received copies of the objections. 4. Upon the filing of such report, the clerk of the court
shall serve copies thereof on all interested parties,
NOTE: Appointment of commissioners is mandatory. with notice that they are allowed 10 days within
which to file objections to the findings of the report,
Just compensation should be determined as of the date of the if they so desire.
time taking of the property or the filing of the complaint,
whichever comes first.
ACTION UPON COMMISSIONERS’ REPORT
APPOINTMENT OF COMMISSIONERS;
Upon the expiration of the period of 10, or even before the
expiration of such period but after all the interested parties
COMMISSIONER’S REPORT; COURT ACTION UPON have filed their objections to the report or their statement of
REPORT agreement therewith, the court may:
1. After hearing, accept the report and render
judgment in accordance therewith;
PROCEEDINGS BY COMMISSIONERS 2. Recommit to commissioners for further report of
Before entering upon the performance of their duties: facts, for cause shown;
1. The commissioners shall take and subscribe an oath 3. Set aside the report and appoint new
that they will faithfully perform their duties as commissioners; or
commissioners, which oath shall be filed in court 4. Accept the report in part and reject in part; and
with the other proceedings in the case. 5. Make such order or render such judgment as shall
2. Evidence may be introduced by either party before secure the plaintiff (as to its right to expropriate)
the commissioners who are authorized to and the defendant (as to his right to just
administer oaths on hearings before them. compensation)
DUTIES Determination of just compensation is a judicial function,

1. The commissioners shall view and examine the which cannot be encroached upon the legislative or executive
property sought to be expropriated and its branch of government (EPZA vs Dulay, 1987)
surroundings, and may measure the same.
a. Unless the parties consent to the
contrary and after due notice to the
parties to attend RIGHTS OF PLAINTIFF AFTER JUDGMENT AND
b. After which either party may, by himself PAYMENT
or counsel, argue the case.
2. The commissioners shall assess the consequential
damages to the property not taken and deduct from 1. Upon payment by the plaintiff to the defendant of
such consequential damages the consequential the compensation fixed by the judgment including
benefits to be derived by the owner from the public legal interest thereon from the taking of the
use or purpose of the property taken, the operation possession of the property; or
of its franchise by the corporation or the carrying 2. After tender to him of the amount so fixed and
on of the business of the corporation or person payment of the costs, the plaintiff shall have:
taking the property. But in no case shall the a. The right to enter upon the property
consequential benefits assessed exceed the expropriated and to appropriate it for the
consequential damages assessed, or the owner be public use or purpose defined in the
deprived of the actual value of his property so judgment; or
taken. b. The right to retain it should he have taken
immediate possession thereof.
REPORT BY COMMISSIONERS
The court may order the commissioners to report when any EFFECT OF REFUSAL TO RECEIVE PAYMENT
particular portion of the real estate shall have been passed If the defendant and his counsel absent themselves from the
upon by them, and may render judgment upon such partial court, or decline to receive the amount tendered, it shall be
report, and direct the commissioners to proceed with their ordered to be deposited in court and such deposit shall have
work as to subsequent portions of the property sought to be

Remedial Law
the same effect as actual payment thereof to the defendant or A: Just compensation means the property’s fair market value
the person ultimately adjudged entitled thereto. at the time of the filing of the complaint, or "that sum of
money which a person desirous but not compelled to buy,
NOTE: Upon payment of just compensation will the plaintiff and an owner willing but not compelled to sell, would agree
become the owner of the property. From that moment, the on as a price to be given and received therefor."The measure
government acquires the right to possess is not the taker’s gain, but the owner’s loss. In the
determination of such value, the court is not limited to the
assessed value of the property or to the schedule of market
EFFECT OF APPEAL values determined by the provincial or city appraisal
The right of the plaintiff to enter upon the property of the committee; these values consist but one factor in the judicial
defendant and appropriate the same for public use or valuation of the property. The nature and character of the
purpose shall not be delayed by an appeal from the land at the time of its taking is the principal criterion for
judgment. determining how much just compensation should be given to
the landowner All the facts as to the condition of the property
EFFECT OF REVERSAL and its surroundings, as well as its improvements and
If the appellate court determines that plaintiff has no right of capabilities, should be considered (NPC vs. Tiangco, 2007).
expropriation, judgment shall be rendered ordering the RTC
to forthwith enforce the restoration to the defendant of the
possession of the property, and to determine the damages
which the defendant sustained and may recover by reason of FORECLOSURE OF REAL ESTATE
the possession taken by the plaintiff.
MORTGAGE (Rule 68)
COSTS
The fees of the commissioners shall be taxed as a part of the
costs of the proceedings. All costs, except those of rival MORTGAGE, DEFINED
claimants litigating their claims, shall be paid by the plaintiff,
unless an appeal is taken by the owner of the property and
the judgment is affirmed, in which event the costs of the It is an interest in the land created by a written instrument
appeal shall be paid by the owner. providing security for the performance of a duty or the
payment of debt. The mortgage operates as a conveyance of
the legal title to the mortgagee, but such title is subject to
defeasance on payment on the debt or performance of the
duty by the mortgagor.
EFFECT OF ENTRY OF JUDGMENT
CONTENTS OF JUDGMENT
1. Statement of the particular property or interest therein FORECLOSURE, DEFINED
expropriated, with adequate description; and
2. Nature of the public use or purpose for which it is
expropriated. Remedy available to the mortgagee by which he subjects the
mortgaged property to the satisfaction of the obligation to
WHEN TITLE IS VESTED secure which the mortgage was given
1. If personal property, upon payment of just
Compensation; To shut out, bar or destroy an equity of redemption; a
2. If real property, upon payment of just compensation and termination of all the rights of the mortgagor or his grantee in
recording of the judgment in the registry of deeds where the property covered by the mortgage; procedure by which
the property is situated the mortgaged property is sold on default of mortgagor in
satisfaction of the mortgage debt
PECULIARITY OF THE PROCEEDINGS There can be a loan without mortgage but there cannot be a
1. Multiple appeals are allowed and the period to appeal mortgage without a loan. Mortgage is only an accessory
is 30 days; no record of appeal is required. contract and the loan is the principal one.
2. The procedure is not summary but there are prohibited
pleadings, such as counterclaim, cross-claim, etc
3. Even if defendant is declared in default, he can still
participate in the proceedings (i.e. determine just
compensation) REAL ESTATE MORTGAGE, DEFINED
4. Even if defendant accepts money as just compensation,
he can still assail the judgment on the propriety of the
It is an accessory contract executed by a debtor in favor of a
expropriation
creditor as a security for the principal obligation. This
principle is usually a simple loan or mutuum described in
Q: How to determine just compensation in expropriation
Article 1953 of the Civil Code of the Philippines. (Riano, 2016)
cases?

Remedial Law
To be a real estate mortgage, the contract must be constituted (1) filing a personal action for collection of sum of
on either immovables (real property) or alienable real rights. money;
If constituted on movables, the contract is a chattel mortgage. (2) or instituting a real action to foreclose on the
(Art. 2124, Civil Code) mortgage security.
An election of the first bars recourse to the second, otherwise

there would be multiplicity of suits in which the debtor would
be tossed from one venue to another depending on the
DRAGNET CLAUSE OR BLANKET MORTGAGE CLAUSE, location of the mortgaged properties and the residence of the
DEFINED parties. (Flores v. Spouses Lindo, Jr. 2011)
The Court has ruled that if a creditor is allowed to file his

A "blanket mortgage clause," also known as a separate complaints simultaneously or successively, one to
"dragnet clause" in American jurisprudence, is one which is recover his credit and another to foreclose his mortgage, he
specifically phrased to subsume all debts of past or future will, in effect, be authorized plural redress for a single breach
origins. Such clauses are "carefully scrutinized and strictly of contract at so much costs to the court and with so much
construed." vexation and oppressiveness to the debtor. (Riano, 2016)
It has been settled in a long line of decisions that mortgages

given to secure future advancements are valid and legal
contracts, and the amounts named as consideration in said
contracts do not limit the amount for which the mortgage may PACTUM COMMISSORIUM, DEFINED
stand as security if from the four corners of the instrument the
intent to secure future and other indebtedness can be
gathered. (Prudential Bank v. Spouses Alviar, 2005) Pactum commissorium is "a stipulation empowering the
creditor to appropriate the thing given as guaranty for the
fulfillment of the obligation in the event the obligor fails to
live up to his undertakings, without further formality, such as
foreclosure proceedings, and a public sale." (Pena, 2008)
WHEN FORECLOSURE IS PROPER
The elements of pactum commissorium, which enable the
Foreclosure of REM presupposes that the debtor failed to pay mortgagee to acquire ownership of the mortgaged
his debt despite demand. The default of the debtor must first property without the need of any foreclosure proceedings, are:
be established. Such default occurs when payment is not
made after a valid demand, unless the contract between the (1) There should be a property mortgaged by way of
parties carries with it a stipulation that demand is not security for the payment of the principal obligation; and
necessary for default to arise. (Riano, 2016) (2) There should be a stipulation for automatic
appropriation by the creditor of the thing mortgaged in
case of non-payment of the principal obligation within
the stipulated period." (Spouses Edralin v. Philippine
Veterans Bank2011)
ISSUE ON DEMAND TO PAY
The issue of whether demand was made before the

foreclosure was effected is essential. If demand was made and
NOT A VALID AGREEMENT
duly received by the respondents and the latter still did not
pay, then they were already in default and foreclosure was
proper. However, if demand was not made, then the loans The intent to appropriate the property given as collateral in
had not yet become due and demandable. This meant that favor of the creditor appears to be evident, for the debtor is
respondents had not defaulted in their payments and the obliged to dispose of the collateral at the pre-agreed
foreclosure by petitioner was premature. Foreclosure is valid consideration amounting to practically the same amount as
only when the debtor is in default in the payment of his the loan. In effect, the creditor acquires the collateral in the
obligation. (General Milling Corp. v. Spouses Ramos, 2011) event of non-payment of the loan. This is within the concept
of pactum commissorium. Such stipulation is void. (Bustamante
v. Spouses Rosel, 1999)
ALTERNATIVE REMEDIES OF THE CREDITOR;

SPLITTING SINGLE CAUSE OF ACTION
THREE STAGES IN JUDICIAL FORECLOSURE OF
MORTGAGE
The rule is that a mortgage-creditor has a single cause of
action against a mortgagor-debtor, that is, to recover the debt.
(1) Determination of the right to foreclose;
The mortgage-creditor has the option of either: (2) Foreclosure itself’;

Remedial Law
(3) Recovery of deficiency (2) Shall render judgment for the sum so found due
and
(3) Order that the same be paid to the court or to the
APPLICABILITY OF RULE 68 judgment obligee within a period of not less than
ninety (90) days nor more than one hundred twenty
It only applies to judicial foreclosure of real estate mortgage. (120) days from the entry of judgment, and
Note: The period given in the rule is not merely procedural

requirement; it is a substantive right granted to the mortgage
debtor as the last opportunity to pay the debt and save his
WHAT MUST BE ALLEGED IN THE COMPLAINT FOR mortgaged property from final disposition at the foreclosure
FORECLOSURE sale. (Riano, 2016)
(4) That in default of such payment the property shall

The complaint shall set forth the following: be sold at public auction to satisfy the judgment.
(1) The date and due execution of the mortgage; (Section 2, Rule 68)
(2) its assignments, if any; the names and residences of
the mortgagor and the mortgagee;
(3) a description of the mortgaged property;
(4) a statement of the date of the note or other
documentary evidence of the obligation secured by EQUITY OF REDEMPTION, DEFINED
the mortgage,
(5) the amount claimed to be unpaid thereon; and
(6) the names and residences of all persons having or Right of the defendant-mortgagor to extinguish the mortgage
claiming an interest in the property subordinate in and retain the ownership of the property by paying the
right to that of the holder of the mortgage, all of amount fixed in the decision of the Court within 90 to 120
whom shall be made defendants in the action. days after the entry of judgment or even after the forecelosure
(Section 1, Rule 68) sale but prior to its confirmation. (Limpin vs IAC, September 29,
1988)
WHO ARE THE POSSIBLE DEFENDANTS?

RIGHT OF REDEMPTION, DEFINED
(1) Mortgage debtor – the one who borrowed money and

Right granted to the debtor-mortgagor, his successor-in-
mortgaged his property
interest or any judicial creditor of the debtor-mortgagor, or
(2) Mortgagor or owner, if the debtor is another person –
any person having a lien in the property subsequent to its
when person who owns the property mortgaged it to
mortgage or deed of trust under which the property is sold,
accommodate the loan of the debtor
to redeem the property within one year from the registration
(3) All persons having or claiming an interest in the
of the sheriff’s certificate of foreclosure sale. (De Castro vs IAC,
premises subordinate in the right to that of the holder of
September 26, 1988)
the mortgage
PROCEDURE
EQUITY OF REDEMPTION AND RIGHT OF
REDEMPTION, DISTINGUISHED
A foreclosure suit will proceed like an ordinary civil action
insofar as they are not inconsistent with Rule 68.
EQUITY OF RIGHT OF
REDEMPTION REDEMPTION
Right of the defendant Right of the debtor, his

JUDGMENT ON FORECLOSURE FOR PAYMENT OR mortgagor to extinguish successor in interest, or
SALE the mortgage and retain any judicial creditor of said
ownership of the property debtor or any person
by paying the secured debt having a lien on the
If upon the trial in such action the court shall find the facts set within the 90 to 120 day property subsequent to the
forth in the complaint to be true, it shall: period after entry of mortgage.
judgment or even after the
(1) Ascertain the amount due to the plaintiff upon the foreclosure sale but prior
mortgage debt or obligation, including interest and to its confirmation
other charges as approved by the court, and costs,
and

Remedial Law
Period is 90-120 days after Period is 1 year from date It operates to divest the rights in the property of all the parties
entry of judgment or even of registration of certificate in the action and to vest rights in the purchaser, subject to the
after foreclosure sale but of sale right of redemption as may be allowed by the law.
prior to confirmation
Governed by Rule 68 Governed by Sec. 29- 31,

Rule 39
EFFECT OF FINALITY OF THE ORDER OFM
CONFIRMATION
EFFECT OF JUDGMENT
Upon the finality of the order of confirmation or upon the
expiration of the period of redemption when allowed by law,
It is considered a final adjudication of the case and, hence, the purchaser at the auction sale or last redemptioner, if any,
subject to challenge by the aggrieved party by appeal or other shall be entitled to the possession of the property unless a
post-judgment remedies. (Riano, 2016) third party is actually holding the same adversely to the
judgment obligor. The said purchaser or last redemptioner
may secure a writ of possession, upon motion, from the court
which ordered the foreclosure. (Section 3, Rule 68)
FORCELOSURE JUDGMENT The order of confirmation is appealable, and if not appealed

from within the period for appeal, such order becomes final.
(Riano, 2016)
Judgment rendered in favor of plaintiff, stating that there is a
valid cause of action and that the last chance to pay the
obligation, interests, charges, etc within a specified period.
DISPOSITION OF PROCEEDS OF SALE
SALE OF MORTGAGED PROPERTY; EFFECT The amount realized from the foreclosure sale of the
mortgaged property shall, after deducting the costs of the
sale, be paid to the person foreclosing the mortgage, and
When the defendant, after being directed to do so as provided when there shall be any balance or residue, after paying off
in the next preceding section, fails to pay the amount of the the mortgage debt due, the same shall be paid to junior
judgment within the period specified therein, the court, upon encumbrancers in the order of their priority, to be ascertained
motion, shall order the property to be sold in the manner and by the court, or if there be no such encumbrancers or there be
under the provisions of Rule 39 and other regulations a balance or residue after payment to them, then to the
governing sales of real estate under execution. (Section 3, Rule mortgagor or his duly authorized agent, or to the person
68) entitled to it. (Section 4, Rule 68)
Note: Jurisprudence suggests that the motion for the sale of

the mortgaged property is non-litigable and may be made ex
parte pursuant to the judgment of the foreclosure. (Riano,
2016) HOW SALE TO PROCEED IN CASE THE DEBT IS NOT
ALL DUE
If the debt for which the mortgage or encumbrance was held

EFFECT OF CONFIRMATION OF THE SALE is not all due as provided in the judgment as soon as a
sufficient portion of the property has been sold to pay the total
amount and the costs due, the sale shall terminate; and
Such sale shall not affect the rights of persons holding prior
afterwards as often as more becomes due for principal or
encumbrances upon the property or a part thereof, and when
interest and other valid charges, the court may, on motion,
confirmed by an order of the court, also upon motion, it shall
order more to be sold. (Section 5, Rule 68)
operate to divest the rights in the property of all the parties to
the action and to vest their rights in the purchaser, subject to
such rights of redemption as may be allowed by law. (Section
3, Rule 68)
IF PROPERTY CANNOT BE SOLD WITHOUT PREJUDICE
TO PARTIES
CONFIRMATION OF SALE, DEFINED

But if the property cannot be sold in portions without
prejudice to the parties, the whole shall be ordered to be sold
in the first instance, and the entire debt and costs shall be paid,

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if the proceeds of the sale be sufficient therefor, there being a EFFECT OF DEFICIENCY JUDGMENT
rebate of interest where such rebate is proper. (Id.)
It is in itself, a judgment, hence also appealable. (Riano, 2016)
Moreover, no independent action need be filed to recover

REGISTRATION OF THE SALE then deficiency from the defendant. The deficiency judgment
shall be rendered upon motion of the mortgagee. (Id.)
A certified copy of the final order of the court confirming the

sale shall be registered in the registry of deeds. If no right of
redemption exists, the certificate of title in the name of the
mortgagor shall be cancelled, and a new one issued in the WHEN MORTGAGOR IS NOT THE DEBTOR
name of the purchaser.
Where a right of redemption exists, the certificate of title in It has been suggested that the mortgagor, who is not the
the name of the mortgagor shall not be cancelled, but the debtor and who merely executed the mortgage to secure the
certificate of sale and the order confirming the sale shall be principal debtor’s obligation, is not liable for the deficiency
registered and a brief memorandum thereof made by the unless he assumed liability for the same in the contract.
registrar of deeds upon the certificate of title. In the event the (Philippine Trust Company vs. Echaus, 1929)
property is redeemed, the deed of redemption shall be
registered with the registry of deeds, and a brief
memorandum thereof shall be made by the registrar of deeds
on said certificate of title.
WHEN THERE SURPLUS INSTEAD OF DEFICIENCY
If the property is not redeemed, the final deed of sale executed
by the sheriff in favor of the purchaser at the foreclosure sale
It is the duty of the mortgagee to return to the mortgagor any
shall be registered with the registry of deeds; whereupon the
surplus in the selling price during the foreclosure sale. (Riano,
certificate of title in the name of the mortgagor shall be 2016)
cancelled and a new one issued in the name of the purchaser.
(Section 7, Rule 68)
A mortgagee who exercises the power of sale contained in a
mortgage is considered a custodian of the fund and, being
bound to apply it properly, is liable to the persons entitled
thereto if he fails to do so. And even though the mortgagee is
not strictly considered a trustee in a purely equitable sense,
DEFICIENCY JUDGMENT
but as far as concerns the unconsumed balance, the mortgagee
is deemed a trustee for the mortgagor or owner of the equity
It is a judgment rendered by the court upon motion and of redemption.
showing that the proceeds from the sale of the property is not
sufficient for the payment of judgment debt. Thus it has been held that if the mortgagee is retaining more
of the proceeds of the sale than he is entitled to, this fact alone
will not affect the validity of the sale but simply give the
IF THERE IS A mortgagor a cause of action to recover such surplus. (Suico vs.
BALANCE DUE TO PNB, 2007)
IF THERE IS NO
PLAINTIFF AFTER
BALANCE DUE
APPLYING PROCEEDS
OF THE SALE
FORCELOSURE JUDGMENT FROM DEFICIENCY
The court, upon motion, Otherwise, the plaintiff
shall render judgment shall be entitled to JUDGMENT, DISTINGUISHED
against the defendant for execution at such time as
any such balance for which, the balance remaining
by the record of the case, he becomes due under the
FORECLOSURE JUDGMENT DEFICIENCY
may be personally liable to terms of the original
JUDGMENT
the plaintiff, upon which contract, which time shall
execution may issue be stated in the judgment.
Judgment Quasi-in rem Judgment in personam
immediately if the balance (Id.)
is all due at the time of the
rendition of the judgment. Directed against the rights of a Directed against the
(Section 6, Rule 68) persons on the property itself debtor-mortgagor
personally

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Recovery of deficiency can Recovery of deficiency is

be done by mere motion through an independent
action
INSTANCES WHEN IT IS IMPROPER FOR THE COURT
TO RENDER A DEFICIENCY JUDGMENT The resort to extra-judicial foreclosure must always be
provided in the contract. The mortgage contract must contain
a Special Power of Attorney constituting the mortgagee as the
(1) Where the mortgagor mortgaged his property to secure attorney-in-fact of the mortgagor to resort to extra-judicial
the debt of another without assuming personal liability foreclosure. If none exists, then mortgagee has only one
of such debt; option – judicial foreclosure.
(2) Where the mortgagor is a non-resident who failed to
submit himself to the jurisdiction of the court; no
personal judgment for deficiency can be rendered
against him;
(3) Where the mortgagor dies after the rendition of the PARTITION (Rule 69)
judgment of foreclosure.
PARTITION, DEFINED
TWO TYPES OF FORECLOSURE OF MORTGAGE The Civil Code of the Philippines defines partition as the
separation, division and assignment of a thing held in
common among those to whom it may belong. (Article 1079)
1. JUDICIAL FORCELOSURE Partition is the division between two or more persons of real
Mortgagee files the case before the court; governed by Rule 68 or personal property, owned in common, by setting apart
their respective interests so that they may enjoy and possess
2. EXTRA-JUDICIAL FORECLOSURE those in severalty, resulting in the partial or total
There is no court case but the procedure followed is that of extinguishment of co-ownership. (Leoveras vs. Valdez, 2011)
Act 3135
PARTITION OF REAL ESTATE
Judicial and Extra-Judicial Foreclosure, distinguished

It is a judicial controversy between persons, who being co-
owners thereof; seek to secure a division for partition for
themselves of the common property, giving to each one of
JUDICIAL EXTRA-JUDICIAL them the part corresponding to each.
FORECLOSURE FORECLOSURE
Requires court intervention Court intervention not

necessary
EXISTENCE OF CO-OWNERSHIP IN PARTITION
Only equity of redemption Right of redemption exists
Partition presupposes the existence of a co-ownership over a
Governed by the Rules of Governed by Act 3135
property between two or more persons. Thus, it was ruled
Court
that a division of property cannot be ordered by the court
unless the existence of co-ownership is first established, and
Decisions are appealable Not appealable;
that an action for partition will not lie if the claimant has no
immediately executory
rightful interest in the property. (Co Giuk Lun vs. Co., 2011)
Order of the Court cuts off Foreclosure does not cut off
all rights of the parties the rights of all the parties
impleaded involved
INSTANCES WHEN CO-OWNER MAY NOT DEMAND
Period of redemption starts Period to redeem starts
PARTITION AT ANY TIME
from the finality of the from the date of
judgment until order of registration of the
confirmation certificate of sale 1. There is an agreement among the co-owners to keep the
property undivided for a certain period of time but not
No need for special power Special power of attorney exceeding 10 years. This term may, however, be
of attorney in the contract in favor of the mortgage is extended by a new agreement. (Art. 494, Civil Code)
of mortgage needed in the contract 2. When partition ism prohibited by the donor or testator
for a period not exceeding 20 years;
3. When partition is not prohibited by law;

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4. When the property is not subject to a physical division TWO STAGES IN PARTITION:
and to do so would render it unserviceable for the use
for which it is intended;
5. When the condition imposed upon voluntary heirs 1. Determination of whether or not a co-ownership in fact
before they can demand partition has not yet been exists and a partition is proper and may be made by
fulfilled. voluntary agreement of all parties interested in the
property.
Note: The determination of whether the subject property is

owned in common and whether all the co-owners are made
LEGAL EFFECT OF PARTITION parties in the case. Such order of partition is appealable.
2. Actual partitioning of the subject property.

It is to terminate the co-ownership and consequently, to make
the previous co-owners the absolute and exclusive owner of Note: The order or decision is appealable. Commences when
the share allotted to him. the parties are unable to agree upon the partition ordered by
the court; shall be effected then by the court with the
assistance of not more than three commissioners.
WHO MAY FILE COMPLAINT; WHO SHOULD BE MADE

DEFENDANTS
CONDITION FOR ACTION TO LIE
All co-owners must be impleaded; they are indispensable The settlement of the issue on ownership is the first stage in
parties; hence, when one is left out, the judgment will not an action for partition and the action will not lie if the claimant
become final. has no rightful interest in the property in dispute. (Garingan
vs. Garingan, 2005)
Once left out, a co-owner may intervene whether or not there
is a judgment rendered.
ORDER OF PARTITION
MATTERS TO ALLEGE IN THE COMPLAINT FOR

PARTITION 1. During the trial, the court shall determine whether or not
the plaintiff is truly a co-owner of the property, that
there is indeed a co-ownership among the parties, and
1. Nature and extent of his title that a partition is not legally proscribed, thus may be
2. Adequate description of the real estate sought to be allowed. If the court finds the facts in order and that
partitioned there is a right to demand, it will issue an order of
3. Joining of Defendants – All other persons interested in partition. (Riano, 2016)
the property (Sec. 1, Rule 69)
4. Demand for accounting of the rents, profits, and other 2. If after the trial the court finds that the plaintiff has the
income from the property to which he may be entitled to right thereto, it shall order the partition of the real estate
as his share. (Sec. 8, Rule 69) among all the parties in interest. (Section 2, Rule 69)
Note: Since these cannot be demanded in another action
(because they are part of the cause of action for partition), they
are barred if not set up. (Riano, 2016)
REMEDY AGAINST FINAL ORDER OF THE DECREE
WHEN ALLEGATIONS IN COMPLAINT NOT FOR A final order decreeing partition and accounting may be
appealed by any party aggrieved thereby. (Id.)
PARTITION
When the allegations in the complaint allege that the plaintiff

asserts exclusive ownership of the property sought to be
MODES OF PARTITION
partitioned, the nature of the action is not one for partition. It
is an action for the recovery of property. (De la Cruz vs. Court
of Appeals, 1999) 1. By agreement of the parties;
2. By judicial proceedings under the Rules of Court when
the parties cannot reach an agreement.

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The right of the co-owners to opt for an agreement of partition

in lieu of a judicial partition is recognized by the Rules of In making the partition, the commissioners shall:
Court. If the co-owners cannot agree on the partition of the (1) View and examine the real estate, after due notice to the
property, the only recourse is the filing of an action for parties to attend at such view and examination, and
partition. (Riano, 2016) (2) Hear the parties as to their preference in the portion of
the property to be set apart to them and the
comparative value thereof, and
(3) Set apart the same to the parties in lots or parcels as will
be most advantageous and equitable, having due
PARTITION BY AGREEMENT IF THEY AGREE regard to the improvements, situation and quality of
the different parts thereof. (Section 4, Rule 68)
The parties may, if they are able to agree, make the partition
among themselves by proper instruments of conveyance, and
the court shall confirm the partition so agreed upon by all the
parties, and such partition, together with the order of the WHEN DIVISION WOULD BE PREJUDICIAL
court confirming the same, shall be recorded in the registry of
deeds of the place in which the property is situated.
When it is made to appear to the commissioners that the real
estate, or a portion thereof, cannot be divided without
prejudice to the interests of the parties, the court may:
PARTITION BY AGREEMENT IF THEY DID NOT AGREE (1) Order it assigned to one of the parties willing to
take the same;
(2) Provided he pays to the other parties such amounts
There always exists the possibility that the co-owners are as the commissioners deem equitable.
unable to agree upon the partition. If they cannot partition the
property among themselves, the next stage in the action will Note: Unless one of the interested parties asks that the
follow, and this stage is the appointment of commissioners. property be sold instead of being so assigned, in which case
(Riano, 2016) the court shall order the commissioners to sell the real estate
at public sale under such conditions and within such time as
the court may determine. (Section 5, Rule 69)
PARTITION BY COMMISSIONERS; APPOINTMENT OF

COMMISSIONERS; COMMISSIONER’S REPORT; COURT
ACTION UPON COMMISSIONER’S REPORT REPORT OF THE COMMISSIONERS
The commissioners shall make a full and accurate report to

If the parties are unable to agree upon the partition, the court the court of all their proceedings as to the partition, or the
shall appoint not more than three (3) competent and assignment of real estate to one of the parties, or the sale of
disinterested persons as commissioners to make the partition, the same. Upon the filing of such report, the clerk of court
commanding them to set off to the plaintiff and to each party shall serve copies thereof on all the interested parties with
in interest such part and proportion of the property as the notice that they are allowed ten (10) days within which to file
court shall direct. (Section 3, Rule 69) objections to the findings of the report, if they so desire.
The appointment of commissioners, which is a mandatory

under the circumstances, presupposes that the parties cannot
agree upon the partition among themselves. (Riano, 2016)
PROCEEDINGS NOT BINDING UNTIL CONFIRMED
Note: Observe that the provision authorizes the
commissioners merely to make or effect the partition.
Nothing in the provision grants them the authority to No proceeding had before or conducted by the
adjudicate on questions of title or ownership of property. (Id.) commissioners shall pass the title to the property or bind the
parties until the court shall have accepted the report of the
commissioners and rendered judgment thereon. (Section 6,
Rule 69)
OATH AND DUTIES OF COMMISSIONERS
Before making such partition, the commissioners shall: ACTION OF THE COURT UPON COMMISSIONERS’
(1) Take and subscribe an oath that they will faithfully REPORT
perform their duties as commissioners;
(2) Which oath shall be filed in court with the other
proceedings in the case.

Remedial Law
Upon the expiration of the period of ten (10) days referred to NEITHER PARAMOUNT RIGHTS NOR AMICABLE
in the preceding section, or even before the expiration of such PARTITION AFFECTED BY THIS RULE
period but after the interested parties have filed their
objections to the report or their statement of agreement
therewith, the court may, upon hearing: Nothing in this Rule contained shall be construed so as to
(1) accept the report and render judgment in prejudice, defeat, or destroy the right or title of any person
accordance therewith; claiming the real estate involved by title under any other
(2) or, for cause shown, recommit the same to the person, or by title paramount to the title of the parties among
commissioners for further report of facts; whom the partition may have been made; nor so as to restrict
(3) or set aside the report and appoint new or prevent persons holding real estate jointly or in common
commissioners; from making an amicable partition thereof by agreement and
(4) or accept the report in part and reject it in part; suitable instruments of conveyance without recourse to an
(5) And may make such order and render such action.
judgment as shall effectuate a fair and just partition
of the real estate, or of its value, if assigned or sold Note: In partition, no rights of a third person over the
as above provided, between the several owners property are affected because there are no transmission of
thereof. (Section 7, Rule 69) right; there is merely a designation and segregation of shares
JUDGMENT AND ITS EFFECTS PARTITION OF PERSONAL PROPERTY
1. If actual partition of property is made, the judgment The provisions of this Rule shall apply to partitions of estates
shall state definitely, by metes and bounds and adequate composed of personal property, or of both real and personal
description, the particular portion of the real estate property, in so far as the same may be applicable. (Section 13,
assigned to each party, and the effect of the judgment Rule 69)
shall be to vest in each party to the action in severalty the Note: Rules may also apply to personal properties.
portion of the real estate assigned to him.
2. If the whole property is assigned to one of the parties

upon his paying to the others the sum or sums ordered
by the court, the judgment shall state the fact of such PRESCRIPTION OF ACTION
payment and of the assignment of the real estate to the
party making the payment, and the effect of the
Action for partition is unprescriptible for a long as the co-
judgment shall be to vest in the party making the
owners expressly or impliedly recognize the co-ownership.
payment the whole of the real estate free from any
However, if a co-owner repudiates the co-ownership and
interest on the part of the other parties to the action.
makes known such repudiation to the other co-owners, then
partition is no longer the proper remedy of the aggrieved
3. If the property is sold and the sale confirmed by the
owner. He should file accion reivindicatioria (Roque vs IAC,
court, the judgment shall state the name of the purchaser
1988).
or purchasers and a definite description of the parcels of
real estate sold to each purchaser, and the effect of the
The right of action to demand partition does not prescribe (De
judgment shall be to vest the real estate in the purchaser
Castro v. Echarri, G.R. No. 5609 (1911), except where one of the
or purchasers making the payment or payments, free
interested parties openly and adversely occupies the property
from the claims of any of the parties to the action. (Section
without recognizing the co-ownership (Cordova v. Cordova
11, Rule 69)
(1958) in which case, acquisitive prescription may set in.
RECORDING OF THE JUDGMENT

FORCIBLE ENTRY AND UNLAWFUL
A certified copy of the judgment shall in either case be DETAINER (Rule 70)
recorded in the registry of deeds of the place in which the real
estate is situated, and the expenses of such recording shall be
taxed as part of the costs of the action. (Id.)
FORCIBLE ENTRY AND UNLAWFUL DETAINER

ACTIONS
They are real actions which involve possession of real

property.

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UNLAWFUL DETAINER, DEFINED

THREE POSSIBLE ACTIONS TO BE FILED IN COURT
GOVERNING REAL PROPERTIES Consists in the unlawful withholding by a person from
another, for not more than one year, of the possession of any
land or building after the expiration or termination of the
1. Accion Reinvindicatoria (Recovery of Ownership)
right to hold such possession by virtue of an express or
2. Accion Publiciana (Recovery of Possession)
implied contract (Torres vs Ocampo, 80 Phil 36)
3. Accion Interdictal (Forcible entry (detentacion) or
unlawful detainer (des halicio)
FORCIBLE ENTRY AND UNLAWFUL DETAINER,

DISTINGUISHED
COMPARATIVE TABLE

ACCION ACCION ACCION
INTERDICTA PUBLICIAN REINVIDICATORI
L A A Possession by the Possession is inceptively
defendant is unlawful from lawful but it becomes
the beginning as he illegal by reason of the
Summary Plenary action Action for the
action for the for the recovery of acquires possession by termination of the right
force, intimidation, threat,
recovery of recovery of ownership plus
strategy or steath
physical real right of possession
possession possession
where the when the No prior demand is Demand is jurisdictional if
dispossess- dispossess- necessary the ground is non-
ion has not ion has lasted payment of rentals or
lasted for more for more than failure to comply with the
than 1 year 1 year lease contract
Jurisdiction: RTC: Value RTC: Value exceeds Plaintiff must prove that he No need of prior
MTC exceeds P20K P20K or P50K in was in prior possession possession
regardless of or P50K in Metro Manila
value of Metro Manila 1 year period reckoned 1 year period reckoned
property MTC: if it does not from the date of actual from the date of the last
MTC: if it exceed such amounts entry demand
does not
exceed the
above
amounts
ACCION INTERDICTAL AND ACCION PUBLICIANA,
DISTINGUISHED
DEFINITION AND DISTINCTION

ACCION INTERDICTAL ACCION PUBLICIANA
FORCIBLE ENTRY, DEFINED
Under the Summary Ordinary civil action the
Proceeding; purpose of purpose of which is to
Consists in depriving a person of the possession of the land which is the recovery of recover the right of
or building for a period of time not exceeding 1 year by force, possession de facto possession (possession de
intimidation, strategy, threat or stealth (Tenerio vs Gamboa, 81 jure)
Phil 55)
Exclusive jurisdiction of RTC if it exceeds P20K; if it
The sole issue in forcible entry is who has a better right to the MTC is less, then MTC
possess the property involved. A non-registered owner can
file an action since the sole issue is who has the better right to Period to file is 1 year from May be filed at any time
possess and not as to who owns the property unlawful deprivation or before ownership or other
unlawful withholding of real rights of the real
The 1 year period begins from the time of the entry possession property involved are lost
by acquisitive prescription

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such unlawful deprivation or withholding of possession,

Causes are force, Any other cause of bring an action in the proper Municipal Trial Court against
intimidation, strategy, unlawful dispossession the person or persons unlawfully withholding or depriving of
threat or stealth (FISTS) other than FISTS, or even possession, or any person or persons claiming under them, for
FISTS but after the lapse of the restitution of such possession, together with damages and
one year costs. (Section 1, Rule 70)
Immediate execution is Immediate execution or

governed by Rule 70 execution pending appeal
Section 19 is governed by Rule 39 PLEADINGS ALLOWED
Section 2 (there must be a
good reason)
1. Complaint;
2. Compulsory counterclaim pleaded in the answer;
3. Cross-claim pleaded in the answer;
4. Respective answers. (Section 4, Rule 70)
HOW TO DETERMINE JURISDICTION IN ACCION
Note: Pleadings must be verified. (Id)
PULICIANA AND ACCION REINVINDICATORIA
1. RTC has jurisdiction where the assessed value of

the property exceeds P20,000 or, in Metro Manila,
P50,000; PROHIBITED PLEADINGS
2. MTC has jurisdiction if the assessed value does not
exceed said amounts. (Secs. 19, 33,BP 129, as The following petitions, motions, or pleadings shall not be
amended) allowed:
1. Motion to dismiss the complaint except on the

ground of lack of jurisdiction over the subject
matter, or failure to comply with section 12;
WHO MAY INSTITUTE THE ACTION AND WHEN;
2. Motion for a bill of particulars;
3. Motion for new trial, or for reconsideration of a
a. In Forcible Entry judgment, or for reopening of trial;
A person deprived of possession of any land or building by 4. Petition for relief from judgment;
force, intimidation, strategy, threat, or stealth. (Section 1, Rule 5. Motion for extension of time to file pleadings,
70) affidavits or any other paper;
6. Memoranda;
Reckoning point: 7. Petition for certiorari, mandamus, or prohibition
It is counted from the date of entry or taking of possession against any interlocutory order issued by the court;
except in the case of stealth or strategy in which it is from the 8. Motion to declare the defendant in default;
time the plaintiff learned of the entry. 9. Dilatory motions for postponement;
10. Reply;
b. In Unlawful Detainer 11. Third-party complaints;
Lessor, vendor, vendee, or other person against whom any 12. Interventions.
land or building is unlawfully withheld;
His legal representatives or assigns. (Id.)
c. Period of Filing AFFIDAVITS REQUIRED

Within one year after such unlawful deprivation or
withholding of possession. (Id.) The affidavits required to be submitted under this Rule shall
state only facts of direct personal knowledge of the affiants
which are admissible in evidence, and shall show their
competence to testify to the matters stated therein. (Section 14,
AGAINST WHOM THE ACTION MAY BE MAINTAINED
Rule 70)
A person deprived of the possession of any land or building

by force, intimidation, threat, strategy, or stealth, or a lessor,
vendor, vendee, or other person against whom the possession
of any land or building is unlawfully withheld after the IF VIOLATED THIS REQUIREMENT
expiration or termination of the right to hold possession, by
virtue of any contract, express or implied, or the legal A violation of this requirement may subject the party or the
representatives or assigns of any such lessor, vendor, vendee, counsel who submits the same to disciplinary action, and
or other person, may, at any time within one (1) year after

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shall be cause to expunge the inadmissible affidavit or portion POSSESSION AS THE ISSUE
thereof from the record. (Id.)
Possession in the eyes of the law does not mean that a man
has to have this feet on every square meter of the ground
before he is deemed to be in possession. (De la Rosa vs. Carlos)
WHAT MUST BE ALLEGED IN THE COMPLAINTS
The following are the allegations indispensable for both

actions in order for the first level courts to acquire jurisdiction: MEANING OF PRIOR PHYSICAL POSSESSION IN
FORCIBLE ENTRY CASES
1. The plaintiff had prior 1. Initially, the
physical possession of possession of It did not refer to a literal concept of physical possession. It is
the property; property by the sufficient that petitioner was able to subject the property to
2. That the defendant defendant was by the action of his will. (Mangaser vs. Ugay, 2014)
deprived him of such contract with or by
possession by means tolerance of the
of force, intimidation, plaintiff;
threats, strategy, or 2. Eventually, such
stealth. (Abad vs. possession became RATIONALE BEHIND THE CONCEPT
Farrales) illegal upon notice by
3. Filed within 1 year plaintiff to defendant
It would create an absurd situation. It would be putting
from dispossession. of the termination of
premium in favor of land intruders against Torrens title
the latter’s right of
holder, who spent months, or even years, in order to register
Note: These allegations are possession;
their land, and who religiously paid real property taxes
not required in an unlawful 3. Thereafter, the
thereon. As such, the Torrens title holders would have to
detainer case. defendant remained
resort to ordinary civil actions thereby defeating the very
in possession of the
purpose of the summary procedure of an action for forcible
property and
entry. (Id.)
deprived the plaintiff
of the enjoyment
thereof; and
4. Within 1 year from ACTION ON THE COMPLAINT
the last demand on
defendant to vacate
the property, the The court may, from an examination of the allegations in the
plaintiff instituted the complaint and such evidence as may be attached thereto:
complaint for 1. Dismiss the case outright on any of the grounds for the
ejectment. dismissal of a civil action which are apparent therein.
2. If no ground for dismissal is found, it shall forthwith
issue summons. (Section 5, Rule 70)
WHEN THE COMPLAINT FAILS TO AVER FACTS HOW

ENTRY WAS EFFECTED
WHEN DEFENDANT OCCUPIES PREMISES BY MERE
TOLERANCE
When the complaint fails to aver facts constitutive of forcible
entry or unlawful detainer, as where it does not state how
entry was effected or how and when dispossession started, A person who occupies the land of another at the latter’s
the remedy should either be an accion publiciana or accion tolerance or permission, without any contract between them,
reivindicatoria. (Jose vs. Alfiuerto, 2012) is necessarily bound by an implied promise that he will vacate
upon demand, failing which is a summary action for
It is necessary that the complaint must sufficiently show such ejectment is the proper remedy against him.
a statement of facts as to bring the party clearly within the
class of cases for which the statutes provide a remedy, As a consequence, the possessor by tolerance is liable to pay
without resort to parol testimony, as these proceedings are rentals, not from the time the premises were occupied, but
summary in nature. (Riano, 2016) from the time the demand to vacate was made up to the time
that the premises are fully vacated.

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WHEN THE RULE ON TOLERANCE DOES NOT APPLY DEMAND MUST BE TWO-FOLD:
(1) Demand to pay or (2) Demand to vacate.
comply with the conditions
It does not apply where there was forcible entry at the start. of the lease contract; AND
Common reason then suggests that if the possession was
illegal at the inception and not merely tolerated, the Where the suit is predicated upon the defendant’s non-
defendant’s entry into the land was effected clandestinely, or compliance with the conditions of the lease contract, the
one made without the knowledge of the owners. It is, proper demand should be to comply and to vacate and not to
therefore, a possession by stealth which is forcible entry. comply or vacate. The latter type of demand gives rise to an
(Riano, 2016) action for specific performance and not unlawful detainer.
(Cetus Development vs. Court of Appeals)
EFFECT OF PENDENCY OF AN ACTION INVOLVING

ONWERSHIP ON THE ACTION FOR FORCIBLE ENTRY FORM OF DEMAND
AND UNLAWFUL DETAINER
1. Written notice of such demand upon the person found

It does not bar the filing of an ejectment suit nor suspend the on the premises.
proceedings of one already instituted. The underlying reason
is to prevent the defendant from trifling with summary nature 2. Posting such notice on the premises if no person be
of an ejectment suit by the simple expedient of asserting found thereon, and the lessee fails to comply therewith
ownership over the disputed property. (Tecson vs. Guttierez) after fifteen (15) days in the case of land or five (5) days
in the case of buildings.
3. May be verbal provided that sufficient evidence must be

adduced to show that there was indeed a demand like
CASES WHICH DO NOT BAR AN ACTION FOR testimonies from disinterested and unbiased witnesses.
FORCIBLE ENTRY OR UNLAWFUL DETAINER (Jakihaca vs. Aquino)
1. Injunction suits
2. Accion Publiciana
3. Writ of Possession Case WHEN DEMAND NOT NECESSARY
4. Action for Quieting of Title
5. Suits for Specific Performance with Damages
6. Action for Reformation of Instrument (1) There is a stipulation dispensing with a demand;
7. Action for Reconveyance of Property or “Accion (2) The ground for the suit is based on the expiration of
revindicatoria” lease. (Riano, 2016)
8. Suits for annulment of sale or title or document
affecting property (Riano, 2016)
SUMMARY PROCEDURE
WHEN IS JUDICIAL ACTION UNNECESSARY
GENERAL RULE
If the contracts of lease have long been expired.
All actions for forcible entry and unlawful detainer,
irrespective of the amount of damages or unpaid rentals
sought to be recovered, shall be governed by the summary
CONCEPT OF DEMAND IN UNLAWUL DETAINER CASE procedure hereunder provided.
EXCEPTION
Unless otherwise stipulated, such action by the lessor shall be
commenced only after demand to pay or comply with the Except in cases covered by the (1) agricultural tenancy laws
conditions of the lease and to vacate is made upon the lessee. or (2) when the law otherwise expressly provides.
(Section 2, Rule 70) PLEADINGS ALLOWED
The requirement for a demand implies that the mere failure The only pleadings allowed to be filed are the complaint,
of the occupant to pay rentals or to comply with the compulsory counterclaim and cross-claim pleaded in the
conditions of the lease does not ipso facto render his answer, and the answers thereto. All pleadings shall be
possession of the premises unlawful. It is the failure to comply verified. (Section 4, Rule 70)
with the demand to vacate that vests upon the lessor a cause
of action. (Larano vs. Spouses Calendacion)

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ANSWER sound discretion may impose on the movant. (Section 8, Rule

70)
Within ten (10) days from service of summons, the defendant
shall file his answer to the complaint and serve a copy thereof RECORD OF PRELIMINARY CONFERENCE
on the plaintiff. Affirmative and negative defenses not
pleaded therein shall be deemed waived, except lack of Within five (5) days after the termination of the preliminary
jurisdiction over the subject matter. Cross-claims and conference, the court shall issue an order stating the matters
compulsory counterclaims not asserted in the answer shall be taken up therein, including but not limited to:
considered barred. The answer to counterclaims or cross-
claims shall be served and filed within ten (10) days from 1. Whether the parties have arrived at an amicable
service of the answer in which they are pleaded. (Section 6, settlement, and if so, the terms thereof;
Rule 70) 2. The stipulations or admissions entered into by the
parties;
3. Whether, on the basis of the pleadings and the
EFFECT OF FAILURE TO ANSWER stipulations and admissions made by the parties,
judgment may be rendered without the need of further
Should the defendant fail to answer the complaint within the proceedings, in which event the judgment shall be
period above provided, the court, motu proprio or on motion rendered within thirty (30) days from issuance of the
of the plaintiff, shall render judgment as may be warranted order;
by the facts alleged in the complaint and limited to what is 4. A clear specification of material facts which remain
prayed for therein. The court may in its discretion reduce the controverted; and
amount of damages and attorney’s fees claimed for being 5. Such other matters intended to expedite the
excessive or otherwise unconscionable, without prejudice to disposition of the case. (Section 9, Rule 70)
the applicability of section 3 (c), Rule 9 if there are two or more
defendants. (Section 7, Rule 70)
SUBMISSION OF AFFIDAVITS AND POSITION
DEFENSE OF TENANCY PAPERS
Jurisdiction over the subject matter is determined by the Within ten (10) days from receipt of the order mentioned in
allegations in the complaint. Hence, the defenses in the the next preceding section, the parties shall submit the
answer do not determine jurisdiction. (Marino, Jr. vs. Gamilla) affidavits of their witnesses and other evidence on the factual
issues defined in the order, together with their position
While it is true that the jurisdiction of the court in a suit for papers setting forth the law and the facts relied upon by them.
ejectment or forcible entry is determined by the allegations in (Section 10, Rule 70)
the complaint, yet where tenancy is averred as a defense and
upon hearing, it is shown to be the real issue, the court should
dismiss the case for want of jurisdiction. (Ignacio vs. CFI
Bulacan)
PERIOD FOR RENDITION OF JUDGMENT
PRELIMINARY CONFERENCE
Not later than thirty (30) days after the last answer is filed, a GENERAL RULE
preliminary conference shall be held. The provisions of Rule
18 on pre-trial shall be applicable to the preliminary Within thirty (30) days after receipt of the affidavits and
conference unless inconsistent with the provisions of this position papers, or the expiration of the period for filing the
Rule. same, the court shall render judgment. (Section 11, Rule 70)
The failure of the plaintiff to appear in the preliminary EXCEPTION

conference shall be cause for the dismissal of his complaint.
The defendant who appears in the absence of the plaintiff However, should the court find it necessary to clarify certain
shall be entitled to judgment on his counterclaim in material facts, it may, during the said period, issue an order
accordance with the next preceding section. All cross-claims specifying the matters to be clarified, and require the parties
shall be dismissed. to submit affidavits or other evidence on the said matters
within ten (10) days from receipt of said order. (Id)
If a sole defendant shall fail to appear, the plaintiff shall
likewise be entitled to judgment in accordance with the next Note: Judgment shall be rendered within fifteen (15) days
preceding section. This procedure shall not apply where one after the receipt of the last affidavit or the expiration of the
of two or more defendants sued under a common cause of period for filing the same. Also, the court shall not resort to
action who had pleaded a common defense shall appear at the the foregoing procedure just to gain time for the rendition of
preliminary conference. the judgment. (Id.)
No postponement of the preliminary conference shall be REFERRAL FOR CONCILIATION

granted except for highly meritorious grounds and without
prejudice to such sanctions as the court in the exercise of Cases requiring referral for conciliation, where there is no
showing of compliance with such requirement, shall be
dismissed without prejudice, and may be revived only after

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that requirement shall have been complied with. (Section 12,

Rule 70)
JUDGMENT, IF ALLEGATIONS ARE TRUE
PRELIMINARY INJUNCTION AND PRELIMINARY If after trial the court finds that the allegations of the
MANDATORY INJUNCTION complaint are true, it shall render judgment in favor of the
plaintiff for the:
(1) Restitution of the premises,
The court may grant preliminary injunction, in accordance (2) The sum justly due as arrears of rent or as
with the provisions of Rule 58 hereof, to prevent the reasonable compensation for the use and
defendant from committing further acts of dispossession occupation of the premises,
against the plaintiff. (3) Attorney’s fees and costs.
A possessor deprived of his possession through forcible entry

or unlawful detainer may, within five (5) days from the filing
of the complaint, present a motion in the action for forcible
entry or unlawful detainer for the issuance of a writ of JUDGMENT, IF ALLEGATIONS NOT TRUE
preliminary mandatory injunction to restore him in his
possession. The court shall decide the motion within thirty
If it finds that said allegations are not true, it shall render
(30) days from the filing thereof. (Section 15, Rule 70)
judgment for the defendant to:
(1) Recover his costs.
(2) If a counterclaim is established, the court shall
render judgment for the sum found in arrears from
PRELIMINARY MANDATORY INJUNCTION either party and award costs as justice requires.
Possessor may present a motion for issuance of preliminary While damages seem to be recoverable, these are limited only
mandatory injunction in the action for forcible entry or to:
unlawful detainer within 5 days from filing of complaint to (1) Attorney’s fees
restore him in his possession. Court shall decide the motion (2) Costs
within 30 days from filing. (Sec. 30) (3) Unpaid Rentals and
(4) Reasonable Compensation
Preliminary mandatory injunction shall be available:
(1) At the start of the action; (Sec. 15) Note: Other damages can be claimed in another case (Reyes vs
(2) On appeal to the RTC upon motion of plaintiff CA, 38 SCRA 138, Baen vs CA, 125 SCRA 634)
within 10 days from perfection of appeal. (Sec. 20)
The injunction on appeal is to restore to plaintiff in

possession:
(1) If the court is satisfied that the defendant’s appeal JUDGMENT CONCLUSIVE ONLY ON POSSESSION; NOT
is frivolous or dilatory; or CONCLUSIVE IN ACTIONS INVOLVING TITLE OR
(2) That the appeal of plaintiff is prima facie
OWNERSHIP
meritorious. (Sec. 20)
Note: MTC can also issue a preliminary mandatory injunction
in an unlawful detainer case. (Day v. RTC of Zamboanga, 1990) The judgment rendered in an action for forcible entry or
detainer shall be conclusive with respect to the possession
only and shall in no wise bind the title or affect the ownership
of the land or building. Such judgment shall not bar an action
between the same parties respecting title to the land or
RESOLVING DEFENSE OF OWNERSHIP building. (Section 18, Rule 70)
When the defendant raises the defense of ownership in his

pleadings and the question of possession cannot be resolved
without deciding the issue of ownership, the issue of
REMEDY FOR JUDGMENT OR FINAL ORDER
ownership shall be resolved only to determine the issue of
possession. (Section 16, Rule 70)
The judgment or final order shall be appealable to the
Generally, the court will only determine the issue of appropriate Regional Trial Court which shall decide the same
possession. But if the issue on ownership is intertwined with on the basis of the entire record of the proceedings had in the
the issue of possession, the court may rule on ownership but court of origin and such memoranda and/or briefs as may be
the declaration of ownership is merely prima facie. submitted by the parties or required by the Regional Trial
Court. (Id.)

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HOW TO STAY IMMEDIATE EXECUTION OF JUDGMENT IMMEDIATE EXECUTION ON APPEAL TO COURT OF

APPEALS OR SUPREME COURT
GENERAL RULE
The judgment of the Regional Trial Court against the
If judgment is rendered against the defendant, execution shall defendant shall be immediately executory, without prejudice
issue immediately upon motion. (Section 19, Rule 70) to a further appeal that may be taken therefrom. (Section 21,
Rule 70)
EXCEPTION; WHAT NEEDS TO BE DONE TO STOP
THE ORDER OF EXECUTION
The defendant must take the following steps to stay the

execution of the judgment: DIFFERENTIATE UNLAWFUL DETAINER FROM
(1) Perfect an appeal; FORCIBLE ENTRY
(2) File a supersedeas bond to pay the rents, damages
and costs accruing down to the time of the
judgment appealed from; and UNLAWFUL FORCIBLE ENTRY
(3) Deposit periodically with the Regional Trial Court, DETAINER
during the pendency of the appeal, the adjugdjed The possession of the The possession of the
amount of rent under the contract or if there be no defendant is unlawful defendant is lawful from the
contract, the reasonable value of the use and from the beginning; issue beginning becomes illegal by
occupation of the premises. (Bugarin vs. People) is which party has prior reason of the expiration or
de facto possession; termination of his right to the
All the above requisites must concur. Thus even if the possession of the property;
defendant had appealed and filed a supersedeas bond, but The law does not require Plaintiff must first make such
failed to pay the accruing rentals, the appellate court could, previous demand for the demand which is
upon motion of the plaintiff, with notice to the defendant, and defendant to vacate; jurisdictional in nature;
upon proof of such failure, order the immediate execution of The plaintiff must prove The plaintiff need not have
the appealed decision without prejudice to the appeal taking that he was in prior been in prior physical
its course. Such deposit, like the supersedeas bonds, is a physical possession of possession;
mandatory requirement; hence, if it is not complied with, the premises until he was
execution will issue as a matter of right. (Antonio vs. Geronimo) deprived by the
defendant; and
The one-year period is The one-year period is
generally counted from counted from the date of last
the date of actual entry on demand
SUPERSEDEAS BOND the property.
Bond which will answer for all the amount due to the plaintiff
up to the date of the judgment.
RULES IN THE EXECUTION OF JUDGMENTS IN
Should be deposited within 15 days together with the notice
of appeal. EJECTMENT CASES
Make periodical deposits of the rents falling due during the A judgment on a forcible entry and detainer action is
pendency of the appeal every month. immediately executory and the court’s duty to order the
execution is practically ministerial. This rule applies when the
judgment is against the defendant. It does not apply when it
is the defendant that prevails.
PRELIMINARY MANDATORY INJUNCTION IN CASE OF
APPEAL
PERSONS BOUND BY THE JUDGMEN IN EJECTMENT
Upon motion of the plaintiff, within ten (10) days from the CASES
perfection of the appeal to the Regional Trial Court, the latter
may issue a writ of preliminary mandatory injunction to GENERAL RULE
restore the plaintiff in possession if the court is satisfied that
the defendant’s appeal is frivolous or dilatory, or that the The judgment in an ejectment case is binding only upon the
appeal of the plaintiff is prima facie meritorious. (Section 20, parties properly impleaded and given opportunity to be
Rule 70)

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heard. This is because an ejectment suit is an action in DUAL FUNCTION OF CONTEMPT PROCEEDINGS:
personam.
EXCEPTION (1) Vindication of public interest by punishment of

contemptuous conduct.
The judgment becomes binding on anyone who has not been (2) Coercion to compel contemnor to do what the law
impleaded if he or she is a: requires him to uphold the power of the Court and
(1) Tresspasser, squatter or agent of the defendant to secure the rights of the parties to a suit awarded
fraudulently occupying the property to frustrate by the Court.
the judgment;
(2) Guest or occupant of the premises with the
permission of the defendant;
(3) A transferee pendente lite; DIRECT CONTEMPT AND INDIRECT
(4) Sublessee; CONTEMPT,DISTSINGUISHED
(5) Co-lessee; and
(6) Member of the family, relative or privy of the
defendant. (Sunfloiwer Neighborhood Association vs. DIRECT CONTEMPT INDIRECT CONTEMPT
Court of Appeals) (SECTION 1) (SECTION 3)
Committed in the presence of Not committed within the

or so near the court presence of the court
Summary in nature There is a charge and a

CONTEMPT (Rule 71) hearing
Punishment: Punishment:
If before RTC – fine not If before RTC – fine not
CONTEMPT, DEFINED exceeding P2K or exceeding P30K or
imprisonment not exceeding imprisonment not exceeding 6
In simple terms, it is defiance of the authority of the court.
10 days or both; If before months or both; If before MTC
MTC – fine not exceeding – fine not exceeding P5K or
It is a disregard of or disobedience with the rules and orders
P200 or imprisonment not imprisonment not exceeding 1
of a judicial body, or an interruption of its proceedings by
exceeding 1 day or both month or both
disorderly behavior, or insolent language, in its presence or
so near thereto, as to disturb the proceedings or to impair the
Remedy is certiorari or Remedy is appeal
respect due to such body.
prohibition
The power to punish contempt is inherent in all courts; its
existence is essential to the preservation of order in judicial
proceedings and the enforcement of judgments, orders and Otherwise known as Otherwise known as
mandates of the court and consequently, to the contempt in facie curiae constructive contempt
administration of justice
DIRECT CONTEMPT
Rule 135 (5) – inherent power of courts – to compel obedience
to its orders, to maintain its dignity while proceedings are
going on; violation of such and a person can be held in Act committed in the presence of or so near the court or judge
contempt as to obstruct or interrupt the proceedings before the same.
INDIRECT CONTEMPT
KINDS OF CONTEMPT
Constructive contempt; one committed out or not in the

AS TO MANNER OF COMMISSION presence of the court. It is an act done in a distance which
tends to belittle, degrade, obstruct, interrupts, or embarrass
(1) Direct the court and justice, as in refusing to obey its order or lawful
(2) Indirect process and can be punished only after hearing.
AS TO NATURE
(1) Criminal
(2) Civil CRIMINAL CONTEMPT AND CIVIL CONTEMPT,
DISTINGUISHED

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CRIMINAL CIVIL CONTEMPT REMEDY OF A PERSON ADJUDGED IN DIRECT

CONTEMPT CONTEMPT
Punitive in nature; Compensatory or remedial

punishment The person adjudged in direct contempt by any court may not
appeal therefrom, but may:
Intent is a necessary Intent is immaterial (1) Avail himself of the remedies of certiorari or
element prohibition.
(2) The execution of the judgment shall be suspended
State is the real Aggrieved party or his pending resolution of such petition, provided
prosecutor successor or someone who such person:
has pecuniary interest in the a. Files a bond fixed by the court which
right to be protected rendered the judgment; and
b. Conditioned that he will abide by and
The defendant is There is no presumption, perform the judgment should the petition be
presumed innocent and although the burden of decided against him. (Section 2, Rule 71)
the burden is on the proof is on the complainant,
prosecution to prove and while the proof need
charges beyond not be beyond reasonable
reasonable doubt doubt, it must amount to
PENALTIES
more than mere
preponderance of evidence
OFFENSE PENALTY
If RTC or a court of Fine not exceeding P2,000
equivalent or higher rank and/or Imprisonment not
CIVIL CONTEMPT, DEFINED
exceeding 10 days or both
If lower court: Fine not exceeding P200
Consists in the failure to do something ordered to be done by and/or Imprisonment not
a court or judge in a civil case for the benefit of the opposing exceeding 1 day or both
party therein. (Section 1, Rule 71)
CRIMINAL CONTEMPT, DEFINED SPECIFIC ACTS PUNISHABLE AS INDIRECT CONTEMPT
Consists in the conduct that is directed against the authority A person guilty of the following acts may be punished for
and dignity of the court or of a judge acting judicially, as in indirect contempt:
unlawfully assailing or discrediting the authority and dignity (1) Misbehavior of an officer of a court in the
of the court or judge, or in doing a forbidden act. performance of his official duties or in his official
transactions;
(2) Disobedience or resistance to a lawful writ, process,
order, or judgment of a court
(3) Any abuse of or any unlawful interference with the
NO FORMAL PROCEEDING REQUIRED, SUMMARY processes or proceedings of a court not constituting
PROCEEDINGS direct contempt;
(4) Any improper conduct tending, directly or
indirectly, to impede, obstruct, or degrade the
The court may proceed, upon its own knowledge of the facts administration of justice;
without further proof and without issue or trial in any form, (5) Assuming to be an attorney or an officer of a court,
to punish a contempt committed directly under its eye or and acting as such without authority;
within its view. (6) Failure to obey a subpoena duly served
(7) The rescue, or attempted rescue, of a person or
BUT there must be adequate facts to support a summary property in the custody of an officer by virtue of an
order for contempt in the presence of the court. The exercise order or process of a court held by him. (Riano,
of the summary power to imprison for contempt is a delicate 2016)
one and care is needed to avoid arbitrary or oppressive
conclusions. (Lorenzo Shipping vs. DMAP, 2011)
CLEAR AND PRESENT DANGER RULE IN CONTEMPT

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It means that the evil consequence of the comment must be WHERE CHARGE TO BE FILED IF AGAINST RTC
extremely serious and the degree of imminence extremely
high before an utterance can be punished. There must be exist
a clear and present danger that the utterance will harm the Where the charge for indirect contempt has been committed
administration of justice. (Marantan vs. Diokno, 2014) against a Regional Trial Court or a court of equivalent or
higher rank, or against an officer appointed by it, the charge
may be filed with such court. (Section 5, Rule 71)
REMEDY OF A PERSON ADJUDGED IN INDIRECT

CONTEMPT
WHERE CHARGE TO BE FILED IF COMMITTED AGAINS
LOWER COURT
The judgment or final order of a court in a case of indirect
contempt may be:
a. Appealed to the proper court as in criminal cases. Where such contempt has been committed against a lower
(Section 11, Rule 71) court, the charge may be filed with the Regional Trial Court
of the place in which the lower court is sitting; but the
Note: But execution of the judgment or final order shall not proceedings may also be instituted in such lower court subject
be suspended until a bond is filed by the person adjudged in to appeal to the Regional Trial Court of such place in the same
contempt, in an amount fixed by the court from which the manner as provided in section 2 of this Rule. (Id)
appeal is taken, conditioned that if the appeal be decided
against him he will abide by and perform the judgment or
final order. (Id.)
Generally, a non-party may not be liable for contempt unless HEARING; RELEASE ON BAIL
he is guilty of conspiracy with any of the parties in violating
the court’s orders. (Desa Ent. Inc. v. SEC, 1982) If the hearing is not ordered to be had forthwith, the
respondent may be released from custody upon filing a bond,
A contempt proceeding, whether civil or criminal, is still a in an amount fixed by the court, for his appearance at the
criminal proceeding, hence, acquittal is a bar to a second
hearing of the charge. On the day set therefor, the court shall
prosecution. The distinction is for the purpose only of
proceed to investigate the charge and consider such comment,
determining the character of the punishment to be
testimony or defense as the respondent may make or offer.
administered. (Santiago v. Anunciacion, 1990) (Section 6, Rule 71)
PENALTIES (SEC 7, RULE 71)

HOW CONTEMPT PROCEEDINGS ARE COMMENCED
OFFENSE PENALTY Proceedings for indirect contempt may be initiated motu

Against RTC, or Fine not exceeding P30,000 proprio by the court against which the contempt was
court of equivalent and/or Imprisonment not committed by an order or any other formal charge requiring
or higher rank exceeding 6 month, or both the respondent to show cause why he should not be punished
Committed against Fine not exceeding P500, and/or for contempt.
lower court Imprisonment not exceeding 1
month, or both In all other cases, charges for indirect contempt shall be
Contempt consists in Offender may also be ordered to commenced by a verified petition with supporting particulars
violation of a writ of make complete restitution to the and certified true copies of documents or papers involved
injunction, TRO, or party injured by such violation of therein, and upon full compliance with the requirements for
status quo order the property involved or such filing initiatory pleadings for civil actions in the court
amount as may be alleged and concerned. If the contempt charges arose out of or are related
proved. to a principal action pending in the court, the petition for
Committed against a Penalty shall depend upon the contempt shall allege that fact but said petition shall be
person or entity provisions of the law which docketed, heard and decided separately, unless the court in
exercising authorizes penalty for contempt its discretion orders the consolidation of the contempt charge
quasijudicial against such persons or entities and the principal action for joint hearing and decision. (Section
functions (Sec. 12, Rule 71) 4, Rule 71)

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for the benefit of the party injured. If there is no aggrieved

party, the bond shall be liable and disposed of as in criminal
cases. (Section 9, Rule 71)
Summary of Procedure for Indirect Contempt
COURT MAY RELEASE RESPONDENT

PROCEDURE FOR INDIRECT CONTEMPT
Who Court Motu Party
Initiates Propio The court which issued the order imprisoning a person for
contempt may discharge him from imprisonment when it
How it is By order or any By a verified petition
appears that public interest will not be prejudiced by his
initiated written charge with supporting
release. (Section 10, Rule 71)
requiring particulars and certified
respondent to true copy of documents
show cause why or papers involved and
he should not be full compliance with the
held in contempt requirements for filing CONTEMPT AGAINST QUASI-JUDICIAL BODIES
initiatory pleadings in
ordinary civil actions
Where it is Where the contempt is directed against the Unless otherwise provided by law, this Rule shall apply to
initiated RTC or equivalent or higher rank; contempt committed against persons, entities, bodies or
agencies exercising quasi-judicial functions, or shall have
When the contempt is directed against a suppletory effect to such rules as they may have adopted
lower court: pursuant to authority granted to them by law to punish for
RTC of the place where the lower court is contempt. The Regional Trial Court of the place wherein the
sitting or contempt has been committed shall have jurisdiction over
In the same lower court subject to appeal to such charges as may be filed therefor. (Section 12, Rule 71)
the higher court
Hearing and If hearing is not immediately conducted,
Bail respondent may be released upon the filing
of the bond in the amount fixed by the court
Appeal Appeal may be taken in proper courts as in CRITICISM OF COURTS
criminal cases
Execution of Execution of judgment shall not be
The power to punish contempt does not, however, render the
Judgment suspended even by appeal unless bond if
courts impenetrable to public scrutiny nor does it place them
filed conditioned upon the performance by
beyond the scope of legitimate criticism.
the respondent of that judgment should it be
decided against him on appeal
However, it shall be bona fide, and shall not spill over the
walls of decency and propriety. (Garcia vs. Manrique, 2012)
WHEN IMPRISONMENT SHALL BE IMPOSED

CONTEMPT IN RELATION TO EXECUTION OF
When the contempt consists in the refusal or omission to do JUDGMENTS
an act which is yet in the power of the respondent to perform,
he may be imprisoned by order of the court concerned until
he performs it. (Section 8, Rule 71) When the subject of execution is a special judgment which
directs the performance of an act other than the payment of
money, sale or delivery of property or those other than the
payment of money, sale or delivery of property, the judgment
PROCEEDING WHEN PARTY RELEASED ON BAIL FAILS can be complied with only by the judgment ibligor or officer
TO ANSWER so directed by the judgment and not anyone else. This kind of
judgment, like in mandamus, is specifically directed to the
person required to obey the same. Hence, if disobeyed, shall
be punished for contempt. (Riano, 2016)
When a respondent released on bail fails to appear on the day
fixed for the hearing, the court may issue another order of
arrest or may order the bond for his appearance to be forfeited
and confiscated, or both; and, if the bond be proceeded
against, the measure of damages shall be the extent of the loss CONTEMPT POWERS OF THE LEGISLATURE;
or injury sustained by the aggrieved party by reason of the LEGISLATIVE INVESTIGATIONS
misconduct for which the contempt charge was prosecuted,
with the costs of the proceedings, and such recovery shall be

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While recognizing the congressional power to conduct

legislative inquiries, also provides for the following
limitations to the power:
(1) It must be exercised in aid of legislation;
(2) It must be in accordance with the duly published
rules of procedure; and
(3) The rights of persons appearing in or affected by
such inquiries shall be respected. (Riano, 2016)
CONTEMPT POWER OF LOCAL LEGISLATIVE BODIES
There being no express provision in the LGC explicitly

granting local legislative bodies, the power to issue
compulsory process and the power to punish for contempt,
the Sangguniang Panlungsod of Dumaguete is devoid of
power to punish the petitioners Torres and Umbac for
contempt. The Ad-Hoc Committee of said legislative body
has even less basis to claim that it can exercise these powers.
(Negros Oriental II Electric Cooperative vs. Sangguniang
Panlungsod)

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SUMMARY TABLE OF SPECIAL CIVIL ACTIONS
Grounds Parties How Filed Venue Jurisdiction
INTERPLEADER Requisites: Plaintiff - Any person claims no Complaint Plaintiff’s or MTC – value of claim or personal
5. The plaintiff claims no interest interest in the subject matter, or if he Defendant’s property does not exceed P300K
in the subject matter, or if he has an has an interest, his claim is not Residence outside Metro Manila or
interest, his claim is not disputed; disputed; MeTC – does not exceed P400K in
6. There must be at least 2 or more Metro Manila;
conflicting claimants; Defendants - Any person claiming
7. The conflicting claims are made interest in the subject matter against MTC - if real property: does not exceed
against the same person (plaintiff); the Plaintiff P20K and the case is filed outside
8. The subject matter must be one Metro Manila
and the same (and derived from the MeTC – does not exceed P50K in Metro
same source). Manila
RTC – if the value exceeds the amounts

above or if exclusively within RTC’s
jurisdiction i.e. incapable of pecuniary
estimation
DECLARATORY REQUISITES OF AN ACTION All persons who have or claim any Petition Petitioner’s or GR: RTC, because it is incapable of
RELIEF AND FOR DECLARATORY RELIEF interest which would be affected by Respondent’s pecuniary estimation.
OTHER the declaration shall be made Residence
SIMILAR (9) The subject matter must be a parties; and no declaration shall, XPN: If the petition has far-reaching
REMEDIES. deed, will, contract or other except as otherwise provided in the implications and it raises questions that
written instrument, statute, Rules, prejudice the rights of should be resolved, it may be treated as
- executive order or regulation or persons not parties to the one for prohibition or for mandamus,
REFORMATION ordinance; action. (Sec 2, Rule 63) which the SC and CA may take
OF AN (10) The terms of said document or cognizance
INSTRUMENT the validity thereof are doubtful In any action which involves the
and require judicial validity of a statute, executive order NOTE: Where the action is one for
- construction; or regulation, or any other quieting of title the jurisdiction will
CONSOLIDATI (11) There must have been no governmental regulation, depend upon the assessed value of the
ON OF breach of said document; the Solicitor General shall be property.
OWNERSHIP (12) There must be actual justiciable notified by the party assailing the
controversy or the ripening same and shall be entitled to be
- QUIETING OF seeds of one( there is threatened heard upon such question. (Sec 3,
TITLE litigation the immediate future); Rule 63).
there must be allegation of any
threatened, imminent and In any action involving the validity
inevitable violation of of a local government ordinance, the
petitioner‘s right sought to be corresponding prosecutor or

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prevented by the declaratory attorney of the local governmental

relief sought; unit involved shall be similarly
(13) The controversy is between notified and entitled to be heard. If
persons whose interests are such ordinance is alleged to be
adverse; unconstitutional, the Solicitor
(14) The issue must be ripe for General shall also be notified and
judicial determination e.g. entitled to be heard. (Sec 4, Rule 63).
administrative remedies
already exhausted;
(15) The party seeking the relief has
legal interest in the controversy;
and
(16) Adequate relief is not available
thru other means.
REVIEW OF Grave abuse of discretion Petitioner - Any person aggrieved Petition - Petition - See Rule 65 See Rule 65
ADJUDICATIO amounting to lack or excess of by the decision of the COMELEC or Filed within 30 days
N OF THE jurisdiction. (GADALEJ) COA from notice of the
COMELEC AND judgment;
COA; No other plain, speedy, adequate Respondent - Public Respondent
remedy. (COMELEC and COA) The filing of a motion
for reconsideration or a
Private Respondent - Same as Rule motion for new trial if
65 allowed, interrupts the
period for the filing of
the petition for
certiorari.
If the motion is denied,

the aggrieved party
may file the petition
within the remaining
period, but which shall
not be less than 5 days
reckoned from the
notice of denial.
CERTIORARI, Certiorari Certiorari - Directed against a Petition RTC of the place Supreme Court - Original Jurisdiction
PROHIBITION 1. The entity acted – person exercising to judicial or where the Note: Follow Doctrine of Hierarchy of
AND a. Without jurisdiction; quasi-judicial functions respondent is Courts ,except for meritorious cases,
MANDAMUS b. In excess of jurisdiction; or situated. SC can entertain the petition.
c. With GADALEJ Prohibition - Directed against a
person exercising judicial or quasi-

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2. There is no appeal or any judicial functions, or ministerial -If filed with the Court of Appeals - whether or not in
other plain, speedy, and functions. Sandiganbayan, the aid of its appellate jurisdiction, and
adequate remedy in the location of the unless otherwise provided, in its
ordinary course of law Directed against a person exercising respondent is exclusive jurisdiction when it involves
ministerial duties. immaterial the acts or omission of quasi-judicial
Prohibition bodies.
1. The entity acted Petitioner - Any person aggrieved by
a. Without jurisdiction; the decision (judicial or quasi- Sandiganbayan - if it is in aid of
b. In excess of jurisdiction; or judicial bodies) or acts (ministerial appellate jurisdiction.
c. With GADALEJ duties)
2. There is no appeal or any Regional Trial Court - exercising
other plain, speedy, and Respondent - Public Respondent jurisdiction over the area
adequate remedy in the and Private Respondent (The private
ordinary course of law respondent will appear and defend
in his own behalf and the public
Mandamus respondent)
1. The entity –
a. Unlawfully neglected a
ministerial duty; or
b. Unlawfully excluded
another from the use and
enjoyment of a right or
office to which one is
entitled.
2. There is no appeal or any

other plain, speedy, and adequate
remedy in the
ordinary course of law.
QUO Under Rule 66 Under Rule 66 Under Rule 66 RTC of the place RTC, CA, SC
WARRANTO 1. A person, who usurps, intrudes 1. Solicitor General or Public Petition - must be filed where the
into or unlawfully holds or exercise Prosecutor (a) In behalf of the within 1 year from respondent or any of QUO WARRANTO UNDER RULE 66
a public office, position or franchise; Republic or (b) upon the request or ouster or from the time the respondents Sandiganbayan has exclusive original
relation of another person. the right to the position resides jurisdiction on quo warranto arising or
2. A public officer, who does or arose; that may arise in cases filed under EO
suffers an act which, by provision of 2. Individual claiming to be entitled -if filed with the CA, No. 1,2,14,14-A but this must be in aid
law, constitutes a to a public office or position Under Omnibus SC or of its appellate jurisdiction and not
ground for forfeiture of office. usurped or unlawfully held or Election Code Sandiganbayan, exclusive of the SC
exercised by another. Petition - Within 10 location of
Under Omnibus Election Code days after respondent is QUO WARRANTO UNDR THE
1. Ineligibility Under Omnibus Election Code proclamation of immaterial OMNIBUS ELECTION CODE
2. Disloyalty to the Republic Any Voter results; Comelec, RTC OR MTC as the case
-if SolGen may be
commenced the
action, it should be
with the RTC-

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Manila or CA, or SC
or Sandiganbayan
Sandiganbayan has
exclusive original
jurisdiction on quo
warranto cases filed
by the PCGG
EXPROPRIATIO REQUISITES FOR THE VALID Plaintiff - National Government Complaint Location of the real RTC – incapable of pecuniary
N EXERCISE OF THE Agency (RA 8974) or Local property or a estimation
RIGHT OF EMINENT DOMAIN Government Unit An expropriation portion thereof;
1. Property to be taken must be proceeding is If personal property,
private; Defendant - Any private individual commenced by the plaintiff’s or
or Entity filing of a verified defendant’s
2. There must be due process of law; complaint which shall: residence
(a) State with certainty
3. Payment of just compensation; the right of the plaintiff
and to expropriation and
the purpose thereof;
4. Taking must be for public use (b) Describe the real or
personal property
sought to be
expropriated; and
(c) Join as defendants
all persons owning or
claiming to own, or
occupying, any part of
the property or interest
therein showing as far
as practicable the
interest of each
defendant. If the
plaintiff cannot with
accuracy identify the
real owners, averment
to that effect must be
made in the complaint
(Sec. 1).
FORECLOSURE Foreclosure of REM presupposes Plaintiff Complaint - which Location of Real RTC – incapable of pecuniary
OF REAL that the debtor failed to pay his debt Mortgage Creditor or any of his shall set forth the Property or a estimation
ESTATE despite demand. The default of the assignee following: portion thereof
MORTGAGE debtor must first be established. (1) The date and due MTC OR RTC- an action to forclose a
Such default occurs when payment Defendants execution of the rem may also be considered an action
is not mortgage; involving interest in real property.

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made after a valid demand, unless (1) Mortgage debtor – the one who Under B.P. 129, as amended, where the
the contract between the parties borrowed money and mortgaged (2) its assignments, if action is one “involving title to, or
carries with it a stipulation that his property any; the names and possession of, real property or any
demand is not residences interest therein, jurisdiction depends
necessary for default to arise. (Riano, (2) Mortgagor or owner, if the of the mortgagor and on the assessed value (MTC: not more
2016) debtor is another person – when the mortgagee; than 20k or in Metro Manila not more
person who owns the property that 50K; mortgage debt not more than
mortgaged it to (3) a description of the 300k or in Metro Manila not more than
accommodate the loan of the debtor mortgaged property; 400k, othwerwise the action shall be
filed in RTC (Riano/ Feria and Noche
(3) All persons having or claiming (4) a statement of the 2007)
an interest in the date of the note or
Premises subordinate in the right to other
that of the holder of the mortgage documentary evidence
of the obligation
secured
by the mortgage,
(5) the amount claimed

to be unpaid thereon;
and
(6) the names and

residences of all
persons having or
claiming an interest in
the property
subordinate in
right to that of the
holder of the
mortgage, all of
whom shall be made
defendants in the
action.
PARTITION Partition presupposes the existence The plaintiff is a person who is The action shall be Location of Real RTC – incapable of pecuniary
of a co-ownership over a property supposed to be a co-owner of the brought by the person Property or a portion estimation
between two or more persons. Thus, property or estate sought to be who has a right to thereof (IF SEVERAL
it was ruledthat a division of partitioned. The defendants are all compel the partition of DISCTINCT However, an action for partition of real
property cannot be ordered by the the co-owners. All the co-owners real estate (Sec. 1) or of PARCELS OF LAND property also involves “interest in real
court must be joined. Accordingly, an an estate composed of ARE IN DIFF property.” All civil actions involving
unless the existence of co-ownership action will not lie without the joinder personal property, or PROVINCES, title to, or possession of, real property
is first established, and that an action of all co-owners and other persons both real and personal VENUE MAY BE IN or any interest therein, the jurisdction
for partition will not lie if the having interest in the property property (Sec. 13). RTC OF ANY OF depend on the assessed value. (Sec
claimant has no rightful interest in (Reyes vs. Cordero, 46 Phil. 658). All SAID PROVINCES); 19(2) of BP 129 as amended)
If personal property,

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the property. (Co Giuk Lun vs. Co., the co-owners, therefore, are plaintiff’s or
2011) indispensable parties. defendant’s MTC – personal property not more
residence than 300K and in Metro Manila not
more than 400K; real property not
more than 20K and in metro manila not
more than 50K. beyond these, RTC.
(Feria cited by Riano)
FORCIBLE Forcible Entry Forcible Entry <- See Column 2 Location of the MTC, MCTC, METC or MTCC (1st
ENTRY AND - Possession by the defendant Property level courts)
UNLAWFUL is unlawful from the beginning as he A person deprived of the possession
DETAINER acquires possession by force, of any land or building by force,
intimidation, threat, strategy or intimidation, threat, strategy, or
stealth. stealth, or a lessor, vendor, vendee,
- Plaintiff must prove that he or other person against whom the
was in prior possession. possession of any land or building is
- 1 year period reckoned from unlawfully withheld after the
the date of actual entry expiration or termination of the
right to hold possession, by virtue of
Unlawful Detainer any contract, express or implied, or
- Possession is inceptively lawful but the legal representatives or assigns
it becomes illegal of any such lessor, vendor, vendee,
by reason of the termination or other person, may, at any time
of the right. within one (1) year after such
- Demand is jurisdictional if unlawful deprivation or
the ground is non-payment withholding of possession, bring an
of rentals or failure to comply with action
the lease contract.
- No need of prior possession.
- 1 year period reckoned from the Unlawful Detainer
date of the last demand
Unless otherwise stipulated, such
General Rule: Only the issue of the action by the lessor shall be
right of possession is adjudicated commenced only after demand to
pay or comply with the conditions
Exception: Issue of ownership may of the lease and to vacate is made
be adjudicated only to determine the upon the lessee, or by serving
right of po written notice of such demand upon
the person found on the premises,
or by posting such notice on the
premises if no person be found
thereon, and the lessee fails to
comply therewith after fifteen (15)
days in the case of land or five (5)
days in the case of buildings

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CONTEMPT Direct Contempt Direct Contempt - Direct Contempt MTC, RTC, CA or SC

Summarily adjudged - Where the court
- Guilty of misbehavior in the in contempt involved is sitting
presence of or so near a court as to
obstruct or interrupt the Indirect Contempt Indirect
proceedings before the same, Proceedings for Contempt
indirect contempt may
- Disrespect toward the court, be initiated motu - Where the charge
propio by the court for indirect
- Offensive personalities toward against which the contempt has been
others, contempt was committed against a
committed by an order Regional Trial Court
- Refusal to be sworn or to answer as or any other formal or a court of
a witness, charge requiring the equivalent or higher
respondent to show rank, or against an
- Refusal to subscribe an affidavit or cause why he should officer appointed by
deposition when lawfully required not be punished for it, the charge may be
to do so. contempt. filed with such
In all other cases, court. Where such
Indirect Contempt charges for indirect contempt has been
contempt shall be committed against a
(a) Misbehavior of an officer of a commenced by a lower court, the
court in the performance of his verified petition with charge may be filed
official duties or in his official supporting particulars with the Regional
transactions; and certified true Trial Court of the
copies of documents or place in which the
(b) Disobedience of or resistance to a papers involved lower court is
lawful writ, process, order, or therein, and upon full sitting; but the
judgment of a court, including the compliance with the proceedings may
act of a person who, after being requirements for filing also be instituted in
dispossessed or ejected from any initiatory pleadings for such lower court
real property by the judgment or civil actions in the subject to appeal to
process of any court of competent court concerned. If the the Regional Trial
jurisdiction, enters or attempts or contempt charges Court of such place
induces another to enter into or arose out of or are in the same manner
upon such real property, for the related to a principal as provided in
purpose of executing acts of action pending in the section 11
ownership or possession, or in any court, the petition for
manner disturbs the possession contempt shall allege
given to the person adjudged to be that fact but said
entitled thereto; petition shall be
docketed, heard and
(c) Any abuse of or any unlawful decided separately,
interference with the processes or unless the court in its

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proceedings of a court not discretion orders the

constituting direct contempt under consolidation of the
section 1 of this Rule; contempt charge and
the principal action for
(d) Any improper conduct tending, joint hearing and
directly or indirectly, to impede, decision.
obstruct, or degrade the
administration of justice;
(e) Assuming to be an attorney or an

officer of a court, and acting as such
without authority;
(f) Failure to obey a subpoena duly

served;
(g) The rescue, or attempted rescue,

of a person or property in the
custody of an officer by virtue of an
order or process of a court held by
him.

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SPECIAL PROCEEDINGS
DEFINITION
A Special Proceeding is a remedy by which a party seeks to
establish a status, a right, or a particular fact. (Rule 1, Section
3 (c))
SUBJECT MATTER OF SPECIAL PROCEEDINGS
1. Settlement of estate of deceased persons

2. Escheat
3. Guardianship and custody of children
4. Trustees
5. Adoption
6. Rescission and revocation of adoption
7. Hospitalization of insane persons
8. Habeas Corpus
9. Change of name
10. Voluntary dissolution of corporations
11. Judicial approval of voluntary recognition of minor
natural children
SPECIAL 12. Constitution of Family Home*

13. Declaration of absence and death
14. Cancellation or correction of entries in the civil registry
PROCEEDINGS *1ST NOTE: Constitution of Family Home is already

obsolete. Under the Family Code, there is no need to
constitute the family home judicially or extrajudicially. All
family homes constructed after the effectivity of the Family
Code are constituted as such by operation of law.
2ND NOTE: The list in Rule 72, Section 1 is not exclusive.

A petition for liquidation of an insolvent corporation should
be classified a special proceeding because it only seeks a
declaration of the corporation's state of insolvency and the
concomitant right of creditors and the order of payment of
their claims in the disposition of the corporation's assets.
(Pacific Banking Corporation Employees’ Organization v. CA, 242
SCRA 493)
3RD NOTE: There are cases where due to another governing

law, the rules on special proceedings do not apply. Article 41
of the Family Code provides that for the purpose of
contracting the subsequent marriage in case of an absentee
spouse, the spouse present must institute a summary
proceeding for the declaration of presumptive death of the
absentee, without prejudice to the effect of a reappearance of
the absent spouse. (Republic v. CA, Madrona and Jomoc, 458
SCRA 200)
DISTINCTIONS BETWEEN ORDINARY CIVIL ACTION

AND SPECIAL PROCEEDINGS
Ordinary Civil Action Special Proceeding

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1. An affirmative relief for 1. No cause of action needed. ● If the value of the estate ● If the value of the estate
injury arising from a party’s What is necessary is the does not exceed P400,000: does not exceed P300,000:
wrongful act or omission is establishment of a status, right, Municipal Trial Court Municipal Trial Court,
prayed for. Thus, cause of or a particular fact. ● If above P400,000: Metropolitan Trial
action is necessary. Regional Trial Court Courts, Municipal Circuit
Trial Courts
● If above P300,000:
Regional Trial Court
2. Initiated by filing a 2. Initiated by filing a Petition.
Complaint. The Defendant files The Defendant files an
an Answer. Opposition.
VENUE IN JUDICIAL SETTLEMENT OF ESTATE
3. Parties involved are 3. Parties are not adversaries,
adversaries. except when in the course of the (Sec. 1, Rule 73)
proceedings, there are
oppositors.
The decedent’s will shall be proved, or letters of
administration granted, and his estate be settled in:
4. Nature is in personam: 4. Nature is in rem:
Jurisdiction is acquired through Jurisdiction is acquired through
service of summons or publication [binding against the Inhabitant of the Inhabitant of a Foreign
voluntary appearance whole world]
Philippines (Whether Country
Citizen or Alien)
5. Summons required for 5. Summons required for due
acquisition of jurisdiction. process purposes only.
CFI of the Province/City CFI of any province
where decedent resides at wherein decedent had his
NOTE: In the absence of special provisions, the rules the time of his death estate.
provided for in the ordinary actions as far as practicable,
applies in special proceedings. (Rule 72, Section 2)
“Resides” should be viewed as the personal, actual or
“Practicable” means that it may be applied in special physical habitation of a person, his actual residence or place
proceedings where doing so would not pose an obstacle to of abode. It signifies physical presence in a place and actual
said proceedings. (Alan Sheker v. Estate of Alice Sheker, 534 stay thereat. (Garcia Fule v. CA, 74 SCRA 189)
SCRA 62)
EXCLUSIONARY RULE: The court first taking cognizance of
the settlement of the estate of a decedent, shall exercise
jurisdiction to the exclusion of all other courts. (Sec. 1, Rule 73)
SETTLEMENT OF ESTATE OF DECEASED

PERSONS, VENUE, AND PROCESS EXTENT OF JURISDICTION OF PROBATE COURT
The probate court exercises limited jurisdiction. Its

As a rule, when a person dies leaving property, the same jurisdiction merely relates to matters having to do with the
should be judicially administered and the competent court settlement of the estate and the probate of wills, the
should appoint a qualified administrator. appointment and removal of administrators, executors,
guardians and trustees, examples of which are:
Settlement of a deceased person’s estate may be:
1. Testate: Decedent left a will. Necessitates a 1. Liquidation of Estate
Probate Proceedings. 2. Administration of the Estate
2. Intestate: Decedent left no will. 3. Distribution of the Estate
4. Testamentary Capacity of Testator
5. Compliance with Formalities of the Will as prescribed by
law (Camaya v. Patulandong, G.R. 144915, February 23,
NATURE 2004)
It is a proceeding in rem which is binding against the whole
General rule: Questions as to title to property cannot be passed
world. All persons having interest in the subject matter
upon on testate or intestate proceedings.
involved, whether notified or not, are equally bound.
Exceptions:
JURISDICTION 1. In a provisional manner to determine whether said
property should be included in the inventory, without
The exercise of jurisdiction depends upon the gross value of prejudice to final determination of title in a separate
the estate of the decedent. (B.P. 129, as amended by R.A. 7691) action. (Cuizon v. Ramolete, 129 SCRA 495)
2. With consent of all the parties. without prejudice to the
rights of third persons (Trinidad v. CA, G.R. No. 75579
(1991))
Within Metro Manila Outside Metro Manila 3. If the question is one of collation or advancement (Coca
v. Borromeo, 81 SCRA 278)

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4. When the estate consists of only one property (Portugal General rule: When a person dies leaving property, the same
v. Portugal-Beltran, 467 SCRA 184) should be judicially administered and the competent court
should appoint a qualified administrator.
Exceptions:
POWERS AND DUTIES OF THE PROBATE COURT 1. Extrajudicial Settlement of Estate
2. Summary Settlement of Estates of Small Value
1. Issue warrants and processes necessary to compel the
attendance of witnesses or to carry into effect its orders
and judgments, and all other powers granted it by law.
(Sec. 3, Rule 73) EXTRAJUDICIAL SETTLEMENT BY AGREEMENT
2. Issue a warrant for the apprehension and imprisonment BETWEEN HEIRS
of a person who defies a probate order until he performs
such order or judgment, or is released. (Sec. 3, Rule 73) An extrajudicial settlement of estate is valid when the
3. Order the probate of the will of the decedent. (Sec. 3, Rule following are present:
73)
4. Grant letters of administration to the party best entitled 1. The decedent died intestate
thereto or to any qualified applicant (Sec. 5, Rule 79) 2. The estate has no outstanding debts at the time of the
5. Supervise and control all acts of administration, hear settlement
and approve claims against the estate of the deceased. 3. The heirs are all of age, or the minors are represented by
(Sec. 11, Rule 86) their judicial guardians or legal representatives
6. Order the payment of lawful debts. (Sec. 11, Rule 88) 4. The settlement is made in a public instrument,
7. Authorize the sale, mortgage or any encumbrance of real stipulation, or affidavit duly filed with the register of
estate. (Sec. 2, Rule 89) deeds
8. Direct the delivery of the estate to those entitled thereto. 5. The fact of such extrajudicial settlement must be
(Sec. 1, Rule 90) published in a newspaper of general circulation in the
province once a week for 3 consecutive weeks
PROCEDURE FOR JUDICIAL SETTLEMENT OF ESTATE 6. In case of personal property, a bond equivalent to the
value of the personal property posted with the Register
Petition for Probate of Will
of Deeds.
Court order fixing the time and place for probate WHEN ALLOWED
Extrajudicial Settlement of Estate is allowed only in Intestate
Publication of hearing for 3 consecutive weeks. Succession.
Notice shall be given to the designated/known heirs,
legatees, and devisees, and the executor (if the
petitioner is not the testator) TWO YEAR PRESCRIPTIVE PERIOD
Issuance of Letters Testamentary/Administration Creditors who have a claim against the estate must file a
petition for letters of administration within 2 years after the
death of the decedent. If no creditor files a petition, it shall be
Publication of Notice for Filing Claims presumed that the decedent left no debts. (Rule 74 Section 1)
AFFIDAVIT OF SELF-ADJUDICATION BY SOLE HEIR

Issuance of Order of Payment or Sale of Properties
It is an affidavit executed by the sole heir of a deceased
person, adjudicating to himself the decedent’s entire estate,
which shall be filed in the office of the register of deeds.
Payment of Claims:
Sale/Mortgage/Encumbrance of Estate Properties
The sole heir simultaneously files a bond with said register of
deeds in an amount equivalent to the value of the personal
Distribution of remainder, if any property involved. (Festin)
(Note: may be made prior payment of claims if a
bond is filed by the heirs)
PROCEDURE FOR EXTRAJUDICIAL SETTLEMENT OF
ESTATE
Divide the Estate among themselves by:

SUMMARY SETTLEMENT OF ESTATES 1. A public instrument
2. If they disagree: In an ordinary action of

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DISTINCTIONS BETWEEN EXTRAJUDICIAL

partition
3. If only one heir: Affidavit of Self-
SETTLEMENT OF ESTATE AND SUMMARY
Adjudication SETTLEMENT OF ESTATES OF SMALL VALUE
Extrajudicial Settlement of Settlement of Estates of

Estate Small Value
The public instrument or Affidavit of Self-
Adjudication must be filed in the office of the
Register of Deeds
Does not require court Involves judicial
intervention adjudication although in a
summary proceeding
The parties shall file (simultaneously and as a
condition precedent) a bond in an amount equivalent Value of the estate is Applies only where the
to the value of the personal property involved, with immaterial gross estate does not exceed
the Register of Deeds P10,000. The amount is
jurisdictional.
The fact of extra-judicial settlement or administration Allowed only in intestate Allowed in both testate and
shall be published in a newspaper of general succession intestate estates
circulation, once a week for 3 consecutive weeks
Proper only when there are Available even if there are
no outstanding debts of the debts, as the court will
estate at the time of make provisions for the
settlement payment thereof
SUMMARY SETTLEMENT OF ESTATES OF SMALL
VALUE, WHEN ALLOWED Can be resorted only at the May be instituted by any
instance and by agreement interested party and even
Summary Settlement of Estates of Small Value refers to a: of all the heirs by a creditor of the estate,
● summary proceeding for the settlement of the deceased without the consent of the
person’s estate, without need of an appointment of an heirs
administrator or executor, whether the deceased died
testate or intestate
● It applies only if the gross value of the estate does not
exceed P10,000. (Sec. 2, Rule 74)
REMEDIES OF AGGRIEVED PARTIES AFTER
PROCEDURE EXTRAJUDICIAL SETTLEMENT OF ESTATE
As a rule, no extrajudicial settlement shall be binding upon

Petition for summary settlement with allegation that any person who as not participated therein or had no notice
the gross value of the estate does not exceed P10,000 thereof.
Thus, as a remedy, an aggrieved party may, within the 2-year

Publication of notice of the fact of summary reglementary period:
settlement once a week for 3 consecutive weeks in a 1. Claim against the bond or the real estate, or both
newspaper of general circulation, and after such other 2. File suppletory or amended Extrajudicial Settlement
notice to interested persons as the court may direct.
3. Reopening by intervention before rendition of judgment
4. Annulment of Deed of Extrajudicial Settlement
Hearing held not less than 1 month nor more than 3 WHEN APPLICABLE
months from the date of the last publication notice
When there is an heir or other person who has been unduly
deprived of his lawful participation in the estate.
Court proceeds summarily, without appointing an

executor/administrator, and to make orders as may
be necessary such as:
1. Grant allowance of will, if any
2. Determine persons entitled to estate PRODUCTION AND PROBATE OF WILL
3. Pay debts of estate which are due
DEFINITION
Filing of bond fixed by the court
Probate of a will is an act of proving in 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
Partition of the Estate
with law. (Festin)

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Probate is mandatory because the Rules of Court provides 3. Probable value and character of the property of the
that no will shall pass either real or personal estate unless it is estate
proved and allowed in the proper court. (Section 1, Rule 75) 4. The name of the person for whom letters are prayed
5. Name of the person having custody of it (if the will has
not been delivered to the court)
NATURE OF PROBATE PROCEEDING
NOTE: Any defects in the petition will not render void the
Probate proceedings is in rem. The notice by publication as a allowance of the will, or the issuance of the letters
prerequisite to the allowance of a will is a constructive notice testamentary or of administration, when the will is annexed.
to the whole world, and when probate is granted, the
judgment is binding upon everybody. (Cuenco v. CA, 53 SCRA
360) GROUNDS FOR DISALLOWING A WILL
(Sec. 9, Rule 76in rel. to Article 839 of the Civil Code)

WHO MAY PETITION FOR PROBATE
1. If not executed and attested as required by law
1. Any executor, devisee, or legatee named in a will 2. If the testator was insane, or otherwise mentally
2. Any other person interested in the estate (whether the incapable to make a will at the time of its execution
will be in his possession or not, or is lost or destroyed) 3. If it was executed under duress, or the influence of fear,
3. The testator himself during his lifetime or threats
4. If it was procured by undue and improper pressure and
influence, on the part of the beneficiary, or of some other
INTEREST IN ESTATE person for his benefit
An interested party is one who would be benefited by the 5. If the signature of the testator was procured by fraud or
estate such as an heir or one who has claim against the estate trick, and he did not intend that the instrument should
like a creditor. (Sumilang v. Ramagosa, G.R. No. L-23135, 1967) be his will at the time of fixing his signature thereto.
As a rule, anyone who contests the will must state the

PERSONS ENTITLED TO NOTICE
grounds for opposing its allowance, and serve a copy to the
(Sec. 4, Rule 76) petitioner and other parties interested in the estate. (Sec. 10
Rule 76)
Who files Executor, devisee, or Testator
petition for legatee named in a will himself
Probate or any other person
interested in the estate REPROBATE
(Rule 77)
Wills proved and allowed in a foreign country, according to
the laws of such country, may be allowed, filed, and recorded
Who are 1. Designated or Compulsory by the proper Court of First Instance in the Philippines.
entitled to known heirs, Heirs only.
the Notice legatees, and PROCEDURE FOR PROBATE
Requirement devisees
2. Executor named TESTATOR DIES
in the will, and co- Within 20 days after knowledge of the
executor, if any death of the testator, he shall deliver the
will:
1. to the court having jurisdiction
2. or to executor named in the will
Duty of
If he neglects to do so without satisfactory
Custodian
excuse, he shall be fined not exceeding
ALLOWANCE OR DISALLOWANCE OF P2,000
WILL
OR may be committed to prison and kept
there until he delivers the will
CONTENTS OF PETITION FOR ALLOWANCE OF WILL
(Sec. 2, Rule 76)
1. The jurisdictional facts

2. Names, ages, and residences of the heirs, legatees, and
devisees of the testator or decedent

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Within 20 days after he: 1. Fix a time and place for proving the will when all
1. had knowledge of the death of the concerned may appear to contest the allowance of the
testator will
2. or knows that he is named executor 2. Cause notice of such time and place to be published
if he obtained such knowledge after 3 weeks successively in a newspaper of general
the death of the testator circulation
3. Cause copies of notice of the time and place to be
Present such will to the court having addressed to the designated or other known heirs,
Duty of jurisdiction [unless the will has reached legatees, and devisees at their residence [if known],
Executor the court in any other manner] and deposited in the post office with the postage
prepaid at least 20 days before hearing.
Within the same period, signify to the
court in writing his acceptance of the trust NOTES:
or his refusal to accept. • Copy of notice must be mailed to the executor named
[and to co-executor if any], if the petitioner is another
If he neglects to do so without satisfactory person.
excuse, he shall be fined not exceeding • Newspaper publication not necessary when petition
P2,000 or may be committed to prison and for probate was filed by the testator himself.
kept there until he delivers the will • Personal service of copies of the notice 10 days before
FILE PETITION FOR ALLOWANCE OF WILL the hearing date shall be equivalent to mailing.
1. Any executor, devisee, or legatee • Notice shall be sent to compulsory heirs only if it is
named in a will the testator asking for the allowance of his own will
Who may
2. Any other person interested in the
file HEARING
estate
petition? NOTE: Compliance with the notice and publication
3. The testator himself during his
lifetime requirement must be shown before introduction of the
It must show, so far as known to testimony. All testimonies shall be taken under oath and
petitioner: reduced into writing.
1. The jurisdictional facts UNCONTESTED: The court may grant
2. Names, ages, and residences of the allowance of the will on the testimony of 1
heirs, legatees, and devisees of the of the subscribing witnesses
testator or decedent
CONTESTED: All the subscribing
3. Probable value and character of the Proof of witnesses and the notary public, if present
property of the estate Notarial in PH and not insane, must be produced
Contents of 4. The name of the person for whom Will and examined.
the Petition letters are prayed
5. Name of the person having custody
NOTE: If all or some of the witnesses are
of it [If the will has not been
in PH but outside of the province where
delivered to the court]
the will is filed, their deposition must be
NOTE: Any defects in the petition will not
taken.
render void the allowance of the will, or
the issuance of the letters testamentary or UNCONTESTED: At least one who
of administration, when the will is knows the handwriting and signature of
annexed. testator who explicitly declares that the
will and signature are in the handwriting
COURT’S DUTIES
of the testator
CONTESTED: At least 3 witnesses who
know the handwriting of the testator
explicitly declare that the will and
signature are in the handwriting of the
Proof of testator
Holographic WHEN TESTATOR HIMSELF FILES
Will PETITION FOR ALLOWANCE OF
HOLOGRAPHIC WILL:
The fact that he affirms that the
holographic will and the signature are in
his own handwriting, is sufficient
evidence of the genuineness and due
execution.
NOTE: If contested, burden of proof is on

the contestant

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GENERAL RULE: No will shall be proved REQUISITES FOR ALLOWANCE

as a lost or destroyed will
1. Duly authenticated Copy of the will
UNLESS: 2. Duly authenticated Order or decree of the allowance in
1. The will is proved to have been in foreign country;
Proof of existence at the time of death of the
Lost or testator EVIDENCE NECESSARY FOR REPROBATE
Destroyed 2. Or is shown to have be fraudulently At the re-probate proceedings, the proponent must prove the
Will or accidentally destroyed in the following:
lifetime of the testator without his 1. that the testator was domiciled in the foreign
knowledge country
3. Or its provisions are clearly and 2. that the will has been admitted to probate in such
distinctly proved by at least 2 country
credible witnesses 3. that the foreign court was, under the laws of said
foreign country, a probate court with jurisdiction
WHEN WITNESSES DO over the proceedings
NOT RESIDE IN 4. the law on probate procedure in said foreign
WHEN WITNESSES
PROVINCE: country and proof of compliance therewith
ARE DEAD, INSANE,
if none of the subscribing 5. the legal requirements in said foreign country for
OR DO NOT RESIDE
witnesses resides in the the valid execution of the will. (Fleumer v. Hix, 54
IN PH:
province where the will was Phil. 610)
the court may admit
filed, but the deposition of
testimony of other
one or more may be taken, NOTE: Foreign laws do not prove themselves in the
witnesses to prove the
the court may: Philippine Jurisdiction and Philippine Courts are not bound
sanity of the testator, and
1. on motion, direct the to take judicial notice of them. Thus, executors and
the due execution of the
deposition to be taken, administrators of the decedent’s estate are duty-bound to
will.
and introduce in evidence the pertinent law of the foreign country
• As evidence of
2. authorize a which admitted to probate the will of the decedent. (Ancheta
execution of the
photographic copy of v. Dalaygon, 2006)
will, the court may
the will to be made and
admit proof of the
to be presented to the
handwriting of the
witness on his PROCEDURE FOR REPROBATE
testator, and of the
examination, who may
subscribing
be asked questions as
witnesses, or of any
regards the will, and to FILE PETITION FOR ALLOWANCE OF WILL IN
of them
the handwriting of the PHILIPPINES TOGETHER WITH COPY OF WILL,
testator and others ORDER OR DECREE OF ALLOWANCE (Both duly
CERTIFICATE OF ALLOWANCE authenticated)
If the court finds that the will was duly executed, and that Who may file?
the testator was of sound and disposing mind at the time 1. Executor
of the execution of the will, and not acted under duress, 2. Other person interested
menace, undue influence, or fraud:
COURT SHALL FIX TIME AND PLACE OF
A certificate of allowance, signed by the judge, and HEARING. (Must follow the notice and publication
attested by the seal of the court shall be attached to the requirement)
will. Such will and certificate shall be filed and recorded HEARING
by the clerk.
IF ALLOWED, Certificate of Allowance, signed by the
judge, and attested by the seal of the court, to which a copy
Attested copies of the will devising real estate and of
of the will shall be attached, will be issued to be filed and
certificate allowance shall be recorded in the Register of
recorded by the clerk.
Deeds of the province in which the lands lie.
UNDER RULE 78, LETTERS TESTAMENTARY WILL
NOTE: The will shall have the same effect as if originally
BE ISSUED TO EXECUTOR IF HE IS COMPETENT,
proved and allowed in such court.
ACCEPTS THE TRUST, AND GIVES BOND AS
REQUIRED
The court shall grant letters testamentary, or letters of
administration with the will annexed.
NOTE: Such letters testamentary or of administration

shall extend to all the estate of the testator in PH.
REQUISITES BEFORE A WILL PROVED
ABROAD WOULD BE ALLOWED IN THE
PHILIPPINES

Remedial Law
DISPOSITION OF THE ESTATE: Testator may provide that Required to give bond
After the payment of just debts and expenses of the executor serve without unless exempted by law
administration, the estate shall be disposed in accordance a bond (BUT the court may
to the will. direct him to give a bond to
pay debts incurred against
If there is residue, it shall be disposed of as provided by the estate)
law in cases of estates in PH belonging to persons who are
inhabitants of another state or country.
The amount of Amount of compensation
compensation to be strictly governed by Section
received may be provided 7, Rule 85.
EFFECTS OF PROBATE for by the testator in the
provisions of the will,
1. The will shall be treated as if originally proved and
otherwise §7, Rule 85 will
allowed in PH courts
be followed.
2. Letters testamentary or administration with a will
annexed shall extend to all estates of the PH
3. After payment of just debts and expenses of
administration, the residue of the estate shall be
disposed as provided by law in cases of estates in PH WHEN AND TO WHOM LETTERS OF ADMINISTRATION
belonging to persons who are inhabitants of another GRANTED
state or country. (Sec. 4, Rule 77)
A. TO WHOM GRANTED
General rule: Any person who is competent.

LETTERS TESTAMENTARY AND He must be capable of making a will or is not especially
ADMINISTRATION disqualified. A person or association authorized to conduct
the business of a trust company in the Philippines may be
appointed in the same manner as an individual.
1. Of age
2. Resident of the Philippines
WHO MAY ADMINISTER THE ESTATE 3. The court deems him fit (i.e. not a drunkard)
a) Executor Exception: Those who are incompetent under law:

b) Administrator 1. Minor
2. Non-resident of the Philippines
3. Those who, in the opinion of the court are unfit to
Executor/ Executrix Administrator/
exercise the duties of the trust by reason of:
Administratrix
a. Drunkenness
b. Improvidence
Person named expressly by Person appointed by the c. Want of understanding
the deceased person in his intestate court to d. Want of integrity
will to administer, settle, administer the estate of a e. Conviction of an offense involving moral
and liquidate his estate deceased person who: turpitude.
a) Dies without leaving a
will MINORITY AS A DISQUALIFICATION
b) No named executor A minor is incapacitated to enter into contracts, and needs the
even if there is a will assistance of a guardian or legal representative to exercise any
c) If the one named is valid act.
incompetent, refuses
the trust, or fails to NON-RESIDENT OF THE PHILIPPINES AS A
give a bond DISQUALIFICATION
d) Will is subsequently The courts, charged with the responsibilities of protecting the
declared null and void estates of deceased persons, wards of the estate, etc., will find
much difficulty in complying with this duty by appointing
Has duty to present the will Decedent left no will, thus administrators and guardians who are not personally subject
to the court within 20 days there is no such duty to their jurisdiction. Notwithstanding that there is no
after knowledge of the statutory requirement, the courts should not consent to the
death of the testator, or after appointment of persons as administrators and guardians who
he knows that he was are not personally subject to the jurisdiction of our courts
appointed as executor (if he here. (Guerrero v. Teran, G.R. No. 4898, March 19, 1909)
obtained such knowledge
after death), unless the will DRUNKENNESS: DEGREE TO BE DISQUALIFIED
has reached the court in any
manner.

Remedial Law
It is the degree that would impair a person’s sound judgment

and reason and which would necessarily affect his integrity NOTE: ‘Next of kin’ are those entitled by law to receive the
and honesty. decedent’s properties. (Ventura v. Ventura, G.R. No. L-26306,
April 27, 1988)
IMPROVIDENCE
It generally connotes unwise or ill-advised spending. An RATIONALE FOR ORDER OF PREFERENCE
executor or administrator is entrusted with the management Those who will reap the benefit of a wise, speedy and
of an estate and an improvident person lacks the good economical administration of the estate, or in the alternative,
judgment and foresight required. suffer the consequences of waste, improvidence, or
mismanagement, have the highest interest and most
WANT OF UNDERSTANDING influential motive to administer the estate correctly. (Suntay
It means lacking the knowledge to know the nature of the III v. Cojuangco-Suntay, 2012)
functions of an executor or administrator.
ORDER OF PREFERENCE NOT ABSOLUTE
LACK OF INTEGRITY The order of preference is not absolute for it depends on the
Generally, connotes a person’s lack of credibility as to affect attendant facts and circumstances of each case. In the
his honesty. Mere antagonistic interest does not disqualify a appointment of an administrator, the principal consideration
person outright from being appointed. is the interest in the estate of the one to be appointed. (In the
Matter of the Intestate Estate of Cristina Aguinaldo-Suntay v.
Isabel Cojuangco-Suntay, 2012)
CORPORATIONS CAN BE EXECUTORS OR
ADMINISTRATORS
If it is authorized to conduct the business of a trust company
in the Philippines, then it may be appointed as an executor, OPPOSITION TO ISSUANCE OF LETTERS
administrator, guardian of an estate, or trustee, in like manner TESTAMENTARY; SIMULTANEOUS FILING OF
as an individual. However, it cannot be appointed as a PETITION FOR ADMINISTRATION
guardian over the person of the ward.
B. WHEN ARE LETTERS TESTAMENTARY OR OF A. OPPOSITION TO ISSUANCE OF LETTERS

ADMINISTRATION GRANTED TESTAMENTARY
(1) Letters testamentary: It is an authority issued to an

WHO MAY OPPOSE
executor named in the will to administer the estate. It is
issued once the will has been proved and allowed, and Any person interested in the will may file a written
if the executor named is competent, accepts the trust, opposition. (Rule 79, Section 1)
and gives bond.
INTERESTED PERSON
(2) Letters of administration: It is an authority issued by the One who would be benefited by the estate, such as an heir, or
court to a competent person to administer the estate of one who has a claim against the estate, such as a creditor; thus
the deceased if: interest must be material and direct, not merely indirect or
a. No executor is named in the will
contingent. (Garcia-Quiazon v. Belen, G.R. No. 189121, July
b. If executor is appointed, such person named is
31, 2013)
incompetent, refuses the trust, or fails to give
bond
c. Person dies intestate FORM OF OPPOSITION
1) It must be in writing, signed by the applicant, stating the
facts essential to give the court jurisdiction over the case.
2) It must state the grounds why the letters testamentary
ORDER OF PREFERENCE
should not issue to the persons named therein as
(Rule 78, Section 6) executors.
The order of preference in the grant of administration are as
follows: GROUNDS
1) Surviving spouse or next of kin, or both, in the
1. Incompetency of the person for whom the letters are
discretion of the court, or to such person as such
surviving spouse or next of kin, requests to have prayed for; or
appointed, if competent and willing to serve 2. Contestant’s own right to the administration (ex.
2) The principal creditors, if competent and willing to Preferential right under order of preference)
serve, if the surviving spouse or next of kin, or the
person selected by them be incompetent or unwilling or NOTE: Letters of administration may be granted to any
if the surviving spouse or next of kin neglects for 30 days qualified applicant, though it appears that there are other
after the death of the person to apply for administration
competent persons having better right to the administration,
or to request that administration be granted to some
other person if such persons fail to appear when notified and claim the
3) Such other person as the court may select if there is no issuance of letters to themselves (Sec. 6, Rule 79).
such creditor competent and willing to serve. (Sec. 6)

Remedial Law
CONTENTS OF A PETITION FOR LETTERS OF B. SIMULTANEOUS FILING OF OPPOSITION AND

ADMINISTRATION PETITION
1. Jurisdictional facts;
A petition for letters of administration may be filed, at the
2. Names, ages and residences of the heirs, and the
same time with the opposition, to himself, or to any
names and residence of the creditors of the competent person or persons named. (Sec. 4, Rule 79)
deceased;
3. The probable value and character of the estate (for ORDER OF APPOINTMENT OF REGULAR
initial inventory purpose); ADMINISTRATOR IS NOT FINAL
4. Name of the person for whom letters of The order of appointment of a regular administrator is
administration are prayed. (Sec. 2, Rule 79) appealable. (Sec.1 (e), Rule 109)
NOTE: Defects in the petition shall not render void the

issuance of letters of administration. POWERS AND DUTIES OF EXECUTORS AND
ADMINISTRATORS
ALLEGATIONS IN THE JURISDICTIONAL FACTS
1. Death of Testator
2. If the decedent is a resident, his last place of residence, GENERAL POWERS OF AN EXECUTOR/
which must be within the territorial jurisdiction of the ADMINISTRATOR
1. To have access to, and examine and take copies of books
court before whom the petition is brought;
and papers relating to the partnership in case of a
3. If the decedent is a non-resident, the place where he has
deceased partner (Sec. 1, Rule 84)
an estate which must be within the territorial jurisdiction
2. To examine and make invoices of the property belonging
of the court before whom the petition is brought;
to the partnership in case of a deceased partner (Sec. 1,
4. Names, ages and residences of possible heirs and
Rule 84)
creditors;
3. To maintain in tenantable repairs, houses and other
5. The probable value of the estate (for establishing proper
structures and fences and to deliver the same in such
court jurisdiction);
repair to the heirs or devisees when directed so to do by
6. The name of the person for whom the letters is prayed
the court (Sec. 2, Rule 84)
for. (De Guzman v. Angeles, 1988)
4. To make improvements on the properties under
DUTY OF THE COURT ONCE PETITION FOR LETTERS administration with the necessary court approval except
OF ADMINISTRATION IS FILED for necessary repairs
1. Fix the time and place for hearing of the petition 5. To possess and manage the estate when necessary:
2. Cause notice thereof to be given to: a. For the payment of debts; and
a. Known heirs of the decedent b. For the payment of expenses of administration
b. Known creditors of the decedent (Sec. 3, Rule 84)
c. Other persons believed to have an interest in
the estate. The contract of lease, being a mere act of administration,
could validly be entered into by the administratrix within her
NOTICE AND PUBLICATION powers of administration, even without the court's previous
Notice of the time and place of the hearing must be published authority. (De Hilado vs. Nava, 1939)
for 3 weeks successively prior to the time appointed, in a
newspaper of general jurisdiction in the province where the When the estate of a deceased is already the subject of a testate
or intestate proceeding, the administrator cannot enter into
court has jurisdiction.
any transaction involving it without any prior approval of the
probate court. (Estate of Olave v. Reyes, 1983)
Notice of such must also be given to:
a) Known heirs RESTRICTIONS ON THE POWER OF AN EXECUTOR/
b) Creditors ADMINISTRATOR
c) Any other person who has an interest in the estate 1. He cannot acquire by purchase, even at public or
judicial action, either in person or mediation of
REASON FOR NOTICE another, the property under administration;
Notice is essential to the validity of the proceeding in order 2. He cannot borrow money without authority from
that no person may be deprived of his right to property the court;
without due process of law. Notice through publication is 3. He cannot speculate with funds under
jurisdictional, the absence of which makes court orders administration, nor place them where they may not
affecting other persons, subsequent to the petition, void. (De be withdrawn at once by order of the court [even if
Guzman v. Angeles, 1988) it means depositing the funds in a current account
with a lower interest rate];

Remedial Law
4. He cannot lease the property under administration APPOINTMENT OF SPECIAL ADMINISTRATOR

for more than 1 year;
5. He cannot continue the business of the deceased
Special Administrator: A representative of the decedent
unless authorized by the court; and
appointed by the probate court to care for and preserve his
o NOTE: If he does so, he is chargeable for all estate until an executor or general administrator is appointed.
the losses without allowing to receive the
benefits of any profit he might make. A special administrator is an officer of the court who is subject
6. He cannot profit by the increase or decrease in the to its supervision and control, expected to work for the best
value of the property under administration; interest of the entire estate, with a view to its smooth
administration and speedy settlement. The principal object of
7. He cannot exercise the right of legal redemption
the appointment of a temporary administrator is to preserve
over a portion of the property owned in common
the estate until it can pass to the hands of a person fully
sold by one of the other co-owners. (Herrera, Vol. III- authorized to administer it for the benefit of creditors and
A, pp. 116-117, 2005 ed.) heirs. (Ocampo v. Ocampo et al., 2010)
EXECUTOR OR ADMINISTRATOR CHARGEABLE

WITH ALL ESTATE AND INCOME WHEN APPOINTED
Chargeable in his account with the whole of the estate which (1) When there is delay in granting letters testamentary or
has come into his possession, at the value of the appraisement of administration
contained in the inventory, with: (2) By any cause including an appeal from the allowance or
a) Interest disallowance of a will (Sec. 1, Rule 80)
b) Profit (3) When the executor or regular administrator has a claim
c) Income of such estate against the estate he represents (Sec. 8, Rule 86)
d) Proceeds of the estate as is sold by him, at the price
at which it was sold. (Sec. 1, Rule 85)
Regular Administrator Special Administrator
EXECUTOR OR ADMINISTRATOR REQUIRED TO
MAKE INVENTORY AND RENDER ACCOUNTS Appointed when: Appointed when:
Inventory: Rendered within 3 months of appointment and a) Decedent died a) there is delay in
includes an appraisal of all real and personal estate of the intestate granting letters
deceased which has come into his possession or knowledge. b) Did not appoint any testamentary or of
(Sec. 1, Rule 83) executor in his will administration
• Not included: c) Will subsequently b) executor is a claimant
a) Wearing apparel of surviving husband or wife and disallowed of the estate
minor children d) There is no will c) by any cause,
b) The marriage bed and bedding (intestacy) including an appeal
c) Such provisions and other articles as will from allowance or
necessarily be consumed in the subsistence of the disallowance of a will
family of the deceased (Sec. 2, Rule 83) Obliged to pay debts of the Not obliged to pay debts of
estate estate
Accounting: Rendered within 1 year from the time of Appointment may be Regarded as an
receiving letters testamentary or of administration unless the subject of appeal interlocutory order and not
court otherwise directs. Executor or administrator shall subject to appeal
render such further accounts as the court may require until
the estate is wholly settled (Sec. 8, Rule 85) ONLY ONE SPECIAL ADMINISTRATOR IS ALLOWED
As under the law, only one general administrator may be
NECESSARY EXPENSES
Such expenses as are entailed for the preservation and appointed to administer, liquidate and distribute the estate of
productivity of the estate and for its management for purpose a decedent. It clearly follows that only one special
of liquidation, payment of debts, and distribution of the administrator may be appointed to administer temporarily
residue among persons entitled thereto. (Hermanos v. Abada, said estate. A special administrator is but a temporary
1919) administrator appointed in lieu of the general administrator
(Roxas v. Pecson, 1948)
NOT CONSIDERED NECESSARY EXPENSES
1. Expenses on death anniversary of deceased because no
connection with care, management and settlement of
estate; ORDER OF PREFERENCE UNDER RULE 78 DOES NOT
2. Expenses for stenographic notes and unexplained APPLY TO APPOINTMENT OF SPECIAL
representation expenses; ADMINISTRATORS
3. Expenses incurred by heir as occupant of family home The order of preference in the appointment of a regular
without paying rent
administrator does not apply to the selection of a special
4. Expenses incurred by an executor or administrator to
administrator, as the appointment of the latter lies entirely in
produce a bon

Remedial Law
the discretion of the court and is not appealable. (Tan v. • If there is no remaining executor or administrator,
Gedorio, 2008) administration may be to any suitable person.
POWERS AND DUTIES OF A SPECIAL GROUNDS NOT EXCLUSIVE

The court is invested with ample discretion in the removal of
ADMINISTRATOR
an administrator for as long as there is evidence of an act or
1) Possess and take charge of the goods, chattels, omission on the part of the administrator not conformable to
rights, credits and estate of the deceased or in disregard of the rules or the orders of the court which it
2) Preserve the same for the executor or administrator deems sufficient or substantial to warrant the removal of the
afterwards appointed administrator.
3) Commence and maintain suit for the estate
4) Sell only perishable property and other property EXAMPLES OF VALID GROUNDS FOR REMOVAL OF
ordered sold by the court ADMINISTRATOR
5) Pay debts only as may be ordered by the court. (Sec. 1. Death;
2, Rule 80)
2. Resignation;
6) Prepare and submit an inventory of the estate
7) Render an accounting of administration. 3. An administrator who disbursed funds of the estate
without judicial approval. (Cotia vs. Jimenez, 104 Phil.
NOTE: A special administrator shall not be liable to pay any 960);
debts of the deceased unless so ordered by the court. 4. False representation by an administrator in securing his
appointment (Cabarubbias vs. Dizon, 76 Phil. 209);
WHEN DUTIES OF SPECIAL ADMINISTRATOR 5. An administrator who holds an interest adverse to that
CEASES of the estate or by his conduct showing his unfitness to
When letters testamentary or of administration are granted on discharge the trust (Garcia vs. Vasquez, 32 SCRA 490);
the estate of the deceased, the powers of the special 6. An administrator who has the physical inability and
administrator shall cease: consequent unsuitability to manage the estate (De Borja
• He shall deliver to the executor/administrator the vs. Tan, 93 Phil. 167).
goods, chattels, money, and estate of the deceased in his
hands. WHEN LETTERS OF ADMINISTRATION REVOKED
• The executor/administrator may prosecute to final 1. When a newly-discovered will has been admitted to
judgment suits commenced by such Special probate after the issuance of letters of administration,
Administrator (Sec. 3, Rule 80) such letters of administration may be revoked; and
2. When letters of administration have been issued illegally
THE GROUNDS FOR REMOVAL OF A REGULAR or without jurisdiction, such letters of administration
ADMINISTRATOR DOES NOT APPLY TO SPECIAL may be revoked by the probate court. (Sec.1. Rule 82)
ADMINISTRATORS
The appointment and removal of a special administrator rests EFFECTS OF REVOCATION (Sec.3, Rule 80)
entirely on the discretion of the court. The sufficiency of any 1. All powers of administration shall cease;
2. The administrator shall forthwith surrender his letters to
ground for removal should thus be determined by the court
the court
whose sensibilities are, in the first place, affected by an act or 3. The administrator shall render his account within such
in disregard of the rules or the orders of the court. (Degala v. time as the court directs, and;
Ceniza1947) 4. Proceedings for the issuance of letters testamentary or of
administration under the will shall be had.
GROUNDS FOR REMOVAL OF ADMINISTRATOR DUTY OF ADMINISTRATOR UPON REVOCATION

(1) Surrender the letters to court
An administrator may be removed if he:
(1) Neglects to: (2) Render his account within such time as the court may
a. Render his account direct (Sec. 1, Rule 82)
b. Settle the estate according to law, or
c. Perform an order or judgment of the court, or POWERS OF NEW EXECUTOR OR ADMINISTRATOR
a duty expressly provided by these rules, 1. To collect and settle the estate not administered that the
(2) Absconds former executor or administrator had;
(3) Becomes insane, or 2. To prosecute or defend actions commenced by or against
(4) Becomes incapable or unsuitable to discharge the trust the former executor or administrator;
3. To recover execution on judgments in the name of
NOTE: former executor or administrator;
• When an executor or administrator dies, resign, or is 4. Authority to sell granted by court to former executor or
removed, the remaining executor or administrator may administrator may be renewed without further notice or
administer the the trust alone, unless the court grants hearing. (Sec. 4, Rule 82)
letters to someone to act with him.

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PUBLICATION OF NOTICE TO CREDITORS

The executor or administrator shall cause the:
CLAIMS AGAINST ESTATE 1) publication of notice for 3 weeks successively in a
newspaper of general circulation in the province, and
2) posting in 4 public places in the province, and
ESTATE IS BURDENED WITH LIEN OF CREDITORS 3) in 2 public places in the municipality, where the
Upon the death of a person, all his property is burdened with decedent last resided. (Sec. 3, Rule 86)
all his debts, his death creating an equitable lien for the benefit
of the creditors. Such lien continues until the debts are Printed copy of the published notice shall be filed in court
extinguished either by the payment, prescription, or within 10 days after its publication accompanied with
satisfaction in one of the modes recognized by law. (Suiliong affidavit setting forth the dates of first and last publication
and Co. v. Chio Taysan, 12 Phil. 13) and name of newspaper where it was printed. (Sec. 4, Rule 86)
PURPOSE OF PRESENTATION OF CLAIMS AGAINST SIGNIFICANCE OF NOTICE

ESTATE Publication of notice is constructive notice to creditors and,
1) To protect the estate of the deceased thus, a creditor would not be permitted to file a claim beyond
2) To enable the executor or administrator to examine each the period fixed in the notice on the bare ground that he had
claim, and determine whether it is proper, which should no knowledge of the administration proceedings. (Villanueva
be allowed v. PNB, 1963)
3) To appraise the administrator and the probate court of
the existence of the claim so that a proper and timely
arrangement may be made for its payment in full or by
pro-rata portion in the due course of the administration. STATUTE OF NON-CLAIMS
(Estate of Olave v. Reyes, G.R. No. L-29407, July 29, 1983)
It is the period fixed for the filing of the claims against the
estate. The rule mandates certain creditors of a deceased
person to present their claims for examination and allowance
TIME WITHIN WHICH CLAIMS SHOULD BE FILED; within a specified period, otherwise they are barred forever.
EXCEPTIONS
PURPOSE: To settle the estate with dispatch, so that the
residue may be delivered to the persons entitled thereto
GENERAL RULE: The filing of claims against the estate shall without their being afterwards called upon to respond in
not be more than 12 nor less than 6 months after the date of actions for claims. (Santos v. Manarang, 27 Phil. 213)
the first publication of the notice. (Sec. 2, Rule 86)
NOTE: Statute of non-claims supersedes the Statute of
EXCEPTION: BELATED CLAIMS Limitations insofar as the debts of deceased persons are
Belated claims may be filed even beyond the period fixed by concerned because if a creditor fails to file his claim within the
the court: time fixed by the court in the notice, then the claim is barred
1. Money claims against the estate may be allowed at any forever. However, both statute of non-claims and statute of
time before an order of distribution is entered, at the limitations must concur in order for a creditor to collect.
discretion of the court for cause and upon such terms as
are equitable. The court may allow such claim to be filed
not exceeding 1 month from the order allowing belated
TYPES OF CLAIMS COVERED
claims (Quisumbing v. Guison, 1946)
2. Where the estate filed a claim against the creditor or 1) All money claims against the decedent arising from
claimant who failed to present his claim against the contract, express or implied, whether the same be due,
estate within the period fixed by the probate court for not due, or contingent
2) All claims for funeral expenses and expenses for the last
the settlement of such claims, the creditor will be
sickness of the decedent
allowed to set up the same as a counterclaim to the action
3) Judgment for money against the decedent. The
filed by the estate against him. judgment must be presented as a claim against the
estate, where the judgment debtor dies before levy on
CONDITIONS IN FILING BELATED CLAIM execution of his properties. (Sec. 5, Rule 86)
The rule clothes the court with authority to permit the filing
of a claim after the lapse of 12 months, or at any time before NOTE: Enumeration is exclusive.
the order of distribution is entered, subject to the following
CONTINGENT CLAIM
conditions: It is one by which, by its nature is necessarily dependent upon
1. Application of a creditor who has failed to file his an uncertain event for its existence and claim, and its validity
claim and enforceability depending upon an uncertain event.
2. Just cause [showing why permission for the belated (Gasket and Co. v. Tan Sit, 43 Phil. 810)
claim should be granted]
3. The extension of time granted for filing the claim WHEN ALLOWED
1) When it becomes absolute
must not exceed one month.

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2) Presented to the court or executor/administrator within If executor or

2 years from the time limited for other creditors to administrator
present their claims; and demands original:
3) Not disputed by executor/administrator Original must be
• If disputed: It may be proved and allowed or exhibited.
If founded on a bond,
disallowed by the court as the facts may warrant
bill, note, or other UNLESS: lost or
(Rule 88, Section 5)
Second: Serving a instrument: Original destroyed. Claim
copy of claim on need not be filed but must then be
NOTE: Mutual claims may be set off against each other in the executor or copy with all accompanied by
such action. administrator. indorsements must be an affidavit
attached to the claim containing a copy
ALTERNATIVE REMEDIES OF A MORTGAGE filed. or particular
CREDITOR UPON DEATH OF DEBTOR description of the
1) Waive the security and claim the entire debt from the instrument and
estate as an ordinary claim stating its loss or
• Creditor is deemed to have abandoned the destruction.
mortgage and he cannot thereafter file a foreclosure
suit if he fails to recover his money claim against If claim is due: accompanied by affidavit stating the amount justly
the estate due, that no payments have been made which are not credited, and
2) Foreclose mortgage judicially and prove any that there are no offsets to the same, to the knowledge of the affiant.
deficiency as an ordinary claim If claim is not due, or is contingent: accompanied by affidavits
stating the particulars thereof.
• Foreclosure suit should be against the executor or
administrator as party defendant. The creditor may
obtain deficiency judgment if he fails to fully
recover his claim NOTES:
3) Rely solely on the mortgage and foreclose it before it is 1) When the affidavit is made by a person other than the
barred by prescription without right to claim for claimant, he must state the reason why it is not made by
deficiency the claimant.
• This mode includes extrajudicial foreclosure of sale 2) The claim when filed, shall be attached to the record of
and its exercise precludes one from recovery of any the case in which the letters testamentary or of
balance of debt against the estate and frees the administration were issued, although the court, in its
estate from further liability discretion, and as a matter of convenience, may order all
the claims to be collected in a separate folder.
NOTE: These remedies are distinct, independent, and
mutually exclusive remedies. An election of one remedy
operates as a waiver of the other
ACTIONS BY AND AGAINST EXECUTORS

CLAIM OF EXECUTOR OR ADMINISTRATOR AGAINST AND ADMINISTRATORS
THE ESTATE
When the executor or administrator has a claim against the

estate he represents: ACTIONS THAT MAY BE BROUGHT AGAINST
1) The executor or administrator is required to give notice EXECUTORS AND ADMINISTRATORS
to the court in writing.
The following are the actions that may be commenced directly
2) The court shall appoint a special administrator who is against the executor or administrator:
vested with the same powers and subject to the same 1) Recovery of real or personal property or any interest
liability as the general administrator or executor only therein from the estate
insofar as it pertains to the adjustment of such claim. 2) Enforcement of a lien thereon
3) The court may order the executor or administrator to 3) Action to recover damages for any injury to person or
pay to the special administrator necessary funds to property, real or personal. (Sec. 1, Rule 87)
defend such claim. (Sec. 8, Rule 86)
NOTE: These instances are deemed actions that survive the
death of the decedent.
HOW TO FILE A CLAIM Claims that survive Claims that do not survive
Rule 87, Sec. 1 Rule 86, Sec 5

PROCEDURE
First: Deliver the claim with the necessary vouchers to the clerk of
court. Actions that may be Actions that may be
commenced directly commenced against the
against the executor and estate of the deceased.
administrator

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DEBTS PAID IN FULL IF ESTATE SUFFICIENT

Recovery of real/personal Money claims, debts
property (or any interest incurred by the deceased The executor or administrator shall pay within the time
therein) from the estate; during his lifetime arising limited for that purpose:
enforcement of a lien from contract; claims for 1. After hearing and ascertaining all the money claims
thereon; action to recover funeral expenses or the last against the estate; and
damages arising from tort illness of the decedent; 2. It appears that there are sufficient assets to pay the debts
judgments for money (Sec. 1, Rule 88)
against the decedent.
ACTIONS WHICH MAY NOT BE BROUGHT AGAINST ORDER OF PREFERENCE OF PAYMENT

EXECUTOR OR ADMINISTRATOR
An action upon claim for recovery of money or debt or 1) Pay according to the provisions of the will: if the
interest therein shall not be commenced against the executor testator makes provision by his will, or designates the
or administrator. This should be brought against the estate estate to be appropriated for the payment of his debts,
itself. the expenses of administration, or the family expenses,
2) If the provision made by the will or the estate
appropriated is not sufficient: such part of the estate of
the testator, real or personal, as is not disposed of by will,
REQUISITES BEFORE CREDITOR MAY BRING AN if any shall be appropriated.
ACTION FOR RECOVERY OF PROPERTY
FRAUDULENTLY CONVEYED BY THE DECEASED
ORDER OF PROPERTY LIABILITY
A creditor may commence and prosecute to final judgment,
in the name of the executor or administrator, an action for the 1) Personal property not disposed of by will
recovery of property fraudulently conveyed or attempted to 2) Real property not disposed of by will
conveyed by the deceased, when the following circumstances 3) Any deficiency shall be met by contributions as
concur: provided in Sec. 6, Rule 88.
1. That the deceased in his lifetime had conveyed real
property or a right or interest therein, or a debt or credit, GENERAL RULE: Personal estate is first chargeable to the
with intent to defraud his creditors or to avoid any right, estate.
debt or duty;
2. That the deceased had so conveyed such property, right, EXCEPTION: Real estate is chargeable:
interest debt or credit, that by law the conveyance would 1. When personal property of decedent is insufficient
be void against his creditors; to pay debts; or
3. That the subject of the attempted conveyance would be 2. Where sale of personal property would be
liable to attachment by any of the creditors in his detrimental to the participants of the estate.
lifetime;
4. That there is a deficiency of assets in the hands of an
executor or administrator for the payment of the debts
and expenses for administration; and WHEN PERSONAL PROPERTY ALREADY IN THE
5. That the executor or administrator has failed to HANDS OF HEIRS, LEGATEES, OR DEVISEES
commence the action for recovery of the subject of the
conveyance or attempted conveyance. The court may order the heirs to turn over the personal
6. That leave is granted by the court to the creditor to file properties in such proportion necessary to pay claim, even if
the action the administrator possess the real properties as Sec. 2 requires
7. That a bond is filed by the creditor as prescribed in this personal property is first chargeable to the estate.
provision; and
8. That the action by the creditor is in the name of the
ESTATE TO BE RETAINED TO MEET CONTINGENT
executor or administrator.
CLAIMS
NOTE: The last three requisites are unnecessary where the
If court is satisfied that a contingent claim is valid:
grantee is the executor or administrator himself, in which case
the action should be in the name of all the creditors. 1. It may order the executor/administrator to retain in his
hands sufficient estate for the purpose of paying the
contingent claim when such becomes absolute.
2. If estate insolvent: retain a portion equal to the dividend
of the other creditors. (Sec. 4, Rule 88)
PAYMENT OF THE DEBTS OF THE ESTATE
PAYMENT OF CONTINGENT CLAIMS
1) If claim becomes absolute within 2 years limited for

creditors and allowed by the court: Creditor shall

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receive payment to the same extent as the other creditors 1) Extension must not exceed 6 months for a single
if the estate retained by the executor or administrator is extension; and
sufficient. 2) The whole period allowed shall not exceed 2 years.
2) Claim not presented after becoming absolute within 2
year period and allowed by the court: The assets GROUNDS FOR EXTENSION
retained in the hands of the executor/administrator, not 1) Original executor or administrator dies
exhausted in the payment of claims, shall be distributed 2) New administrator is appointed (Sec. 16, Rule 88)
by the order of the court to the persons entitled. (Sec. 5,
Rule 88) REQUISITES
a) Executor or administrator must apply.
If the contingent claim matures after the expiration of the two b) Notice of the time and place of hearing.
years, the creditors may sue the distributees, who are liable in c) Court must hear the application.
proportion to the shares in the estate respectively received by d) Extension not to exceed 6 months beyond the time which
them (Jaucian v. Querol, 1918) the court might have allowed to such original executor
or administrator
CONTRIBUTIVE SHARES FIXED BY COURT
When the distributees have already come into possession

portions of the estate, the court shall fix their contributive DISTRIBUTION AND PARTITION
shares that they may be liable to the estate of the creditors.
(Sec. 6, Rule 88)
STAGES BEFORE DISTRIBUTION OF ESTATE
1. Liquidation of the estate
LIABILITY OF HEIRS AND DISTRIBUTEES
2. Collation and Declaration of heirs
Heirs are not required to respond with their own property for • Purpose: to determine to whom the residue of the
the debts of their deceased ancestors. But even after partition estate should be distributed.
of an estate, the heirs and distributees are liable individually a. Determination the right of a natural child
for the payment of all lawful outstanding claims against the
b. Determination of proportionate shares of
estate in proportion to the amount or value of the property
distributees
they have respectively received from the estate. (Pavis v. de la
Raja, 8 Phil. 70)
Afterwards, the residue may be distributed and delivered to
the heirs. (Herrera)
PROVISIONS OF THE CIVIL CODE ON PREFERENCE OF
CREDIT APPLIES POWERS OF THE COURT IN THE DISTRIBUTION AND
If estate is insolvent, Section 7, Rule 88 in relation to Articles PARTITION OF ESTATE
1059 and 2239 to 2251 of the Civil Code on Concurrence and (1) Collate;
Preference of Credits must apply. (2) Determine the heirs; and
(3) Determine the share of each heirs.
CLAIMS OUTSIDE THE PHILIPPINES Advancements made or alleged to have been made to heirs
by decedent may be determined by court having jurisdiction
Claims proven outside the Philippines may be added to the of estate. The final order of the court shall be binding on the
list of claims in the Philippines against the estate of an person raising the questions and on the heir. (Sec. 2,Rule 90)
insolvent resident and the estate will be distributed equally
among those creditors, if:
1) executor had knowledge and
2) opportunity to contest its allowance therein. (Rule 88, LIQUIDATION
Section 10)
DEFINITION
PRINCIPLE OF RECIPROCITY It is the determination of all assets of the estate and payment
The benefit of Sections 9 (insolvent non-resident rule) and 10 of all debts and expenses. (Festin)
(claims outside Philippines rule) cannot be extended to the
creditors in another country if the property of such deceased General rule: An order of distribution or assignment shall be
person there found is not equally apportioned to the creditors made only after payment of the debts, funeral charges, and
residing in the Philippines, according to their respective other expenses against the estate. (Silverio, Jr. v. CA, G.R. No.
claims. (Sec.10, Rule 88)
178993, September 16, 2009)
TIME FOR PAYING DEBTS AND LEGACIES
General rule: Not exceeding 1 year in the first instance Exception: Distributees, or any of them, give a bond, in sum to
be fixed by the court, conditioned for the payment of said
Exception: Court may extend the period, after hearing and obligations within such time as the court directs.
notice, on the following conditions:

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PROJECT OF PARTITION PROBATE COURT LOSES JURISDICTION OF AN

ESTATE UNDER ADMINISTRATION AFTER PAYMENT
It is a proposal for the distribution of the hereditary estate
OF ALL DEBTS
which the court may accept or reject. (Reyes v. Barretto-Datu,
The probate court loses jurisdiction of an estate under
1967)
administration only after payment of all debts, and the
remaining estate delivered to the heirs entitled to receive the
The executor/administrator has no duty to prepare and
same. (Guilas v. Judge of the CFI of Pampanga, 1972)
present the same under the Rules. The court may, however,
require him to present such project to better inform itself of
the condition of the estate. (3 Moran 541, 1980 Ed.)
INSTANCES WHEN PROBATE COURT MAY ISSUE WRIT
It is the court that makes that distribution of the estate and OF EXECUTION
determines the persons entitled thereto:
1. On application of executor/administrator or General rule: A probate court does not have the power to
person interested in the estate issue writs of execution.
2. Notice
3. Hearing A writ of execution is not the proper procedure for the
payment of debts and expenses of administration. The proper
Court shall assign the residue of the estate to the persons procedure is for the court to order the sale of personal estate
or the sale of mortgaged of real property of the deceased and
entitled to the same, naming them and the proportions, or
all debts or expenses of administration should be paid out of
parts, to which each is entitled. the proceeds of the sale or mortgage. (Aldamiz v. Judge of CFI-
Mindoro, 85 Phil. 228)
Such persons may demand and recover their respective
shares from the executor/administrator, or any other person Execptions:
having the same in his possession. Under the following circumstances, the probate court may
issue writs of execution:
a) To satisfy the distributive shares of devisees, legatees,
If there is a controversy as to who are heirs or shares such
and heirs in possession of the decedent’s assets.
shall be heard and decided as in ordinary cases. (Sec. 1, Rule b) To enforce payment of expenses of the partition.
90) c) To satisfy the costs when a person is cited for
examination in probate proceedings
EFFECT OF FINAL DECREE OF DISTRIBUTION
A final decree of distribution of the estate of a deceased
person vests the title to the land of the estate to the distributes.
If the decree is erroneous, it should be corrected by opportune
appeal, for once it becomes final, its binding effect is like any TRUSTEES
other judgment in rem, unless properly set aside for lack of
jurisdiction or fraud. (Vda. de Kolayco v. Tengco, 207 SCRA 600)
CONCEPT
A trust is a confidence reposed in one person, called the
The only instance where a party interested in a probate
trustee, for the benefit of another, called the cestui que trust,
proceeding may have a final liquidation set aside is when he with respect to property held by the former of the benefit of
is left out by reason of circumstances beyond his control or the latter. The person in whom confidence is reposed as
through mistake or inadvertence not imputable to negligence. regards the property for the benefit of another is known as the
(Vda. De Alberto v. CA, 1989) trustee. (Festin)
NOTE: Rule 98 of the Rules of Court only applied to Express

trust, one which is created by a will or written instrument.
REMEDY OF AN HEIR ENTITLED TO RESIDUE BUT NOT WHEN IS A TRUSTEE NECESSARY

GIVEN HIS SHARE A trustee is necessary:
a) To carry into effect a will where the testator omitted
The better practice for the heir who has not received his share appointing a trustee in the Philippines
is to: b) To carry into effect other written instruments
where the trustee declines, resigns, dies, or is
1. Demand his share through a proper motion in the same
removed before the accomplishment of trust
probate or administrative proceedings, or
(Festin)
2. Motion for reopening of the probate or administrative
proceedings if it had already been closed, and not
through an independent action. (Guilas v. Judge of the CFI
of Pampanga, 1972)

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DISTINGUISHED FROM EXECUTOR/ADMINISTRATOR CONDITIONS OF THE BOND
General rule: Before entering the duties of his trust, a trustee

EXECUTOR/ TRUSTEE shall file with the clerk of court having jurisdiction of the trust
ADMINISTRATOR a bond in the amount to be determined by the court.
Accounts are NOT under Accounts must be UNDER Exception: The trustee may be exempted when:
oath and except for initial OATH and filed ANNUALLY 1. Testator requests so;
and final submission of 2. All person beneficially interested in the trust
accounts, they shall be filed requests so. (Sec. 5, Rule 98)
only at such times as may be
required by the court CONDITIONS
The following conditions shall be deemed to be a part of the
Court that has jurisdiction Court which has jurisdiction is bond whether written or not:
may be MTC or RTC the RTC if appointed to carry
into effect provisions of a will; a) INVENTORY: Make and return to the court, at such
if trustee dies, resigns, or is time as it may order, a true inventory of all the real and
removed in the appointment of personal estate belonging to him as trustee, which at the
new trustee time of the making of such inventory shall have come to
his possession or knowledge
b) FAITHFUL MANAGEMENT AND DISCHARGE OF

May sell, encumber, or May sell or encumber property TRUST: Manage and dispose of all such estate, and
mortgage property if it is of the estate held in trust if faithfully discharge his trust in relation thereto,
necessary for the purpose of necessary or expedient or upon according to law and the will of the testator or the
paying debts, expenses of order of the court provisions of the instrument or order under which he is
administration or legacies or appointed;
for preservation of property
or if sale will be beneficial to c) RENDER ACCOUNTING: Upon oath at least once a
heirs, legatees or devisees year until his trust is fulfilled, a true account of the
(Upon application to the property in his hands and the management and
court with written notice to disposition thereof
the heirs) • UNLESS: he is excused therefrom in any year by
the court
Order of sale has NO TIME Order of sale has NO TIME
LIMIT LIMIT d) SETTLEMENT OF ACCOUNT AND DELIVERY FO
THE ESTATE: At the expiration of his trust he will
Approved by the court to Appointed to carry into effect settle his account in court and pay over and deliver all
settle estate of the decedent the provisions of a will or the estate remaining in his hands, or due from him on
written instrument (contractual such settlement, to the person or persons entitled to
trust) thereto. (Sec. 6, Rule 98)
NOT EXEMPTED from May be EXEMPTED from

filing a bond even if such filing a bond if provided in the REQUISITES FOR THE REMOVAL AND RESIGNATION
exemption is provided in the will or if beneficiaries OF A TRUSTEE
will (ratio: bond is only requested such exemption
conditioned upon payment
of debts) The court may remove a trustee upon:
1) Petition of the parties beneficially interested
Services of executors or Trusteeship is terminated upon 2) Due notice to the trustee
administrators are TURNING OVER THE 3) Hearing
terminated UPON PROPERTY to beneficiary
PAYMENT OF DEBTS of after expiration of the trust
GROUNDS FOR THE REMOVAL AND RESIGNATION OF
the estate and (period may be provided for in
DISTRIBUTION of the will or trust contract) A TRUSTEE
property to the heirs
1. Insanity
MUST PAY the debts of the No obligation to pay the debts 2. Incapability if discharging the trust or unsuitability
estate of the beneficiaries or trustor therefor.
3. Resignation; but propriety is to be determined by the
court (Rule 98, Section 8)
4. Death of trustee
5. When the termination appears essential to the interest of
the person beneficially interested.

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EXTENT OF AUTHORITY OF TRUSTEE WHEN TO FILE
1. When the decedent died without leaving a will, or

NATURE OF POSSESSION 2. When the decedent dies without leaving legal heirs to
The possession of the property by the trustee is not an adverse succeed, or
3. When there is a will but was not allowed to be admitted
possession, but only a possession in the name and in behalf of
to probate (Sec. 1, Rule 91)
the owner of the same.
A trustee may acquire the trust estate by prescription

provided there is a repudiation of the trust, such repudiation REQUISITES FOR FILING OF PETITION
being open, clear and unequivocal, known to the cestui que
1. Person dies intestate leaving no heirs or someone
trust. In that case, prescription will commence to run from and entitled by law to succeed
after said repudiation and the knowledge thereof by the 2. The petition must be filed in behalf of the real party in
cestui. (Salinas v. Tuazon, 1931) interest, the Republic of the Philippines
3. Filed in the CFI of the province where the deceased last
TERRITORIALITY OF AUTHORITY OF TRUSTEE resided or where he had his estate (if non-resident)
The powers of a trustee appointed by a Philippine court
cannot extend beyond the confines of the territory of the
Republic. REMEDY OF RESPONDENT AGAINST PETITION
1. Respondents have opportunity to file an opposition in

This is based on the principle that his authority cannot extend
the scheduled hearing set forth by the court
beyond the jurisdiction of the Republic, under whose courts
2. Respondents can file an action to recover the escheated
he was appointed. (Herrera) property within 5 years from date of judgment.
• If already sold, the municipality or city shall be
accountable for the proceeds after deducting
reasonable charges for the care of the estate (Rule
ESCHEAT 91)
PERIOD FOR FILING ACTION TO RECOVER

CONCEPT
Action to recover escheated property may be brought within
Escheat is a proceeding whereby the State, by virtue of 5 years from date of such judgment.
sovereignty, steps in and claims the real or personal property
of a person who dies intestate leaving no heir. In the absence NOTE: If not brought within that period, the claim shall be
of a lawful owner, a property is claimed by the State to barred forever.
forestall an open invitation to self-service by the first-timers.
(Republic v. CA, 2002) REASON: The 5-year period is not a device capriciously
conjured by the State to defraud any claimant. On the
The concept behind this is the REGALIAN DOCTRINE: “all contrary, it is decidedly prescribed to encourage would be
lands of the public domain belong to the State, that the State claimants to be punctilious in asserting their claims,
is the source of any asserted right to ownership of land and otherwise, they may lose them forever in a final judgment.
charged with the conservation of such patrimony.” (Republic v. CA, 2002)
ASSIGNMENT OF PROPERTIES FOR LIMITED PROCEDURE OF ESCHEAT PROCEEDINGS

PURPOSES Applies When? If person dies intestate, seized of real
Assign personal estate to property in the Philippines, or leaves no heir or person by
municipality or city where he last law entitled to the estate
Resident resided in the Philippines Who may file petition? Contents of Petition: set
Deceased Assign real estate to the Solicitor General or his forth the facts, and prayer
municipalities or cities, respectively, representative in behalf of that the estate of the
in which the same is situated the Republic of the deceased be declared
Deceased Never The whole estate may be assigned to Philippines escheated.
Resided in the respective municipalities or cities Court issues an Order for Hearing: which recites the
Philippines where the same is located. purpose of the petition, fixes a date and place for the
hearing.
• Hearing date shall not be more than 6 months after
LIMITED PURPOSES: For the benefit of:
the entry of the order
1. Public schools
2. Public Charitable institutions
3. Centers

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Court directs Publication of Order of Hearing: at least 1. According to Scope of Powers

once a week for 6 successive weeks in some newspaper of a. General – one whose responsibility is over the
general circulation published in the province, as the court person of the ward or over his property
shall be deem best b. Limited- one whose responsibility is over the
property only
HEARING AND JUDGMENT 2. According to the Constitution
• Upon satisfactory proof of: a. General Guardian
o Order for Hearing and Publication b. Legal Guardian – is a person who, without need of
requirement judicial appointment, is designated as such by
o that the person died intestate, seized of real provision of law. [e.g. Parents over the person of
or personal property in PH, leaving no heir their minor children]
or person entitled to the same c. Guardian ad litem – any competent person
o no sufficient cause shown to the contrary appointed by the court to prosecute or defend a
• Court shall adjudge that the estate of the deceased in minor, insane or person declared to be competent,
PH, after the payment of just debts and charges, shall in an action in court.
escheat
ASSIGNMENT OF PROPERTIES FOR LIMITED GENERAL RULE: Only acts of administration are allowed to
PURPOSES be discharged by guardians.
Resident deceased
• assign the personal estate to the municipality or city EXCEPTION: When court orders specifically that a specific
where he last resided in the Philippines act of dominion or ownership may be discharged (i.e selling
or property)
• assign the real estate to the municipalities or cities,
respectively, in which the same is situated.
Never Resided in PH
• the whole estate may be assigned to the respective GENERAL POWERS AND DUTIES OF GUARDIANS
municipalities or cities where the same is located.
(applicable to both guardians over minors & incompetents)
LIMITED PURPOSE:
For the benefit of public schools, and public charitable 1. Care and Custody of Ward, and/or Management of the
institutions and centers in said municipalities or cities. ward’s estate
o If ward is non-resident: Guardian shall have
management of all the estate of the ward
within PH.
o No court other than that in which such
guardian was appointed shall have
GUARDIANSHIP jurisdiction over the guardianship.
2. Pay debts of the ward

CONCEPT o If not sufficient, then out of the ward’s real
Guardianship is a trust relation of most sacred character, in estate upon obtaining an order for the sale or
which one person, called a “guardian” acts for another called encumbrance thereof.
the “ward” whom the law regards as incapable of managing
his own affairs. (Festin) 3. Settle accounts, collect debts, and appear in actions for
the ward
BASIS OF GUARDIANSHIP o Guardian may, with the approval of the court,
Guardianship is the duty of protecting the rights of persons compound for the same, and give discharges
or individuals who because of age or incapacity are in an to the debtor, on receiving a fair and just
unfavorable position vis-à-vis other parties. Unable as they dividend of the estate and effects.
are to take due care of what concerns them, they have the
political community to look after their welfare. 4. Frugally manage the estate and apply proceeds to
maintain the ward
Parens Patriae is inherent in the supreme power of the State. o If income and profit insufficient, guardian
It is in interest of humanity and for the prevention of injury to may sell or encumber the real estate, upon
those who cannot protect themselves. (Festin) being authorized by order to do so, and apply
the proceeds as may be necessary to such
WHO IS A GUARDIAN maintenance.
He is a person appointed by law to entrust with the custody
and control of persons and/or properties of an infant, insane, 5. Join in an assent to a partition of real or personal estate
or persons incapable of managing his own affairs (Festin) held by the ward jointly or in common with others, when
a. Guardian over incompetent who are not minors – authorized by the court.
governed by Rules 92-97 of the Rules of Court o Such authority shall only be granted after
b. Guardian over minors – governed by AM 03-02-05 hearing, upon such notice to the relatives of
SC “Rule on Guardianship of Minors” the ward as the court may direct, and a careful
investigation as to the necessity and propriety
CLASSIFICATION AND KINDS OF GUARDIAN (Festin) of the proposed action.

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6. Render Inventory within 3 months after appointment Over Incompetent Over Minors (A.M. No.
and annually upon request of interested persons 03-02-05 SC)
a. Interested persons may compel, upon
application, to render inventory Incompetent: Minors:
b. Inventories and accounts shall be sworn to by 1. Those suffering from below 18 years of age
the guardian the penalty of civil whether incompetent or
c. All the estate of the ward described in the 1st interdiction
inventory shall be appraised. not
2. Hospitalized lepers
d. In the appraisement, the court may request 3. Prodigals
assistance of one or more inheritance tax 4. Deaf and Dumb
appraisers. 5. Those of unsound
mind even though
NOTE: Whenever any property of the ward not they have lucid
included in an inventory already rendered is discovered, intervals
or succeeded to, or acquired by the ward: Like 6. Persons by reason of
proceedings shall be made for securing an inventory and age, disease, weak
appraisement of it, within 3 months after discovery, mind, and other
succession, or acquisition. similar causes cannot
without aid take care
7. Account for his settlement and allowance of themselves and
a. When: Upon the expiration of a year from the manage their
time of his appointment, and as often as may property
be required.
b. The guardian (other than a parent), shall be
allowed the amount of his reasonable
expenses incurred in the execution of his trust Who may petition for Who may petition for
and compensation for his services, as the court
appointment of guardian? appointment of guardian?
deems just. (should not exceed 15% of the net
income of the ward) a) Any relative, friend, a) Any relative, friend,
or other person or other person
interested b) Ward himself if 14
b) Ward himself yrs. old/over
CONDITIONS OF THE BOND OF THE GUARDIAN c) Director of Health if c) Secretary of Social
(applicable to both guardians over minors & incompetents) needs hospitalization Welfare or Secretary
1. To make and return to the court a complete inventory of Health (in case
within 3 months of the whole estate of his ward insane minor needs
2. To faithfully execute the duties of his trust, manage the hospitalization)
estate, and dispose of the estate
3. To render a true and just account of all the estate of the Venue: Venue:
ward in his hands and all the proceeds therefrom, and at
If resident: CFI of province If resident: Family Court
the expiration of their trust to fully account the
settlement and surrender all that belongs to he ward’s or municipality where of province or
estate ward residing municipality where ward
4. To perform all orders of the court by him to be If non-resident: CFI where residing
performed property or part is situated If non-resident: Family
Court where property or
NOTE: When deemed necessary, the court may require a new
part is situated
bond to be given by the guardian, and may discharge the
sureties on the old bond from further liability, after due notice
to interested persons, when no injury can result therefrom to Factors in appointing: Factors in appointing:
those interested in the estate. a) Financial situation a) Financial situation
b) Physical & Mental b) Physical & Mental
condition condition
c) Moral character & c) Moral character &
RULES ON GUARDIANSHIP OVER MINOR
conduct conduct
d) History of the d) Relationship of trust
RULES ON GUARDIANSHIP appointee with minor
NOTE: Rule 92-97 now only applies to guardianship over e) Ability to discharge e) Ability to discharge
incompetent persons who are not minors. Guardianship over duties and powers duties and powers
minors is governed by A.M. No. 03-02-05 SC.
f) Lack of conflict of
interest with minor

Remedial Law
Grounds for termination: Grounds for termination:

a) Competence of ward a) Emancipation of
b) Death of ward ward WRIT OF HABEAS CORPUS
c) Death of guardian b) Death of ward
d) No need for c) Death of guardian
DEFINITION
guardianship
It is a proceeding which provides for 2 stages whereby:
1. a person restrained of his liberty may be released from
Procedure for Opposition, hearing, and appointment of any kind of illegal detention; or
non-resident guardian are the same 2. are detained from the control of those who are entitled
to their custody.
NATURE
Petition for habeas corpus is like a proceeding in rem as it is
OTHER RULES ON GUARDIANSHIP OF MINORS an inquisition by the government, at the suggestion and
instance of an individual, most probably, but still in the name
Legal Guardian of Minors: father and mother jointly, without and capacity of the sovereign. It is also constituted for the
need for court appointment purpose of fixing the status of a person. There can be no
judgment entered against anybody since there is no real
GROUNDS FOR FILING PETITION FOR plaintiff and defendant. (Alimpos v. CA, 106 SCRA 159)
GUARDIANSHIP OF A MINOR
a) Death, continued absence, or incapacity of parents PURPOSE
b) Suspension, deprivation, or termination of parental To inquire into all manner of involuntary restraint, the
authority legality of detention, and, if the detention is found to be
c) Marriage of surviving parent who is unsuitable to illegal, to require the release of the detainee. (Manguila v. Judge
exercise parental authority Pangilinan, 2013)
d) Best interests of the minor
SCOPE
There are no fixed guideline as to determine which is the best Writ of Habeas Corpus extends to all cases of:
interest of the child but it is inferred from circumstances 1. illegal confinement or detention by which any
which shall best rear the development of the child (Gualbeto v. person is deprived of his liberty; or
Gualberto, 2005) 2. when the rightful custody of any person is
withheld from the person entitled thereto. (Sec. 1,
Another factor is the Tender Age presumption which gives Rule 102)
the mother the preference to be awarded custody of a child
below 7 years of age. CONCEPT OF RESTRAINT
Actual and effective restraint is required, not merely nominal
ORDER OF PREFERENCE IN APPOINTMENT OF or moral. (Zagala v. Ilustre, 48 Phil. 282)
GUARDIAN (IN ABSENCE OF PARENTS)
1) Surviving grandparent However, actual physical restraint is not always required; any
2) Oldest brother or sister of the minor over 21 years of age restraint which will prejudice freedom of action is sufficient.
unless unfit or disqualified (Moncupa v. Enrile et al., 1986)
3) Actual custodian of the minor over 21 years of age
4) Any other person whom the court deems would serve General rule: Inquiry into the cause of detention will proceed
the best interest of the minor. only where restraint exists. Thus, the release of detained
person, whether permanent or temporary, makes the petition
OPPOSITION: WHO MAY FILE for habeas corpus moot.
1) Any interested person by written opposition
2) The social worker ordered to make the case study report, Exceptions:
may intervene on behalf of the minor if he finds that the 1. Doctrine of Constructive Restraint
petition for guardianship should be denied Restraints attached to release which precludes freedom
of action, in which case the Court can still inquire into
GROUNDS FOR OPPOSITION the nature of the involuntary restraint.
1) Majority of the minor
2) Unsuitability of the person for whom letters are prayed. 2. Violation of freedom from threat by the apparent threat
to life, liberty and security of their person from the
GENERAL POWERS AND DUTIES OF GUARDIAN OF A following facts:
MINOR a. Threat of killing their families if they
a) Resident minor: Care and custody of the person of his tried to escape
ward and management of his property, or only b. Failure of the military to protect
management of his property. them from abduction
b) Non-resident minor: Management of all his property c. Failure of the military to conduct effective
within the Philippines investigation (Secretary of National Defense v.
Manalo, 568 SCRA 1)

Remedial Law
NOTE: Temporary release may constitute restraint when: thereof, set forth at large, with a copy of the writ, order
1. Where a person continued to be unlawfully denied one execution, or other process, if any, upon which the party
or more of his constitutional rights is held;
2. Where there is present denial of due process 3. If the party is in his custody or power or is restrained by
3. Where the restraint is not merely involuntary but him, and is not produced, particularly the nature and
appear to be unnecessary gravity of the sickness or infirmity of such party by
4. Where a deprivation of freedom originally valid has reason of which he cannot, without danger, be bought
become arbitrary. (Moncupa v. Enrile et al., 1986) before the court or judge;
4. If he has had the party in his custody or power, or under
JURISDICTION IN ISSUANCE OF WRIT restraint, and has transferred such custody or restraint
1. Supreme Court, the Court of Appeals, or any member to another, particularly to whom, at what time, for what
thereof in the instances authorized by law (enforceable cause, and by what authority such transfer was made.
anywhere in the Philippines)
2. Regional Trial Court, or a judge thereof (enforceable NOTE: The return or statement shall be:
only within his judicial district) 1. Signed by the person who makes it; and
3. Family Court, in case of petition for custody of minors 2. Sworn to by the person who makes it:
and the issuance of the writ in relation to custody of a. if the prisoner is not produced
minors (Section 20, AM 03-04-04-SC, Re: Proposed Rule on b. In all other cases
Custody of Minors and Writ of Habeas Corpus in Relation to i. Unless, the return is made and signed by a
Custody of Minors) sworn public officer in his official capacity.
WHO MAY FILE THE PETITION? (Sec. 3, Rule 102) WHEN RETURN CONSIDERED EVIDENCE, AND WHEN
1. The party for whose relief it is intended; or ONLY A PLEA (Sec. 13, Rule 102)
2. By some person on his behalf
NOTE: ‘Some person’ means any person who has a legally Custody of Prisoner is Restraint of Prisoner’s
justified interest in the freedom of the person whose liberty is Pursuant to Law Liberty is by any Private
restrained or who shows some authorization to make the Authority
application. (Velasco v. CA, 1995)
The return shall be The return shall be
considered prima facie considered only as a plea
evidence of the cause of of the facts therein set
CONTENTS OF THE PETITION restraint forth, and the party
claiming the custody must
prove such facts
The petition, signed and verified either by the party for whose
relief it is intended, or by some person on his behalf, shall set
forth:
1. That the person in whose behalf the application is made DISTINGUISH PEREMPTORY WRIT FROM
is imprisoned or restrained on his liberty; PRELIMINARY CITATION
2. The officer or name of the person by whom he is so
imprisoned or restrained; or, if both are unknown or
uncertain, such officer or person may be described by an Peremptory Writ Preliminary Citation
assumed appellation, and the person who is served with
the writ shall be deemed the person intended; Unconditionally Requires the respondent to
3. The place where he is so imprisoned or restrained, if commands the respondent appear and show cause
known; to have the body of the why the peremptory writ
4. A copy of the commitment or cause of detention of such detained person before the should not be granted.
person, if it can be procured without impairing the court at a time and place
efficiency of the remedy; or, if the imprisonment or therein specified.
restraint is without any legal authority, such fact shall
appear. (Sec. 3, Rule 102) (Lee Yick Hon v. Collector of Customs, G.R. No. L-16779,
March 30, 1921)
WHEN NOT PROPER/APPLICABLE

CONTENTS OF THE RETURN 1. The Writ of Habeas Corpus is not in the nature of a writ
of error. It cannot be used as a substitute for the trial
(Sec. 10, Rule 102) court’s function.
The officer who makes the return or the person who has 2. Where the petitioner has the remedy of appeal or
custody of the prisoner, shall state: certiorari, Writ of Habeas Corpus cannot take place of
appeal, or certiorari.
1. Whether he has or has not the party in his custody or 3. The Writ of Habeas Corpus cannot be used to investigate
power, or under restraint; and consider questions of error that might be raised
2. If he has the party in his custody or power, or under relating to procedure or on the merits.
restraint, the authority and the true and whole cause

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4. It cannot be used for asserting or vindicating the denial 2. where the minor may be found.
of right to bail. (Galvez v. CA, 1994)
CONTENTS OF THE PETITION (Section 4)
The verified petition (accompanied by a certificate against
forum shopping, which the petitioner must sign personally)
WHEN WRIT DISALLOWED/DISCHARGED shall allege the following:
(Sec. 4, Rule 102) 1. The personal circumstances of the petitioner and of the
1. The person alleged to be restrained of his liberty is: respondent;
a. In the custody of an officer under process issued by 2. The name, age and present whereabouts of the minor
a court or judge or by virtue of a judgment or order and his or her relationship to the petitioner and the
of a court of record, and respondent;
b. that the court or judge had jurisdiction to issue the 3. The material operative facts constituting deprivation of
process, render the judgment, or make the order. custody; and
2. If the jurisdiction appears after the writ is allowed, the 4. Such other matters which are relevant to the custody of
person shall not be discharged by reason of any the minor.
informality or defect in the process, judgment, or order
3. The person is charged with or convicted of an offense in VERIFIED ANSWER (Section 7)
the Philippines, or suffers imprisonment under a lawful The respondent’s verified answer to the petition must be filed
judgment. within 5 days after service of summons and a copy of the
4. If it appears that the prisoner was lawfully committed, petition.
and is plainly and specifically charged in the warrant of
commitment with an offense punishable by death (Rule
102, Section 14)
5. Even if arrest of a person is illegal, the following MOTION TO DISMISS (Section 6)
supervening events may bar release:
a. Issuance of a judicial process (Sayo v. Chief of ● GENERAL RULE: A motion to dismiss the petition is
Police of Manila, G.R. No. L-2128, May 12, 1948) not allowed
○ NOTE: Any other ground that might warrant the
b. Filing of a complaint before a trial court which
dismissal of the petition may be raised as an
issued a hold departure order and denied motion
affirmative defense in the answer.
to dismiss and to grant bail (Velasco v. CA, G.R.
No. 118644, July 7, 1995)
c. Filing of an information for the offense for which ● EXCEPTION: A Motion to Dismiss may be filed on the
ground of lack of jurisdiction over the subject matter or
the accused is detained, bars the availability of the
over the parties.
writ of habeas corpus (Velasco v. CA, G.R. No.
118644, July 7, 1995)
CASE STUDY & DUTY OF SOCIAL WORKER (Section 8)
The court may order a social worker to make a case study of
the minor and the parties and to submit a report and
recommendation to the court at least 3 days before the
RULE ON CUSTODY OF MINORS AND scheduled pre-trial, upon the filing of the verified answer or
WRIT OF HABEAS CORPUS IN RELATION the expiration of the period to file it.
TO CUSTODY OF MINORS (A.M. NO. 03-04- PRE-TRIAL IS MANDATORY

04-SC) 1. Failure to file the pre-trial brief or to comply with its
required contents shall have the same effect as failure to
appear at the pre-trial (Section 10)
APPLICABILITY (Section 1) 2. If the petitioner fails to appear personally at the pre-
trial, the case shall be dismissed (Section 11)
1. Petitions for Custody of Minors a. UNLESS: his counsel or a duly authorized
2. Writ of Habeas Corpus in relation to Custody of Minors representative appears in court and proves a valid
excuse for the non-appearance of the petitioner.
3. If the respondent has filed his answer but fails to
appear at the pre-trial, the petitioner shall be allowed to
PETITION FOR CUSTODY OF MINORS present his evidence ex parte. The Court renders
judgment on the basis of the pleadings and the evidence
presented. (Section 9)
WHO MAY FILE THE PETITION
A verified petition for the rightful custody of a minor may NOTICE OF PRE-TRIAL
be filed by any person claiming such right. 15 days after the filing of the answer or the expiration of the
period to file answer, the court shall issue an order:
● fixing a date for the pre-trial conference
● directing the parties to file and serve their
WHERE TO FILE THE PETITION respective pre-trial briefs to the adverse party at
Family Court of the province or city: least 3 days before the date of pre-trial; and
1. where the petitioner resides or

Remedial Law
● requiring the respondent to present the minor minor or take him out of his residence for more
before the court. than 3 days provided it does not prejudice the
visitation rights of the non-custodial parent or
CONTENTS OF PRE-TRIAL BRIEF parents.
1. A statement of the willingness of the parties to enter into
agreements that may be allowed by law, indicating its 2. Hold Departure Order
terms; The minor child subject of the petition shall not be
2. A concise statement of their respective claims together brought out of the country without prior order from the
with the applicable laws and authorities; court while the petition is pending.
3. Admitted facts and proposed stipulations of facts; ● The court, motu proprio or upon application under
4. The disputed factual and legal issues; oath, may issue ex parte a hold departure order,
5. All the evidence to be presented, briefly stating or addressed to the Bureau of Immigration and
describing its nature and purpose; Deportation, directing it not to allow the departure
6. The number and names of the witnesses and their of the minor from the Philippines without the
respective affidavits which shall serve as the affiant's permission of the court.
testimony on direct examination; and ● The Family Court issuing the hold departure order
7. Such other matters as the court may require to be shall furnish DFA and the Bureau of Immigration
included in the pre-trial brief. and Deportation of the DOJ a copy of the hold
departure order within 24 hours from its issuance
and through the fastest available means of
transmittal.
PROVISIONAL ORDER AWARDING CUSTODY & ORDER
OF PREFERENCE Recall of Hold Departure Order
After an answer has been filed or after expiration of the period The court may recall the hold departure order motu
to file it, the court may issue a provisional order awarding proprio, or upon verified motion of any of the parties
custody of the minor. after summary hearing, as may be necessary for the best
interests of the minor.
Order of preference shall be observed in the award of custody:
1. Both parents jointly; 3. Protection Order
2. Either parent, taking into account all relevant The court may issue a Protection Order requiring any
considerations, especially the choice of the minor over person:
seven years of age and of sufficient discernment, unless A. To stay away from the home, school, business, or
the parent chosen is unfit; place of employment of the minor, other parent or
3. The grandparent, or if there are several grandparents, any other party, or from any other specific place
the grandparent chosen by the minor over seven years designated by the court;
of age and of sufficient discernment, unless the B. To cease and desist from harassing, intimidating, or
grandparent chosen is unfit or disqualified; threatening such minor or the other parent or any
4. The eldest brother or sister over twenty-one years of age, person to whom custody of the minor is awarded;
unless he or she is unfit or disqualified; C. To refrain from acts of commission or omission that
5. The actual custodian of the minor over twenty-one years create an unreasonable risk to the health, safety, or
of age, unless the former is unfit or disqualified; or welfare of the minor;
6. Any other person or institution the court may deem D. To permit a parent, or a party entitled to visitation
suitable to provide proper care and guidance for the by a court order or a separation agreement, to visit
minor. the minor at stated periods;
E. To permit a designated party to enter the residence
BEST INTEREST OF THE MINOR during a specified period of time in order to take
In awarding custody, the court shall consider the best personal belongings not contested in a proceeding
interests of the minor and shall give paramount consideration pending with the Family Court; and
to his material and moral welfare. F. To comply with such other orders as are necessary
NOTE: “Best interest of the minor” refers to the totality of the for the protection of the minor.
circumstances and conditions as are most congenial to the
survival, protection, and feelings of security of the minor JUDGMENT
encouraging to his physical, psychological and emotional The court shall render judgment awarding the custody of the
development. minor to the proper party considering the best interests of the
minor.
INTERIM RELIEFS ● If both parties are unfit to have the care and custody of
1. Temporary Visitation Rights the minor, the court may designate either:
● The court, in its order, awards provisional custody ○ the paternal or maternal grandparent of the minor,
appropriate visitation rights to the non-custodial or
parent or parents, ○ his oldest brother or sister, or
○ UNLESS: the court finds said parent or ○ any reputable person to take charge of such minor
parents unfit or disqualified. ● or commit him to any suitable home for children.
● The temporary custodian shall give the court and
non custodial parent or parents at least 5 days' APPEAL
notice of any plan to change the residence of the

Remedial Law
● GENERAL RULE: No appeal from the decision shall be NOTE: The best interest of the child prevails over any
allowed agreement on custody. Any such agreement is void for being
contrary to Article 213 of the Family Code. In this case, the
● EXCEPTION: the appellant has filed a motion for child was below seven years when such agreement was
reconsideration or new trial within 15 days from notice executed. But since the child had in the meantime turned 15,
of judgment. it is now the best interest of the child which becomes the
○ An aggrieved party may appeal from the decision standard for custody. (Dacasin v. Dacasin, G.R. No. 168785,
by filing a Notice of Appeal within 15 days from February 5, 2010)
notice of the denial of the motion for
reconsideration or new trial and serving a copy
thereof on the adverse parties.
WRIT OF AMPARO (A.M. NO. 07-9-12-SC)
CONFIDENTIALITY OF PROCEEDINGS
The hearings on custody of minors may, at the discretion of
the court, be closed to the public and the records of the case
shall not be released to non-parties without its approval.
COVERAGE
Writ of Amparo is a remedy available to any person whose

right to life, liberty and security is violated or threatened
WRIT OF HABEAS CORPUS IN RELATION TO CUSTODY
with violation by an unlawful act or omission of a public
OF MINORS official or employee, or of a private individual or entity.
The writ shall cover:

1. extralegal killings; and
APPLICABILITY 2. enforced disappearances or threats.
The writ applies where rightful custody over a minor is What constitutes enforced disappearance?
withheld from a person lawfully entitled thereto, and where 1. An arrest, detention or abduction of a person by a
the grant of custody to the latter serves the best interest of the government official or organized groups or private
minor child. individuals acting with the direct or indirect
acquiescence of the government.
2. The refusal of the State to disclose the fate or
WHO MAY FILE whereabouts of the person concerned or a refusal to
acknowledge the deprivation of liberty which places
It may be filed by any person claiming such right. such persons outside the protection of law. (Secretary of
National Defense v. Manalo, 568 SCRA 1)
WHERE TO FILE
The petition for a writ of habeas corpus involving custody of
minors is filed with: DIFFERENCE BETWEEN AMPARO AND SEARCH
1. Family Court (enforceable within its judicial region to WARRANT
which the Family Court belongs)
2. Regular court in the absence of the presiding judge of the The production order under the Amparo Rule should not be
Family Court confused with a search warrant for law enforcement under
● BUT: the regular court shall refer the case to the Article III, Section 2 of the 1987 Constitution.
Family Court as soon as its presiding judge returns
to duty) Writ of Amparo Search Warrant
3. Appropriate regular courts in places where there are no
Family Courts. The amparo production It is a protection of the
4. Supreme Court, Court of Appeals, or with any of its order may be likened to the people from the
members (enforceable anywhere in the Philippines) production of documents or unreasonable intrusion of
things under Section 1, Rule the government not a
27 (Motion for production protection of the
RETURN OF THE WRIT or inspection order), which government from the
allows parties to discover or demand of the people.
The writ is returnable to the Family Court, or to any regular inform themselves of all the
court within the judicial region where the petitioner resides facts relevant to the action,
or where the minor may be found, for hearing and decision not only those known to
on the merits. them individually, but also
those known to their
Upon return of the writ, the court shall decide the issue on adversaries.
custody of minors.
(Secretary of National Defense v. Manalo, 568 SCRA 1)

Remedial Law
WHO MAY FILE ISSUANCE OF WRIT OF AMPARO

The court, justice or judge shall immediately order the
(Section 2) issuance of the writ if on its face it ought to issue.
The petition may be filed by the aggrieved party or by any
qualified person or entity in the following order: NOTE:
● In case of urgent necessity, the justice or the judge may
1. Any member of the immediate family, namely: the issue the writ under his or her own hand, and may
spouse, children and parents of the aggrieved party; deputize any officer or person to serve it.
2. Any ascendant, descendant or collateral relative of the ● The writ shall also set the date and time for summary
aggrieved party within the fourth civil degree of hearing of the petition which shall not be later than 7
consanguinity or affinity, in default of those mentioned days from the date of its issuance.
in the preceding paragraph; or
3. Any concerned citizen, organization, association or
institution, if there is no known member of the
immediate family or relative of the aggrieved party. CONTENTS OF RETURN
NOTE: The filing of a petition by the aggrieved party Within 72 hours after service of the writ, the respondent shall
suspends the right of all other authorized parties to file file a verified written return together with supporting
similar petitions. Likewise, the filing of the petition by an affidavits which shall contain the following:
authorized party on behalf of the aggrieved party suspends
the right of all others, observing the order established. 1. The lawful defenses to show that the respondent did not
violate or threaten with violation the right to life, liberty
WHERE TO FILE (Section 3) and security of the aggrieved party, through any act or
The petition may be filed on any day and at any time with: omission;
1. Regional Trial Court of the place where the threat, act or 2. The steps or actions taken by the respondent to
omission was committed or any of its elements occurred. determine the fate or whereabouts of the aggrieved
2. Sandiganbayan party and the person or persons responsible for the
3. Court of Appeals threat, act or omission;
4. Supreme Court 3. All relevant information in the possession of the
5. Any justice of such courts. respondent pertaining to the threat, act or omission
against the aggrieved party; and
NOTE: 4. If the respondent is a public official or employee, the
1. The writ shall be enforceable anywhere in the return shall further state the actions that have been or
Philippines. will still be taken:
2. Petitioner is exempted from payment of docket fees and a. to verify the identity of the aggrieved party;
other lawful fees when filing the petition. b. to recover and preserve evidence related to the
death or disappearance of the person identified in
the petition which may aid in the prosecution of the
CONTENTS OF PETITION person or persons responsible;
(Section 5) c. to identify witnesses and obtain statements from
The petition shall be signed and verified and shall allege the them concerning the death or disappearance;
following: d. to determine the cause, manner, location and time
of death or disappearance as well as any pattern or
1. The personal circumstances of the petitioner; practice that may have brought about the death or
2. The name and personal circumstances of the respondent disappearance;
responsible for the threat, act or omission, or, if the name e. to identify and apprehend the person or persons
is unknown or uncertain, the respondent may be involved in the death or disappearance; and
described by an assumed appellation; f. to bring the suspected offenders before a competent
3. The right to life, liberty and security of the aggrieved court.
party violated or threatened with violation by an
unlawful act or omission of the respondent, and how NOTE:
such threat or violation is committed with the attendant • The return shall also state other matters relevant to the
circumstances detailed in supporting affidavits; investigation, its resolution and the prosecution of the
4. The investigation conducted, if any, specifying the case.
names, personal circumstances, and addresses of the • General denial of the allegations is not allowed.
investigating authority or individuals, as well as the
manner and conduct of the investigation, together with RETURN OF THE WRIT
any report; The Writ of Amparo is returnable to:
5. The actions and recourse taken by the petitioner to 1. If filed with Regional Trial Court: returnable to it or any
determine the fate or whereabouts of the aggrieved judge
party and the identity of the person responsible for the 2. If filed with Sandiganbayan, Court of Appeals or any
threat, act or omission; and justice: to such court or any justice or the Regional Trial
6. The relief prayed for. Court where the threat, act or omission was committed
or any of its elements occurred.
3. If filed with the Supreme Court: to the Supreme Court
or any justice, or to the Court of Appeals, Sandiganbayan

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or any of its justices, or the Regional Trial Court where

the threat, act or omission was committed or any of its NOTE: The procedure under this Rule shall govern the
elements occurred. disposition of the reliefs available under the writ of amparo.
EFFECTS OF FAILURE TO FILE RETURN
(Section 12)
If a respondent fails to file a return, the court, justice or judge CONSOLIDATION
shall proceed to hear the petition ex parte.
(Section 23)
OMNIBUS WAIVER RULE • When a criminal action is filed subsequent to the filing
(Section 10) of a petition for the writ, the latter shall be consolidated
All defenses shall be raised in the return, otherwise, they with the criminal action.
shall be deemed waived. • When a criminal action and a separate civil action are
filed subsequent to a petition for a writ of amparo, the
latter shall be consolidated with the criminal action.
PROCEDURE FOR HEARING
NOTE: After consolidation, the procedure under this Rule
(Section 13)
shall continue to apply to the disposition of the reliefs in the
The hearing on the petition shall be summary.
petition.
• However, the court, justice or judge may call for a
preliminary conference to simplify the issues and
determine the possibility of obtaining stipulations and
admissions from the parties.
INTERIM RELIEFS AVAILABLE TO PETITIONER AND
The hearing shall be from day to day until completed and
RESPONDENT
given the same priority as petitions for habeas corpus.
JUDGMENT WHEN MAY BE FILED

The court shall render judgment within 10 days from the time Upon filing of the petition or at anytime before final judgment
the petition is submitted for decision.
• If proven by substantial evidence: Grant the privilege of INTERIM RELIEFS FOR THE PETITIONER
the writ. The court, justice or judge may grant any of the following
reliefs:
APPEAL
Any party may appeal from the final judgment or order to the 1. Temporary Protection Order
Supreme Court under Rule 45. The appeal may raise Upon motion or motu proprio, order that the petitioner,
questions of fact or law or both. or aggrieved party, and immediate family be protected
• Period of Appeal: 5 working days from the date of (may be extended to officers involved) by Supreme
notice of the adverse judgment. Court accredited agency or institution for security or
protection
2. Inspection Order
Upon verified motion and after due hearing, order any
INSTITUTION OF SEPARATE ACTION person in possession or control of a designated land or
other property, to permit entry for the purpose of
(Section 22)
inspecting, measuring, surveying, or photographing the
This rule does not preclude the filing of separate criminal,
property or any relevant object or operation thereon.
civil or administrative actions.
• But a claim for damages should instead be filed in a ● The motion shall:
proper civil action. ○ state in detail the place or places to be
• If the evidence so warrants, the amparo court may refer inspected
the case to the Department of Justice for criminal ○ be supported by affidavits or testimonies of
prosecution, because the amparo proceeding is not witnesses having personal knowledge of the
criminal in nature and will not determine the criminal enforced disappearance or whereabouts of the
guilt of the respondent aggrieved party.
● If opposed on the ground of national security or of

the privileged nature of the information, the court,
justice or judge may conduct a hearing in chambers
EFFECT OF FILING A CRIMINAL ACTION
to determine the merit of the opposition.
• No separate petition for the writ shall be filed.
● The Inspection Order shall expire 5 days after the
• The reliefs under the writ shall be available by motion in
date of its issuance, unless extended for justifiable
the criminal case.
reasons.

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SCOPE OF WRIT
3. Production Order
Upon verified motion and after due hearing, order any The writ of habeas data was conceptualized as a judicial
person in possession, custody or control of any remedy enforcing the right to privacy, most especially the
designated documents, papers, books, accounts, letters, right to informational privacy of individuals. The writ
photographs, objects or tangible things, or objects in operates to protect a person’s right to control information
digitized or electronic form, which constitute or contain regarding himself, particularly in the instances where such
evidence relevant to the petition or the return, to information is being collected through unlawful means in
produce and permit their inspection, copying or order to achieve unlawful ends. (Roxas v. Gloria Macapagal-
photographing by or on behalf of the movant. Arroyo, 2010)
● If opposed on the ground of national security or of Writ of Habeas Data may be availed of in cases outside of
the privileged nature of the information, the court, extralegal killings and enforced disappearances. Habeas data,
justice or judge may conduct a hearing in chambers to stress, was designed “to safeguard individual freedom
to determine the merit of the opposition. from abuse in the information age.” It can be availed of as an
independent remedy to enforce one’s right to privacy, more
4. Witness Protection Order specifically the right to informational privacy. (Vivares v. St
Upon motion or motu proprio, refer the witnesses to Theresa’s College, 2014)
Department of Justice for admission to the Witness
Protection, Security and Benefit Program
NOTE: The court, justice or judge may also refer the

witnesses to other government agencies, or to accredited AVAILABILITY OF WRIT
persons or private institutions capable of keeping and
The Writ of Habeas Data is a remedy available to any person
securing their safety.
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 or storing of data or information regarding the
INTERIM RELIEFS AVAILABLE TO RESPONDENT
person, family, home, and correspondence of the aggrieved
Upon verified motion of the respondent and after due party. (Section 1)
hearing, the court, justice or judge may issue:
1. an inspection order; or
2. production order.
WHO MAY FILE
(Section 2)
The petition may be filed by:
QUANTUM OF PROOF IN APPLICATION FOR
1. Any aggrieved party
ISSUANCE OF WRIT OF AMPARO 2. In cases of extralegal killings and enforced
The parties shall establish their claims by substantial disappearances, by:
evidence. a. Any member of the immediate family of the
aggrieved party, namely: the spouse, children and
NOTE: Under Section 17: parents; or
● If respondent is a public official or employee: b. Any ascendant, descendant or collateral relative of
○ Must prove that extraordinary diligence, as the aggrieved party within the fourth civil degree
required by the applicable laws, was observed in of consanguinity or affinity, in default of those
the performance of duty. mentioned in the preceding paragraph;
○ Cannot invoke the presumption of regularity to
evade responsibility or liability
WHERE TO FILE
● If respondent is a private individual or entity:
○ Must prove that ordinary diligence, as required by 1. Regional Trial Court, at the option of the petitioner:
applicable laws, was observed in the performance a. Where petitioner resides; or
of duty. b. Where respondent resides; or
c. Which has jurisdiction over the place where the
data or information is gathered, collected or stored
WRIT OF HABEAS DATA (A.M. NO. 08-1-16- 2. Supreme Court
SC) 3. Court of Appeals
4. Sandiganbayan (when action concerns public data files
of government offices).
NOTE: The writ is enforceable anywhere in the Philippines.
INDIGENT NEED NOT PAY DOCKET FEES

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The petition of the indigent shall be docked and acted upon INSTANCES WHEN PETITION MAY BE HEARD IN
immediately, without prejudice to subsequent submission of CHAMBERS
proof of indigency not later than 15 days from the filing of the
petition. (Section 12)
1) Where the respondent invokes the defense that the
release of the data or information in question shall
compromise national security or state secrets; or
CONTENTS OF PETITION 2) When the data or information cannot be divulged to the
public due to its nature or privileged character.
(Section 6)
A verified written petition for a writ of habeas data should
contain:
1) The personal circumstances of the petitioner and the CONSOLIDATION

respondent;
2) The manner the right to privacy is violated or threatened (Section 21)
and how it affects the right to life, liberty or security of ● When a criminal action is filed subsequent to the filing
the aggrieved party; of a petition for the writ, the latter shall be consolidated
3) The actions and recourse taken by the petitioner to with the criminal action.
secure the data or information; ● When a criminal action and a separate civil action are
4) The location of the files, registers or databases, the filed subsequently, petition shall be consolidated with
government office, and the person in charge, in the criminal action.
possession or in control of the data or information, if
known; NOTE: After consolidation, the procedure under this Rule
5) The reliefs prayed for, which may include the updating, shall continue to govern the disposition of the reliefs in the
rectification, suppression or destruction of the database petition.
or information or files kept by the respondent.
In case of threats, the relief may include a prayer for an

order enjoining the act complained of; and EFFECTS OF FILING A CRIMINAL ACTION
(Section 22)
6) Such other relevant reliefs as are just and equitable.
● No separate petition for the writ shall be filed.
● The relief under the writ shall be available to an
aggrieved party by motion in the criminal case.
CONTENTS OF RETURN
NOTE: The disposition of the reliefs available under the writ
(Section 10) of habeas data is governed by this rule.
The return shall contain the following:
1) The lawful defenses such as national security, state
secrets, privileged communications, confidentiality of
the source of information of media and others; INSTITUTION OF SEPARATE ACTION
2) In case of respondent in-charge, in possession or in
(Section 20)
control of the data or information subject of the petition:
The filing of a petition does not preclude the filing of separate
a) a disclosure of the data or information about the
criminal, civil or administrative actions.
petitioner, the nature of such data or information,
and the purpose for its collection;
b) the steps or actions taken by the respondent to
ensure the security and confidentiality of the data
or information; and,
QUANTUM OF PROOF IN APPLICATION FOR
c) the currency and accuracy of the data or
ISSUANCE OF WRIT OF HABEAS DATA
information held; and,
3) Other allegations relevant to the resolution of the The parties shall establish their claims by substantial
proceeding. evidence.
NOTE: Respondent must file the verified written return An indispensable requirement before the privilege of the writ
within 5 work days from service of the writ, together with may be extended is the showing, at least by substantial
supporting affidavits. The 5-day period may be reasonably evidence, of an actual or threatened violation of the right to
extended by the Court for justifiable reasons. privacy in life, liberty or security of the victim. (Roxas v. Gloria
Macapagal-Arroyo, 2010)

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DISTINCTIONS: WRIT OF HABEAS CORPUS, WRIT OF AMPARO, AND WRIT OF HABEAS

DATA
WRIT OF HABEAS CORPUS WRIT OF AMPARO WRIT OF HABEAS DATA
GOVERNING LAW RULE 102 A.M. No. 07-9-12-SC A.M. No. 08-1-16-SC
COVERAGE All cases of illegal confinement Any person whose right to life, Any person whose right to
or detention: liberty, and security is violated or privacy in life, liberty, and
1. by which any person is threatened with violation by an security is violated or threatened
deprived of his liberty; or unlawful act or omission of a with violation by an unlawful act
2. by which the rightful public official or employee, or of a or omission of a public official or
custody of any person is private individual or entity. employee, or of a private
withheld from the person individual or entity engaged in:
entitled thereto 1. Gathering
2. Collecting
3. Storing of data or
information regarding the
person, family, home, and
correspondence of the
aggrieved party.
EFFECTIVITY The Rule took effect on July 1, The Rule took effect on October The Rule took effect on February
1997. 24, 2007. 2, 2008.
WHO MAY FILE 1. The party for whose relief 1. The aggrieved party; or 1. The aggrieved party; or
it is intended; or 2. Any qualified person or 2. In cases of extralegal killings
2. Some other person in his entity in the following order: and enforced
behalf a. Any member of the disappearances:
immediate family a. Immediate Family
b. Any ascendant, b. Any ascendant,
descendant or collateral descendant or collateral
relative within the relative within the
fourth civil degree of fourth civil degree of
consanguinity or consanguinity or
affinity affinity
c. Any concerned citizen,
organization,
association or
institution
VENUE Where the plaintiff resides or 1. SC, CA, and Sandiganbayan: 1. Where the petitioner resides
where the defendant resides. In Manila 2. Where the respondent
case of non-resident defendant, 2. RTC of the place where the resides
where he may be found, at the threat, act, or omission was 3. Which has jurisdiction over
election of the plaintiff. committed, or any of its the place where data or
elements occured. information is gathered, etc.
All at the option of the petitioner.
EXTENT OF 1. If issued by SC, CA, and Anywhere in the Philippines Anywhere in the Philippines
ENFORCEABILITY Sandiganbayan:
Anywhere in the
Philippines
2. If issued by RTC: Within
its Judicial District
WHEN TO FILE Any day and at any time Any day and at any time ----
DOCKET FEES ---- Exempt Exemption only applies to an

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AND OTHER indigent petitioner

LAWFUL FEES
REQUISITES OF Signed and Verified Signed and Verified Verified Written Petition
PETITION
WHEN ISSUED When it appears it ought to be When in its face ought to issue When in its face ought to issue
issued immediately immediately immediately. However, there
should be service within 3 days.
SUMMARY Hearing on return Not later than 7 days from the date Not later than 10 days from the
HEARING of issuance date of issuance
MANNER OF Made by leaving the original ● Personal Service ● Personal Service

SERVICE with the person to whom it is ● If writ cannot be served ● If writ cannot be served
directed and preserving a copy personally on the personally on the
on which to make return of respondent, substituted respondent, substituted
service. service may apply service may apply
● If such person cannot be
found, or was not the
prisoner in custody,
service shall be made on
any person having or
exercising such custody
PENALTIES 1. Clerk of Court who refuses 1. Clerk of Court who refuses to 1. Clerk of Court who refuses to
to issue the writ issue the writ issue the writ
2. Person to whom the writ is 2. Deputized person who 2. Deputized person who
directed, who neglects or refuses to serve the same refuses to serve the same
refuses to obey or make
return or makes false Penalty: Penalty:
return, refuses to deliver to Contempt without prejudice to Contempt without prejudice to
person demanding within other disciplinary actions other disciplinary actions
6 hours
1. Respondent who refuses to 1. Respondent who refuses to
Penalties: make a return, or makes a make a return, or makes a
● Forfeit to the party false return false return
aggrieved P1,000, to be 2. Any person who disobeys or 2. Any person who disobeys or
recovered in a proper resists a lawful process or resists a lawful process or
action order of the court order of the court
● Contempt
Penalties: Penalties:
● Contempt ● Contempt
● Imprisonment ● Imprisonment
● Fine ● Fine
WHEN DEFENSES ---- ---- 1) Where the respondent

MAY BE HEARD invokes the defense that the
IN CHAMBERS release of the data or
information in question shall
compromise national
security or state secrets; or
2) When the data or
information cannot be
divulged to the public due to
its nature or privileged
character.
PROHIBITED ---- (1) Motion to dismiss; (1) Motion to dismiss;

PLEADINGS AND (2) Motion for extension of time to (2) Motion for extension of time to
MOTIONS file return, file return,
opposition, affidavit, position opposition, affidavit, position
paper and paper and

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other pleadings; other pleadings;

(3) Dilatory motion for (3) Dilatory motion for
postponement; postponement;
(4) Motion for a bill of particulars; (4) Motion for a bill of particulars;
(5) Counterclaim or cross-claim; (5) Counterclaim or cross-claim;
(6) Third-party complaint; (6) Third-party complaint;
(7) Reply; (7) Reply;
(8) Motion to declare respondent (8) Motion to declare respondent
in default; in default;
(9) Intervention; (9) Intervention;
(10) Memorandum; (10) Memorandum;
(11) Motion for reconsideration of (11) Motion for reconsideration of
interlocutory interlocutory orders or interim
orders or interim relief orders; and relief
(12) Petition for certiorari, orders; and
mandamus or (12) Petition for certiorari,
prohibition against any mandamus or
interlocutory order. prohibition against any
interlocutory
order.
EFFECT OF ---- The court, justice, or judge shall The court, justice, or judge shall
FAILURE TO FILE proceed to hear the petition ex proceed to hear the petition ex
A RETURN parte parte, granting the petitioner such
relief as the petition may warrant
INTERIM RELIEFS 1. Court Order for the 1. Temporary Protection Order ----
safekeeping of the person 2. Inspection Order
imprisoned or restrained 3. Production Order
as the nature of the case 4. Witness Protection Order
requires
2. Court or judge must be
satisfied that the person’s
illness is so grave that he
cannot be produced
without any danger
JUDGMENT When the court or judge is The court shall render judgment The court shall render judgment
satisfied that the person is within 10 days from the time the within 10 days from the time the
unlawfully imprisoned or petition is submitted for decision. petition is submitted for decision.
restrained, an order for the
discharge from confinement If proven by substantial evidence, If proven by substantial evidence,
shall be made, but shall be the court shall grant the privilege the court shall grant the privilege
effective only after service of a of the writ and such reliefs as may of the writ and such reliefs as may
copy of the order to officer or be proper and appropriate. be proper and appropriate.
person detaining the prisoner. If
the latter does not want to Upon finality, the judgment shall
appeal, prisoner shall be be enforced by the sheriff or any
released. lawful officer designated within 5
working days.
APPEAL 48 hours from notice of Rule 45 by petition for review on Rule 45 by petition for review on
judgment appealed from via certiorari with peculiar features: certiorari with peculiar features:
ordinary appeal 1. Appeal may raise questions 1. Appeal may raise questions
of fact or law or both of fact or law or both
2. Period of appeal shall be 5 2. Period of appeal shall be 5
working days from date of working days from date of
notice of adverse judgment notice of adverse judgment
3. Same priority as habeas corpus 3. Same priority as habeas corpus
cases cases
ARCHIVING AND ---- If upon the court’s determination ----

REVIVAL OF it cannot proceed for a valid cause

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CASES such as the failure of petitioner or

witness to appear due to threats
on their lives, the court shall not
dismiss the petition, but shall
archive it.
NOTE: The petition shall be

dismissed with prejudice upon
failure to prosecute the case after
lapse of 2 years from notice to the
petitioner of the order archiving
the case.
INSTITUTION OF ---- This Rule does not preclude the This Rule does not preclude the
SEPARATE filing of separate criminal, civil, or filing of separate criminal, civil, or
ACTIONS administrative actions. administrative actions.
EFFECT OF FILING ---- ● No separate petition for the ● No separate petition for the
CRIMINAL writ shall be filed. writ shall be filed.
ACTION ● The relief under the writ ● The relief under the writ
shall be available to an shall be available to an
aggrieved party by motion in aggrieved party by motion in
the criminal case. the criminal case.
CONSOLIDATION ---- ● When a criminal action is ● When a criminal action is

filed subsequent to the filing filed subsequent to the filing
of a petition for the writ, the of a petition for the writ, the
latter shall be consolidated latter shall be consolidated
with the criminal action. with the criminal action.
● When a criminal action and a ● When a criminal action and a
separate civil action are filed separate civil action are filed
subsequently, petition for subsequently, petition for
Writ of Amparo shall be Writ of Habeas Data shall be
consolidated with the consolidated with the
criminal action. criminal action.
SUBSTANTIVE ---- The Rule does not diminish, The Rule does not diminish,
RIGHTS increase, or modify substantive increase, or modify substantive
rights recognized and protected rights.
by the Constitution.
SUPPLETORY In absence of special provisions, Rules of Court shall apply Rules of Court shall apply
APPLICATION OF the rules for ordinary actions suppletorily insofar as it is not suppletorily insofar as it is not
RULES OF COURT shall be applicable as far as inconsistent. inconsistent.
practicable

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• Merely changes the word/s by which the person is

identified
CHANGE OF NAME • Does not change, eliminate, nor create family rights and
duties where none exists before
WHEN PROCEEDINGS BECOME ADVERSARIAL

CONCEPT • When the other party has been warned and given
opportunity to oppose or contest the petition.
A change of name is a special proceeding to establish the • This is satisfied by issuing notices to proper party and
status of a person involving his relation with others, that is, publication (Lucas v. Lucas, G.R. No. 190710, June 6, 2011)
his legal position in, or with regard to, the rest of the
community. (Republic v. CA, 209 SCRA 189)
NATURE
It is a proceeding in rem and as such, strict compliance with
jurisdictional requirements, particularly on publication, is
essential to vest the court with jurisdiction.
NOTE: Change of name is a privilege and not a right. For this

purpose, the only name that may be changed is the true or
official name as recorded in the civil register.
GROUNDS FOR CHANGE OF NAME
To justify a request for change of name, petitioner must show

not only some proper or compelling reason, but also that he
will be prejudiced by the use of his true and official name.
(Festin)
Among the grounds for change of name which have been held
valid are:
a) When the name is ridiculous, dishonorable, or extremely
difficult to write or pronounce
b) When the change results as a legal consequence, as in
legitimation
c) When the change will avoid confusion
d) When one has continuously used and been known since
childhood by a Filipino name, and was unaware of alien
parentage
e) A sincere desire to adopt a Filipino name to erase signs
of former alienage, all in good faith and without
prejudicing anybody
f) When the surname causes embarrassment and there is
no showing that the desired change of name was for a
fraudulent purpose or that the change of name would
prejudice public interest
(In re: Petition for change of name and/or correction/cancellation of
entry in civil registry of Julian Lin Carusalan Wang, 2005)
OTHER CONCEPTS (applicable to Rule 103 and 108)

CORRECTION V. CHANGE
• Correct: make or set a right, remove errors
• Change: replace something with another
CLERICAL ERROR
Error which is visible to the eye or obvious to the
understanding; mistake in copying or writing; misspelling or
misstatement
CONSEQUENCES OF CHANGE OF NAME

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DIFFERENCES UNDER RULE 103, RULE 108, AND R.A. 9048 (amended by 10172)
RULE 103 RULE 108 R.A. No. 9048
Cancellation/Correction of Entries
Name of Law Change of Name Clerical Error Act
in the Civil Registry
Change of First Name and Nickname and

Subject Change of Full Name (substantial Change or corrections in the civil
Civil Entries (only typographical or clerical
Matter corrections) entries (substantial corrections)
errors)
Any person interested in any act,

Any person interested in any act, event,
event, order or decree concerning
A person desiring to change his name order, or decree concerning the civil status of
Who may File the civil status of persons which
(Section 1) persons which has been recorded in the civil
has been recorded in the civil
register
register. (Section 1)
1. Local Civil Regisry Office of the city or

municipality where the record being
RTC of the province wherein the sought to be corrected or changed is
RTC of city or province where the
petitioner resides for 3 years prior to kept
Venue corresponding civil registry is
filing, or, in the City of Manila, to the 2. Local Civil Registrar of the place where
located.
Juvenile and Domestic Relations Court. the interested party is presently
residing or domiciled
3. Philippine Consulates
a) That the petitioner has been a bona a) That the petitioner has been a) Facts necessary to establish the merits
fide resident of the province where a bona fide resident of the of the petition
the petition is filed for at least 3 province where the petition b) Particular erroneous entry or entries,
years prior to the date of such is filed for at least 3 years which are sought to be corrected
filing prior to the date of such and/or the change sought to be made.
b) The cause for which the change of filing
the petitioner’s name is sought b) The cause for which the The petition shall be supported with the
c) The name asked for change of the petitioner’s following documents:
name is sought 1) A certified true machine copy of the
c) The name asked for certificate or of the page of the registry
Contents of book containing the entry or entries
Petition sought to be corrected or changed
2) At least 2 public or private documents
showing the correct entry or entries
upon which the correction or change
shall be based
3) Other documents which the petitioner
or the city or municipal civil registrar or
the consul may consider relevant and
necessary for the approval of the
petition.
1) When the name is ridiculous,

dishonorable, or extremely
difficult to write or pronounce
1) The petitioner finds the first name or
2) When the change results as a legal
nickname to be ridiculous, tainted with
consequence, as in legitimation
dishonor or extremely difficult to write
3) When the change will avoid
or pronounce
confusion
2) The new first name or nickname has
Grounds 4) When one has continuously used Upon good and valid grounds.
been habitually and continuously used
and been known since childhood
by the petitioner and he has been
by a Filipino name, and was
publicly known by that first name or
unaware of alien parentage
nickname in the community
5) A sincere desire to adopt a
3) The change will avoid confusion
Filipino name to erase signs of
former alienage, all in good faith
and without prejudicing anybody

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6) When the surname causes

embarrassment and there is no
showing that the desired change
of name was for a fraudulent
purpose or that the change of
name would prejudice public
interest
Summary Proceeding [Can be

converted to adversarial
Kind of
Judicial Proceeding proceeding if there are Administrative Proceeding
Proceeding
substantial changes and affect the
status of an individual]
File a verified petition for the
What to File File a signed and verified petition cancellation or correction of any File an Affidavit
entry.
At least once a week for 3

At least once a week for 3 consecutive
Notice and consecutive weeks in some At least once a week for 2 consecutive weeks
weeks in some newspaper of general
Publication newspaper of general circulation (publish the whole affidavit)
circulation (notice of hearing)
(notice of hearing)
Duty of the Civil Registrar or Consul to post

Posting No posting No posting the petition in a conspicuous place for 10
consecutive days
Who
The Solicitor General or the proper
Participates
provincial or city fiscal shall appear on
on the Part of The Civil Registrar The Civil Registrar or the Consul
behalf of the Government of the
the
Republic
Government
Where to Appeal decision with the Court of Appeal decision with the Court of Appeal decision to the Civil Registrar
Appeal Appeals Appeals General (Head of NCSO)
The city or municipal registrar or the consul

general shall be authorized to collect
reasonable fees as a condition for accepting
Payment of No provision as to payment of
No provision as to payment of fees the petition.
Fees fees
An indigent petitioner shall be exempt from
the payment of the said fees.

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ABSENTEES
CANCELLATION OR CORRECTION OF
ENTRIES IN THE CIVIL REGISTRY
PURPOSE OF THE RULE
To enable the taking of the necessary precautions for the:

1) The interest of the person himself who has disappeared NATURE
2) The rights of third parties against the absentee,
especially those who have rights which would depend A petition for correction is an action in rem. The decision on
the petition binds not only the parties thereto but the whole
upon the death of the absentee; and
world. Notice is thru publication. It is the publication of such
3) The general interest of society which may require that
notice that brings the whole world as a party in the case and
property does not remain abandoned without someone vests the court with jurisdiction to hear and decide it.
representing it and without an owner. (In Re: Petition for
Declaration of Absence of Roberto L. Reyes, 1986) NOTE: Rule 108 may also be filed to recognize foreign
judgment
MAIN AND PRIMARY PURPOSE: The protection of the
TWO NOTICE RULE
interest or property of the absentee.
1) Notice given to persons named in the petition (Rule 108,
Section 4)
GENERAL RULE: No independent action for declaration of 2) Notice through publication, deemed given to persons
presumption of death. not named but have interest in the petition (Rule 108,
Section 5)
EXCEPTION: For purpose of contracting a second marriage.
(Family Code, Article 41)
REQUISITES WHEN SUBSEQUENT PUBLICATION OF
NOTICE OF HEARING CURES THE PETITION’S LACK OR
WHO MAY FILE FAILURE TO IMPLEAD AFFECTED PARTIES
(Sec. 2, Rule 107)

The declaration of absence and appointment of a trustee or 1) Earnest efforts were made by Petitioners in bringing to
administrative may be applied for by any of the following: court all possible interested parties;
a) The spouse present 2) The parties themselves initiated the corrections
b) The heirs instituted in a will, who may present an proceedings;
authentic copy of the same 3) No actual or presumptive awareness of the existence of
c) The relatives who would succeed by the law of intestacy the interested parties; or
d) Those who have over the property of the absentee some 4) When a party is inadvertently left out. (Almojuela v.
right subordinated to the condition of his death. Republic of the Philippines, 2016)
WHEN TO FILE ENTRIES SUBJECT TO CANCELLATION OR

CORRECTION UNDER RULE 108, IN RELATION TO R.A.
(Sec. 2, Rule 107) NO. 9048
1) After lapse of 2 years:
a) From the disappearance of and without any Under Rule 108 Sec. 2 the entries are:
news from the absentee or a) Births
b) Since the receipt of the last news about him. b) Marriages
c) Deaths
2) After 5 years, if the absentee left an administrator of his
d) Legal separations
property. e) Judgments of annulments of marriage
f) Judgments declaring marriages void from the beginning
TERMINATION OF ADMINISTRATION (Sec. 8, Rule 107) g) Legitimations
The trusteeship or administration of the property of the h) Adoptions
absentee shall cease upon order of the court in any of the i) Acknowledgments of natural children
following cases: j) Naturalization
a) When the absentee appears personally or by means of an k) Election, loss, recovery of citizenship
agent l) Civil interdiction
b) When the death of the absentee is proved and his testate m) Judicial determination of filiation
or intestate heirs appear n) Voluntary emancipation of a minor
c) When a third person appears, showing by a proper o) Changes of name
document that he has acquired the absentee’s property
by purchase or other title

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GENERAL MATTERS
CRIMINAL JURISDICTION
Criminal jurisdiction is the authority of the court to hear and

try a particular offense and impose punishment for it.
REQUISITES FOR EXERCISE OF CRIMINAL

JURISDICTION
(1) Jurisdiction over the subject matter

(2) Jurisdiction over the territory
(3) Jurisdiction over the person of the accused
JURISDICTION OVER THE SUBJECT MATTER
The offense should be one which the court is by law

authorized to take cognizance of.
Jurisdiction over the subject matter is conferred by law and

not by the Rules of Court. The conferment must be clear and
it cannot be presumed.
CRIMINAL
PROCEDURE DETERMINATION OF JURISDICTION OVER THE
SUBJECT MATTER
(1) By the allegations in the complaint or information,

and not by the evidence presented during trial.
(2) By the penalty imposable by law on the offense,
and not the penalty actually imposed after trial.
(3) By the law in effect at the time of the institution of
the criminal action, and not the law in effect at the
time of the commission of the offense.
(4) Principle of Adherence of Jurisdiction or Continuing
Jurisdiction
JURISDICTION OVER THE TERRITORY
The offense must have been committed or any one of its

essential ingredients (transitory offense) should have taken
place within the territorial jurisdiction of the court.
Territorial jurisdiction is determined by the geographical

limits of the territory over which the court presides.
In criminal cases, venue is jurisdictional and a court is bereft

of jurisdiction to try an offense committed outside of its
limited territory.
If the court has no territorial jurisdiction, it would still be

deemed as acting without jurisdiction even if, under the law,
the offense is one within its subject matter jurisdiction.

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JURISDICTION OVER THE PERSON OF THE ACCUSED the regularity or

questioning the absence of
a preliminary investigation
The person charged with the offense must have been of the charge against him,
arrested or apprehended, with or without a warrant, or has provided that he raises
voluntary appeared or submitted himself to the jurisdiction them before entering his
of the court. plea.
Voluntary submission is accomplished by seeking an

affirmative relief, or by filing a motion or other pleading
requiring the exercise of the court’s jurisdiction, or Jurisdiction over THE subject matter VIS-À-VIS Jurisdiction
appearing for arraignment or entering trial. over THE person of the accused
NOTE: Making a special appearance to question the

jurisdiction of the court over the person of the accused is not Jurisdiction Over the Jurisdiction Over the
voluntary appearance. Subject Matter Person of the Accused
Jurisdiction over the Jurisdiction over the person
Custody of the law is not necessarily being under the offense charged. charged.
jurisdiction of the court. Being in the custody of the law
signifies restraint on the person, who is thereby deprived of It is conferred by It is acquired by a warrant
his own will and liberty, binding him to become obedient to law. of arrest, by voluntary
the will of the law. Custody of the law is literally custody appearance or submission
over the body of the accused. to the court, or by consent
of the accused or failure to
CUSTODY OF THE LAW VIS-À-VIS JURISDICTION object to the court’s
OVER THE PERSON jurisdiction.
Custody of the Law Jurisdiction Over the General Rule: An An objection can be made
Person of the Accused objection that the through a special
One can be under the One can be subject to the court has no appearance to question the
custody of the law but not jurisdiction of the court jurisdiction over the jurisdiction of the court
yet subject to the over his person, and yet subject matter may over the person of the
jurisdiction of the court not be in the custody of the be raised or accused. If he fails to make
over his person. law. considered motu a timely objection, he will
proprio at any stage of be deemed to have waived
Not required for the Required for the the proceedings or on the same.
adjudication of reliefs adjudication of reliefs appeal.
sought except in sought.
applications for bail which Exception: A party
requires that the applicant may be estopped
be under the custody of the from questioning the
law before the application jurisdiction of the
may be acted upon. court for reasons of
public policy when
NOTE: An application for he initially invokes
or admission to bail does the court’s
not bar the accused from jurisdiction and then
challenging the validity of later on repudiates
his arrest or the legality of the same. (Tijam v.
the warrant issued Sibonghanoy, 1968)
therefor, or from assailing
Jurisdiction of Criminal Courts
MTC, MeTC, MCTC RTC Sandiganbayan

Exclusive original jurisdiction Exclusive original jurisdiction Exclusive original jurisdiction
Except in cases falling within the Except in cases falling within the (1) Violations of R.A. 3019 (Anti-Graft and
exclusive jurisdiction of the RTC and exclusive and concurrent jurisdiction of Corrupt Practices Act), and R.A. 1379
Sandiganbayan: the Sandiganbayan: (Forfeiture of Property Unlawfully
(1) Violations of city or municipal (1) All criminal cases not within the Acquired), and Title VII, Book II, RPC
ordinances committed within exclusive jurisdiction of any court, (Crimes Committed by Public Officers)
their respective territorial tribunal or body (Sec. 20 B.P. 129); where one or more of the accused are
jurisdiction (Sec. 32(1), B.P. 129); officials occupying the following

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(2) Offenses punishable with Appellate jurisdiction positions, whether in a permanent, acting
imprisonment not exceeding six or interim capacity, at the time of the
(6) years, irrespective of the (2) All cases decided by the MTC commission of the offense:
amount of fine, and regardless of within its territorial jurisdiction a. Officials of the executive branch
other imposable accessory or (Sec. 22, B.P. 129); occupying the positions of regional
other penalties, including the civil director and higher (Grade “27”
liability arising from such offenses Special jurisdiction and higher), specifically including:
or predicated thereon, i. Provincial governors,
irrespective of kind, nature, value, (3) Criminal cases as designated by vice-governors, members
or amount thereof (Sec. 32(2), B.P. the SC; of the sangguniang
129); panlalawigan, and
(3) Offenses involving damage to Jurisdiction under specific laws provincial treasurers,
property through criminal assessors, engineers, and
negligence (Sec. 32(2), B.P. 129); (4) Criminal and civil aspects of other provincial
written defamation (Art. 360, department heads;
Summary Procedure RPC); ii. City mayors, vice-mayors,
(5) Criminal cases where one or more members of the
(4) Violations of traffic laws, rules, or of the accused is below 18 years of sangguniang panlungsod,
regulations; age but not less than 15 years, or city treasurer, assessors,
(5) Violations of rental law; where one or more of the victims is engineers and other city
(6) Cases where the penalty a minor at the time of the department heads;
prescribed by law for the offense commission of the offense (R.A. iii. Officials of the diplomatic
charged is imprisonment not 9344); service occupying the
exceeding six (6) months, or a fine (6) Cases against minors cognizable position of consul and
not exceeding P1,000, or both, under the Dangerous Drugs Act, higher;
irrespective of other imposable as amended (R.A. 8369); iv. Philippine army and air
penalties, accessory or otherwise, (7) Violations of R.A. 7610; force colonels, naval
or of the civil liability arising (8) Violations of P.D. 957 (Sale of captains and all officers of
therefrom; Subdivision Lots and higher rank;
(7) Offenses involving damage to Condominiums); v. PNP while occupying the
property through criminal (9) Cases of domestic violence against position of provincial
negligence where the imposable women and children (R.A. 8369); director and senior
fine does not exceed P10,000; (10) Violations of intellectual property superintendents or higher;
(8) Violations of B.P. 22 (A.M. 00-11- rights (A.M. 03-03-03-SC); vi. City and provincial
01-SC, 2003); (11) Money laundering cases (R.A. prosecutors and their
9160), except those committed by assistants, and officials
Special Jurisdiction public officers and private persons and prosecutors in the
who are in conspiracy with such Office of the Ombudsman
public officer and who shall be and special prosecutor;
(9) Application for bail in criminal vii. Presidents, directors or
under the jurisdiction of the
cases in the absence of all RTC trustees, or managers of
Sandiganbayan.
judges in a province or city. (Sec. GOCCs, state universities
35, B.P. 129) or educational institutions
or foundations;
b. Members of Congress and officials
thereof classified as Grade “27”
and up;
c. Members of the Judiciary;
d. Chairmen and members of
Constitutional Commissions;
e. All other national and local
officials classified as Grade “27”
and higher;
(2) Other offenses or felonies whether
simple or complexed with other crimes
committed by those mentioned in (a) in
relation to their office;
(3) Civil and criminal cases filed pursuant to
and in connection with Executive Orders
1, 2, 14 and 14-A;
(4) Petitions for the issuance of the writs of
mandamus, prohibition, certiorari, habeas
corpus, injunction, and other ancillary
writs and processes in aid of its appellate
jurisdiction and over petitions of similar
nature, provided that jurisdiction over
these petitions shall not be exclusive of

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the SC;
Exclusive appellate jurisdiction
(5) Final judgments, resolutions or orders of

the RTC whether in the exercise of its
original or appellate jurisdiction
Exclusive jurisdiction
(6) Private individuals who are charged as

co-principals, accomplices or accessories
with the public officers or employees shall
be tried jointly in the proper courts which
exercise exclusive jurisdiction over them.
To make an offense one committed in relation to the office,

the relation has to be such that, in the legal sense, the offense
Cases cognizable by Sandiganbayan cannot exist without the office. (Montilla v. Hilario, 1951)
Even if the position is not an essential ingredient of the

The jurisdiction of the Sandiganbayan is not confined to offense charged, if the information avers the intimate
violations of the Anti-Graft and Corrupt Practices Act. It has connection between the office and the offense, this would
jurisdiction over offenses or violations under R.A. 1379 and bring the offense within the definition of an offense
Chapter II, Sec. 2, Title VII, Book II of the RPC. “committed in relation to the public office.” (Sanchez v.
Demetriou, 1993)
The salary grade of “27” or higher has no reference to
provincial governors, vice governors or members of the
sangguniang panlalawigan, sangguniang panlungsod, directors
or managers of GOCCs, city mayors, vice mayors, city
treasurers, assessors, engineers, trustees of state universities,
and other officials enumerated in Sec. 4(a)(1) of P.D. 1606. When injunction may be issued to restrain criminal
Those enumerated are subject to the jurisdiction of the prosecution
Sandiganbayan regardless of salary grades. (Inding v.
Sandiganbayan, 2004)
General Rule: The prosecution of a criminal case may not be
enjoined by prohibition or injunction, whether preliminary
It is of no moment that the position of petitioner was merely
or final, because public interest requires that criminal acts be
classified as salary grade 26. While the first part of Sec. 4 of
immediately investigated and prosecuted for the protection
P.D. 1606 covers only officials of the executive branch with
of society (Domingo v. Sandiganbayan, 2000).
the salary grade 27 and higher, the second part thereof
“specifically includes” other executive officials whose
Exceptions:
positions may not be of grade 27 and higher but who are, by
(1) When necessary for the protection of the
express provision of law, placed under the jurisdiction of
constitutional rights of the accused;
said court. (Geduspan v. People, 2005)
(2) When necessary for the orderly administration of
justice or to avoid oppression or multiplicity of suits;
Compensation is not an essential element of a public office
(3) Where there is a prejudicial question which is
and is merely incidental to the public office. (Serana v.
subjudice;
(4) When acts of the officer are without or in excess of
authority;
(5) Where the prosecution is under an invalid law,

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ordinance or regulation;
(6) When double jeopardy is clearly apparent; NOTE: There is no direct filing of a complaint or information
(7) Where court has no jurisdiction over the offense; with the RTC because its jurisdiction covers offenses which
(8) Where it is a case of persecution rather than require preliminary investigation.
prosecution;
(9) Where the charges are manifestly false and motivated EFFECT OF INSTITUTION ON PRESCRIPTIVE PERIOD
by vengeance;
(10) Where there is no prima facie case against the accused The institution of the criminal action interrupts the running
and a motion to quash on that ground has been of the prescriptive period of the offense charged unless
denied; otherwise provided by special laws.
(11) Where preliminary injunction has been issued by the
SC to prevent the threatened unlawful arrest of The running of the period of prescription is interrupted with
petitioner. the filing of the action even if the court in which the action
was first filed is without jurisdiction.
PROSECUTION OF OFFENSES Who may file FOR NON-PRIVATE CRIMES
Persons authorized to file a complaint (Sec. 3, Rule 110, Rules

Criminal actions of Court):
(1) The offended party;
The parties to criminal action are the People of the Philippines
(2) Any peace officer; or
and the accused. The private offended party is regarded
(3) Other public officer charged with the enforcement
merely as a witness for the state, and his interest is limited to
of the law violated.
the civil liability.
Persons authorized to file an information (Sec. 4, Rule 110,
General Rule: If there is a dismissal of a criminal case or an
Rules of Court):
acquittal of the accused, it is only the Office of the Solicitor
(1) City or provincial prosecutor and their assistants;
General (OSG) that may bring an appeal before the CA or SC
or
on the criminal aspect representing the People. (People v.
(2) Duly appointed special prosecutors.
Nano, 1992)
REMEDIES OF THE OFFENDED PARTY IF THE
Exception: In cases elevated to the Sandiganbayan and from
PROSECUTOR REFUSES TO FILE AN INFORMATION
the Sandiganbayan to the SC, the Office of the Ombudsman,
through its special prosecutor, shall represent the People,
(1) Mandamus, in case of grave abuse of discretion;
except in cases filed pursuant to E.O. Nos. 1, 2, 14 and 14-A,
(2) A new complaint before the court having
issued in 1986. (Sec. 4, R.A. 8249)
jurisdiction over the offense;
(3) Take up the matter with the DOJ Secretary in
The private complainant or the offended party may file an
accordance with the Revised Administrative Code;
appeal or a special civil action without the intervention of the
(4) Institute an administrative charge against the
OSG but only insofar as the civil liability of the accused is
prosecutor;
concerned.
(5) Criminal action against the prosecutor with the
corresponding civil action for damages.
HOW INSTITUTED
The institution of a criminal action depends upon whether or
not the offense is one which requires a preliminary WHO MAY FILE FOR PRIVATE CRIMES
investigation.
Private crimes may only be prosecuted by a complaint filed
Preliminary investigation is required for offenses where the by the private offended party (Sec. 5, Rule 110, Rules of
penalty prescribed by law is at least four (4) years, two (2) Court).
months and one (1) day without regard to the fine.
How Instituted
What are the private crimes?
When By filing the complaint with the
preliminary proper officer for the purpose of
investigation is conducting the preliminary (1) Adultery and concubinage;
required investigation. (2) Seduction, abduction, and acts of lasciviousness;
and
When Either by: (3) Defamation.
preliminary (1) Filing the complaint or
investigation is information directly with ADULTERY AND CONCUBINAGE
not required the MTC, MeTC and MCTC;
or The complaint must have been filed by the offended spouse
(2) Filing the complaint with against both guilty parties, unless one of them is no longer
the office of the prosecutor. alive.

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officer, or other public officer charged with the enforcement

The offended party must not have expressly or impliedly of the law violated.
consented to the offense or has pardoned the offenders.
INFORMATION
SEDUCTION, ABDUCTION, AND ACTS OF
LASCIVIOUSNESS An information is an accusation in writing charging a person
with an offense, subscribed by the prosecutor and filed with
The complaint must have been filed by the offended party or the court.
her parents, grandparents or guardian.
If the information was signed and filed by one who had no
If the offended party dies or becomes incapacitated before authority to sign and file the same, the dismissal of the
she can file the complaint and she has known parents, information would not be a bar to a subsequent prosecution
grandparents or guardian, the State shall initiate the criminal under a subsequent valid information. Jeopardy does not
action in her behalf. attach where an accused pleads guilty to a defective
indictment.
If the offended party is a minor, she has the right to initiate
the prosecution of the offense independently of her parents, DISTINCTIONS BETWEEN A COMPLAINT AND
grandparents or guardian except if she is incompetent or INFORMATION
incapable of doing so. If the minor fails to initiate the same,
the complaint may be filed by the minor’s parents, Complaint Information
grandparents or guardian. A sworn written statement. An accusation in writing.
The offended party must not have expressly pardoned the Charges a person with an offense.
offender.
Subscribed by the offended Subscribed by the
DEFAMATION party, any peace officer, or prosecutor.
other public officer
The defamation under the Rules consists in the imputation charged with the
of the offenses of adultery, concubinage, seduction, enforcement of the law
abduction and acts of lasciviousness. violated.
Only the offended party may initiate the criminal action. If a preliminary Filed with the court.
investigation is required, it
is filed with the
prosecutor. If no
Criminal Actions; WHEN ENJOINED preliminary investigation
is required, it is filed either
with the prosecutor or
General Rule: Criminal prosecutions may not be restrained or with the court.
stayed by injunction, preliminary or final (Domingo v.
Sandiganbayan, 2000). Must be sworn, hence, Requires no oath.
under oath.
Exceptions:
(1) To afford adequate protection to the constitutional Filed in the name of the People of the Philippines and
rights of accused; against all persons who appear to be responsible for the
(2) When necessary for the orderly administration of offense involved.
justice or to avoid oppression or multiplicity of
actions;
(3) When there is prejudicial question which is Control of prosecution
subjudice;
(4) When the prosecution is under an invalid law,
General Rule: All criminal actions commenced by a complaint
ordinance or regulation;
or information shall be prosecuted under the direction and
(5) When the court has no jurisdiction over the
control of the public prosecutor. (Sec. 5, Rule 110, Rules of
offense;
Court)
(6) When it is a case of persecution;
(7) When the charges are manifestly false and
Exceptions:
motivated by lust for vengeance;
(1) When the prosecutor assigned is not available, the
(8) When there is clearly no prima facie case against
action may be prosecuted by the offended party,
accused and a motion to quash on the ground has
any peace officer, or public officer charged with the
been denied.
enforcement of the law violated.
(2) When the offense is a violation of a special law, the
COMPLAINT same may be prosecuted by the public prosecutor
with the assistance of a special prosecutor from an
A complaint is a sworn written statement charging a person administrative agency of special competence.
with an offense, subscribed by the offended party, any peace (3) A private prosecutor may solely prosecute the
criminal action if he is authorized in writing by

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either the Chief of the Prosecution Office or the (2) If his name cannot be ascertained, he must be
Regional State Prosecutor. The written described under a fictitious name accompanied by
authorization must be approved by the court. a statement that his true name is unknown.
(3) If, later, his true name is known, his true name shall
NOTE: The authority of the private prosecutor in the 3rd be inserted in the complaint or information and in
exception may be revoked or withdrawn. the records of the case.
Whenever an offended party intervenes in the prosecution of In offenses against property, if the name of the offended
a criminal action, his intervention must always be subject to party is unknown, the property must be described with such
the direction and control of the prosecuting official. (Lee Pue particularity as to properly identify the offense charged.
Lion v. Chue Pue Chin Lee , 2013)
If the offended party is a juridical person, it is sufficient to
The criminal action is prosecuted under the direction and state its name, or any name or designation by which it is
control of the public prosecutor, which requires that the known or by which it may be identified.
prosecutor must be present during the proceedings. (People
v. Beriales, 1976)
Designation of the offense
In designating the offense, the following rules must be

SUFFICIENCY OF COMPLAINT OR INFORMATION observed:
(1) The name given to the offense by statute must be
stated in the complaint or information. If the statute
A complaint or information is deemed sufficient if it gives no designation, then reference shall be made
contains the following: to the section or subsection punishing it.
(1) The name of the accused; if the offense is (2) An averment of the acts or omissions constituting
committed by more than one person, all of them the offense must be included in the designation.
shall be included; (3) The complaint or information shall specify the
(2) The designation of the offense given by statute; qualifying and aggravating circumstances of the
(3) The acts or omissions complained of as constituting offense.
the offense;
(4) The name of the offended party; The specific acts need not be described in detail as it is
(5) The approximate date of the commission of the enough that the offense be described with sufficient
offense; and particularity to make sure the accused fully understands
(6) The place where the offense was committed. (Sec. 6, what he is being charged with. (Guy v. People, 2009)
Rule 110, Rules of Court)
Even if there is no designation of the offense, the
The test for sufficiency of the complaint or information is information is not necessarily vitiated if the facts alleged
whether the crime is described in intelligible terms with such clearly recite the facts constituting the crime charged.
particularity as to apprise the accused, with reasonable
certainty, of the offense charged to enable him to suitably The accused cannot be convicted of a crime, even if duly
prepare for his defense. proven, unless the crime is alleged or necessarily included in
the information files against him. What controls is not the
Substantial defects in the information cannot be cured by title of the information or the designation of the offense but
evidence which would jeopardize the right of accused to be the actual facts recited in the information.
informed of the true nature of the offense he is being
charged with (Ilo v. Court of Appeals, 1960). The accused may be convicted of a crime more serious than
that named in the title or preliminary part if such crime is
General Rule: Objections relating to the form of the complaint covered by the facts alleged in the body of the information
or information cannot be made for the first time on appeal. and its commission is established by evidence (Buhat v. CA,
The accused-appellant should, before arraignment, file either 1996).
for a motion for bill of particulars or a motion to quash.
Failure to do so would amount to a waiver of his objections
to any format defect in the information.
NEGATIVE AVERMENTS
Exception: Where the objection is based on lack of jurisdiction
over the subject matter, the same may be raised or General Rule: Where the statute penalizes generally the acts
considered motu proprio by the court at any stage of the therein defined and is intended to apply to all persons
proceedings or on appeal. indiscriminately, the information is sufficient even if does
not allege that accused falls within the excepted situation.
NAME OF THE ACCUSED
Exception: Where the statute alleged to have been violated
The rules in designating the name of the accused are as applies only to a specific class of persons and to special
follows (Sec. 7, Rule 110, Rules of Court): conditions, the information must allege facts establishing
(1) The name and surname must be stated, or any that the accused falls within the specific class affected.
appellation or nickname by which he has been or is
known.

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Cause of the accusation Amendment of THE complaint or information
The acts or omissions complained of must be alleged in such An amendment is the correction of an error or an omission
form as is sufficient to enable a person of common in a complaint or an information. It is effected by adding or
understanding to know what offense is intended to be striking out an allegation or the name of any party, or by
charged and enable the court to know the proper judgment. correcting a mistaken or inadequate allegation or description
The information must allege clearly and accurately the in any other respect.
elements of the crime charged to inform the accused of the
nature of the accusation against him. WHEN AN AMENDMENT MAY BE MADE
The following must be averred in the information: (1) Before plea

(1) The offense being charged; - With or without leave of court
(2) The acts or omissions complained of as constituting (2) After plea
the offense; and - With leave of court
(3) The qualifying and aggravating circumstances.
AMENDMENT BEFORE PLEA
DATE OF THE COMMISSION OF THE OFFENSE
Without leave of When the amendment is only in
It is not necessary to state the precise date the offense was court form or substance.
committed except when the date if commission is a material
element of the offense. The offense may, thus, be alleged to With leave of court When the amendment:
have been committed on a date as near as possible to the (1) Downgrades the
actual date of its commission. nature of the offense
charged; or
(2) Excludes any accused
from the complaint or
PLACE OF COMMISSION OF THE OFFENSE
information.
The complaint or information is sufficient if it can be AMENDMENT AFTER PLEA

understood from its allegations that the offense was
committed or some of the essential ingredients occurred at Any formal amendment may only be made under two (2)
some place within the jurisdiction of the court, unless the conditions:
particular place where it was committed constitutes an (1) Leave of court must be secured; and
essential element of the offense or is necessary for its (2) The amendment does not cause prejudice to the
identification (Sec. 10, Rule 110, Rules of Court). rights of the accused. (Sec. 14, Rule 110, Rules of
Court).
The following are mere formal amendments:

Duplicity of THE offense (1) A new allegation which relates to the range of
penalty that the court might impose in the event of
conviction.
Duplicity presupposes that there is a joinder of two or more (2) One which does not charge another offense distinct
separate and distinct offenses in one and the same from that already charged.
information or complaint. (3) Additional allegations which do not alter the
prosecution’s theory of the case.
General Rule: A complaint or information must charge only (4) One which does not adversely affect any
one offense. substantial right of accused.
(5) One that merely adds specification to eliminate
Exception: When the law prescribes a single punishment for vagueness in the information and not to introduce
various offenses, such as for: new and material facts, and merely states with
(1) Complex crimes; additional precision something which is already
(2) Special complex crimes; contained in the original information.
(3) Continuous crimes; (6) A mere change in the date of the commission of the
(4) Crimes susceptible of being committed in various crime, if the disparity is not great. (Kummer v.
modes; and People, 2013)
(5) Crimes of which another offense is an ingredient. (7) A mere change in the offense charged, with no
changes being made in the recital of the facts
Duplicity of the offense is ground for a motion to quash. An constituting the offense charged or in the
objection to a complaint or information which charges more determination of the jurisdiction of the court (Pacoy
than one offense must be timely interposed before trial (Sec. v. Cajigal, 2007).
3, Rule 120, Rules of Court). Failure to object on the ground of
duplicity of the offense constitutes a waiver and the accused Any substantial amendments are not allowed at this stage,
may be found guilty of as many offenses as those charged except if the same is beneficial to the accused.
and proved during the trial.
WHEN AN AMENDMENT IS FORMAL OR
SUBSTANTIAL

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NOTE: Since the substitution of the complaint or

Formal Amendment Substantial Amendment information involves a different offense, the accused cannot
It does not change the It is when a defense, under claim double jeopardy.
nature of the crime alleged the original complaint or
in the information, does information, is no longer
not affect the essence of the available after the
offense, cause surprise, or amendment is made, and Venue of criminal actions
deprive the accused of an when any evidence the
opportunity to meet the accused might have would
new averment. be inapplicable to the In criminal cases, venue is jurisdictional and the court has no
complaint or information, jurisdiction to try an offense committed outside its territorial
as amended. jurisdiction. It cannot be waived, changed by agreement of
the parties, nor can it be consented to by the defendant.
It does result in any The rights of the accused
prejudice to the other are prejudiced. The venue is determined by the allegations in the complaint
party. or information, and the place of the commission of the crime
must be proven during trial.
Except when a fact supervenes which changes the nature of
the crime charged in the information or upgrades it to a General Rule: The action must be instituted and tried in the
higher crime, there is a need for another arraignment of the courts of the municipality or territory where the offense was
accused under the amended information. committed or where any of its essential ingredients
occurred.
SUBSTITUTION OF THE COMPLAINT OR
INFORMATION Exceptions:
(1) Felonies under Art. 2 of the RPC
A complaint or information may be substituted if it appears - Cognizable by the Philippine courts even if
at any time before judgment that a mistake has been made in committed outside the territory of the
charging the proper offense. In such a case, the court shall Philippines
dismiss the original complaint or information upon the filing (2) When the SC orders a change of venue or place of
of a new one charging the proper offense, provided the trial to avoid a miscarriage of justice
accused shall not be placed in double jeopardy (Pacoy v. Hon. (3) Complex crimes
Cajigal, 2007) - The RTC of any province in which any one of
the essential elements of the offense had been
Limitations to the rule on substitution: committed has jurisdiction to take cognizance
(1) No judgment has been rendered yet. of the offense.
(2) The accused cannot be convicted of the offense (4) Transitory or Continuing Offense (i.e. B.P. 22 cases)
charged or of any other offense necessarily - The venue is in the place where one of its
included therein. essential elements was committed.
(3) The accused should not be placed in double (5) Offenses committed on board a vessel in the course
jeopardy. of its voyage
- The action may be instituted and tried in the
Amendment Substitution court of the first port of entry, or in the court
May involve either Involves only substantial of the municipality or territory where the
formal or substantial changes. vessel passed during the voyage.
changes. - The places of departure and arrival are not
included as proper venues.
If it is made before It must be with leave of (6) When the case is cognizable by the Sandiganbayan
plea and the court. (7) Libel
amendment is only as - The action may be instituted in:
to form or in (a) The RTC of the city or province
substance, it can be where the libelous article is printed
effected without leave and first published;
of court. (b) If the offended party is a private
individual, where the said
If only as to form, no Another preliminary individual actually resided at the
preliminary investigation is required time of the commission of the
investigation and and the accused has to offense;
retaking of the plea is plead anew to the new (c) If the offended party is a public
needed. information. official, where the latter holds office
at the time of the commission of the
It refers to the same It involves a different offense;
offense charged in the offense which does not (8) Piracy
original information or include or is not - The venue of piracy has no territorial limits.
to an offense necessarily included in the
necessarily included in original charge.
the original charge.

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Intervention of the offended party in THE PROSECUTION a reasonable opportunity to make such reservation.
OF THE criminal action
WHEN RESERVATION NOT ALLOWED

General Rule: The offended party has the right to intervene
by counsel in the prosecution of the criminal action, where
the civil action for recovery of civil liability is instituted in (1) In B.P. 22 cases (Sec. 1(b), Rule 111, Rules of Court);
the criminal action. (2) In cases cognizable by the Sandiganbayan (P.D.
1606, as amended by Sec. 4, R.A. 8249); and
Exceptions: (3) Tax cases (Sec. 7(b)(1), R.A. 9282).
(1) Where from the nature of the crime and the law
defining and punishing it, no civil liability arises in NOTE: While there is no right to reserve the filing of a
favor of the offended party; or separate civil action in B.P. 22 cases, there may still be a
(2) Where the offended party has waived his right to waiver of the civil action or the institution of the civil action
civil indemnity, has expressly reserved his right to prior to the criminal action.
institute a civil action or has already instituted said
action.
COUNTERCLAIM, CROSS-CLAIM, THIRD-PARTY CLAIM
NOTE: The institution of an independent civil action does
not deprive the offended party of the right to intervene in IN A CRIMINAL ACTION
the civil action (i.e. quasi-delicts). By virtue of its
independent character, the civil liability arising from the No counterclaim, cross-claim or third-party complaint may
independent civil action is entirely separate and distinct be filed by the accused in the criminal case. Any cause of
from the civil liability under the RPC. action which could have been the subject thereof may be
litigated in a separate civil action. (Sec. 1(a), Rule 111, Rules of
The appointment of a private prosecutor is done by the Court)
offended party and is the mode by which he intervenes in
the prosecution of the offense. However, such intervention is When civil action may proceed independently
always subject to the direction and control of the public
prosecutor.
A single act or omission that causes damage to an offended
party may give rise to two (2) separate civil liabilities:
(1) Civil liability ex delicto
PROSECUTION OF CIVIL ACTION - One arising from the criminal offense.
(2) Independent civil liability
- One that may be pursued independently of
the criminal proceedings.
Rule on implied institution of civil action with criminal
- It may or may not be based on an obligation
action arising from the act complained of as a felony.
Only the civil liability of the accused arising from the crime
General Rule: When a criminal action is instituted, the civil
charged is deemed included in a criminal action. Civil
action for recovery of civil liability arising from the offense
actions referred to in Arts. 32, 33, 34 and 2176 of the Civil
shall be deemed instituted with the criminal action. The
Code may be filed independently and separately from the
information need not state the civil liability.
criminal case at the same time, without suspension of either
proceeding.
Exceptions:
(1) When the offended party waives the civil action;
Recovery of civil liability under Articles 32, 33, 34 and 2176
(2) When the offended party reserves his right to
of the Civil Code arising from the same act or omission may
institute a separate civil action;
be prosecuted separately even without reservation. The
(3) When the offended party institutes a civil action
reservation and waiver refers only to the civil action for the
prior to the criminal action;
recovery of civil liability arising from the offense charged
(4) In instances when no civil damage results from an
(DMPI Employees Credit Cooperative v. Velez, 2001).
offense (e.g. espionage, violation of neutrality,
flight to an enemy country, and crime against
Even if a civil action is filed independently, the offended
popular representation). In such cases, no
party may still intervene in the criminal prosecution in order
intervention of the offended party is allowed as
to protect the remaining civil interest therein (Philippine
there are no private offended parties; or
Rabbit Bus Lines v. People, 2004).
(5) Independent civil actions and quasi-delicts under
Arts. 32, 33, 34 and 2176 of the Civil Code.
Neither is there a prejudicial question if the civil and
criminal action can, according to law, proceed
WHEN THE RESERVATION OF THE CIVIL ACTION IS
independently of each other. In no case, however, may the
MADE
offended party recover damages twice for the same act or
omission charged in the criminal action (People v. Consing, Jr.,
(1) Before the prosecution starts to present its
2003).
evidence; and
(2) Under circumstances affording the offended party
PROHIBITION ON DOUBLE RECOVERY

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(1) Novation does not extinguish criminal liability.

In no case may the offended party recover damages twice for (2) The extinction of the penal action does not carry
the same act or omission charged in the criminal action (Sec. with it the extinction of the civil action (Sec. 2, Rule
3, Rule 111, Rules of Court). 111, Rules of Court).
- Exception: When the acquittal is made on the
ground that the accused is not the author of
the act or omission complained of
(3) Payment of civil liability does not extinguish
criminal liability.
When separate civil action is suspended (4) A final judgment rendered in a civil action
absolving the defendant from civil liability is not a
bar to a criminal action against the defendant for
the same act or omission subject of the civil action.
After the filing of the criminal action, the civil action which (5) The acquittal in a criminal case does not carry with
has been reserved cannot be instituted until final judgment it relief from administrative liability.
has been rendered in the criminal action.
If the civil action is instituted before filing of the criminal

action and the criminal action is subsequently commenced,
the pending civil action shall be suspended until final
judgment in the criminal action has been rendered, as long Prejudicial question
as no judgment on the merits has yet been entered in the
civil action. A prejudicial question is that which arises in a case, the
resolution of which is the logical antecedent of the issue
Exceptions: involved therein, and the cognizance of which pertains to
(1) In cases of independent civil actions based on Arts. another tribunal. It is determinative of the criminal case, but
32, 33, 34 and 2176 of the Civil Code; the jurisdiction to try and resolve it is lodged in another
(2) Where the civil action presents a prejudicial tribunal. It is based on a fact distinct and separate from the
question; crime but is so intimately connected with the crime that it
(3) Where the civil action is consolidated with the determines the guilt or innocence of the accused.
criminal action; and
(4) Where the civil action is not one intended to enforce
civil liability arising from the offense.
REQUISITES FOR A PREJUDICIAL QUESTION
Effect of death of the accused OR convict on HIS CRIMINAL (1) The civil case must be instituted prior to the
LIABILITY criminal action;
(2) The civil case involves facts intimately related to
Death of the accused prior to final judgment extinguishes his those upon which the criminal prosecution would
criminal liability (People v. Paras, 2014). be based;
(3) The issue in the civil case is determinative of the
issue in the criminal case;
(4) Jurisdiction to try said question must be lodged in
EFFECT OF DEATH OF THE ACCUSED OR CONVICT ON another tribunal.
HIS CIVIL LIABILITY
WHEN A PREJUDICIAL QUESTION MAY NOT BE
INVOKED
The case is dismissed
Accused dies before without prejudice to any (1) When both cases are criminal;
arraignment civil action against the (2) When both are civil;
estate of the deceased. (3) When both cases are administrative;
(4) When one case is administrative and the other civil;
Accused dies after or
The civil liability arising
arraignment and during (5) When one case is administrative and the other
from the crime is
the pendency of the criminal.
extinguished.
criminal action
The issue that leads to a prejudicial question is one that arises
The above rule does not apply to independent civil action in the civil case and not in the criminal case. It is the issue in
and civil liabilities arising from sources of obligation not the civil case which needs to be resolved first before it is
arising from the offense charged. They may be continued determined whether or not the criminal case should proceed
against the estate, legal representative, or heirs after proper or whether or not there should be a judgment of acquittal or
substitution. conviction. As such, it is the criminal case that should be
suspended.
OTHER RULES ON NON-EXTINGUISHMENT OF
LIABILITIES

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SUSPENSION OF THE CRIMINAL ACTION BY REASON PRELIMINARY INVESTIGATION

OF PREJUDICIAL QUESTION
A petition for the suspension of the criminal action is A preliminary investigation is an inquiry or proceeding the
required. The same cannot be suspended motu proprio by the purpose of which is to determine whether there is sufficient
court or the investigating prosecutor. As such, the ground to engender a well-founded belief that a crime has
determination of the pendency of a prejudicial question been committed and that the respondent is probably guilty
should be made at the first instance in the criminal action, thereof, and should be held for trial (Sec. 1, Rule 112, Rules of
and not before the SC. (IBP v. Atienza, 2010) Court).
The petition for suspension is filed with: Nature of right

(1) The office of the prosecutor conducting the
A preliminary investigation is “merely inquisitorial, and it is
preliminary investigation; or
often the only means of discovering the persons who may
(2) When the criminal action has been filed in court for
reasonably be charged with a crime, to enable the prosecutor
trial, in the same court at any time before the
to prepare his complaint or information. It is not a trial of the
prosecution rests (Sec. 6, Rule 111, Rules of Court).
case on the merits” and does not place the persons against
whom it is taken in jeopardy. (Paderanga v. Drilon, 1991)
The filing for a petition for suspension does not require that
the criminal case be already filed in court. It is sufficient that
The holding of a preliminary investigation is not required by
the case be in the stage of preliminary investigation as long as
the Constitution. The right thereto is of a statutory character
there has already been a previously instituted civil case.
and may be invoked only when specifically created by statute
(Riano)
(Marinas v. Siochi, 1981). But while the right is statutory rather
than constitutional, since it has been established by statute, it
General Rule: If the civil action is commenced before the
becomes a component of due process in criminal justice.
institution of the criminal action, the civil action shall be
(Duterte v. Sandiganbayan, 1998)
suspended in whatever stage it may be found before
judgment on the merits, once the criminal action is
The right to preliminary investigation is a personal right
commenced.
which may be waived expressly or impliedly for failure to
invoke the right prior to or at the time of the plea. (Benedicto
Exception: When there is a prejudicial question.
v. CA, 2001)
The rule authorizing the suspension of the criminal action by
The absence of a preliminary investigation does not affect the
reason of a prejudicial question does not prescribe the
jurisdiction of the court or invalidate the information if no
dismissal of the criminal action.
objection was raised by the accused (People v. Madraga, 2000).
Rule on filing fees in civil action deemed instituted with
The conduct of preliminary investigation is an executive
criminal action function that the courts cannot interfere with in the absence
of grave abuse of discretion (Salapuddin v. CA, 2013). Such
function is lodged, at the first instance, with the public
General Rule: There are no filing fees required for actual
prosecutor and ultimately, with the Secretary of Justice.
damages claimed unless required by the Rules. (Sec. 1(a),
Purposes of preliminary investigation
Filing fees are paid only when the offended party claims
moral, nominal, temperate or exemplary damages, other (1) To inquire concerning the commission of a crime
than actual damages. When the amount of such damages is and the connection of the accused with it, in order
specified, the filing fees shall be paid upon the filing of the that he may be informed of the nature and character
criminal action in court. If no amount is specified but any of of the crime charged against him, and, if there is
such damages is subsequently awarded, the filing fees shall probable cause for believing him guilty, that the
constitute a first lien on the judgment awarding such State shall take the necessary steps to bring him to
damages. (Sec. 1(a), Rule 111, Rules of Court) trial.
(2) To secure the innocent against hasty, malicious,
Exception: In criminal actions for violation of B.P. 22, the and oppressive prosecutions, and to protect him
amount of the check involved shall be considered as the from an open and public accusation of crime, from
actual damages for which no separate civil action is allowed the trouble, expense, and anxiety of a public trial,
and the filing fees shall be based on the amount of the check and also to protect the State from useless and
(Sec. 1(b), Rule 111, Rules of Court). In estafa cases, the filing expensive trials (Sausi v. Querubin, 1975).
fees shall be paid based on the amount involved (A.M. 04-2- (3) To preserve the evidence and keep the witnesses
04). within the control of the State.
(4) To determine the amount of bail, if the offense is
bailable (Callo-Claridad v. Esteban, 2013).
PROBABLE CAUSE FOR THE FILING OF A

COMPLAINT

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Probable cause pertains to facts and circumstances sufficient (4) years, two (2) months, and one (1) day without regard to
to support a well-founded belief that a crime has been the fine. (Sec. 1, Rule 112, Rules of Court)
committed and the accused is probably guilty thereof.
Exception: In cases where there is a valid warrantless arrest
Probable cause does not mean actual and positive cause nor involving an offense which requires a preliminary
does it import absolute certainty. It is merely based on investigation, the accused shall be required to undergo an
opinion and reasonable belief and need not be based on clear inquest instead of a preliminary investigation. This
and convincing evidence of guilt. It requires more than bare proceeding is required before a complaint or information
suspension but less than evidence to justify a conviction. may be filed against the person arrested. (Sec. 6, Rule 112,
Rules of Court as amended by A.M. No. 05-08-26-SC)
A finding of probable cause may rest upon evidence which is
not legally competent in a criminal trial. Thus, it may be based Exceptions to the exception:
on hearsay so long as there is a substantial basis for crediting (1) In the absence or unavailability of an inquest
the hearsay. (Estrada v. Office of the Ombudsman, 2015) prosecutor in the place where the person was
arrested, an inquest may be dispensed with and a
The validity and merits of a party’s defense and accusation, complaint may be filed directly with the proper
as well as the admissibility of testimonies and evidence, are court on the basis of the affidavit of the offended
better ventilated during the trial proper and not during a party or arresting officer or person. (Sec. 6, Rule 112,
preliminary investigation. (Shu v. Dee, 2014) Rules of Court as amended by A.M. No. 05-08-26-SC)
(2) The person lawfully arrested without a warrant for
Who may conduct determination of existence of probable an offense which requires a preliminary
cause investigation may ask for a preliminary
investigation before the complaint or information is
filed. However, the following rules shall apply:
The following are authorized to conduct a preliminary a. The person arrested must sign a waiver
investigation (Sec. 2, Rule 112, Rules of Court): in writing of the provisions of Art. 125 of
(1) Provincial or city fiscal and their assistants; the RPC (delay in the delivery of detained
(2) National and Regional state prosecutors; persons to the proper judicial authorities) in
(3) Other officers as may be authorized by law. the presence of his counsel;
- The COMELEC for election offenses b. The preliminary investigation must be
punishable under the Omnibus Election Code;
terminated within fifteen (15) days from
- The Ombudsman for any illegal, unjust, its inception. (Sec. 10, DOJ Rules on
improper or inefficient act or omission of any Inquest)
public officer or employee, office or agency;
- The PCGG with the assistance of the OSG and NOTE: The accused subject of a valid warrantless arrest
other government agencies. cannot ask for a preliminary investigation if the penalty
involved is less than four (4) years, two (2) months and one
NOTE: The House of Representatives has already approved (1) day.
House Bill No. 7375 which seeks to abolish the PCGG as of
May 15, 2018. This, however, is yet to be signed into law. If an information or complaint has already been filed, the
person arrested may still ask for a preliminary investigation
Judges of first level courts are not allowed to conduct within five (5) days from the time he learns of its filing.
preliminary investigations (A.M. No. 05-8-26-SC). The
includes judges from the MTC, MCTC and RTC. If the accused asks for a preliminary investigation, the same
may be conducted by the Inquest Officer himself or by any
Cases REQUIRING a preliminary investigation other Assistant Prosecutor to whom the case may be
assigned. (Sec. 10, Part II, Manual for Prosecutors)
A preliminary investigation is required to be conducted
before the filing of a complaint or information for an offense The waiver of the provisions of Art. 125 of the RPC does not
where the penalty prescribed by law is at least four (4) years, preclude the person arrested from applying for bail (Sec. 6,
two (2) months and one (1) day without regard to the fine. Rule 112, Rules of Court) since the person arrested is still
(Sec. 1, Rule 112, Rules of Court) under detention. This rule also applies even if no
information has yet been filed against him. (Sec. 17(c), Rule
INQUEST 114, Rules of Court)
An inquest is an informal and summary investigation An application for bail must be filed before and issued by
conducted by a public prosecutor in criminal cases involving the court in the province, city, or municipality where the
persons arrested and detained without the benefit of a person arrested is held.
warrant of arrest issued by the court for the purpose of
determining whether or not said persons should remain Inquest proceedings are proper only when the accused has
under custody and correspondingly be charged in court. been lawfully arrested without a warrant.
(Sec. 1, DOJ Rules on Inquest)
Inquest Preliminary Investigation
General Rule: A preliminary investigation is required to be Required when the Required for an offense
conducted before the filing of a complaint or information for accused has been lawfully where the law prescribes a
an offense where the law prescribes a penalty of at least four arrested and detained penalty of at least four (4)
without a warrant. years, two (2) months, and

Remedial Law
one (1) day without regard (1) Within five (5) days from the issuance of the
to the fine. resolution, the record of the case shall be forwarded
to the Chief State Prosecutor, Regional State
Purpose is to determine Purpose is to determine Prosecutor, Provincial/City Prosecutor, or to the
whether or not the person whether there is sufficient Ombudsman or his deputy. (Sec. 4, Rule 112, Rules
detained should remain ground to engender a well- of Court)
under custody (legality of founded belief that a crime
the arrest) and then has been committed and NOTE: The prior written authority or approval of the said
charged in court. that the respondent is officers are required before any complaint or information
probably guilty thereof, may be filed or dismissed.
and should be held for
trial. (2) Within ten (10) days from receipt of the resolution,
the Chief State Prosecutor, Regional State
Not waivable. Waivable. Prosecutor, Provincial/City Prosecutor, or the
Ombudsman or his deputy may reverse or affirm
Conducted by a public Conducted by a public the resolution and shall immediately inform the
prosecutor who is prosecutor or other officers parties of such action. (Sec. 4, Rule 112, Rules of
assigned inquest duties as authorized by law. Court)
an Inquest Officer. (3) Where the investigating prosecutor recommends
the dismissal but his recommendation is
The inquest conducted The investigation disapproved by the Chief State Prosecutor,
must be for the offense for conducted must be for the Regional State Prosecutor, Provincial/City
which the detainee was offense for which the Prosecutor, or the Ombudsman or his deputy on
arrested. complaint was filed. the ground that probable cause exists, the latter
may:
The accused may apply for The accused may apply for a. File the information himself; or
bail since he is already bail as a matter of right as b. Direct another assistant prosecutor or
under the custody of the long as the offense for state prosecutor to do so without
law. which he is charged is one conducting another preliminary
not punishable by death, investigation. (Sec. 4, Rule 112, Rules of
reclusion perpetua, or life Court)
imprisonment. (4) Within fifteen (15) days from receipt of the assailed
resolution, the aggrieved party may file a motion
Resolution of the investigating PROSECUTOr for reconsideration. (Sec. 3, NPS Rule on Appeal)
(5) Within fifteen (15) days from denial of the motion
for reconsideration, the aggrieved party may
(1) If the investigating prosecutor finds probable cause to appeal to the Secretary of Justice. (Sec. 1, NPS Rule
hold the respondent for trial, he shall prepare both a on Appeal)
resolution and information. The information shall (6) The appeal before the Secretary of Justice shall not
contain a certification by the investigating officer under hold or prevent the filing of the corresponding
oath in which he shall certify to the following: information in court, unless the Secretary of Justice
a. He or an authorized officer has personally directs otherwise. However, the appellant and
examined the complainant and his witnesses; prosecutor may hold in abeyance the proceedings
b. There is reasonable ground to believe that a in court pending resolution of the appeal. (Sec. 9,
crime has been committed; NPS Rule on Appeal)
c. The accused is probably guilty thereof;
d. The accused was informed of the complaint NOTE: While an appeal before the Secretary of Justice does
and of the evidence submitted against him; not prevent the filing of the information before the court, the
and proceedings itself may nonetheless be held in abeyance.
e. He was given an opportunity to submit
controverting evidence. (Sec. 4, Rule 112, Rules (7) The proper party, upon motion, may ask for the
of Court) suspension of the arraignment if the petition for
(2) If the investigating prosecutor finds no probable cause, review of the resolution of the prosecutor is still
he shall recommend the dismissal of the complaint. pending. (Sec. 11(c), Rule 116, Rules of Court)
(8) The resolution of the Secretary of Justice may be
An information shall still be considered valid despite the assailed by a petition for certiorari under Rule 65 of
absence of a certification for the reason that such certification the Rules of Court before the CA on the ground of
is not an essential part of the information itself. (Alvizo v. grave abuse of discretion amounting to lack or
Sandiganbayan, 1993) What is not allowed is the filing of an excess of jurisdiction, and not a petition for review
information without a preliminary investigation having been under Rule 43 of the same Rules. (Salapudin v. CA,
conducted. 2013)
TAX AND TARIFF CASES
REVIEW (9) For tax and tariff cases, a petition for certiorari
under Rule 65 may be filed before the CTA. (BOC v.
Devanadera, 2015)

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warrantless arrest or a
ADMINISTRATIVE APPEALS previous valid arrest
pursuant to other legal
(10) Administrative appeals of the resolution of the processes
Secretary of Justice may be brought before the
Office of the President under the following If the evidence engenders a An order for the
conditions: doubt as to the existence of submission of additional
a. The offense involved is punishable by probable cause evidence within five (5)
reclusion perpetua to death; days from notice shall be
b. New and material issues are raised issued.
which were not previously presented
before the DOJ and were not, hence, Once a criminal complaint or information is filed in court,
ruled upon; any disposition of the case or dismissal or acquittal or
c. The prescription of the offense is not due conviction of the accused rests within the exclusive
to lapse within six (6) months from notice jurisdiction, competence, and discretion of the trial court.
of the questioned resolution; and (Crespo v. Mogul, 1987)
d. The appeal or petition for review is filed
within thirty (30) days from notice. While the judge may rely on the fiscal’s resolution, the same
(11) Within fifteen (15) days from notice of an adverse is not conclusive on him as the issuance of an arrest warrant
decision by the Office of the President, a verified calls for the exercise of judicial discretion. The judge may
petition for review under Rule 43 of the Rules of require the submission of affidavits of witnesses to aid him
Court may be taken to the CA. in arriving at the proper conclusion, or he may require the
(12) The party aggrieved by the judgment, final order or fiscal to conduct further preliminary investigation or
resolution of the CA may file a petition for review reinvestigation.
on certiorari under Rule 45 of the Rules of Court to
the SC. When a motion to withdraw an information on the ground
of lack of probable cause based on a resolution of the
NOTE: While judicial pronouncements do not allow an Secretary of Justice is filed, the trial court shall make an
appeal to the CA under Rule 43 of the Rules of Court from independent assessment of the merits of such motion as it
the resolution of the Secretary of Justice, the appeal referred has already acquired jurisdiction over the case. While the
to in such pronouncements pertains only to a judicial appeal, Secretary’s ruling is persuasive, it is not binding on the
and not an administrative appeal. courts. (Lanier v. People, 2014)
RULINGS OF THE OMBUDSMAN IN CRIMINAL The issuance of a warrant of arrest implies the existence of a
CASES finding of probable cause by the court.
(13) In criminal cases, the ruling of the Ombudsman The option to order the prosecutor to present additional
shall be elevated to the SC by way of Rule 65 of the evidence is not mandatory. The court’s first option is for it to
Rules of Court on the ground of grave abuse of immediately dismiss the case if the evidence on record
discretion amounting to lack or excess of clearly fails to establish probable cause. (Mendoza v. People,
jurisdiction. 2014)
The order of the court dismissing a case for lack of probable

cause is a final order since it disposes of the case, terminates
When warrant of arrest may issue the proceedings, and leaves the court with nothing further to
do with respect to the case. (Cajipe v. People, 2014) As such,
the proper remedy is an appeal, and not a petition for
Within ten (10) days from the filing of the complaint or certiorari.
information, the judge shall personally evaluate the
resolution of the prosecutor. Thereafter, he may take the WHEN WARRANT OF ARREST IS NOT NECESSARY
following actions:
A warrant of arrest is not required in the following
If the evidence fails to The case shall be instances:
establish probable cause dismissed. (1) When a complaint or information has already been
filed pursuant to a lawful warrantless arrest (Sec.
If the evidence establishes A warrant of arrest shall be 5(c), Rule 112, Rules of Court);
probable cause issued. However, if the (2) When the accused is charged for an offense
judge is satisfied that there punishable only by fine (Sec. 5(c), Rule 112, Rules of
is no necessity for placing Court); or
the accused under custody, (3) When the case is subject to the Rules on Summary
he may issue summons Procedure (Sec. 16, 1991 Rules on Summary
instead of an arrest Procedure) unless he fails to appear whenever
warrant. required. (Uy v. Javellana, 2012)
If a complaint or A commitment order shall
information was already be issued instead of a
filed pursuant to a lawful warrant of arrest.

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Cases not requiring a preliminary investigation

After the filing of the complaint/information in court
without a PI, the accused may within 5 days from the time
A criminal case within the scope of the Revised Rule on he learns of its filing, ask for a PI with the same right to
Summary Procedure does not require a preliminary adduce evidence in his defense as provided in Rule 112 of
investigation prior to the filing of the same. A criminal case the Rules of Court (Sec. 6, Rule 112, Rules of Court).
within the scope of this Rule shall be commenced either by:
(1) Filing a complaint or information in the MTC; or
(2) In Metro Manila and other chartered cities, filing an
ARREST
information, except when the offense cannot be
prosecuted de officio. ARREST
Where a preliminary investigation is not required because An arrest is the taking of a person into custody in order that
the imposable penalty is less than four (4) years, two (2) he may be bound to answer for the commission of an
months and one (1) day, a criminal action may be initiated offense. (Sec. 1, Rule 113, Rules of Court)
by:
(1) Filing a complaint directly with the prosecutor; or An arrest implies control over the person under custody
(2) Filing a complaint or information with the MTC. and, as a consequence, a restraint on his liberty to the extent
that he is not free to leave on his own volition.
For cases under the Revised Rules on Summary Procedure,
no warrant shall be issued except where accused fails to How made
appear after being summoned.
(1) By actual restraint of the person to be arrested.
If the complaint is filed with the prosecutor involving an (2) By his submission to the custody of the person
offense punishable by imprisonment of less than 4 years, 2 making the arrest. (Sec. 2, Rule 113, Rules of Court)
months and 1 day, the procedure in Sec. 3(a), Rule 112 of the
Rules of Court shall be observed. An arrest implies control over the person under custody
and, as a consequence, a restraint on his liberty to the extent
If the complaint is filed with the MTC, the same procedure that he is not free to leave on his own volition.
under Sec. 3(a), Rule 112 of the Rules of Court shall be
observed. Neither the application of actual force, manual touching of
the body, or physical restraint, nor a formal declaration of
arrest, is required for arrest to exist. It is enough that there
be an intention on the part of one of the parties to arrest the
Remedies of THE accused IF THERE WAS NO (or an other, and that there be an intent on the part of the other to
irregularity) preliminary investigation submit. (Luz v. People, 2012)
Upon a lawful arrest, the following may be confiscated from

(1) Question the regularity or absence of a preliminary
the person arrested (search incidental to a lawful arrest):
investigation before he enters his plea;
(1) Objects subject of the offense or used or intended to
(2) Insist on a preliminary investigation;
be used in the commission of the crime;
(3) File a motion for reinvestigation or motion to
(2) Fruits of the crime;
remand the case to the office of the prosecutor to
(3) Those which might be used by the arrested person
conduct a preliminary investigation;
to commit violence or to escape;
(4) File a motion for judicial determination of probable
(4) Dangerous weapons and those which may be used
cause;
as evidence in the case.
(5) File a certiorari, if refused; or
(6) Raise lack of PI as error on appeal.
The absence of a preliminary investigation does not affect

WHEN A WARRANTLESS ARREST IS LAWFUL
the court’s jurisdiction over the case nor does it impair the
validity of the information or otherwise, renders it defective.
(Enriquez v. Sarmiento, Jr., 2006) General Rule: No peace officer or person has the power or
authority to arrest anyone without a warrant except in those
The absence of a preliminary investigation is not a ground cases expressly authorized by law.
for the quashal of a complaint or information as the same is
not included in the enumeration of the grounds for a motion Exceptions:
to quash under Sec. 3, Rule 117 of the Rules of Court. (1) In flagrante delicto arrest (Sec. 5(a), Rule 113, Rules of
Court);
If the accused timely objects to the absence of a preliminary (2) Hot pursuit (Sec. 5(b), Rule 113, Rules of Court);
investigation, the court should not dismiss the information. (3) When the person to be arrested is a prisoner who
Instead, the case should be remanded to the prosecutor for has escaped from a penal establishment or place
the investigation to be conducted. (Larrañaga v. CA, 1998) where he is serving final judgment or is
temporarily confined while his case is pending, or
The trial court, instead of dismissing the information, should has escaped while being transferred from one
hold in abeyance the proceedings and order the public confinement to another (Sec. 5(c), Rule 113, Rules of
prosecutor to conduct a preliminary investigation. Court);

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(4) When a person previously lawfully arrested has knowledge of facts and circumstances that the person to be
escaped or is rescued, any person may immediately arrested has committed it. (Sec. 5(b), Rule 113, Rules of Court)
pursue or retake him without a warrant at any time
and in any place within the country (Sec. 13, Rule REQUISITES OF A VALID HOT PURSUIT ARREST
113, Rules of Court); and
(5) When an accused released on bail attempts to (1) An offense has just been committed; and
depart from the Philippines without permission of (2) The person making the arrest has personal
the court where the case is pending (Sec. 23, Rule knowledge of facts indicating that the person to be
114, Rules of Court). arrested has committed it.
IN FLAGRANTE DELICTO EXCEPTION This exception, unlike an in flagrante delicto arrest, does not
require the arresting officer or person to personally witness
An arrest in flagrante delicto is done when, in the presence of the commission of the offense. In fact, the offense is not
a peace officer or a private person, the person to be arrested committed in his presence although said offense “has just
has committed, is actually committing, or is attempting to been committed.” The tenor of the rule emphasizes the
commit an offense. (Sec. 5, Rule 113, Rules of Court) immediacy of the arrest reckoned from the commission of
the crime.
REQUISITES OF A VALID IN FLAGRANTE DELICTO
ARREST The Court, in the following cases, ruled that the requirement
of “immediacy” between the time of the commission of the
(1) The person to be arrested must execute an overt act crime and the time of the arrest is absent, hence, constitutes
indicating that he has just committed, is actually an illegal arrest:
committing, or is attempting to commit a crime; (1) A warrantless arrest made one year after the
and offense was allegedly committed.
(2) Such overt act is done in the presence or within the (2) A warrantless arrest effected the day after the
view of the arresting officer. (People v. Collado, 2013) commission of the crime.
(3) A warrantless arrest made six (6) days after the
In this type of warrantless arrest, the person making the commission of the crime.
arrest himself witnesses the crime and, hence, has personal (4) A warrantless arrest made three (3) days after the
knowledge of the commission of the offense. (People v. commission of the crime.
Villareal, 2013)
The personal knowledge of facts as contemplated under the
Mere “suspicion” and “reliable information" alone, absent hot pursuit exception requires that the same must be based
any overt act indicative of a felonious enterprise in the on probable cause, which means an actual belief or
presence and within the view of the arresting officers, are reasonable grounds of suspicion. (Abelita v. Doria, 2009)
not sufficient to constitute probable cause that would justify
an in flagrante delicto arrest. (People v. Delos Reyes, 2011) The grounds are reasonable when the suspicion that the
person to be arrested is probably guilty of committing the
An overt act is deemed to be committed in the presence of a offense is based on actual facts or is supported by
peace officer or a private person when: circumstances sufficiently strong in themselves to create the
(1) He sees the offense, although at a distance; probable cause of guilt of the person to be arrested. (Abelita
(2) Hears the disturbance created, and proceeds at v. Doria, 2009)
once to the scene thereof (People v. Del Rosario,
1999); or In Flagrante Delicto Hot Pursuit
(3) The offense is continuing or has been committed at The person making the
the time the arrest was made. (People v. Evaristo, The person making the arrest knows for a fact that
1992) arrest witnesses the crime. a crime has been
committed.
A warrantless arrest allowed under Rule 113 of the Rules of
Court is not justified unless the accused was caught in The person arrested must be delivered to the nearest
flagrante or a crime was about to be committed or had just police station or jail.
been committed. The evidence of probable cause should be
determined by the judge and not by law-enforcement agents. If the arrest was effected without warrant, the arresting
(People v. Aminnudin, 1988) officer must comply with the provisions of Art. 125 of the
RPC, otherwise, he may be held criminally liable for delay in
Examples of an in flagrante delicto arrest are those made after the delivery of detained persons or arbitrary detention.
an entrapment or a buy-bust operation.
Rules on illegality of arrest
Flight per se is not synonymous with guilt and must not
always be attributed to one’s consciousness of guilt. It is not (1) An accused who enters his plea of not guilty and
a reliable indicator of guilt without other circumstances. participates in the trial waives the illegality of the
arrest. Objection must be raised before
HOT PURSUIT EXCEPTION arraignment, otherwise it is deemed waived.
(2) An arrest may be cured by filing of an information
A hot pursuit arrest may be made when an offense has in in court and the subsequent issuance by the judge
fact just been committed, and the peace officer or private of a warrant of arrest. (Lumbos v. Judge Baliguat,
person has probable cause to believe based on personal A.M. No. MTJ-06-1641)

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pursued immediately after the commission of the

offense;
(3) The person to be arrested escapes or flees; or
Method of arrest (4) The person to be arrested forcibly resists before the
officer has the opportunity to so inform him; or
(5) When the giving of such information will imperil
An arrest may be made by: the arrest.
(1) An officer with a warrant;
(2) An officer without a warrant; or The rules applicable to an arrest with a warrant also apply to
(3) A private person. an arrest without a warrant. Hence, the officer may summon
assistance to effect the arrest, break into a building or
enclosure or break out from the same. (Secs. 11-12, Rule 113,
ARREST BY AN OFFICER WITH A WARRANT Rules of Court)
(1) When a warrant of arrest is issued by a judge, the

warrant is delivered to the proper law enforcement ARREST BY A PRIVATE PERSON
agency for execution.
(2) The head of the office to whom the warrant of arrest An arrest is made by a private person is called a citizen’s
was delivered shall cause the warrant to be arrest.
executed within ten (10) days from receipt.
(3) Within ten (10) days after the expiration of the General Rule: When a private person makes an arrest, he shall
period, the officer to whom it was assigned for inform the person to be arrested of:
execution shall make a report to the judge who (1) His intention to arrest him; and
issued the warrant. (2) The cause of his arrest.
(4) In case of failure to execute the warrant, he shall
state the reasons for its non-execution. (Sec. 4, Rule Exception: The information need not be given if:
113, Rules of Court) (4) The person to be arrested is engaged in the
commission of an offense;
NOTE: The judge is not precluded from issuing another (5) The person to be arrested is in the process of being
warrant of arrest even after the expiration of the first pursued immediately after the commission of the
warrant of arrest,. What is merely required is that a report offense;
should be made by the officer to whom it was assigned for (6) The person to be arrested escapes or flees; or
execution within ten (10) days. (7) The person to be arrested forcibly resists before the
officer has the opportunity to so inform him; or
General Rule: When making an arrest by virtue of a warrant, (8) When the giving of such information will imperil
the officer must inform the person to be arrested of: the arrest.
(1) The cause of his arrest; and
(2) The fact that a warrant has been issued for his RIGHTS AND DUTIES OF OFFICERS OR PRIVATE
arrest. PERSONS IN EFFECTING AN ARREST
Exception: The information need not be given if: Under all types of arrest, the officer or private person shall
(1) The person to be arrested escapes or flees; have the duty to deliver the person to the nearest police
(2) The person to be arrested forcibly resists before the station or jail without unnecessary delay. (Sec. 3, Rule 113,
officer has the opportunity to so inform him; or Rules of Court)
(3) When the giving of such information will imperil
the arrest. (Sec. 7, Rule 113, Rules of Court) No person arrested shall be subject to greater restraint than
is necessary for his detention. (Sec. 2, Rule 113, Rules of Court)
The officer need not have the warrant in his possession at
the time of the arrest. However, after the arrest, the warrant The right and duty of an officer to effect an arrest carries
shall be shown to the person arrested as soon as practicable, with it the authority to orally summon as many person as he
if the person arrested so requires. (Sec. 7, Rule 113, Rules of deems necessary to assist him in effecting the arrest. Every
Court) person so summoned by an officer is required to give the
assistance requested provided he can do so without
detriment to himself. (Sec. 10, Rule 113, Rules of Court) The
ARREST BY AN OFFICER WITHOUT A WARRANT duty of a person summoned does not arise when rendering
assistance would cause harm to himself.
General Rule: When making an arrest without a warrant, the If the person to be arrested is, or is reasonably believed to be,
officer must inform the person to be arrested of: within any building or enclosure, the officer is authorized, in
(1) His authority; and order to make an arrest, to break into any building or
(2) The cause of his arrest. enclosure if he is admittance thereto, after announcing his
authority and purpose. (Sec. 11, Rule 113, Rules of Court)
Exception: The information need not be given if: After entering such building or enclosure, he may break out
(1) The person to be arrested is engaged in the from said place if necessary to liberate himself from the
commission of an offense; same place. (Sec. 12, Rule 113, Rules of Court)
(2) The person to be arrested is in the process of being

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DETERMINATION OF PROBABLE CAUSE MADE BY THE

NOTE: The right to break in or break out of any building or PROSECUTOR VIS-À-VIS PROBABLE CAUSE MADE BY
enclosure does not apply to private persons effecting an THE JUDGE
arrest.
An arrest may be made on any day and at any time of the Executive Judicial
day or night. (Sec. 6, Rule 113, Rules of Court) Determined The public The judge.
by prosecutor.
Determined The preliminary The preliminary

REQUISITES OF A VALID WARRANT OF ARREST during investigation. examination/inquiry.
Purpose To determine To determine

The requisites of a valid warrant of arrest are as follows: whether there whether there exists
(1) The warrant shall be issued only upon finding of exists probable probable cause to
probable cause to be determined personally by the cause to believe issue a warrant of
judge; and that the accused arrest against the
(2) The determination must be made after examination is guilty of the accused.
under oath or affirmation of the complainant and offense charged
the witnesses he may produce. (Sec. 2, Art. III, 1987 and should be
Constitution) held for trial.
Probable Pertains to facts Pertains to facts and

cause and circumstances which
PROBABLE CAUSE FOR THE ISSUANCE OF A
circumstances would lead a
WARRANT OF ARREST
sufficient to reasonably discreet
support a well- and prudent man to
Probable cause for the issuance of a warrant of arrest is founded belief believe that an
defined as “such facts and circumstances which would lead that a crime has offense has been
a reasonably discreet and prudent man to believe that an been committed committed by the
offense has been committed by the person sought to be and the accused person sought to be
arrested.” (Ocampo v. Abando, 2014) is probably guilty arrested.
thereof.
Neither absolute certainty nor clear and convincing evidence
of guilt is required. As long as the evidence shows a prima Effect if An information is An arrest warrant is
facie case against the accused, the trial court has sufficient probable filed with the issued.
ground to issue a warrant for his arrest. (People v. Tan, 2009) cause is court.
found to
Personal examination by the judge of the complainant and exist
his witnesses under oath is not mandatorily required.
Instead the judge may opt to personally evaluate the report RIGHTS OF A PERSON ARRESTED
and supporting documents submitted by the prosecutor or
he may disregard the prosecutor’s report and require the The rights of a person arrested, detained or under custodial
submission of supporting affidavits of witnesses. (Soliven v. investigation pursuant to R.A. 7438 are as follows:
Makasiar, 1988) (1) The right to be assisted by counsel at all times (Sec.
2(a), R.A. 7438);
Where a preliminary investigation has previously been - If he cannot afford the services of his own
conducted, the court does not have the duty to personally counsel, he must be provided by the
examine the complainant and his witnesses in writing and investigating officer with a competent and
under oath and in the form of searching questions and independent counsel.
answers. This type of examination is done only in a case (2) The right to remain silent (Sec. 2(b), R.A. 7438);
where there is a direct filing of the complaint or information (3) The right to be informed of the above rights (Sec.
with the MTC since no previous preliminary investigation 2(b), R.A. 7438); and
has been conducted. (4) The right to be visited by the immediate members
of his family, by his counsel, or by any non-
KINDS OF DETERMINATION OF PROBABLE CAUSE governmental organization, national or
international (Sec. 2(f), R.A. 7438).
(1) Executive
- Made by the prosecutor In the absence of a lawyer, no custodial investigation shall be
(2) Judicial conducted and the suspected person can only be detained by
- Made by the judge the investigating officer in accordance with the provisions of
Art. 125 of the RPC. Any waiver of the said provision shall
be in writing and signed by the person arrested, detained or
under custodial investigation in the presence of his counsel.
Any extrajudicial confession made shall also be in writing

and signed by the person, detained or under custodial

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investigation in the presence of his counsel, or in the latter’s arrest, therefore, cannot in itself, be the basis for acquittal.
absence, upon a valid waiver, and in the presence of any of (People v. Yau, 2014)
the parents, older brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school Any objection involving a warrant of arrest or the procedure
supervisors, or priest or minister of gospel as chosen by him. by which the court acquired jurisdiction of the person of the
accused must be made before he enters his plea; otherwise,
CUSTODIAL INVESTIGATION the objection is deemed waived. (People v. Velasco, 2013)
Custodial investigation is when the investigation ceases to The Court has held that even if a timely objection is made to
be a general inquiry into an unsolved crime and the the warrantless arrest, the illegality of the arrest cannot
interrogation is then aimed on a particular suspect who has deprive the State of its right to prosecute the guilty when all
been taken into custody and to whom the police would then other facts on record point to the accused’s culpability.
direct interrogatory questions that tend to elicit Indeed, an illegal arrest of an accused is not a sufficient
incriminating statements. (Luspo v. People, 2014) cause for setting aside a valid judgment rendered upon a
sufficient complaint after a trial free from error. (People v.
Custodial investigation includes the practice of issuing an Yau)
"invitation" to a person who is investigated in connection
with an offense he is suspected to have committed, without When a person fails to make a timely objection to an illegal
prejudice to the liability of the "inviting" officer for any arrest, only the right to assail the arrest is waived. He does
violation of law. not waive the right to question the admissibility of the
evidence seized by virtue of the illegal arrest.
MIRANDA RIGHTS
Once a person has been duly charged in court, he may no
A person under custodial investigation must be informed of longer question his detention by a petition for habeas
the following rights: corpus. His remedy is to quash the information and/or the
(1) He has a right to remain silent; warrant of arrest. (Dwikarna v. Domingo, 2004)
(2) Any statement he makes can and will be used
against him in a court of law; EFFECT OF ADMISSION TO BAIL ON OBJECTIONS TO
(3) He has the right to talk to an attorney before being AN ILLEGAL ARREST
questioned and to have his counsel present when
being questioned; and An application for or admission to bail shall not bar the
(4) If he cannot afford an attorney, one will be accused from challenging the validity of his arrest or the
provided before any questioning if he so desires. legality of the warrant issued, provided that he raises the
(5) Any of the waiver of the right to counsel must be objection before he enters his plea. The objection shall be
made in writing and in the presence of counsel. resolved by the court as early as practicable but not later
than the start of the trial of the case. (Sec. 26, Rule 114, Rules
Even those who voluntarily surrendered before a police of Court)
officer must be apprised of their Miranda rights. (People v.
Chavez, 2014) IMMUNITY FROM ARREST
EXCLUSIONARY RULE The persons that may not be subject to arrest are:
(1) A senator or member of the House of
Violations of the Miranda rights render the evidence Representatives in all offenses by not more than six
obtained inadmissible. (6) years imprisonment, when the Congress is in
session. (Sec. 11, Art. VI, 1987 Constitution)
- This privilege will not apply when the offense
COVERAGE OF EXCLUSIONARY RULE is punishable by imprisonment of more than
six (6) years even if Congress is in session.
(People v. Jalosjos, 2000)
(1) Extrajudicial confession; or - The privilege likewise does not apply if
(2) Admissions made during the custodial Congress is not in session.
investigation. (People v. Malimit, 1996) (2) Sovereigns and other chiefs of state, ambassadors,
ministers plenipotentiary, ministers resident, and
Investigation before bantay bayan/tanod IS in the nature charge d’affaires.
of A custodial investigation (3) Duly accredited ambassadors, public ministers of a
foreign country, their duly registered domestics
The Bantay Bayan may be deemed a law enforcer within the (Sec. 4, R.A. 75), subject to the principle of
purview of the Constitution. The nature of Bantay Bayan is a reciprocity. (Sec. 7, R.A. 75)
group of male residents which are organized to maintain
peace and order ancillary to the police. Therefore, the
exclusionary rule applies on confessions made before a
barangay tanod/Bantay Bayan. (People v. Lauga, 2010)
BAIL
EFFECT OF AN ILLEGAL ARREST
The legality of an arrest affects only the jurisdiction of the BAIL

court over the person of the accused. The illegality of the

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Bail is the security given for the release of a person in The application for bail shall be made with any court in the
custody of the law, furnished by him or a bondsman, to province, city or municipality where the person arrested is
guarantee his appearance before any court as required under held.
the conditions specified by the Rules. (Sec. 1, Rule 114, Rules
of Court) WHO FURNISHES THE BAIL
The bail may be furnished by the bail applicant himself or by

the bondsman. (Sec. 1, Rule 114, Rules of Court)
NATURE
RIGHTS AND OBLIGATIONS OF THE BONDSMAN
Since bail is the security for the release of a person under (1) The bondsman shall surrender the accused to the
custody of the law, it does not cover the civil liability of the court for execution of the final judgment. (Sec. 2(d),
accused in the same criminal case. The money deposited as Rule 114, Rules of Court)
bail may, however, be applied to the payment of fines and (2) For the purpose of surrendering the accused, the
costs while the excess, if any, shall be returned to the bondsman may:
accused or to whoever made the deposit. (Sec. 14, Rule 114, a. Arrest him; or
Rules of Court) b. Upon written authority endorsed on a
certified copy of the undertaking, cause
The right to bail is a constitutional right which springs from him to be arrested by a police officer or
the presumption of innocence accorded to the accused any other person of suitable age and
(Paderanga v. CA, 1995). discretion. (Sec. 23, Rule 114, Rules of
Court)
The presumption of innocence is rooted in the guarantee of (3) An accused released on bail may be re-arrested
due process, and is safeguarded by the constitutional right without the necessity of a warrant of he attempts to
to be released on bail, and further binds the court to wait depart from the Philippines without permission of
until after trial to impose any punishment on the accused. the court where the case is pending. (Sec. 23, Rule
(Enrile v. Sandiganbayan, 2015) 114, Rules of Court)
A person, before conviction, shall be accorded the right to The authority of the bondsman to arrest or cause the arrest
bail (Sec. 13, Art. III, 1987 Constitution), unless he is charged of the accused stems from the principle that once the
with a capital offense, or an offense punishable by reclusion obligation of bail is assumed, the bondsman or surety
perpetua or life imprisonment, and the evidence of his guilt is becomes the jailer of the accused and is subrogated to all the
strong. (Sec. 7, Rule 114, Rules of Court) rights and means which the government possess to make his
control over him effective. (US v. Addison and Gomez, 1914)
The test is not whether the evidence establishes guilt beyond
reasonable doubt but rather whether it shows evident guilt FORMS OF BAIL
or a great presumption of guilt. (People v. Cabral, 1999)
(1) Corporate surety
WHO MAY APPLY FOR BAIL (2) Property bond
(3) Cash deposit
Any person in custody who is not yet charged in court may (4) Recognizance
apply for bail with any court in the province, city, or
municipality where he is held. (Sec. 17(c), Rule 114, Rules of CORPORATE SURETY
Court)
Corporate surety is bail furnished by a corporation, whether
A person deprived of his liberty by virtue of his arrest or domestic or foreign, and which is licensed as a surety and
voluntary surrender may apply for bail as soon as he is authorized to act as such. The bond must be subscribed
deprived of his liberty, even before a complaint or jointly by the accused and an officer of the corporation duly
information is filed against him. He need not wait for his authorized by the board of directors. (Sec. 10, Rule 114, Rules
arraignment before filing a petition for bail. (Serapio v. of Court)
Sandignabayan, 2003)
PROPERTY BOND
A person undergoing inquest proceedings may apply for
bail since he is already under the custody of the law. A property bond is an undertaking constituted as a lien on
the real property given as security for the amount of the bail.
Where the accused was charged for murder without the
benefit of a preliminary investigation and trial had already (1) Within ten (10) days from the approval of the bond,
began over his objections, the accused remains entitled to be the accused shall cause the annotation on the
released on bail as matter of right pending the preliminary certificate of title on file with the Registry of Deeds.
investigation. (Go v. CA, 1992) (2) If the land is unregistered, it is annotated in the
Registration Book on the space provided therefor in
NOTE: The filing of the petition for bail does not constitute a the Register of Deeds of the province or city where
waiver of the accused’s right to a preliminary investigation. the land lies.
(3) The registration shall be made on the
WHERE THE APPLICATION FOR BAIL IS MADE corresponding tax declaration in the office of the
provincial, city and municipal assessor concerned.

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(4) Within ten (10) days from the performance of the filed or the accused is incapable of filing one (P.D.
above acts, the accused shall submit his compliance 968, Sec. 7; Sec. 24, Rule 114, Rules of Court);
to the court. (4) In case of a youthful offender held for physical and
(5) His failure to do so shall be sufficient cause for the mental examination, trial, or appeal, if he is unable
cancellation of the property bond, his re-arrest and to furnish bail and under the circumstances
detention. (Sec. 11, Rule 14, Rules of Court) envisaged in P.D. 603, as amended (Espiritu v.
Jovellanos, 1997);
CASH DEPOSIT (5) In summary procedure, when the accused has been
arrested for failure to appear when required. His
The accused or any person acting in his behalf may deposit release shall be either on bail or on recognizance by
in cash the amount of bail fixed by the court or a responsible citizen acceptable to the court (Sec. 16,
recommended by the prosecutor who investigated or filed 1991 Revised Rule on Summary Procedure).
the case.
NOTE: In summary procedure, the release of the accused
(1) The cash deposit shall be made with: cannot be effected on his own recognizance.
a. The nearest collector of internal revenue;
b. The provincial, city, or municipal Bail Bond Recognizance
treasurer; or It is an obligation under It is an obligation of
c. The clerk of court where the case is seal given by accused with record, entered into before
pending. one or more sureties, made some court or magistrate
(2) The accused shall be discharged from custody payable to the proper duly authorized to take it,
upon submission of the certificate of deposit and a officer with the condition with the condition to do
written undertaking showing compliance with the to be void upon some particular act.
requirements of the Rules of Court. performance by the
(3) The money deposited shall be considered as bail accused of such acts as he
and applied to the payment of fine and costs. may legally be required to
(4) The excess, if any, shall be returned to the accused perform.
or to whoever made the deposit. (Sec. 14, Rule 114,
Rules of Court) CUSTODY OF THE LAW IN APPLICATIONS FOR BAIL
BY THE ACCUSED
NOTE: The deposit can only be made with the persons
enumerated in the rule. A judge is not one of those Custody of the law is required before the court can act on an
authorized to receive a deposit of cash bail; nor should such application for bail, but is not required for the adjudication
cash be kept in the judge’s office, much less in his own of other reliefs sought by the defendant. The mere
residence. (Naui v. Mauricio, 2003) application for bail constitutes a waiver of the defense of
lack of jurisdiction over the person of the accused. (Miranda
RECOGNIZANCE v. Tuliao, 2006)
A recognizance is an obligation of record entered into before While the mere application for bail constitutes submission to
some court or magistrate duly authorized to take it, with the the jurisdiction of the court, the grant of bail requires not
condition to do some particular act, the most usual condition mere jurisdiction over the person of the applicant but
in criminal cases being the appearance of the accused for “custody” over his person. (Miranda v. Tuliao, 2006)
trial.
A cash bail bond may be authorized without need of the
A person in custody may be released on recognizance accused’s personal appearance before the court on the
whenever allowed by law or by the Rules of Court. The ground of physical incapacity and as a matter of humane
release may be either on the recognizance of the accused consideration. (Defensor-Santiago v. Vasquez, 1993)
himself or that of a responsible person. (Sec. 15, Rule 114,
Rules of Court) ARRAIGNMENT BEFORE THE GRANT OF BAIL NOT
REQUIRED
WHEN RELEASE ON RECOGNIZANCE IS ALLOWED
The grant of bail should not be conditioned upon the prior
(1) When the offense charged is for violation of an arraignment of the accused. In cases where bail is
ordinance, a light felony, or a criminal offense, the authorized, bail should be granted before arraignment;
imposable penalty of which does not exceed six (6) otherwise, the accused will be precluded from filing a
months imprisonment and/or a fine of P2,000, motion to quash which is to be done before arraignment. If
under the circumstances provided in R.A. 6036; the information is quashed and the case is dismissed, there
(2) Where a person has been in custody for a period would be no need for the arraignment of the accused.
equal to or more than the minimum of the (Lavides v. CA, 2000)
imposable principal penalty, without application of
the Indeterminate Sentence Law or any modifying EFFECT OF FAILURE TO APPEAR AT THE TRIAL
circumstance, in which case, the court may allow
his release on his own recognizance, or on reduced The failure of the accused to appear at the trial without
bail, at the discretion of the court (Sec. 26, Rule 114, justification despite due notice shall be deemed a waiver of
Rules of Court); his right to be present and the trial may proceed in absentia.
(3) Where the accused has applied for probation, (Sec. 2(c), Rule 114, Rules of Court)
pending finality of the judgment, but no bail was

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If the bail bond was given by a bondsman or a person other

than the accused and the latter fails to appear, the bondsman
may arrest the accused for the purpose of surrendering him
or he may cause the accused to be arrested by a police officer BAIL AS A MATTER OF RIGHT; EXCEPTIONS
or any other person of suitable age and discretion upon
written authority endorsed on a certified copy of the
undertaking. (Sec. 23, Rule 114, Rules of Court) General Rule: All persons, before conviction, shall be
accorded the right to bail. (Sec. 13, Art. III, 1987 Constitution)
BAIL TO GUARANTEE APPEARANCE OF WITNESSES
Exceptions:
Bail does not only apply to a person who has transgressed (1) When the accused is charged with a capital offense,
the law or is perceived to have done so. It may likewise or an offense punishable by reclusion perpetua or life
apply to a material witness even if he is not under detention. imprisonment, and the evidence of his guilt is
In such cases, however, prior custody of the law is not strong. (Sec. 7, Rule 114, Rules of Court)
required. (2) The right to bail is not available in the military.
(Comendador v. Villa, 1991)
When the court is satisfied, upon proof or oath, that a - The right to a speedy trial is given more
material witness will not testify when required, it may, upon emphasis in the military where the right to
motion of either party, order the witness to post bail in such bail does not exist.
sum as may be deemed proper. When the material witness - There would be no violation of the equal
refuses to post bail, he shall be committed to prison until he protection clause since the said guaranty
complies or is legally discharged after his testimony has requires equal treatment only of persons or
been taken. (Sec. 14, Rule 119, Rules of Court) things similarly situated, and not where the
subject of the treatment is substantially
General Rule: Custody of the law is required before the court different from others.
can act on an application for bail. (3) Persons facing extradition. (U.S. Government v.
Purganan, 2002)
Exceptions: Custody of the law is not required where the bail
is to secure the appearance of: Exception to the exception: After a potential extraditee has
(1) A material witness when the court is satisfied, upon been arrested or placed under the custody of the law, bail
proof or oath, that he will not testify when required may be applied for and granted only upon a clear and
(Sec. 14, Rule 119, Rules of Court); or convincing showing that:
(2) Other witnesses when there is a substitution of a (1) Once granted bail, the applicant will not be a flight
criminal information (Sec. 14, Rule 110, Rules of risk or a danger to the community; and
Court). (2) There exist special, humanitarian and compelling
circumstances including, as a matter of reciprocity,
When the court is satisfied, upon proof or oath, that a those cited by the highest court in the requesting
material witness will not testify when required, it may, upon state when it grants provisional liberty in
motion of either party, order the witness to post bail in such extradition cases therein. (U.S. Government v.
sum as may be deemed proper. When the material witness Purganan, 2002)
refuses to post bail, he shall be committed to prison until he
complies or is legally discharged after his testimony has NOTE: The exercise of the State’s power to deprive an
been taken. (Sec. 14, Rule 119, Rules of Court) individual of his liberty is not necessarily limited to criminal
proceedings. Hence, the right to bail is not limited to
Bail for the Accused Bail for Witnesses criminal proceedings and may apply to extradition
Custody of the law is Custody of the law is not proceedings, which are sui generis and not criminal in nature.
required. required. In fact, bail has been allowed in this jurisdiction to persons
in detention during the pendency of administrative
An application for bail is A motion is filed by either proceedings, taking into cognizance the obligation of the
filed by the accused, unless party and when granted, Philippines under international conventions to uphold
made by recognizance. the court orders the human rights. (Government of Hongkong Special Administrative
witness to post bail. Region v. Olalia, Jr., 2007)
Bail is a matter of right in the following situations:

Failure to apply for bail is Failure to post bail will
deemed a waiver of the result to the witness’ (1) Before conviction by the MeTC, MTC, MTCC, or
MCTC;
accused’s right to bail. imprisonment until he
(2) After conviction by the MeTC, MTC, MTCC, or
complies or until his
MCTC; or
testimony has been taken.
(3) Before conviction by the RTC of an offense not
punishable by death, reclusion perpetua, or life
imprisonment (Sec. 4, Rule 114, Rules of Court).
KINDS OF BAIL
NOTE: All criminal cases within the competence of the
MeTC, MTC, MTCC, or MCTC are bailable as a matter of
(1) Bail as a matter of right
right because these courts have no jurisdiction to try cases
(2) Bail as a matter of discretion
punishable by death, reclusion perpetua or life imprisonment.

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When the accused is a minor, he is entitled to bail regardless guilt against him is not just strong. His guilt has actually
of whether the evidence of guilt is strong. been proven beyond reasonable doubt.
WHERE APPLICATION FOR BAIL IS TO BE FILED

EXTRADITION AFTER CONVICTION BY THE RTC
If the original record has

Extradition is the removal of an accused from the not been transmitted to the
Philippines with the object of placing him at the disposal of CA, and even if a notice of
foreign authorities to enable the requesting state or appeal has already been
government to hold him in connection with any criminal Filed with the RTC
filed. (Sec. 5, Rule 114, Rules
investigation directed against him or the execution of a of Court, Sec. 6, Rule 120,
penalty imposed on him under the penal or criminal law of Rules of Court)
the requesting state or government. (Sec. 2(a), P.D. 1069)
If the original record has
REMEDY WHEN BAIL IS DENIED already been transmitted to
the CA.
(1) File a petition for certiorari if the trial court
committed grave abuse of discretion amounting to If the decision of the RTC
excess or lack or jurisdiction in issuing the said Filed with the CA
convicting the accused
order. (People v. Gomez, 2000) changed the nature of the
(2) File for mandamus to compel the grant of bail which offense from non-bailable
is a matter of right. to bailable. (Sec. 5, Rule 114,
Rules of Court)
When bail is a matter of right, the same cannot be denied.
The probability that the accused will escape or not appear in If the court grants the application for bail, the accused may
the trial is not a ground for denial of the right to bail. It is, be allowed to continue on provisional liberty during the
however, a reason for the court to increase the bail bond to pendency of the appeal under the same bail. This rule,
assure his appearance. (San Miguel v. Maceda, 2007) however, is subject to the consent of the bondsman. (Sec. 5,
In instances where bail is a matter of right and the bail to be
granted is based on the recommendation of the prosecution WHEN APPLICATION FOR BAIL AFTER CONVICTION
as stated in the information or complaint, hearing is not SHALL BE DENIED BY THE RTC
necessary.
(1) If the penalty imposed is death, reclusion perpetua or
life imprisonment since the conviction indicates
strong evidence of guilt based on proof beyond
BAIL AS A MATTER OF DISCRETION reasonable doubt (People v. Nitcha, 1995); and
(2) If the penalty imposed by the RTC is not any above
but merely imprisonment exceeding six (6) years, if
Bail is a matter of discretion when the accused has been
the prosecution shows the following or other
convicted in the RTC of an offense not punishable by death,
similar circumstances (bail negating circumstances):
reclusion perpetua or life imprisonment. Sec. 5, Rule 114, Rules
a. Recidivism, quasi-recidivism or habitual
of Court)
delinquency or commission of a crime
aggravated by the circumstance of
When bail is a matter of discretion, the following rules
reiteration;
apply:
b. Previous escape from legal confinement,
(1) A hearing must be conducted whether or not the
evasion of sentence, or violation of the
prosecution refuses to present evidence; and
conditions of bail without valid
(2) The prosecutor must be notified to require him to
justification;
submit his recommendation.
c. Commission of the offense while under
probation, parole or conditional pardon;
NOTE: The notice of hearing applies in all cases whether bail
d. Probability of flight if released on bail; or
is a matter of right or a matter of discretion. (Zuño v. Cabebe
e. Undue risk that another crime may be
2004)
committed during pendency of the
appeal. (Sec. 5, Rule 114, Rules of Court)
The discretion of the court may be exercised only after the
(3) After judgment has become final, unless the
hearing called to ascertain the degree of guilt of the accused
accused applied for probation before commencing
for the purpose of whether or not he should be granted
to serve sentence within the purview of probation
provisional liberty. This hearing is indispensable. Said
law.
hearing may be either summary or otherwise, in the
discretion of the court. (Enrile v. Sandiganbayan, 2015)
A finding that none of the five (5) circumstances is present
will not automatically result in the grant of bail. Such
When the penalty imposed is death, reclusion perpetua or life
finding will simply authorize the court to use a less stringent
imprisonment, bail should be denied, regardless of the stage
sound discretion approach. (Leviste v. CA, 2010)
of the prosecution, because this means that the evidence of

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The court is not authorized to deny or cancel bail ex parte. the above but
The rule requires “notice to the accused”. (Sec. 5, Rule 114, merely
Rules of Court) imprisonment
exceeding six (6)
The resolution of the RTC denying or cancelling the bail may years, and upon
be reviewed by the CA motu proprio or on motion of any showing by the
party after notice to the adverse party in either case. (Sec. 5, prosecution of the
Rule 114, Rules of Court) following:
(1) Recidivism,
SUMMARY OF RULES FOR BAIL quasi-
recidivism, or
When Where filed habitual
Bail as a Before or after General Rule: delinquency or
matter of conviction by the Court where the commission of
right MeTC, MTC, case is pending. a crime
MTCC or MCTC. aggravated by
Exception: If the reiteration;
Before conviction judge thereof is (2) Previous
by the RTC of an absent or escape from
offense not unavailable, then legal
punishable by it should be filed confinement,
death, reclusion with any RTC, evasion of
perpetua, or life MeTC. MTC. or sentence, or
imprisonment. MCTC judge. violation of the
conditions of
NOTE: In case bail without
the exception valid
applies, the judge justification;
must forward all (3) Committed of
relevant an offense
documents to the while under
court where the probation,
case is pending. parole or
conditional
Bail as a Upon conviction by With the RTC if pardon;
matter of the RTC of an the original (4) Probability of
discretion offense not record has not flight;
punishable by been transmitted (5) Undue risk that
death, reclusion to the CA, and another crime
perpetua, or life even if a notice of may be
imprisonment. appeal has committed
already been during the
filed. pendency of
the appeal.
With the CA the
original record
has been
transmitted or HEARING OF APPLICATION FOR BAIL IN CAPITAL
when the nature OFFENSES (offenseS punishable by death, reclusion perpetua,
of the offense or life imprisonment)
changes from
non-bailable to
bailable. A hearing for the application for bail is to be conducted
when a person is in custody for the commission of an offense
Denial of bail When the penalty N/A punishable by death, reclusion perpetua, or life imprisonment.
imposed is death, In the hearing, the prosecution has the burden of showing
reclusion perpetua or that the evidence of guilt is strong. (Sec. 8, Rule 114, Rules of
life imprisonment Court)
and evidence of
guilt is strong. In a petition for bail, the following duties must be complied
with by the trial judge (Narciso v. Santa Romana-Cruz, 2000):
For members of the (1) The prosecutor must be notified of the hearing of
military. the application for bail or he must be required to
submit his recommendation;
Even if the penalty (2) A hearing of the application for bail must be
imposed by the conducted regardless of whether or not the
RTC is not any of prosecution refuses to present evidence to show

Remedial Law
that the guilt of the accused is strong for the Exception: If the accused charged with a capital offense is a
purpose of enabling the court to exercise its sound minor. (Sec. 25, Juvenile Justice Welfare Act)
discretion;
(3) The judge must decide whether the evidence of HEARING TO DETERMINE PROBABLE CAUSE VIS-À-
guilt is strong based on the summary of evidence of VIS HEARING FOR BAIL
the prosecution; and
(4) If the guilt of the accused is not strong, the accused The bail hearing is separate and distinct from the initial
must be discharged upon the approval of the bail hearing to determine the existence of probable cause. (Gacal
bond. Otherwise, the petition should be denied. v. Infante, 2011)
(5) Within forty-eight (48) hours after the hearing, the
court shall issue an order containing a brief
summary of the evidence adduced before it,
followed by its conclusion of whether or not the Hearing to
evidence of guilt is strong. Determine Hearing for Bail
Probable Cause
NOTE: The conclusion made by the judge shall not be Only takes place
regarded as a pre-judgment on the merits of the case. (Sec. after the
6(d), A.M. No. 12-11-2-SC) When it Takes place prior proceedings for the
takes place to all proceedings. determination of
Even when there is no petition for bail, a hearing should still the existence of
be held. (Gacal v. Infante, 2011) probable cause.
The public prosecutor’s recommendation for bail, including Conducted to

the amount thereof, is not material in deciding whether to determine whether
conduct the mandatory hearing or not. The prosecutor’s or not there is
recommendation, albeit persuasive, does not necessarily sufficient ground
bind the trial judge, in whom alone the discretion to to engender a Conducted to
determine whether to grant bail or not is vested. (Gacal v. well-founded determine if the
Purpose
Infante, 2011) belief that a crime evidence of guilt is
has been week or not.
committed and
that the accused is
probably guilty
CAPITAL OFFENSE thereof.
A capital offense is an offense which, under the law existing If the court finds
If granted, an
at the time of its commission and at the time of the the existence of
amount will be
application for admission to bail, may be punished with probable cause, a
Effect fixed by the court
death. (Sec. 6, Rule 114, Rules of Court) warrant of arrest
and the accused
or commitment
shall be discharged.
The capital nature of an offense is determined by the penalty order will be
prescribed by law and not the penalty to be actually issued.
imposed. (Bravo v. De Borja, 1985)
NOTE: The imposition of the death penalty is now

GUIDELINES IN FIXING THE AMOUNT OF BAIL
prohibited. In lieu of the death penalty, the penalty of
reclusion perpetua or life imprisonment is now imposed.
(1) Excessive bail shall not be required. (Sec. 13, Art. III,
If the law at the time of commission does not impose death 1987 Constitution)
penalty, the subsequent amendment of the law increasing (2) The judge shall fix a reasonable amount of bail
the penalty cannot apply to the case, otherwise it would be considering primarily, but not limited to, the
considered as ex post facto. following factors:
a. Financial ability of the accused to give
If the law at the time of the application for bail has amended bail;
the prior law which imposed the death penalty by reducing b. Nature and circumstances of the offense;
such penalty, the law favorable to the accused shall have c. Penalty for the offense charged;
retroactive application. d. Character and reputation of the accused;
e. Age and health of the accused;
f. Weight of the evidence against the
accused;
CAPITAL OFFENSE NOT BAILABLE
g. Probability of the accused appearing at
the trial;
General Rule: Capital offense or those punishable by reclusion h. Forfeiture of other bail;
perpetua, or life imprisonment are not bailable when i. The fact that the accused was a fugitive
evidence of guilt is strong. from justice when arrested; and
j. Pendency of other cases where the

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accused is on bail. be released after thirty (30) days of preventive

imprisonment.
In fixing bail, the amount should be high enough to assure (3) In cases filed with the MTC or MCTC for an offense
the presence of the accused when such presence is required punishable by imprisonment of less than four (4)
but no higher than is reasonably calculated to fulfill this years, two (2) months, and one (1) day, and the
purpose. (Villaseñor v. Abano, 1967) judge is satisfied that there is no necessity for
placing the accused under custody. In which case
The inability of the accused to secure bail in a certain summons may be issued instead of a warrant of
amount is not solely to be considered and this fact does not arrest. (Sec. 8(b), Rule 112, Rules of Court). Since no
by itself make bail excessive. When an accused has no means arrest is made, bail is not required.
to bail himself out, any amount fixed, no matter how small (4) Under the circumstances provided in R.A. 603,
would fall into the category of excessive bail. (Villaseñor v. when the offense charged is for violation of an
Abano, 1967) ordinance, a light felony, or a criminal offense, the
imposable penalty of which does not exceed six (6)
REMEDIES IN FIXING THE AMOUNT OF BAIL months imprisonment and/or a fine of P2,000 or
both where it is established that he is unable to post
If the accused does not have the financial ability to post the the required cash or bail bond.
amount of bail that the court initially fixed, he may:
(1) Move for its reduction; and
(2) Submit for that purpose such documents or
affidavits as may warrant the reduction he seeks. Increase or reduction of bail
(Sec. 3, A.M. No. 12-11-2 SC)
The order fixing the amount of bail is not appealable. (Sec. 4, Even after the accused is admitted to bail, the amount of bail
A.M. No. 12-11-2 SC) may either be increased or reduced by the court upon good
cause (Sec. 20, Rule 114, Rules of Court)
DURATION OF THE BAIL
When the amount is increased, the accused may be
The undertaking under the bail shall be effective upon committed to custody if he does not give bail in the
approval, and unless cancelled, shall remain in force at all increased amount within a reasonable period. (Sec. 20, Rule
stages of the case until promulgation of judgment of the 114, Rules of Court)
RTC, irrespective of whether the case was originally filed in
or appealed to it. (Sec. 2(a), Rule 114, Rules of Court) Where the offense is bailable as a matter of right, mere
probability that accused will escape, or even if he had
The bail bond posted by the accused can only be used previously escaped while under detention, does not deprive
during the 15-day period to appeal and not during the entire him of his right to bail. The remedy is to increase the amount
period of appeal. For the accused to continue his provisional of bail, provided such amount would not be excessive. (Sy
liberty on the same bail bond, consent of the bondsman is Guan v. Amparo, 1947)
necessary. (Magaddatu v. CA, 2000)
If, upon the filing of the complaint or information, the
RELEASE OR TRANSFER OF PERSON IN CUSTODY accused is released without bail, he may later be required to
give bail in the amount fixed by the court, whenever at any
General Rule: No person under detention by legal process subsequent stage of the proceedings a strong showing of
shall be released or transferred. guilt appears to the court. If he does not give bail, he may be
committed into custody. (Sec. 20, Rule 114, Rules of Court)
Exceptions:
(1) Upon order of the court; or
(2) When he is admitted to bail. (Sec. 3, Rule 114, Rules
Forfeiture of bail
of Court)
WHEN BAIL IS NOT REQUIRED (1) When the presence of the accused is required, his
bondsmen shall be notified to produce him before
the court on a given date and time (Sec. 21(b), Rule
As a rule, bail is not required when the law or the Rules of 114, Rules of Court).
Court so provide (Sec. 16, Rule 114, Rules of Court). (2) If he fails to appear, his bail shall be declared for
forfeited.
The following are instances where the accused may be (3) The bondsmen shall be given thirty (30) days
released immediately without applying for bail: within which to:
(1) When he has been in custody for a period equal to a. Produce the body of their principal or
or more than the possible maximum imprisonment give the reason for his non-production;
prescribed for the offense charged, without and
prejudice to the continuation of the trial or the b. Explain why the accused did not appear
proceedings on appeal. before the court when first required to do
(2) When the maximum penalty to which the accused so.
may be sentenced is destierro, in which case he shall (4) If the bondsmen fail in the two requirements, a

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judgment shall be rendered against the bondsmen, (1) Surrender of the accused; or
jointly and severally, for the amount of the bail. (2) Proof of his death. (Sec. 22, Rule 114, Rules of Court)
(5) The bondsmen may move for the mitigation of their
liability. However, the court shall not reduce nor AUTOMATIC CANCELLATION
mitigate the said liability unless the accused has
been surrendered or is acquitted. (Sec. 21, Rule 114, The bail may be deemed automatically cancelled upon:
Rules of Court) (1) Acquittal of the accused;
(6) Aside from the forfeiture, the court may issue a (2) Dismissal of the case; or
bench warrant for the arrest of the accused. (3) Execution of the judgment of conviction.
The thirty (30) day period granted to bondsmen to comply Cancellation by Automatic Cancellation
with the requisites for lifting of the order of forfeiture cannot Application of the
be shortened by the court but may be extended for good Bondsmen
cause shown. Cancelled by application. Cancelled upon the
happening of certain
An order of forfeiture differs from the judgment on the events.
bond. An order of forfeiture is interlocutory and merely
requires the bondsmen to show cause why judgment should Due notice to the No notice is required.
not be rendered against them for the amount of the bond. On prosecutor is required.
the other hand, the judgment on the bond is issued if the
accused is not produced within the 30-day period. (Mendoza Grounds: Grounds:
v. Alarma, 2008) (1) Surrender of the (1) Acquittal of the
accused; or accused;
Order of Forfeiture Order of Confiscation (2) Proof of his death. (2) Dismissal of the case;
Conditional and Judgment ultimately or
interlocutory, there being determining the liability of (3) Execution of the
something more to be done the surety thereunder, and judgment of
such as the production of therefore final and conviction.
accused within thirty (30) execution may issue at
days as provided by the once; not independent of
Rules; not appealable. the order of forfeiture
Application not a bar to objections in illegal arrest, lack of or
irregular preliminary investigation
An application for or admission to bail shall not bar the

BENCH WARRANT
accused from challenging the validity of his arrest or the
legality of the warrant issued therefor, or from assailing the
A bench warrant is a writ issued directly by a judge to a law regularity or questioning the absence of a preliminary
enforcement officer, for the arrest of a person who: investigation of the charge against him, provided that he
(1) Has been held in contempt; raises them before entering his plea. The court shall resolve
(2) Has disobeyed a subpoena; or the matter as early as practicable but not later than the start
(3) Has to appear at a hearing or trial. (Sec. 9, Rule 71, of the trial of the case. (Sec. 26, Rule 114, Rules of Court)
Rules of Court)
When a person released on bail fails to appear on the day

fixed for the hearing, the court may issue a bench warrant or Hold departure order
may order the bond for his appearance be forfeited and
confiscated, or both. (Magleo v. De Juan-Quinagoran, 2014)
A hold departure order is a directive that commands the
Commissioner of Immigration (COI) to prevent a traveler
from leaving the territorial jurisdiction of the Philippines,
and implemented upon:
(1) Instruction by the President;
CANCELLATION OF BAIL (2) Order of the Secretary of Justice; or
(3) Order of a court of competent jurisdiction.
(Ledesma, An Outline of Philippine Immigration and
Citizenship Laws)
Bail may be cancelled upon:
(1) Application of the bondsmen; or The Secretary of Justice may issue a hold departure order in
(2) Automatic cancellation. any of the following instances:
(1) Against the accused, irrespective of nationality, in
CANCELLATION BY APPLICATION OF THE criminal cases falling within the jurisdiction of
BONDSMEN courts below the RTC;
(2) Against the alien whose presence is required either
Bail may be cancelled upon application of the bondsmen as a defendant, respondent, or witness in a civil or
with due notice to the prosecutor upon: labor case pending litigation, or any case before an

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administrative agency of the government;

(3) The Secretary of Justice may likewise issue the said The validity of a watch list order extends up to sixty (60)
order against any person, either motu proprio, or days from date of issuance.
upon the request by the head of a Department of
the Government, the head of a constitutional body
or commission, the Chief Justice of the SC for the
NO BAIL AFTER FINAL JUDGMENT
Judiciary, the Senate President or the House
Speaker for the Legislature, when the adverse party
is the Government or any of its agencies or General Rule: Finality of judgment terminates the criminal
instrumentalities, or in the interest of national proceeding. Bail becomes of no avail. The judgment
security, public safety or public health. (Sec. 1, DOJ contemplated is a judgment of conviction. The judgment is
Cir. No. 41-10) final if accused does not appeal the conviction.
The validity of a hold departure order extends up to five (5) Exception: If accused applies for probation he may be
years from the date of its issuance. allowed temporary liberty under his existing bail bond, or if
no bail was filed, or is incapable of filing one, he may be
Bondsmen can prevent accused from leaving country by released on recognizance to the custody of a responsible
arresting him or asking for him to be re-arrested by a police member of the community.
officer upon written authority. (Sec. 23, Rule 114, Rules of
Court) The application for probation must be filed within the
period of perfecting an appeal. Such filing operates as a
The accused may be prohibited from the leaving country waiver of the right to appeal. The accused in the meantime,
during the pendency of his case (People v. Uy Tuising, 1935; is entitled to be released on bail or recognizance (Sec. 4, P.D.
Manotoc v. CA 1986). If the accused released on bail attempts 968, as amended).
to depart from the Philippines without the permission of the
court where his cases is pending, he may be re-arrested
without warrant. (Sec. 23, Rule 113, Rules of Court)
A hold departure order may be issued only by the RTCs in

criminal cases within their exclusive jurisdiction. (SC
Circular No. 39-97) ARRAIGNMENT AND PLEA
BUREAU OF IMMIGRATION WATCH LIST

Arraignment
A watch list order is an alarm issued by the COI that

requires immigration personnel at authorized ports of entry Arraignment is the formal mode and manner of
or departure to immediately notify the appropriate implementing the constitutional right of accused to be
government or law enforcement agency concerned of the informed of the nature and cause of the accusation against
entry or intended departure of a traveler whose presence: him. It is an indispensable requirement of due process.
(1) Is required in civil, criminal or administrative (Taglay v. Daray, 2012)
proceedings; or
(2) Poses or may pose a threat to national security, The absence of arraignment results in the nullity of the
public health or public safety. (Ledesma, An Outline proceedings before the trial court. If the accused has not
of Philippine Immigration and Citizenship Laws) been arraigned, he cannot be tried in absentia. (Sec. 14(2), Art.
III, 1987 Constitution)
The Secretary of Justice may issue a watch list order under
any of the following instances: Arraignment may be made even after the case has been
(1) Against the accused, irrespective of nationality, in submitted for decision, and will be considered cured where
criminal cases pending trial before the RTC; the accused’s counsel participated in the trial without any
(2) Against the respondent, irrespective of nationality objection that his client had yet to be arraigned.
in criminal cases pending preliminary Furthermore, the fact that his counsel was able to cross-
investigation, petition for review, or motion for examine the prosecution witnesses is a clear indication that
reconsideration before the DOJ or any of its he was fully aware of the charges against him. (People v.
provincial or city prosecution offices; Atienza, 1995)
(3) The Secretary of Justice may likewise issue the said
order against any person, either motu proprio, or Before arraignment, the court shall:
upon the request of any government agency, (1) Inform the accused of his right to counsel;
including commissions, task forces or similar (2) Ask him if he desires to have one; and
entities created by the Office of the President, (3) Must assign a counsel de officio to defend him,
pursuant to the "Anti-Trafficking in Persons Act of unless the accused:
2003" (R.A. No. 9208) and/or in connection with a. Is allowed to defend himself in person; or
any investigation being conducted by it, or in the b. Has employed a counsel of his choice.
interest of national security, public safety or public (Sec. 6, Rule 116, Rules of Court)
health. (Sec. 2, DOJ Cir. No. 41-10)

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In localities where members of the bar are not available, the (4) The private offended party is required to appear at
court may appoint any person, resident of the province and the arraignment for the following purposes:
of good repute for probity and ability, to defend the accused. a. Plea bargaining;
9Sec. 7, Rule 116, Rules of Court) b. Determination of civil liability; and
c. Other matters requiring his presence.
(Sec. 1(f), Rule 116, Rules of Court)
PLEA (5) In case of failure of the offended party to appear
despite due notice, the court may allow the accused
Plea pertains to the matter which the accused, on his to enter a plea of guilty to a lesser offense which is
arraignment, alleges in answer to the charge against him. necessarily included in the offense charged with
The accused may plead guilty or not guilty. the conformity of the trial prosecutor alone. (Sec.
1(f), Rule 116, Rules of Court)
OPTIONS OF THE ACCUSED BEFORE ARRAIGNMENT (6) The arraignment and plea shall be made of record,
AND PLEA but failure to do so shall not affect the validity of
the proceedings. (Sec. 1(b), Rule 116, Rules of Court)
(1) Bill of particulars
(2) Suspension of the arraignment, only if:
(1) The accused appears to be suffering from
an unsound mental condition which WHEN MADE
effectively renders him unable to fully
understand the charge against him and (1) The arraignment shall be held within thirty (30)
to plead intelligently thereto; days from the date the court acquires jurisdiction
(2) There exists a prejudicial question; and over the person of the accused, unless a shorter
(3) There is a petition for review of the period is provided by a special law or a Supreme
resolution of the prosecutor which is Court circular. (Sec. 1(g), Rule 116, Rules of Court)
pending at either the DOJ, or the Office (2) Where a plea of guilty is not entered, the accused
of the President. shall have at least fifteen (15) days to prepare for
the trial, and he/she shall state whether he/she
NOTE: The period of suspension shall not exceed sixty (60) interposes a negative or affirmative defense.
days counted from the filing of the petition with the (3) When the accused is under preventive detention,
reviewing office. (Sec. 11(c), Rule 116, Rules of Court) his case shall be raffled and its records transmitted
to the judge to whom the case was raffled within
(3) Motion to quash; three (3) days from the filing of the information or
(4) Challenge the validity of arrest or legality of the complaint. The accused shall then be arraigned
warrant issued or assail the regularity or question within ten (10) days from the date of the raffle and
the absence of preliminary investigation of the the pre-trial conference of his case shall be held
charge. within ten (10) days after arraignment. (Sec. 1(e),
ARRAIGNMENT UNDER AN AMENDED OR
SUBSTITUTED INFORMATION In computing the period, the following shall be excluded:
(1) The time of the pendency of the motion to quash;
Where the accused has already been arraigned and (2) The time for the pendency of a bill of particulars; or
subsequently, the information was substantially amended, (3) Other causes justifying suspension of the
an arraignment on the amended information is mandatory. arraignment. (Sec. 1(g), Rule 116, Rules of Court)
(Cabangbangan v. Concepcion, 1954)
Where there is a mere formal amendment, there is no need

for another preliminary investigation and the retaking of the When should a plea of “not guilty” be entered
plea of the accused. (Teehankee, Jr. Madayag, 1992)
(1) When the accused so pleaded;
(2) When he refuses to plead;
(3) Where, after a plea of guilt, he presents exculpatory
WHERE AND HOW MADE
evidence in which case the guilty plea shall be
deemed withdrawn;
(1) The accused must be arraigned before the court (4) When the accused admits the facts in the
where the complaint or information was filed or information but alleges that he performed the acts
assigned for trial. (Sec. 1(a), Rule 116, Rules of Court) as a matter of defense or with lawful justification;
(2) The arraignment is made in open court by the judge (5) When the plea of guilt is indefinite, ambiguous, or
or clerk by furnishing the accused with a copy of not absolute;
the complaint or information, reading the same in (6) When he enters a conditional plea of guilt; or
the language or dialect known to him, and asking (7) When there is a withdrawal of an improvident plea
him whether he pleads guilty or not guilty (Sec. of guilt.
1(a), Rule 116, Rules of Court)
(3) The accused must be present at the arraignment PLEA OF GUILTY AS A JUDICIAL CONFESSION
and must personally enter his plea. (Sec. 1(b), Rule
116, Rules of Court)

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General Rule: An unconditional plea of guilt is a judicial It has been held, however, that it may also be considered
confession, hence an admission of all the material facts during the trial proper and even after the prosecution has
alleged in the information, including the aggravating finished presenting its evidence and rested its case. (Daan v.
circumstances alleged. (People v. Gravino, 1983) Sandiganbayan, 2008)
Exceptions: The rule on the admission of aggravating After arraignment but before trial, the accused may still be
circumstances will not apply of: allowed to plead guilty to a lesser offense after withdrawing
(1) The circumstances are disproved by the evidence; his plea of not guilty. No amendment of the complaint or
(2) Where the plea of guilty was compelled by violence information is necessary.
or intimidation;
(3) When accused did not fully understand the
meaning and consequences of his plea;
(4) Where the information is insufficient to sustain PLEA OF guilty to a capital offense, what the court should
conviction of the offense charged; do
(5) Where the information does not charge an offense,
any conviction thereunder being void; or
(6) Where the court has no jurisdiction. A capital offense is one, which, under the law existing at the
time of the commission and of the application for admission
PLEA BARGAINING to bail, may be punished with death. (Sec. 6, Rule 114, Rules
of Court) At present, the death penalty is no longer imposed
Plea bargaining is a process whereby the accused and the but the definition has been retained in the Rules of Court.
prosecution work a mutually satisfactory disposition of the
case subject to court approval. It usually involves the When accused pleads guilty to a capital offense, the court
defendant’s pleading guilty to a lesser offense or to only one shall:
or some of the counts of a multi-count indictment in return (1) Conduct a searching inquiry to ascertain:
for a lighter sentence that that for the graver charge. (Daan v. a. The voluntariness of the plea; and
Sandiganbayan, 2008) b. Whether or not the accused has full
comprehension of the consequences of
REQUISITES FOR A PLEA OF GUILTY TO A LESSER his plea;
OFFENSE (2) Require the prosecution to prove:
a. The guilt of the accused; and
The accused may plead guilty to a lesser offense provided: b. The precise degree of his culpability; and
(1) The lesser offense is necessarily included in the (3) Ask the accused if he desires to present evidence in
offense charged; and his behalf and allow him to do so if he desires. (Sec.
(2) The plea must be with the consent of both the 3, Rule 116, Rules of Court)
offended party and the prosecutor. (Sec. 2, Rule 116,
Rules of Court)
The consent of the offended party will not be required if said Searching inquiry
party, despite due notice, fails to appear during the
arraignment. (Sec. 1(f), Rule 116, Rules of Court)
It is essential that a searching inquiry is conducted after the
accused pleads guilty to a capital offense, and the following
If accused entered a plea to a lesser offense without the
guidelines must be complied with in making such inquiry:
consent of the offended party and the prosecutor and he was
(1) Ascertain from the accused himself the
convicted, his subsequent conviction of the crime charged
voluntariness of the plea and:
would not place him in double jeopardy.
a. How he was brought into the custody of
the law;
The acceptance of an offer to plead guilty to a lesser offense
b. Whether he had the assistance of a
is a matter addressed entirely to the sound discretion of the
competent counsel during the custodial
trial court. (Daan v. Sandiganbayan, 2008)
and preliminary investigations; and
c. Under what conditions he was detained
An offense is necessarily included in another when some of
and interrogated during the
the essential elements or ingredients of the former as alleged
investigations.
in the complaint or information constitute the latter and vice
(2) Ask the defense counsel a series of questions as to
versa. (Daan v. Sandiganbayan, 2008)
whether he had conferred with, and completely
explained to the accused the meaning and
consequences of a plea of guilty;
(3) Elicit information about the personality profile of
When may accused enter a plea of guilty to a lesser offense
the accused (e.g. age, socio-economic status, and
educational background);
The accused may plead guilty to a lesser offense at or after (4) Inform the accused the exact length of
arraignment, and after his prior plea of guilty is withdrawn, imprisonment or nature of the penalty under the
provided that the same be made before trial. (Sec. 2, Rule 116, law and the certainty that he will serve such
Rules of Court) sentence.
(5) Inquire if the accused knows the crime with which
he is charged and fully explain to him the elements

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of the crime which is the basis of his indictment. (3) The court must ask the accused whether he desires
(6) All questions posed to the accused should be in a to present evidence on his behalf, and allow him to
language known and understood by the latter. do so if he so desires (People v. Spidol, 2004).
(7) The trial judge must satisfy himself that the
accused, in pleading guilty, is truly guilty. The At any time before the judgment of conviction becomes final,
accused must be required to narrate the tragedy or the court may permit an improvident plea of guilty to be
reenact the crime or furnish its missing details. withdrawn and be substituted by a plea of not guilty. (Sec. 5,
(People v. Pastor, 2002) Rule 116, Rules of Court)
Where the court failed to conduct the searching inquiry, the Convictions based on an improvident plea of guilty are set
plea of guilt is deemed made improvidently and rendered aside only if such plea is the sole basis of the judgment. (People
inefficacious. (People v. Gumimba, 2007) v. Solamillo, 2003) Where the court relied on sufficient and
credible evidence to convict the accused, the same will be
Although there is no definite and concrete rule as to how a sustained. (People v. Ceredon, 2008)
trial judge may go about the manner of conducting a proper
"searching inquiry," it would be well for the court to require The withdrawal of plea of guilt is a matter of sound discretion
the accused to fully narrate the incident that spawned the of the trial court. (People v. Lambrino, 1958).
charges against him, or by making him reenact the manner
in which he perpetrated the crime, or by causing him to
furnish and explain to the court missing details of
INSTANCES OF IMPROVIDENT PLEA
significance. (People v. Bello, 1999)
The trial court should also be convinced that the accused has (1) When the plea of guilty was compelled by violence
not been coerced or placed under a state of duress either by or intimidation;
actual threats of physical harm coming from malevolent or (2) When the accused did not fully understand the
avenging quarters. Likewise, a series of questions directed at meaning and consequences of his plea;
defense counsel as to whether or not said counsel had (3) When there is insufficient information to sustain
conferred with, and completely explained to the accused the conviction of the offense charged;
meaning of a plea and its consequences, would be a well- (4) When the information does not charge an offense,
taken step along those lines. (People v. Estomaca, 1996) hence, any conviction thereunder is void;
(5) When the court has no jurisdiction;
PLEA OF GUILTY TO A NON-CAPITAL OFFENSE (6) When there was a failure to conduct searching
inquiry, if necessary.
When the accused pleads guilty to a non-capital offense, the
court may receive evidence from the parties to determine the
penalty to be imposed. (Sec. 4, Rule 116, Rules of Court)
Grounds for suspension of arraignment
No searching inquiry is required nor can the accused that the
same be conducted in order to determine the voluntariness
and full comprehension of the consequences of his plea. Suspension of the arraignment is allowed, only if:
(People v. Madraga, 2000) (1) The accused appears to be suffering from an
unsound mental condition which effectively
renders him unable to fully understand the charge
against him and to plead intelligently thereto;
Improvident plea (2) There exists a prejudicial question; and
(3) There is a petition for review of the resolution of the
prosecutor which is pending at either the DOJ, or
An improvident plea is one given without proper information the Office of the President.
as to all circumstances affecting it and is based upon a
mistaken assumption or misleading information or advice. When a judge is informed or discovers that an accused is
(Black’s Law Dictionary) apparently in a present condition of insanity or imbecility, it
is within his discretion to investigate the matter, and if it be
An improvident plea is when the trial court failed in its duty found that by reason of such affliction the accused could not,
to conduct the prescribed “searching inquiry” into the with the aid of counsel, make a proper defense, it is the duty
voluntariness and full comprehension of the plea of guilty, of the court to suspend the proceedings and commit the
hence, the said plea is rendered inefficacious. (People v. accused to a proper place of detention until his faculties are
Gumimba, 2007) recovered (People v. Alcalde, 2002).
There are three (3) conditions that the trial court should do
in order to forestall the entry of an improvident plea of
guilty by the accused, namely:
MOTION TO QUASH
(1) The court must conduct a searching inquiry into the
voluntariness and full comprehension by the
accused of the consequences of his plea;
(2) The court must require the prosecution to present
evidence to prove the guilt of the accused and the MOTION TO QUASH
precise degree of his culpability; and

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A motion to quash is a mode by which an accused assails the prescribed form;

validity of a criminal complaint or information filed against (6) More than one offense is charged except when a
him for sufficiency on its face in point of law, or for defects single punishment for various offenses is
which are apparent in the face of the information. prescribed by law;
(7) The criminal action or liability has been
The term “to quash” means “to annul, vacate or overthrow,” extinguished;
implying that quashing an information does not necessarily (8) It contains averments which, if true, would
mean its dismissal. (People v. Sandiganbayan, 2004) constitute a legal excuse or justification;
(9) The accused has been previously convicted or
WHEN FILED acquitted of the offense charged, or the case against
him was dismissed or otherwise terminated
A motion to quash may be made at any time before the without his express consent. (Sec. 3, Rule 117, Rules
accused enters his plea. (Sec. 1, Rule 117, Rules of Court) of Court)
General Rule: A motion to quash is an omnibus motion since

all objections available at the time the motion is filed should
be invoked, otherwise, it shall be deemed a waiver of the MOTION TO QUASH VIS-À-VIS DEMURRER TO
said objections. EVIDENCE
Exception: The following objections are not waived (Sec. 9,

Rule 117, Rules of Court): Motion to Quash Demurrer to Evidence
(1) The facts charged do not constitute an offense (Sec. (Rule 117) (Rule 119)
3(a), Rule 117, Rules of Court); Filed before the accused Filed after the prosecution
(2) The court trying the case has no jurisdiction over enters a plea. rests its case (Sec. 23, Rule
the offense charged (Sec. 3(b), Rule 117, Rules of 119, Rules of Court), hence,
Court); during trial.
(3) The criminal action or liability has been
extinguished (Sec. 3(g), Rule 117, Rules of Court); and No prior leave of court is Either with or without
(4) Double jeopardy. (Sec. 3(i), Rule 117, Rules of Court) required. leave of court.
A motion to quash presupposes that the accused Grounds under Sec. 3, Rule Ground is for insufficiency
hypothetically admits the facts alleged, hence, the court in 117 of the Rules of Court. of evidence.
resolving the motion cannot consider facts contrary to those
alleged in the information or which do not appear on the Based on matters found on Based on matters outside
face of the information, except those admitted by the the face of the complaint or the complaint or
prosecution. (Milo v. Salanga, 1987) information. information.
A motion to quash is generally not allowed in a summary When granted, a dismissal When granted, it amounts
procedure except on the ground of lack of jurisdiction over of the case will not to an acquittal.
the subject matter or failure to comply with the barangay necessarily follow as the
conciliation proceedings. (Sec. 19, Rule on Summary court may order the filing
Procedure) of a new complaint or
information.
FORM AND CONTENTS OF THE MOTION TO QUASH
An order sustaining the An order granting a
(1) The motion shall be in writing; motion is generally not a demurrer is a resolution of
(2) The motion shall be signed by the accused or his bar to another prosecution. the case on the merits.
counsel; and
(3) The motion shall distinctly specify the factual and
legal grounds thereof. (Sec. 2, Rule 117, Rules of
Court) REMEDY FROM A DENIAL OF THE MOTION TO QUASH
General Rule: The movant should go to trial without

prejudice to reiterating the special defenses invoked in the
motion to quash. A petition for certiorari under Rule 65 or
prohibition is not the proper remedy.
Grounds FOR A MOTION TO QUASH
Exception: If the court, in denying the motion to quash, acted
with grave abuse of discretion amounting to lack or excess of
(1) The facts charged do not constitute an offense;
jurisdiction. (Lazarte v. Sandiganbayan, 2009)
(2) The court trying the case has no jurisdiction over
the offense charged;
(3) The court trying the case has no jurisdiction over
the person of the accused;
(4) The officer who filed the information had no
authority to do so;
(5) The motion does not conform substantially to the

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(1) The extinction of the criminal liability; or

(2) Double jeopardy.
Effects of sustaining the motion to quash
Double jeopardy
General Rule: An order sustaining a motion to quash is not a
bar to another prosecution for the same offense. Hence, the
court may order that another complaint or information be Double jeopardy refers to the jeopardy of punishment for the
filed. same offense and presupposes two separate criminal
prosecutions (Garcia v. Sandiganbayan, 2009). Also called as
Exception: Another complaint or information cannot be filed “res judicata in prison grey,” the right against double jeopardy
when the ground relied upon for sustaining the motion is prohibits the prosecution for a crime of which he has been
either: previously convicted or acquitted (Caes v. IAC, 1989)
(1) The extinction of the criminal liability; or
(2) Double jeopardy. NOTE: Res judicata is a doctrine in civil law, and thus, has no
bearing in criminal proceedings even if double jeopardy has
If the motion to quash is based on the alleged defect of the been described as “res judicata in prison grey.” (Trinidad v.
complaint or information, and the defect can be cured, the Office of the Ombudsman, 2007)
court can order that an amendment be made (Sec. 4, Rule 117,
Rules of Court). However, the prosecution: This criminal law concept of double jeopardy stems from the
(1) Fails to make the amendment; or constitutional provision that “no person shall be twice put in
(2) If despite the amendment, the complaint or jeopardy of punishment for the same offense. If an act is
information suffers from the same defect, the court punished by a law and an ordinance, conviction or acquittal
shall grant the motion to quash. (Sec. 4, Rule 117, under either shall constitute a bar to another prosecution for
Rules of Court) the same act.” (Sec. 21, Art. III, 1987 Constitution)
If the court orders that another complaint or information be The Constitution does not prohibit placing a person in
filed, the accused, who may be in custody, shall not be jeopardy. What it prohibits is putting an accused in “double
discharged or released, except if he is admitted to bail. (Sec. jeopardy” in which he is put in danger of conviction and
5, Rule 117, Rules of Court) If such order is not made, or if punishment for the same offense more than once.
having been made, another information is not filed within a
time to be specified in the order, or within such time as the Double jeopardy presupposes that:
court may allow, accused, if in custody, shall be discharged (1) A first jeopardy has already attached prior to the
therefrom, unless he is also in custody on some other charge. second jeopardy;
(2) The first jeopardy has already been terminated
If the motion to quash is sustained upon any of the following either because the accused has already been
grounds, the court must state, in its order granting the convicted, or acquitted, or the case against him has
motion, the release of accused if he is in custody or the been dismissed or terminated without his express
cancellation of his bond if he is on bail: consent.
(1) That a criminal action or liability has been
extinguished; REQUISITES OF DOUBLE JEOPARDY
(2) That the complaint contains averments which, if
true, would constitute a legal excuse or Double jeopardy attaches only:
justification; or (1) Upon a valid indictment;
(3) That the accused has been previously convicted or - There must be a valid complaint or
acquitted of the offense charged. information or formal charge sufficient in
form and substance to sustain a conviction.
If the ground upon which the motion to quash was Sec. 7, Rule 117, Rules of Court)
sustained is that the court has no jurisdiction over the (2) Before a competent court;
offense, the better practice is for the court to remand or (3) After arraignment;
forward the case to the proper court. (4) When a valid plea has been entered; and
(5) When the defendant was acquitted or convicted, or
the case was dismissed or otherwise terminated
without the express consent of the accused.
Exception to the rule that sustaining the motion to quash IS - The mere filing of two informations or
noT A bar to another prosecution complaints charging the same offense does
not yet afford the accused the occasion to
complain that he is being placed in double
General Rule: An order sustaining a motion to quash is not a jeopardy. (Tangan v. People, 1987)
bar to another prosecution for the same offense. Hence, the
court may order that another complaint or information be When all the requisites are present, they constitute a bar to a
filed. second prosecution for:
(1) The same offense, or
Exception: Another complaint or information cannot be filed (2) An attempt to commit the said offense, or
when the ground relied upon for sustaining the motion is (3) A frustration of the said offense, or
either: (4) Any offense which necessarily includes or is

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necessarily included in the first offense charged. conviction; and

(3) It prevents the State from retrying the accused
Not every dismissal with the consent of the accused would again in the hope of securing a greater penalty.
preclude the invocation of the protection against double (Villareal v. Aliga, 2014)
jeopardy. Double jeopardy will apply even if the dismissal
made with the express consent of the accused, or upon his
own motion, if the dismissal, which will have the effect of
DISMISSAL VIS-À-VIS ACQUITTAL
acquittal, is predicated on either of two grounds:
(1) Insufficiency of evidence; or
(2) Denial of the right to speedy trial. (People v. Declaro, Acquittal is always based on the merits; dismissal does not
1989) decide the case on the merits nor does it mean that the
defendant is not guilty. (People v. Salico, 1949)
The invocation of the right to speedy trial should be
preceded by insisting on a trial. (Andres v. Cacdac, 1982) If an act is punished by a law and an ordinance, even if they
are considered as different offenses, conviction or acquittal
The same criminal act may give rise to two or more separate under either shall constitute a bar to another prosecution for
and distinct offenses. No double jeopardy attaches as long as the same act. (Manantan v. CA, 2001)
there is a variance between the elements of the two offenses
charged. (Braza v. Sandiganbayan, 2013) If a single act is punished by two different provisions of law
or statutes, but each provision requires proof of an
The rule on double jeopardy does not apply to additional fact which the other does not so require, neither
administrative cases. (Icasiano v. Sandiganbayan, 1992) conviction nor acquittal in one will bar a prosecution for the
other. (Perez v. CA, 1988)
Dismissal of the criminal case does not result in the
dismissal of the administrative case because there exists a
difference between those two remedies. (Office of the
Ombudsman v. Medrano, 2008) TESTS FOR DETERMINING WHETHER THE TWO
OFFENSES ARE IDENTICAL
A preliminary investigation is merely inquisitorial, is an
executive function, and is not a trial of the case on the merits, (1) Same offense test
its only purpose being to determine whether a crime has (2) Same evidence test
been committed and whether there is probable cause to
believe that the accused is guilty therefor. As such, it does SAME OFFENSE TEST
not place the person against whom it is taken in jeopardy.
(Tandoc v. Resultan, 1989) General Rule: There is an identity between two offenses not
only when the second offense is exactly the same as the first,
Double jeopardy does not attach where the criminal trial but also when the second offense is an attempt to or
was a sham. (Galman v. Sandiganbayan, 1986) frustration of, or is necessarily included in the offense
charged in the first information. (Carmelo v. People, 1950)
There is no double jeopardy when the accused are being
prosecuted for an act or incident punished by four national Exceptions:
statutes and not by an ordinance and a national statute. (1) The graver offense developed due to supervening
(Loney v. People, 2006) facts arising from the same act or omission
constituting the former charge.
FINALITY-OF-ACQUITTAL DOCTRINE (2) The facts constituting the graver charge became
known or were discovered only after a plea was
entered in the former complaint or information.
(3) The plea of guilty to the lesser offense was made
As a rule, an acquittal rendered by a court of competent without consent of the prosecutor and of the
jurisdiction after trial on the merits is immediately final and offended party; except when the offended party
cannot be appealed because of double jeopardy. (People v. failed to appear during the arraignment.
In any of these instances are present, such period of the
The State is proscribed from appealing the judgment of sentence as may have been served by accused under the
acquittal through either a regular appeal under Rule 41 of former conviction shall be credited against and deducted
the Rules of Court, or an appeal by certiorari on pure from the sentence he has to serve should he be convicted
questions of law under Rule 45 of the same Rules. (People v. under the subsequent prosecution.
Nazareno, 2009)
The finality-of-acquittal doctrine recognizes that the accused

is entitled to repose as a direct consequence of the finality of Same evidence test
his acquittal. The purposes of the doctrine are:
(1) To prevent the State from using its criminal Whether the facts as alleged in the second information, if
processes as an instrument of harassment against proved, would have been sufficient to sustain the former
the accused; information, or from which accused may have been
(2) It serves to preclude the State from successively acquitted or convicted. (People v. Silva, 1962)
retrying the accused in the hope of securing a

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be dismissed if there is a continuous

absence;
b. There is proof of service of the notices of
Provisional dismissal hearings or subpoena at their last known
postal or e-mail addresses or mobile
phone numbers. (Sec. 10, A.M. No. 12-11-
The concept of a provisional dismissal contemplates that the 2-SC)
dismissal of the criminal action is not permanent and can be
revived within the period set by the Rules of Court. The public or private prosecutor shall first present during
the trial the essential witness or witnesses to the case before
The provisional dismissal of the case does not operate as an anyone else. (Riano)
acquittal since its dismissal was made with the express
consent of the accused, thus, there is no double jeopardy. An essential witness is one whose testimony dwell on the
Saldariega v. Panganiban, 2015) presence of some or all of the elements of the crime and
whose testimony is indispensable to the conviction of the
REQUISITES OF A VALID PROVISIONAL DISMISSAL accused. (Riano)
(1) There must be express consent of the accused; and General Rule: Where the case was dismissed “provisionally”
(2) There must be notice to the offended party. with the consent of accused, he cannot invoke double
jeopardy in another prosecution therefor or where the case
Only upon compliance of the above requisites can the time- was reinstated on a motion for reconsideration by the
bar rule operate. prosecution. (People v. Lacson, 2003)
The express consent of the accused in order to bar him from Exceptions: Where the dismissal was actually an acquittal
subsequently asserting that the revival of the criminal case based on:
will place him in double jeopardy for the same offense or for (1) Lack or insufficiency of the evidence; or
an offense necessarily included therein. Express consent to a (2) Denial of the right to speedy trial.
provisional dismissal is given either viva voce or in writing.
(People v. Lacson, 2003)
REVIVAL OF CASE PROVISIONALLY DISMISSED
TIME-BAR RULE
In an action for violation of the Comprehensive Dangerous
Drugs Act, the case was provisionally dismissed due to
(1) The provisional dismissal of offenses punishable by failure of prosecution’s principal witness to attend series of
imprisonment not exceeding six (6) years or a fine hearing, the state may cause the revival of the case provided
of any amount, or both, shall become permanent it is done within the period provided under Sec. 8(2), Rule
one (1) year after issuance of the order without the 117 of the Rules of Court. (Saldariega v. Panganiban, 2015)
case having been revived.
(2) The provisional dismissal of offenses punishable by
imprisonment of more than six (6) years shall
become permanent two (2) years after issuance of EFFECT OF DISMISSAL OF THE CASE AGAINST THE
the order without the case having been revived. PRINCIPALS TO THE ACCOMPLICES
(Sec. 8, Rule 117, Rules of Court)
ADDITIONAL RULES ON PROVISIONAL DISMISSAL In an action against accomplices under the Anti Hazing Law,
the dismissal of the case against the principals does not ipso
In the following instances, the court can provisionally facto result in the dismissal of the case against the
dismiss the action with the express consent of the accused: accomplices especially when the occurrence of the crime has
(1) When the delays are due to the absence of an in fact been established. (People v. Bayabos, 2015)
essential witness whose whereabouts are unknown
or cannot be determine and, therefore, are subject
to exclusion in determining compliance with the
prescribed time limits which cause the trial to PRE-TRIAL
exceed one hundred eighty (180) days;
(2) When the delays are due to the absence of an
essential witness whose presence cannot be PRE-TRIAL
obtained by due diligence although his
whereabouts are known, provided:
a. The hearing in the case has been A pre-trial is a proceeding conducted before trial of the case
previously twice postponed due to the for the purpose of considering certain matters.
non-appearance of the essential witness
and both the witness and the offended A pre-trial is mandatory in all civil (Sec. 2, Rule 18, Rules of
party, if they are two different persons, Court) and criminal cases (Sec. 1, Rule 118, Rules of Court).
have been given notice of the setting of
the case for third hearing, which notice Pre-trial is mandatory in all criminal cases cognizable by the
contains a warning that the case would following courts:

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(1) Sandiganbayan; The acceptance of an offer to plead guilty to a lesser offense

(2) RTC; is a matter addressed entirely to the sound discretion of the
(3) MeTC, MTCC, MTC, and MCTC. (Sec. 1, Rule 118, trial court. (Daan v. Sandiganbayan, 2008)
Rules of Court)
An offense is necessarily included in another when some of
WHEN HELD the essential elements or ingredients of the former as alleged
in the complaint or information constitute the latter and vice
(1) Within thirty (30) days after arraignment; versa. (Daan v. Sandiganbayan, 2008)
(2) Within ten (10) days if the accused is under
preventive detention;
(3) Where the direct testimonies of the witnesses are to
be presented through judicial affidavits, the court
shall give the prosecution not more than twenty Pre-trial agreement
(20) days from arraignment within which o prepare
and submit their judicial affidavits in time for the
pre-trial conference. (Sec. 8(c), A.M. No. 12-11-2-SC) All agreements and admissions made or entered during the
pre-trial conference shall be:
(1) Reduced in writing; and
(2) Signed by the accused and counsel.
Matters TO BE considered during pre-trial conference
Failure to comply with the above requirements renders
inadmissible the said admissions against the accused. (I-B(8),
(1) Plea bargaining; A.M. 03-1-09-SC)
(2) Stipulation of facts;
(3) Marking for identification of evidence of the All proceedings during the pre-trial shall be recorded, the
parties; transcripts prepared and the minutes signed by the parties
(4) Waiver of objections to admissibility of evidence; and/or their counsels. (I-B(5), A.M. 03-1-09-SC)
(5) Modification of the order of trial if the accused
admits the charge but interposes a lawful defense;
and
(6) Such matters as will promote a fair and expeditious Non-appearance at pre-trial
trial of the criminal and civil aspects of the case (Sec.
1, Rule 118, Rules of Court).
If the counsel for the accused or the prosecutor does not
appear at the pre-trial conference and does not offer an
acceptable excuse for his lack of cooperation, the court may
PLEA BARGAINING impose proper sanctions or penalties. (Sec. 3, Rule 118, Rules
of Court)
Plea bargaining is a process whereby the accused and the

prosecution work a mutually satisfactory disposition of the
case subject to court approval. It usually involves the Pre-trial order
defendant’s pleading guilty to a lesser offense or to only one
or some of the counts of a multi-count indictment in return
for a lighter sentence that that for the graver charge. (Daan v. Within ten (10) days after the termination of the pre-trial, the
Sandiganbayan, 2008) trial judge shall issue a Pre-trial Order setting forth:
(1) The actions taken during the pre-trial conference;
REQUISITES FOR A PLEA OF GUILTY TO A LESSER (2) The facts stipulated;
OFFENSE (3) The admissions made;
(4) The evidence marked;
The accused may plead guilty to a lesser offense provided: (5) The number of witnesses to be presented; and
(1) The lesser offense is necessarily included in the (6) The schedule of the trial.
offense charged; and
(3) The plea must be with the consent of both the The Pre-trial Order shall bind the parties, limit the trial to
offended party and the prosecutor. (Sec. 2, Rule 116, matters not disposed of and control the course of the action
Rules of Court) during trial, unless modified by the court to prevent
manifest injustice. (I-B(10), A.M. 03-1-09-SC)
The consent of the offended party will not be required if said
party, despite due notice, fails to appear during the To prevent manifest injustice, the Pre-trial Order may be
arraignment. (Sec. 1(f), Rule 116, Rules of Court) modified by the court, upon its own initiative or at the
instance of any party. Unlike in civil cases, modifications of
If accused entered a plea to a lesser offense without the the pre-trial order in criminal cases may be made even
consent of the offended party and the prosecutor and he was during trial. (1997 Bar)
convicted, his subsequent conviction of the crime charged
would not place him in double jeopardy. PRE-TRIAL IN A CIVIL CASE VIS-À-VIS PRE-TRIAL IN
A CRIMINAL CASE
Pre-trial in a Civil Case Pre-trial in a Criminal Case

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Proceeded by a motion ex No motion is required to

parte. be filed.
Set after the motion is Ordered after arraignment TRIAL

filed. and within thirty (30) days
after the court acquires
jurisdiction.
The sanction for non- The sanction for non-

appearance is imposed on appearance is imposed on
Instances when presence of accused is required by law
the non-appearing party. the counsel of the accused
or the prosecutor.
(1) At arraignment and plea, whether of innocence or
Pre-trial briefs must be Pre-trial briefs are not guilt;
submitted. required. (2) During trial, whenever necessary for identification
purposes; and
There is no strict warning Admissions must be in (3) At the promulgation of sentence, unless it is for a
on admissions made. writing and signed, light offense, in which case, the accused may
otherwise, it is appear by counsel or representative (People v. De
inadmissible. Grano, 2009).
NOTE: The accused must be present at the arraignment and

must personally enter his plea. (Sec. 1(b), Rule 116, Rules of
Referral of some cases for court annexed mediation and Court)
judicial dispute resolution
Judicial Dispute Resolution (JDR) is a concept seeking to WHEN TRIAL SHALL COMMENCE
resolve mediatable cases through mediation and conciliation
at the level of the judge, thereby increasing the satisfaction of
litigants in the court process and also helping to decongest the (1) Trial shall be set not later than thirty (30) days from
dockets of the judiciary. It is also done in order to expedite the the termination of the pre-trial conference.
resolution of cases. (2) After a plea of not guilty is entered, the accused
shall be given at least fifteen (15) days to prepare
Judicial proceedings is divided into two stages: for trial. (Sec. 1, Rule 119, Rules of Court)
(1) From the filing of the complaint, to the conduct of
CAM (Court-Annexed Mediation) and JDR during
the pre-trial stage; and
(2) Pre-trial proper to trial and judgment. RequisiteS before a trial can be suspended on account of the
absence of a witness
The JDR judge, to whom the case has been originally raffled,
shall preside over the first stage in order to conduct the CAM
and JDR. If the mediation did not succeed, the JDR judge (1) The essential witness is absent or unavailable;
cannot preside over the trial of the same case. (2) The witness must be an essential witness. (Casilan
v. Gancatco, 1958)
After the arraignment, the court shall forthwith set the pre-
trial conference within 30 days from the date of arraignment, To justify the delay, the witness must be an “essential”
and issue an order informing the parties that no evidence witness or one who is “indispensable, necessary or
shall be allowed to be presented and offered during the trial important in the highest degree.” (Black’s Law Dictionary)
other than those identified and marked during the pre-trial
except when allowed by the court for good cause shown. In ABSENCE OF A WITNESS
mediatable cases, the judge shall refer the parties and their
counsel to the PMC unit for purposes of mediation if An essential witness is considered absent in either of the
available. (AM No. 03-1-09) following situations:
(1) His whereabouts are unknown; or
CASES SUBJECT TO MEDIATION FOR JDR (2) His whereabouts cannot be determined by due
diligence. (Sec. 3(b), Rule 119, Rules of Court)
(1) All civil cases, settlement of estates, and cases
covered by the Rules on Summary Procedure, UNAVAILABILITY OF A WITNESS
except those which by law may not be
compromised; A witness is considered unavailable, even if his whereabouts
(2) Cases cognizable by the Lupong Tagapamayapa; are known, provided that his presence for the trial cannot be
(3) The civil aspect of B.P. 22 cases; obtained by due diligence. (Sec. 3(b), Rule 119, Rules of Court)
(4) The civil aspect of quasi-offenses under Title 14 of
the RPC; CONTINUOUS TRIAL
(5) The civil aspect of estafa and libel;
(6) The civil aspect of theft. (Riano)

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As a rule, once commenced, the trial shall continue from day

to day as far as practicable until terminated but it may be
postponed for a reasonable period of time for good cause. In
setting the case for continuous trial, the court shall consult Trial in absentia
with the prosecutor and defense counsel. (Sec. 2, Rule 119,
Rules of Court)
An accused need not always be present in every hearing
TRIAL PERIOD although it is his right to be present, if he so desires, from
arraignment to the rendition of the judgment. This right
The entire trial period shall not exceed one hundred eighty stems from his constitutional right to meet the witnesses
(180) days from the first day of trial, except as otherwise against him face-to-face and other rights under the Bill of
authorized by the SC. (Sec. 2, Rule 119, Rules of Court) rights.
POSTPONEMENT OR CONTINUANCE OF TRIAL While the right to be present may be waived, it does not
necessarily mean that the accused may be tried in his
A postponement or continuance is subject to judicial absence (trial in absentia).
discretion. The factors to be considered for granting a
continuance are: Such waiver of the accused’s right to be present in trial does
(1) Whether or not the failure to grant a continuance not mean that he is released from his obligation under the
would likely make a continuation of such bond to appear in court whenever so required.
proceeding impossible or result in a miscarriage of
justice; or Once an accused escapes from prison or confinement, he
(2) Whether or not the case, taken as a whole, is so loses his standing in court and is deemed to have waived
novel, unusual and complex, due to the number of any right to seek relief from the court unless he surrenders
accused or the nature of the prosecution, or that it or submits to the jurisdiction of the court. (People v. Licayan,
is unreasonable to expect adequate preparation 2002)
within the periods of time established therein. (Sec.
4, Rule 119, Rules of Court) REQUISITES WHEN THE ACCUSED MAY BE TRIED IN
ABSENTIA
The rule prohibits continuance based on the following
grounds: (1) The accused has already been arraigned;
(1) Congestion of the court’s calendar; (2) The accused has been duly notified of the trial or
(2) Lack of diligent preparation; or hearings; and
(3) Failure to obtain available witnesses on the part of (3) The absence of the accused or his failure to appear
the prosecutor. (Sec. 4, Rule 119, Rules of Court) is unjustified. (Sec. 14(2), Art. III, 1987 Constitution)
ORDER OF TRIAL
(1) The prosecution shall present its evidence to: Remedy when THE accused is not brought to trial within the
a. Prove the charge; and prescribed period
b. Prove the civil liability in the proper case.
(2) The accused may then present his evidence to:
If the accused is not brought to trial in accordance with the
a. Prove his defense; and
time limit set by Sec. 6, Rule 119 of the Rules of Court, the
b. Prove the damages he sustained, if any,
information may be dismissed upon motion of the accused,
arising from the issuance of a provisional
and on the ground of the denial of his right to speedy trial.
remedy in the case.
However:
(3) The prosecution may present it rebuttal evidence,
(1) The accused has the burden of proving the ground
unless the court allows it to present additional
for his motion; and
evidence bearing on the main issue;
(2) The prosecutor shall have the burden of going
(4) The accused may present sur-rebuttal evidence,
forward with the evidence to establish that the
unless the court allows it to present additional
delay belongs to the exclusion of time mentioned in
evidence bearing on the main issue;
Sec. 3, Rule 119 of the Rules of Court.
(5) Upon submission of the evidence of the parties, the
case shall be deemed submitted for decision, unless
In case of dismissal on the ground of denial of the right to
the court directs them to argue orally or to submit
speedy trial, the dismissal shall be subject to the rules on
written memoranda. (Sec. 11, Rule 119, Rules of
double jeopardy. (Sec. 9, Rule 119, Rules of Court)
Court)
To be afforded such dismissal, the court shall take into
REVERSE TRIAL
consideration the following factors:
(1) Duration of the delay;
The order of the trial may be modified when the accused
(2) Reasons for the delay;
admits the act or omission charged in the complaint or
(3) Assertion of his right to speedy trial; and
information but interposes a lawful defense. (Sec. 11(e), Rule
(4) Prejudice caused to him by such delay. (Mari and
119, Rules of Court)
People v. Hon. Gonzales, 2011)

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NOTE: This motion must be filed before trial; otherwise, it (1) File a motion for the discharge of the accused; and
shall be considered waived. (2) File the motion before the prosecution rests its case.
DELAYS TO BE EXCLUDED IN COMPUTING THE
PERIOD FOR COMMENCEMENT OF TRIAL Upon hearing of the motion, the court shall require the
prosecution to present evidence and the sworn statement of
Such delays include, but are not limited to, the following: each proposed state witness. The court shall then conduct a
(1) Delay resulting from an examination of the hearing in support of the discharge. (Sec. 17, Rule 119, Rules
physical and mental condition of the accused; of Court)
(2) Delay resulting from proceedings with respect to
other criminal charges against the accused; The prosecution may discharge an accused as a state witness
(3) Delay resulting from extraordinary remedies under its prosecutorial prerogative. However, once the
against interlocutory orders; information has been filed in court, the witness may only be
(4) Delay resulting from pre-trial proceedings; discharged when the court allows it.
provided that the delay does not exceed thirty (30)
days;
(5) Delay resulting from orders of inhibition, or
proceedings relating to change of venue of cases or Requisites for discharge of accused to beCOME A state
transfer from other courts; witness
(6) Delay resulting from a finding of the existence of a
prejudicial question; (1) Two or more accused are jointly charged;
(7) Delay reasonably attributable to any period, not to (2) The motion for discharge is filed by the prosecutor
exceed thirty (30) days, during which any before it rests its case;
proceeding concerning the accused is actually (3) The prosecution is required to present evidence
under advisement; and the sworn statement of each proposed state
(8) Delay resulting from the absence or unavailability witness at a hearing in support of the discharge;
of an essential witness; (4) The accused gives consent to be a state witness; and
(9) Delay resulting from the mental incompetence or (5) The trial court is satisfied that:
physical inability of the accused to stand trial; a. There is absolute necessity for the
(10) Delay from the date the charge was dismissed to testimony of the accused whose
the date the time limitation would commence to discharge is requested;
run as to the subsequent charge had there been no b. There is no other direct evidence
previous charge if the information is dismissed available for the proper prosecution of
upon motion of the prosecution and, thereafter, a the offense committed except the
charge is filed against the accused for the same testimony of the accused;
offense; c. The testimony of said accused can be
(11) Delay which is reasonable, when the accused is substantially corroborated in its material
joined for trial with a co-accused over whom the points;
court has not acquired jurisdiction, or, as to whom d. Said accused does not appear to be the
the time for trial has not run and no motion for most guilty; and
separate trial has been granted; e. Said accused has not at any time been
(12) Delay resulting from a continuance granted by any convicted of any offense involving moral
court motu proprio, or on motion of either the turpitude. (Sec. 17, Rule 119, Rules of
accused or his counsel, or the prosecution, if the Court)
court granted the continuance on the basis of its
findings set forth in the order that the ends of The witness need not be the least guilty. It is sufficient that
justice served by taking such action outweigh the he or she should not appear to be the most guilty. (Jimenez,
best interest of the public and the accused in a Jr. v. People, 2014)
speedy trial. (Sec. 3, Rule 119, Rules of Court)
The absence of any of the requisites for the discharge of a
particeps criminis is a ground for objection to the motion for
his discharge. However, such objection must be raised
before the discharge is ordered.
discharge of accused to beCOME A state witness
Effects of discharge of accused as state witness

General Rule: When two or more accused are jointly charged
for an offense, they shall be tried jointly, unless the court, in
its discretion, and upon motion of the prosecutor orders a If the motion is granted:
separate trial for one or more of the accused. (Sec. 16, Rule (1) The evidence adduced during the discharge
119, Rules of Court) hearing shall automatically form part of the trial.
Exception: One or more of the accused tried jointly with the (2) The discharge of the accused shall amount to an
others may be discharged with their consent so that they acquittal and shall be a bar to another prosecution
may be witnesses for the state. For this purpose, the for the same offense, except if the accused fails or
prosecutor shall comply with the following: refuses to testify against his co-accused in

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accordance with his sworn statement constituting It may be filed in civil cases (Rule 33, Rules of Court) or in
the basis for his discharge. (Sec. 18, Rule 119, Rules special proceedings. (Sec. 2, Rule 72, Rules of Court)
of Court)
- Failure to testify refers exclusively to A demurrer to evidence filed before the prosecution rests its
defendant’s will or fault. case is premature. (Magleo v. De Juan-Quinagoran, 2014)
(3) Where an accused becomes a state witness on the
promise of immunity, but later retracts and fails to NOTE: The court may, on its own initiative, dismiss the
keep his part of the agreement, his confession of his action without waiting for a demurrer from the accused also
participation in the commission of the crime is on the ground of insufficiency of evidence. However, the
admissible as evidence against him. court shall do so only after giving the prosecution the
opportunity to be heard. (Sec. 23, Rule 119, Rules of Court)
If the motion is denied:
(1) The accused’s sworn statement shall be KINDS OF A DEMURRER TO EVIDENCE BY THE
inadmissible in evidence. (Sec. 17, Rule 119, Rules of ACCUSED
Court)
(2) The proposed state witness shall be prosecuted like (1) With leave of court
his co-accused. (2) Without leave of court
It is not required that the state witness’ testimony convict the DEMURRER TO EVIDENCE WITH LEAVE OF COURT
accused. Regardless of the judgment, the accused who
becomes a state witness shall enjoy immunity. (1) A motion for leave of court to file a demurrer to
evidence shall be filed by the accused, specifically
stating the grounds therefor and shall be filed
within a non-extendible period of five (5) days after
STATE WITNESS RULE
the prosecution rests its case.
(2) The prosecution may oppose the motion within a
Where a motion for the discharge of the witness as an accused non-extendible period of five (5) days from its
pursuant to the witness protection program was granted by receipt. (Sec. 23, Rule 119, Rules of Court)
the trial court judge, no grave abuse of discretion could be (3) If granted, the accused shall file the demurrer to
ascribed against the judge provided that the testimony of the evidence within a non-extendible period of ten (10)
accused is a matter of absolute necessity, that his testimony is days from notice.
substantially corroborated, and that he does not appear to be (4) The prosecution may oppose the motion within a
the most guilty (Jimenez v. People, 2014). similar period from its receipt. (Sec. 23, Rule 119,
Rules of Court)
Demurrer to evidence (5) If the demurrer is granted, the case is dismissed and
the same shall amount to an acquittal. (Mupas v.
A demurrer to evidence is an objection of one of the parties People, 2011)
to the effect that the evidence his adversary produced is (6) If the demurrer is denied, the accused may present
insufficient in point of law, whether true or not, to make out evidence in his defense (Sec. 23, Rule 119, Rules of
a case or sustain the issue. (People v. Sandiganbayan, 2015) Court), then to appeal if he is convicted.
Sufficient evidence for purposes of frustrating a demurrer DEMURRER TO EVIDENCE WITHOUT LEAVE OF
thereto is such evidence in character, weight or amount as COURT
will legally justify the judicial or official action demanded
according to the circumstances. (1) If granted, the case is dismissed and the effect is an
acquittal.
To be considered sufficient, the evidence must prove: (2) If denied, the accused waives the right to present
(1) The commission of the crime; and evidence and submits the case for judgment on the
(2) The precise degree of participation therein by the basis of the evidence for the prosecution. (Sec. 23,
accused. Rule 119, Rules of Court)
WHEN FILED Filed Without Leave of

Filed with Leave of Court
Court
A demurrer to evidence is actually a motion to dismiss that The accused may still The accused waives his
is filed by the accused after the prosecution has rested its adduce evidence in his right to present evidence
case. (Sec. 23, Rule 119, Rules of Court) defense.
NOTE: Not every motion to dismiss is a demurrer to Assists in determining Submits the case for
evidence. If the motion to dismiss is not grounded upon the whether demurrer was judgment on the basis of
insufficiency of the evidence, then it is not a demurrer under filed to merely stall the the prosecution’s evidence.
Rule 119 of the Rules of Court. In determining whether the proceedings.
motion filed is a demurrer to evidence or just a motion to
dismiss, the following must be considered: EFFECT OF A DEMURRER TO EVIDENCE
(1) The allegations in it must be made in good faith;
(2) The stage of the proceeding at which it is filed; and If the demurrer is granted:
(3) The primary objective of the party filing it. (1) It shall amount to the accused’s acquittal to the
crime charged.

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(2) It cannot be appealed because it would place the (4) The penalty imposed upon the accused;
accused in double jeopardy. (5) The civil liability or damages caused by his
(3) The order granting a demurrer is reviewable only wrongful act or omission, if any, unless the
by certiorari under Rule 65 of the Rules of Court enforcement of the civil liability by a separate civil
upon showing that it was issued with grave abuse action has been reserved or waived. (Sec. 2, Rule
of discretion amounting to lack or excess of 120, Rules of Court)
jurisdiction.
JUDGMENT
CONTENTS OF A JUDGMENT OF ACQUITTAL
JUDGMENT
(1) Whether or not the evidence of the prosecution:
A judgment is an adjudication by the court that the accused a. Absolutely failed to prove the guilt of the
accused; or
is guilty or not guilty of the offense charged and the
b. Merely failed to prove his guilt beyond
imposition on him of the proper penalty and civil liability, if
reasonable doubt;
any. (Sec. 1, Rule 120, Rules of Court)
(2) A determination if the act or omission from which
Requisites of a judgment the civil liability might arise did not exist. (Sec. 2,
The formal requisites of a judgment are: A verdict of acquittal is immediately final and executory
(1) It must be written in the official language; upon its promulgation. The State may not seek its review
(2) It must be personally and directly prepared and without placing the accused in double jeopardy. (Barbers v.
signed by the judge; Laguio, Jr., 2001)
(3) It must contain clearly and distinctly a statement of:
a. The facts; and If the accused was acquitted based on reasonable doubt, his
b. The law upon which it is based. (Sec. 1, civil liability arising from the crime charged, which has
Rule 120, Rules of Court) caused damaged to another, can still be proven by a lower
quantum of evidence. (Lontoc v. MD Transit, 1988)
Judgement rendered by a judge who did not hear the case
does not render the judgment erroneous, especially where the An acquittal of an accused based on reasonable doubt does
evidence on record is sufficient to support its conclusion. not bar the offended party from filing a separate civil action
(People v. Alfredo, 2010) based on other sources of obligation. (People vs. Bayotas,
1994)
A petition for mandamus is proper to compel the judge to put
in writing the decision because it is his duty to do so. Since a judgment of acquittal is immediately executory, the
court cannot thereafter issue a judgment against the
The jurisdictional requirements before a judgment may be bondsman who failed to bring the accused to court during
validly rendered in a criminal case are: trial. (Belfast Surety and Insurance Co., Inc. v. People, 1982)
(1) Jurisdiction over the subject matter;
(2) Jurisdiction over the territory; and DUPLICITOUS COMPLAINT OR INFORMATION
(3) Jurisdiction over the person of the accused.
A duplicitous complaint or information is one where there
are two or more offenses in a single information or
complaint.
General Rule: A complaint or information must charge only

KINDS OF judgment one offense.
A judgment may be rendered for the: Exception: When the law prescribes a single punishment for
(1) Conviction of the accused; or various offenses, such as for:
(2) Acquittal of the accused. (1) Complex crimes;
(6) Special complex crimes;
(7) Continuous crimes;
(8) Crimes susceptible of being committed in various
CONTENTS OF A JUDGMENT OF CONVICTION modes; and
(9) Crimes of which another offense is an ingredient.
(1) The legal qualification of the offense constituted by
the acts committed by the accused; Duplicity of the offense is ground for a motion to quash. An
(2) The aggravating and mitigating circumstances objection to a complaint or information which charges more
which attended the commission of the offense; than one offense must be timely interposed before trial (Sec.
(3) The participation of the accused in the offense 3, Rule 120, Rules of Court).
whether as:
a. Principal; Failure to object on the ground of duplicity of the offense
b. Accomplice; or constitutes a waiver and the accused may be found guilty of
c. Accessory.

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as many offenses as those charged and proved during the defendant shall be convicted of the offense proved.
trial. (Riano) (2) When the offense proved is more serious than, and
includes the offense charged, the defendant shall be
VARIANCE DOCTRINE convicted of the offense charged.
(3) When the offense proved is neither included in, nor
General Rule: The accused may be convicted only of the crime does it include, the offense charged and is different
with which he is charged as this is based on his right to be therefrom, the court should dismiss the action and
informed of the nature of the offense with which he is order the filing of new information charging the
charged. proper offense. (Sec. 4, Rule 120, Rules of Court)
Exception: The rule on variance.
The variance referred to in Sec. 4, Rule 120 of the Rules of PROMULGATION OF JUDGMENT
Court is a situation where:
(1) The offense proved is different from the offense Promulgation is an official proclamation or announcement
charged in the complaint or information; and of the judgment or order.
(2) The offense as charged is either included in the
offense proved or necessarily includes the offense General Rule: The judgment is promulgated by reading it in
proved. the presence of the accused and any judge of the court in
which it was rendered.
Pursuant to the variance doctrine, the accused may be
convicted of the offense proved which is included in the Exception:
offense charged, or the offense charged which is included in (1) If the conviction is for a light offense, the judgment
the offense proved. (Sec. 4, Rule 120, Rules of Court) may be pronounced in the presence of his counsel
or representative.
Variance between the allegation and the proof cannot justify (2) The judgment may be promulgated by the clerk of
a conviction for either the offense charged or the offense court if the judge is absent or outside the province
proved unless either is included in the other. (Sec. 4, Rule or city. (Sec. 6, Rule 120, Rules of Court)
120, Rules of Court) (3) If the accused is confined or detained in another
province or city, the judgment may be promulgated
WHEN AN OFFENSE INCLUDES OR IS INCLUDED IN by the executive judge of the RTC having
ANOTHER jurisdiction over the place of confinement or
detention upon request of the court which rendered
An offense charged necessarily includes the offense proved judgment. (Sec. 6, Rule 120, Rules of Court)
when some of the essential elements or ingredients of the
former, as alleged in the complaint or information, constitute The judgment or sentence does not become a judgment or
the latter. And an offense charged is necessarily included in sentence in law until it:
the offense proved, when the essential ingredients of the (1) Is read and announced to the defendant; or
former constitute or form part of those constituting the (2) Has become a part of the record of the court. (U.S.
latter. (People v. Pareja, 2014) v. CFI of Manila, 1913)
General Rule: If what is proved by the prosecution evidence When there is no promulgation of judgment, no right to
is an offense which is included in the offense charged in the appeal accrues.
information, accused may validly be convicted of the offense
proved. PRESENCE OF THE ACCUSED IN PROMULGATION
Exception: Where facts supervened after the filing of General Rule: The accused must be present at the
information which change the nature of the offense. promulgation of sentence.
While a criminal negligent act is not a simple modality of a Exception: If it is for a light offense, in which case, the
willful crime but a distinct crime in itself, designated as a accused may appear by counsel or representative (People v.
quasi-offense, a conviction for a criminal negligent act can be De Grano, 2009).
under an information exclusively charging the commission
of a willful offense, upon the theory that the greater includes
the lesser offense (Samson v. CA, 1958).
INSTANCES OF PROMULGATION OF JUDGMENT IN
An accused who had committed a lesser offense includible ABSENTIA
within the offense charged cannot be convicted of a lesser
offense if it has already prescribed. (Francisco v. CA, 1983)
If the accused fails to appear at the scheduled promulgation
of judgment despite notice, the promulgation shall not be
suspended; instead, it shall be made by:
JUDGMENT IN CASE OF VARIANCE BETWEEN THE
(1) Recording the judgment in the criminal docket; and
ALLEGATION AND PROOF (2) Serving him a copy thereof at his last known
address or through his counsel.
(1) When the offense proved is less serious than, and is
necessarily included in, the offense charged, the

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If the judgment is for conviction, and the failure of the The trial court can validly amend the civil portion of its
accused to appear was without justifiable cause, the decision within fifteen (15) days from promulgation thereof
consequences are more severe. He shall: even though an appeal had already been perfected by the
(1) Lose the remedies available in the Rules of Court accused from a judgment of conviction.
against the judgment; and
(2) The court shall order his arrest.
However, he shall be given a chance to avail of the remedies PROBATION

against judgment as long as within fifteen (15) days from
promulgation of judgment, he surrenders and files a motion
for leave of court to avail of the remedies. He shall state the Appeal and probation are mutually exclusive remedies,
reason for his absence and, if he proves the absence was hence, applying for probation is necessarily deemed a
justified, he shall be allowed to avail of the remedies within waiver of one’s right to appeal. Implicit in an application for
fifteen (15) day from notice. (Sec. 6, Rule 120, Rules of Court) probation is an admission of guilt. (Almero v. People, 2014)
When the accused on bail fails to present himself at the

promulgation of a judgment of conviction, he is considered REMEDIES BEFORE A JUDGMENT OF CONVICTION
to have lost his standing in court. Without any standing in
BECOMES FINAL
court, the accused cannot invoke its jurisdiction to seek
relief. (Jaylo v. Sandiganbayan, 2015)
(1) Modification of judgment (Sec. 7, Rule 120, Rules of
NOTIFICATION OF THE PROMULGATION Court);
(2) Reopening of proceedings (Sec. 24, Rule 119, Rules
General Rule: The notice shall be given by the clerk of court to of Court);
the accused personally or through his bondsman or warden (3) Motion for new trial (Sec. 1, Rule 121, Rules of Court);
and counsel. (4) Motion for reconsideration (Sec. 1, Rule 120, Rules of
Court);
Exception: If the accused was tried in absentia because he (5) Appeal from the judgment (Rule 122, Rules of
jumped bail or escaped from prison, the notice to him shall Court).
be served at his last known address. (Sec. 6, Rule 120, Rules of
Court)
MODIFICATION OF JUDGMENT
NEW TRIAL OR RECONSIDERATION
A judgment of conviction may be modified or set aside by
the court:
MOTION FOR NEW TRIAL OR RECONSIDERATION
(1) Upon motion of the accused; and
(2) Before the judgment becomes final or before appeal
A motion for new trial or motion for reconsideration is filed
is perfected. (Sec. 7, Rule 120, Rules of Court)
by the accused when judgment has been rendered adverse to
him.
NOTE: The judgment cannot be modified or set aside motu
proprio.
The prosecutor cannot ask for a modification or the setting GROUNDS FOR NEW TRIAL
aside of a judgment of conviction because the rules clearly
provide that a modification or setting aside of a judgment of
conviction may be done by the court only upon motion of (1) Errors of law have been committed during trial;
accused. (2) Irregularities prejudicial to the substantial rights of
the accused have been committed during the trial;
A judgment of acquittal becomes final immediately after or
promulgation and it cannot be recalled for correction or (3) New and material evidence has been discovered.
amendment. (Sec. 2, Rule 121, Rules of Court)
In this jurisdiction, the court has ordered a new trial in

criminal cases on grounds not mentioned in the statute, such
When judgment becomeS final as the retraction of a witness, negligence or incompetency of
counsel, improvident plea of guilty, disqualification of an
attorney de officio to represent the accused in the trial court,
(1) When the period for perfecting an appeal has
and where a judgment was rendered on a stipulation of facts
lapsed;
entered into by both the prosecution and the defense. (Jose v.
(2) When the sentence has been partially or totally
CA, 1976)
satisfied or served;
(3) When the accused expressly waives in writing his
Mistakes or errors of counsel in the conduct of his case are
right to appeal; and
not grounds for new trial. This rule is the same whether the
(4) When the accused has applied for probation. (Sec.
mistakes are the result of ignorance, inexperience, or
7, Rule 120, Rules of Court)
incompetence. (U.S. v. Umali, 1910)

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If the incompetence, ignorance or inexperience of counsel is

so great and the error committed as a result thereof is so A hearing shall be conducted when the motion for new trial
serious that the client, who otherwise has a good cause, is calls for a resolution of a question of fact. The court may
prejudiced and denied his day in court, litigation may be hear evidence on the motion by affidavits or otherwise. (Sec.
reopened. (Hilario v. People, 2008) 5, Rule 121, Rules of Court)
GROUNDS FOR RECONSIDERATION

Effects of granting a new trial or reconsideration
(1) Errors of law in the judgment which requires no

further proceedings; and In all cases, the original judgment shall be set aside or
(2) Errors of fact in the judgment which also requires vacated and a new judgment shall be rendered accordingly.
no further proceedings. (Sec. 3, Rule 121, Rules of
Court) Other effects that would depend upon the ground availed of:
(1) When a new trial is granted on the grounds of
errors of law or irregularities during the trial, all
proceedings and evidence affected thereby shall be
REQUISITES FOR A NEW TRIAL ON THE GROUND OF set aside and taken anew. The court may, in the
NEWLY-DISCOVERED EVIDENCE interest of justice, allow the introduction of
additional evidence.
(2) When a new trial is granted on the ground of
(1) The evidence must have been discovered after the newly-discovered evidence, the evidence already
trial; adduced shall stand. The newly-discovered
(2) It could not have been previously discovered and evidence, together with other evidence which the
produced at the trial even with the exercise of court may allow in the interest of justice, shall be
reasonable diligence; taken and considered together with the evidence
(3) It is a new and material evidence; and already in the record. (Sec. 6, Rule 121, Rules of
- It should not be merely cumulative, Court)
corroborative or impeaching.
(4) If introduced and admitted, it would probably
change the judgment. (Sec. 2, Rule 121, Rules of
Court) Application of neypes doctrine in criminal cases
FORM OF THE MOTIONS

The Neypes rule gives the movant a fresh period of fifteen
The motion for new trial or reconsideration shall: (15) days within which to file an appeal, counted from
(1) Be in writing; and receipt of the order dismissing a motion for new trial or
(2) State the grounds on which it is based; motion for reconsideration
(3) Be given to the prosecutor through notice. (Sec. 4,
Rule 121, Rules of Court) The fresh period rule shall also apply to:
(1) Rule 40 of the Rules of Court governing appeals
If based on newly-discovered evidence, the motion must be from the Municipal Trial Courts to the Regional
supported by affidavits of witnesses by whom such evidence Trial Courts;
is expected to be given or by duly authenticated copies of (2) Rule 42 of the Rules of Court on petitions for review
documents which are proposed to be introduced in from the Regional Trial Courts to the Court of
evidence. (Sec. 4, Rule 121, Rules of Court) Appeals;
(3) Rule 43 of the Rules of Court on appeals from quasi-
WHO MAY FILE judicial agencies to the Court of Appeals; and
(4) Rule 45 of the Rules of Court governing appeals by
The accused may file a motion for new trial or motion for certiorari to the Supreme Court.
reconsideration of the judgment adverse to him. The court,
however, may also, at its own instance, grant a new trial or a The fresh period rule applies to appeals in criminal cases,
reconsideration of the judgment but with the consent of the particularly to Sec. 6, Rule 122 of the Rules of Court. (Yu v.
accused. (Sec. 1, Rule 121, Rules of Court) Tatad, 2011)
WHEN FILED
The motion for new trial or motion for reconsideration must APPEAL
be filed before the judgment of conviction becomes final or
within fifteen (15) days from promulgation of judgment.
Once the judgment becomes final, pleas for new trial or
reconsideration can no longer be entertained. (Tadeja v.
People, 2013) APPEAL
WHEN HEARING IS REQUIRED The right to appeal is not a natural right nor a part of due
process but merely a statutory privilege. As a consequence,

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the right to appeal may be exercised only in the manner and except in cases filed pursuant to E.O. Nos. 1, 2, 14 and 14-A,
in accordance with the provisions of law. (Estarija v. People, issued in 1986. (Sec. 4, R.A. 8249)
2009)
The private complainant or the offended party may file an
From a judgment convicting the accused, two appeals may appeal or a special civil action without the intervention of
accordingly be taken: the OSG but only insofar as the civil liability of the accused
(1) The accused may seek a review of said judgment, is concerned.
as regards both actions; or
(2) The complainant may appeal with respect only to
the civil action, either because the lower court has
refused or failed to award damages, or because the Effect of an appeal
award made is unsatisfactory to him.
(1) An appeal throws the case wide open for review

and the reviewing tribunal can correct errors or
WHO MAY APPEAL even reverse the trial court’s decision on grounds
other than those that the parties raised as error.
(Guy v. People, 2009)
General Rule: Any party may appeal from a judgment or final (2) When the accused appeals from a final conviction,
conviction. he waives the protection on the prohibition against
double jeopardy and runs the risk of being
Exception: When the accused will be placed in double sentenced to a penalty higher than that imposed by
jeopardy. (Sec. 1, Rule 122, Rules of Court) the trial court. (Philippine Rabbit v. People, 2004)
(3) Upon perfection of the appeal, the execution of the
Exception to the exception: When the accused himself appeals judgment or final order appealed from shall be
from a judgment of conviction, in which case he waives the stayed as to the appealing party. (Sec. 11(c), Rule
protection on the prohibition against double jeopardy. 122, Rules of Court)
(Philippine Rabbit v. People, 2004)
The benefit of the stay of execution afforded to a co-accused,
When the accused appeals from a final conviction, he runs who timely files an appeal, cannot be extended to those who
the risk of being sentenced to a penalty higher than that failed to file the same. The period to appeal shall continue to
imposed by the trial court. (Philippine Rabbit v. People, 2004) run against the accused who failed to appeal even if his co-
accused appealed. (Lubrica v. People, 2007)
If there is a dismissal of a criminal case or an acquittal of the
accused, it is only the Office of the Solicitor General (OSG) Final Judgment Final Order
that may bring an appeal before the CA or SC on the It is one which disposes of
criminal aspect representing the People. (People v. Nano, the whole subject matter or
1992) It is one which would terminates a particular
become final if no appeal is issue leaving nothing to be
In cases elevated to the Sandiganbayan and from the taken. done but to enforce by
Sandiganbayan to the SC, the Office of the Ombudsman, execution what has been
through its special prosecutor, shall represent the People, determined.
Where AND HOW to appeal
Judgment appealed from Where to appeal How to appeal Where filed

MTC, MeTC or MCTC RTC Notice of appeal With the court which rendered
the judgment or final order
appealed from and by serving
a copy thereof upon the
adverse party.
MTC, MeTC, MCTC or RTC Sandiganbayan (if the accused is With the Sandiganbayan
a government official or
employee and the act is duty-
related)
RTC (in the exercise of its CA (if it involves questions of Notice of appeal With the court which rendered
original jurisdiction) fact and of law) the judgment or final order

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appealed from and by serving

a copy thereof upon the
adverse party.
RTC (in the exercise of its CA (if it involves questions of Petition for Review under With the CA
appellate jurisdiction) fact and of law) Rule 42 of the Rules of Court
RTC (in the exercise of its SC (if it involves pure questions Petition for Review on With the SC
original jurisdiction) of law) Certiorari under Rule 45 of the
Rules of Court
CA or Sandiganbayan SC Petition for Review under With the SC

Certiorari under Rule 45 of the
Rules of Court
Neither the Constitution nor the Rules of Criminal

Procedure exclusively vests in the Supreme Court the power (1) Within five (5) days from the filing of the notice of
to hear cases on appeal in which only an error of law is appeal, the clerk of court with whom the notice of
involved (Tan v. People, 2002). appeal was filed must transmit to the clerk of court
of the appellate court the complete record of the
Error of Judgment Error of Jurisdiction case, together with the notice of appeal. The
One which the court may One which renders an original and the three (3) copies of the transcript of
commit in the exercise of order or judgment void or stenographic notes shall also be transmitted. A
its jurisdiction. voidable. copy of the transcript shall remain in the lower
court. (Sec. 8, Rule 122, Rules of Court)
It is reviewable by (2) If the appellate court is the RTC, the clerk of court
It is reviewable by appeal.
certiorari. of the RTC shall notify the parties of the receipt of
the complete record of the case, transcripts and
exhibits. (Sec. 9(b), Rule 122, Rules of Court)
(3) Within fifteen (15) days from receipt of said notice,
the parties may submit memoranda or briefs, or
may be required by the RTC to do so.
WHEN APPEAL IS TO BE TAKEN (4) The RTC shall then decide the case on the basis of
the entire records of the case and of such
memoranda or briefs as may have been filed. (Sec.
9(c), Rule 122, Rules of Court)
An appeal must be taken within fifteen (15) days from:
(1) Promulgation of judgment; or NOTE: If the case is appealed to the CA, the CA shall have
(2) Notice of the final order appealed from. the power to try cases and conduct hearings, receive
evidence and perform all acts necessary to resolve factual
This period for perfecting an appeal shall be suspended from issues raised in cases falling within its original and appellate
the time a motion for new trial or reconsideration is filed jurisdiction, including the power to grant and conduct new
until notice of the order overruling the motion has been trial and further proceedings. (Sec. 12, Rule 124, Rules of
served upon the accused or his counsel at which time the Court)
balance of the period begins to run. (Sec. 6, Rule 122, Rules of
Court) WITHDRAWAL OF APPEAL
SERVICE OF NOTICE OF APPEAL Despite the perfection of an appeal, the RTC or MTC may
allow the appellant to withdraw his appeal before the record
General Rule: Notice of appeal should be served upon the has been forwarded by the clerk of court to the proper
adverse party or his counsel by personal service. appellate court. When the appeal is withdrawn, the
judgment becomes final. (Sec. 12, Rule 122, Rules of Court)
Exceptions:
(1) If this type of service cannot be made, service may If the withdrawal is sought when the case is already on
be done by registered mail or by substituted appeal, the RTC may allow the appellant to withdraw his
service; or appeal provided:
(2) If the appellee waives his right to a notice that an (1) A motion to withdraw is filed; and
appeal has been taken. (2) The motion is filed before the RTC renders
judgment on appeal.
The appellate court may, in its discretion, entertain an
appeal notwithstanding failure to give such notice if the When the appeal is allowed to be withdrawn, the judgment
interests of justice so require. (Sec. 5, Rule 122, Rules of Court) of the court of origin will now become final and the case
shall be remanded to the court of origin for execution. (Sec.
TRANSMISSION OF THE PAPERS TO THE APPELLATE 12, Rule 122, Rules of Court)
COURT (RTC)

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Effect of appeal by any of several accused The proper course of action would be to remand these cases
to the appellate court for the conduct of an intermediate
review and not directly appeal them to the Supreme Court.
General Rule: An appeal taken by one or more of several The Court of Appeals has aptly been given the direct
accused shall not affect those who did not appeal. mandate to review factual issues. The Supreme Court , in the
exercise of its rule-making power, can grant an additional
NOTE: In such cases, as to the appealing party, the execution intermediate appeal or review in favor of the accused.
of judgment appealed from is stayed upon the perfection of (People v. Mateo, 2004)
the appeal. As to the co-accused who did not appeal, the
judgment of the trial court insofar as it relates to him
becomes final and the appellate court has no power to
interfere with it. (Salvatierra v. CA, 1996) Grounds for dismissal of appeal
Exception: Insofar as the judgment of the appellate court is

favorable and applicable to those who did not appeal or to (1) The People/State cannot appeal when it will put
those who withdrew his appeal. (People v. Gandia, 2008) the accused in double jeopardy. The constitutional
mandate against double jeopardy prohibits not
Despite the above exception, the execution of the judgment only a subsequent prosecution in a new and
or final order appealed from shall be stayed as to the independent cause but extends also to appeal in the
appealing party only. (Sec. 11(c), Rule 122, Rules of Court) same case by the prosecution after jeopardy had
attached.
APPEAL FROM THE CIVIL ASPECT (2) The prosecution cannot appeal from a judgment of
acquittal.
The appeal of the offended party from the civil aspect shall (3) Appeal from dismissal of case upon filing of
not affect the criminal aspect of the judgment or order demurrer by the accused.
appealed from. (Sec. 11 (b), Rule 122, Rules of Court) (4) Dismissal due to the mistake of the trial court
ruling that it had no jurisdiction (People v. Duran,
1960).
(5) Appeal by People to correct an imposable penalty
EFFECT OF DEATH OF AN ACCUSED PENDING THE ruled by TC or to include in a judgment a penalty
APPEAL OF HIS CONVICTION erroneously omitted is improper.
The death of the accused will extinguish his personal

criminal liability, however, his pecuniary liability can only
be extinguished when his death occurs before final SEARCH AND SEIZURE
judgment. (People v. Bayotas, 2000)
ORDER DENYING DEMURRER TO EVIDENCE SEARCH WARRANT AND SEIZURE
As a general rule, there can be no appeal or certiorari A search warrant is an order in writing issued in the name of
on the denial of the demurrer to evidence, since it is an the People of the Philippines, signed by a judge and directed
interlocutory order which does not pass judgment on the to a peace officer, commanding him to search for personal
merits of the case. However, a party can still avail of the property described therein and bring it before the court. (Sec.
remedy of certiorari if the court which denied the same 1, Rule 126, Rules of Court)
committed grave abuse of discretion amounting to lack or
excess of jurisdiction. (Macapagal-Arroyo v. Sandiganbayan, A seizure is the physical taking of a thing into custody.
2017)
Nature
AUTOMATIC APPEAL IN CRIMINAL CASES
In cases where the penalty imposed is death, reclusion The laws and rules governing a search warrant is based
perpetua or life imprisonment, appeal to the SC or CA is a upon the constitutional mandate that a search and seizure
matter of right. A review of the trial court’s judgment of must be carried out through or on the strength of a judicial
conviction is automatic and does not depend on the whims warrant predicated upon the existence of probable cause. In
of the convicted felon. It is mandatory and leaves the the absence of such warrant, the search and seizure becomes
reviewing court without any option. unreasonable. (Comerciante v. People, 2015)
A search warrant is not a criminal action nor does it

represent a commencement of a criminal prosecution. It is
INTERMEDIATE REVIEW BY COURT OF APPEALS IN not a proceeding against a person but is solely for the
CASES OF AUTOMATIC REVIEW discovery and to get possession of personal property. It is a
special and peculiar remedy, drastic in nature, and made
211
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necessary because of public necessity. (United Laboratories, NOTE: For the first two exceptions, filing in such courts
Inc. v. Isip, 2005) requires compelling reasons stated in the application.
(Pilipinas Shell Petroleum Corporation v. Romars International
Since a search warrant is not a criminal action, any Gases Corporation, 2015)
aggrieved party may question an order quashing the same
without need for the conformity of the public prosecutor. (3) The application shall be made only in the court
(Worldwide Web Corporation v. People, 2014) where the criminal action is pending, if the criminal
action has already been filed. (Sec. 2(b), Rule 126,
The Constitution requires that no warrant shall issue but Rules of Court)
upon probable cause, to be determined by the judge, and
that the warrant shall particularly describe the things to be An application for a search warrant is heard ex-parte. It is
seized. neither a trial nor part of the trial. (Santos v. Pryce Gases,
2007) It must also be under oath and may not be done in
public.
SEARCH WARRANT VIS-À-VIS ARREST WARRANT REQUISITES FOR THE ISSUANCE OF A SEARCH
WARRANT
Search Warrant Arrest Warrant (1) It must be issued upon probable cause;
Concerned with the seizure Concerned with the (2) The probable cause must be determined by the
of personal property seizure of a person so he judge himself;
subject of the offense, may be made to answer for (3) In the determination of probable cause, the judge
stolen or embezzled the commission of an must examine, under oath or affirmation, the
property, fruits of the offense. complainant and such witnesses he may produce;
offense, or those intended and
to be used to commit an (4) The warrant issued must particularly describe the
offense. place to be searched and persons or things to be
searched. (People v. Tuan, 2010)
Probable cause is the Probable cause requires
existence of sufficient facts sufficient facts that would
and circumstances to show tend to show that a crime
that particular things has been committed and Probable cause in search warrants
connected with a crime are that a particular person
found in a specific location. committed it.
Probable cause in the issuance of a search warrant means
It is valid for ten (10) days only. such facts and circumstances which would lead a reasonably
discreet and prudent man to believe that an offense has been
It is generally served in the It may be served on any committed and that objects sought in connection with the
day time, unless there be a day and at any time of the offense are in the place sought to be searched. (Century
direction in the warrant day or night. Chinese Medicine Co. v. People, 2013)
that it may be served at
any time of the day or The determination of probable cause is wholly dependent on
night. the finding of trial judges in the process of exercising their
judicial function. (World Wide Web Corporation v. People, 2014)
It does not require the It presupposes the
existence of a criminal case existence of a pending Probable cause is concerned with probability, not absolute or
and may be issued prior to criminal case that gave rise even moral certainty. The prosecution need not present at
the filing of a case. to the warrant. this stage proof beyond reasonable doubt. (Century Chinese
Medicine Co. v. People, 2013)
When a finding of probable cause for the issuance of a search

WHERE AN Application for A search warrant IS filed warrant is made by a trial judge, the finding is accorded
respect by reviewing courts, as long as there was substantial
basis for that determination. (World Wide Web Corporation v.
General Rule: An application for a search warrant shall be People, 2014)
filed before any court within whose territorial jurisdiction a
crime was committed. (Sec. 2(a), Rule 126, Rules of Court) A search warrant can only be issue upon probable cause in
connection with one specific offense.
Exceptions:
(1) The application may be made before any court The legality of a seizure can be contested only by the party
within the judicial region where the crime was whose rights have been impaired thereby. The objection to
committed if the place of the commission of the an unlawful search and seizure is purely personal and
crime is known; cannot be availed of by third parties.
(2) The application may be filed before any court
within the judicial region where the warrant shall
be enforced;
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PERSONAL examination by THE judge of the aplicant and GENERAL WARRANTS

witnesses
A general warrant is a search or arrest warrant that is not
particular as to the person to be arrested or the property to
(1) The examination must be personally conducted by be seized. It is one that allows the seizure of one thing under
the judge; a warrant describing another and gives the officer executing
(2) The examination must be in the form of searching the warrant the discretion over which items to take,
questions and answers; (Worldwide Web Corporation v. People, 2014)
(3) The complainant and the witnesses shall be
examined on those facts personally known to them; A general warrant is not valid as it infringes on the
(4) The statements must be in writing and under oath; constitutional mandate requiring a particular description of
and the things to be seized. (Sec. 2, Art. III, 1987 Constitution)
(5) The sworn statements of the complainant and the
witnesses, together with the affidavits submitted,
shall be attached to the record. (Sec. 5, Rule 126,
TEST TO DETERMINE PARTICULARITY
Rules of Court)
The applicant or his witnesses must have personal (1) Whether the description therein is as specific as the
knowledge of the circumstances surrounding the circumstances will ordinarily allow;
commission of the offense being complained of. “Reliable (2) Whether the description expresses a conclusion of
information” is insufficient. Mere affidavits are not enough, fact which the warrant officer may be guided in
and the judge must depose in writing the complainant and making the search and seizure;
his witnesses. (Yao, Sr. v. People, 2007) (3) Whether the things described are limited to those
which bear direct relation to the offense for which
A deposition taken by Deputy Clerk of Court does not the warrant is being issued.
comply with the requirement. (Bache & Co. Phil. Inc. v. Ruiz,
1971) The executing officer’s prior knowledge as to the place
intended in the search warrant is relevant. (Yao, Sr. v. People,
The examination must be probing and exhaustive, not 2007)
merely routinary, general, peripheral, perfunctory or pro
forma. (Yao, Sr. v. People, 2007)
TIME OF MAKING SEARCH
Particularity of THE place OR PERSON to be searched AND

General Rule: A search warrant must be served in the day
THE ITEMS TO BE SEIZED time.
Exception: A search may be made at any time of the day or

The Rules do not require that the search warrant must name
night when it is positively asserted in the affidavit that the
the person who occupies the described premises. The search
property is on the person or in the place ordered to be
warrant is issued for the search of specifically described
searched. (Alvares v. CFI of Tayabas, 1937)
premises only and not for the search of a person. The failure
to name the owner or occupant of the property does not
invalidate the warrant. (Quelnan v. People. 2007)
DURATION OF THE VALIDITY OF A SEARCH
The place to be searched cannot be changed, enlarged nor WARRANT
amplified by the police. (Al-Ghoul v. CA, 2001)
The purpose of the rule requiring a particular description of A search warrant shall be valid for ten (10) days from its
the things to be searched is to limit the things to be seized to date. Thereafter, it shall be void. (Sec. 10, Rule 126, Rules of
those described in the search warrant and to leave the Court)
officers of the law no discretion regarding what articles they
shall seize. (Uy Kheytin v. Villareal, 1920) A search warrant cannot be used every day of said period
and once articles have already been seized under the
Warrants which do not describe the things to be seized with warrant, it cannot be used again for another search and
the required particularity are called general warrants. seizure, except when the search conducted on one day was
interrupted, in which case the same may be continued under
The particularity of the description of the place to be the same warrant the following day if not beyond the ten
searched and the things to be seized is required “wherever (10) day period. (Uy Kheytin v. Villareal, 1920)
and whenever it is feasible.” A search warrant need not
describe the items to be seized in precise and minute detail.
(World Wide Web Corporation v. People, 2014)
MANNER OF MAKING SEARCH
The use of a generic term or a general description in a
warrant is allowed only when a more specific description of General Rule: The search shall be made in the presence of the
the things to be seized is not available. (Uy v. BIR, 2000) lawful occupant of the house, room or any other premises, or
any member of the lawful occupant’s family.
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doctrine);
Exception: In their absence, the search shall be made in the (3) Search of a moving vehicle (Carroll doctrine);
presence of two (2) witnesses of sufficient age and discretion (4) Consented warrantless search;
residing in the same locality. (5) Customs search;
(6) Stop and frisk (Terry searches);
The officer seizing the property must give a detailed receipt (7) Exigent and emergency circumstances;
for the same to the lawful occupant of the premises in whose (8) Search of vessels and aircraft; and
presence the search and seizure were made, or in the (9) Inspection of buildings and other premises for the
absence of such occupant, must, in the presence of at least enforcement of fire, sanitary and building
two (2) witnesses of sufficient age and discretion residing in regulations. (People v. Vasquez, 2014)
the same locality, leave a receipt in the place in which he
found the seized property. (Sec. 11, Rule 126, Rules of Court) In the abovementioned exception, what constitutes a
reasonable or unreasonable search or seizure is purely a
The officer may break open any outer or inner door or judicial question, determinable from the uniqueness of the
window of a house or any part of a house or anything circumstance involved. (Valeroso v. CA, 2009)
therein, if:
(1) The officer gives notice of his purpose and
authority;
(2) He is refused admittance to the place of directed SEARCH INCIDENTAL TO A LAWFUL ARREST
search despite notice;
(3) The purpose is to execute the warrant or to liberate Requisites:
himself or any person lawfully aiding him when (1) The arrest must be lawful;
unlawfully detained. (Sec. 7, Rule 126, Rules of (2) The search and seizure must precede a valid arrest;
Court) and
(3) The search must be within the permissible area;
A public officer or employee who exceeds his authority or
uses unnecessary severity in executing the warrant is liable The search-incidental-to-a-lawful-arrest exception applies
under Art. 129 of the RPC (search warrants maliciously obtained when a person who is lawfully arrested may be searched for:
and abuse in the service of those legally obtained). (1) Dangerous weapons;
(1) Anything which may have been used in the
commission of an offense; or
(2) Anything which constitute proof in the commission
PERSONAL PROPERTY TO BE SEIZED of an offense.
There must be a valid search and seizure pursuant to an

The property subject of a search warrant is personal
equally valid arrest, which must precede the search. For this
property and not real property. A search warrant may be
issued for the search and seizure of the following: purpose, the law requires that there be first a lawful arrest
before a search can be made – the process cannot be
(1) Personal property subject of the offense;
reversed. (Omar v. People, 2015)
(2) Personal property stolen or embezzled and other
proceeds, or fruits of the offense; or
The purpose of this rule is to protect the law enforcers from
(3) Personal property used or intended to be used as a
means of committing an offense. (Sec. 3, Rule 126, injury that may be inflicted on them by a person they have
Rules of Court) lawfully arrested and to prevent evidence being destroyed
by the arrestee. (People v. Calantiao, 2014)
The law does not require that the property to be seized
A motorist flagged down by a policeman for not wearing a
should be owned by the person against whom the search
warrant is directed. Ownership is of no consequence, it helmet is not deemed arrested since he was only given a
being sufficient that the person against whom the warrant is traffic citation and the penalty for the ordinance is only a
fine. Hence the subsequent search of the motorcyclist was
directed has control and possession of the property sough to
illegal and the items seized were inadmissible in evidence.
be seized. (Yao, Sr. v. People, 2007)
(Luz v. People, 2012)
In a buy-bust operation conducted to entrap a drug pusher,

EXCEPTIONS TO THE SEARCH WARRANT law enforcement agents may seize the marked money found
on the person of the pusher immediately after the arrest
REQUIREMENT
even without arrest and search warrants. (People v. Musa,
1993)
General Rule: The procurement of a search warrant is
required before a law enforcer can validly search or seize the A search and seizure incidental to a lawful arrest is not
person, house, papers, or effects of any individual; limited to things related to the reason for the arrest. If, in the
otherwise, such search and seizure becomes unreasonable. course of the search, evidence is found constituting proof of
another offense, the tenor of the rule, as stated, does not
Exceptions: prevent the seizure of the evidence.
In times of war within the area of military operation;
(1) Warrantless search incidental to a lawful arrest; The warrantless search must be made either on the person of
(2) Search of evidence in plain view (plain view the person arrested or within the permissible area within the
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latter’s reach, or within the area of his immediate control. such would be permissible only if the officers made it upon
(Valeroso v. CA, 2009) probable cause. (People v. Libnao, 2003)
Checkpoints are not illegal per se. Under exceptional

circumstances, as where the survival of organized
PLAIN VIEW DOCTRINE government is on the balance, or where the lives and safety
of the people are in grave peril, checkpoints may be allowed
Under the plain view doctrine, objects falling in the plain and installed by the government. (Valmonte v. De Villa, 1990)
view of an officer who has a right to be in the position to
have that view are subject to seizure and may be presented Searches conducted in checkpoints are valid for as long as
as evidence. they are warranted by exigencies of public order and are
conducted in a way least intrusive to motorists. (People v.
Requisites: Vinecario, 2004)
(1) The law enforcement officer in search of the
evidence has a prior justification for an intrusion or
is in a position from which he can view a particular
CONSENTED WARRANTLESS SEARCH
area;
(2) The discovery of the evidence in plain view is
inadvertent; and Requisites:
(3) It is immediately apparent to the officer that the (1) The right against obtrusive searches must exist;
item he observes may be evidence of a crime, (2) The person involved had knowledge of the
contraband or otherwise subject to seizure. (Abelita existence of such right; and
III v. Doria, 2009) (3) The said person had an actual intention to
relinquish the right. (People v. Nuevas, 2007)
The requirement of inadvertence means that the officer must
not have known in advance of the location of the evidence Consent to a search must be shown by clear and convincing
and discovery is not anticipated. (United Laboratories v. Isip, evidence. It is the State which has the burden of proving, by
2005) clear and positive testimony, that the necessary consent was
obtained and that it was freely and voluntarily given. (Valdez
The plain view doctrine does not apply where the police v. People, 2007)
officers did not just accidentally discover the evidence but
actually searched for it. (Valeroso v. CA, 2009)
“Plain view” justifies mere seizure of evidence without STOP AND FRISK
further search. (People v. Aruta, 1998)
A valid “stop” by an officer requires that he has a reasonable
An object is in plain view if it is plainly exposed to sight. and articulable belief that criminal activity has happened or
People v. Nuevas, 2007) is about to happen.
To be immediately apparent, the rule does not require an The “frisk” made after the “stop” must be done because of a
unduly high degree of certainty as to the incriminating reasonable belief that the person stopped is in possession of
character of the evidence. It requires merely that the seizure a weapon that will pose a danger to the officer and others. It
be presumptively reasonable assuming that there is probable must be a mere pat down outside the person’s outer garment
cause to associate the property with criminal activity; that a and not unreasonably intrusive.
nexus exists between a viewed object and criminal activity.
(United Laboratories v. Isip, 2005)
The plain view doctrine may not be used to extend a general OTHER SEARCHES
exploratory search from one object to another until
something incriminating at last emerges. (Valeroso v. CA,
A canine/dog sniff test by a police dog specially trained to
2009)
detect the presence of drugs is not considered a “search” as
it is intended to reveal only the presence or absence of drugs
and, thus, a warrant is generally not required. (U.S. v. Place,
SEARCH OF MOVING VEHICLES 1983)
The use of a thermal imaging device or a device that is not in

Warrantless search of a moving vehicle is justified on the general public use, to explore details of a private home that
ground that it is not practicable to secure a warrant because would previously have been unknowable without physical
the vehicle can be quickly moved out of the locality or intrusion, is considered a “search” and is presumptively
jurisdiction in which the warrant must be sought. (People v. unreasonable without a warrant. (Kyllo v. U.S., 2001)
Tuazon, 2007)
DUTIES AND LIABILITIES OF OFFICERS
Peace officers are limited only to routine checks where the
examination of a vehicle is limited to visual inspection. (1) The officer making the search shall:
When a vehicle is stopped and subject to extensive search, a. Deliver the property seized to the judge
who issued the warrant; and
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b. Together with the delivery of the

property, also deliver a duly verified Officers of certain corporations, from which documents,
inventory under oath of the property papers and things were seized by means of search warrants,
seized. (Sec. 12(a), Rule 126, Rules of have no cause of action to assail the legality of the seizures
Court) because said corporations have personalities distinct and
(2) The judge issuing the search warrant shall separate from those of said officers.
a. Ascertain if the return has been made
within ten (10) days after the issuance The legality of the search warrant should be addressed to the
thereof; court issuing the search warrant and not to any other court
b. If no return has been made, summon the to foster judicial stability. (Pagkalinawan v. Gomez, 1967)
person to whom the warrant was issued
and require him to explain why no return
was made;
c. If the return has been made, ascertain REMEDIES FROM UNLAWFUL SEARCH AND SEIZURE
whether Sec. 11, Rule 126 of the Rules of
Court (giving of a receipt for the property
seized) was complied with and require (1) Resist the search;
that the property be delivered to him. He (2) File a criminal action against the public officer or
must also ascertain that Sec. 12(a), Rule employee as he is criminally liable under Art. 129
126 of the Rules of Court (delivery of the of the RPC (search warrants maliciously obtained and
property seized and true inventory) has abuse in the service of those legally obtained);
been complied with. (Sec. 12(b), Rule 126, (3) File a motion to quash the search warrant;
Rules of Court) (4) File a motion to suppress the evidence;
(3) The custodian of the log book on search warrants (5) File a motion to return the seized items; or
shall: (6) File for replevin, if the items are legally possessed.
a. File and keep the return on the search
warrant in the log book on search
warrants; and
b. Enter therein the date of the return, the PROVISIONAL REMEDIES
result, and other actions of the judge.
A violation of the officer or of the custodian to comply with

the above rules shall constitute contempt of court. (Sec. 12, NATURE
If the judge fails to require the officers executing the warrant Provisional remedies in civil actions, insofar as they are
to make an accurate and complete inventory of the things applicable, may be availed of in connection with the civil
seized and to submit the same to him, he shall be considered action deemed instituted with the criminal action. (Sec. 1,
guilty of gross ignorance of the law. (Betoy v. Coliflores, 2006) Rule 127, Rules of Court)
EFFECT OF AN ILLEGAL SEARCH AND SEIZURE NOTE: As a rule, when a criminal action is instituted, the
civil action for the recovery of the civil liability arising from
the offense charged shall be deemed instituted with the
criminal action, except when there is a reservation, waiver,
If the evidence is obtained through an unlawful search, the or filing of a separate civil action. Since there is a civil action
seized item is inadmissible in evidence against the accused. that goes with the criminal action, provisional remedies may
(Villanueva v. People, 2014) be availed of in connection with the civil action.
The illegality of a search and seizure occurs, not only from To avail of a provisional remedy in a criminal action:
the failure to obtain a warrant when required, but also from (1) It must be one with a corresponding civil liability;
the failure to comply with the procedures for obtaining a (2) The civil action must be one arising from the
warrant and in the execution of the same. Such failure will offense charged; and
result in the application of the exclusionary rule. (3) The civil action must be instituted in the said
criminal action.
The exclusionary rule prevents, upon motion or objection, the
admission of evidence illegally obtained. The evidence
procured on the occasion of an unreasonable search and
seizure is deemed tainted for being a fruit of the poisonous WHEN NOT AVAILABLE
tree, thus must be excluded as evidence.
(1) The offended party has waived the civil claim;
Violations of the Miranda rights render the evidence (2) The offended party has reserved the civil claim;
obtained inadmissible. (3) The offended party has already instituted a
separate civil action; or
NOTE: Waiver of an illegal warrantless arrest does not carry (4) The criminal action carries with it no civil liability.
with it a waiver of the inadmissibility of evidence seized
during an illegal warrantless arrest.
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If the civil action has been waived, reserved or instituted fiduciary capacity, or for a willful violation of duty;
separately, the provisional remedy should be applied for in (3) When the accused has concealed, removed, or
the separate civil action instituted. disposed of his property, or is about to do so; and
(4) When the accused resides outside the Philippines.
KINDS OF PROVISIONAL REMEDIES When the preliminary attachment is based on a claim for
money or property embezzled or fraudulently misapplied or
converted to the use of the accused, there is no need to show
(1) Attachment that the accused has concealed, removed, or disposed of his
(2) Preliminary injunction property or is about to do so. Instead, it must be shown that:
(3) Receivership (1) The criminal case is founded upon a claim that
(4) Replevin money or property was embezzled, fraudulently
(5) Support pendent lite misapplied or converted to the use of the accused;
and
(2) The accused occupies any of the positions
PRELIMINARY ATTACHMENT mentioned in Sec. 2, Rule 127 of the Rules of Court
or that he committed a willful violation of duty.
Preliminary attachment is available when the civil action is
properly instituted in the criminal action and:
(1) When the accused is about to abscond from the
Philippines;
(2) When the criminal action is based on a claim for
money or property embezzled or fraudulently
misapplied or converted to the use of the accused
who is a public officer, officer of a corporation,
attorney, factor, broker, or by any other person in a
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FLOWCHARTS OF CRIMINAL PROCEDURE
Commission of a crime
Warrantless arrest Search and seizure Filing of a complaint
Inquest Filing of information Preliminary investigation
Quashal, amendment or
substitution of
information
Application for bail Arrest with warrant
Arraignment and plea
Pre-trial
Trial
Promulgation of
Acquittal Conviction
judgment
New Trial or
Reconsideration
Appeal
Execution of judgment
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ARREST WITH WARRANT
Preliminary investigation
No probable cause There is probable cause

Finding of probable cause
Request additional
Dismiss information Issue arrest warrant
evidence
Arrest
ARREST WITHOUT WARRANT
Arrest without warrant
No waiver of Art. 125 of Search and seizure Waiver of Art. 125 of the
the RPC incidental to a lawful RPC
warrantless arrest
Inquest Preliminary investigation
No probable cause Finding of probable cause There is probable cause
Dismiss complaint File information
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ARRAIGNMENT AND PLEA
Arraignment and plea
Plea of not guilty Plea of guilty
Pre-trial Not a capital offense Capital offense
Mediation
Receipt of evidence to Searching inquiry on the
determine penalty to be voluntariness and full
Trial imposed comprehension of plea
Promulgation of Prosecution to present

judgment evidence on guilt and
precise degree of
culpability
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TRIAL
Prosecution’s formal offer

of evidence
Defense’ comment to
formal offer
Judge denies or grants the

formal offer
Prosecution rests its case
Defense’ formal offer of

evidence
Prosecution’s comment to
formal offer
Judge denies or grants the

formal offer
Defense rests its case
Rebuttal by the defense
Sur-rebuttal by the
prosecution
Case submitted for

decision on the merits
Decision or judgment
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TRIAL TO EXECUTION OF JUDGMENT
Trial
Not guilty Promulgation of Guilty

judgment
Motion for new trial or

reconsideration under
Rule 121
Appeal by Certiorari Appeal under Rule 122
under Rule 65 (civil aspect only)
Appeal by Certiorari
Appeal under Rule 122 Extraordinary remedies
under Rule 65
Execution of judgment
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GENERAL PRINCIPLES
Concept of Evidence
Evidence is the means, sanctioned by these rules, of

ascertaining in a judicial proceeding the truth respecting a
matter of fact. (Sec. 1, Rule 128, Rules of Court)
Scope of the Rules of Evidence
The rules of evidence shall be the same in all courts and in all
trials and hearings, except as otherwise provided by law or
these rules. (Sec. 2, Rule 128)
General rule: The Principle of Uniformity

The Rules of evidence shall be the same in all courts and in all
trials and hearings
Exceptions: Administrative or Quasi-Judicial Proceedings
In administrative proceedings, such as those before the BOC,

EVIDENCE technical rules of procedure and evidence are not strictly
applied and administrative due process cannot be fully
equated with due process in its strict judicial sense. (El Greco
Ship Maning and Management Corporation v. Commissioner of
Customs, 2008)
Evidence In Civil Cases versus Evidence In Criminal Cases
Civil Cases Criminal Cases

Preponderance of Beyond Reasonable
Quantum of
Evidence (Sec.1, Doubt (Sec.2, Rule
Proof
Rule 133) 133)
Except those
involving quasi
Not an admission offenses or those
Offer of
of liability, and is allowed by law to
Compromise
not admissible in be compromised,
(Sec. 27, Rule
evidence against such may be
130)
the offeror received in evidence
as an implied
admission of guilt
Accused enjoys
Not apply unless such presumption
Presumption
specifically (Sec. 14, Art. III,
of Innocence
provided by law Constitution of the
Philippines)
Proof versus Evidence
Proof Evidence
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the means, sanctioned Test:

Merely the probative effect (1) W/N the fact it intends to prove is an issue or not.
by these rules, of
of evidence and is the (2) W/N a fact is in issue: Determined by substantive law,
ascertaining in a judicial
conviction or persuasion of pleadings, pre-trial order and by admissions or
proceeding the truth
the mind resulting from a confessions on file.
respecting a matter of
consideration of the evidence (3) Evidence may be relevant BUT may be immaterial.
fact (Sec.1, Rule 128,
(29 Am Jur 2d, Evidence, S2)
RoC)
the effect or result of Competent- one that is not excluded by the Rules, statutes or
Medium of proof the Constitution. (Sec 3, Rule 128)
evidence
Relevance of Evidence and Collateral Matters
Factum Probans And Factum Probandum

Relevance is a matter of relationship between the evidence
Factum Probans Factum Probandum and the fact in issue. (Riano)
The evidentiary fact or the Ultimate fact or the fact
fact by which the factum sought to be established “There is no precise and universal test of relevancy provided
probandum is to be by law. However, the determination of whether particular
established. evidence is relevant rests largely at the discretion of the court,
Refers to the materials Refers to the proposition ; which must be exercised according to the teachings of logic
which established the Elements of the cause of and everyday experience” (People v. Galleno, 1998)
proposition action
Ex. If P claims to have been injured by the negligence of D Collateral Matters

who denies having been negligent. A matter is collateral when it is on a “parallel or diverging
Factum probandum: The negligence of D and the line,” merely “additional” or “auxiliary” (Black’s Law
causal connection between such negligence, and the Dictionary, 5th Ed., p. 237)
injuries of P taken as a whole
Factum probans: The totality of the evidence to prove General Rule: Collateral Matters are not allowed
the liability Exception: When it tends in any reasonable degree to
establish the probability or improbability of the fact in issue.
(Sec. 4, Rule 128)
ADMISSIBILITY OF EVIDENCE Types of Admissibility
Evidence is admissible when it is relevant to the issue and is

not excluded by the law or these rules. 1. Multiple admissibility
- Admissible for 2 or more purposes.
- May mean either:
Requisites For Admissibility of Evidence o The evidence is admissible for
several purposes; or
(1) Evidence is relevant; and o An evidence is not admissible for
(2) Evidence is competent or not excluded by the rules one purpose but may be admitted
for a different purpose
2. Conditional admissibility
- Admissibility of evidence, where the evidence
at the time of its offer appears to be immaterial
Relevant, Material, and Competent Evidence or irrelevant, subject to the condition that
relevancy would later on be shown.
Relevant - evidence having any value in reason as tending to - Qualification: No bad faith on the part of the
prove any matter provable in an action. proponent
Test: The logical relation of the evidentiary fact to the fact in 3. Curative admissibility
issue, whether the former tends to establish the probability or - Admissibility of an inadmissible evidence to
improbability of the latter or induces belief in its existence or
answer the opposing party’s previous
non-existence introduction of inadmissible evidence if it
would remove any unfair prejudice caused by
Material- evidence directed to prove a fact in issue as the admission of the earlier inadmissible
determined by the rules of substantive law and pleadings. evidence.
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- The right of the party to introduce Burden of Proof Burden of Evidence

incompetent evidence in his behalf where the exactly where the
court has admitted the same kind of evidence original pleadings
adduced by the adverse party. placed it.
Generally determined by the
developments of the trial, or by
Generally the provisions of substantive law
Direct and Circumstantial Evidence determined by the or procedural rules which may
pleadings filed by relieve the party from presenting
Direct Evidence Circumstantial Evidence the party. evidence on the facts alleged. (ex.
Proves a fact Evidence which indirectly proves a Presumptions, judicial notice)
without a need to fact in issue through an inference
make an which the fact finder draws from Upon Whom Burden of Proof Rests:
inference from the evidence established (People v. Civil Cases Criminal
another fact Matito, GR No. 144405, February 24, Cases
2004) The burden
of proof is
On the party who would be defeated if
always
no evidence were given on either side.
with the
prosecution
Positive and Negative Evidence Has the burden of proof to Note: It is
show the truth of his required
Positive Evidence Negative Evidence
allegations if the defendant that courts
When witness affirms in When the witness states Plaintiff
raises a negative defense. determine
the stand that a certain that an event did not occur (w/ respect to his first if the
state of facts does exist or or that the state of facts complaint) evidence of
that a certain event alleged to exist does not Has the burden of proof if the
happened actually exist he raises an affirmative prosecution
Presence of something Absence of something defense on the complaint has at least
Defendant shown a
of the plaintiff.
Positive evidence is, as a general rule, more credible than (w/ respect to his prima facie
negative evidence. The reason for this rule is that the witness counterclaim) case before
who testifies to a negative may have forgotten what actually w/ respect to his cross considering
occurred, while it is impossible to remember what never claim the
existed. (Gomez v. Gomez- Samson, GR No. 156284, 2007) evidence of
the
defense.
*If
Competence and Credible Evidence Cross established
Claimant – then the
Competency Credibility
burden is
Not excluded by the Rules, statutes Worthiness of
shifted
or the Constitution belief
upon the
accused to
prove
otherwise
Burden of Evidence - The logical necessity on a party during

a particular time of the trial to create a prima facie case in its
BURDEN OF PROOF AND BURDEN OF favor or to destroy that created against him by presenting
evidence.
EVIDENCE
In BOTH civil and criminal cases: The burden of evidence
lies w/ the party who asserts an affirmative allegation.
Burden of Proof or “onus probandi”, defined: Obligation
imposed upon a party who alleges the existence of facts
Civil Cases Criminal Cases
necessary for the prosecution of his action or defense to
Plaintiff Prosection
establish the same by the requisite quantum of evidence.
Must prove the Must prove the its affirmative
Proof - The establishment of a requisite degree of belief in affirmative allegations in the indictments
the mind of the trier of fact as to the fact in issue. allegations in his (elements of the crime and the
complaint attending circumstances)
Burden of Proof Burden of Evidence Defendant Defense
In his
Does not shift and Shifts from party to party As to the justifying, exempting,
counterclaim and
remains throughout depending upon the exigencies of mitigating, and absolutory
in his affirmative
the entire case the case in the course of the trial circumstances
defenses
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PRESUMPTIONS (a) That a person is innocent of crime or wrong;

(b) That an unlawful act was done with an unlawful intent;
Presumption - An inference as to the existence or non- (c) That a person intends the ordinary consequences of his
existence of a fact which courts are permitted to draw from voluntary act;
the proof of other facts. (d) That a person take ordinary care of his concerns;
(e) That evidence willfully suppressed would be adverse if
Note: The basic facts constituting a presumption must first produced;
be proved. Otherwise, the presumption does not arise. In the (f) That money paid by one to another was due to the latter;
latter case, it is then incumbent upon the party who has (g) That a thing delivered by one to another belonged to the
failed to prove these facts to present competent evidence to latter;
establish his allegations. (h) That an obligation delivered up to the debtor has been
paid;
A presumption shifts the burden of going forward with the (i) That prior rents or installments had been paid when a
evidence. It imposes on the party against whom it is receipt for the later ones is produced;
directed the burden of going forward with evidence to meet (j) That a person found in possession of a thing taken in the
or rebut the presumption. doing of a recent wrongful act is the taker and the doer
of the whole act; otherwise, that things which a person
possesses, or exercises acts of ownership over, are
owned by him;
Conclusive Presumption (k) That a person in possession of an order on himself for
the payment of the money, or the delivery of anything,
The following are instances of conclusive presumptions: has paid the money or delivered the thing accordingly;
(a) Whenever a party has, by his own declaration, act, or (l) That a person acting in a public office was regularly
omission, intentionally and deliberately led another to appointed or elected to it;
believe a particular thing true, and to act upon such (m) That official duty has been regularly performed;
belief, he cannot, in any litigation arising out of such
(n) That a court, or judge acting as such, whether in the
declaration, act or omission, be permitted to falsify it: Philippines or elsewhere, was acting in the lawful
The tenant is not permitted to deny the title of his landlord exercise of jurisdiction;
at the time of the commencement of the relation of landlord (o) That all the matters within an issue raised in a case were
and tenant between them. laid before the court and passed upon by it; and in like
manner that all matters within an issue raised in a
Conclusive Presumptions may either be:
dispute submitted for arbitration were laid before the
(1) Estoppel in Pais
arbitrators and passed upon by them;
(2) Estoppel by Deed
(p) That private transactions have been fair and regular;
(q) That the ordinary course of business has been followed;
ESTOPPEL IN PAIS (r) That there was a sufficient consideration for a contract;
Whenever a party has, by his own declaration, act, or
(s) That a negotiable instrument was given or indorsed for
omission, intentionally and deliberately led another to believe a sufficient consideration;
a particular thing true, and to act upon such belief, he cannot, (t) That an indorsement of a negotiable instrument was
in any litigation arising out of such declaration, act or made before the instrument was overdue and at the
omission, be permitted to falsify it (Sec. 2(a), Rule 131) place where the instrument is dated;
(u) That a writing is truly dated;
ESTOPPEL BY DEED
(v) That a letter duly directed and mailed was received in
The tenant is not permitted to deny the title of his landlord at the regular course of the mail;
the time of the commencement of the relation of landlord and (w) That after an absence of seven years, it being unknown
tenant between them whether or not the absentee still lives, he is considered
dead for all purposes, except for those of succession.
The tenant is estopped from asserting a better title not only in
himself but also in some third person including the State. The absentee shall not be considered dead for the
(Borre v. CA, 1988) purpose of opening his succession till after an absence of
ten years. If he disappeared after the age of seventy-five
This estoppel applies even though the lessor had no title at years, an absence of five years shall be sufficient in order
the time the relation of [the] lessor and [the] lessee was
that his succession may be opened.
created, and may be asserted not only by the original lessor,
but also by those who succeed to his title." Once a contact of The following shall be considered dead for all purposes
lease is shown to exist between the parties, the lessee cannot including the division of the estate among the heirs:
by any proof, however strong, overturn the conclusive (1) A person on board a vessel lost during a sea
presumption that the lessor has a valid title to or a better right
voyage, or an aircraft which is missing, who has not
of possession to the subject premises than the lessee (Samelo v.
been heard of for four years since the loss of the
Manotok Services, Inc., 2012) vessel or aircraft;
(2) A member of the armed forces who has taken part
in armed hostilities, and has been missing for four
Disputable Presumptions years;
(3) A person who has been in danger of death under
The following presumptions are satisfactory if other circumstances and whose existence has not
uncontradicted, but may be contradicted and overcome by been known for four years;
other evidence: (4) If a married person has been absent for four
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consecutive years, the spouse present may contract battle, or conflagration, and it is not shown who died
a subsequent marriage if he or she has a well- first, and there are no particular circumstances from
founded belief that the absent spouse is already which it can be inferred, the survivorship is determined
dead. In case of disappearance, where there is from the probabilities resulting from the strength and
danger of death under the circumstances age of the sexes, according to the following rules:
hereinabove provided an absence of only two years (1) If both were under the age of fifteen years, the older
shall be sufficient for the purpose of contracting a is deemed to have survived;
subsequent marriage. However, in any case, before (2) If both were above the age of sixty, the younger is
marrying again, the spouse present must institute a deemed to have survived;
summary proceeding as provided in the Family (3) If one is under fifteen and the other above sixty, the
Code and in the rules for a declaration of former is deemed to have survived;
presumptive death of the absentee, without (4) If both be over fifteen and under sixty, and the sex
prejudice to the effect of reappearance of the absent be different, the male is deemed to have survived;
spouse. if the sex be the same, the older;
(x) That acquiescence resulted from a belief that the thing (5) If one be under fifteen or over sixty, and the other
acquiesced in was conformable to the law or fact; between those ages, the latter is deemed to have
(y) That things have happened according to the ordinary survived.
course of nature and the ordinary habits of life; (kk) That if there is a doubt, as between two or more persons
(z) That persons acting as copartners have entered into a who are called to succeed each other, as to which of them
contract of co-partnership; died first, whoever alleges the death of one prior to the
(aa) That a man and woman deporting themselves as other, shall prove the same; in the absence of proof, they
husband and wife have entered into a lawful contract of shall be considered to have died at the same time. (Sec.
marriage; 3, Rule 131, Rules of Court)
(bb) That property acquired by a man and woman who are
capacitated to marry each other and who live exclusively
PRESUMPTION OF LEGITIMACY OR ILLEGITIMACY
with each other as husband and wife without the benefit
OF A CHILD
of marriage or under a void marriage, has been obtained
by their joint efforts, work or industry.
(cc) That in cases of cohabitation by a man and a woman who There is no presumption of legitimacy or illegitimacy of a
are not capacitated to marry each other and who have child born after three hundred days following the
acquired property through their actual joint contribution dissolution of the marriage or the separation of the spouses.
of money, property or industry, such contributions and Whoever alleges the legitimacy or illegitimacy of such child
their corresponding shares including joint deposits of must prove his allegation. (Sec. 4, Rule 131, Rules of Court)
money and evidences of credit are equal.
(dd) That if the marriage is terminated and the mother
contracted another marriage within three hundred days
after such termination of the former marriage, these
rules shall govern in the absence of proof to the contrary:
LIBERAL CONSTRUCTION OF RULES OF
(1) A child born before one hundred eighty days after
the solemnization of the subsequent marriage is EVIDENCE
considered to have been conceived during the
former marriage, provided it be born within three The Rules of Court shall be liberally construed, among such
hundred days after the termination of the former rules are:
marriage; 1) the RULES ON EVIDENCE (Sec. 6, Rule 1, Rules of
(2) A child born after one hundred eighty days follow- Court);
ing the celebration of the subsequent marriage is 2) the RULES ON ELECTRONIC EVIDENCE (Sec.
considered to have been conceived during such 2, Rule 2, Rules on Electronic Evidence)
marriage, even though it be born within the three
hundred days after the termination of the former The Rules of Procedure are mere tools intended to facilitate
marriage. rather than to frustrate the attainment of justice. A strict and
(ee) That a thing once proved to exist continues as long as is rigid application of the rules must always be avoided if it
usual with things of that nature; would subvert their primary objective of enhancing
(ff) That the law has been obeyed; substantial justice. (Alcantara v. PCIB, 2010)
(gg) That a printed or published book, purporting to be
printed or published by public authority, was so printed However, to justify relaxation of rules, a satisfactory
or published; explanation and a subsequent fulfillment of the requirements
(hh) That a printed or published book, purporting to contain have always been required. (Barcena v. Tomas, 2005)
reports of cases adjudged in tribunals of the country
where the book is published, contains correct reports of
such cases;
(ii) That a trustee or other person whose duty it was to QUANTUM OF EVIDENCE
convey real property to a particular person has actually
(Weight and Sufficiency of Evidence)
conveyed it to him when such presumption is necessary
to perfect the title of such person or his successor in
interest;
(jj) That except for purposes of succession, when two
persons perish in the same calamity, such as wreck,
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WEIGHT OF EVIDENCE
It is the probative value given by the court to particular
evidence admitted to prove a fact in issue. SUBSTANTIAL EVIDENCE
Substantial evidence is defined as such amount of relevant
SUFFICIENCY OF EVIDENCE
evidence which a reasonable mind might accept as adequate
In determining the sufficiency of evidence, what matters is
to justify a conclusion. (Travelaire & Tours Corp. v. NLRC and
not the number of witnesses but the credibility and the nature
Medelyn, 1998)
and quality of their testimonies. The testimony of a lone
witness is sufficient to support a conviction if found positive
and credible. (Ceniza-Manantan v. People, 2007)
CLEAR AND CONVINCING EVIDENCE
ALIBI
Evidence which produces in the mind of the trier of fact firm
It is a defense where an accused claim that somewhere else at
belief or conviction as to allegations sought to be
the time of the commission of the offense. It is one of the
established(Black’s Law Dictionary, 5th Ed., p. 227)
weakest defenses an accused may avail because of the facility
with which it can be fabricated, just like a mere denial. When
Intermediate than preponderance, but not to the extent of
this is the defense of the accused, it must be established by
such certainty as is required by beyond reasonable doubt as
clear and satisfactory evidence. (People v. Estrada, 2003)
in criminal cases. (Riano)
Not all denials and alibis should be regarded as fabricated—
indeed, if the accused is truly innocent, he can have no other
defense but denial and alibi. A positive declaration from a
witness that he saw the accused commit the crime should not JUDICIAL NOTICE AND JUDICIAL
automatically cancel out the accused’s claim that he did not ADMISSIONS
do it. (Lejano v. People, 2010)
CIRCUMSTANTIAL EVIDENCE
Circumstantial evidence is sufficient for conviction if:
(1) There are more than one circumstances;
(2) The facts from which the inferences are derived are What Need Not Be Proved
proven; and
(1) Facts which a court shall or may take judicial notice.
(3) The combination of all the circumstance is such as
(Secs. 1 and 2, Rule 129, ROC)
to produce a conviction beyond reasonable doubt.
(2) Judicial admissions. (Sec. 4, Rule 129, ROC)
(3) Facts which may be presumed from proven facts.
The corollary rule is that the circumstances proven must
constitute an unbroken chain which leads to one reasonable
conclusion pointing to the accused, to the exclusion of all
others, as the guilty person. (Trinidad v. People, 2012) Matters of Judicial Notice
EXTRAJUDICIAL CONFESSION NOT SUFFICIENT Judicial Notice – the cognizance of certain facts which judges
GROUND FOR CONVICTION may properly take and act on without proof because they are
An extrajudicial confession made by an accused, shall not be already known to them (People v. Tundag, 2000)
sufficient ground for conviction, unless corroborated by
evidence of corpus delicti. (Sec, 3, Rule 133) Judicial Notice is based on convenience and expediency. It
relieves the parties from the necessity of introducing evidence
CORPUS DELICTI to prove the fact noticed.
It is the actual commission by someone of the particular crime
charged. It refers to the fact of the commission of the crime, The taking of judicial notice is a matter of expediency and
not to the physical body of the deceased or to the ashes of a convenience for it fulfills the purpose that the evidence is
burned building. The corpus delicti may be proven by the intended to achieve, and in this sense, it is equivalent to proof.
credible testimony of a sole witness, not necessarily by (Land Bank of the Philippines vs. Yatco Agricultural Enterprises,
physical evidence. (Rimorin v. People, 2003) 2014)
Judicial Notice relieves the parties from the necessity of

introducing evidence to prove the fact noticed (Francisco,
PROOF BEYOND REASONABLE DOUBT Evidence, 1996)
Moral certainty only is required, or that degree of proof which WHEN COURT MAY TAKE JUDICIAL NOTICE
produces conviction in an unprejudiced mind. (Sec. 2, Rule (1) During trial;
133) (2) After trial and before judgment;
(3) On Appeal
PREPONDERANCE OF EVIDENCE WHEN JUDICIAL NOTICE MANDATORY

Judicial Notice is MANDATORY in the following instances:
Only requires that evidence be greater or more convincing (1) Existence and territorial extent of states;
than the opposing evidence. (Duarte v. Duran, 2011) (2) Their political history, forms of government and
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symbols of nationality; For the court to take Judicial Notice, three material requisites
(3) The law of nations; should be present:
(4) The admiralty and maritime courts of the world and (a) The matter must be one of common and general
their seals; knowledge;
(5) The political constitution and history of the Philippines; (b) It must be well and authoritatively settled and not
(6) the official acts of the legislative, executive and judicial doubtful or uncertain;
departments of the Philippines (c) It must be known to be within the limits of the
(7) The laws of nature; jurisdiction of the court.(State Prosecutors v, Muro, 1994)
(8) The measure of time; and
(9) The geographical divisions. Judicial Notice vs. Personal Knowledge of a Judge
Note: Enumeration on Mandatory Judicial Notice is It is not essential that matters of Judicial Notice be actually
EXCLUSIVE known to the judge. The judge may, at his discretion, inform
himself in any way which may seem best to him, and act
accordingly.
Rule on Judicial Notice of Decisions of Courts
GENERAL RULE: ALL courts are required to take judicial
notice of the decisions of the Supreme Court. JUDICIAL ADMISSIONS
Lower courts are to take JN of decisions of higher courts (ex.
CA) BUT NOT of the decisions of coordinate trial courts An admission, verbal or written, made by a party in the
NOR even of a decision or the facts involved in another case course of the proceedings in the same case, does not require
tried by the same court proof. The admission may be contradicted only by showing
palpable mistake or that no such admission was made. (Sec. 4,
EXCEPTION: Parties introduce the same in evidence. (The Rule 129, Rules of Court)
court, as a matter of convenience, decides to do so.)
ELEMENTS OF JUDICIAL ADMISSIONS
(1) Must be made by a party to the case
(2) Must be made in the course of the proceedings in the
Rule on Adjudication of Cases Pending
same case
GENERAL RULE: Courts are not authorized to take judicial (3) No particular form is required - may be oral or written
notice in the adjudication of cases pending before them, of (RIANO, Evidence, p.170-171, 2013)
the contents of other cases, even when such cases have been
tried or are pending in the same court, and notwithstanding JUDICIAL ADMISSIONS MAY BE MADE
the fact that both cases may have been tried or are actually (1) In the pleadings filed by the parties
pending before the same judge. (Prieto v. Arroyo, Jr., 1965) (2) In the course of the trial either by verbal or written
manifestations or stipulations
EXCEPTION: In the absence of objection, and as a matter of (3) In other stages of the judicial proceeding, as in pre-trial
convenience to all parties, a court may properly treat all or of the case
any part of the original record of a case filed in its archives
as read into the record of a case pending before it, when, Note: Depositions, written interrogatories, or requests for
with the knowledge of the opposing party, reference is made admission are also considered judicial admissions
to it for that purpose, by name and number or in some other
manner by which it is sufficiently designated; or when the TO BE CONSIDERED A JUDICIAL ADMISSION
original record of the former case or any part of it, is actually General rule: It must be made in the SAME case in which it is
withdrawn from the archives by the court's direction, at the offered
request or with the consent of the parties, and admitted as a
part of the record of the case then pending. Exception: It may be made in another case or another court,
provided:
It is clear, though, that this exception is applicable only 1. It be proved as in the case of any other fact
when, "in the absence of objection," "with the knowledge of 2. If the judicial admission was made in a judicial
the opposing party," or "at the request or with the consent of proceeding, it is entitled to greater weight.
the parties," the case is clearly referred to or "the original or 3. It is pertinent to the issue involved
part of the records of the case are actually withdrawn from 4. There must be no objection
the archives" and "admitted as part of the record of the case
then pending." (Tabuena vs. CA, 1991) Exception to the exception:
1. The said admissions were made only for purposes of the
first case as in the rule on implied admissions and their
effects under Rule 26
WHEN JUDICIAL NOTICE DISCRETIONARY 2. The same were withdrawn with the permission of the
Courts may take judicial notice on: court therein
(a) Matters which are of public knowledge, 3. The court deems it proper to relieve the party therefrom.
(b) Matters which are capable of unquestionable
demonstration, or
(c) Matters which ought to be known to judges because of
their judicial functions
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Effect of Judicial Admissions

LAW OF NATIONS
Judicial Admissions DO NOT REQUIRE PROOF. (Sec. 4,
Rule 129) Article II, The 1987 Philippine Constitution
SEC. 2. The Philippines renounces war as an instrument
of national policy, adopts the generally accepted
principles of international law as part of the law of the
How Judicial Admissions may be Contradicted
land and adheres to the policy of peace, equality, justice,
General rule: Judicial Admissions cannot be contradicted by freedom, cooperation, and amity with all nations.
the admitter who is the party himself.
The Philippines…”adopts the generally accepted principles
Exception: May be contradicted when: of international law as part of the law of the land..” (Sec. 2,
(a) Such is made through palpable mistake; Art. II, 1987 Constitution)
(b) No such admission was made; or
(c) In the case of a pre-trial admission in a civil case, to
prevent manifest injustice (Sec 7, Rule 118)
Municipal Ordinances
(d) In criminal cases, if the pre-trial admission was reduced
to writing and signed by the accused and his counsel General Rule: Courts of justice are required to take Judicial
(Secs 2 and 4, Rule 118) Notice of the laws
Judicial Notice of Foreign Laws, Law of Nations and Exception: In case of ORDINANCES, the rule is different
Municipal Ordinance (1) MTCs: Required to take JN of the ordinances of the
Foreign Laws municipality or city wherein they sit.
General rule: Foreign laws do not prove themselves nor can a (2) RTC however, they must take such JN ONLY when:
court take judicial notice of them. Like any other fact, they (a) Required to do so by statute (ex. city charter); and
must be alleged and proved. (Garcia-Recio v. Garcia, GR No. (b) In a case on appeal before them and wherein the
138322, October 2, 2001) inferior court took JN of an ordinance involved in
said case. (only to determine the propriety of taking
Exception: When foreign laws may be the subject of judicial JN)
notice (c) Appellate courts may also take JN of municipal and
(1) When the local court is evidently familiar with the city ordinances not only where the lower courts
foreign law. took JN BEC these are facts capable of
(2) When the foreign law refers to the law of nations. (Sec. unquestionable demonstration.
1, Rule 129, ROC) (d) For the same reason, Courts may take judicial
(3) When the court takes judicial notice of a published notice of administrative regulations.
treatise, periodical or pamphlet on a subject of law as a
learned treatise. (Sec. 46, Rule 130, Ibid.)
(4) When the foreign statute is accepted by the Philippine
government. (Republic v. Guanzon, 61 SCRA 360)
(5) When a foreign judgment containing foreign law is
recognized for enforcement. (Sec. 48, Rule 39, ROC)
(6) If the foreign law refers to common law doctrines and
rules from which many of our laws were derived.
(Alzua v. Johnson, 21 Phil. 308)
How WRITTEN Foreign Law May be Proved

Requirements in Sec 24 and 25 of rule 132 must be complied
with:
(1) BY an official publication
(2) BY a duly attested and authenticated copy thereof.
Philippine courts cannot take judicial notice of foreign laws.

They must be alleged and proved as any other fact. In the
absence of such proof, the foreign law is presumed to be the
same as Philippine law. (Yao Kee v. Sy-Gonzales, 1988)
Doctrine of Processual Presumption

Under this doctrine, if the foreign law involved is not
properly pleaded and proved, our courts will presume that
the foreign law is the same as our local or domestic or internal
law. (Del Socorro v. Van Wil Sem, 2014)
How UNWRITTEN Foreign Law May be Proved

Rule 130, Sec 46: A published treatise, periodical or pamphlet
on a subject of such law or a testimony of a written expert.
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OBJECT (REAL) EVIDENCE

As to Authentication of an Object:
(1) Unique Objects – readily identifiable; objects with
unique marks
Nature of Object Evidence (2) Objects made Unique - made readily identifiable;
objects which acquired unique characteristics
Object evidence includes any article or object which may be (3) Non-Unique Objects – not readily identifiable; objects
known or perceived by the use of any of the senses of: with no identifying marks and cannot be marked
hearing (auditory), touch (tactile), taste (gustatory) or smell
(olfactory), and sight
It may include:
ü Examination of the anatomy of a person or any Demonstrative Evidence
substance taken therefrom
ü Conducting tests, demonstration or experiments It is a tangible object that represents or illustrates a matter of
ü Examination of representative portrayals of the object in importance in the litigation (i.e. maps, diagrams, summaries
question provided the same are properly authenticated and other materials created especially for the litigation)
(ex. maps, diagrams, sketches, pictures, audio-visual
records) To be admissible, it must show that the object fairly
ü Documents – only if the same are presented for the represents or illustrates what is alleged to illustrate.
following purposes:
(1) To prove the existence or condition or the nature of
the handwritings thereon;
(2) To determine the age of the paper used or the
blemishes or alterations thereon View of an Object or Scene
Requisites for Ocular Inspection or View of an Object Or

Note: Such real evidence may be amplified by
Scene
interpretations afforded by testimonial evidence especially
(1) Object is relevant
by experts (x-ray interpreted by doctors)
(2) Party cannot bring the object in the courtroom (ex.
Immovable or inconvenient to remove)
Documents are considered A view or Ocular Inspection conducted by the judge without
(1) Object Evidence – if their Purpose is to prove their notice to or the presence of the parties is invalid since an OI
existence or condition, or the nature of the handwritings is part of the trial.
thereon or to determine the age of the paper used, or the
blemishes or alterations thereon. Whether or not an Ocular Inspection is to be made lies in the
(2) Documentary Evidence - if their purpose is to establish discretion of the court. (Remedial Law Compendium Vol. II,
the contents or tenor thereof. Regalado)
Requisites for Admissibility
Requisites for Admissibility of Object Evidence:

(1) Must be relevant
(2) Must be Authenticated
(3) Must be made by competent witness
(4) Object must be formally offered in evidence
NOTE: Authentication consists of showing that the object is

the object that is involved in the underlying event.
Categories of Object Evidence
As to Presentation in Court:
(1) Exhibition or Production - The exhibition or production
of object inside or outside the courtroom;
(2) View of an Object or Scene - the inspection of the object
outside the courtroom
(3) Experiments - making of an experiment
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DOCUMENTARY EVIDENCE
Best Evidence Rule
The rule stipulates that in proving the terms of a written

Meaning of Documentary Evidence
document the original of the document must be produced in
Documents as evidence consist of writings or any material court. (Heirs of Prodon v. Heirs of Alvarez, 2013)
containing letters, words, numbers, figures, symbols or other
modes of written expressions offered as proof of their
contents. (Sec. 2, Rule 130, Rules of Court)
PURPOSE OF THE BEST EVIDENCE RULE
CATEGORIES OF DOCUMENTS To prevent fraud, perjury; and to exclude uncertainties in
ü Writings; or the contents of a document
ü Any material containing letters, words, numbers,
figures, symbols
When Applicable
DOCUMENT
A deed, instrument or other duly authorized paper by which General rule: The rule excludes any evidence other than the
something is proved, evidenced or set forth. original writing to prove the contents thereof (Rule 130, Sec.
3)
That which is furnished by written instruments, inscriptions NOTE: Best Evidence Rule is applied to
and documents of all kinds. Documentary Evidence ONLY (where the contents
of a writing is the subject of judicial inquiry; best
evidence is the original writing itself). It operates as
a rule of exclusion.
Requisites for Admissibility Exception:

(a) When the original has been lost or destroyed, or cannot
Requisites for admissibility of Documentary Evidence: be produced in court, without bad faith on the part of the
(1) The document must be relevant; offeror;
(2) The evidence must be authenticated; (b) When the original is in the custody or under the control
(3) The document must be authenticated by a competent of the party against whom the evidence is offered, and
witness; and the latter fails to produce it after reasonable notice;
(4) The document must be formally offered in evidence. (c) 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
RULES ON ELECTRONICE EVIDENCE established from them is only the general result of the
(A.M. No. 01-7-01-SC) whole; and
Requisite for admissibility: An electronic document is (d) When the original is a public record in the custody of a
admissible in evidence if it complies with the rules on public officer or is recorded in a public office.
admissibility prescribed by the Rules of Court and related
laws and is authenticated in the manner prescribed by law. Effect: The non-production of the original document gives
(Sec. 1, Rule 3, Rules on Electronic Evidence) rise to the presumption of suppression of evidence. (Sec 3,
Rule 131)
Whenever a rule of evidence refers to the term writing,
document, record, instrument, memorandum or any other
form of writing, such term shall be deemed to include an
electronic document. (Sec. 1, Rule 3) MeaniNg of Original OF DOCUMENT
An electronic document shall be regarded as the equivalent of It is one the contents of which are the subject of inquiry.
an original document under the Best Evidence Rule if it is a
printout or output readable by sight or other means, shown OTHER COPIES CONSIDERED ORIGINALS
to reflect the data accurately. (Sec. 1, Rule 4) When “Other Copies of a Document” are Considered
Originals (Sec. 4)
Copies and duplicates of the electronic document shall not be (a) It includes regular entries in journals and ledgers.
admissible to the same extent as the original if: (b) A signed carbon copy executed at the same time as the
(a) A genuine question is raised as to the authenticity original is known as a “duplicate original” and may be
of the original; or introduced w/o the original
(b) In the circumstances it would be unjust or
inequitable to admit the copy in lieu of the original. RULES ON CARBON COPIES CONSIDERED AS
(Sec. 2, Rule 4) ORIGINALS
Documents prepared in several copies through the use of
carbon sheets are considered originals:
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PROVIDED that the writing of a contract upon the outside

sheet, including the signature of the party sought to be Voluminous records must, however, be made accessible to
charged thereby, produces a facsimile upon the sheets the adverse party so that the correctness of the summary of
beneath, such signature being thus reproduced by the SAME the voluminous records may be tested on cross examination.
stroke of the pen (Compania Maritima v. Allied Free Workers Union, 77 SCRA 24)
Even if the signature was made through separate acts or WHEN ORIGINAL IS A PUBLIC RECORD
separate occasions, ALL the CARBON COPIES are Requisites for introduction of secondary evidence WHEN
considered originals THE ORIGINAL IS A PUBLIC RECORD:
(1) Original is in the custody of a public officer or is
recorded in a public office;
(2) Prove contents by:
(a) Certified True Copy issued by the public officer in
Rules on Telegrams and Cables
custody thereof; or
W/N the dispatch sent or the dispatch received is the best (b) Official Publication
evidence of the message (depends on the issue)
(1) IF the issue is the contents of the telegrams as received
by the addressee, original dispatch received is the best
evidence as sent by the sender the original is the message
delivered Parol Evidence Rule
(2) IF the issue is the inaccuracy of the transmission
Parol Evidence – Oral or verbal evidence; that which is
BOTH the sent and received dispatch are originals. given by word of mouth; the ordinary kind of evidence
given by witnesses in court. In a particular sense, and with
reference to contracts, deeds, wills, and other writings, parol
evidence is the same as extraneous evidence, or evidence
aliunde. (Black’s Law Dictionary, 5th Ed. , pp. 1005-1006)
Secondary Evidence
WHEN ORIGINAL IS UNAVAILABLE
Requisites for Introduction of Secondary Evidence IN CASE Requisites for Applicability
OF LOSS OR DESTRUCTION:
(1) A valid contract;
(1) Prove the existence or due execution of the original;
(2) Terms of the agreement must be reduced to writing;
(2) Show cause for its unavailability; and (3) Dispute is between parties and their successors-in-
(3) Show the absence of bad faith on the part of the offeror interest;
to which the unavailability of the original can be
(4) Grounds for applicability must be put in issue in the
attributed.
pleadings; and
(5) There is a dispute as to the terms of the agreement.
NOTE: Proof of loss or destruction alone is not sufficient
foundation. The due execution besides the loss has to be
shown. Also, the offeror must show that exerted efforts were
made to locate the original; that the search was thorough and WHEN PAROL EVIDENCE CAN BE INTroduced
diligent
General rule: When the terms of an agreement have been
reduced to writing, it is considered as containing all the
WHEN ORIGINAL IS WITH THE ADVERSE PARTY
terms agreed upon and there can be, between the parties and
Requisites for introduction of secondary evidence WHEN
their successors in interest, no evidence of such terms other
THE ORIGINAL IS WITH THE ADVERSE PARTY:
than the contents of the written agreement.
(1) The original exists;
(2) The document is under the custody or control of the
Exception: When a party puts in issue in his pleading:
adverse party;
(1) An intrinsic ambiguity, mistake or imperfection in the
(3) Proponent of the Secondary Evidence has given the
written agreement;
adverse party reasonable notice to produce the original
(2) The failure of the written agreement to express the true
document; and
intent and agreement of the parties thereto;
(4) Adverse party failed to produce the original document
(3) The validity of the written agreement; or
despite reasonable notice.
(4) The existence of other terms agreed to by the parties or
their successors in interest after the execution of the
WHEN ORIGINAL CONSISTS OF NUMEROUS
written agreement.
ACCOUNTS
Requisites for introduction of secondary evidence WHEN
Exception to the exception: Parol Evidence may still be
THE ORIGINAL CONSISTS OF NUMEROUS ACCOUNTS:
admitted even if the required matters are not put in issue by
(1) The original consists of numerous accounts or other
the pleadings:
documents;
(1) If such facts are invoked in his answer (since it also puts
(2) They cannot be examined in court without great loss of
it in issue)
time; and
(2) When parol evidence is NOT OBJECTED to (waiver of
(3) The fact sought to be established from them is only the
right to object inadmissibility)
general result of the whole.
Note: the Exceptions above are also the Grounds for
(Sec.3(c), Rule 130)
presenting Parol Evidence
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Authentication and Proof of Documents

Integrated Agreements
Parol Evidence Rule applies only to integrated (finalized) A condition precedent for the admissibility of evidence.
agreements, intended by both parties as the final and (Black’s Law Dictionary, 5th Ed., p. 121)
exclusive written memorial of their agreement
Collateral Oral Agreements

Public and Private Documents
Parol Evidence Rule may also apply to collateral oral
agreements:
(1) When the CA is not inconsistent with the terms of the Classes of Documents
written contract ; Public Documents: A document acknowledged before
(2) When the CA has not been integrated in and is persons authorized to administer oaths. “Official Documents”
independent of the written contract as where it is (a) document to be public must be an official written act of
suppletory to the original contract; a public officer;
(3) When the CA is subsequent to or novatory of the written (b) Notarial Documents (except last wills and testaments)
contract; (c) A foreign decision purporting to be the written record of
(4) When the CA constitutes a condition precedent which an act of an official body or tribunal of a foreign country
determines whether the written contract may become is a public writing.
operative or effective.
Private Documents: all other writings; includes commercial
WHEN PAROL EVIDENCE NOT APPLICABLE documents.
Parol Evidence Rule is NOT APPLICABLE (may not be
invoked against the other): However, private documents required by law to be entered
(1) When at least 1 party to the suit is not a party or privy to in public records may be considered as “public documents”
the written instrument in question and does not base a
claim or assert a right originating in the instrument. Note: If a private writing itself is inserted officially into a
(2) A stranger may introduce extrinsic evidence against the public record, its record, its recordation or its incorporation
written agreement. into the public record becomes a public document BUT that
does NOT make the private writing itself a public document
so as to make it admissible w/o authentication.
Parol Evidence Rule v. Best Evidence Rule For the purpose of their presentation in evidence, certain
Parol Evidence Rule Best Evidence Rule transactions must be in a public document; otherwise they
Contemplates a situation will not be given any validity.
where the original writing
Presupposes that the If the record is not kept in the Philippines, such official
is not available and/or
original document is publication or copy must be accompanied:
there is a dispute as to
available in court (1) With a certificate that the attesting officer has the legal
w/n the said writing is the
original custody thereof;
Written agreements only Any document (2) Certificate stating, in substance
(a) Copy is a correct copy of the original, or
Prohibits the introduction
Prohibits the varying of the (b) Specific part is a correct copy of the original
of secondary evidence
terms of the written (3) Certificate issued by
regardless of w/n it varies
agreement (a) any of the authorized Philippine embassy or
the contents of the original
Applies ONLY to (b) consular officials stationed in the foreign country in
documents which are which the record is kept
contractual in nature or Applies to all kinds of (4) Authenticated by the seal of his office.
“written agreement (EXC. writings (Rotterdam v. Glow Laks Enterprises, Ltd., GR No. 156330,
It applies to wills) November 19, 2014)
Can be invoked ONLY Ratio: Not a mere technicality but is intended to justify the
when there is a giving of full faith and credit to the genuineness of a
Can be invoked by ANY document in a foreign country
controversy bet. the parties
party regardless of w/n
to the written agreement
such party has participated Public documents are perfect evidence of the fact which gave
and their privies or any
in the writing involved. rise to their execution and of the date of the latter, if the act
party directly affected
thereby which the officer witnessed and certified to or the date
Only the contracting written by him are not shown to be false; but they are not
May be challenged by conclusive evidence with respect to the truthfulness of the
parties may challenge the
anyone statements made therein by the interested parties. (Dupilas v.
document
Cabacungan, 30 Phil 354, 1917)
to exclude any evidence
that will vary, modify or Exclude any evidence to
change contents of the prove content PUBLIC PRIVATE
written agreement DOCUMENTS DOCUMENTS
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GENERAL RULE: NOT Self When a Private Writing Requires Authentication; Proof of
Admissible in Authenticating. Private Writing
evidence w/o further It must be
proof of its proved relative Due execution and authenticity must be proved either:
genuineness and due to its due a. By anyone who saw the document executed or
execution execution and written; or
genuineness, b. By evidence of the genuineness of the signature or
As to handwriting of the maker.
EXCEPTION: Where before it may be
Authenticity Any other private document need only be identified as that
a special rule of law received in
requires proof evidence which it is claimed to be.(Sec. 20, Rule 132, Rules of Court)
thereof despite its
being a document
acknowledged Other modes of authentication
(ex. Probate of
notarial wills) (1) Doctrine of Self-Authentication – where the facts in
Evidence even Binds only the writing could only have been known by the writer
against 3rd persons, parties who
of the fact which executed it or (2) Rule of Authentication of the Adverse Party – where the
As to gave rise to its due their privies, reply of the adverse party refers to and affirms the
Persons execution and to the insofar as due transmittal to him and his receipt of the letter in question, a
Bound date of the latter execution and copy of which the proponent is offering as evidence.
date of the
document
concerned When Evidence of Authenticity of a Private Writing is not
Required
An ancient document is said to be in the proper custody if it
is in the place in which and under the care of the person
with whom it would naturally be.
Requisites:
(1) Document is more than thirty years old
(2) Document is produced from a custody in which it would
naturally be found if genuine, and
(3) Document is unblemished by any alteration or
circumstances of suspicion
Ratio: The fact of its coming from the natural and proper
place tends to remove presumptions of fraud and strengthen
the belief of its genuineness
By merely producing the document: it establishes prima

facie its own authenticity. The burden then shifts to the
adverse party to prove otherwise.
How to Prove Genuineness of a Handwriting
Means or methods by which the handwriting of a person

may be proven, which may be either by:
(1) Any witness who believes it to be the handwriting of
such person, and has seen the person write; or
(2) Any witness who has seen writing purporting to be his
upon which the witness has acted or been charge and has
thus acquired knowledge of the handwriting of such
person, or
(3) By comparison made by a witness or the court, with
writings admitted or treated as genuine by the party
against whom the evidence is offered, or proved to be
genuine to the satisfaction of the judge.
(Lopez v. CA, L-31494, 23 Jan 1978)
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Public Documents as Evidence; Proof of Official Records provided, is admissible as evidence that the records of his
office contain no such record or entry. (Sec. 28, Rule 132, Rules
of Court)
Requisites:
(1) Documents consisting of entries in public records
(2) Entries made by a public officer
(3) Entries made in the performance of a duty
How Judicial Record is Impeached
Public documents are admissible without further proof of
their due execution and genuineness Any judicial record may be impeached by evidence of:
a. want of jurisdiction in the court or judicial officer,
PROOF OF OFFICAL RECORD b. collusion between the parties, or
Whether the Record is Domestic or Foreign – It may be fraud in the party offering the record, in respect to the
Evidenced By: proceedings. (Sec. 29, Rule 132, Rules of Court)
(1) An official publication
(2) A copy thereof duly attested by the proper officers
Proof of Notarial Documents
Note: Absent the attestation of the proper officer, a mere
copy of the foreign document is not admissible as evidence Every instrument duly acknowledged or proved and
to prove the foreign law. certified as provided by law, may be presented in evidence
without further proof, the certificate of acknowledgment
When the special power of attorney is executed and being prima facie evidence of the execution of the
acknowledged before a notary public or other competent instrument or document involved. (Sec. 30, Rule 132, Rules of
official in a foreign country, it cannot be admitted in Court)
evidence UNLESS it is certified as such in accordance with
the foregoing provision of the rules by a secretary of NOTARIAL DOCUMENT
embassy or legation, consul general, consul, vice consul, or One which is duly acknowledged before a notary public. (It is
consular agent or by any officer in the foreign service of the a public document)
Philippines stationed in the foreign country in which the
record is kept of said public document and authenticated by The notary must be duly authorized and must have notarized
the seal of his office. said document in accordance with the Notarial Law.
EVIDENTIARY WEIGHT OF A NOTARIAL DOCUMENT

A notarial document celebrated with all the legal requisites
Attestation of a Copy under a notarial certificate is evidence of a higher character,
Whenever a copy of a document or record is attested for the and to overcome recitals, it is incumbent upon the party
purpose of evidence, the attestation must state, in substance, challenging it to prove his claim with clear and convincing
that the copy is a correct copy of the original, or a specific evidence.
part thereof, as the case may be. The attestation must be
under the official seal of the attesting officer, if there be any, A notarized document carries the evidentiary weight
or if he be the clerk of a court having a seal, under the seal of conferred upon it with respect to its due execution, and it has
such court. (Sec, 25, Rule 132, Rules of Court) in his favor the presumption of regularity which may only be
rebutted by evidence so strong and convincing as to exclude
all controversy as to the falsity of the certificate. Absent such,
the presumption must be upheld. The burden of proof to
Public Record of a Private Document overcome the presumption of due execution of a notarial
document lies on the one contesting the same. (Pan Pacific
An authorized public record of a private document may be
Industrial Sales Co. v. CA, 2005)
proved by the original record, or by a copy thereof, attested
by the legal custodian of the record, with an appropriate
certificate that such officer has the custody. (Sec. 27, Rule 132,
Rules of Court) How to Explain Alterations in a Document
Note: If a private writing itself is inserted officially into a The party producing a document as genuine which has been
public record, its record, its recordation or its incorporation altered and appears to have been altered after its execution,
into the public record becomes a public document BUT that in a part material to the question in dispute, must account for
does NOT make the private writing itself a public document the alteration. He may show that the alteration was made by
so as to make it admissible w/o authentication. another, without his concurrence, or was made with the
consent of the parties affected by it, or was otherwise properly
or innocently made, or that the alteration did not change the
meaning or language of the instrument. If he fails to do that,
the document shall not be admissible in evidence. (Sec. 31,
Rules 132, Rules of Court)
Proof of Lack of Record
A written statement signed by an officer having the custody The rule requires that a party, producing a writing as genuine
of an official record or by his deputy that after diligent search but which is found altered after its execution, in a part
no record or entry of a specified tenor is found to exist in the material to the question in dispute, should account for the
records of his office, accompanied by a certificate as above alteration, and if he does that, may give the writing in
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Remedial Law
evidence, but not otherwise. In other words, a party TESTIMONIAL EVIDENCE

presenting the writing should have accounted for the
alteration when he introduced the paper in evidence, and not
endeavor to explain the alteration afterwards.
The claim on appeal that the alteration in the writing was Qualifications of a Witness
innocent, or that the company should have been given an
opportunity to explain because it was caught unaware that GENERAL RULE: All persons who can perceive, and in
the court below would take the incident against them as it did, perceiving, can make known their perception to others, may
is untenable. (Vda. De Bonifacio v. BLT Bus Co., Inc., 34 SCRA be witnesses.
618, 1970) The following shall not be a ground for disqualification:
(1) Religious or political belief,
(2) interest in the outcome of the case, or
(3) conviction of a crime
Documentary Evidence in an Unofficial Language Note: A witness must only possess all the qualifications and
Documents written in an unofficial language shall not be none of the disqualifications. (Marcos v. Heirs of Navarro, 2013)
admitted as evidence, unless accompanied with a translation
into English or Filipino. To avoid interruption of proceedings, EXCEPTIONS: When law provides otherwise, such as:
parties or their attorneys are directed to have such translation (1) Disqualification by reason of mental capacity or
prepared before trial. (Sec. 33, Rule 132, Rules of Court) immaturity (Sec. 21, Rule 130)
(2) Disqualification by reason of marriage (Sec. 22, Rule 130)
(3) Disqualification by reason of death or insanity of the
adverse party (Sec. 23, Rule 130)
(4) Disqualification on the ground of privileged
communication (Sec. 24, Rule 130)
The fact that a person is mentally handicapped, alone does

not prevent her from giving testimony especially if the
testimony was candid, straightforward, and coherent (People
v. Baid, 2000)
Competency versus Credibility of a Witness
Competency of a Witness Credibility of a Witness

Matter of law Has nothing to do with
the rules
As regards the qualifications Refers to the weight and
and the capacity of a witness trustworthiness or
to perceive and make his reliability of the
perception known testimony
Disqualifications of a Witness
(a) By reason of mental capacity or immaturity;

(b) By reason of marriage
(c) By reason of death or insanity of the adverse party
(d) By reason of privileged communications
Disqualification by Reason of Mental Capacity or

Immaturity
GENERAL RULE: The court shall consider no evidence

which has not been formally offered. The purpose for which
the evidence is offered must be specified. (Sec. 34, Rule 132)
EXCEPTION: If there was repeated reference thereto in the

course of the trial by adverse party’s counsel and of the
court, indicating that the documents were part of the
prosecution’s evidence.
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Nature of Prohibition: Absolute disqualification or

Two requisites must concur: prohibition against the spouse’s testifying to any fact
affecting the other spouse however the fact may have
(1) The document must have been duly identified by acquired
testimony duly recorded.
(2) The document must have been incorporated to the Requisites in Order for Marital Disqualification Rule to
records of the case. Apply:
(Laborate v. Pagsanhan Tourism Consumers Cooperative, GR No. (1) The marriage is valid and existing at the time of the offer
183860, January 15, 2014) of testimony; and
(2) The other spouse is a party to the action.
Note: Disqualification applies where the marriage between

Competency of a child witness the parties is voidable.
Every child is presumed qualified to be a witness. However,

the court shall conduct a competency examination of a child,
Who may Object:
motu proprio or on motion of a party, when it finds that
substantial doubts exists regarding the ability of the child to Only the other spouse who is a party to the case.
perceive, remember, communicate, distinguish truth from
falsehood, or appreciate the duty to tell the truth in court. Objections to the competency of the witness-spouse may also
be waived. (Ex. Testimony against a spouse is a waiver of a
Note: The court may set other conditions on the taking of the testimony in rebuttal)
deposition that it finds just and appropriate, taking into
consideration the best interests of the child, the constitutional
rights of the accused, and other relevant factors. (Rule on Rationale For Having Such Rule
Examination of a Child Witness)
Considering the identity of interest between the spouses,
there is a consequent danger of committing perjury. Also,
the rule is in order to guard marital confidence and to
prevent domestic disunion
Disqualification by Reason of Marriage
Disqualification by Reason of Death or Insanity of Adverse

Rule on Marital Disqualification Party
(Spousal Immunity) Survivorship Disqualification Rule or Dead Man Statute

Constitutes only a partial disqualification: A witness is not
General Rule: During the marriage, neither the husband nor completely disqualified BUT is only prohibited from
the wife may testify for or against the other without the testifying in certain matters specified
consent of the affected spouse
Disqualification ONLY applies to:
Exceptions: Rule on Disqualification does NOT Apply A civil case or special proceeding over the estate of a deceased
(1) When the testimony was made outside the marriage or insane person
(2) In a civil case by one spouse against another
(3) In a criminal case for a crime committed by one spouse Incompetency to Testify Applies:
against the other or the latter’s direct descendants or Whether or not the deceased died before or after the
ascendants (Sec. 22, Rule 130) commencement of the action against him provided he is dead
at the time of the testimony. The material time is when the
Reason: The crime may be considered as having been testimony is sought to be given.
committed against the spouse and hence, the conjugal
harmony sought to be protected no longer exists. Requisites
(1) The witness offered for examination is a party plaintiff,
Limited only to direct ascendants and descendants + spouse or the assignor of said party, or a person in whose behalf
(1) When the offense directly attacks or vitally impairs the a case is prosecuted;
conjugal relation. (People v. Castañeda, 88 SCRA 562) (2) The case is against the executor or administrator or other
(2) When the marital relations are so strained, there is no representative of a person deceased or of unsound mind;
more consideration for applying the said rule. Such as in (3) The case is upon a claim or demand against the estate of
cases of rape of the child, the crime is tantamount to a such person who is deceased or of unsound mind
crime against the wife. (Ordonio v. Daquigan, 62 SCRA (4) The testimony to be given is on matter of fact occurring
270) before the death, of such deceased person or before such
(3) When there is imputation of a crime by one spouse person became of unsound mind.
against the other
The Rule Does NOT Apply:
Note: “Direct Ascendants and Descendants” = Parents and (1) In Land registration cases instituted by the decedent’s
Children ONLY representatives (since the oppositors are considered
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defendants and may therefore testify against the whether he acquired the information legally or not. (A
petitioner) 3rd person is not covered by the prohibition) Provided:
(2) In Cadastral cases – since there is no plaintiff or There is no collusion between the 3rd person and one of
defendant the spouses.
(3) When the testimony is offered to prove a claim less than (4) In a conspiracy between spouses to commit a crime -
what is established under a written document or is since it is not the intention of the law to protect the
intended to prove a fraudulent transaction against the commission of a crime.
deceased (5) When the spouses are living separately and there is an
active hostility. But if there is a chance to reconcile, then
Provided, such fraud is first established by evidence aliunde. this privilege will apply;
(6) When waived
APPLICATION:
To apply the rule, the testimony must be against the estate. Note: Any information received during the marriage is
presumed to be confidential. Privileged marital
When the disqualification is waived – when the defendant: communication extends even after death or divorce of
(1) does not timely object to the admission of such evidence spouses.
or
(2) testifies on the prohibited matters or cross examines Waiving Sec 22 does not prevent the spouse from invoking
thereon Sec 24 and vice versa. So even if the information is not
(3) or offers evidence to rebut such prohibited testimony confidential, the spouse may still invoke Sec 22., which is an
absolute disqualification.
Reason for the Rule:
(1) To prevent perjury This should NOT be confused with “Marital
(2) To protect the estate from fictitious claims Disqualification”
(3) To give the parties an equal opportunity to present Marital Disqualification Marital Privilege
evidence (Sec. 22, Rule 130) (Sec. 24a, Rule 130 )
Prohibits adverse testimony Prohibits only as to
The object and purpose of this Statute is to close the lips of the regardless of source knowledge obtained
party plaintiff when death has closed the lips of the party through marital relations
defendant, in order to remove from the surviving party the Applicable only when the Exists whether the
temptation to falsehood and the possibility of fictitious claims party to an action is the husband or wife is a
against the deceased. (Goni v. CA, 144 SCRA 222, 1968 ) spouse party to the action or not
Ceases upon death or Continues even after
The protection under the Dead Man’s Statute is deemed divorce death or divorce
waived when the counsel cross-examines the party who is Privilege belongs to either Privilege belongs to the
claiming against the estate. (Id.) spouse communicating spouse
Includes all facts, occurrence Only protects those
or information obtained information received
even prior the marriage during the marriage
Disqualification by Reason of Privileged Communication
Attorney – Client Privilege
Husband and Wife (Marital Privilege) Requisites for the Disqualification Based on Attorney-Client
(A-C) Privilege to Apply:
Requisites for the Disqualification By Reason of Marital (1) There is an attorney and client relation;
Privilege to Apply: (2) The privilege is invoked with respect to a confidential
(1) There is a valid marital relation; communication between them in the course of
(2) The privilege is invoked with respect to a confidential professional employment;
communication between the spouses during said (3) The client has not given his consent to the attorney’s
marriage; testimony. (Sec. 24b, Rule 130)
(3) The spouse against whom such evidence is being offered
has not given his or her consent to such testimony. Communications with third persons may still be deemed
confidential when done with the agents of either the
Note: Marital Privilege applies to any form of confident attorney or the client.
disclosure—written or unwritten. The privilege belongs to the
communicating spouse, not to the other one. The client owns the privilege and therefore he alone can
invoke it.
Instances When the Privilege Cannot Be Claimed:
(1) With respect to communications made prior to the Prohibition is also applicable even to a counsel de oficio.
marriage of the spouses
(2) With respect to communication not intended to be kept
in confidence (ex. dying declaration of a husband to his Confidential Communication
wife as to who was his assailant since it is intended to be
reported)(US v. Antipolo, 37 Phil 726) The attorney must have been consulted in his professional
(3) When the information is overheard by a third party capacity EVEN if no fee has been paid. Lawyer need not be
in active practice.
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Requisites for the Disqualification Based on Physician-

To constitute professional employment, it is not essential that Patient (P-P) Privilege to Apply
the client employed the attorney professionally on any (1) The physician is authorized to practice medicine,
previous occasion. It is not necessary that any retainer be surgery, or obstetrics;
paid, promised, or charged; neither is it material that the (2) The information was acquired or the advice or treatment
attorney consulted did not afterward handle the case for was given by him in his professional capacity for the
which his service had been sought. (Haduja v. Madianda, 2007) purpose of treating and curing the patient;
(3) The information, advice or treatment, if revealed, would
Communications to an attorney are not privileged where they blacken the reputation of the patient;
are voluntary made after he has refused to accept (4) The privilege is invoked in a civil case, whether patient
employment. is a party or not (Sec. 24, Rule 130)
It includes preliminary communications made for the Note: It is not necessary that the P-P relationship was
purpose of creating the A-C relationship. (But if it is not for created through the voluntary act of the patient. Death of the
the purpose of creating the A-C relationship – it will not be patient does not extinguish the relation.
protected even if the client subsequently hires the same
attorney) The privilege extends to all forms of communications as well
as to the professional observations and examinations of the
Includes verbal statements as well as documents or papers patient
entrusted to the attorney
The P-P Privilege Does NOT Attach when:
Instances when the A-C Privilege Does NOT Apply: (1) The communication was not given in confidence;
(1) Intended to be made public; (2) The communication is irrelevant to the professional
(2) Intended to be communicated to others; employment;
(3) Intended for an unlawful purpose; (3) The communication was made for an unlawful purpose,
(4) Received from third person not acting in behalf or as as when it is intended for the commission or
agent of the client; concealment of a crime;
(5) Made in the presence of third parties who are strangers (4) The information was intended to be made public;
to the attorney-client relationship. (5) There was a waiver of the privilege either by provisions
of contract or law.
The period to be considered is: (6) Under Rule 28 of the Rules of Court,
The date when the privileged communication was made by
the client to the attorney in relation to either a crime The results of the physical and mental examination of a
committed in the past or with respect to a crime intended to person, when ordered by the court, are intended to be made
be committed in the future. public, hence not privileged.
Note: Privilege remains even after termination of Death does not extinguish the patient-physician privilege.
relationship. Thus, result of autopsies or post mortem examinations are
The lawyer-client confidentiality privilege and lawyer's generally intended to be divulged in court.
loyalty to his client is evident in the duration of the protection,
which exists not only during the relationship, but extends The Privilege May Also be Waived:
even after the termination of the relationship. (Regala v. Ex. Section 4 of said Rule 28: if the party examined obtains a
Sandiganbayan, 1996) report on said examination or takes the deposition of the
examiner, he thereby waives any privilege regarding any
BUT Communication Regarding: other examination of said physical or mental condition
ü A crime already committed - is privileged conducted or to be conducted on him by any other physician.
communication
ü Contemplated criminal acts or in aid or furtherance Ex. Waiver of the privilege by contract may be found in
thereof - is not covered. stipulations in life insurance policies.
The A-C Privilege Does NOT Attach: Note: If the child is the patient, the parent may claim the
(1) When the attorney is a conspirator privilege.
(2) When all the attorney has to do is to either affirm or deny
the secret revealed by the client to the court
(3) When the information is voluntarily given after the
Priest – Penitent Privilege
attorney has refused to accept employment.
Requisites for the Disqualification Based on Minister/Priest-
Penitent Privilege to Apply:
(1) That the same were made pursuant to a religious duty
enjoined in the course of discipline of the sect or
Physician – Patient Privilege
denomination to which they belong; and
Purpose: It is intended to facilitate confidential disclosure by (2) They must be confidential and penitential in character.
a patient to a physician of all facts and symptoms w/o (Sec. 24, Rule 130)
apprehension to the end that the physician may form a
correct opinion and may safely treat his patient. Covers only confessions of sins with a view of obtaining
pardon and spiritual advice or assistance. Thus,
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Remedial Law
communications made in the course of religious discipline Parental Privilege – Parent cannot be compelled to testify
but in contemplation of a crime are not privileged. against his child or direct descendants
Note: It is the person making the confession who can invoke Filial Privilege- Child may not be compelled to testify
the privilege. against his parents or other direct ascendants
Rule under the Family Code

Privileged Communication to Public Officers General Rule: No descendant may be compelled to testify
against his parents and grandparents
(STATE SECRETS) Exception:
(1) if such testimony is indispensable in prosecuting a crime
Requisites for the Disqualification Based on Privileged against the descendant; or
Communication to Public Officers to Apply: (2) by one parent against the other
(1) That it was made to the public officer in official (Art. 215, The Family Code)
confidence;
(2) That public interest would suffer by the disclosure of Both parental and filial privileges are granted to any person.
such communication, as in the case of State secrets. Persons may voluntary testify, but if they choose to refuse,
the rule protects them.
Note: This privilege is not for the protection of the public
officer but for the protection of the public interest. Thus, when Reason for the Rule: The reason for the rule is to preserve
no public interest will be prejudiced - this rule will NOT “family cohesion”
apply.
Note: The privilege may now be invoked in both civil and
EXCEPTIONS: criminal cases.
(1) That which is useful to vindicate the innocence of an
accused person, or lessen the risk of false testimony, or Examination of a Witness
(2) Essential to the proper disposition of the case; or
(3) The benefit to be gained by a correct disposition of the Rules For Admissibility:
litigation was greater than any injury which could inure to the
General rule: The testimony of the witness must be given in
relation by a disclosure of the information
open court (Sec. 1, Rule 132, Rules of Court)
Exception: Such requirement may be supplanted

OTHER INSTANCES OF PRIVILEGE (1) In civil cases
(1) RA 53 as amended by RA 1477, the publisher, editor or by depositions pursuant to and under the limitations of
duly accredited reporter of any newspaper, magazine or Rules 23 and 24
periodical of general circulation cannot be compelled to (2) In criminal cases
reveal the source of any news report or information by depositions or conditional examinations, pursuant
appearing in said publication unless the court or a House to Sec 12 to 15 Rule 119 and Rule 123, or by the records
or committee of Congress finds that such revelation is of the preliminary investigation
demanded by the Security of the State.
(2) Art. 233 of the Labor Code - All information and statements Note: Mere presentation of the affidavits of prosecution
made at conciliation proceedings shall be treated as witnesses subject to cross-examination is not allowed by the
privileged communications and shall not be used as Rules of Court. (People vs. Estenzo, G.R. No. L-41166, 1976)
evidence in the NLRC, and conciliators and similar
officials shall not testify in any court regarding any But, summary procedures may be authorized by SC in
matter taken up at the conciliation proceedings special cases (i.e. ejectment, violation of traffic laws, rules
conducted by them. and regulations, violation of the rental law). Also, simplified
(3) Voters cannot be compelled to reveal their ballots procedures may be adopted by the SC which may provide
(4) Trade Secrets will be covered by this privilege that affidavits or counter-affidavits may be admitted in lieu
(5) Informer’s Privilege: Prosecutor is not to be compelled of oral testimony. (Revised Rule on Summary Procedure;
to dispose the identity of the informer unless the Remedial Law Compendium Vol. II, Regalado)
informer is already known to the accused and when the
identity of the informer is vital.
(6) Those covered in the Secrecy of Bank Deposits Law How Oral Evidence is Given
(7) EO 464: Executive Privilege GENERAL RULE: It is usually given orally in open court.
(8) Income Tax returns Therefore, generally, the testimonies of witnesses cannot be
(9) Anti-Graft Cases presented in affidavits.
EXCEPTION: Testimonies of witnesses may be given in

affidavits is under the Rules of Summary Procedure (BP 129)
Parental and Filial Privilege Rule
Purpose: to enable the court to judge the credibility of the
It is not a rule of disqualification but is a privilege NOT to witness by the witness’ manner of testifying, their
testify. intelligence, and appearance.
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Remedial Law
Testimony of witnesses shall be given under oath or Courts;

affirmation. (3) The Sandiganbayan, the Court of Tax Appeals, the Court
of Appeals, and the Shari'a Appellate Courts;
Two fold object in requiring a witness to be sworn: (4) The investigating officers and bodies authorized by the
(1) By affecting the conscience of the witness to compel him Supreme Court to receive evidence, including the
to speak the truth; Integrated Bar of the Philippine (IBP); and
(2) If he willfully falsifies that truth, that he may be (5) The special courts and quasi-judicial bodies, whose rules
punished by perjury. of procedure are subject to disapproval of the Supreme
Court, insofar as their existing rules of procedure
The right to have the witness sworn may be waived contravene the provisions of this Rule. (Sec .1(a), Judicial
If a party fails to object to the taking of the testimony of a Affidavit Rule)
witness without the administration of an oath, he will be
deemed to have waived his objection.
Contents and Procedure
How Testimony of the Witness Should be Elicited A judicial affidavit shall be prepared in the language known
(1) By question of counsel to the witness and, if not in English or Filipino, accompanied
(2) The court may also propound questions either on the by a translation in English or Filipino, and shall contain the
direct or cross-examination of the witness or suggest following:
questions to counsel. (a) The name, age, residence or business address, and
occupation of the witness;
Note: The testimony of a witness cannot be considered self- (b) The name and address of the lawyer who conducts or
serving if he is subjected to cross-examination. Self-serving supervises the examination of the witness and the place
evidence is one made out of court and is excluded on the where the examination is being held;
same ground as hearsay evidence, i.e. deprivation of the (c) A statement that the witness is answering the questions
right of cross examination (Co vs. CA, G.R. No. asked of him, fully conscious that he does so under oath,
52200,1980) and that he may face criminal liability for false testimony
or perjury;
Questions propounded to a witness must: (d) Questions asked of the witness and his corresponding
(1) Not be indefinite or uncertain; answers, consecutively numbered, that:
(2) Be relevant; (1) Show the circumstances under which the witness
(3) Not be argumentative; acquired the facts upon which he testifies;
(4) Not for conclusion of law; (2) Elicit from him those facts which are relevant to the
(5) Not call for opinion or hearsay evidence; issues that the case presents; and
(6) Not call for illegal answer; (3) Identify the attached documentary and object
(7) Not call for self-incriminating testimony; evidence and establish their authenticity in
(8) Not be leading; accordance with the Rules of Court;
(9) Not be misleading; (e) The signature of the witness over his printed name; and
(10) Not to tend reputation of witness; A jurat with the signature of the notary public who
(11) Not to be repetitions; administers the oath or an officer who is authorized by law
(12) Not call for a narration. to administer the same. (Sec. 3, AM No. 12-8-8 SC)
Nevertheless, the court itself may propound questions either Application to Criminal Actions
on the direct or cross-examination of the witness or may Rule: The Judicial Affidavit Rule shall apply to:
suggest questions that should be propounded by counsel. (1) CRIMINAL CASES
(People v. Santos, G.R. No. 172322, 2006) • Where the maximum of the imposable penalty does
not exceed six years; or
• Where the accused agrees to the use of judicial
affidavits, irrespective of the penalty involved
Judicial Affidavit Rule (2) CIVIL CASES
Scope and Where Applicable • Irrespective of the penalties involved
Rule shall apply to:
(a) Actions, Basis: Criminal cases are actions, which require the
(b) Proceedings, or reception of evidence. (Riano, supra, p. 419)
(c) Incidents requiring the reception of evidence (Sec.
1, AM No. 12-8-8 SC) Limitations in the Applicability of the Rule
This rule shall apply to all criminal actions:
Rule shall applies to all courts, other than the Supreme (1) Where the maximum of the imposable penalty does not
Court exceed six years;
(2) Where the accused agrees to the use of judicial affidavits,
The rule specifies the following courts and bodies: irrespective of the penalty involved; or
(1) The Metropolitan Trial Courts, the Municipal Trial (3) With respect to the civil aspect of the actions, whatever
Courts in Cities, the Municipal Trial Courts, the the penalties involved are.
Municipal Circuit Trial Courts, and the Shari' a Circuit
Courts but shall not apply to small claims cases under The Judicial Affidavit Rule still applies:
A.M. 08-8-7-SC;
(1) The accused opts its application, or
(2) The Regional Trial Courts and the Shari'a District
(2) With respect to the civil aspect of the criminal action
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criminal prosecution for offenses admitted in his

In other cases, the use of the judicial affidavits will now testimony.
depend on the accused. The rule will apply, irrespective of (2) Under the right against self-degradation
the penalty involved, where the accused agrees to the use of (If it will have a direct tendency to degrade his
the judicial affidavits. (RIANO, supra, p. 419) character)
The civil aspect of the criminal action refers to the action to

recover the civil liability “arising from the offense charged”
Rights of a Witness
and which is deemed instituted with the criminal action as
provided in Sec. 1 of Rule 111 of the Rules of Court. (Riano, (1) To be protected from irrelevant, improper, or insulting
supra, p. 419-420) questions, and from harsh or insulting demeanor;
(2) Not to be detained longer than the interests of justice
require;
Effect of Non-Compliance (3) Not to be examined except only as to matters pertinent
to the issue;
Party’s failure to submit – deemed to waived their (4) Not to give an answer which will tend to subject him to
submission of the required judicial affidavits and exhibits. a penalty for an offense unless otherwise provided by
(Note: The Court may allow only once the late submission of law; or
the same, provided: 1) the delay is for a valid reason; 2) would (5) Not to give an answer which will tend to degrade his
not unduly prejudice the opposing party; and, 3) the reputation, unless it be to the very fact at issue or to a
defaulting party pays a fine not less than P1,000.00 nor more fact from which the fact in issue would be presumed. But
than P5,000.00, at the discretion of the court.) a witness must answer to the fact of his previous final
conviction for an offense. (Sec. 3, Rule 132)
Witness’ failure to appear at the scheduled hearing – Court
shall not consider the affidavit.
Counsel’s failure to appear at the scheduled hearing – if

without valid cause despite notice, he shall be deemed to have Order in the Examination of Witnesses
waived his client’s right to cross examine the witnesses The order in which an individual witness may be examined
presented. is as follows:
1. Direct examination by the proponent;
Non-conformity with the content requirements – Court shall 2. Cross-examination by the opponent;
not admit the Judicial Affidavit as evidence. 3. Re-direct examination by the proponent;
(Sec. 10, AM No. 12-8-8 SC) 4. Re-cross-examination by the opponent. (Sec. 4, Rule
132)
Effect on Other Rules

Provisions which are inconsistent with the Judicial Affidavit Direct Examination
Rule: It is the examination-in-chief of a witness by the party
ü Repealed or modified - Rules of Court; Rules of presenting him on the facts relevant to the issue. (Sec. 5, Rule
procedure of investigating bodies authorized by the 132)
Supreme Court
ü Disapproved - Rules of procedure of governing quasi-
judicial bodies (Sec. 11, AM No. 12-8-8 SC)
Cross Examination
Upon the termination of the direct examination, the witness
Rights and Obligations of a Witness may be cross-examined by the adverse party. (Sec. 6, Rule 132)
It was held that a witness may be cross-examined not only as

to any matters stated in the direct examination, but also as to
Obligations of a Witness any matter connected therewith, with sufficient fullness and
freedom to test his accuracy and truthfulness and freedom
GENERAL RULE: A witness cannot refuse to answer from interest or bias, or the reverse, and to elicit all important
questions material to the inquiry even if it may tend to facts bearing upon the issue.
establish a claim against him
EXCEPTION: He may validly refuse to answer: Purposes of Cross Examination

(1) Under the right against self-incrimination
(If it will subject him to punishment for an offense) (1) To discredit the witness
(a) Available in civil, criminal and administrative (2) To discredit the testimony of the witness
cases; (3) To clarify certain matters
(b) May be with reference to the offense involved in the (4) To elicit admissions from witnesses
same case where he is charged or in another case;
(c) It may be waived however in immunity statutes Scope and Limits of Cross Examination
wherein the witness is granted immunity from (1) American Rule - Restricts cross-examination to facts
which are connected with the matters that have been
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stated in the direct examination of the witness Principal Object: To prevent injustice to the witness and the
(2) English Rule - A witness may be cross-examined, not party who has called him by affording an opportunity to the
only upon matters testified to by him on his direct witness:
examination, BUT ALSO on all matters relevant to the (1) To explain/amplify/reaffirm the testimony which he
issue has given on Cross-E
(2) To explain any apparent contradiction or inconsistency
What Rule Do we Follow? – BOTH in his statements
GENERAL RULE: We follow the English Rule – However,
it does not mean that the party is making the witness his own,
as stated in Sec 5
Re-Cross Examination
EXCEPTION: We follow the American Rule (may only be Upon the conclusion of the re-direct examination, the adverse
cross-examined on matters covered by direct examination) party may re-cross-examine the witness on matters stated in
when: his re-direct examination, and also on such other matters as
(1) The witness is an unwilling or hostile witness as so may be allowed by the court in its discretion. (Sec. 8 Rule 132)
declared by the court OR is an adverse party
(2) The witness is an accused who testifies as a witness in Purpose: To overcome the other party’s attempt to
his own behalf rehabilitate a witness or to rebut damaging evidence brought
out on Cross-E
Hostile Witness - One declared so by the court upon
adequate showing of his – adverse interest, unjustified It is NOT a Matter of Right on Re-Cross-E for Counsel to
reluctance to testify or his having misled the party into calling Touch on Matters NOT Brought on Re-Direct-E
to the stand.
Re-Cross-E is limited to new matters brought out on the Re-
Misleading Facts (Questions which assumes facts not on Direct-E and such matters as may be allowed by the court.
record), IF asked:
(1) On cross-examination: Objectionable for being
misleading
Recalling Witness
(2) On direct-examination: Objectionable for lack of basis
Where all sides in the case have concluded their examination
Doctrine of Incomplete Testimony: When cross- of the witness, his recall for further examination is
examination cannot be done or completed due to causes discretionary with the court as the interest of justice requires.
attributable to the party who offered the witness, the (Sec. 9, Rule 132)
incomplete testimony is rendered incompetent
General Rule: After the examination of a witness by both sides
GENERAL RULE: Such testimony should be stricken from has been concluded, the witness, CANNOT be recalled W/O
the record. leave of court (Sec.9, Rule 132)
EXCEPTION: However, in criminal cases when the Exception: Where such examination has not been concluded or
prosecution witness was extensively cross-examined on the when a recall of the witness has been expressly reserved –
material points (essential elements of the crime) and recall is a matter of right. (Remedial Law Compendium Vol. II,
thereafter failed to appear and cannot be produced despite a Regalado)
warrant for his arrest – striking out is not warranted (People
v. Gorospe, 1984)
When direct-examination may be stricken out for lack of

cross-examination: Leading and Misleading Questions
Depends on who is at fault:
ü IF it is on the party presenting the witness – it may be Leading Question - One which suggests to the witness the
expunged answer desired.
ü IF it is on the adverse party: There can be no forfeiture
of direct testimony. GENERAL RULE: It is not allowed
Ratio: It causes the witness to testify in accordance with the
suggestion rather than a genuine recollection of events
Re-Direct Examination
EXCEPTIONS:
After the cross-examination, a witness may be re-examined (1) On cross-examination
by the party calling him. (2) On preliminary matters
(3) Difficulty in getting direct and intelligible answers (i.e.
PURPOSE from a witness who is ignorant, or a child of tender
(1) To explain or supplement his answers given during the years, or is of feeble mind, or a deaf-mute)
cross-examination (4) Unwilling or hostile witness
(5) Adverse party or an officer, director or a corporation or
On re-direct examination, questions on matters not dealt with partnership which is an adverse party
during the cross-examination, may be allowed by the court in
its discretion.(Sec. 7, Rule 132)
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Note: For Nos. 3 and 4: There is no need of a preliminary How the Witness is Impeached by Evidence of Inconsistent
showing of hostility before leading questions can be asked Statements
Leading questions have been allowed by the SC when the

witness is: immature, aged and infirm, in bad physical (Laying the predicate)
condition, uneducated, ignorant unaccustomed to court
proceedings, feeble-minded, confused, has slow
The statements must be related to him, with the
comprehension, deaf and dumb, unable to speak or
circumstances of the times and places and the persons
understand English. (People v. Dela Cruz, 2002)
present, and he must be asked whether he made such
statements, and if so, allowed to explain them. If the
As a general rule, leading questions are not allowed.
statements be in writing they must be shown to the witness
However, we have held that when the witness is a child of
before any question is put to him concerning them. (Sec. 13,
tender years, it is proper for the court to allow leading
Rule 132)
questions as it is usually difficult for a child of such age to
state facts without prompting or suggestion. Leading
Contradictory Evidence - refers to other testimony of the
questions are necessary to coax the truth out of their reluctant
same witness, or other evidence presented by him in the
lips. (People v. Del Valle, 2002)
same case
Note: A question that merely suggests a subject w/o
Prior Inconsistent Statement - refers to statements oral or
suggesting an answer or a specific thing is NOT a leading
documentary, made by the witness sought to be impeached
question
on occasions other than trial in which he is testifying.
Misleading Question - One which assumes facts not in
Impeaching done by “laying the predicate”:
evidence or w/o sufficient basis or which assumes testimony
(1) By confronting him with such statements, with the
or proof which has not been given. – It has little probative
circumstances under which they were made
value
(2) By asking him whether he made such statements and
(3) By giving him as chance to explain the inconsistency
Misleading question is NOT allowed
Note: Unless the witness is given the opportunity to explain
the discrepancies, the impeachment is incomplete.
Methods of Impeaching of Adverse Party’s Witness HOWEVER, such defect is deemed WAIVED if no objection
on that ground is raised when the document involved is
Impeachment of a witness offered for admission
It is a technique usually as part of cross-examination to
discredit a witness by attacking his credibility. (Riano) Ratio for Laying the Predicate
(1) To avoid unfair surprise to the adversary
A witness may be impeached by the party against whom he (2) To save time (an admission will make extrinsic proof
was called. (Sec.11, Rule 132) unnecessary)
(3) To give the witness a chance to explain
A Party Can Impeach a Witness of the Adverse Party BY:
(1) Contradictory evidence from testimony in same case
(2) Evidence of prior inconsistent statement The “laying the predicate” rule does not apply:
(3) Evidence of bad character and (1) If the prior inconsistent statement appears in a deposition
(4) Evidence of bias, interest, prejudice or incompetence of the adverse party, and not a mere witness, as such
(5) Evidence of mental, sensory derangement or defect statements are in the nature of admissions of said adverse
(6) Evidence of conviction of an offense which affects party
credibility of witness. (People v. Givera, 2001) (2) Where the previous statements of a witness are offered as
evidence of an admission, and not merely to impeach him
General Rule: A party who voluntarily offers the testimony of
a witness in the case is, as a rule, bound by the testimony of
the said witness. (Remedial Law Compendium Vol. II, Regalado)
Evidence of Good Character of a Witness
Exceptions: GENERAL RULE: evidence of good character of witness is
(a) In the case of a hostile witness; not admissible.
(b) Where the witness is the adverse party or the EXCEPTION: the character of the witness has been
representative of a juridical person which is the adverse impeached.
party; and
(c) When the witness is not voluntarily offered but is Note: This must be differentiated with the rule related to the
required by law to be presented by the proponent, as in the accused introducing evidence of his good character and the
case of subscribing witnesses to a will.(Fernandez vs. prohibition on the part of the accused to give evidence of
Tantoco, 49 Phil. 380; Sec. 11, Rule 76). bad character unless as rebuttal by the prosecution.
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Impeachment of witness by evidence of wrongful acts (Sec. 26, Rule 130)

GENERAL RULE: impeachment of a witness by evidence of
Requisites for Admissions to be Admissible
his particular wrongful acts is disallowed. (1) They must involve matters of fact and not of law;
EXCEPTION: in relation to his prior conviction of an offense (2) They must be categorical and definite;
through cross-examination and or by presenting the record (3) They must be knowingly and voluntarily made;
of his prior conviction. (4) They must be adverse to the admitter’s interests,
otherwise it would be self-serving and inadmissible.
Admissions and Confessions
Admission - Any statement of fact made by a party against

his interest or unfavorable to the conclusion for which he Other Forms of Admissions:
contends or is inconsistent with the facts alleged by him.
It may be verbal or written, express or tacit, or judicial or Verbal or written, express or tacit, judicial or extrajudicial
extrajudicial. (Remedial Law Compendium Vol. II, Regalado) (1) Judicial: One made in connection w/ a judicial
proceedings (conclusive – does not require proof)
(2) Extrajudicial: Any other admissions (Sec 26 to 32)
Express Admissions - are those made in definite, certain and (Rebuttable – requires proof)
unequivocal language.
Admissions by a Party Declarations Against
Implied Admissions - are those which may be inferred from Interest
the acts, declarations or omission of a party. Therefore, an Need not be made against the Must have been made
admission may be implied from conduct, statement of silence proprietary or pecuniary against the
of a party. interest of the party, although proprietary or
of course, it will greatly pecuniary interest of
Res Inter Alios Acta Rule enhance its probative weight if the party
it be so made
“Res Inter Alios Acta Alteri Noceree Non Debet” Made by the party himself and Must have been made
is a primary evidence and by a person who is
Things done between strangers ought not to injure those who are competent though he be present either deceased or
not parties to it. in court and ready to testify unable to testify
Consists of Two Parts: Can be made anytime Must have been made
(1) 1st Part: Sec 28, rule 130 (Admission by a Third Party) ante litem motam
(2) 2nd Part: Sec 34, rule 130 (Similar Acts as Evidence) (spoken before a
lawsuit is brought)
EXCEPTION: to the Rule: When the 3rd person is a
(1) A partner, agent, joint owner, joint debtor, or has a joint
interest with the party (Sec. 29, Rule 130)
(2) A co-conspirator (Sec. 30, Rule 130); or a
(3) A privy of the party(Sec. 31, Rule 130) Admission by a Third Party
GENERAL RULE: The rights of a party cannot be prejudiced
The res inter alios rule ordains that the rights of a party cannot
by an act, declaration, or omission of another. (Sec. 28, Rule
be prejudiced by an act, declaration, or omission of
130)
another. An extrajudicial confession is binding only upon the
confessant and is not admissible against his co-accused. The
Basis of the GENERAL RULE:
reason for the rule is that, on a principle of good faith and
A party is not bound by any agreement to which he has no
mutual convenience, a man’s own acts are binding upon
knowledge and to which he has not given his consent. His
himself, and are evidence against him. So are his conduct and
rights cannot be prejudiced by the declaration, act or omission
declarations. Yet it would not only be rightly inconvenient,
of another exception by virtue of a particular relation between
but also manifestly unjust, that a man should be bound by the
them.
acts of mere unauthorized strangers; and if a party ought not
to be bound by the acts of strangers, neither ought their acts
EXCEPTION: to the Rule: When the 3rd person is a
or conduct be used as evidence against him. (People vs Raquel,
265 SCRA 248, 1996) (1) A partner, agent, joint owner, joint debtor, or has a joint
interest with the party (Sec. 29, Rule 130)
(2) A co-conspirator (Sec. 30, Rule 130); or a
(3) A privy of the party(Sec. 31, Rule 130)
Admission by a Party Basis of the EXCEPTION:
A third party may be so united in interest with the party-
Admission by a Party- a voluntary acknowledgement in
express terms or by implication by a party interest or by opponent that the other person’s admissions may be
another by whose statement he is legally bound, against his receivable against the party himself. The term “privy” is the
orthodox catchword for the relation.
interest, of the existence or truth of a fact in dispute material
to the issue.
Admission by a party may be given in evidence against him.
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Remedial Law
Admission by a Co-Partner or Agent (3) Or by prima facie proof thereof

The act or declaration of a partner or agent of the party
Note: If there is no independent evidence of the conspiracy –
within the scope of his authority and during the existence of
the extrajudicial confession CANNOT be used against his
the partnership or agency, may be given in evidence against
co-accused (res inter alios rule applies to both EXJ and J
such party after the partnership or agency is shown by
admissions)
evidence other than such act or declaration.
Here, there is no need to produce direct evidence -
The same rule applies to the act or declaration of a joint
independent circumstantial evidence will suffice.
owner, joint debtor, or other person jointly interested with
the party. (Sec. 29, Rule 130)
Quantum of Evidence to Prove Conspiracy
Clear and convincing evidence
Rationale: What is done by an agent is done by the principal
Rules on Extrajudicial Admissions Made by a Conspirator
Requisites for This Exception To Apply:
AFTER the conspiracy had terminated and BEFORE the trial
(1) That the partnership, agency, or joint interest is
established by evidence other than the act or declaration General rule: NOT admissible
– Partnership relation must be shown; Exception: Admissible against the co-conspirator IF:
(2) The act or declaration is within the scope of the (1) Made in the presence of the co-conspirator who
partnership, agency or joint interest with regard to a expressly or impliedly agreed therein – as there is tacit
non-partnership affair: The fact that each partner has admission under Sec 32
individually made a substantially similar admission
(2) Where the facts stated in said admission are confirmed
does not render the aggregate admission competent
in the individual extrajudicial confessions made by the
against the firm.
co-conspirators after their apprehension (interlocking
(3) Such act or declaration must have been made during the confessions)
existence of the partnership, agency or joint interest.
(3) As a circumstance to determine the credibility of a
witness
Statements made after the partnership has been dissolved do
not fall within the exception.
(4) As circumstantial evidence to show the probability of the
co-conspirator’s participation in the offense.
BUT if they are made in connection with the winding up of
In order that the Extrajudicial statements of a co-accused
the partnership – such admission is STILL admissible.
may be taken into consideration in judging the testimony of
a witness it is necessary that:
(1) The statements are made by several accused,
Admission by a Conspirator (2) The same are in all material respects identical; and,
The act or declaration of a conspirator relating to the (3) There could have been no collusion among said co-
conspiracy and during its existence, may be given in evidence accused in making such statements.
against the co-conspirator after the conspiracy is shown by
evidence other than such act of declaration. (Sec. 30, Rule 130)
Admission by Privies
Application of the requirement that the conspiracy exists
must primarily be proved by evidence other than the Where one derives title to property from another, the act,
conspirator’s admission. declaration, or omission of the latter, while holding the title,
in relation to the property, is evidence against the former.
Applies ONLY to extrajudicial acts or statements (Sec. 31, Rule 130)
NOT to judicial admission as to a testimony given on the Privity - Mutual succession of relationship to the same rights
witness stand at the trial where the party adversely effected of property.
has the opportunity to cross examine the declarant
Privies - those who have mutual or successive relationship
Requisites for Admissibility: to the same right of property or subject matter (i.e. personal
(1) Such conspiracy is shown by evidence aliunde - representatives, heirs, devises, legatees, assigns, voluntary
Conspiracy must be established by prima facie proof in grantees, or judgment creditors)
the judgment of the court;
(2) The admission was made during the existence of the To be Admissible, The Following Requisites Must Concur:
conspiracy - After the termination of a conspiracy, the (1) There must be a relation of privity between the party and
statements of one conspirator may not be accepted as the declarant;
evidence against any of the other conspirators; (2) The admission was made by the declarant, as
predecessor in interest, while holding the title to the
(3) The admission related to the conspiracy itself.
property;
(3) The admission is in relation to said property.
Should relate to the common object.
The privity in estate may arise by succession, by acts mortis
Existence of the Conspiracy May be Inferred:
causa or by acts inter vivos.
(1) From the acts of the accused
(2) From the confessions of the accused
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Admission by Silence Types of Confessions

(1) Judicial Confession:
It is an act or declaration made in the presence and within
One made before a court in which the case is pending
the hearing or observation of a party who does or says
and in the course of legal proceedings therein
nothing when the act or declaration is such as naturally to
ü By itself, can sustain conviction, even for a capital
call for action or comment if not true, and when proper and
offense
possible for him to do so. (Sec. 32, Rule 130)
ü But for Capital Offenses: there must be evidence
presented other than the plea of guilty, also proof
To be Admissible the following Requisites Must Concur:
that such plea was made voluntarily and w/ full
(1) He must have heard or observed the act or declaration
comprehension
of the other person;
(2) Extrajudicial (EX-J) Confession:
(2) He must have had the opportunity to deny it
One made in any other place or occasion
(3) He must have understood the statement;
(4) He must have an interest to object, such that he would
General Rule: Cannot sustain a conviction
naturally have done so, as if the statement was not true;
Exception: Unless corroborated by evidence of the corpus
(5) The facts are within his knowledge;
delicti
(6) The fact admitted or the inference to be drawn from his
silence is material to the issue. (People v. Pabrua, 1990)
Requirements for the Admissibility of Extrajudicial
Confessions
The rule on admission by silence applies:
(1) The confession must involve an express and categorical
(a) Where a person was surprised in the act; or,
acknowledgment of guilt;
(b) Even if he is already in the custody of the police.
(2) The facts admitted must be constitutive of a criminal
Note: Applies to both civil and criminal cases.
offense;
(3) The confession must have been given voluntarily;
NO ADMISSION BY SILENCE WHEN:
(4) the confession must have been intelligently made, the
1. Silence of an accused under custodial investigation
accused realizing the importance or legal significance of
2. Where the failure to answer was caused by constraint, or
this act;
3. The party was not aware at the time that he had an
(5) There must have been no violation of Section 12, Art. III
interest, or
of the 1987 Constitution. (Rights in custodial
4. The party believed that he had no interest or was only
investigation)
indirectly affected
Similar Acts as Evidence

Confessions
General rule: Evidence that one did or did not do a certain
Confession - A categorical acknowledgement of guilt made
thing at one time is not admissible to prove that he did or
by an accused in a criminal case, w/o any exculpatory
did not do the same or similar thing at another time. (Sec. 23,
statement or explanation.( Regalado)
Rule 130)
Exception: Where the evidence or similar acts may prove:

The declaration of an accused acknowledging his guilt of the
(1) A specific intent or knowledge;
offense charged, or of any offense necessarily included
therein, may be given in evidence against him. (Sec. 33, Rule (2) Identity;
130) (3) A plan, system or scheme;
(4) A specific habit; or
IF the accused admits the act BUT alleges a justification – it is (5) Established customs, usages and the like
merely an admission
Basis: Evidence must be confined to the point in issue in the
Admissions Confessions case on trial. Evidence of collateral offenses must not be
Do not directly involve Stating or received as substantive evidence of the offense on trial.
acknowledgment of the guilt acknowledging that he
of the accused or the criminal had committed or Purpose: To compel the defendant to meet charges of which
intent to commit the offense participated in the the indictment gives him no information, confuses him in his
with which he is charged. commission of a crime defense, raises a variety of issues, and thus diverts the
Usually applied in criminal Declaration made at attention of the court from the charge immediately before it.
statements of fact by the any time
accused Examples of the Exceptions:
(1) Evidence of another crime is admissible in a prosecution
for robbery:
Confession of Judgment in Civil Cases = Admission of ü When it has the tendency to identify the accused or
Liability show his presence at the scene of the crime
û NOT where the evidence is to prove a commission
Forms of Confession: of another crime wholly independent of that which
(1) Oral and under oath is on trial.
(2) In writing (need not be under oath) (2) Previous acts of negligence, is admissible to show
Note: Sec 33 refers to EX-J Confessions knowledge or intent.
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Also known as “Ante Mortem Statements” or “Statement in

Hearsay Rule Articulo Mortis”
General Rule: A witness can testify only to those facts which Requisites for DDs to be Admissible:
he knows of his personal knowledge, derived from his own
(1) That the death is imminent and the declarant is
personal perception.
conscious of such fact;
DOCTRINE OF INDEPENDENTLY RELEVANT
(2) That the declaration refers to the cause and the
surrounding circumstances of such death;
STATEMENTS
A witness may testify to the statements made by a person if, (3) That the declaration refers to the facts which the victim
for instance, the fact that such statements were made by the is competent to testify to;
latter would indicate the latter’s mental state or physical (4) That the declaration is offered in a case wherein the
condition; Independent of whether the facts stated are true, declarant’s death is subject of the inquiry (the victim
they are relevant since they are the facts in issue or are necessarily must have died);
circumstantial evidence of the facts in issue.(Regalado) (5) That the statement must be complete in itself.
In order for a dying declaration to be held admissible, four

requisites must concur: first, the declaration must concern the
cause and surrounding circumstances of the declarant's
Meaning of Hearsay death; second, at the time the declaration was made, the
Evidence not proceeding from personal knowledge of the declarant must be under the consciousness of an impending
witness, but from the mere repetition of what he has heard death; third, the declarant is competent as a witness; and
others say. (Black’s Law Dictionary, 5th Ed., p. 649) fourth, the declaration must be offered in a criminal case for
homicide, murder, or parricide, in which the declarant is the
victim. (People v Serenas & Labad, 2010)
Affidavit is merely hearsay evidence as hearsay where its
affiant/maker did not take the witness stand. (Dantis vs. A dying declaration to be admissible must be complete in
Maghinang, 2013) itself. To be complete in itself does not mean that the declarant
must recite everything that constituted the res gestae of the
subject of his statement, but that his statement of any given
fact should be a full expression of all that he intended to say
Reason for Exclusion of Hearsay Evidence
as conveying his meaning in respect of such fact.
Due to the trustworthiness and reliability of hearsay
evidence. Because such evidence: The reason upon which incomplete declarations are generally
(1) was not given under oath or solemn affirmation; and excluded, or if admitted, accorded little or no weight, is that
(2) was not subject to cross-examination by opposing since the declarant was prevented (by death or other
counsel to test the perception, memory, veracity and circumstance) from saying all that he wished to say, what he
articulateness of out-of- court declarant or actor upon did say might have been qualified by the statements which he
whose reliability on which the worth of the out-of-court was prevented from making. That incomplete declaration is
testimony depends. not therefore entitled to the presumption of truthfulness
which constitutes the basis upon which dying declarations
are received. In this case, the dying declaration was not
complete.(People v De Joya, 203 SCRA 343)
Exceptions to the Hearsay Rule
1. Dying Declaration (Sec. 37, Rule 130) A statement may nor be admissible as a dying declaration, but
2. Declaration Against Interest (Sec. 38) may be admissible as part of res gestae (Pp vs. Hernandez;
3. Pedigree (Sec. 39) People vs. Laquinon)
4. Family Tradition (Sec. 40)
5. Res Gestae (Sec. 41)
6. Common Reputation (Sec. 42)
7. Entries Made in the Ordinary Course of Business (Sec. 43) Declaration Against Interest
8. Official Records (Sec. 44)
9. Commercial List (Sec. 45) It is the declaration made by a person deceased, or unable to
10. Prior Testimony (Sec. 47) testify, against the interest of the declarant, if the fact is
asserted in the declaration was at the time it was made so far
contrary to declarant's own interest, that a reasonable man in
his position would not have made the declaration unless he
believed it to be true.
Dying Declaration
There is a vital distinction between admissions against
Dying Declaration (DD) - Statements made by a person interest and declarations against interest:
after the mortal wound has been inflicted under the belief
that the death is certain, stating the fact concerning the cause Admissions against interest are those made by a party to a
of and the circumstances surrounding the attack. (People v. litigation or by one in privity with or identified in legal
Velasco Jr., 2007)
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interest with such party, and are admissible whether or not account of the hearsay doctrine. However, if a man
the declarant is available as a witness. deliberately acknowledged himself to be the perpetrator of a
crime and exonerated the person charged with the crime, and
Declarations against interest are those made by a person there was other evidence indicative of the truthfulness of the
who is neither a party nor in privity with a party to the suit, statement, the accused man should not be permitted to go to
are secondary evidence, and constitute an exception to the prison or to the electric chair to expiate a crime he never
hearsay rule. (Lazaro vs. Agustin, 2010) committed. (People v. Toledo, 1928)
DECLARATIONS ADMISSIONS Against

Against Interest Interest
Made by a person who is Made by a party to a Act or Declaration about Pedigree
neither a party nor in litigation or by one in
privity with a party to privity with or identified Pedigree - includes relationship, family genealogy, birth,
the suite. in legal interest with such marriage, death, the dates when and the places where these
party fast occurred, and the names of the relatives. It embraces also
Secondary Evidence Primary Evidence facts of family history intimately connected with pedigree.
Exception to the Hearsay Covered by the Hearsay
Rule Rule Requisites in Order that Pedigree May be Proved by Acts or
Admissible ONLY when Admissible w/n the Declarations of Relatives
the declarant is declarant is available as a (a) The declarant is dead or unable to testify.
UNavailable as a witness witness (b) The pedigree must be in issue.
Must be made ante litem May be made at any time (c) The declarant must be a relative of the person whose
motam (before the before/during the trial pedigree is in issue.
controversy) (d) The declaration must be made before the controversy
May be admitted against Used ONLY against the arose.
himself/successor in party admitting. (e) The relationship between the declarant and the person
interest and against 3rd whose pedigree is in question must be shown by
parties evidence other than such declaration. (Mendoza v. CA,
Tunacao, 1991)
Requisites in Order for a Statement to be Admissible as a
DAI Pedigree May be Established or Proved By:
(a) The act or declaration of a relative (sec 39)
(1) the declarant must not be available to testify;
(b) The reputation or tradition existing in his family (Sec 40)
(2) the declaration must concern a fact cognizable by the (c) Entries in Family Bibles (Sec 40)
declarant; and
(d) With respect to marriage, by common reputation in the
(3) the circumstances must render it improbable that a community (Sec 41)
motive to falsify existed. (Fuentes v. CA, 1996) Nevertheless, pedigree may be proved by other species of
direct primary evidence.
Reasons for such Admission: Note: The relationship must preliminarily be proved by direct
(1) Necessity or circumstantial evidence.
such declarations are the only mode of proof available
(2) Trustworthiness No specific degree of relationship is required
persons do not make statements that are
disadvantageous to themselves without substantial BUT the weight to which such act or declaration is entitled
reason to believe that the statements are true. Self- may be affected by the degree of relationship
interest induces men to be cautious in saying anything
against themselves. Note: Reputation between the declarant and the person
subject of inquiry must be legitimate unless the issue is the
Interest covered: legitimacy itself.
(1) Proprietary interest
(2) Penal interest
(3) Pecuniary interest
Family Reputation or Tradition regarding Pedigree
Note: It is essential that at the time of the statement, the The reputation or tradition existing in a family previous to
declarant’s interest affected is actual/real/apparent not the controversy, in respect to the pedigree of any one of its
merely contingent/future/conditional members, may be received in evidence if the witness
testifying thereon be also a member of the family, either by
Self- Serving Declaration- Statements favorable to or consanguinity or affinity.
intended to advance the interests of the declarant
ü It is inadmissible as being hearsay if the delcarant is Entries in family bibles or other family books or charts,
unavailable as a witness engravings on rings, family portraits and the like, may be
ü Opposite of DAI received as evidence of pedigree.
The general rule is stated to be that the declaration of a person Requisites:

other than accused confessing or tending to show that he
(1) that there is a controversy in respect to the pedigree of
committed the crime are not competent for accused on
any of the members of a family;
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(2) that the reputation or tradition of the pedigree existed General Interest = Those affecting inhabitants of a particular
previous to the controversy; and region or community
(3) that the witness testifying to the reputation or tradition Character = Inherent qualities of a person
regarding the pedigree of the person must be a member Reputation = Opinion of him by others (Should be existing
of the family of said person. (People v. Opiana, 2001) in his place of residence, but may also exist in a place where
he is known best)
The word "pedigree" under Section 39 of the same Rule
includes relationship, family genealogy, birth, marriage, NOTE: Here, character is permitted to be established by his
death, the dates when and places where these facts occurred common reputation
and the names of relatives. (Id.)
Evidence of Negative Good Repute
Note: A statement as to one’s date of birth and age as learned Where the foundation proof shows that the witness was in
from parents or relatives is an ante litem motam declaration of such position that he would have heard reports derogatory to
family tradition one’s character, the reputation testimony may be predicated
on the absence of reports of bad reputation or on the fact that
Such statement prevails over a mere opinion of a trial judge the witness heard nothing against the person.
BUT cannot prevail over a secondary statement of the father
Family Tradition
Section 39 Section 40 Testimony made by a witness regarding a declaration made
Act or declaration against Family reputation or by someone deceased, when both the witness and the
pedigree tradition regarding declarant are members of the same family, is admissible as
pedigree evidence of family tradition.
Witness need not be a Witness is a member of
Common Reputation:
member of the family the family
Evidence may be given upon trial of monuments and
Testimony is about what Testimony is about family inscriptions in public places as evidence of common
declarant, who is dead or reputation or tradition reputation; and entries in family Bibles or other family books
unable to testify, said covering matters of or charts; engravings on rings, family portraits and the like,
concerning the pedigree of pedigree. as evidence of pedigree.
the declarant’s family
Relation bet the declarant The witness himself is the
and the person subject of one to whom the fact
inquiry must be established relates. No need to
by independent evidence establish relationship by Part of the Res Gestae
independent evidence. Res Gestae which means “things done”.
Res gestae refers to statements made by the participants or

Common Reputation the victims of, or the spectators to, a crime immediately
before, during, or after its commission. These statements are
Common Reputation - The definite opinion of the a spontaneous reaction or utterance inspired by the
community in which the fact to be proved is known or exists. excitement of the occasion, without any opportunity for the
It means the general or substantially undivided reputation, as declarant to fabricate a false statement. An important
distinguished from a partial or qualified one, although it need consideration is whether there intervened, between the
not be unanimous.( Regalado) occurrence and the statement, any circumstance calculated to
divert the mind and thus restore the mental balance of the
REQUISITES FOR COMMON REPUTATION declarant; and afford an opportunity for deliberation. (People
(1) The subject of inquiry must be facts of public or general v. Calunsag, 2014)
interest more than 30 years old, respecting marriage or
moral character; Factors to consider in determining whether statements
(2) The evidence must refer to facts ante litem motam; offered as part of res gestae have been made
(3) The facts may be established by: spontaneously
(a) Testimonial evidence of competent witness; (1) the time that has lapsed between the occurrence of the
(b) Monuments and inscription in public places; act or transaction and the making of the statement;
(c) Documents containing statements of reputation. (2) the place where the statement is made;
(3) the condition of the declarant when the utterance is
Common Reputation or General Reputation is Admissible to given;
Prove
(4) the presence or absence of intervening events between
(1) Facts of public interest more than 30 years old
the occurrence and the statement relative thereto; and
(2) Facts of general interest more that 30 years old
(3) Marriage
(5) the nature and the circumstances of the statement itself.
(Id.)
(4) Moral Character
Note: Common reputation must have existed ante litem
motam
2 GENERAL CLASSES OF DECLARATION:
Definition of terms: (1) Spontaneous statements: Statements in connection
Public Interest = Those of National Interest with a startling occurrence relating to that fact and in
effect forming part thereof. (Sec. 42, Rule 130)
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(2) Verbal Acts: Statements accompanying an equivocal act,

on the theory that they are the verbal parts of the act to WHEN MUST THE STATEMENT OR ACT BE MADE:
be explained. (Sec. 42, Rule 130) General Rule: While the declarant was under the immediate
influence of the startling occurrence. Hence, done
Requisites for Res Gestae Requisites for Res immediately prior, during or subsequent to the events.
No 1: Spontaneous Gestae No 2: Verbal
Statements Acts Exception:
(1) The principal act, the (1) The res gestae or ü If the declarant was unconscious – statements
res gestae, be a startling principal act or to be regarding the event will still be admissible
occurrence; characterized must ü If the declarant did not have the opportunity to concoct
(2) The statements were be equivocal; or contrive a story – it is still admissible even if
made before the (2) Such act must be statement was made after hours
delcarant had the material to the issue
opportunity to (3) The statements must Statements or Outcries as Part of Res Gestae are Admissible:
contrive accompany the (1) To establish the identity of the assailant
(3) The statements must equivocal act. (2) To prove the complicity of another person in the crime
refer to the occurrence (4) The statements give (3) To establish an admission of liability on the part of the
in question and its a legal significance accused
attending to the equivocal act
circumstances
(4) The statement must be Entries in the Course of Business
spontaneous.
The res gestae is the The res gestae is the SHOP BOOK RULE (Sec. 43, Rule 130)
startling occurrence equivocal act. Requisites:
(1) The person who made the entry must be dead or unable
Statements may be made Verbal act must be
to testify.
prior, during or contemporaneous with
(2) The entries were made at or near the time of the
immediately after the or accompany the
transaction to which they refer;
startling occurrence. equivocal act.
(3) The entrant was in a position to know the facts stated in
the entries;
Requisites for Admissibility of Res Gestae: (4) The entries were made in his professional capacity or in
The statement must be: the performance of a duty whether legal, contractual,
(1) Be Spontaneous;
moral or religious; and
(2) Made while a startling occurrence is taking place or
(5) The entries were made in the ordinary or regular course
immediately prior or subsequent; of business or duty.
(3) Relates to the circumstances of the startling occurrence;
and Rules for Admissibility of Business Entries
(4) Must be involuntary and simultaneously wrung from
(1) If the Entrant is Available as a Witness – the entries will
the witness by the impact of the occurrence be INADMISSIBLE as an exception to the hearsay rule.
ü They may be used as a memo to refresh his memory
Reasons for Admission while testifying in the transaction
(1) Necessity - Natural and spontaneous utterances are (2) There is no necessity to bring into court all the clerks or
more convincing than the testimony of a person on the employees who individually made the entries.
stand. (3) It is sufficient that the person who supervises the work
(2) Trustworthiness - The statement is made indistinctively. of the employees testify:
The facts speaking thru the party and not the party ü That the account was prepared under his
speaking thru the facts. supervision.
ü That the entries were entered in the ordinary course
Res Gestae in Dying Declarations of business.
connection with a (4) There is no precise moment required when the entries
homicidal act should be made – it is sufficient if it is made w/in a
May be made by the Can be made only by the reasonable time while the memory of the facts is
killer himself after or victim. unimpaired.
during the killing OR
that of a 3rd person. Probative Value: Prima Facie of the facts stated therein
May precede or be Made only after the
made after the homicidal attack has been
homicidal attack was committed. Entries in Official Records
committed.
Justification in the Trustworthiness based Those made in the performance of his duty by a public
spontaneity of the upon in its being given in officer of the Philippines, or by a person in the performance
statement. awareness of impending of a duty specially enjoined by law.
death.
Requisites for Admissibility of Official Records
(1) Entries were made by: (i) a public officer in the
Note: If both elements for res gestae and dying declarations
performance of his duties; or (ii) by a person in the
are present – they may be admitted as both.
performance of a duty specially enjoined by law;
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(2) The entrant had personal knowledge of the facts stated testify to the innumerable transactions in the course of his
by him or such facts were acquired by him from reports duty. The document's trustworthiness consists in the
made by persons under a legal duty to submit the same; presumption of regularity of performance of official duty.
and (Dimaguila v. Monteiro, 2014)
(3) Such entries were duly entered in a regular manner in
the official records. (Alvarez v. PICOP Resources, 2009). The written entries in the clinical case are prima facie
evidence of the facts therein stated, the said entries having
Reasons for Admission been made in official records by a public officer of the
(1) Necessity Philippines in the performance of his duty especially enjoined
Practical impossibility of requiring the official’s by law, which is that of a physician in a government hospital.
attendance as a witness to testify to the innumerable (People v. Leones, 117 SCR 382)
transactions occurring in the course of his duty.
(2) Trustworthiness Entries in official records, as in the case of a police blotter, are
there is a presumption of regularity in the performance only prima facie evidence of the facts therein stated. They are
of official duty. not conclusive. The entry in the police blotter is not
necessarily entitled to full credit for it could be incomplete
Examples of Official Records: and inaccurate, sometimes from either partial suggestions or
• A register, a cash book, or an official return or certificate, for want of suggestions or inquiries, without the aid of which
• motor vehicle accident report (if made in the the witness may be unable to recall the connected collateral
performance of the officer’s duties, at about the time of circumstances necessary for the correction of the first
the accident, based on information given as personal suggestion of his memory and for his accurate recollection of
knowledge) all that pertain to the subject. It is understandable that the
• Sheriff’s return (statement in the performance of a duty testimony during the trial would be more lengthy and
especially enjoined by law) – no need for the sheriff to detailed than the matters stated in the police blotter.(People v.
testify Ortiz, 1996)
Entries in the Course of Entries in Official Records

Business (Sec 43) (Sec 44) Commercial Lists
Entries are made by a No such requirement
person who is dead or For a document to quality as a commercial list, and hence be
unable to testify an exemption to the hearsay rule, the statement of matters
contained in a periodical, may be admitted only "if that
Needs authentication No need
compilation is published for use by persons engaged in that
Best evidence rule applies Exception to the best occupation and is generally used and relied upon by them
evidence rule therein." (Meralco vs. Quisumbing, 2000)
Entries are made pursuant The entrant is a public
to a duty, either legal, officer, or if a private Requisites for Admissibility:
contractual, moral or individual, must have acted (1) it is a statement of matters of interest to persons engaged
religious pursuant to a legal duty in an occupation;
(2) such statement is contained in a list, register, periodical
Note: The entrant must have been competent with respect to or other published compilation;
the facts stated in his entries. (3) said compilation is published for the use of persons
engaged in that occupation, and
Entries made by a priest in the register of the facts of (4) it is generally used and relied upon by persons in the
baptism are NOT admissible to prove the date of birth or its same occupation.(PNOC Shipping and Transport Corp. v.
relation to persons CA, 1998)
A priest is not competent to testify to the truth of these facts. Reasons for Admission:
(1) Necessity - Because of the unusual accessibility of the
BUT church registries are ADMISSIBLE as evidence of the persons responsible for the compilation of matters
facts with respect to marriage solemnized by the priest (BUT contained in a list, register, periodical or other published
needs to be authenticated) compilation and tremendous inconvenience it would
cause to the court if it would issue summons to these
If the certificate is transmitted to a public officer – it is numerous individuals.
admissible w/o a need for prior authentication. (2) Trustworthiness - They have no motive to deceive and
they further realize that unless the list, register,
Entries in Official Records May be Proved periodical or other published compilation are prepared
(See Sec 24 and 25 Rule 132) with care and accuracy, their work will have no
commercial and probative value.
Probative Value: prima facie of the facts stated therein
Ex. Mortality tables, annuity tables
The rule provides that entries in official records made in the
performance of the duty of a public officer of the Philippines,
or by a person in the performance of a duty specially enjoined
by law, are prima facie evidence of the facts therein stated.
The necessity of this rule consists in the inconvenience and
difficulty of requiring the official's attendance as a witness to
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Learned Treaties testimony and its trustworthiness. However, before the former
testimony or deposition can be introduced in evidence, the
Learned Treaties i.e. published treatise, periodical or
proponent must first lay the proper predicate therefor. (Republic v.
pamphlet on a subject of history, law, science, or art as
Sandiganbayan, et al., 2011)
tending to prove the truth of a matter stated therein.
Rule on Admissibility of Prior Judgment (Not testimony)
Requisites for Admissibility
(1) A judgment in a criminal proceeding cannot be read in
(1) That the court takes judicial notice thereof; or
evidence in a civil action against a person not a party
(2) The same are testified by a witness expert on the subject
thereto to establish any fact therein
(2) The mater is res inter alios and cannot invoked as res
Reasons for admission
judicata
(1) Necessity - Even if such person is legally procurable, the
(3) It may only be admitted in a civil case by way of
expense is frequently disproportionate.
inducement or to show a collateral fact relevant to the
(2) Trustworthiness - Learned writers have no motive to
issue in the civil action
misrepresent. He is aware that his work will be carefully
(4) It may not be admitted to prove the plaintiff’s action or
scrutinized by the learned members of his profession
the defendant’s defense – it is not binding upon the
and that he may be subject to criticisms and ultimately
parties in the civil action
rejected as an authority of the subject matter if his
conclusions are found to be invalid
Ratio: Parties are not the same and different rules of evidence
are applicable to each
Petitioners cited various scientific studies or articles and
HOWEVER, in Miranda v. Malate: Judgment of conviction
websites culled from the Internet. However, the said scientific
in the absence of collusion between the accused and the
studies and articles attached to the Petition were not testified
offended party is binding and conclusive to a person
to by an expert witness, and are basically hearsay in nature
subsidiarily liable with regard to his liability and to the amount
and cannot be given probative weight. (Sec. Paje v. Cong.
thereof.
Casino, 2015)
Testimony or Deposition at a former Trial Opinion Rule
Requisites for Admissibility Opinion - An inference or conclusion drawn from facts

(1) The testimony or deposition of a witness deceased or observed.
otherwise unable to testify;’
(2) The testimony was given in a former case or proceeding, General rule: Witnesses must give the facts. Their opinion is
judicial or administrative; INADMISSIBLE
(3) Involving the same parties; Exceptions: Opinion of the Witness is Admissible (Sec 49 &50,
(4) Relating to the same matter; Rule 130)
(5) The adverse party having had the opportunity to cross- (1) On a matter requiring SPECIAL knowledge, skill,
examine him. (Republic v. Sandiganbayan, et al., GR No. experience or training which he is shown to possess, that
152375, December 16, 2011) is when he is an expert (Sec 49);
(2) Regarding the identity or the handwriting of a person,
when he has knowledge of the person or handwriting,
Inability to Testify whether he is an ordinary or expert witness (Sec 50 a &
b)
Inability proceeding from a grave cause, almost amounting to (3) On the mental sanity of a person, if the witness is
death (ex. Losing one’s power of speech) sufficiently acquainted with the former or if the latter is
Subsequent failure or refusal to appear at the second trial, or an expert witness (Sec 50c)
hostility since testifying at the first trial does NOT amount to (4) On the emotion, behavior, condition, or appearance of a
such inability (Griffith vs. Sauls, 77 Tex 630, 14 S.W. 230, 231; person which he has observed; and (Sec 50d)
Sec. 37, Rule 123) (5) On ordinary matters known to all men of common
perception, such as the value of ordinary household
articles (Galian v. State Assurance Co., Ltd.)
Actions may be Essentially Different
Testimony given in a civil case is admissible in a subsequent Reason for the Rule: It is for the court to form an opinion
criminal case PROVIDED the above requisites are met. concerning the facts in proof of which evidence is offered.
Witnesses must testify to facts w/in their knowledge and
Reasons for admission not their opinions.
(1) Necessity - Former could no longer testify
(2) Trustworthiness - Since such had been given in a former
action under oath, where witness was or might have
been cross examined (Republic v. Sandiganbayan, et al.
2011) Opinion of Expert Witness
Expert Witness - one who belongs to the profession or
The reasons for the admissibility of testimony or deposition
calling to which the subject matter of the inquiry relates and
taken at a former trial or proceeding are the necessity for the
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who possesses special knowledge on questions on which he court in the determination of the issue before it, and is for the
proposes to express an opinion.(People v. Abriol, 2001) court to adopt or not to adopt depending on its appreciation
of the attendant facts and the applicable law (Tabao v. People,
Test: Whether the opinion called for will aid the fact finder 2011).
in resolving an issue
Degree of Skill or Knowledge Required of an Expert Witness

There is no definite standard of determining the degree of
skill or knowledge that a witness must possess in order to Opinion of Ordinary Witness
testify as an expert. Ordinary Opinion Evidence - that which is given by a
witness who is of ordinary capacity and who has by
It is sufficient that the following factors are present: opportunity acquired a particular knowledge which is
(1) Training and education outside the limits of common observation and which may be
(2) Particular, first hand familiarity with the facts of the case of value in elucidating a matter under consideration.
(3) Presentation of authorities or standards upon which his
opinion is based. (Id.) May Be Received in Evidence Regarding:
(a) The identity of a person about whom he has
Requisites for Admissibility of Expert Evidence - only if: adequate knowledge;
(1) The matter to be testified to is one that requires expertise, (b) A handwriting with which he has sufficient
and familiarity; and
(2) The witness had been qualified as an expert (c) The mental sanity of a person with whom he is
sufficiently acquainted.
Value of an Expert Witness:
It is NOT conclusive BUT purely advisory. The courts are The witness may also testify on his impressions of the
not bound by the expert’s findings. emotion, behavior, condition or appearance of a person. (Sec.
50, Rule 130)
Rules on Expert Testimony
(1) Courts must consider all the circumstances of the case Shorthand Rendering of Facts
(expert’s qualifications, experience and degree of Instantaneous conclusions of the mind. The witness may
learning, the basic and logic of his conclusions and other testify as to the emotion, behavior, condition or appearance of
evidence on record) a person
(2) The value of expert testimony depends largely on the
The court said that the genuineness of a handwriting may be
extent of the experience or studies of such expert.
proved by (not mandatory): Witness who actually saw the
person writing the instrument, Witness familiar with the
Note: An expert witness may base his opinion either on the
handwriting and give his opinion thereto, opinion being an
first-hand knowledge of the facts or on the basis of
exception to the opinion rule, Comparison by the court of the
hypothetical questions where the facts are presented to him
questioned and admitted genuine specimen, Expert evidence.
and on the assumption that they are true, formulates his
In order to bring about an accurate comparison and analysis,
opinion on the hypothesis.
the standards of comparison must be as close as possible in
point of time of the suspected signature.(Domingo v. Domingo,
2005)
Probative Value of Expert Evidence
EXPERT WITNESS RULE DISTINGUISHED FROM
ONLY when the subject of inquiry is of such a technical
ORDINARY WITNESS RULE
nature that a layman can possibly have no knowledge
thereof that courts must depend and rely upon experts. Expert Witness Ordinary Witness
(Sec. 49, Rule (Sec. 50, Rule 130)
Conflicting expert evidence have neutralizing effect on 130)
contradictory conclusions. They generate doubt. Establish Establish “Sufficient
possession of familiarity”,
A non-expert private individual, may examine certain special skill, “adequate
Qualification
contested documents, it is not necessarily null and void if knowledge or knowledge” or
there are facts w/in his knowledge which may help the court training “Sufficient
in the determination of the issue. acquaintance”
COURTS ARE NOT BOUND BY EXPERT’S TESTIMONY.

Section 49, Rule 130 of the Revised Rules of Court states that
the opinion of a witness on a matter requiring special
knowledge, skill, experience or training, which he is shown to
possess, may be received in evidence. The use of the word "may"
signifies that the use of opinion of an expert witness is permissive
and not mandatory on the part of the courts. Allowing the
testimony does not mean, too, that courts are bound by the
testimony of the expert witness. The testimony of an expert
witness must be construed to have been presented not to
sway the court in favor of any of the parties, but to assist the
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Upon Matter is as regards: shall not be admitted unless, and only to the extent that
concurrence of: the identity of a the court finds that such evidence is material and
Subject requires person about whom relevant to the case. (RA 8505)
that court seeks he has adequate
aid of men knowledge; Ratio: To avoid unfair prejudice to the accused who may be
specially skilled; A handwriting with convicted because of such character.
Witness is an which he has
When
expert who sufficient
Admissible
possess the familiarity; and
Character Evidence in Civil Cases
special skill, The mental sanity of
knowledge or a person with whom General rule: Moral Character of either party can NOT be
experience he is sufficiently proved
required; and acquainted.
Relevant to the Exception: Unless it is pertinent to the issue of character
matter in issue Evidence is relevant involved in the case
Hypothetical Must be based Cannot be based on
Questions on such such Note: Here, the issue involved must be character. (Ex. Civil
actions for damages arising from the offenses of libel slander
or seduction)
In BOTH Criminal and Civil Cases

Character Evidence BAD moral character of a witness may always be proved by
either party but NOT evidence of his character, UNLESS it
Character- The aggregate of the moral qualities which belong has been impeached.
to and distinguish an individual person.
Character Reputation
Possession of person of what a person is said,
certain qualities of mind, estimated, supposed or OFFER & OBJECTION
morals, distinguishing him thought to be by others
from others
Internal External Offer of Evidence
Reality Accepted reality by
others The court shall consider no evidence which has not been
formally offered. The purpose for which the evidence is
Substance Shadow
offered must be specified. ( Sec. 34, Rule 132, Rules of Court)
Rules on the Admissibility of Character Evidence:
General rule: The court shall consider no evidence, which has
General Rule: Character evidence is NOT admissible in
not been formally offered. The purpose for which the
evidence
evidence is offered must be specified.
Exception: If there was repeated reference thereto in the
Ratio: The evidence of a person’s character does not prove
course of the trial by adverse party’s counsel and of the
that such person acted in conformity with such character or
court, indicating that the documents were part of the
trait in a particular occasion.
prosecution’s evidence.
Two requisites must concur:

Character Evidence in Criminal Cases (1) The document must have been duly identified by
testimony duly recorded.
General rule: The prosecution may not prove the BAD Moral (2) The document must have been incorporated to the
Character (MC) of the accused which is pertinent to the records of the case.
moral trait involved in the offense charged. (Laborate v. Pagsanhan Tourism Consumers Cooperative, 2014)
Exception: The prosecution may prove BAD MC at the Evidence may be considered despite failure to formally offer
rebuttal stage - IF the accused, in his defense attempts to if exhibits which were not formally offered by the
prove his GOOD MC. prosecution were repeatedly referred to in the course of the
trial by the counsel of the accused. (People v. Vivencio De
GOOD or BAD MC of the offended party may always be Roxas et al., 1962)
proved if such evidence tends to establish the probability or
improbability of the offense charged. PURPOSE WHY OFFER MUST BE SPECIFIED
To determine whether that piece of evidence should be
Exception to the exception: Proof of the bad character of the admitted or not because such evidence may be admissible for
victim is not admissible: several purposes under the doctrine of multiple admissibility.
(a) In a murder case: If the crime was committed through
treachery and evident premeditation It must be rejected if it is inadmissible for the purpose stated
(b) In a rape case: If through violence and intimidation even if it is admissible for another purpose.
(c) In prosecution for rape, evidence of complainant’s past
sexual conduct, opinion thereof or of his/her reputation
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When to Make an Offer Evidence identified and marked as exhibits may be

withdrawn before the formal offer thereof or may not at all be
As regards the testimony of a witness, the offer must be offered as evidence.
made at the time the witness is called to testify.
If they are not formally offered in evidence – such cannot be
Documentary and object evidence shall be offered after the considered as evidence nor can they be given any evidentiary
presentation of a party's testimonial evidence. Such offer value.
shall be done orally unless allowed by the court to be done
in writing, (Sec. 35, Rule 132, Rules of Court) Note: The SC has admitted evidence to prove mitigating
circumstance even if they are not presented or offered in
When to Make an Offer depending on its form: evidence considering the gravity of the offense and the
Testimonial/Oral Documentary and Object interest of justice.
Evidence Evidence
At the time the witness is After the party has
called to testify presented his testimonial
evidence, before he rests
Oral Evidence is Always Offered only once Objection
Offered 2x:
Rules on making an objection:
Before the witness testified
a. Objection to evidence offered orally must be made
Every time a question is
immediately after the offer is made.
asked of him (implied offer)
b. Objection to a question propounded in the course
of the oral examination of a witness shall be made
as soon as the grounds therefor shall become
Procedure Before Documentary and Object Evidence Can be reasonably apparent.
Considered by the Court c. An offer of evidence in writing shall be objected to
within three (3) days after notice of the offer unless
a different period is allowed by the court.
Marking d. In any case, the grounds for the objections must be
specified. (Sec. 36, Rule 132, Rules of Court)
To facilitate their identification. May be made during pre-trial
or trial.
NOTE: If objections are not made within the time specified, it
is deemed waived.
Identification
Proof that the document being presented is the same one Classifications of Objections
referred to by the witness in his testimony
General Objection Specific Objection
It does not go beyond declaring the It states why or how
evidence as immaterial, the evidence is
Authentication
incompetent, irrelevant or irrelevant or
Proof of a document’s due execution and genuineness. inadmissible. It does not specify incompetent.
the grounds for objection.
“Broadside Objection”
Formal Offer
Requirements to Exclude Inadmissible Evidence:
After the termination of the testimonial evidence, the (1) One has to object to the evidence
proponent will then make a formal offer and state the purpose (2) The objection must be timely made and
for which the document is presented. If the evidence is (3) The grounds for the objection must be specified (specific
excluded, an offer of proof. objections)
Objections Effect of General Objection

It is only when the proponent rests his case and formally Failure to specify the grounds is a waiver of objection.
offers the evidence that an objection may be made. Objection
prior thereto is premature BUT when evidence is excluded upon a mere general
objection, the ruling will be upheld IF any ground in fact
If there is a stipulation on its due execution and genuineness: existed for the exclusion.
a. Authentication is NOT needed in public
documents. WHEN TO MAKE OBJECTIONS
b. Marking and identifying of evidence as an exhibit Offer Time to Object
does NOT mean that it has been offered as part of Offered orally Made immediately after the
evidence. offer is made
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Question propounded Made as soon as the grounds prejudice the rights of the client since there would be no way
in the course of the oral thereof shall become of knowing if one would be compelled to meet any evidence.
examination of a reasonably apparent
witness The attorney must inform the court of the lack of ruling –
Offer of evidence in W/in 3 days after notice of the IF NOT:
writing offer unless a different period is General rule: The case cannot be reopened on such ground.
allowed by the court. The right to object is deemed waived and cannot be raised
on appeal.
Exception: When there is a serious prejudice on substantial
Note: the formal offer of evidence at the time the witness is rights – the appellate court may consider it a reversible error.
called to testify is necessary to enable the court to intelligently Exception to the exception: Unless the parties present a
rule on any objection. question to which the court desired to inform itself before
a. Proponent must: Show its evidence, materiality making its ruling.
and competence
b. Adverse party must: Promptly raise any objection Here, it is proper for the court to take reasonable time to study
thereto the questions.
Note: A document admitted not as an independent evidence

but merely as part of the testimony of a witness does NOT
constitute proof of the facts related therein.
Striking Out of an Answer
Should a witness answer the question before the adverse

party had the opportunity to voice fully its objection to the
Repetition of an Objection
same, and such objection is found to be meritorious, the
court shall sustain the objection and order the answer given
When it becomes reasonably apparent in the course of the to be stricken off the record.
examination of a witness that the questions being
propounded are of the same class as those to which objection On proper motion, the court may also order the striking out
has been made, whether such objection was sustained or of answers which are incompetent, irrelevant, or otherwise
overruled, it shall not be necessary to repeat the objection, it improper. (Sec. 39, rules 132, Rules of Court)
being sufficient for the adverse party to record his continuing
objection to such class of questions. ( Sec. 37, Rule 132, Rules of MODE OF EXCLUDING INADMISSIBLE EVIDENCE
Court) (1) Objection when the evidence is offered
(2) Motion to strike out or Expunge – proper in the
Here, the party may just enter a general and continuing following cases:
objection to the same class of evidence and the ruling of the ü When the witness answers prematurely before
court shall be applicable to all such evidence of the same class. there is reasonable opportunity for the party to
The court may also motu proprio treat the objection as a object (Sec 39)
continuing one. ü Unresponsive answers
ü Answers that are incompetent, irrelevant, or
improper (Sec 39)
Note: There must be an objection before motion to strike.
Ruling
The ruling of the court must be given:

1) immediately AFTER the objection is made,
2) UNLESS the court desires to take a reasonable time Tender of Excluded Evidence
to inform itself on the question presented;
3) but the ruling shall ALWAYS be made: If documents or things offered in evidence are excluded by
4) during the trial and the court, the offeror may have the same attached to or made
5) at such time as will give the party against whom it part of the record. If the evidence excluded is oral, the offeror
is made an opportunity to meet the situation may state for the record the same and other personal
presented by the ruling. (Sec. 38, Rule 132, Rules of circumstances of the witness and the substance of the
Court) proposed testimony. (Sec. 40, Rule 132, Rules of Court)
The reason for sustaining or overruling an objection need

not be stated. However, if the objection is based on two or TENDER OF EXCLUDED EVIDENCE vs. OFFER OF
more grounds: a ruling sustaining the objection on one or EVIDENCE
some of them must specify the ground or grounds relied Tender of Excluded Offer of Evidence
upon. (Sec. 38, Rule 132, Rules of Court) Evidence
Only resorted to if Refers to testimonial,
admission is refused documentary or object evidence
WHEN SHOULD THE RULING BE MADE by the court for that are presented in court by a
General rule: Parties who object is entitled to a ruling at the purpose of review on party so that the court can
time the objection is made. If no ruling is made, it would appeal consider his evidence when it
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comes to the preparation of the

decision.
RATIONALE
So that in case of appeal, the appellate court may be able to
examine the same and determined the propriety of their
rejection
Since Documents forming no part of proofs before the

appellate court cannot be considered in disposing of the case,
otherwise that would infringe upon the constitutional right of
the adverse party to due process.
It is the better practice to unite with the record exhibits which

have been rejected and that such rejected or excluded exhibits
should have been permitted by the judge a quo to be attached
to the record even if not admitted in evidence, so that in case
of an appeal, the court ad quem may thus be able to examine
said exhibits and to judge whether or not their rejection was
erroneous. (Lamagan v. Dela Cruz, 40 SCRA 101, 1971)
WHEN NOT REQUIRED

1) When the question to which an objection has been
sustained clearly reveals on its face the substance,
purpose and relevancy of the excluded evidence;
2) When the substance, purpose and relevancy of the
excluded evidence were made known to the court
either in the court proceedings and such parts
appear on record;
3) Where evidence is inadmissible when offered and
excluded, but thereafter becomes admissible, it
must be re-offered unless the court indicates that a
second offer would be useless. (Herrera, 1999)
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I. REVISED RULES ON SUMMARY

PROCEDURE
CASES COVERED BY THE RULE
Actions before the Metropolitan Trial Courts, Municipal Trial

Courts in Cities, Municipal Trial Courts and Municipal
Circuit Trial Courts falling under:
1) Civil Cases
(a) All cases of forcible entry and unlawful
detainer, irrespective of the amount of damages or
unpaid rentals sought to be recovered. Where
attorney's fees are awarded, the same shall not
exceed twenty thousand pesos (P20,000.00).
(b) All other civil cases, except probate

proceedings, where the total amount of the
SPECIAL RULES plaintiff's claim does not exceed ten thousand pesos
(P10,000.00), exclusive of interest and costs.
Except: Probate proceedings
2) Criminal Cases
(a) Violations of traffic laws, rules and regulations;
(b) Violations of the rental law;
(c) Violations of municipal or city ordinances;
(d) All other criminal cases where the penalty
prescribed by law for the offense charged is
imprisonment not exceeding six months, or a fine
not exceeding (P1,000.00), or both, irrespective of
other imposable penalties, accessory or otherwise,
or of the civil liability arising therefrom: Provided,
however, that in offenses involving damage to
property through criminal negligence, this Rule
shall govern where the imposable fine does not
exceed ten thousand pesos (P10,000.00)
Note: Rule does not apply to a civil case where the cause of
action or criminal charge is pleaded or related in the same
complaint with another cause of action or criminal case
subject to the ordinary procedure
Determination of applicability
Upon the filing of a civil or criminal action, the court shall
issue an order declaring whether or not the case shall be
governed by this Rule. A patently erroneous determination to
avoid the application of the Rule on Summary Procedure is a
ground for disciplinary action.

(Sec. 19, 1991 Revised Rule on Summary Procedure)
(a) Motion to dismiss the complaint or to quash the complaint

or information except on the ground of lack of jurisdiction
over the subject matter, or failure to comply with the
preceding section;
(b) Motion for a bill of particulars;
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(c) Motion for new trial, or for reconsideration of a judgment,

or for opening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits
or any other paper;
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition against
any interlocutory order issued by the court;
(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.
EFFECT OF FAILURE TO ANSWER
Should the defendant fail to answer the complaint within the

period above provided, the court, motu proprio, or on motion
of the plaintiff, shall render judgment as may be warranted
by the facts alleged in the complaint and limited to what is
prayed for therein: PROVIDED, however, that the court may
in its discretion reduce the amount of damages and attorney's
fees claimed for being excessive or otherwise unconscionable.
This is without prejudice to the applicability of Section 4, Rule
15 of the Rules of Court, if there are two or more defendants.
(Sec. 6, 1991 Revised Rule on Summary Procedure )
PRELIMINARY CONFERENCE AND

APPEARANCE OF PARTIES
(Sec. 7, 1991 Revised Rule on Summary Procedure )
Preliminary Conference
Not later than thirty (30) days after the last answer is filed, a
preliminary conference shall be held.
NOTE: The rules on pre-trial in ordinary cases shall be

applicable to the preliminary conference unless inconsistent
with the provisions of this Rule.
Appearance of Parties
The failure of the plaintiff to appear in the preliminary
conference shall be a cause for the dismissal of his complaint.
The defendant who appears in the absence of the plaintiff
shall be entitled to judgment on his counterclaim in
accordance with Section 6 hereof. All cross-claims shall be
dismissed.
If a sole defendant shall fail to appear, the plaintiff shall be

entitled to judgment in accordance with Section 6 hereof. This
Rule shall not apply where one of two or more defendants
sued under a common cause of action who had pleaded a
common defense shall appear at the preliminary conference.
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II. RULES OF PROCEDURE FOR SMALL 4) Affidavits of witnesses and

5) Other evidence to support the claim.
CLAIMS CASES (AM NO. 08-8-SC)
NOTE: No evidence shall be allowed during the hearing
which was not attached to or submitted together with the
Statement of Claim
SCOPE AND APPLICABILITY OF THE RULE UNLESS good cause is shown for the admission of additional
evidence.
SCOPE (Section 2) The plaintiff must state in the Statement of Claim if he/she/it
Actions before the Metropolitan Trial Courts (MeTCs), is engaged in the business of lending, banking and similar
Municipal Trial Courts in Cities (MTCCs), Municipal Trial activities, and the number of small claims cases filed within
Courts (MTCs) and Municipal Circuit Trial Courts (MCTCs) the calendar year regardless of judicial station.
for payment of money where the value of the claim does not
exceed Two Hundred Thousand Pesos (P200,000.00) No formal pleading, other than the Statement of Claim/s
exclusive of interest and costs. described in this Rule, is necessary to initiate a small claims
action
CASES COVERED
Response (Section 13)
Purely civil in nature where the claim or relief prayed for by The defendant shall file with the court and serve on the
the plaintiff is solely for payment or reimbursement of sum of plaintiff a duly accomplished and verified Response within a
money. non-extendible period of ten (10) days from receipt of
summons.
The civil aspect of criminal actions, either filed before the
institution of the criminal action, or reserved upon the filing
The Response shall be accompanied by certified photocopies
of the criminal action in court (pursuant to Rule 111 of the
of documents, as well as affidavits of witnesses and other
Revised Rules of Criminal Procedure)
evidence in support thereof. No evidence shall be allowed
during the hearing which was not attached to or submitted
together with the Response, unless good cause is shown for
the admission of additional evidence.
CLAIMS OR DEMANDS COVERED (Section 4)
The enforcement of a barangay amicable settlement or an Effect of Failure to Response (Sec. 14)
arbitration award involving a money claim covered by the Should the defendant fail to his or her or its Response within
Rule. the required period, and likewise fail to appear on the date set
for hearing, the court shall render judgment on the same day,
as may be warranted by the facts alleged in the Statement of
For money owed under any of the following:
Claim/s.
(6) Contract of Lease;
(7) Contract of Loan; Should the defendant fail to file his or her or its Response
(8) Contract of Services; within the required period but appears on the date set for
(9) Contract of Sale; or hearing, the court shall ascertain what defense his or her or it
(10) Contract of Mortgage; has to offer which shall constitute his or her or its Response,
and proceed to hear or adjudicate the case on the same day as
if a Response has been filed.
For damages arising from any of the following:
(d) Fault or negligence;
(e) Quasi contract; or
(f) Contract;
(a) Motion to dismiss the Statement of Claim/s;

COMMENCEMENT OF SMALL CLAIMS
(b) Motion for a bill of particulars;
ACTION; RESPONSE (c) Motion for new trial, or for reconsideration of a judgment,
or
for reopening of trial;
Commencement of Small Claims (Section 6) (d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits,
A small claims action is commenced by filing with the court: or
1) an accomplished and verified Statement of Claim in any other paper;
duplicate (f) Memoranda;
2) a Certification Against Forum Shopping, Splitting a (g) Petition for certiorari, mandamus, or prohibition against
Single Cause of Action, and Multiplicity of Suits any
3) Two (2) duly certified photocopies of the actionable interlocutory order issued by the court;
document/s subject of the claim, (h) Motion to declare the defendant in default;
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(i) Dilatory motions for postponement; At the beginning of the court session, the judge shall read
(j) Reply and rejoinder; aloud a short statement explaining the nature, purpose and
(k) Third-party complaints; and the rule of procedure of small claims cases.
(l) Interventions. (Secrion 14)
Hearing (Section. 23)
At the hearing, the judge shall first exert efforts to bring the
parties to an amicable settlement of their dispute. If efforts at
settlement fail, the hearing shall immediately proceed in an
APPEARANCES informal and expeditious manner and be terminated within
the same day. Any settlement or resolution of the dispute
The parties shall personally appear on the designated date of shall be reduced into writing, signed by the parties and
hearing. submitted to the court for approval.
Appearance through a Representative

Appearance through a representative must be for a valid
cause.
NOTE: The representative of an individual-party must not be FINALITY OF JUDGMENT

a lawyer, and must be related to or next-of-kin of the
individual-party.
After the hearing, the court shall render its decision based on
Juridical entities shall not be represented by a lawyer in any the facts established by the evidence, within twenty-four (24)
capacity. The representative must be authorized under a hours from termination of the hearing.
Special Power of Attorney to enter into an amicable
settlement of the dispute and to enter into stipulations or The decision shall immediately be entered by the Clerk of
admissions of facts and of documentary exhibits. Court in the court docket for civil cases and a copy thereof
forthwith served on the parties.
Appearance of Attorneys Not Allowed (Sec. 19)
The decision shall be final, executory and unappealable.
No attorney shall appear in behalf of or represent a party at
the hearing, unless the attorney is the plaintiff or defendant.
If the court determines that a party cannot properly present

his/her claim or defense and needs assistance, the court may,
in its discretion, allow another individual who is not an
attorney to assist that party upon the latter’s consent.
Effect of Non-Appearance of Parties

(1) Failure of the plaintiff to appear shall be cause for the
dismissal of the Statement of Claim/s without prejudice.
The defendant who appears in the absence of the
plaintiff shall be entitled to judgment on a permissive
counterclaim.
(2) Failure of the defendant to appear shall have the same

effect as failure to file a Response under Section 14 of this
Rule.
This shall not apply where one of two or more

defendants who are sued under a common cause of
action and have pleaded a common defense appears at
the hearing.
(3) Failure of both parties to appear shall cause the dismissal

with prejudice of both the Statement of Claim/s and the
counterclaim.
HEARING; DUTY OF THE JUDGE
Duty of the Court (Section. 22)
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III. RULES OF PROCEDURE FOR

ENVIRONMENTAL CASES (A.M. No.
09-6-8-SC)
These are specific rules that can sufficiently address the
procedural concerns that are peculiar to environmental cases.
A.M. No. 09-6-8-SC includes remedies that are directed to the
actual difficulties encountered at present by concerned
government agencies, corporations, practitioners, people’s
organizations, non-governmental organizations, and public-
interest groups handling environmental cases. (Annotation to
the Rules of Procedure for Environmental Cases)
OBJECTIVES OF THE RULES
1. To protect and advance the constitutional right of the

people to a balanced and healthful ecology;
2. To provide a simplified, speedy and inexpensive
RULES OF PROCEDURE procedure for the enforcement of environmental rights
and duties recognized under the Constitution, existing
ON ENVIRONMENTAL laws, rules and regulations, and international

agreements;
3. To introduce and adopt innovations and best practices
CASES ensuring the effective enforcement of remedies and
redress for violation of environmental laws; and
4. To enable the courts to monitor and exact compliance
with orders and judgments in environmental cases. (Sec.
3, Rule 1)
SCOPE AND APPLICABILITY OF THE

RULE
The Rules on Procedure for Environmental Cases shall apply

to the procedure in:
1. Civil;
2. Criminal; and
3. Special Civil Actions
before the Regional Trial Courts, Municipal Trial Courts and

Municipal Circuit Trial Courts, involving the enforcement or
violations of environmental and other related laws, rules and
regulations such as but not limited to the following:
a) Act No. 3572, Prohibition Against Cutting of Tindalo,

Akli, and Molave Trees;
b) P.D. No. 705, Revised Forestry Code;
c) P.D. No. 856, Sanitation Code;
d) P.D. No. 979, Marine Pollution Decree;
e) P.D. No. 1067, Water Code;
f) P.D. No. 1151, Philippine Environmental Policy of 1977;
g) P.D. No. 1433, Plant Quarantine Law of 1978;
h) P.D. No. 1586, Establishing an Environmental Impact
Statement System Including Other Environmental
Management Related Measures and for Other Purposes;
i) R.A. No. 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;
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j) R.A. No. 4850, Laguna Lake Development Authority l) R.A. No. 7076, People’s Small-Scale Mining Act;
Act; m) R.A. No. 7586, National Integrated Protected Areas
k) R.A. No. 6969, Toxic Substances and Hazardous Waste System Act including all laws, decrees, orders,
Act;
proclamations and issuances establishing protected
areas;
n) R.A. No. 7611, Strategic Environmental Plan for Palawan
Act; PROHIBITION AGAINST TEMPORARY RESTRAINING
o) R.A. No. 7942, Philippine Mining Act; ORDER AND PRELIMINARY INJUNCTION
p) R.A. No. 8371, Indigenous Peoples Rights Act;
q) R.A. No. 8550, Philippine Fisheries Code; (Sec. 10, Rule 2)
r) R.A. No. 8749, Clean Air Act;
s) R.A. No. 9003, Ecological Solid Waste Management Act; GENERAL RULE: No court can issue a Temporary
t) R.A. No. 9072, National Caves and Cave Resource Restraining Order or writ of preliminary injunction against
Management Act; lawful actions of government agencies that enforce
u) R.A. No. 9147, Wildlife Conservation and Protection Act; environmental laws or prevent violations thereof.
v) R.A. No. 9175, Chainsaw Act;
w) R.A. No. 9275, Clean Water Act; EXCEPTION: The Supreme Court may issue a Temporary
x) R.A. No. 9483, Oil Spill Compensation Act of 2007; and Restraining Order or a Writ of Preliminary Injunction.
y) Provisions in C.A. No. 141, The Public Land Act; R.A.
No. 6657, Comprehensive Agrarian Reform Law of 1988;
R.A. No. 7160, Local Government Code of 1991; R.A. No. DISTINGUISHED FROM ISSUANCE OF TEMPORARY
7161, Tax Laws Incorporated in the Revised Forestry ENVIRONMENTAL PROTECTION ORDER (TEPO)
Code and Other Environmental Laws (Amending the
TRO/Preliminary Temporary Environmental
NIRC); R.A. No. 7308, Seed Industry Development Act
Injunction under Sec. 10, Protection Order (TEPO)
of 1992; R.A. No. 7900, High-Value Crops Development Rule 2
Act; R.A. No. 8048, Coconut Preservation Act; R.A. No.
8435, Agriculture and Fisheries Modernization Act of
Premised on violation of an Premised on the
1997; R.A. No. 9522, The Philippine Archipelagic
environmental law or a presumption of regularity
Baselines Law; R.A. No. 9593, Renewable Energy Act of
threatened damage or on the government and its
2008; R.A. No. 9637, Philippine Biofuels Act; and other
injury to the environment agencies in enforcing
existing laws that relate to the conservation,
by any person, even the environmental laws and
development, preservation, protection and utilization of
government and its protecting the
the environment and natural resources. (Sec. 2, Rule 1)
agencies. environment.
NOTE: “Environmental cases” refer to those cases covered by (Annotation to the Rules of Procedure for Environmental Cases)
the aforementioned laws. (Annotation to the Rules of Procedure
for Environmental Cases)
PRE-TRIAL CONFERENCE; CONSENT DECREE
CIVIL PROCEDURE (Sec. 5, Rule 3)
The judge:
1. Shall put the parties and their counsels under oath, and
WHO MAY FILE
they shall remain under oath in all pre-trial conferences.
Any real party in interest may file a civil action involving the
2. Shall exert best efforts to persuade the parties to arrive
enforcement or violation of any environmental law, including
at a settlement of the dispute.
the government and juridical entities authorized by law. (Sec.
3. May issue a consent decree approving the agreement
4, Rule 2)
between the parties in accordance with law, morals,
public order and public policy to protect the right of the
PLEADINGS AND MOTIONS ALLOWED
people to a balanced and healthful ecology.
The pleadings and motions that may be filed are:
1. Complaint;
NOTE:
2. Answer (may include compulsory counterclaim and
GENERAL RULE: Evidence not presented during the pre-
cross-claim);
trial shall be deemed waived.
3. Motion for Intervention;
4. Motion for Discovery; and
EXCEPTION: Newly-discovered evidence.
5. Motion for Reconsideration of the judgment. (Sec. 1, Rule
2)
CONSENT DECREE
It refers to a judicially-approved settlement between
Those allowed in highly meritorious cases or to prevent a
concerned parties based on public interest and public policy
manifest miscarriage of justice:
to protect and preserve the environment. (Sec. 4(b), Rule 1)
1. Motion for Postponement;
2. Motion for New Trial; and
3. Petition for Relief from Judgment (Sec. 1, Rule 2)
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PROHIBITED PLEADINGS AND MOTIONS GROUND FOR DISSOLUTION OF TEPO

The TEPO may be dissolved if it appears after hearing that its
(Sec. 2, Rule 2) issuance or continuance would cause irreparable damage to
the party or person enjoined. (Sec. 9, Rule 2)
The following pleadings or motions shall not be allowed:
1. Motion to dismiss the complaint; NOTE:
2. Motion for a bill of particulars; ● The applicant may be fully compensated for such
3. Motion for extension of time to file pleadings, except to damages as he may suffer.
file answer, the extension not to exceed 15 days; ● The dissolution of TEPO is subject to the posting of a
4. Motion to declare the defendant in default; sufficient bond by the party or person enjoined. (Sec. 9,
5. Reply and rejoinder; and Rule 2)
6. Third party complaint.
JUDGMENT AND EXECUTION; RELIEFS IN A
CITIZEN’S SUIT
A. JUDGMENT AND EXECUTION

TEMPORARY ENVIRONMENTAL PROTECTION ORDER
JUDGMENT IMMEDIATELY EXECUTORY; NOT
STAYED BY APPEAL
ENVIRONMENTAL PROTECTION ORDER
It refers to an order issued by the court directing or enjoining GENERAL RULE: Any judgment directing the performance
any person or government agency to perform or desist from of acts for the protection, preservation or rehabilitation of the
performing an act in order to protect, preserve or rehabilitate environment shall be executory pending appeal.
the environment. (Sec. 4(d), Rule 1)
EXCEPTION: Unless restrained by the appellate court. (Sec.
2, Rule 5)
GROUNDS FOR ISSUANCE OF TEMPORARY
ENVIRONMENTAL PROTECTION ORDER (TEPO) ● The appellate court can issue a TRO to restrain the
The executive judge of the multiple sala court before raffle or execution of the judgment and should the appellate
court act with grave abuse of discretion in refusing to
the presiding judge of a single-sala court as the case may be,
act on the application for a TRO, a petition for certiorari
may issue ex parte a TEPO if it appears from the verified
under Rule 65 can be brought before the Supreme
complaint with a prayer for the issuance of an Environmental
Protection Order (EPO) that: Court. (Annotation to the Rules of Procedure for
1. The matter is of extreme urgency; and Environmental Cases)
2. The applicant will suffer grave injustice and
MONITORING OF COMPLIANCE WITH JUDGMENT
irreparable injury
AND ORDERS BY A COMMISSIONER
The court may motu proprio; or upon motion of the
NOTE: The applicant shall be exempted from the posting of a
bond for the issuance of a TEPO. (Sec. 8, Rule 2) prevailing party order that the enforcement of the judgment
or order be referred to a commissioner to be appointed by the
court.
PERIOD OF EFFECTIVITY OF TEPO
The Temporary Environmental Protection Order (TEPO) shall
The commissioner shall file with the court written progress
be effective for only 72 hours from date of the receipt of the
TEPO by the party or person enjoined. (Sec. 8, Rule 2) reports on a quarterly basis or more frequently when
necessary. (Sec. 4, Rule 5)
NOTE: Within said period, the court where the case is
RETURN OF WRIT OF EXECUTION
assigned, shall conduct a summary hearing to determine
Upon sufficient showing that the decision or order has been
whether the TEPO may be extended until the termination of
the case. (Sec. 8, Rule 2) implemented to the satisfaction of the court in accordance
with Section 14, Rule 39 of the Rules of Court (Return of Writ
DUTY OF THE COURT of Execution), the process of execution shall terminate. (Sec. 5,
Rule 5)
1. Periodically monitor the existence of acts that are the
subject matter of the TEPO even if issued by the
B. RELIEFS IN A CITIZEN’S SUIT
executive judge, and may lift the same at any time as
circumstances may warrant. (Sec. 8, Rule 2)
2. The judge shall report any action taken on a TEPO, EPO, CITIZEN’S SUIT
It is an action to enforce rights or obligations under
TRO or a preliminary injunction, including its
environmental laws, which may be filed by any Filipino
modification and dissolution, to the Supreme Court,
citizen in representation of others, including minors or
through the Office of the Court Administrator, within 10
days from the action taken. (Sec. 11. Rule 2) generations yet unborn. (Sec. 5, Rule 2)
DISSOLUTION OF TEPO RELIEFS

If warranted, the court may grant to the plaintiff proper reliefs
The party or person enjoined by the TEPO may file a motion
which shall include:
for dissolution of TEPO which shall be supported by
affidavits. (Sec. 9, Rule 2) 1. Protection, preservation or rehabilitation of the
NOTE: The applicant may oppose through affidavits. environment; and

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2. Payment of attorney’s fees, costs of suit and other detailing the progress of the execution and satisfaction
litigation expenses. (Sec. 1, Rule 5) of the judgment.
The court may also require the violator to: NOTE: The other party may, at its option, submit its
1. Submit a program of rehabilitation or restoration of the comments or observations on the execution of the judgment.
environment, the costs to be borne by the violator; or (Sec. 3, Rule 5)
2. Contribute to a special trust fund for that purpose
subject to the control of the court. (Sec. 1, Rule 5) WRIT OF CONTINUING MANDAMUS
It is a writ issued by a court in an environmental case
PROCEDURE FOR CITIZEN’S SUIT directing any agency or instrumentality of the government or
CITIZEN’S SUIT PROCEDURE officer thereof to perform an act or series of acts decreed by
Who may file: final judgment which shall remain effective until judgment is
(1) File Citizen’s Suit fully satisfied. (Sec. 4(c), Rule 1)
Any Filipino citizen in
(to enforce rights or
representation of others,
obligations under “Under what other judicial discipline describes as continuing
including minors or
environmental laws) mandamus, the Court may, under extraordinary
generations yet unborn
circumstances, issue directives with the end in view of
(2) Court issues an Order ensuring that its decision would not be set to naught by
The Order contains: administrative inaction or indifference.” (MMDA v. Concerned
1. a brief description of the cause of action and the Residents of Manila Bay, G.R. No. 171947-48, December 18, 2008)
reliefs prayed for
2. requirement that all interested parties manifest their
interest to intervene in the case within 15 days from
notice.
(3) Notice/Publication STRATEGIC LAWSUIT AGAINST PUBLIC
The plaintiff may: PARTICIPATION
1. publish the order once in a newspaper of general
circulation in the Philippines; or (Rule 6)
2. furnish all affected barangays copies of the order
(4) Hearing WHAT CONSTITUTES AS A STRATEGIC LAWSUIT
(5) Judgment and Grant of Relief AGAINST PUBLIC PARTICIPATION (SLAPP)
If warranted, the court may grant to the plaintiff proper A legal action shall be treated as a SLAPP if filed to:
reliefs: 1. Harass;
3. Protection, preservation or rehabilitation of the 2. Vex;
environment; and 3. Exert undue pressure; or
4. Payment of attorney’s fees, costs of suit and other 4. Stifle any legal recourse that any person, institution or
litigation expenses. the government has taken or may take in the
enforcement of environmental laws, protection of the
The court may also require the violator to: environment or assertion of environmental rights (Sec. 1,
3. Submit a program of rehabilitation or restoration of Rule 6)
the environment, the costs to be borne by the violator;
or In the context of environmental rights protection, a SLAPP
4. Contribute to a special trust fund for that purpose suit may occur in the following scenarios, among others:
subject to the control of the court. 1. X files a complaint in an environmental case against A
(violator of environmental laws) and the A retaliates by
filing a complaint for damages against X;
2. X is a witness in a pending environmental case against

PERMANENT ENVIRONMENTAL PROTECTION ORDER; A and the latter retaliates by filing a complaint for
WRIT OF CONTINUING MANDAMUS damages or libel against X; or
3. X is an environmental advocate who rallies for the

In the judgment, the court may: protection of environmental rights and a complaint for
1. Convert the TEPO to a permanent EPO; or damages is filed against him by A. (Annotation to the
2. Issue a writ of continuing mandamus directing the Rules of Procedure for Environmental Cases)
performance of acts which shall be effective until the
judgment is fully satisfied. (Sec. 3, Rule 5)
SLAPP AS A DEFENSE; HOW ALLEGED

COURT’S DUTY SITUATION: A SLAPP is filed against a person involved in
The court may, by itself or through the appropriate the enforcement of environmental laws, protection of the
government agency: environment, or assertion of environmental rights.
1. Monitor the execution of the judgment; and
2. Require the party concerned to submit written reports REMEDY: The defendant may file an Answer:
on a quarterly basis or sooner as may be necessary, 1. Interposing as a defense that the case is a SLAPP;

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2. Supported by documents, affidavits, papers and other (involving the enforcement and juridical entities
evidence; and or violation of any authorized by law.
3. By way of counterclaim, pray for damages, attorney’s environmental law) Contents:
fees and costs of suit. (Sec. 2, Rule 6) • names of the parties
and their addresses
“Since a motion to dismiss is a prohibited pleading, SLAPP as • the cause of action and
an affirmative defense should be raised in an answer along the reliefs prayed for
with other defenses that may be raised in the case alleged to • attach all evidence
be a SLAPP.” (Annotation to the Rules of Procedure for proving or supporting
Environmental Cases) the cause of action
• shall state that it is an
OPPOSITION environmental case
If the defendant interposed as defense that the case is a and the law involved
SLAPP, the court shall direct the plaintiff or adverse party to
• shall include a
file an opposition showing the suit is not a SLAPP, attaching
certification against
evidence in support thereof.
forum shopping
● Period to file: Within a non-extendible period of 5 days
(2) Service of complaint to the government or
from receipt of notice that an answer has been filed. (Sec.
appropriate agency (upon filing of complaint)
2, Rule 6)
Although not a party, the government or appropriate
agency must be furnished a copy of the complaint.
SUMMARY HEARING
The court shall set for hearing the defense of a SLAPP after
NOTE: Proof of service shall be attached to the complaint.
issuance of the order to file an opposition within 15 days from
(3) Assignment by Raffle
filing of the comment or the lapse of the period. (Sec. 2, Rule
6) If there is only 1 If there are 2 or more
● Nature of Hearing: The hearing on the defense of a designated branch in a designated branches:
SLAPP shall be summary in nature. multiple-sala court: The executive judge shall
● The parties must submit all available evidence in The executive judge shall conduct a special raffle on
support of their respective positions. (Sec. 3, Rule 6) immediately refer the case the day the complaint is
to said branch. filed.
QUANTUM OF EVIDENCE (4) Issuance of Temporary Environmental Protection
● The party seeking the dismissal of the case: prove by Order (TEPO)
substantial evidence that his acts for the enforcement of The executive judge of the
environmental law is a legitimate action for the multiple-sala court before
protection, preservation and rehabilitation of the raffle or the presiding judge
environment. of a single-sala court may
● The party filing the action assailed as a SLAPP: prove issue ex parte a TEPO if it
by preponderance of evidence that the action is not a appears from the verified
SLAPP and is a valid claim. (Sec. 3, Rule 6) complaint with prayer for
EPO:
RESOLUTION OF THE DEFENSE OF A SLAPP a) that the matter is of
The affirmative defense of a SLAPP shall be resolved within extreme urgency; and
30 days after the summary hearing. b) the applicant will
● If the court dismisses the action: it may award suffer grave injustice
damages, attorney’s fees and costs of suit under a and irreparable injury
counterclaim if such has been filed. Duration: TEPO effective
○ The dismissal shall be with prejudice. only for 72 hours from date
of the receipt of TEPO by
● If the court rejects the defense of a SLAPP: TEPO Procedure the person enjoined
○ Evidence adduced during the summary hearing Summary Hearing (within
shall be treated as evidence of the parties on the the 72-hour period)
merits of the case.
○ The action shall proceed in accordance with the To determine whether the
Rules of Court. (Sec. 4, Rule 6) TEPO may be extended
until termination of the
CIVIL PROCEDURE FOR ENVIRONMENTAL CASES case.
(Part II, Rules 2,3,4, and 5) Court periodically
PRELIMINARY NOTE: The court shall have a period of 1 monitors the existence of
year from the filing of the complaint to try and decide the acts that are the subject
case. It may be extended upon petition for extension before matter of TEPO. It may lift
the Supreme Court, for justifiable causes. the TEPO as circumstances
Who may file: may warrant
(1) File Verified Person enjoined may file a
Any real party in interest,
Complaint motion for dissolution of
including the government
TEPO.

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from the filing of the last If not, the court shall refer
TEPO may be dissolved if it pleading the parties, if authorized by
appears after hearing that them to the Philippine
the issuance or continuance Mediation Center unit for
would cause irreparable purposes of mediation. If
damage to the person not available, mediation
enjoined, with clerk of court or legal
(5) Service of Summons, Orders, and Court Processes researcher.
Summons shall be personally served on the defendant,
together with a copy of an order informing all parties of Period of Mediation:
15-day period to file answer. conducted within non-
extendible period of 30
NOTE: Should personal and Substituted service fail, days from receipt of notice
Summons by publication may be allowed. of referral for mediation.
(6) Defendant files Verified Answer
(within 15 days from receipt of summons) Mediation Report:
Submitted within 10 days
If failed to Answer, defendant is declared in default and from expiration of the 30-
the court, upon motion of plaintiff, receives evidence ex day period.
parte and render judgment based thereon. (10) Preliminary
Conference
NOTE: If mediation fails, the court
• Affirmative and Special defenses not pleaded shall be will schedule the
deemed waived, except lack of jurisdiction continuance of trial. But
• Cross-claims and compulsory claims not asserted before continuance, the
shall be considered barred. court may refer the case to
• Period to answer cross-claims and counterclaims: 10 the branch clerk of court for
days from service of verified answer in which they a preliminary conference.
are pleaded. (11) Pre-Trial Conference
(7) Branch clerk of court issues a notice of pre-trial NOTE: The judge shall exert best efforts to persuade the
within 2 days from filing of Answer parties to arrive at a settlement of the dispute.
(8) Parties submit Pre-trial briefs at least 3 days before
Failure to appear in Pre-Trial
Pre-Trial proper
General Rule: Court shall receive evidence ex parte
Contents:
Exception: If repeated and unjustified, court shall dismiss
a) A statement of their willingness to enter into an
the complaint without prejudice.
amicable settlement indicating the desired terms
thereof or to submit the case to any of the alternative
Consent Decree: The judge may issue a consent decree
modes of dispute resolution;
approving the agreement between the parties in
b) A summary of admitted facts and proposed
accordance with law, morals, public order and public
stipulation of facts;
policy to protect the right of the people to a balanced and
c) The legal and factual issues to be tried or resolved.
healthful ecology.
d) The documents or exhibits to be presented, including
depositions, answers to interrogatories and answers
If no settlement, the judge shall:
to written request for admission by adverse party,
a) Adopt the minutes of the preliminary conference as
stating the purpose thereof;
part of the pre-trial proceedings and confirm the
e) A manifestation of their having availed of discovery
markings of exhibits or substituted photocopies and
procedures or their intention to avail themselves of
admissions on the genuineness and due execution of
referral to a commissioner or panel of experts;
documents;
f) The number and names of the witnesses and the
b) Determine if there are cases arising out of the same
substance of their affidavits;
facts pending before other courts and order its
g) Clarificatory questions from the parties; and
consolidation if warranted;
h) List of cases arising out of the same facts pending
c) Determine if the pleadings are in order and if not,
before other courts or administrative agencies.
order the amendments if necessary;
d) Determine if interlocutory issues are involved and
NOTE:
resolve the same;
• Failure to comply with the required contents of Pre- e) Consider the adding or dropping of parties;
trial Brief may be a ground for contempt. f) Scrutinize every single allegation of the complaint,
• Failure to file Pre-Trial brief shall have the same effect answer and other pleadings and attachments thereto,
as failure to appear at the pre-trial. and the contents of documents and all other evidence
(9) Referral to Mediation identified and pre-marked during pre-trial in
Procedure Prior Pre-Trial
and Mediation Proper determining further admissions;
NOTE: Pre-Trial must be
Court shall inquire if the g) Obtain admissions based on the affidavits of
held not later than 1 month
parties settled the dispute. witnesses and evidence attached to the pleadings or

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submitted during pre-trial; SLAPP Suit is filed by plaintiff or adverse party

h) Define and simplify the factual and legal issues (alleged violator)
arising from the pleadings and evidence.
REMEDY:
Uncontroverted issues and frivolous claims or
defenses should be eliminated; Defendant should file an Answer:
i) Discuss the propriety of rendering a summary 1. Interposing as defense that the case is a SLAPP
judgment or a judgment based on the pleadings, 2. Supported by documents, affidavits, papers,
evidence and admissions made during pre-trial; and other evidence
j) Observe the Most Important Witness Rule in limiting 3. By way of counterclaim, pray for damages,
the number of witnesses, determining the facts to be attorney’s fees, and cost of suit
proved by each witness and fixing the approximate
number of hours per witness; Court (through an order) directs the plaintiff or adverse
k) Encourage referral of the case to a trial by party to file an opposition showing the suit is not a SLAPP
commissioner or to a mediator or arbitrator under
any of the alternative modes of dispute resolution; When to file: Within 5 days from receipt of notice that an
l) Determine the necessity of engaging the services of a answer has been filed. Period is non-extendible.
qualified expert as a friend of the court (amicus
curiae); and
Court sets the defense for hearing after issuance of the
m) Ask parties to agree on the specific trial dates for
order to file an opposition within 15 days from filing of the
continuous trial, comply with the one-day
comment or lapse of the period.
examination of witness rule, adhere to the case flow
chart determined by the court which shall contain the Summary Hearing Ensues
different stages of the proceedings up to the Resolution (within 30 days after hearing)
promulgation of the decision and use the time frame
for each stage in setting the trial dates. If the court rejects the
(12) Court issues a Pre-Trial Order within 10 days after defense of a SLAPP:
If court dismisses the The evidence adduced
Pre-Trial setting forth: SLAPP suit: during the summary
The court may award hearing shall be treated as
1. Actions taken during pre-trial conference damages, attorney’s fees,
2. Facts stipulated evidence of the parties on
and costs of suit under a the merits of the case.
3. Admissions made counterclaim is such has
4. Evidence Marked been filed. Dismissal is
5. Number of witnesses to be presented Action proceeds in
with prejudice. accordance with the Rules
6. Schedule of Trial
of Court.
(13) The Judge conducts a Continuous Trial (Shall not
exceed 2 months from date of issuance of pre-trial order)
The Judge may ask Supreme Court for extension for

justifiable cause, prior expiration of the 2-month period.
NOTES:
• Affidavits marked during pre-trial are presented in SPECIAL CIVIL ACTION
lieu of direct examination, subject to cross-
examination
• The court shall strictly adhere to One-day examination
of witness rule (a witness has to be fully examined in 1
day) WRIT OF KALIKASAN
(14) Court issues an order submitting the case for
decision (after last party has rested its case)
It is a remedy against violation or threat of violation of the
Period to decide case: Court has 60 days from the date the constitutional right to a balanced and healthful ecology by an
case was submitted for decision. unlawful act or omission of a public official or employee, or
(15) Judgment and Execution private individual or entity, involving environmental damage
• Judgment is immediately executory and not stayed of such magnitude as to prejudice the life, health or property
by appeal. of inhabitants in two or more cities or provinces (Sec. 1, Rule
• Court may convert TEPO to a Permanent EPO or 7)
issue a writ of continuing mandamus
• Process of execution terminates only upon sufficient WHO MAY AVAIL OF THE WRIT
showing that the decision or order has been The petition for the issuance of a Writ of Kalikasan can be filed
implemented to the court’s satisfaction. by any of the following:
1. Natural or Juridical persons
STRATEGIC LAWSUIT AGAINST PUBLIC 2. Entity authorized by law
PARTICIPATION IN CIVIL PROCEDURE (Rule 6) 3. People’s organization, Non-Governmental
Organization, or any public interest groups accredited

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by or registered with any government on behalf of NOTE: If the writ cannot be served personally, the rule on
persons whose right is violated. (Sec. 1, Rule 7) substituted service shall apply. (Sec. 6, Rule 7)
WHERE TO FILE PENALTY FOR REFUSAL TO ISSUE OR SERVE WRIT

The petition shall be filed with: PENALTY: Contempt without prejudice to other civil,
1. The Supreme Court; or criminal or administrative actions.
2. Any of the stations of the Court of Appeals. (Sec. 3, Rule
7)
Persons Penalized:
1. A clerk of court who:
NOTE: The magnitude of the environmental damage is the
reason for limiting where the writ may be filed, to the a. Unduly delays; or
Supreme Court or Court of Appeals whose jurisdiction is b. Refuses to issue the writ after its allowance
national in scope. (Annotation to the Rules of Procedure for 2. Or a court officer or deputized person who:
Environmental Cases) a. Unduly delays; or
b. Refuses to serve the writ (Sec. 7, Rule 7)
CONTENTS OF PETITION
The verified petition shall contain the following: PERIOD TO FILE RETURN
1. The personal circumstances of the petitioner; Within a non-extendible period of 10 days after service of the
2. The name and personal circumstances of the respondent writ, the respondent shall file a verified return. (Sec. 8, Rule
or if the name and personal circumstances are unknown 7)
and uncertain, the respondent may be described by an
assumed appellation; EFFECT OF FAILURE TO FILE RETURN
3. The environmental law, rule or regulation violated or Failure to file a return shall cause the court to proceed to
hear the petition ex parte. (Sec.10, Rule 7)
threatened to be violated, the act or omission
complained of, and the environmental damage of such CONTENTS OF RETURN
magnitude as to prejudice the life, health or property of The verified return shall contain all defenses to show that
inhabitants in two or more cities or provinces; respondent:
4. All relevant and material evidence consisting of the 1. Did not violate or threaten to violate, or allow the
affidavits of witnesses, documentary evidence, scientific violation of any environmental law, rule or regulation;
or
or other expert studies, and if possible, object evidence;
2. Commit any act resulting to environmental damage of
5. Certification against forum shopping; and such magnitude as to prejudice the life, health or
6. The reliefs prayed for which may include a prayer for property of inhabitants in two or more cities or
the issuance of a Temporary Environmental Protection provinces.
Order (TEPO). (Sec. 2, Rule 7)
The return shall include affidavits of witnesses, documentary
EXEMPTION FROM DOCKET FEES evidence, scientific or other expert studies, and if possible,
object evidence, in support of the defense of the respondent.
Petitioner shall be exempt from the payment of docket fees.
(Sec. 8, Rule 7)
(Sec. 4, Rule 7)
NOTES:
● All defenses not raised in the return shall be deemed
ISSUANCE OF THE WRIT waived.
If the petition is sufficient in form and substance, the court ● A general denial of allegations in the petition shall be
shall give an order: considered as an admission thereof. (Sec. 8, Rule 7)
1. Issuing the Writ; and
PENALTY OF INDIRECT CONTEMPT
2. Requiring the respondent to file a verified return.
The court may after hearing punish the respondent for
indirect content who:
When: Within 3 days from the filing of the petition. (Sec. 5, 1. Refuses or unduly delays the filing of a return; or
Rule 7) 2. Makes a false return; or
3. Disobeys or resists a lawful process or order of the court.
CLERK OF COURT’S DUTY (Sec. 13, Rule 7)
The clerk of court shall issue the writ under the seal of the
court including the issuance of a cease and desist order and
other temporary reliefs effective until further order. (Sec. 5, PROHIBITED PLEADINGS AND MOTIONS
Rule 7)
HOW WRIT IS SERVED The following pleadings and motions are prohibited:
The court officer or any person deputized by the court shall: 1. Motion to Dismiss;
1. Personally serve the writ upon the respondent; and 2. Motion for extension of time to file return;
2. Retain a copy on which to make a return of service. 3. Motion for postponement;
4. Motion for a bill of particulars;

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5. Counterclaim or cross-claim; 4. Directing the respondent public official, government

6. Third-party complaint; agency, or private person or entity to make periodic
7. Reply; and reports on the execution of the final judgment; and
8. Motion to declare respondent in default. (Sec. 9, Rule 7) 5. Such other reliefs which relate to the right of the people
to a balanced and healthful ecology or to the protection,
NOTE: preservation, rehabilitation or restoration of the
● The purpose of prohibiting certain pleadings and environment, except the award of damages to individual
motions is to expedite the hearing of the petition.
petitioners. (Sec. 15, Rule 7)
● Motion for intervention is excluded from the
enumeration because allowing such is a reaffirmation of
the public participation aspect of the writ of kalikasan. NOTE: The reliefs that may be granted under the writ are
(Annotation to the Rules of Procedure for Environmental broad, comprehensive and non-exclusive. (Annotation to the
Cases) Rules of Procedure for Environmental Cases)
PRELIMINARY CONFERENCE DAMAGES FOR PERSONAL INJURY

Upon receipt of the return of the respondent, the court may A person who avails of the Writ of Kalikasan may also file a
call a preliminary conference to:
separate suit for the recovery of damages for injury suffered.
1. Simplify the issues
2. Determine the possibility of obtaining stipulations or (Annotation to the Rules of Procedure for Environmental Cases)
admissions from the parties, and
3. Set the petition for hearing. (Sec. 11, Rule 7) APPEAL
Any party may appeal to the Supreme Court under Rule 45 of
HEARING the Rules of Court.
The hearing and preliminary conference shall not extend ● Period for Appeal: Within 15 days from the date of
beyond 60 days and shall be given the same priority as notice of the adverse judgment or denial of motion for
petitions for the writs of habeas corpus, amparo and habeas reconsideration.
data. (Sec. 11, Rule 7) ● The appeal may raise questions of fact. (Sec. 16, Rule 7)
NOTE: Hearing is not summary. INSTITUTION OF SEPARATE ACTIONS

The environmental damage subject of the writ may involve The filing of a petition for the issuance of the Writ of
issues that are of a complex character, and for this reason, the Kalikasan shall not preclude the filing of separate civil,
hearing is not summary. The abbreviated time frame criminal or administrative actions. (Sec. 17, Rule 7)
required, however, insures that the proceedings are
expedited. (Annotation to the Rules of Procedure for
Environmental Cases)
DISCOVERY MEASURES
JUDGMENT (Sec. 12, Rule 7)

After hearing, the court shall issue an order submitting the
case for decision. A party may file a verified motion for the following reliefs:
● The court may require the filing of memoranda and if 1. Ocular Inspection Order
possible, in its electronic form, within a non-extendible ● The motion must:
period of 30 days from the date the petition is submitted a. Show that an ocular inspection order is
for decision. (Sec. 14, Rule 7) necessary to establish the magnitude of the
● When Judgment is Rendered: Within 60 days from the violation or the threat as to prejudice the life,
health or property of inhabitants in two or
time the petition is submitted for decision. (Sec. 15, Rule
more cities or provinces.
7) b. State in detail the place or places to be
inspected.
RELIEFS GRANTED UNDER THE WRIT c. Be supported by affidavits of witnesses
1. Directing respondent to permanently cease and desist having personal knowledge of the violation or
from committing acts or neglecting the performance of a threatened violation of environmental law.
duty in violation of environmental laws resulting in
environmental destruction or damage; ● Contents of Ocular Inspection Order
a. Court order that any person in possession or
2. Directing the respondent public official, government
control of a designated land or other property
agency, private person or entity to protect, preserve, to permit entry for the purpose of inspecting
rehabilitate or restore the environment; or photographing the property or any relevant
3. Directing the respondent public official, government object or operation thereon.
agency, private person or entity to monitor strict b. Specific person or persons authorized to make
compliance with the decision and orders of the court; the inspection and the date, time, place and
manner of making the inspection and may
prescribe other conditions to protect the
constitutional rights of all parties.

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petition ex parte.
2. Order for Production or Inspection of documents or
things (5) Hearing
● The motion must show that a production order is • Upon receipt of the respondent’s return, the court
necessary to establish the magnitude of the may call a preliminary conference.
violation or the threat as to prejudice the life, health • Period: Hearing, including the preliminary
or property of inhabitants in two or more cities or conference shall not extend beyond 60 days.
provinces. • Given priority similar to writs of habeas corpus,
● Contents of Production Order amparo, and habeas data.
(6) Court issues Order submitting the case for decision
a. Court order that any person in possession,
The court may require the filing of memoranda and if
custody or control of any designated
possible, in its electronic form, within a non-extendible
documents, papers, books, accounts, letters, period of 30 days from the date the petition is submitted
photographs, objects or tangible things, or for decision.
objects in digitized or electronic form, which (7) Judgment
constitute or contain evidence relevant to the Period to Render Judgment: Within 60 days from the time
petition or the return, to produce and permit the Petition is submitted for decision.
their inspection, copying or photographing by
NOTE: Within 15 days from the date of notice of the
or on behalf of the movant.
adverse judgment or denial of motion for reconsideration,
b. Specific person or persons authorized to make any party may appeal to the Supreme Court under Rule 45
the production. of the Rules of Court. The appeal may raise questions of
c. The date, time, place and manner of making fact.
the inspection or production.
d. Other conditions as may be prescribed to
protect the constitutional rights of all parties.
WRIT OF CONTINUING MANDAMUS
PROCEDURE FOR WRIT OF KALIKASAN (Rule 7)

It is writ issued by a court in an environmental case directing
(1) File Verified Petition with Certificate Against Forum any agency or instrumentality of the government or officer
Shopping thereof to perform an act or series of acts decreed by final
(2) The Court issues an order: judgment which shall remain effective until judgment is fully
a) Issuing the Writ; and satisfied. (Sec. 4(c), Rule 1)
b) Requiring the respondent to file a verified return.
WHEN AVAILABLE
When: Within 3 days from the date of filing of the Petition 1. When any agency or instrumentality of the government
(3) Service of the Writ or officer thereof:
Court officer or any person deputized by the court shall: a. Unlawfully neglects the performance of an act
1. Serve the writ upon the respondent personally; and which the law specifically enjoins as a duty
2. Retain a copy on which to make a return of service. resulting from an office, trust or station in
connection with the enforcement or violation of an
NOTE: If it cannot be served personally, substituted
service shall apply. environmental law rule or regulation or a right
(4) Respondent files a Verified Return therein; or
Period: within a non-extendible period of 10 days after b. Unlawfully excludes another from the use or
service of the Writ enjoyment of such right.
2. There is no other plain, speedy, and adequate remedy in
Contents of Return: the ordinary course of law (Sec. 1, Rule 8)
All defenses to show that respondent:
1. Did not violate or threaten to violate, or allow the
violation of any environmental law, rule or WHO MAY FILE
regulation; or The person aggrieved may file a verified petition. (Sec. 1, Rule
2. Commit any act resulting to environmental damage 8)
of such magnitude as to prejudice the life, health or
property of inhabitants in two or more cities or
provinces. CONTENTS OF PETITION
The verified petition must contain:
NOTE: The return shall include affidavits of witnesses,
documentary evidence, scientific or other expert studies, 1. Allegation of the facts with certainty,
and if possible, object evidence, in support of the defense 2. Supporting evidence attached, specifying that the
of the respondent. petition concerns an environmental law, rule or
regulation; and
Failure to file Return: the court shall proceed to hear the

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3. Prayer that judgment be rendered commanding the 1. Require the respondent to submit periodic reports
respondent to do an act or series of acts until the detailing the progress and execution of the judgment.
judgment is fully satisfied, and to pay damages (Sec. 7, Rule 8)
sustained by the petitioner by reason of the malicious ● The periodic reports submitted by the respondent
neglect to perform the duties of the respondent, under detailing compliance with the judgment shall be
the law, rules or regulations. contained in partial returns of the writ. (Sec. 8, Rule
4. A sworn certification of non-forum shopping. (Sec. 1, 8)
Rule 8) 2. May, by itself or through a commissioner or the
appropriate government agency, evaluate and monitor
WHERE TO FILE PETITION compliance. (Sec. 7, Rule 8)
Regional Trial Court exercising jurisdiction over the territory
where the actionable neglect or omission occurred or with the NOTE: The petitioner may submit its comments or
Court of Appeals or the Supreme Court. (Sec. 2, Rule 8) observations on the execution of the judgment. (Sec. 7, Rule 8)
NO DOCKET FEES RETURN OF WRIT

The petitioner shall be exempt from the payment of docket A final return of the writ shall be made to the court by the
fees. (Sec. 3, Rule 8) respondent, upon full satisfaction of the judgment.
● If the court finds that the judgment has been fully
implemented, the satisfaction of judgment shall be
ORDER TO COMMENT
entered in the court docket. (Sec. 8, Rule 8)
If the petition is sufficient in form and substance, the court
shall:
1. Issue the writ; and
2. Require the respondent to comment on the petition PROCEDURE FOR WRIT OF CONTINUING MANDAMUS
● Period to Comment: Within 10 days from receipt of (Rule 8)
a copy thereof. (1) Person aggrieved files a Verified Petition with
Certification Against Forum Shopping
NOTE: The order shall be served on the respondents together
with a copy of the petition and any annexes thereto. (Sec. 4, Contents of Petition:
1. Allegation of the facts with certainty
Rule 8)
2. Attachment of supporting evidence, specifying that
the petition concerns an environmental law, rule or
EXPEDITING PROCEEDINGS; TEMPORARY regulation, and;
ENVIRONMENTAL PROTECTION ORDER (TEPO) 3. Prayer that judgment be rendered commanding the
The court may issue orders to expedite the proceedings, and respondent to do an act or series of acts until the
may also grant a TEPO for the preservation of the rights of the judgment is fully satisfied, and to pay damages
sustained by the petitioner by reason of the malicious
parties pending such proceedings. (Sec. 5, Rule 8)
neglect to perform the duties of the respondent,
under the law, rules or regulations.
PROCEEDINGS AFTER FILING COMMENT OR TIME OF (2) Court issues an Order:
FILING EXPIRES a) Issuing the Writ after finding that the petition is
The court may: sufficient in form and substance; and
1. Conduct a summary hearing; or b) Requiring the respondent to comment on the petition
2. Require the parties to submit memoranda. within 10 days from receipt of a copy thereof
(3) Service of Order to the Respondents together with a
copy of the petition and any annexes thereto
The petition shall be resolved without delay within 60 days
(4) Respondent files Comment within 10 days after
from the date of the submission of the petition for resolution. receipt of copy of Order
(Sec. 6, Rule 8) (5) Summary Hearing
When: After the comment is filed, or time of filing thereof
JUDGMENT has expired.
If warranted, the court shall grant: (6) Submission of the Petition for Resolution
1. The privilege of the writ of continuing mandamus (7) Resolution of Petition (within 60 days from date of
requiring respondent to perform an act or series of acts submission of the petition for resolution)
(8) Judgment
until the judgment is fully satisfied; and
If warranted, the court shall grant:
2. Such other reliefs as may be warranted resulting from
3. The privilege of the writ of continuing mandamus
the wrongful or illegal acts of the respondent. (Sec. 7,
requiring respondent to perform an act or series of
Rule 8)
acts until the judgment is fully satisfied; and
4. Such other reliefs as may be warranted resulting from
OTHER COURT’S DUTIES
the wrongful or illegal acts of the respondent.

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to be violated.
Periodic Reports
The court shall require the respondent to submit periodic Respondent
reports detailing the progress and execution of the
judgment, and the court may, by itself or through a
commissioner or the appropriate government agency,
May be a public or private Government or its officers.
evaluate and monitor compliance.
entity or individual.
The periodic reports submitted by the respondent
Exemption from docket fees
detailing compliance with the judgment shall be contained
in partial returns of the writ.
(9) Return of Writ upon full satisfaction of the Judgment
Exempted Exempted
DISTINCTIONS BETWEEN WRIT OF KALIKASAN AND Venue

WRIT OF CONTINUING MANDAMUS
WRIT OF KALIKASAN CONTINUING 1. Supreme Court; or 1. Regional Trial Court
MANDAMUS 2. Any of the stations of exercising jurisdiction
the Court of Appeals over the territory
Subject Matter where the actionable
neglect or omission
occurred;
Available against an Directed against: 2. Court of Appeals
unlawful act or omission of 1. Unlawful neglect in 3. Supreme Court
a public official or the performance of an
employee, or private act which the law Discovery Measures
individual or entity, specifically enjoins as
involving environmental a duty resulting from
damage of such magnitude an office, trust, or Incorporates the procedural Does not contain any
as to prejudice life, health or station in connection environmental right of provision for discovery
property of inhabitants in 2 with the enforcement access to information measures
or more cities or provinces. or violation of an through use of discovery
environmental law, measures such as:
Magnitude of rule or regulation, or a 1. Ocular Inspection
environmental damage right therein; or Order
is a condition sine qua non, 2. Unlawfully exclusion 2. Production Order
and must be contained in of another from the
the verified petition. use or enjoyment of Damages for Personal Injury
such right;
Where in both instances, No damages may be Damages allowed for the

there is no other plain, awarded in a petition for malicious neglect of the
speedy, and adequate issuance of a Writ of performance of the legal
remedy in the ordinary Kalikasan. If a party wishes duty of the respondent
course of law. to be indemnified for
injuries suffered, separate
Who May File institution of an action for
recovery may be availed of.
1. Natural or Juridical One who is personally (Annotation to the Rules of Procedure for Environmental Cases)
Person aggrieved by the unlawful
2. Entity authorized by act or omission.
law
3. People’s organization,
or any public interest
group accredited by or
CRIMINAL PROCEDURE
registered with any
government agency,
on behalf of persons
whose right to a WHO MAY FILE
balanced and
healthful ecology is The following persons may file a criminal complaint for the
violated or threatened prosecution of an environmental case:
1. Any offended party;

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2. Peace officer; or committed it. (Sec. 1, Rule 11)

3. Any public officer charged with the enforcement of an
environmental law. (Sec. 1, Rule 9) PRESUMPTION OF REGULARITY
Individuals deputized by the proper government agency who
SPECIAL PROSECUTOR are enforcing environmental laws shall enjoy the
In criminal cases, where there is no private offended party, a presumption of regularity when effecting arrests for
counsel whose services are offered by any person or violations of environmental laws. (Sec. 1, Rule 11)
organization may be allowed by the court as special
prosecutor, with the consent of and subject to the control and NOTE: To enjoy the presumption of regularity, proper
supervision of the public prosecutor. (Sec. 3, Rule 9) documents pertaining to deputization must be made
available, if feasible, to the individual about to be arrested.
(Annotation to the Rules of Procedure for Environmental Cases)
INSTITUTION OF CRIMINAL AND CIVIL ACTION
STRATEGIC LAWSUIT AGAINST PUBLIC

WHEN CIVIL ACTION FOR RECOVERY OF CIVIL PARTICIPATION
LIABILITY DEEMED INSTITUTED WITH THE
CRIMINAL ACTION
GENERAL RULE: When a criminal action is instituted, the MOTION TO DISMISS
civil action for the recovery of civil liability arising from the Upon the filing of an information in court and before
offense charged, shall be deemed instituted with the arraignment, the accused may file a motion to dismiss on the
criminal action ground that the criminal action is a SLAPP. (Sec. 1, Rule 19)
EXCEPTIONS: NOTES:
1. The complainant waives the civil action; ● Filing a motion to dismiss is the manner to allege that a
2. The complainant reserves the right to institute it criminal action is a SLAPP rather than a motion to quash.
separately; or
3. The complainant institutes the civil action prior to the
criminal action. (Sec. 1, Rule 10) Motion to Dismiss Motion to Quash
RESERVATION OF RIGHT TO INSTITUTE Allows the action to be Directed at the Information

SEPARATELY CIVIL ACTION challenged as a SLAPP
General rule: The reservation of the right to institute separately
the civil action shall be made during arraignment. Granting a motion to The grant of a motion to
Exception: Unless the civil action has been instituted prior to dismiss bars the refiling of a quash does not bar the
the criminal action. (Sec. 1, Rule 10) SLAPP in accordance with filing of a subsequent
the law of the case Information.
NOTE:
● In case civil liability is imposed or damages are awarded,
the filing and other legal fees shall be imposed on said ● Unlike that of Civil Procedure in Environmental Cases,
award, and the fees shall constitute a first lien on the there is no provision on prohibited pleadings under
judgment award. Criminal Procedure in Environmental Cases. Thus, not
● In cases where there is no private offended party, the being prohibited, the defense of SLAPP can be validly
damages awarded, less the filing fees, shall accrue to the raised in a motion to dismiss. (Annotation to the Rules of
funds of the agency charged with the implementation of Procedure for Environmental Cases)
the environmental law violated.
○ The award shall be used for the restoration and SUMMARY HEARING
rehabilitation of the environment adversely The hearing on the defense of a SLAPP shall be summary in
affected. (Sec. 1, Rule 10) nature. The parties must submit all the available evidence in
support of their respective positions. (Sec. 2, Rule 19)
QUANTUM OF EVIDENCE
ARREST WITHOUT WARRANT, WHEN VALID ● The party seeking the dismissal of the case: prove by
substantial evidence that his acts for the enforcement of
A peace officer or an individual deputized by the proper environmental law is a legitimate action for the
government agency may arrest a person, without a warrant: protection, preservation and rehabilitation of the
environment.
(a) When, in his presence, the person to be arrested has
committed, is actually committing or is attempting to commit ● The party filing the action assailed as a SLAPP: prove
an offense; or by preponderance of evidence that the action is not a
SLAPP. (Sec. 2, Rule 19)
(b) When an offense has just been committed, and he has
probable cause to believe based on personal knowledge of RESOLUTION
facts or circumstances that the person to be arrested has

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The court shall grant the motion if the accused establishes in PROCEDURE (Rule 12)
the summary hearing that the criminal case has been filed Absent applicable laws or rules promulgated by the
with intent to: concerned government agency, the following procedure
1. Harass; shall be observed:
2. Vex;
3. Exert undue pressure; or
4. Stifle any legal recourse that any person, institution or Initial custody and control of seized items, equipment,
the government has taken or may take in the paraphernalia, conveyances, and instruments
enforcement of environmental laws, protection of the
environment or assertion of environmental rights. Apprehending officer having such initial custody and
control shall:
If the court denies the motion: The court shall immediately 1. physically inventory; and
proceed with the arraignment of the accused. (Sec. 3, Rule 19) 2. whenever practicable, photograph the same in the
presence of the person from whom such items were
STRATEGIC LAWSUIT AGAINST PUBLIC seized. (Sec. 2(a), Rule 12)
PARTICIPATION IN CRIMINAL PROCEDURE (Rule 19)
SLAPP criminal action is filed by plaintiff or adverse Apprehending officer shall submit:
party (alleged violator)
REMEDY:
If with warrant: In case of warrantless
Accused should file a Motion to Dismiss on the ground The return of the search arrest:
that the criminal action is a SLAPP. warrant ● Inventory report
● Compliance report
When: Upon the filing of an information in court and When: within 5 days from ● Photographs
before arraignment. date of seizure ● Representative
Summary Hearing Ensues samples; and
Resolution To whom: to the issuing ● other pertinent
court (Sec. 2(b), Rule 12) documents
Grant motion to dismiss if: If the court denies the

motion to dismiss: When: 5 days from date of
In the summary hearing, seizure
the court finds that the The court shall
criminal case has been filed immediately proceed with
the arraignment of the To whom: to the public
with intent to harass, vex, prosecutor (Sec. 2(b), Rule
exert undue pressure, or accused.
12)
stifle any legal recourse
that any person, institution,
Upon motion by any interested party, the court may direct
or the government has
the auction sale of seized items, equipment, paraphernalia,
taken, or may take in the
tools or instruments of the crime. (Sec. 2(c), Rule 12)
enforcement of
environmental laws,
protection of the After hearing, the court shall fix the minimum bid price
environment or assertion based on the recommendation of the concerned
of environmental rights. government agency. (Sec. 2(c), Rule 12)
Notice Requirement:
The auction sale shall be with notice to
1. the accused;
2. the person from whom the items were seized; or
PROCEDURE IN THE CUSTODY AND DISPOSITION OF
3. the owner thereof;
SEIZED ITEMS 4. and the concerned government agency. (Sec. 2(d), Rule
12)
CUSTODY AND DISPOSITION OF SEIZED ITEMS
The custody and disposition of seized items shall be in The notice of auction shall be posted in three conspicuous
accordance with the applicable laws or rules promulgated by places in the city or municipality where the items,
the concerned government agency. (Sec. 1, Rule 12) equipment, paraphernalia, tools or instruments of the
crime were seized. (Sec. 2(e), Rule 12)
The administrative agency which has authority under law to
regulate the item subject of seizure likewise retains authority The sheriff shall conduct the auction.
to assume custody over and dispose of seized items, should
their existing rules provide for such. (Annotation to the Rules of
Procedure for Environmental Cases) The proceeds shall be held in trust and deposited with the
government depository bank for disposition according to
NOTE: This is without prejudice to the applicability of the judgment. (Sec. 2(f), Rule 12)
Section 2, Rule 12.

Remedial Law
NOTE: The foregoing procedure concerns two aspects of ARRAIGNMENT AND PLEA
seizure.
● First Aspect: Concerns the chain of custody of the seized
items, equipment, paraphernalia, conveyances, and WHEN
instruments. The arraignment shall be within 15 days from the time the
○ Subparagraphs (a) and (b) are meant to assure the court acquires jurisdiction over the accused. (Sec. 1, Rule 15)
integrity of the evidence after seizure, for later
presentation at the trial. NOTICE TO ENTERTAIN PLEA-BARGAINING
There shall be notice that the court will entertain plea-
● Second Aspect: Deals with the disposition of the seized bargaining on the date of the arraignment to:
materials. 1. the public prosecutor; and
○ This addresses the concern of deterioration of the 2. offended party; or
materials, most of which are perishable, while in 3. concerned government agency (Sec. 1, Rule 15)
custodia legis.
(Annotation to the Rules of Procedure for Environmental PLEA-BARGAINING
Cases) On the scheduled date of arraignment, the court shall
consider plea-bargaining arrangements.
Where the prosecution and offended party or concerned

BAIL government agency agree to the plea offered by the accused,
the court shall:
WHERE TO FILE BAIL (a) Issue an order which contains the plea-bargaining
Bail in the amount fixed may be filed: arrived at;
1. With the court where the case is pending; or
2. In the absence or unavailability of the judge thereof, with (b) Proceed to receive evidence on the civil aspect of the case,
any regional trial judge, metropolitan trial judge, if any; and
municipal trial judge or municipal circuit trial judge in
the province, city or municipality. (c) Render and promulgate judgment of conviction, including
3. If the accused is arrested in a province, city or the civil liability for damages. (Sec. 2, Rule 15)
municipality other than where the case is pending, bail
may also be filed with:
a. any Regional Trial Court of said place, or
b. if no judge thereof is available, with any PRE-TRIAL
metropolitan trial judge, municipal trial judge or
municipal circuit trial judge therein. (Sec. 1, Rule 14)
PRE-TRIAL CONFERENCE
NOTE: If the court grants bail, the court may issue a hold- After arraignment, the court shall set the pre-trial conference
departure order in appropriate cases. (Sec. 1, Rule 14) within 30 days. (Sec. 1, Rule 16)
DUTIES OF THE COURT BEFORE GRANT OF PRELIMINARY CONFERENCE

APPLICATION FOR BAIL If warranted, the court may refer the case to the branch clerk
The judge must: of court for a preliminary conference to be set at least 3 days
1. Read the information in a language known to and prior to the pre-trial. (Sec. 1, Rule 16)
understood by the accused; and
2. Require the accused to sign a written undertaking. (Sec. PURPOSE OF PRELIMINARY CONFERENCE
2, Rule 14) The preliminary conference shall be for the following
purposes:
WRITTEN UNDERTAKING BY ACCUSED
a) To appear before the court that issued the warrant of a) To assist the parties in reaching a settlement of the civil
arrest for arraignment purposes on the date scheduled, aspect of the case;
and if the accused fails to appear without justification on b) To mark the documents to be presented as exhibits;
the date of arraignment, accused waives the reading of c) To attach copies thereof to the records after comparison
the information and authorizes the court to enter a plea with the originals;
of not guilty on behalf of the accused and to set the d) To ascertain from the parties the undisputed facts and
case for trial; admissions on the genuineness and due execution of
documents marked as exhibits;
b) To appear whenever required by the court where the e) To consider such other matters as may aid in the prompt
case is pending; and disposition of the case;
f) To record the proceedings during the preliminary
c) To waive the right of the accused to be present at the conference in the Minutes of Preliminary Conference to
trial, and upon failure of the accused to appear without be signed by the parties and counsel;
justification and despite due notice, the trial may g) To mark the affidavits of witnesses which shall be in
proceed in absentia. (Sec. 2, Rule 14) question and answer form and shall constitute the direct
examination of the witnesses; and

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h) To attach the Minutes and marked exhibits to the case

record before the pre-trial proper. (Sec. 2, Rule 16) PROVISIONAL REMEDIES
The following procedural remedies may be availed of:
DUTY OF THE JUDGE IN PRE-TRIAL 1. Attachment under Rule 127 of the Rules of Court (Sec.
During the pre-trial, the court shall: 1, Rule 13)
2. Environmental Protection Order (EPO) (Sec. 2, Rule 13)
a) Place the parties and their counsels under oath; 3. Temporary Environmental Protection Order (TEPO)
b) Adopt the minutes of the preliminary conference as part (Sec. 2, Rule 13)
of the pre-trial proceedings, confirm markings of
exhibits or substituted photocopies and admissions on
the genuineness and due execution of documents, and EVIDENCE
list object and testimonial evidence;
c) Scrutinize the information and the statements in the
affidavits and other documents which form part of the PRECAUTIONARY PRINCIPLE
record of the preliminary investigation together with
other documents identified and marked as exhibits to CONCEPT
determine further admissions of facts as to: Precautionary principle states that when human activities
a. The court’s territorial jurisdiction relative to may lead to threats of serious and irreversible damage to the
the offense(s) charged; environment that is scientifically plausible but uncertain,
b. Qualification of expert witnesses; and actions shall be taken to avoid or diminish that threat. (Sec.
c. Amount of damages; 4(f), Rule 1)
d) Define factual and legal issues; APPLICABILITY

e) Ask parties to agree on the specific trial dates and adhere The Precautionary Principle applies when there is a lack of
to the flow chart determined by the court which shall full scientific certainty in establishing a causal link between
contain the time frames for the different stages of the human activity and the environmental effect. (Sec. 1, Rule 20)
proceeding up to promulgation of decision;
f) Require the parties to submit to the branch clerk of court PRINCIPLE OF LAST RESORT
the names, addresses and contact numbers of witnesses For purposes of evidence, the precautionary principle should
that need to be summoned by subpoena; and be treated as a principle of last resort, where application of the
g) Consider modification of order of trial if the accused regular Rules of Evidence would cause in an inequitable
admits the charge but interposes a lawful defense. (Sec. result for the environmental plaintiff:
3, Rule 16)
1. Settings in which the risks of harm are uncertain;
AGREEMENTS OR ADMISSIONS 2. Settings in which harm might be irreversible and what is
All agreements or admissions made or entered during the
lost is irreplaceable; and
pre-trial conference shall be: 3. Settings in which the harm that might result would be
1. Reduced in writing serious.
2. Signed by the accused and counsel
When these features coincide, the case for the precautionary
NOTE: If not in writing or signed by accused and counsel, principle is strongest. When in doubt, cases must be resolved
they cannot be used against the accused. (Sec. 5, Rule 16) in favor of the constitutional right to a balanced and healthful
ecology. (Annotation to the Rules of Procedure for Environmental
PRE-TRIAL ORDER Cases)
The court shall issue a pre-trial order within 10 days after the
termination of the pre-trial, setting forth:
1. Actions taken during the pre-trial conference
2. Facts stipulated STANDARDS FOR APPLICATION OF THE
3. Admissions made PRECAUTIONARY PRINCIPLE
4. Evidence marked
5. Number of witnesses to be presented In applying the precautionary principle, the following factors,
6. Schedule of trial. among others, may be considered:
1. Threats to human life or health;
NOTE: The order shall bind the parties and control the course 2. Inequity to present or future generations; or
of action during the trial. (Sec. 7, Rule 16) 3. Prejudice to the environment without legal
consideration of the environmental rights of those
affected. (Sec. 2, Rule 20)
SUBSIDIARY LIABILITIES NOTE: While its phraseology is couched in general terms,

thus permitting ample judicial discretion in its application,
In case of conviction of the accused and subsidiary liability is the application of the precautionary principle is limited in
allowed by law, the court may, by motion of the person cases where there is truly a doubt in the evidence available.
entitled to recover under judgment, enforce such subsidiary (Annotation to the Rules of Procedure for Environmental Cases)
liability against a person or corporation subsidiarily liable
under Article 102 and Article 103 of the Revised Penal Code.
(Rule 18)

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PHOTOGRAPHIC, VIDEO, AND SIMILAR EVIDENCE

ADMISSIBLE WHEN AUTHENTICATED
Photographs, videos and similar evidence of events, acts,
transactions of wildlife, wildlife by-products or derivatives,
forest products or mineral resources subject of a case shall be
admissible when authenticated by:
1. The person who took the same;
2. By some other person present when said evidence was
taken; or
3. By any other person competent to testify on the accuracy
thereof. (Sec. 1, Rule 21)
ENTRIES IN OFFICIAL RECORDS AS PRIMA FACIE

EVIDENCE
Entries in official records made in the performance of his duty
by a public officer of the Philippines, or by a person in
performance of a duty specially enjoined by law, are prima
facie evidence of the facts therein stated. (Sec. 2, Rule 21)

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DE LA SALLE UNIVERSITY COLLEGE OF LAW

Lasallian Commission on Bar Operations 2018

Ces Naga Jasfer Tagacay

SHARIAH COURTS ........................................ 6

Table of Contents HOW JURISDICTION OVER THE

Lasallian Commission on Bar Operations 2018 1

ACTION IN REM, IN PERSONAM, AND CROSS-CLAIMS ........................................ 20

Lasallian Commission on Bar Operations 2018 2

PRIORITIES IN MODES OF SERVICE GROUNDS................................................. 35

Lasallian Commission on Bar Operations 2018 3

COMPELLING ATTENDANCE OF ISSUES IN TRIAL............................................. 47

Lasallian Commission on Bar Operations 2018 4

JUDGMENT ON THE PLEADINGS VERSUS RELIEF FROM JUDGMENTS OR FINAL

Lasallian Commission on Bar Operations 2018 5

ISSUED BY A FAMILY COURT...................... 71 EXCEPTIONS .................................................... 76

Lasallian Commission on Bar Operations 2018 6

WHO MAY FILE THE ACTION.................... 85 INJUNCTIVE RELIEF .................................. 90

Lasallian Commission on Bar Operations 2018 7

DEFENSES AND OBJECTIONS .................... 95 DEFICIENCY JUDGMENT ......................... 101

Lasallian Commission on Bar Operations 2018 8

ACTION OF THE COURT UPON ACTION FOR FORCIBLE ENTRY AND

Lasallian Commission on Bar Operations 2018 9

CRIMINAL CONTEMPT AND CIVIL SETTLEMENT OF ESTATE OF DECEASED

SPECIAL PROCEEDINGS ..... 126 LETTERS TESTAMENTARY AND

Lasallian Commission on Bar Operations 2018 10

FILING OF PETITION FOR REMEDY OF AN HEIR ENTITLED TO

Lasallian Commission on Bar Operations 2018 11

PROVISIONAL ORDER AWARDING GROUNDS FOR CHANGE OF NAME ...... 160

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AMENDMENT OF THE COMPLAINT OR REQUISITES OF A VALID WARRANT OF

Lasallian Commission on Bar Operations 2018 13

MOTION TO QUASH VIS-À-VIS CONTENTS OF A JUDGMENT OF

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PARTICULARITY OF THE PLACE OR PERSON TO PRESUMPTIONS ........................................... 226

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Public Documents as Evidence; Proof of Character Evidence in Criminal Cases........ 256

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EXCEPTION: NEWLY-DISCOVERED ORDER TO COMMENT................................ 274

PROCEDURE FOR CITIZEN’S SUIT ........... 267 PURPOSE OF PRELIMINARY CONFERENCE

Lasallian Commission on Bar Operations 2018 17

CONCEPT OF REMEDIAL LAW

A significant element of the Philippine judicial process is its

It provides for the rules and methods for the enforcement or

Contending parties present before a court their conflicting

SUBSTANTIVE LAW DISTINGUISHED

SUBSTANTIVE LAW PROCEDURAL LAW

GENERAL Cannot be enacted by the

RULE MAKING POWER OF THE SUPREME

Rule-making power, defined: The Supreme Court has the

1 Phil. Const., Sec. 5 (5), Art. VIII.

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LIMITATIONS ON THE RULE-MAKING POWER OF THE NATURE OF PHILIPPINE COURTS

COURT AS DISTINGUISHED FROM A JUDGE

Lasallian Commission on Bar Operations 2018 2

CONSTITUTIONAL AND STATUTORY COURTS

PRINCIPLE OF JUDICIAL HIERARCHY

Exception: The Doctrine of Hierarchy of Courts may be

The doctrine of non-interference is also applicable to

Lasallian Commission on Bar Operations 2018 3

e. APPELLATE JURISDICTION BY WAY OF PETITION FOR

Lasallian Commission on Bar Operations 2018 4

Lasallian Commission on Bar Operations 2018 5

Receiver or Management Committee created deprived by the