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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
Inno Loreto
Special Civil Actions Subject
Head
Karen Olivete
Evidence Subject Head
Remedial Law
ADVERSARIAL SYSTEM
(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
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.
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)
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)
(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
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 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.
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)
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
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.
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
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:
TOTALITY RULE
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.
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.
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.
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
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
there is only one plaintiff and defendant because in such case there
are no parties to be joined.
13 Sec. 15, Rule 3, ROC. 15 Torres vs. Rodellas, G.R. No. 177836 (2009)
14 Lawas vs. CA, 146 SCRA 173
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.
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.
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.
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
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
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
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
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
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
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.
26 Neplum, Inc vs. Orbeso, G.R. No. 141986, July 11, 2002
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.
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
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
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.
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
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
(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
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
(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.
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
COMPLIANCE WITH THE ORDER AND EFFECT OF ü It hypothetically admits the facts stated in the
NON-COMPLIANCE complaint.
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.
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.
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.
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.
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
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.
45 Sec. 2, Rule 17
44 Ching vs. Cheng, G.R. No. 175507 (2014)
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.
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
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.
(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.
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
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
49 Sec. 4, Rule 23
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
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
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 pro- duction
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
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.
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)
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
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.
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
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.
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,
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
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)
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)
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
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)
POST-JUDGMENT REMEDIES
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
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
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.
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.
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)
MODES OF APPEAL
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 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
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
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
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)
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.
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.
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)
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 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)
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
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
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.
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
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.
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.
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
84 Asiavest Limited vs Court of Appeals, 296 SCRA 529 85 Republic vs. Gingoyon 2006
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
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
(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).
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
(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.
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
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.
Filing of
Filing of Supplemental
Complain Pleadings
t (Optional)
Docketing
and
Raffling
Service of
Summons
Hearing
Service of Summons
Pre-Trial
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
GENERAL MATTERS
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).
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).
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
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
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
INJUNCTIVE RELIEF
REFLIEFS PETITIONER IS ENTITLED TO
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)
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
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
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
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.
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.
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)
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?
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.
(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
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
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
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)
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)
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.)
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
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
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.
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
WHEN ALLEGATIONS IN COMPLAINT NOT FOR A final order decreeing partition and accounting may be
appealed by any party aggrieved thereby. (Id.)
PARTITION
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)
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.
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
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.
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
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
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)
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)
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)
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.
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)
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)
heard. This is because an ejectment suit is an action in DUAL FUNCTION OF CONTEMPT PROCEEDINGS:
personam.
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
AS TO NATURE
(1) Criminal
(2) Civil CRIMINAL CONTEMPT AND CIVIL CONTEMPT,
DISTINGUISHED
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)
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)
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)
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
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
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.
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-
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.
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-
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.
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,
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,
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
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))
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)
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)
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
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.
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)
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
(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
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.
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
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
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.
HOW TO FILE A CLAIM Claims that survive Claims that do not survive
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
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:
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
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
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)
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)
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.
● 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
● 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
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)
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
(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.
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.
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
(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).
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:
(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)
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.
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 ----
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
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
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
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.
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
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.
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)
CLERICAL ERROR
Error which is visible to the eye or obvious to the
understanding; mistake in copying or writing; misspelling or
misstatement
DIFFERENCES UNDER RULE 103, RULE 108, AND R.A. 9048 (amended by 10172)
Cancellation/Correction of Entries
Name of Law Change of Name Clerical Error Act
in the Civil Registry
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.
ABSENTEES
CANCELLATION OR CORRECTION OF
ENTRIES IN THE CIVIL REGISTRY
PURPOSE OF THE RULE
GENERAL MATTERS
CRIMINAL 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
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
(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
the SC;
Exclusive jurisdiction
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.
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.
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
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)
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
Intervention of the offended party in THE PROSECUTION a reasonable opportunity to make such reservation.
OF THE criminal action
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
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
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).
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
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)
REVIEW (9) For tax and tariff cases, a petition for certiorari
under Rule 65 may be filed before the CTA. (BOC v.
Devanadera, 2015)
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)
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)
(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)
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
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.
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
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
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.
(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
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.
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
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.
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)
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
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
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)
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),
Rule 116, Rules of Court)
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)
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
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
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
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
(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)
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:
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)
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)
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.
(Sec. 17, Rule 119, Rules of Court)
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.
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)
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.
(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,
Rule 120, Rules of Court)
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.
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.
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)
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
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.
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)
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,
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.
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
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
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)
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
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)
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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)
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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)
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.
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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)
“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)
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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.
(Sec. 2, Rule 127, Rules of Court)
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.
(Sec. 2, Rule 127, Rules of Court)
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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Commission of a crime
Quashal, amendment or
substitution of
information
Application for bail Arrest with warrant
Pre-trial
Trial
Promulgation of
Acquittal Conviction
judgment
New Trial or
Reconsideration
Appeal
Execution of judgment
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Preliminary investigation
Request additional
Dismiss information Issue arrest warrant
evidence
Arrest
No waiver of Art. 125 of Search and seizure Waiver of Art. 125 of the
the RPC incidental to a lawful RPC
warrantless arrest
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Mediation
Receipt of evidence to Searching inquiry on the
determine penalty to be voluntariness and full
Trial imposed comprehension of plea
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TRIAL
Defense’ comment to
formal offer
Prosecution’s comment to
formal offer
Sur-rebuttal by the
prosecution
Decision or judgment
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Trial
Appeal by Certiorari
Appeal under Rule 122 Extraordinary remedies
under Rule 65
Execution of judgment
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GENERAL PRINCIPLES
Concept 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)
Proof Evidence
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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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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)
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
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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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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)
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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
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)
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
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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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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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
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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.
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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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)
Disqualifications of a Witness
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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
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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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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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
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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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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)
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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
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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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.
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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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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)
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.
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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”.
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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)
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)
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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
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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)
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.
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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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)
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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.
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RATIONALE
So that in case of appeal, the appellate court may be able to
examine the same and determined the propriety of their
rejection
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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).
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.
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Preliminary Conference
Not later than thirty (30) days after the last answer is filed, a
preliminary conference shall be held.
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.
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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;
PROHIBITED PLEADINGS AND MOTIONS
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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.
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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)
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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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. 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.
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
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
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)
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;
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
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)
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
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;
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
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
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
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.
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 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)
DOCUMENTARY EVIDENCE