PCU 2018 Remedial Law Reviewer PDF

PCU Bar Operations 2018
REMEDIAL LAW PRE-WEEK NOTES
PHILIPPINE CHRISTIAN UNIVERSITY

COLLEGE OF LAW
REMEDIAL LAW
SUBJECT HEAD: JACOB BALLOS

Members: SOL JOANNA FRANY
DIANNE ESTORES
SUBJECT ADVISER: ATTY DERRICK VINCENT LU
ACADS HEAD: MALYN GONZALES

OVER ALL ADVISERS: ATTY. ISMAEL SARANGAYA, JR. and ATTY JUDE ITUDTUD
Philippine Christian University College of Law _1 | P a g e

CONFIDENTIALITY NOTICE: The contents of this document and any attachments herewith are intended solely for the PCU College of Law Alumni who are
taking the bar Examinations this November 2018 and may contain confidential and/or privileged information and may be legally protected from disclosure.

I. GENERAL PRINCIPLES OF REMEDIAL of a co-equal court over which it has no
LAW appellate jurisdiction or power of review.
Rule-making Power of the Supreme Court

(Art. VIII Sec. 5) II. GENERAL PRINCIPLES ON JURISDICTION
Limitations on the rule-making power of the How is jurisdiction determined?

Supreme Court
Jurisdiction over the subject matter is
(a) The rules shall provide a simplified determined by the allegations of the compliant
and inexpensive procedure for the regardless of whether or not the plaintiff is
speedy entitled to the claims asserted therein (Sunny
(b) They shall be uniform for all courts of Motors Sales, Inc. v. CA, G.R. No. 119900,
the same grade; August 16, 2001). It is not determined by:
(c) They shall not diminish, increase, or
a. The defenses in the answer or motion
modify substantive rights;
to dismiss (exception: defense of
(d) The power to admit attorneys to the
tenancy); or
Bar is not an arbitrary and despotic
b. By the evidence in the trial; or
one, to be exercised at the pleasure
c. Consent or agreement of the parties;
of the court, or from passion,
or
prejudice or personal hostility, but is
d. By estoppel (Tolentino v. CA, G.R. No.
the duty of the court to exercise and
123445, October 6, 1997)
regulate it by a sound and judicial
discretion. How is jurisdiction conferred?
Jurisdiction over the subject matter is conferred

Special Jurisdiction. Those which have only a
by the Constitution or by law. Nothing can
special jurisdiction for a particular purpose or are
change the jurisdiction of the court over the
clothed with special powers for the performance
subject matter. That power is a matter of
of specified duties beyond which they have no
legislative enactment which none but the
authority of any kind
legislative may change (Zamora v. CA, supra).
Principle of Judicial Hierarchy. A higher court
It is not conferred by:
will not entertain direct resort to it unless the
redress cannot be obtained in the appropriate
a. A court’s unilateral assumption of
courts. This is an ordained sequence of
jurisdiction (Tolentino v. Social Security
recourse to courts vested with concurrent
jurisdiction, beginning from the lowest, on to the Commission, G.R. No. L-28870,
next highest and ultimately to the highest. September 6, 1985);
b. Contract (Luna v. Carandang, G.R. No.
Doctrine of non-interference or doctrine of L-27145, November 29, 1968);
judicial stability. Courts of equal and c. Compromise (Kaisahan ng mga
coordinate jurisdiction cannot interfere with each Manggagawa sa La Campana v. De Los
other’s orders. The principle also bars a court Angalas, G.R. No. L-30798, November
from reviewing or interfering with the judgment 26,1970);
d. Agreement of the Parties; or
e. Acquiescence of the court (Republic of Residual Jurisdiction
the Philippines v. Estipular, G.R. No.
136588, July 20, 2000). The term refers to the authority of the trial court
to issue orders for the protection and
Principle of the Doctrine of Estoppel preservation of the rights of the parties. The
concept of residual jurisdiction is available at a
Objection to the jurisdiction of the court may be stage in which the court is normally deemed to
raised at any stage of the proceedings; estoppel have lost jurisdiction over the case or the subject
may in certain instances bar the raising of such matter involved in the appeal. There is no
objection. A party who has invoked the residual jurisdiction to speak of where no appeal
jurisdiction of the court over a particular matter or petition has even been filed (Fernandez v.
to secure affirmative relief active CA, G.R. No. 131094, May 16, 2005).
participation of a party in a case is tantamount
to recognition of the court’s jurisdiction and will
bar a party in impugning the court’s jurisdiction.
JURISDICTION OF PHILIPPINE COURTS
REGIONAL TRIAL COURT MeTC, MTC, MCTC, MuTC

A. Civil A. CIVIL
(1) Exclusive (1) Exclusive
o Other cases where demand or value o Actions involving personal property
of property in controversy exceeds valued at not more than 300K/400K
300K/400K o Actions demanding sum of money not
o Actions in admiralty and maritime exceeding 300K/400K
jurisdiction where demand/claim  Includes admiralty and maritime
exceeds 300K/400K cases
o Probate proceedings where gross o Probate proceedings where gross
value of estate exceeds 300K/400K value of estate does not exceed
o Actions not capable of pecuniary 300K/400K
estimation o Actions involving title/possession of
o Cases not falling within EJ of any real property where assessed value
court, tribunal, person or body does not exceeds 20K/50K
exercising judicial or quasi-judicial o Provisional remedies in principal
functions actions within their jurisdiction
o Under Securities and regulation Code o Summary Procedure
 Devices of schemes employed by  Forcible Entry and unlawful
the board of directors, business detainer
associates, its officers or  Irrespective of amount of
partnership, amounting to fraud or damages or unpaid rentals

misinterpretation sought to be recovered
 Controversies arising out of intra-  Small claim cases not exceeding
corporate partnership relations 200K
 Controversies in the election or  Other cases where total of the
appointment of directors, trustees, claim does not exceeds
officers, or managers of such 100K/200K
corporation, partnership or o Inclusion and exclusion of voters
association
 Petition to be declared in a state (2) Delegated
of suspension of payments o Cadastral and land registration cases
o Application for issuance of writ of  No controversy or opposition, and
search and seizure in civil actions for  Contested lots valued at more
infringement of intellectual property than 100K
o Violations of Anti-Money Laundering (3) Special
Act o Petition for Habeas Corpus
 In the absence of all RTC judges
B. CRIMINAL
(1) Exclusive A. CRIMINAL
o Not within the EJ of any court, (1) Exclusive
tribunal, or body o Summary procedure
 Offenses punishable with  Violations of traffic laws, rules and
imprisonment of more than 6 regulations
years  Violations of rental law
 Irrespective of fine  Violations of city/municipal
 Offenses not falling within EOJ of ordinances committed w/in
Sandiganbayan territorial jurisdiction
 None of the accused is  Offenses punishable with
occupying a position imprisonment of not more than 6
corresponding to salary grade months, or a fine not exceeding
“27” and higher 1K, or both
o Only penalty provided by law is a fine  Regardless of other
exceeding 4K impossible accessory or other
o Jurisdiction to impose the maximum penalties and civil liability arising
and most serious penalty imposable therefrom
for an offense forming part of the  Offenses involving damage to
complex crime property through criminal negligence
where impossible fine does not
exceed 10K
o Offenses punishable with imprisonment
of not more than 6 years
 Irrespective of fine
 Regardless of their impossible
accessory or other penalties and

civil liability arising therefrom
 Have EOJ over offenses involving
damages to property through
criminal negligence
o Offenses not falling within EOJ of
Sandiganbayan
 None of the accused is occupying
a position corresponding to salary
grade “27” and higher
o Only penalty provided by law is a fine
not exceeding 4K
(2) Special
o Application for bail
 In the absence of all RTC judges
III. CIVIL PROCEDURE What is the effect of a stipulation on venue

agreed by the parties?
Joinder and Misjoinder of Causes of Actions;
Effects: Venue becomes exclusive when the stipulation
clearly indicates, thru qualifying restrictive
The first is the uniting of two or more demands words (i.e. only, solely, exclusively in this court,
or right of action in a complaint. particularly, nowhere else except, in no other
courts save-) that parties designate a specific
The second is where causes of action are joined venue to the exclusion of any other court. The
when they should not be joined. It is not a mere stipulation is not enough to preclude
ground for dismissal. The erroneously joined parties from bringing a case in other venue
cause of action may, by motion of a party or absent any restrictive words. Without such
upon the court’s initiative, severed and words, it shall be deemed as merely an
proceeded with separately. agreement on an additional forum.
PARTIES TO CIVIL ACTIONS PLEADINGS
Is Misjoinder or Non-joinder of parties a General Rule: As a rule, a party who desires to

ground for dismissal of case? plead a compulsory counterclaim should not file
a motion to dismiss otherwise there will be no
Both are not per se a ground. However, when chance to invoke it.
the court orders joinder or dropping of a party
and such is not obeyed, it may be a ground to Exception: In the event that after the filing of
dismiss, upon motion, for failure to comply with a the answer with counterclaim the compliant was
lawful order of the court. dismissed by the court during the preliminary
hearing on the affirmative defense/s or the
VENUE plaintiff himself files a motion to dismiss.

Effects on the counterclaim when compliant on such terms and conditions as the judge may
is dismissed: impose in the interest of justice.
The counterclaim may proceed independent of What actions prohibit a declaration of

the complaint. Except when the complaint is default?
dismissed on the ground that the court did not
acquire jurisdiction. a. Action for annulment or marriage;
b. Declaration of nullity;
Effects of an Order of Default c. Legal separation;
d. Special civil actions for certiorari,
a. The defendant loses his standing in court prohibition, mandamus where a comment
preventing him from taking part in the trial instead of answer is required to be filled;
except as a witness; e. In small claims; and
b. The defendant is entitled to notices of f. In summary Procedure.
subsequent proceedings;
c. It is not an admission of the truth or validity SERVICE OF PLEADINGS (Modes of Service)
of the plaintiff’s claims, judgment is based on
the evidence presented. (Monarch Insurance Personal Service
Co., Inc. vs. CA, GR. No. 92735, June 8, - It is the preferred among the different modes
2000) It shall not exceed the amount of be of service done by:
different from that prayed for nor award a. Delivering a copy of the papers served
unliquidated damages. personally to the party or his counsel;
b. By leaving the papers in the counsel’s office
Effect of Partial Default with his clerk or person having charge
thereof;
Applies when a pleading asserts a claim against c. If no person is found in his office, or his
several defendants and some of them are office is not known, or he has no office, then
declared in default, the court shall try the case by leaving a copy between 8am and 6pm at
against all the defending parties based on the party’s or counsel’s residence, if known, with
answers filed and render judgment on the a person of sufficient age and discretion then
evidence presented where the claim states a residing therein.
common cause of action against them. Service by Mail
- Either by ordinary or registered mail.
How can relief be obtained from an Order of
Default? Substituted Service
- This mode is availed of only when there is
The defaulting party may, after notice of the failure to effect service either personally or
order and before judgment, file under oath a by mail. It is effected by the delivery of the
Motion to Lift the Order and show that the failure copy to the clerk of court with proof of failure
to answer was due to fraud, accident, mistake, of both personal and service by mail.
excusable negligence and that he has a
meritorious defense appearing in his Affidavit of Service of judgments, final orders or
Merit. In such case, the order may be set aside resolutions

- Judgments, final orders or resolutions shall ii. By publication in a newspaper of
be served either personally or by registered general circulation in such places and for
mail. When a party summoned by publication such time as the court may order; or
has failed to appear, judgments, final orders iii. By any other manner which the
or resolutions against him shall be served court may deem sufficient.
upon him also by way of publication at the
expenses of the prevailing party. b. With leave of court as against a
foreign private juridical entity, not
Service of Summons (Modes of Service) registered and has no resident agent
in the Philippines:
i. Personal Service i. By personal service coursed
ii. Substituted Service through the appropriate court in
the foreign country with assistant
When personal service cannot be made for from DFA;
justifiable causes within a period of time, ii. By publication once in a
provided the following be first sown: newspaper of general circulation
a. Impossibility of personal service within a in the country where the
reasonable time; defendant may be found and by
b. Efforts were exerted to locate the person serving a copy of summons and
to be served; and court order by registered mail at
c. Service upon a person of sufficient age defendant’s last known address;
and discretion residing in the same place or iii. By facsimile or any recognized
some competent person in charge of his electronic means that could generate
office or regular place of business proof of service; or
iv. By such other means as the court
iii. Constructed by Service/ By may at its discretion direct.
publication
MOTIONS
- Resorted to when the defendant is
unknown or his whereabouts are What is the Omnibus Motion Rule?
unknown and cannot be ascertained by
diligent inquiry. It shall be effected in Every motion that attacks a pleading, judgment,
such places and for such time as the order or proceeding shall include all grounds
court may order. then available, and all objections not so included
shall be deemed waived, except those
iv. Extra-territorial service mentioned in Sec.1 of Rule 9.
a. With leave if court as against a MOTION TO DISMISS

non-resident, not found in the What are the remedies of the plaintiff is the
Philippines, service of summons may motion is granted?
be made thru the following ways:
i. Personal service done outside a. To re-refile case, where the order of
the Philippines; dismissal is final and it is without
prejudice;
b. Appeal, where dismissal is final and c. Plaintiff fails to comply with the Rules
bars re-filling i.e. Res judicata; or Order of the court.
c. Petition for Certiorari where dismissal
is without prejudice and court acted Such dismissal is with prejudice, unless the
with grave abuse of discretion court declares otherwise.
What are the remedies of the defendant if the PRE-TRIAL

motion is denied?
Effect of failure to appear during Pre-
a. To file an answer and allege the trial
ground as an affirmative defense If the plaintiff fails to appear, it shall be a
b. Petition for Certiorari if tainted cause for the dismissal of the compliant
with grave abuse of discretion with prejudice, unless otherwise declared
by the court. The remedy of the plaintiff
DISMISSAL OF ACTIONS is to appeal, the order being an
adjudication upon the merits and thus,
When can plaintiff file for dismissal of the final. If the defendant fails, it shall be a
complaint by notice? cause to allow the plaintiff to present his
evidence ex-parte.
At any time before an answer or motion for
summary is filed. The court shall issue an order Effect of failure to file a pre-trial brief
confirming such dismissal shall be without It shall have the same effects as the
prejudice provided that it is not barred by the 2- failure to appear during pre-trial.
dismissal rule.
Effect of failure to appear during JDR
Two-dismissal rule. It shall have the same effects as the
failure to appear during pre-trial.
When the plaintiff has twice dismissed the action
on or including the same claim in a court of I. MODES OF DISCOVERY
competent jurisdiction. The second notice of Deposition
dismissal will bar a further re-filling of the action It is a written testimony of a witness
because it will operate as an adjudication of the given in the curse of a judicial proceeding,
claim based upon the merits. in advance of the trial or hearing, upon oral
examination or in response to written
The court may, upon motion or motu proprio, interrogatories, and where an opportunity is
dismiss the compliant when: given for cross-examination.
It may be used either at trial or hearing of
a. Plaintiff fails to appear for no a motion or of an interlocutory proceeding.
justifiable cause on the day of
presentation of evidence in chief; II. JUDGMENTS AND FINAL ORDERS
b. Plaintiff fails to prosecute his action
for an unreasonable length of time;
and

Summary Judgment Judgment on the pleadings Judgment by default
Based on the pleadings, Based on the complaint and

Based solely upon the
depositions, admissions and evidence, if court requires its
pleadings
affidavits presentation
The answer fails to tender an
There is no genuine issue issue or there is an No issues as no answer is
between the parties admission of the material filed by the defending party
allegations
Generally available only to
Available to both plaintiff and the plaintiff, unless the
Available to the plaintiff alone
defendant defendant presents a
counterclaim
10-day notice required 3-day notice required 3-day notice required
- Filling of a motion for summary judgment Motion for RECONSIDERATION

does not interrupt the running of the - Filed within 15 days,
period for filing an answer. Hence, the - Grounds:
movant must also file a Motion for c. The Evidence is insufficient to justify
Extension of Time to File Answer. the decision
d. The Damages awarded are
End of judgment and final order (Rule 36. excessive
Sec. 2) e. The Decision or final order is contrary
- If there is no appeal/MNT/MFR filed to law.
within the prescribed periods, the clerk of
court shall enter the judgment or final APPEALS in general
order in the book of entries of judgments. Notice of appeal
- Date of finality of the judgment = - The notice of appeal shall indicate
Date of its entry in the book the parties to the appeal, the
judgment or final order or part thereof
POST-JUDGMENT REMEDIES appealed from, and state the
*within the 15-day period from receipt of adverse materials dates showing the
judgment: timeliness of the appeal.
Motion for NEW TRIAL Record of appeal

- Filed within 15 days, - Required only in:
- Grounds: a) Special proceedings;
a. F A M E (Extrinsic Fraud, Accident, b) Multiple or separate appeals
Mistake, or Excusable Negligence) where the law or the Rules of
b. Newly discovered Evidence Court so requires.

 Non-Payment of Docket Fees on confession or compromise on
Appeal, Effect: ground of fraud or mistake or
Appellate docket and other lawful duress or any other vitiation of
fees must be paid within the same consent;
period for taking an appeal. Non- (f) Oder of execution;
payment is a valid ground for (g) While the case is pending,
dismissal of an appeal. judgment of final order:
(M.A. Santander v. Villanueva, 2004) i. For/against one or more
However, delay in the payment of of several parties;
docket fees confers upon the court ii. In separate claims,
discretionary and not mandatory counterclaims, cross-
power to dismiss an appeal. (Villamor claims, third-party
v. CA, 2004) complaints.
Exception: If court allows appeal
Matters not appealable (h) Order dismissing an action
Not appealable under Rule 41 without prejudice.
(a) Order denying motion for new
trial or reconsideration;  Three Modes of appeal
(b) Order denying petition for review 1. Ordinary Appeal (Rule 40 and 41)
or any similar motion seeking a. Notice of Appeal
relief from judgment; b. Record on Appeal
(c) Interlocutory order; 2. Petition for Review (Rule 42)
(d) Order disallowing/dismissing 3. Appeal by Certiorari (Rule 45)
appeal;
(e) Order denying motion to set aside
judgment by consent of
RULE 40: RULE 41: RULE 42: RULE 43: RULE 45:
1. MTC > RTC 1. RTC > CA, 1. MTC > RTC, 1. QJB > CA, 1. CA>SC, CTA >
2. Notice of MTC (delg’) > RTC (IP LAW) Omb (admin) SC, SB > SC,
Appeal/Record CA > CA > CA RTC (PQL) > SC
of Appeal 2. Notice of 2. Petition for 2. Petition for 2. Pet. For Review
3. 15 days/ 30 Appeal/Record Review Review on Certiorari
days of Appeal 3. 15 days 3. 15 days 3. – 15 days
4. Question of fact/ 3. 15 days/30 (extendable) (extendable) (extendable)
Question of law days 4. Question of 4. Question of - Amparo: 5 days
/ Mixed 4. Question of fact/ Question fact / Question - H. Data: 5 days
5. Memorandum fact/ Question of law / Mixed of law / Mixed 4. Question of Law
by Appellee/ of law / Mixed 5. Memorandum 5. Memorandum 5. Memorandum
Memorandum 5. Memorandum 6. Original Parties
by Appellant by Appellee/ 7. NO Motion for
Memorandum Reconsideration
by Appellant

RULE 65: RULE 64: RULE 38: RULE 47:
1. MTC > RTC, 1. COMELEC > 1. Court of Origin 1. MTC > CA,
RTC > CA, RTC SC, COA > SC 2. Pet. For 2. RTC > CA
> SB, CA > SC, 2. Pet. For Review of 3. Petition for
CTA > SC, Certiorari Judgment Annulment of
NLRC > CA 3. 30 days (no 3. 60 days, 6 Judgment
Omb (crim) > extension) mos. (Entry of 4. 4 years (Ex. Fraud),
SC 4. Questioned Judgment) Before Barred by
2. Pet. For Judgment, F. 4. Fraud, Laches/Estoppel
Certiorari Order, Reso Accident, (Lack of
3. 15 days (no 5. Memorandum Mistake, Jurisdiction), Lack of
extension) Excusable Due Process
4. Question of Law Negligence
5. Memorandum
6. Original Parties,
Interested
Parties
7. Motion for
Reconsideration
personal service of summons on the

IV. PROVISIONAL REMEDIES creditor cannot be effected.
A. ATTACHMENT: HOW TO PREVENT THE

WHEN APPLICATION FOR ATTACHMENT
ATTACHMENT MAY BE MADE:
1. BY DEPOSITING with the court from
1. At the commencement of the action; which the writ was issued an amount
or equal to the value of the bond fixed
2. At any time before entry of judgment. by the court in the order of
attachment or an amount equal to the
TWO-FOLD PURPOSE OF value of the property to be attached,
ATTACHMENT: exclusive of costs; or
1. To seize the property of the debtor in 2. BY GIVING A COUNTERBORD

advance of final judgment and to hold executed to the applicant, in amount
it for purposes of satisfying the said equal to the bond posted by the latter
judgment; to secure the attachment or in an
2. To enable the court to acquire amount equal to the value of the
jurisdiction over the action by the property to be attached exclusive of
actual or constructive seizure of the costs (Riano, p.55&)
property in those instances where REMEDY OF THE THIRD PERSON:

1. File a terceria or third party claim
(similar to Sec. 16, Rule 39) EXCEPTION: When temporary
2. File independent action to restraining order may be issued ex parte.
recover his property; or
3. File a motion for intervention DURATION OF TEMPORARY
(This is available only before a RESTRAINING ORDER:
judgment is rendered, hence, and
not allowed under Rule 39) 1. 20 days from notice: if great or
irreparable injury would result to the
B. INJUNCTIONS applicant before the matter can be
heard on notice.
PRELIMINARY PROHIBITORY 2. 72 hours from issuance (issued ex
INJUNCTION parte): if the matter is of extreme
An order granted at any stage of an urgency and the applicant will suffer
action or proceeding prior to judgment or grave injustice and irreparable injury.
final order, requiring a party or court,  Extension of the 72-hour TRO
agency or person to refrain from a
particular act or acts. D. RECEIVERSHIP
PRELIMINARY MANDATORY IN WHAT CASES RECEIVER MAY BE

INJUNCTION APPOINTED:
An order granted at any stage of an
action or proceeding prior to the Upon a verified application, one or more
judgment or final order, requiring the receivers of the property subject of the
performance of a particular act or acts action or proceeding may be appointed
by the court where the action is pending,
PROHIBITION or by the Court of Appeals, or by the
1. Directed against a court, Supreme Court, or a member thereof, in
tribunal, or a person the following cases:
exercising judicial, quasi-
judicial, or ministerial 1. The party applying for the
functions appointment of a receiver has an
2. On the ground that the court interest in the property or fund
against whom the writ is subject of the action and such is in
sought had acted without or in danger of being lost, removed, or
excess of jurisdiction. materially injured unless a receiver is
3. Always a main action appointed;
2. In an action by the mortgage for
C. TEMPORARY RESTRAINING ORDER foreclosure or mortgage when the
property is in danger of being wasted
GENERAL RULE: No preliminary or materially injured and that its value
injunction shall be granted without is probably insufficient to discharge
hearing and prior notice to the party or the mortgage debt, OR that the
person sought to be enjoined.
parties have so stipulated in the support and support pendent lite is the
contract or mortgage; provisional remedy.
3. After judgment, to preserve the
property during the pendency of the IV. SPECIAL CIVIL ACTIONS
appeal, or to dispose of it according
to the judgment, or to aid in execution A. INTERPLEADER
when execution has been returned
unsatisfied or the judgment debtor Interpleader is a special civil remedy
refuses to apply his property to where a person, who has property
satisfy judgment, or to carry out the (personal or real) in his possession or an
judgment; obligation to perform, either wholly or
4. In other cases where it appears partially, without claiming any right to
appointing one is the most either, or who claims no interest in the
convenient and feasible means to subject, or whose interest, in whole or in
preserve, administer, or dispose of part, is not disputed by others, goes to
the property in litigation. court and asks that conflicting claimants
to the property, or obligation be required
E. REPLEVIN to litigate among themselves in order to
determine finally who is entitled to the
Replevin is the provisional remedy same.
seeking for the possession of the
property prior to the determination of the B. DECLARATORY RELIEF
main action for replevin.
a. Purpose- to ask the court to make a
Procedure for the application for proper interpretation of a written
Replevin (Requisites): instrument, or a statute, executive
order, ordinance, or other
1. File an APPLICATION at the governmental regulation. It also
commencement of the action or at adjudicates the legal rights, duties, or
any time before defendant answers. status of parties.
2. Applicant must give a BOND, b. Who files the petition- Any person
executed to the adverse party, which interested under a deed, will contract,
shall be double the value of the or other written instrument, or whose
property as stated in the affidavit. rights are affected by a statute,
executive order or regulation,
F. SUPPORT PENDENTE LITE ordinance, or any other governmental
regulation. (Sec.1)
Support Pendente Lite is an amount of c. When to file the petition- Before
support provisionally fixed by the court in breach or violation of a right under a
favor of the person or persons entitled deed, will, contract or other written
thereto during the pendency of an action instrument, or under a statute or
for support. Here the main action is for ordinance.

CERTIORARI PROHIBITION MANDAMUS
Directed against an entity or Directed against an entity or Directed against an entity or person
person exercising judicial or person exercising judicial, exercising ministerial functions
quasi-judicial functions. quasi-judicial, or ministerial
functions
Entity or person is alleged to Entity or person is alleged to Entity or person is alleged to have
have acted: have acted: acted:
1. Without jurisdiction; 1. Without jurisdiction; 1. Neglected a ministerial duty; or
2. In excess of jurisdiction; 2. In excess of jurisdiction; 2. Excluded another from a right or
or or office
3. With grave abuse of 3. With grave abuse of
discretion amounting to discretion amounting to
lack or excess or lack or excess or
jurisdiction jurisdiction
Purpose is to annul or nullify Purpose in to have Purpose is for respondent to
a proceeding respondent desist from 1. Do the act required; and
further proceeding 2. To pay damages
Covers discretionary acts Covers discretionary acts and Covers ministerial acts
ministerial acts
C. QUO WARRANTO- It is the remedy of

proceeding by which the sovereign or D. EXPROPRIATION- the procedure to be
state determines the legality of a claim followed in the exercise of the right of
which a party asserts to the use or eminent domain, which is the right of the
exercise of an office or franchise and State to acquire private property for
ousts the holder from its enjoyment, if the public use upon payment of just
claim is not well founded, or if the right to compensation.
enjoy the privilege has been forfeited or
lost.
E. JUDICIAL AND EXTRAJUDICIAL FORECLOSURE
JUDICIAL FORECLOSURE EXTRAJUDICIAL FORECLOSURE

-requires court intervention -does not require court intervention
-There is only an equity of redemption -Right of redemption exists
-Governed by Rule 68 -Governed by Act 3135

EQUITY OF REDEMPTION RIGHT OF REDEMPTION
Right of the defendant mortgagor to Right of the debtor, his successor in interest or any
extinguish the mortgage and retain ownership judicial creditor or said debtor or any person having a
of the property by paying the debt within 90- lien on the property subsequent to the mortgage or
120 days after the entry of judgment or even deed of trust under which the property is sold to
after the foreclosure sale prior to confirmation redeem the property within 1 year from the registration
of the Sherriff’s certificate of foreclosure title
Governed by Rule 68 Governed by Rule 39, Sections 29-31
Period is 90-120 days after entry of or even Period is within 1 year from the registration of the
after the foreclosure sale but prior to Sheriff’s certificate of foreclosure title.
confirmation
F. PARTITION – The process of dividing

and assigning property owned in WHEN PARTITION MADE
common among the various co-owners GENERAL RULE: It can be made
thereof in proportion to their respective anytime and the right to demand partition
interests in the property. is imprescriptible.
EXCEPTION: If a co-owner asserts
KINDS OF PARTITION adverse title to the property in which
1. Judicial – procedure governed by case the period of prescription runs from
Rule 69 such time of assertion of adverse title.
2. Extrajudicial – no court intervention is
required
G. FORCIBLE ENTRY AND UNLAWFUL DETAINER
FORCIBLE ENTRY UNLAWFUL DETAINER

Possession of land is unlawful from the Possession of defendant is inceptively lawful but
beginning due to force, intimidation, threat, becomes illegal by reason of termination of right of
strategy or stealth possession
No requirement of previous demand for Demand is jurisdictional

defendant to vacate premises

Plaintiff must prove that he was in prior Plaintiff need not have been in prior physical
physical possession until he was deprived possession
thereof by defendant
1-year period counted from date of actual 1-year period from date at last demand
entry or when plaintiff learned thereof
THREE KINDS OF ACTIONS FOR RECOVERY OF POSSESSION
ACCION INTERDICTAL ACCION PUBLICIANA ACCION REIVINDICATORIA

Summary action for the A plenary action for the An action for the recovery of
recovery of physical recovery of the real right of ownership, which necessarily includes
possession where the possession when the the recovery of possession
dispossession has not lasted dispossession has lasted for
for more than 1 year more than 1 year
H. CONTEMPT
DIRECT CONTEMPT INDIRECT CONTEMPT

Committed in the presence of or so near a Not committed in the presence of the court
court or judge
Punished summarily without hearing. Punished only after hearing – complaint in writing or
No appeal may be taken but the party motion or party or order of court requiring person to
adjudged in contempt may avail himself of appear and explain, opportunity to appear and show
actions of certiorari or prohibition which shall cause
stay the execution of the judgment, provided
a bond fixed by the court is filed
Remedy is certiorari or prohibition Remedy is appeal
Certiorari/prohibition suspends execution Immediately executory unless a bond is filed

provided there is a bond
VI. SPECIAL PROCEEDINGS

(A) SETTLEMENT OF WHO MAY FILE
ESTATE OF DECEASED
PERSONS; In Extrajudicial settlement by agreement between heirs.

 Heirs who are all of age.
 Minors as represented by their judicial or legal
representative.
WHERE TO FILE
 MTC (estate does not exceed Php300, 000 outside

Metro Manila or does not exceed Php 400, 000 in
Metro Manila)
 If the gross value of the estate exceeds the action

falls within RTC
EXTRAJUDICIAL SETTLEMENT BY AGREEMENT

BETWEEN HEIRS, WHEN ALLOWED
(1) If the decedent left no will and no debts and the heirs are all
of age, or the minors are represented by their judicial or legal
representatives duly authorized for the purpose, the parties may,
without securing letters of administration, divide the estate among
themselves as they see fit by means of a public instrument filed in
the office of the register of deeds, and should they disagree, they
may do so in an ordinary action of partition. If there is only one heir,
he may adjudicate to himself the entire estate by means of an
affidavit filed in the office of the register of deeds. The parties to an
extrajudicial settlement, whether by public instrument or by
stipulation in a pending action for partition, or the sole heir who
adjudicates the entire estate to himself by means of an affidavit
shall file, simultaneously with and as a condition precedent to the
filing of the public instrument, or stipulation in the action for
partition, or of the affidavit in the office of the register of deeds, a
bond with the said register of deeds, in an amount equivalent to the
value of the personal property involved as certified to under oath by
the parties concerned and conditioned upon the payment of any
just claim that may be filed under section 4 of this rule. It shall be
presumed that the decedent left no debts if no creditor files a
petition for letters of administration within two (2) years after the
death of the decedent.
The fact of the extrajudicial settlement or administration shall be

published in a newspaper of general circulation in the manner

provided in the next succeeding section; but no extrajudicial
settlement shall be binding upon any person who has not
participated therein or had no notice thereof (Sec. 1).
(2) Extrajudicial partition of the estate shall be valid when the

following conditions concur:
(a) The decedent left no will;
(b) The decedent left no debts, or if there were debts left, all had
been paid;
(c) The heirs are all of age or if they are minors, the latter are
represented by their judicial guardian or legal representative;
(d) The partition was made by means of a public instrument or

affidavit duly filed with the Register of Deeds; and
(e) The fact of the extrajudicial settlement or administration shall

be published in a newspaper of general circulation.
NATURE OF PROBATE PROCEEDING
Probate of a will is a proceeding in rem. It cannot be dispensed with

and substituted by another proceeding, judicial or extrajudicial,
without offending public policy. It is mandatory as no will shall
pass either real or personal property unless proved and
allowed in accordance with the Rules. It is imprescriptible,
because it is required by public policy and the state could not have
intended to defeat the same by applying thereto the statute of
limitation of actions (Guevara vs. Guevara, 74 Phil. 479).
GROUNDS FOR DISALLOWING A WILL
(1) The will shall be disallowed in any of the following cases;
(a) If not executed and attested as required by law;
(b) If the testator was insane, or otherwise mentally incapable to

make a will, at the time of its execution;
(c) If it was executed under duress, or the influence of fear, or

threats;
(d) If it was procured by undue and improper pressure and

influence, on the part of the beneficiary, or of some other person for
his benefit;
(e) If the signature of the testator was procured by fraud or trick,

and he did not intend that the instrument should be his will at the
time of fixing his signature thereto (Sec. 9, Rule 76).
(2) Grounds under Art. 839, Civil Code:
(a) If the formalities required by law have not been complied with;
(b) If the testator was insane, or otherwise mentally incapable of

making a will, at the time of its execution;
(c) If it was executed through force or duress, or the influence of

fear, or threats;
(d) If it was procured by undue and improper pressure and

influence, on the part of the beneficiary or of some other person;
(e) If the signature of the testator was procured by fraud;
(f) If the testator acted by mistake or did not intend that the
instrument he signed should be his will at the time of affixing his
signature thereto.
EFFECTS OF PROBATE
Reprobate; Requisites before will proved outside allowed in

the Philippines; effects of probate
(1) Will proved outside Philippines may be allowed here.

Wills proved and allowed in a foreign country, according to the laws
of such country, may be allowed, filed, and recorded by the proper
Court of First Instance in the Philippines (Sec. 1, Rule 77).

(2) When will allowed, and effect thereof. If it appears at the
hearing that the will should be allowed in the Philippines, the court
shall so allow it, and a certificate of its allowance, signed by the
judge, and attested by the seal of the court, to which shall be
attached a copy of the will, shall be filed and recorded by the clerk,
and the will shall have the same effect as if originally proved and
allowed in such court (Sec. 3, Rule 77).
(3) When a will is thus allowed, the court shall grant letters
testamentary, or letters of administration with the will annexed, and
such letters testamentary or of administration, shall extend to all the
estate of the testator in the Philippines. Such estate, after the
payment of just debts and expenses of administration, shall be
disposed of according to such will, so far as such will may operate
upon it; and the residue, if any, shall be disposed of as is provided
by law in cases of estates in the Philippines belonging to persons
who are inhabitants of another state or country (Sec. 4, Rule 77).
(4) Certificate of allowance attached to prove will. To be recorded

in the Office of Register of Deeds. If the court is satisfied, upon
proof taken and filed, that the will was duly executed, and that the
testator at the time of its execution was of sound and disposing
mind, and not acting under duress, menace, and undue influence,
or fraud, a certificate of its allowance, signed by the judge, and
attested by the seal of the court shall be attached to the will and the
will and certificate filed and recorded by the clerk. Attested copies
of the will devising real estate and of certificate of allowance
thereof, shall be recorded in the register of deeds of the province in
which the lands lie (Sec. 13, Rule 76).
(5) The general rule universally recognized is that administration

extends only to the assets of the decedent found within the state or
country where it was granted, so that an administrator appointed in
one state or country has no power over the property in another
state or country (Leon & Ghezzi vs. Manufacturer’s Life Ins., 80
Phil. 495). When a person dies intestate owning property in the
country of his domicile as well as in foreign country, administration
shall be had in both countries. That which is granted in the
jurisdiction of the decedent’s domicile is termed the principal
administration, while any other administration is termed
ancillary administration. The ancillary administration is proper
whenever a person dies leaving in a country other than that of his
domicile, property to be administered in the nature of assets of the
decedent, liable for his individual debts or to be distributed among
his heirs (Johannes vs. Harvey, 43 Phil. 175).
WHEN AND TO WHOM LETTERS OF ADMINISTRATION

GRANTED
(1) No person is competent to serve as executor or administrator

who:
(a) Is a minor;
(b) Is not a resident of the Philippines; and
(c) Is in the opinion of the court unfit to execute the duties of the
trust by reason of drunkenness, improvidence, or want of
understanding or integrity, or by reason of conviction of an offense
involving moral turpitude (Sec. 1).
(2) Executor of executor not to administer estate. The executor of

an executor shall not, as such, administer the estate of the first
testator (Sec. 2).
(3) Married women may serve. A married woman may serve as

executrix or administratrix, and the marriage of a single woman
shall not affect her authority so to serve under a previous
appointment (Sec. 3).
(4) Letters testamentary issued when allowed. When a will has

been proved and allowed, the court shall issue letters testamentary
thereon to the person named as executor therein, if he is
competent, accepts the trust, and gives bond as required by these
rules (Sec. 4).
(5) Where some executors disqualified others may act. When all of
the executors named in a will cannot act because of incompetency,
refusal to accept the trust, or failure to give bond, on the part of one
or more of them, letters testamentary may issue to such of them as
are competent, accept and give bond, and they may perform the
duties and discharge the trust required by the will (Sec. 5).
(6) If no executor is named in the will, or the executor or executors

are incompetent, refuse the trust, or fail to give bond, or a person

dies intestate, administration shall be granted:
(a) To the surviving husband or wife, as the case may be, or next of
kin, or both, in the discretion of the court, or to such person as such
surviving husband or wife, or next of kin, requests to have
appointed, if competent and willing to serve;
(b) If such surviving husband or wife, as the case may be, or next of
kin, or the person selected by them, be incompetent or unwilling, or
if the husband or widow, or next of kin, neglects for thirty (30) days
after the death of the person to apply for administration or to
request that administration be granted to some other person, it may
be granted to one or more of the principal creditors, if competent
and willing to serve;
(c) If there is no such creditor competent and willing to serve, it may

be granted to such other person as the court may select (Sec. 6).
TIME WITHIN WHICH CLAIMS SHOULD BE FILED;

EXCEPTIONS
(1) In the notice provided in the preceding section, the court shall
state the time for the filing of claims against the estate, which shall
not be more than twelve (12) nor less than six (6) months after the
date of the first publication of the notice. However, at any time
before an order of distribution is entered, on application of a
creditor who has failed to file his claim within the time previously
limited, the court may, for cause shown and on such terms as are
equitable, allow such claim to be filed within a time not exceeding
one (1) month (Sec. 2).
ACTIONS THAT MAY BE BROUGHT AGAINST

EXECUTORS AND ADMINISTRATORS
(1) An action to recover real or personal property, or an interest

therein, from the estate, or to enforce a lien thereon, and actions to
recover damages for an injury to person or property, real or
personal, may be commenced against the executor or administrator
(Sec. 1).
(2) Whenever a party to a pending action dies, and the claim is

not thereby extinguished, it shall be the duty of his counsel to
inform the court within thirty (30) days after such death of the fact
thereof, and to give the name and address of his legal
representative or representatives. Failure of counsel to comply with
this duty shall be a ground for disciplinary action. The heirs of the
deceased may be allowed to be substituted for the deceased,
without requiring the appointment of an executor or administrator
and the court may appoint a guardian ad litem for the minor heirs.
The court shall forthwith order said legal representative or

representatives to appear and be substituted within a period of
thirty (30) days from notice. If no legal representative is named by
the counsel for the deceased party, or if the one so named shall fail
to appear within the specified period, the court may order the
opposing party, within a specified time, to procure the appointment
of an executor or administrator for the estate of the deceased and
the latter shall immediately appear for and on behalf of the
deceased. The court charges in procuring such appointment, if
defrayed by the opposing party, may be recovered as costs (Sec.
16, Rule 3).
(3) When the action is for recovery of money arising from

contract, express or implied, and the defendant dies before entry of
final judgment in the court in which the action was pending at the
time of such death, it shall not be dismissed but shall instead be
allowed to continue until entry of final judgment. A favorable
judgment obtained by the plaintiff therein shall be enforced in the
manner especially provided in these Rules for prosecuting claims
against the estate of a deceased person (Sec. 20, Rule 3).
DISTRIBUTION AND PARTITION
(1) Before there could be a distribution of the estate, the

following two stages must be followed:
(a) Payment of obligations (liquidation of estate) – under the

Rules, the distribution of a decedent’s assets may only be ordered
under any of the following three circumstances: (1) when the
inheritance tax, among other is paid; (2) when a sufficient bond is
given to meet the payment of the inheritance tax and all other
obligations; and (3) when the payment of the said tax and all other
obligations has been provided for; and
(b) Declaration of heirs – there must first be declaration of heirs

to determine to whom the residue of the estate should be

distributed. A separate action for the declaration of heirs is not
proper. And likewise after, not before the declaration of heirs is
made may the residue be distributed and delivered to the heirs.
(2) The settlement of a decedent’s estate is a proceeding in rem

which is binding against the whole world. All persons having
interest in the subject matter involved, whether they were notified or
not, are equally bound.
(B) TRUSTEES; JURISDICTION
RTC–when the gross value of the estate exceeds Php

300,000 if outside Metro Manila or if it exceeds Php
400,000 if within Metro Manila
MTC–when the gross value of the estate is Php 300,000 or

less if outside Metro Manila or Php400,000 or less if within
Metro
Manila (Sec. 3, RA 7691)
VENUE - Where the will was allowed or where the property

or portion thereof, affected by the trust is situated(Sec. 1)
(C) ESCHEAT; WHO MAY FILE - by the government through the Solicitor
General or his representative.
WHERE TO FILE - RTC (Sec. 1, Rule 91)
(D) GUARDIANSHIP; JURISDICTION
Family Court – In case of minors(Sec. 3, A.M. No. 03-02-

05-SC)
RTC – In cases of incompetents other than minors (Sec.

Rule 92)
VENUE
1. If resident– place where minor/ incompetent resides; or
2. If non-resident– place where minor/ incompetent has

property

(E) WRIT OF HABEAS JURISDICTION - RTC, SB, CA or SC or any justice
CORPUS; thereof(Sec. 3)
VENUE - Where the petitioner correspondent resides, or

that which has jurisdiction over the place where the data or
information is gathered, collected or stored, at the option
of the petitioner
DISTINGUISH PEREMPTORY WRIT FROM PRELIMINARY

CITATION
Preliminary citation is issued when a government officer

has the person in his custody, the illegality of which is not
patent, to show cause why the writ of habeas corpus
should not issue.
Peremptory writ is issued when the cause of the detention

appears to be patently illegal and the noncompliance
therewith is punishable (Lee Yick Hon v. Collector of
Customs, G.R. No. 16779, March 30, 1921).
DISTINGUISH FROM AMPARO AND HABEAS DATA –

“See attached table”
RULE ON CUSTODY OF MINORS AND WRIT OF HABEAS

CORPUS IN RELATION TO CUSTODY OF MINORS (A.M.
NO. 03-04-04-SC)
Jurisdiction in case of Habeas Corpus with respect to

Custody of Minors - Although the Family Court where the
petitioner resides or where the minor may be found has
exclusive and original jurisdiction to hear petitions for
habeas corpus with respect to custody of minors, the
Supreme Court and the Court of Appeals can take
cognizance o such petition in order that it can be
enforceable within the Philippines.
However, the return can be heard in the FC/RTC (if there

is no FC in the judicial region) and there is no need to file
separate petition for custody because the issue can be
ventilated in the petition for the writ. (2003, 2005, 2007
Bar)
(F) WRIT OF AMPARO JURISDICTION - RTC, SB, CA or SC or any justice

(A.M. NO. 07-9-12-SC); thereof (Sec. 3)
VENUE - Where the threat, act or omission was committed

or any of its elements occurred
DISTINGUISH FROM HABEAS CORPUS AND HABEAS

DATA– “See attached table”
DIFFERENCES BETWEEN AMPARO AND SEARCH

WARRANT - A search warrant is a court order issued by a
judge or magistrate judge that authorizes the law
enforcement officers to conduct a search of a person or
location for evidence of a crime and to confiscate evidence
if it is found. This serves as a protection of the people from
the unreasonable intrusion of the government, while a writ
of Amparo is broader in scope as it protects the
constitutional rights to life, liberty and security.
(G) WRIT OF HABEAS JURISDICTION - RTC, SB, CA or SC or any justice

DATA (A. M. NO. 08-1-16- thereof(Sec. 3)
SC);
VENUE - Where the petitioner correspondent resides, or
that which has jurisdiction over the place where the data or
information is gathered, collected or stored, at the option
of the petitioner
DISTINGUISH FROM HABEAS CORPUS AND AMPARO–

“See Attached Table”
(H) CHANGE OF NAME; DIFFERENCES UNDER RULE 103, RULE 108, AND R.A.
NO. 9048
Rule 103 RA 9048 Rule 108

Petition should be Petitions filed with Verified petition filed in
filed in the RTC the city or municipal the RTC where the
where the petitioner civil registrar, or with corresponding Civil
resides consul general for Registry is located
citizens living abroad
Civil Registrar is not Civil Registrar is an

a party. Solicitor indispensable party. If
General to be notified not made a party,
by service of a copy proceedings are null
of petition. and void. Reason: he
is interested party in
protecting the integrity
of public documents.
Solicitor General must
also be notified by
service of a copy of the
petition.
Petition is filed by the Verified petition in By a person interested
person desiring to the form of affidavit in any acts, event,
change his name is filed by any person order or decree
having direct and
personal interest in
the correction
Involves change of Involves first name All cancellation or
name only and nickname correction of entries of:
(a) births; (b)
marriages; (c) deaths;
(d) legal separation; (e)
judgments or
annulments of
marriage; (f) judgments
declaring marriages
void from the
beginning; (g)
legitimations; (h)
adoptions; (I)
acknowledgments of
natural children; (j)
naturalizations; (k)
election, loss or
recovery of citizenship;
(l) civil interdiction; (m)
judicial determination
of filiation; (n) voluntary
emancipation of a
minor; and (o) changes
of name.
Involves substantial Involves clerical or Substantial and
changes typographical errors adversary if change

affects the civil status,
citizenship or
nationality of a party;
Summary if involves
mere clerical errors
(Republic vs. Valencia,
141 SCRA 462).
Grounds:(a) Name Grounds: a) First Grounds: Cancellation
is ridiculous, name or nickname is or correction of entries
dishonorable or found to be of: (a) births; (b)
extremely difficult to ridiculous, tainted marriages; (c) deaths;
write or pronounce; with dishonor or (d) legal separation; (e)
extremely difficult to judgments or
(b) Change is a write or pronounce; annulments of
legal consequence of marriage; (f) judgments
legitimation or b) The first name declaring marriages
adoption; or nickname has void from the
been habitually and beginning; (g)
(c) Change will continuous used by legitimations; (h)
avoid confusion; petitioner publicly adoptions; (i)
known by that first acknowledgments of
(d) One has name or nickname in natural children; (j)
continuously used the community; naturalizations; (k)
and been known election, loss or
since childhood by a c) Change will recovery of citizenship;
Filipino name and avoid confusion. (l) civil interdiction; (m)
was unaware of alien judicial determination
parentage; of filiation; (n) voluntary
emancipation of a
(e) Change is minor; and (o) changes
based on a sincere of name.
desire to adopt a
Filipino name to
erase signs of former
alienage, all in good
faith and without
prejudice to anybody;
and
(f) 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
(Republic vs.
Hernandez, 68
SCAD 279); Republic
vs. Avila, 122 SCRA
483).
Order for hearing to Petition shall be Order shall also be
be published once a published at least published once a week
week for three once a week for two for three consecutive
consecutive weeks in consecutive weeks in weeks in a newspaper
a newspaper of a newspaper of of general circulation in
general circulation in general circulation. the province, and court
the province. Also to be posted in shall cause reasonable
a conspicuous place notice to persons
for ten consecutive named in the petition.
days.
Entry is correct but Entry is incorrect. Cancellation or
petitioner desires to correction of correct or
change the entry incorrect entries
An appropriate An appropriate An appropriate
adversary administrative summary or adversary
proceeding proceeding. proceeding depending
on effects
Requires judicial Does not require Directed or changed by
order judicial order. the city or municipal
civil registrar or consul
general without judicial
order
Service of judgment Transmittal of Service of judgment
shall be upon the civil decision to civil shall be upon the civil
register concerned registrar general register concerned
Appeal may be In case denied by Appeal may be availed
availed of if judgment the city or municipal of if judgment or final
or final order civil registrar or the order rendered affects
rendered affects consul general, substantial rights of
substantial rights of petitioner may either person appealing, to
person appealing. appeal the decision the RTC or to the CA.
to the civil register
general or file
appropriate petition
with proper court by
petition for review
under Rule 43.
(I) ABSENTEES; STAGES OF ABSENCE:
(a) provisional absence
(b) declaration of absence
(c) presumption of death
PURPOSE OF THE RULE
(1) The purpose of the Rule is to allow the court to appoint an

administrator or representative to take care of the property of the
person who is sought to be judicially declared absent. It also aims
to have the court appoint the present spouse as administrator or
administratrix of the absent spouse’s properties, or for the
separation of properties of the spouses.
WHO MAY FILE; WHEN TO FILE
(1) The following may file an application for the declaration of

absence of a person:
(a) Spouse present;
(b) Heirs instituted in a will, who may present an authentic copy

of the same;
(c) Relatives who would succeed by the law of intestacy; and
(d) Those that have over the property of the absentee some right
subordinated to the condition of his death (Sec. 2).
(2) After the lapse of two (2) years from his disappearance and
without any news about the absentee or since the receipt of the last
news, or of five (5) years in case the absentee has left a person in

charge of the administration of his property, the declaration of his
absence and appointment of a trustee or administrator may be
applied for (Sec. 2).
(3) When a person disappears from his domicile, his

whereabouts being unknown, and without having left an agent to
administer his property, or the power conferred upon the agent has
expired, any interested party, relative or friend, may petition the
Court of First Instance of the place where the absentee resided
before his disappearance for the appointment of a person to
represent him provisionally in all that may be necessary (Sec. 1).
(J) CANCELLATION OR ENTRIES SUBJECT TO CANCELLATION OR

CORRECTION OF ENTRIES CORRECTION UNDERRULE108, IN RELATION TO R.A.
IN THE CIVIL REGISTRY; NO. 9048
(1) Upon good and valid grounds, the following entries in the civil
register may be cancelled or corrected: (a) births; (b) marriages; (c)
deaths; (d) legal separations; (e) judgments of annulments of
marriage; (f) judgments declaring marriages void from the
beginning; (g) legitimations; (h) adoptions; (i) acknowledgments of
natural children; (j) naturalization (k) election, loss or recovery of
citizenship (l) civil interdiction; (m) judicial determination of filiation;
(n) voluntary emancipation of a minor; and (a) changes of name
(Sec. 2, Rule 108).
(2) The petition for change of first names or nicknames may be

allowed when such names or nicknames are ridiculous, tainted with
dishonor or extremely difficult to write or pronounce; or the new
name or nickname has been used habitually and continuously
petitioner and has been publicly known by that first name or
nickname in the community; or the change will avoid confusion
(Sec. 4, RA 9048).
VII. CRIMINAL PROCEDURE officer for any violation of law. (sec. 2,

R.A. 7438)
1. “CUSTODIAL INVESTIGATION “shall
include the practice of issuing an
“invitation” to a person who is investigated 2. PROSECUTION OF OFFENSES;
in connection with an offense he is CRIMINAL ACTIONS, HOW INSTITUTED
suspected to have committed, without
prejudice to the liability of the “inviting” Criminal actions are instituted by:

XPNs:
1. Filing the complaint with the proper
officer for the purpose of conducting the 1. An offense was committed on a railroad
requisite preliminary investigation for train, in an aircraft, or in any other public
offenses where a preliminary investigation or private vehicle in the course of trip –
is required; or The criminal action may be instituted and
tried in the court of any municipality or
2. For all other offenses, by filing the territory where such train, aircraft or other
complaint or information directly with the vehicle passed during such trip, including
MTC and MCTC, or the complaint with the the place of departure and arrival[Sec. 15
office of the prosecutor. (Sec. 1, Rule 110) (b), Rule 110];
Prosecution of criminal actions 2. Where the offense is committed on

board a vessel on its voyage – The
GR: The public prosecutor shall criminal action may be instituted and tried
prosecute, direct and control all criminal in the proper court of the first port of entry
actions commenced by a complaint or or of any municipality or territory through
information. which the vessel passed during such
voyage subject to the generally accepted
XPN: The private prosecutor (private principles of international law[Sec. 15(c),
counsel) may prosecute the case provided Rule 110];
that:
3. Felonies under Art. 2 of the RPC –
1. The public prosecutor has heavy work Shall be cognizable by the proper court
schedule; or where the criminal action was first filed
2. There is lack of public prosecutors; [Sec. 15 (d), Rule 110];
3. The private prosecutor must be
authorized in Writing by the Chief 4. Continuous or transitory crimes – Such
Prosecution Office or Regional State offenses maybe tried by the court of any
Prosecution; and jurisdiction wherever the offender may be
4. Such will be subject to the court’s found, but the complainant should allege
approval. (Sec. 5,Rule 110) that the offense was committed within the
jurisdiction of the court (Herrera, 2007);
3. PROSECUTION OF OFFENSES; 5. Piracy – The venue of piracy, unlike all

VENUE OF CRIMINAL ACTIONS other crimes, has no territorial limits. It is
triable anywhere;
GR: Subject to existing laws, criminal
action shall be instituted and tried in the 6. Libel – The action may be instituted at
court of the municipality or territory where the election of the offended or suing party
the offense was committed or any of its in the municipality or city where:
essential ingredients occurred. (Sec. 15,
Rule 110) a. The libelous article is printed and first
published;
b. If one of the offended parties is a XPNs:
private individual, where said private
individual 1. In cases of independent civil actions
Actually resides at the time of the based on Arts.32, 33, 34 and 2176 of the
commission of the offense; or Civil Code;
c. If the offended party is a public official, 2. In cases where the civil action presents
where the latter holds office at the time of a prejudicial question; and
the Commission of the offense. 3. Where the civil action is not one
intended to enforce the civil liability
7. BP 22 cases – The criminal action shall arising from the offense.
be filed at the place where the check was
dishonored or issued. In case of crossed 6. PRELIMINARY INVESTIGATION;
check, the place of the depositary or the PURPOSES OF PRELIMINARY
collecting bank. INVESTIGATION
1. For the investigating prosecutor to

4. PROSECUTION OF CIVIL ACTION; determine if the crime has been
WHEN CIVIL ACTION MAY PROCEED committed;
INDEPENDENTLY 2. To protect the accused from
inconvenience, expense and burden of
1. Arising from breach of contract; and defending himself in a formal trial unless
2. Independent civil actions or those probability of his guilt is first ascertained
based on Arts. 32, 33, 34 and Art. 2176 of by competent officer;
the NCC or quasi-delict. (Herrera, 2007) 3. To secure the innocent against hasty,
malicious, and oppressive prosecution and
to protect him from an open and public
5. PROSECUTION OF CIVIL ACTION; accusation of a crime and anxiety of a
WHEN SEPARATE CIVIL ACTION IS public trial;
SUSPENDED 4. To protect the State from having to
conduct useless and expensive trial; and
GR: If the civil action is instituted before 5. To determine the amount of bail, if the
the institution of the criminal action, the offense assailable. (Herrera, 2007)
pending civil action, in whatever stage it
may be found, shall be suspended until
final judgment of the criminal action has
been rendered. (Sec.2, Rule 111)
7. PRELIMINARY INVESTIGATION VS. INQUEST
PRELIMINARY INQUEST
INVESTIGATION
Nature inquiry or proceeding Summary investigation
Purpose determine existence of determining whether or not
probable cause said persons should remain
under custody and
correspondingly be charged
in court
Subject accused persons lawfully detained
and arrested without warrant
of arrest
8. ARREST; PERSON WHO MAY ISSUE Elements of In flagrante delicto arrests
A WARRANT OF ARREST are:
The 1987 Constitution speaks of “judges” a. The person arrested must execute an
which means judges of all levels. This overt act indicating that he has just
power may not be limited much less committed, is actually committing, or is
withdrawn by Congress. The power to attempting to commit a crime; and
determine the existence of probable cause
to issue a warrant of arrest is a function of b. Such overt act is done in the presence
the judge and such power lies in the judge or within the view of the arresting officer.
alone. (People v. Inting, G.R. No. 85866,
July 24, 1990) 2. Hot pursuit arrest - When an offense
NOTE: The exception is in case of has been committed and he has probable
deportation of illegal and undesirable cause to believe based on personal
aliens, whom the President or the knowledge of facts and circumstances that
Commissioner of Immigration may order the person to be arrested has committed
arrested following a final order of it; [Sec. 5 (1), Rule 113]
deportation for the purpose of deportation.
(Salazar v. Achacoso, G.R. No. 81510, Elements of Hot Pursuit Arrest are:
March14, 1990)
a. An offense has been committed close
9. ARREST WITHOUT WARRANT, WHEN proximity between the arrest and the time
LAWFUL of commission of the crime (Amarna,
2007);
GR: No peace officer or person has the
power or authority to arrest anyone b. The offense has just been committed;
without a warrant except in those cases and
expressly authorized by law. (Umil vs.
Ramos, G.R. No.81567, October 3, 1991) c. Probable cause based on personal
knowledge on the part of the person
XPNs: making the arrest, of facts or
circumstances that the person/s to be
1. In flagrante delicto arrests - When, in arrested committed it. (Herrera, 2007)
his presence, the person to be arrested
has committed, is actually committing, or NOTE: There must be compliance with the
is attempting to commit an offense; [Sec. element of immediacy between the time
5 (1), Rule 113] of the commission of the crime and the

time of arrest. (People v Salvatiera, G.R. perpetua or life imprisonment (Sec. 4,
No. 104663, July 24, 1997) Rule 114);
3. Before final conviction by all children in
3. Evasion of service of sentence by conflict with the law for an offense not
prisoner –When the person to be arrested punishable by reclusion Perpetua or life
is a prisoner who has escaped from a imprisonment.
penal establishment or place where he is
serving final judgment or temporarily If the penalty imposed by the trial court is
confined while his case is pending, or has imprisonment exceeding 6 years, the
escaped while being transferred; [Sec. 5 accused shall be denied bail, or his bail
(2), Rule 113] shall be cancelled upon showing by the
prosecution, with notice to the accused, of
4. Where a person who has been lawfully the following or other similar
arrested escapes or is rescued (Sec. 13, circumstances:
Rule 113);
1. That he is a recidivist, quasi-recidivist
5. By the bondsman for the purpose of or habitual delinquent, or has committed
surrendering the accused (Sec. 23, Rule the crime aggravated by the circumstance
114); and of reiteration;
6. Where the accused out on bail attempts 2. That he previously escaped from legal
to leave the country without permission of confinement, evaded sentence, or has
the court. (Sec.23, Rule 114) violated the conditions of his bail without
valid justification;
7. Buy-bust Operation - A buy-bust
operation is a form of entrapment, in 3. That he committed the offense while
which the violator is caught in flagrante under probation, parole, or conditional
delicto and the police officers conducting pardon;
the operation are not only authorized, but
duty-bound, to apprehend the violator and 4. That the circumstances of his case
to search him for anything that may have indicate the probability of flight if released
been part of or used in the commission of on bail; or
the crime.
5. That there is undue risk that he may
commit another crime during the pendency
10. BAIL; WHEN A MATTER OF RIGHT; of the appeal.(Sec. 5, Rule 114)
EXCEPTIONS
11. BAIL; WHEN A MATTER OF
Bail is a matter of right DISCRETION
1. Before or after conviction by the MeTC, 1. Upon conviction by the RTC of an

MTC, MTCC or MCTC and offense not punishable by death, reclusion
2. Before conviction by the RTC of an Perpetua or life imprisonment;
offense not punishable by death, reclusion
2. Regardless of the stage of the criminal Period of arraignment
prosecution, a person charged with a
capital offense, or an offense punishable GR: Arraignment shall be made within 30
by reclusion perpetua or life imprisonment, days from the date the court acquires
when evidence of guilt is not strong(Sec. jurisdiction over the person of the
7, Rule 114); and accused. [Sec. 1 (g), Rule 116]
3. A child in conflict with the law charged
with an offense punishable by death, XPNs:
reclusion Perpetua or life imprisonment
when evidence of guilt is not strong. (Sec. 1. When an accused is under preventive
28, A.M. No. 02-1-18-SC) detention, his case should be raffled
within 3 days from filing and accused shall
NOTE: The prosecution cannot adduce be arraigned within 10 days from receipt
evidence for the denial of bail where it is a by the judge of the records of the case;
matter of right. However where the grant (RA8493 Speedy Trial Act)
of bail is discretionary, the prosecution
may show proof to deny the bail. 2. Where the complainant is about to
depart from the Philippines with no
Whether bail is a matter of right or of definite date of return, the accused should
discretion, reasonable notice of hearing is be arraigned without delay;
required to be given to the prosecutor or
fiscal, or at least he must be asked for his 3. Cases under RA 7610 (Child Abuse
recommendation. Act), the trial shall be commenced within 3
days from arraignment;
12. ARRAIGNMENT AND PLEA, HOW
MADE; PERIOD 4. Cases under the Dangerous Drugs Act;
and
It is the formal mode of implementing the
constitutional right of the accused to be 5. Cases under SC AO 104-96 i.e. heinous
informed of the nature of the accusation crimes, violations of the Intellectual
against him. (People v. Pangilinan, G.R. Property Rights law, these cases must be
No.171020, March 14, 2007) tried continuously until terminated within
60 days from commencement of the trial
Arraignment is the proceeding in a and to be decided within 30 days from the
criminal case, whose object is to fix the submission of the case.
identity of the accused, to inform him of
the charge and to give him an opportunity
to plead, or to obtain from the accused his 13. ARRAIGNMENT AND PLEA; KINDS
answer, in other words, his plea to the OF PLEA
information.
1. No plea – a plea of not guilty shall be
NOTE: Arraignment is an indispensable entered
requirement of due process.

2. Conditional plea of guilt – a plea of not b. The plea of not guilty and the
guilty shall be entered withdrawal of the previous guilty plea shall
be made before trial;
3. Not guilty – case proceeds to trial or c. The lesser offense is necessarily
pre-trial included in the offense charged; and
d. The plea must have the consent of the
4. Guilty to a lesser offense – if fiscal and prosecutor and the offended party
offended party consents, conviction under (Section Rule 116)
offense charged for purposes of double
jeopardy Note: No amendment of complaint or
information is necessary (Sec. 2).
14. ARRAIGNMENT AND PLEA; THE
ACCUSED ENTER A PLEA OF GUILTY 3. After prosecution rests – allowed only
TO A LOWER OFFENSE IN THE when the prosecution does not have
FOLLOWING INSTANCES: sufficient evidence to establish guilt for
the crime charged.
1. during arraignment
The conviction of the accused shall not be
a. If the offended party is present, the a bar to another prosecution for an
latter must consent with the prosecutor offense which necessarily includes the
consented offense charged in the former complaint or
Plea; and information if the plea of guilty to a lesser
b. That the lesser offense is necessarily offense was made without the consent of
included in the offense charged. the prosecutor or offended party except if
the offended party fails to appear at
2. After arraignment but before trial arraignment.
provided the following requisites are
present:
a. The plea of guilty is withdrawn;

15. MOTION TO QUASH DISTINGUISH FROM DEMURRER TO EVIDENCE
MOTION TO QUASH DEMURRER TO EVIDENCE

Filed before the defendant enters his plea. Filed after the prosecution has rested its
case.
Does not go into the merits of the case but is Based on the ground of insufficiency of evidence
anchored on matters not directly related to the adduced by the prosecution in support of the
question of guilt or innocence of the accused. accusation.
Governed by Rule 117 of the Rules of Governed by Rule 119 of the Rules of
Court. Court.
Does not require a prior leave of court. May be filed by the accused either with
leave or without leave of court.
16. MOTION TO QUASH; PROVISIONAL Rationale of the exclusion of the

DISMISSAL accused in the mandatory appearance
during pre-trial
It contemplates that the dismissal of the
action is not permanent and can be The principal reason why the accused is
revived within the period set by the Rules not included in the mandatory appearance
of Court. is the fear that to include him is to violate
his constitutional right to remain silent.
Period when provisional dismissal (Sec.12 (1), Art. III, 1987 Constitution)
becomes permanent
NOTE: Unless otherwise required by the
1. The provisional dismissal of offenses court, personal appearance of the accused
punishable by imprisonment not exceeding at the conference is not indispensable.
6 years or a fine of any amount, or both, This is aside from the consideration that
shall become permanent 1 year after the accused may waive his presence at all
issuance of the order without the case stages of the criminal action, except at the
having been revived. arraignment, promulgation of judgment or
when required to appear for identification.
2. With respect to offenses punishable by (Regalado, 2008)
imprisonment of more than 6 years, their
provisional dismissal shall become
permanent 2 years after issuance of the 18. PRE-TRIAL; WHAT THE COURT
order without the case having been SHOULD DO WHEN PROSECUTION AND
revived. (Sec. 8 Rule 117) OFFENDED PARTY AGREE TO THE
PLEA OFFERED BY THE ACCUSED
17. PRE-TRIAL; EFFECT OF NON-
APPEARANCE IN PRE-TRIAL The court shall:
Effect of non-appearance of counsel for 1. Issue an order which contains the plea
the accused or the prosecutor during bargaining arrived at;
the pre-trial without valid justification
2. Proceed to receive evidence on the civil
The court may impose proper sanctions or aspect of the case; and
penalties in the form of reprimand, fines or
imprisonment the counsel does not offer 3. Render and promulgate judgment of
an acceptable excuse for his lack of conviction, including the civil liability or
cooperation. (Sec. 3, Rule 118; Sec. 5, damages duly established by the
Speedy Trial Act) evidence. (A.M. No. 03-1-09-SC)

19. TRIAL; INSTANCES WHEN Sandiganbayan, G.R. Nos. 175930-31
PRESENCE OF ACCUSED IS REQUIRED February 11, 2008)
BY LAW
NOTE: A demurrer to evidence is actually
1. At arraignment and plea, whether of a motion to dismiss that is filed by the
innocence or of guilt; accused after the prosecution has rested
its case.
2. During trial whenever necessary for
identification purposes; and Effect of filing a demurrer with leave of
court vs. Filing demurrer without leave
3. At the promulgation of sentence, unless
it is for a light offense, in which case, the WITH LEAVE WITHOUT LEAVE
accused may appear by counsel or If leave of court is If demurrer to
representative. denied, the evidence is denied,
accused may it is tantamount to a
proceed with the waiver of the right of
20. TRIAL; TRIAL IN ABSENTIA presentation of his the accused to
evidence. present evidence
Sec. 14 (2), Art. III of the Constitution and as a
provides that trial may proceed consequence the
notwithstanding the absence of the case will be
accused provided that he has been duly submitted for
notified and his failure to appear is judgment on the
unjustifiable. (Parade v. Veneration, A.M. basis of the
No.RTJ96-1353, March 11, 1997) evidence for the
prosecution.
Requisites of trial in absentia:
If demurer is If demurer is
1. The accused has already been granted, the case granted, the case is
arraigned; is dismissed and dismissed and the
2. He has been duly notified of the trial; the effect is an effect is an
and acquittal. acquittal.
3. His failure to appear is unjustified.
(Sec. 14(2), Art. III, 1987 Constitution of
the Philippines; Bernardo people, G.R. No.
166980, April 4, 2007) 22. JUDGMENT; WHEN JUDGMENT
BECOMES FINAL
21. TRIAL; DEMURRER TO EVIDENCE
1. after the lapse of time for perfecting an
It is an objection by one of the parties in appeal;
an action to the effect that the evidence
which his adversary produced is NOTE: In case of death penalty is
insufficient in point of law to make out a imposed, the CA Shall automatically
case or sustain the issue. (Nicolas v.
review the judgment before it Becomes
final. Grounds: Grounds:
2. When the sentence has been partially 1. Errors of law 1. Errors of law in the
or totally satisfied; or irregularities judgment which
prejudicial to the requires no further
3. When the accused has expressly substantial rights proceedings; or
waived in writing his right to appeal; or of the accused
have been 2. Errors of fact in the
4. When the accused has applied for committed during judgment which
probation. (Sec. 7,Rule 120) the trial; and requires no further
proceedings. (Sec.
2. New and 3,Rule121)
23. MOTION FOR NEW TRIAL VS. material
MOTION FOR RECONSIDERATION evidence has NOTE: The principle
been discovered underlying this rule is
NEW TRIAL RECONSIDERATION which the to
Rehearing of a May be filed in order to accused could afford the trial court
case already correct errors of law or not, with the opportunity to
decided but Fact in the judgment. It reasonable correct
before the does not require any diligence, have Its own mistakes and
judgment of Further proceeding. discovered and to avoid unnecessary
conviction produced at the appeals from being
therein rendered trial and which if taken.
has become introduced
final, whereby and admitted
errors of law or would probably
Irregularities are change the
expunged from judgment(Sec.
the record or 2,Rule121).
new evidence is
introduced, or
both steps are
taken. 24. NEW TRIAL OR RECONSIDERATION;
APPLICATION OF NEYPESDOCTRINE IN
NOTE: A hearing CRIMINAL CASES
shall be
conducted when The period for appeal is not only within 15
the days from notice of the judgment but also
motion for new within 15 days from notice of the final
trial calls for a order appealed from.
resolution of a
Question of fact. NOTE: A fresh period of 15 days to appeal
(Riano 2011) is counted from the denial of the motion
for reconsideration or new trial. (Napes v. Appeal taken by any of the several
CA, G.R. No. 141524, September 14, accused shall have the following effects:
2005)
1. It shall not affect those who did not
The raison d’être for the "fresh period appeal, except insofar as the judgment of
rule" is to standardize the appeal period the appellate court is favorable and
provided in the Rules and do away with applicable to the latter (People v. Gandia,
the confusion as to when the 15-day G.R. No. 175332, February 6, 2008;
appeal period should be counted. Gracespeople, G.R. No. 173858, July 17,
2007);
25. APPEAL; EFFECT OF AN APPEAL 2. The appeal of the offended party from
the civil aspect shall not affect the
An appeal in a criminal case opens the criminal aspect of the judgment or order
whole case for review and this includes appealed from; and
the review of penalty, indemnity, and the
damages involved. Consequently, on 3. Upon perfection of the appeal, the
appeal, the appellate court may increase execution of the judgment or final order
the penalty and indemnity of damages appealed from shall be stayed as to the
awarded by the trial court although the appealing party. (Sec. 11, Rule 122)
offended party had not appealed from said
award, and the party who sought a review NOTE: In People v. Olive(G.R. No.
of the decision was the accused. 177768, July 27, 2009) an accused has
benefitted from the acquittal of his co -
Effect of perfection of appeal with accused despite the former’s failure to
regard to the jurisdiction of the court appeal from the judgment.
Once an appeal in a case, whether civil or

criminal, has been perfected, the court a 27. SEARCH AND SEIZURE; WARRANT
quo loses jurisdiction over the case both OF ARREST V. SEARCH WARRANT
over the record and over the subject of the
case (Director of Prisons v. Teodoro, G.R. WARRANT OF SEARCH
No. L-9043, July 30, 1955). Failure to ARREST WARRANT
serve a copy to the prosecutor is not Order directed to the Order in writing in
defect which can nullify the appeal or peace officer to the name of the
prejudice the unquestionable rights of the execute the warrant by People of the
accused. taking the person Philippines signed
stated therein into by the judge and
custody so that he directed to the
may be bound to peace officer to
answer for the search personal
26. APPEAL; EFFECT OF APPEAL BY commission of the property Described
ANY OF SEVERAL ACCUSED offense. therein and to bring
it to court.
Does not become Validity is for 10 29. PROVISIONAL REMEDIES; KINDS
stale. days only. OF PROVISIONAL REMEDIES
Searching The judge must 1. Attachment (Rule 57);

examination of personally conduct
witnesses is not an examination of It is a remedy afforded to the offended
necessary. the complainant and party to have the property of the accused
the witnesses. attached as security for satisfaction of any
judgment that may be recovered from the
Judge is merely Examination must accused.
called upon to be probing. Not
examine and enough to merely 2. Preliminary injunction (Sec. 58);
evaluate the report adopt the questions
of the prosecutor and answers asked It is an order of the court to restrain or to
and the evidence. by a previous cease from doing an act.
investigator.
3. Receivership (Rule 59);
28. SEARCH AND SEIZURE;
EXCEPTIONS TO SEARCH WARRANT It is a remedy available to secured
REQUIREMENT creditors to recover amounts under a
secured loan in the event the company
GR: The procurement of a warrant is defaults payments.
required before a law enforcer can validly
conduct a search and seizure. 4. Replevin (Rule 60); and
XPN: (Instances of a valid warrantless It is a procedure whereby seized goods

search) may be provisionally restored to their
owner pending the outcome of an action.
1. Search incident to lawful arrest;
2. Plain view doctrine; 5. Support pendente lite. (Rule 61)
3. Immediate control test;
4. Consented search (waiver of right); It is an order against the accused to
5. Search of moving vehicle (Caroll provide support pendente lite to the child
doctrine); born to the offended
6. Checkpoints; body checks in airports; Party allegedly because of the crime. The
7. Stop and frisk situations (Terry application therefor may be filed
doctrine); successively by the offended party, her
8. Enforcement of custom laws; parents, grandparents or guardian and the
9. Exigent and emergency circumstances; State in the corresponding criminal case
and during its pendency. (Sec. Rule 61)
10. Inspection of buildings and other
premises for the enforcement of fire, VIII. EVIDENCE
sanitary, and building regulations.
1. GENERAL PRINCIPLES; EVIDENCE IN
CIVIL CASES VERSUS EVIDENCE IN Ultimate Facts Intermediate or
CRIMINAL CASES evidentiary facts
EVIDENCE IN EVIDENCE IN Hypothetical Existent

CIVIL CASES CRIMINAL CASES
The party having The guilt of the
the burden of accused has to be Illustration: If P claims to have been
proof must prove proven beyond injured by the negligence of D who denies
his claim by reasonable having been negligent, the negligence is
preponderance of doubt.(Sec. 1, Rule the fact to be established. It is the factum
evidence. 133) probandum.
(Sec. 1, Rule 133)
The evidence offered by P constitutes the
An offer of The same may be material to prove the liability of D. The
compromise is not received in evidence totality of the evidence to prove the
an admission of as an admission of liability is the factum probans(Riano,
any liability, and guilt except those 2016).
not admissible in involving quasi
evidence against offenses(criminal
the offeror.(Sec. negligence) or those 3. ADMISSIBILITY OF EVIDENCE;
27, Rule 130) allowed by law to be REQUISITES FOR ADMISSIBILITY OF
compromised.(Sec. EVIDENCE
27, Rule 130)
1. The evidence is relevant to the issue;
and
2. GENERAL PRINCIPLES; FACTUM NOTE: It is relevant if “it has such a

PROFANESVERSUS FACTUM relation to the fact in issue as to induce
PROBANDUM belief in its existence or
nonexistence”(Sec. 4, Rule 128).
FACTUM FACTUM
PROBANDUM PROBANS 2. The evidence is not excluded by the
The fact or The facts or rules (competent).
proposition to be material evidencing
established the fact or NOTE: Competency is determined by the
proposition to be prevailing exclusionary rules of evidence.
established.
Relevancy is an affair of logic, human
The fact to be The probative or experience and common sense while
proved, the fact evidentiary fact competency is determined by law.
which is in issue and tending to prove
to which the the fact in issue. Illegally obtained evidence cannot be
evidence is directed. admitted because they are the “fruit of the
poisonous tree”. Examples of illegally through an inference which the fact finder
obtained evidence are evidence obtained draws from the evidence established.
without a valid search warrant (this is (People v. Matito, G.R. No. 144405,
however subject to exceptions) (Under February 24, 2004)
Section 3 (2),Article III of the 1987
Constitution) (2010 Bar)
6. ADMISSIBILITY OF EVIDENCE;
4. ADMISSIBILITY OF EVIDENCE; CUMULATIVE EVIDENCE AND
RELEVANCE OF EVIDENCE AND CORROBORATIVE EVIDENCE
COLLATERAL MATTERS
Cumulative evidence refers to evidence of
Evidence must have such a relation to the the same kind and character as that
fact in issue as to induce belief in its already given and that tends to prove the
existence or non-existence. (Sec. 4,Rule same proposition. (Wyne v. Newman, 75
128) Ca.,811, 817)
Collateral matters Corroborative evidence is one that is

supplementary to that already given
GR: Evidence on collateral matters is not tending to strengthen or confirm it. It is
allowed. additional evidence of a different
character to the same point(Edwards v.
XPN: Evidence on collateral matters shall Edwards, Tenn. App., 501 S.W. ad
be allowed when it tends in any 283.289).
reasonable degree to establish the
probability or improbability of fact in issue.
7. BURDEN OF PROOF AND BURDEN OF
Illustration: Although evidence of EVIDENCE
character is generally inadmissible(Sec.
51, Rule 130), the accused may prove his BURDEN OF BURDEN OF
good moral character which is pertinent to PROOF EVIDENCE
the moral trait involved in the offense Burden of proof or Burden of evidence is
charged. (Sec. 51(a)(1), Rule 130) “onus probandi” that logical necessity
traditionally refers which rests upon a
to the obligation party at any particular
5. ADMISSIBILITY OF EVIDENCE; of party to the time during the trial to
DIRECT AND CIRCUMSTANTIAL litigation to create a prima facie
EVIDENCE persuade the case in his favor or to
court that he is overthrow one created
Direct Evidence proves a fact without the entitled to relief against him.
need to make an inference from another
fact (Riano, 2016). Duty of a party to Duty of the party to go
present evidence forward with the
Circumstantial Evidence or indirect to establish his evidence to overthrow
evidence proves a faction issue indirectly claim or evidence the prima facie
by the amount of evidence Against him.
evidence (Bautista v. 1. Estoppel in pais (Equitable Estoppel) –
Required by law, Sarmiento, G.R. No. Whenever a party has, by his own
which is L45137,September, declaration, act or omission, intentionally
preponderance of 23,1985) and deliberately led another to believe a
evidence in civil particular thing to be true, and to act upon
cases. (Supreme such belief, he cannot, in any litigation
Tran’s liner, Inc. arising out of such declaration, act or
v. CA, G.R. No. omission, be permitted to falsify it(Sec. 2,
125356 November (par. a), Rule 131);
21, 2001)
2. Estoppel by deed – A party to a
Does not shift and The burden of going property deed is precluded from asserting,
remains forward with the as against another party to the deed, any
throughout the evidence may shift right or title in derogation of the deed, or
entire case from party to party as from denying the truth of any material fact
exactly where the the exigencies of the asserted in the deed e.g. The tenant is not
pleadings trial require. permitted to deny the title of his landlord
originally placed (Chamberlayne, Sec. at the time of the commencement of the
it. 203, 108, 169) relation of landlord and tenant between
them. (Sec. 2 (par. b), Rule 131)
Generally Generally determined
determined by the by the developments NOTE: Estoppel may attach even though
pleadings filed by of the trial, or by the the landlord does not have title at the
the party. provisions of commencement of the relations. It may
substantive law or inure in favor of the successor (Golden
procedural rules Horizon Realty Corporation vs. St Chan,
which may relieve the G.R. No. 145416, September 21, 2001,
party from presenting citing Gemonian vs. CA, July 24, 1996). If
evidence on the facts the title asserted is one that is alleged to
alleged. have been acquired subsequent to the
commencement of that relation, the
presumption will not apply. (Santos vs.
NZO, G.R. No. 171129, April, 2011)
8. PRESUMPTIONS; CONCLUSIVE
PRESUMPTION 9. PRESUMPTIONS; DISPUTABLE
PRESUMPTION; PRESUMPTION OF
These are presumptions which are DEATH
irrefutable and any evidence tending to
rebut the presumption is not admissible. Those which are satisfactory if
This presumption is in reality a rule of contradicted, but maybe contradicted and
substantive law. (Riano, 2016) overcome by other evidence. (Sec. Rule
131)
Classes of conclusive presumptions
Presumption of Death; again, the spouse present must institute
summary proceeding as provided in the
a. Absence of 7 years – It being unknown
whether, the absentee still lives, he shall Family Code and in the rules for
be presumed declaration of presumptive death of the
Dead for all purposes, except for those of absentee, without prejudice to the effect of
succession; reappearance of the absent spouse.
b. Absence of 10 years – The absentee 10. LIBERAL CONSTRUCTION OF THE

shall be considered dead for the purpose RULES ON EVIDENCE
of opening his
Succession only after an absence of 10 The rules of evidence must be liberally
years; and if he disappeared after the age construed (Sec. Rule 1). The Rules of
of 75 absence of only 5 years is sufficient; Procedure are mere tools intended to
facilitate rather than to frustrate the
c. The following shall be considered dead attainment of justice. A strict and rigid
for all purposes including the division of application of the rules must always be
estate among avoided if it would subvert their primary
The heirs: objective of enhancing substantial justice
(Alcan Tara v. PCIB, G.R. No. 151349,
i. Person on board a vessel lost during a October 20, 2010). Procedural rules must
sea voyage, or an aircraft which is be liberally interpreted and applied so as
missing, who not to frustrate substantial justice
Has not been heard of for 4 years since (Quiambao v. Court of Appeals, G.R. No.
the loss of the vessel or aircraft; 128305, March 28, 2005). However, to
justify relaxation of the rules, a
ii. Member of the armed forces who has satisfactory explanation and subsequent
taken part in armed hostilities, and has fulfillment of the requirements have
been missing for 4 years; always been required. (Bareness v.
Tomas, G.R. No. 150321, March 31, 2005)
iii. Person who has been in danger of
death under other circumstances and
whose existence has not been known for 4 11. QUANTUM OF EVIDENCE (WEIGHT
years; AND SUFFICIENCY OF EVIDENCE);
CLEAR AND CONVINCING EVIDENCE
iv. If a married person has been absent for
consecutive years, the spouse present It is that degree of evidence that produces
may contract a subsequent marriage if he in the mind of the trier of fact a firm belief
or she has well-founded belief that the or conviction as to allegations sought to
absent spouse is already dead; 2 years in be established. It is intermediate, being
case of disappearance where there is more than preponderance, but not to the
danger of death under the circumstances extent of such certainty as is required
hereinabove provided. Before marrying beyond reasonable doubt as in criminal
cases. (Black’s Law Dictionary, 2004)
1. Matters which are of public knowledge;
12. JUDICIAL NOTICE AND JUDICIAL
ADMISSIONS; MATTERS OF JUDICIAL NOTE: Public knowledge are those
NOTICE; MANDATORY matters coming to the knowledge of men
generally in the course of ordinary
When the matter is subject to a mandatory experiences of life, or they may be matters
judicial notice, no motion or hearing is which are generally accepted by mankind
necessary for the court may take judicial as true and are capable of ready and
notice of a fact. unquestioned demonstration.
Matters subject to mandatory judicial 2. Capable of unquestionable

notice (EPOS-APIOL-MG) demonstration; or
1. Existence and territorial extent of NOTE: Matters which are capable of

states; unquestionable demonstration are facts,
2. Political history, forms of government theories and conclusions which have come
and symbols to be established and accepted by the
Of nationality; specialists in the areas of natural science,
3. Law of nations; natural phenomena, chronology,
4. Admiralty and maritime courts of the technology, geography, statistical facts
world and their seals; and other fields of professional and
5. Political constitution and history of the scientific knowledge. (Francisco, 1996)
Philippines;
6. Official acts of legislative, executive 3. Ought to be known to judges because
and judicial departments of the of their judicial functions. (Sec. 2, Rule
Philippines; 129)
7. Laws of nature; NOTE: Judicial notice is not judicial
8. Measure of time; and knowledge. The mere personal knowledge
9. Geographical divisions (Sec. 1, Rule of the judge is not the
129) Judicial knowledge of the court, and he is
not authorized to make his individual
knowledge of fact, not generally or
13. JUDICIAL NOTICE AND JUDICIAL professionally known, the basis of his
ADMISSIONS; MATTERS OF JUDICIAL action. Judicial cognizance is taken only
NOTICE; DISCRETIONARY of those matters which are "commonly"
known. (State Prosecutors vs. Moro, A.M.
When the matter is subject to No. RAJ-92-876, September 19, 1994)
discretionary judicial notice, a hearing is
necessary before judicial notice is taken of
a matter. 14. JUDICIAL ADMISSIONS; HOW
JUDICIAL ADMISSIONS MAY BE
Matters which the court may take CONTRADICTED
judicial notice of :( 2005 Bar)

1. upon showing that the admission was 4. The object must be formally offered in
made through evidence (Riano, 2016).
Palpable mistake; or
17. DOCUMENTARY EVIDENCE;
2. When it is shown that no such REQUISITES FOR ADMISSIBILITY;
admission was made (Sec. 4, Rule 129). RULES ON ELECTRONIC EVIDENCE
(A.M. NO. 01-7-01-SC)
15. JUDICIAL NOTICE OF FOREIGN Evidentiary weight of electronic

LAWS, LAW OF NATIONS AND evidence
MUNICIPAL ORDINANCES
In assessing the evidentiary weight of
Judicial notice of foreign laws electronic evidence, certain factors may
be considered, like:
GR: Courts cannot take judicial notice of
foreign laws. They must be alleged and 1. The reliability of the manner in which it
proved (2005 Bar). was generated, stored or communicated
XPN: When said laws are within the actual 2. The reliability of the manner in which its
knowledge of the court and such laws are: originator was identified.
1. Well and generally known; 3. The integrity of the information and

2. Actually ruled upon in other cases communication system.
before it; and none of the parties claim
otherwise (PICK v. Escola, G.R.Nos. L- 4. The familiarity of the witnesses or the
27860 L-278896, March 29, 1974). person who made the entry with the
communication and information system.
16. OBJECT (REAL) EVIDENCE;
REQUISITES FOR ADMISSIBILITY 5. The nature and quality of the
information which went into the
1. It must be relevant and competent; communication and information system.
2. Authenticated;
6. Other factors which the courts may
NOTE: To authenticate the object, it must consider (Sec. Rule 7, Rules on Electronic
be shown that the object is the very thing Evidence).
that is either the subject matter of the law
suit or the very one involved to prove an All matters relating to the admissibility and
issue in the case. evidentiary weight of an electronic
document may be established by an
3. The authentication must be made by a affidavit stating facts of direct personal
competent witness who should identify the knowledge of the affiant or based on
object to be the actual thing involved; and authentic records. The affidavit must
affirmatively show the competence of the
affiant to testify on the matters contained
therein. (Sec. 1, Rule 9 Rules on original
Electronic Evidence) Applies only to Applies to all kinds
documents which of writings
The affiant shall be made to affirm the are contractual in
contents of the affidavit in open court may nature including
be cross examined as a matter of right by wills
the adverse party. (Sec. 2, Rule 9, Rules Can be invoked only Can be invoked by
on Electronic Evidence) when the any party to an
controversy is action whether he
18. DOCUMENTARY EVIDENCE; BEST between the parties has participated in
EVIDENCE RULE; WHEN APPLICABLE to the written the writing involved
agreement, their
1. The subject matter must involve a privies, or any party
document; and affected thereby like
2. The subject of the inquiry is the acetum que trust
contents of the document.
NOTE: When the truth of the document is 20. DOCUMENTARY EVIDENCE;

in issue and not the contents thereof, the AUTHENTICATION AND PROOF OF
best evidence rule will not be applicable. DOCUMENTS; WHEN A PRIVATE
In such case, it is the hearsay rule that WRITING REQUIRES AUTHENTICATION;
will apply (Riano, 2016). PROOF OF A PRIVATE WRITING
19. Documentary Evidence; Parole 1. It may be proved by any witness who

evidence Rule; Distinctions between the actually saw the person writing the
best evidence rule and the parol instrument;
evidence rule
2. By any person who is familiar or has
PAROLE EVIDENCE BEST EVIDENCE acquired knowledge of the handwriting of
RULE RULE such person, his
Presupposes that The original Opinion as to the handwriting being an
the original document is not exception to the opinion rule under Secs.
document is available or there is 48 & 50 of Rule 130;
available in court dispute as to
whether said 3. By a comparison of the questioned
writing is original handwriting from the admitted genuine
Prohibits the varying Prohibits the specimens thereof; or
of the terms of a introduction of
written secondary evidence 4. by expert witness (Secs. 20 & 22, Rule
agreement in lieu of the 132; Sec. 49 Rule 130).
original document
regardless of 21. Testimonial Evidence; Competency
whether it varies versus credibility of a witness;
the contents of the
Disqualifications of witnesses; by him that he should be deemed
Disqualification by reason of marriage impeached. (People v. Sabayon, G.R. No.
182789, August, 2010)
During their marriage, neither the husband
nor the wife may testify for or against the Laying the predicate in impeaching a
other without the consent of the affected witness by evidence of prior
spouse, except in a civil case by one inconsistent statements
against the other, or in a criminal case for
a crime committed bygone against the 1. The prior inconsistent statements must
other or the latter’s direct descendant or be related to him, with the circumstances
descendants(Sec. 22, Rule 130). (2000, of the times and places and the persons
2004, 2006 Bar) present;
22. Testimonial Evidence; Examination 2. The witness must be asked whether he

of a witness; Judicial Affidavit Rule made such statements, and if so, allowed
(A.M. No. 12-8-8-SC); Application to to explain them; and
criminal actions
3. If the statements be in writing it must be
The judicial affidavit rule shall apply to all shown to the witness before any question
criminal actions: is put to him concerning them (Sec. 13,
Rule 132). (1996 Bar)
1. Where the maximum of the imposable
penalty does
Not exceed six years; 24. Testimonial Evidence; Admissions
2. Where the accused agrees to the use of and confessions
judicial affidavits, irrespective of the
penalty involved; or ADMISSIONS CONFESSIONS
3. With respect to the civil aspect of the A statement of fact A statement of fact
actions, whatever the penalties involved which does not which involves an
are (Sec. 9, JAR). involve an acknowledgment of
acknowledgment of guilt or liability
23. Testimonial Evidence; how the guilt or liability
witness is impeached by evidence of
inconsistent statements (laying the May be made by Can be made only
predicate) third persons and in by the party himself
certain and, in
Laying the predicate cases, are some instances, are
It means that it is the duty of a party trying admissible against admissible against
to impugn the testimony of a witness by a party his co-accused
means of prior or subsequent inconsistent
statements, whether oral or in writing, to Applies to both Applies only to
give the witness a chance to reconcile his criminal and civil criminal cases
conflicting declarations, such that it is only cases
when no reasonable explanation is given
May be express or Must be express Modes of excluding inadmissible evidence
tacit
1. Objection – when the evidence is
offered;
25. Testimonial Evidence; Hearsay rule; Objections may be waived because the
Exceptions to the hearsay rule; Part of right to object is merely a privilege which
the res gestae the party may waive (People v. Martin,
G.R. No. 172069, January 30, 2008).
Statements made by a person while a However, such waiver only extends to the
startling occurrences taking place or admissibility of the evidence. It does not
immediately prior or subsequent thereto involve an admission that the evidence
with respect to the circumstances thereof, possesses the weight attributed to it by
may be given in evidence as part of res the offering party (Riano, 2016).
gestae. So, also, statements
accompanying an equivocal act material to 2. Motion to strike out or expunge:
the issue, and giving it a legal
significance, may be received as part of a. When the witness answers prematurely
the res gestae. (Sec. 42, Rule 130) (2005, before there is reasonable opportunity for
2007 Bar) the adverse party to object, and such
objection is found to be meritorious;
26. Testimonial Evidence; Opinion rule;
Opinion of expert witness b. When the answers are incompetent,
irrelevant, or improper (Sec. 39, Rule
The opinion of a witness on a matter 132);
requiring special knowledge, skill, and
experience or training which he shown to c. When the witness becomes unavailable
possess may be received in evidence for cross-examination through no fault of
(Sec. 49, Rule 130). the cross-examining party;
The use of the word may, signifies that the d. When the answer is unresponsive;
use of opinion of expert witness is
permissive and not mandatory on the part e. When the testimony was allowed
of the courts. It only assists the court in conditionally and the condition for its
the determination of the issue before it, admissibility was not fulfilled(Riano,
and is forth court to adopt or not to adopt 2016);
depending on its appreciation of the
attendant facts and the applicable law f. When a witness has volunteered
(Taboo v. People, G.R. No. 187246, July statements in such a way that the party
20, 2011). has not been able to object thereto;
27. Testimonial Evidence; Offer and g. When a witness testifies without a

objection; Striking out of an answer question being addressed to him;

h. When a witness testifies beyond the
ruling of the court prescribing the limits b. Violations of rental law;
within which he may answer(Herrera,
1999); or c. Violations of municipal or city
ordinances;
i. Uncompleted testimonies where there is
no opportunity for the other party to cross- d. All other criminal cases where the
examination (Ibid.). penalty prescribed by law for the offense
charged is imprisonment not exceeding 6
A direct testimony given and allowed months or a fine not exceeding Php
without prior formal offer may not be 1,000.00, or both, irrespective of other
expunged from the record. When such imposable penalties, accessory or
testimony is allowed without any objection otherwise, or of the civil liability arising
from the adverse party, the latter is there from. Provided however, that in
estopped from questioning the non- offenses involving damage to property
compliance with the requirement. through criminal negligence, this Rule
shall govern where the imposable fine
IX. REVISED RULE ON SUMMARY does not exceed Php10, 000.00; and
PROCEDURE
e. Violation of BP 22 (Sec. 1, Revised
1. CASES COVERED BY THE RULE Rules on Summary Procedure).
1. Civil cases: 2. PROHIBITED PLEADINGS AND

MOTIONS
a. All cases of forcible entry and unlawful
detainer, irrespective of amount of Prohibited pleadings and motions in
damages or unpaid rentals sought to be both civil and criminal cases
recovered provided when attorney’s fees
are awarded, the same shall not exceed 1. Motion to dismiss the complaint or to
Php 20,000.00; and quash the complaint or information except
on the ground of lack of jurisdiction over
b. All other civil cases, except probate the subject matter, or failure to refer the
proceedings, where the total amount of case to the Luong Tagapamayapa incases
the plaintiff’s claim does not exceed Php covered by the Katarungang Pambarangay
100,000 (outside Metro Manila) or Php Law.
200,000 (in Metropolitan Manila) exclusive
of interest and costs (As amended by A.M. 2. Motion for a bill of particulars;
No. 02-11-09-SC effective November 12,
2002) 3. Motion for new trial, or for
reconsideration of judgment, or for
2. Criminal cases: opening of trial;
a. Violations of traffic laws, rules and 4. Petition for relief from judgment;
regulations;
5. Motion for extension of time to file Scope of the Rules for Small Claim
pleadings, affidavits or any other paper; Cases
6. Memoranda; The Rule governs the procedure in actions

for money claims before the MeTCs,
7. Petition for certiorari, mandamus, or MTCCs, MTCs and MCTCs where the
prohibition against any interlocutory order value of the claim does not exceed Php
issued by the court; 200,000.00,exclusive of interest and
costs.
8. Motion to declare the defendant in
default; NOTE: The amount for small claims is
jurisdictional.
9. Dilatory motions for postponement;
Cases covered by the Rule on Small
10. Reply; Claims
11. Third party complaints; 1. Those which are purely civil in nature
where the claim or relief prayed for by the
12. Interventions (Sec. 19, Ibid.). plaintiff is solely for payment or
reimbursement of sum of money;
3. EFFECT OF FAILURE TO ANSWER
2. The enforcement of a barangay
The court, motu proprio or on motion of amicable settlement or an arbitration
the plaintiff, shall render judgment as may award involving money claims covered by
be warranted by the facts alleged in the the Rule, pursuant to Sec. 417, LGC.
complaint and limited to what is prayed for
(Sec. 6,Ibid.). Claims or demands
NOTE: This is without prejudice to the a. For money owed under any of the
applicability of Sec. 4, Rule 18 of the following:
Rules of Court, stating that the
nonappearance of the party in a pre-trial 1. Contract of Lease;
may be excused invalid cause is shown or 2. Contract of Loan;
a representative authorized in writing 3. Contract of Services;
appears in his behalf (Ibid.) 4. Contract of Sale; or
5. Contract of Mortgage;
X. RULES OF PROCEDURE FOR SMALL
CLAIMS CASES (AM NO.08-8-7-SC) “for b. For liquidated damages arising from
purposes of 2018 bar contracts;
1. SCOPE AND APPLICABILITY OF THE c. The enforcement of a barangay

RULE amicable settlement or an arbitration
award involving a money claim covered by

this Rule pursuant to Sec. 417 of Republic XI. RULES OF PROCEDURE FOR
Act 7160 (Sec. 5, A.M. No. 08-8-7-SC) ENVIRONMENTAL CASES ( Amino. 09-6-
2. PROHIBITED PLEADINGS AND 8-SC)
MOTIONS
1. SCOPE AND APPLICABILITY OF THE
1. Motion to dismiss the complaint RULE
NOTE: the amended rules on small claim These Rules shall govern the procedure in
removed the exception on motion to civil, criminal and special civil actions
dismiss based on lack of jurisdiction. The before the Races, Mets, MTCCs, MTCs
grounds for the dismissal of the claim, and MCTCs involving enforcement or
under rule 16 of the rules of court, should violations of environmental and other
be pleaded (Sec. 11, A.M. No. 08-8-7-SC). related laws, rules and regulations.
2. Motion for a bill of particulars; 2. CIVIL PROCEDURE; PROHIBITION

AGAINST TEMPORARY RESTRAINING
3. Motion for new trial, or for ORDER AND PRELIMINARY
reconsideration of judgment, or for INJUNCTION
reopening of trial;
Only the SC can issue a TRO or writ of
4. Petition for relief from judgment; preliminary injunction against lawful
actions of government agencies that
5. Motion for extension of time to file enforce environmental laws or prevent
pleadings, affidavits, or any other paper; violations thereof(Sec. 10, Rule 2, AM No.
09-6-8-SC).
6. Memoranda;
NOTE: The judge shall report any action
7. Petition for certiorari, mandamus, or taken on a TEPO,EPO, TRO or a
prohibition against any interlocutory order preliminary injunction, including its
issued by the court; modification and dissolution within 10
days from the action taken to the SC,
8. Motion to declare the defendant in through the Office of the Court
default; Administrator (Sec. 11, Rule 2, AM No.
09-6-8-SC).
9. Dilatory motions for postponement;
3. CIVIL PROCEDURE; PRE-TRIAL
10. Reply; CONFERENCE; CONSENT DECREE
11. Third-party complaints; and Consent Decree
12. Interventions (Sec. 14, A.M. No. 08-8- It is a judicially-approved settlement

7-SC). between concerned parties based on
public interest and public policy to protect

and preserve the environment (Sec. 4(b), When motion for postponement, motion
Rule 1, AM No. 09-6-8-SC). for new trial or petition for relief from
judgment is allowed
NOTE: The judge may issue a consent
decree approving the agreement between It shall only be allowed in highly
the parties in accordance with law, morals, meritorious cases or to prevent
public order and public policy to protect miscarriage of justice (Annotation to the
the right of the people to a balanced and Rule of Procedure for Environmental
healthful ecology(Sec. 5, Rule 3, AM No. Cases).
09-6-8-SC).
Nature of consent decree 5. CIVIL PROCEDURE; TEMPORARY

ENVIRONMENTAL PROTECTION ORDER
A consent decree derives its contractual
nature from the fact of their being entered Issuance of a Temporary Environmental
into by the parties themselves through Protection order
which they arrive at a certain compromise
with respect to the issues involved in the If it appears from the verified complaint
case, whereas their judicial feature is with a prayer forth issuance of a TEPO
acquired through the approval of the court. that the matter is of extreme urgency and
the applicant will suffer grave injustice and
4. CIVIL PROCEDURE; PROHIBITED irreparable injury, the executive judge of
PLEADINGS AND MOTIONS the multiple-Sala court before raffle or the
presiding judge of a single-Sala court as
1. Motion to dismiss the complaint; the case maybe, may issue ex parte a
2. Motion for a bill of particulars; TEPO effective for only 72 hours from
3. Motion for extension of time to file date of the receipt of theTEPO by the
pleadings, except to file answer, the party or person enjoined (Sec. 8, Rule
extension not to exceed fifteen (15) days; 2,AMNo. 09-6-8-SC).
4. Motion to declare the defendant in
default; Dissolution of TEPO
5. Reply and rejoinder; and
6. Third party complaint (Sec. 2, Rule 2, The TEPO may be dissolved if it appears
AM No. 09-6-8-SC). after hearing that its issuance or
continuance would cause irreparable
NOTE: Petition for certiorari is permitted damage to the party or person enjoined
since it raises fundamentally questions of while the applicant may be fully
jurisdiction and the Supreme Court may compensated for such damages that may
not be deprived of its certiorari jurisdiction suffer and subject to the posting of a
under Article VIII, § 5(2) of the sufficient bond by the party or person
Constitution (Annotation to the Rule of enjoined (Ibid.).
Procedure for Environmental Cases).

6. CIVIL PROCEDURE; PERMANENT 8. SPECIAL PROCEEDINGS;
ENVIRONMENTAL PROTECTION PROHIBITED PLEADINGS AND
ORDER; WRIT OF MOTIONS
CONTINUINGMANDAMUS
1. Motion to dismiss
A writ of continuing mandamus is issued 2. Motion for extension of time to file a
by a court in an environmental case return
directing any agency or instrumentality of 3. Motion for postponement
the government or officer thereof to 4. Motion for a bill of particulars
perform an act or series of acts decreed 5. Counterclaim or cross-claim
by final judgment which shall remain 6. Third-party complaint
effective until judgment is fully satisfied 7. Reply
(Sec. 4 (c), Rule 1,AM No. 09-6-8-SC). 8. Motion to declare respondent in default
(Sec. 9,Ibid.).
Environmental Protection Order is an
order issued by the court directing or NOTE: A motion for intervention is not a
enjoining any person or government prohibited pleading since the magnitude of
agency to perform or desist from the environmental damage entails a large
performing an act in order to protect, number of parties that may avail of the
preserve or rehabilitate the environment writ of kalikasan (Annotation to the Rules
(Sec. 4 (d), Rule 1, A.M. No. 09-6-8-SC). of Procedure for Environmental Cases).
9. SPECIAL PROCEEDINGS; WRIT OF

7. SPECIAL PROCEEDINGS; WRIT OF CONTINUING MANDAMUS
KALIKASAN
It is a writ issued by a court in an
It is an extraordinary remedy which may environmental case directing any agency
be issued depending on the magnitude of or instrumentality of the government or
environmental damage. The environmental officer thereof to perform an act or series
damage must be on which prejudices the of acts decreed by final judgment which
life, health or property of inhabitant in two shall remain effective until judgment is
or more cities or provinces, or that which fully satisfied (Sec. 4 (c), Rule1,AM No.
transcends political and territorial 09-6-8-SC).
boundaries. (Sec. 1, Rule 7, A.M. No. 09-
6-8-SC) Where to file the petition
Court which has jurisdiction 1. RTC which has territorial jurisdiction

over the unlawful act or omission;
The verified petition should be filed with 2. CA; or
the SC or with the CA (Sec. 3, Rule 7, 3. SC (Sec. 2, Ibid.).
A.M. No. 09-6-8-SC).
10. Criminal Procedure; Who may file

Any offended party, peace officer or any the criminal action. (Sec. 1, Rule10, AM
public officer charged with the No. 09-6-8-SC)
enforcement of an environmental law(Sec.
1, Rule 9, AM No. 09-6-8-SC). NOTE: This right may be waived by the
complainant(Ibid.).
When there is no private offended party
When reservation should be made
In criminal cases, where there is no
private offended party, a counsel whose During arraignment except when the civil
services are offered by any person or action has been instituted prior to the
organization may be allowed by the court criminal action (Ibid.).
as special prosecutor, with the consent of
and subject to the control and supervision 12. Evidence; Precautionary principle
of the public prosecutor (Sec. 3, Rule 9,
AM No. 09-6-8-SC). The court in upholding the constitutional
right of the people to a balanced and
11. Criminal Procedure; Institution of healthful ecology shall give the evidence
criminal and civil action presented the benefit of the doubt even
when there is a lack of full scientific
1. Complainant can institute civil action for certainty in establishing a causal link
recovery of damages before the criminal between human activity and the
action. environmental effect (Sec. 1, Rule 20, AM
No. 09-6-8-SC).
2. Complainant can reserve right to
separately institute the civil action from
“ATTACHED TABLE”
DISTINGUISH WRIT OF HABEAS CORPUS FROM WRIT OF AMPARO, HABEAS DATA AND
KALIKASAN
HABEAS AMPARO HABEAS DATA KALIKASAN

CORPUS
Literal You have the To protect You have the data Mother nature
Interpretation body

description Writ directed to Remedy available Remedy available to any Special remedy
the person to any person person whose right to Available to a
detaining whose right to life, privacy in life, liberty or natural or juridical
another, liberty, and security is violated or person, entity
commanding security is threatened by an unlawful authorized by law,
him to produce violated act or omission of a public people’s
the body of the or threatened with official or employee, or of a organization,
prisoner ate violation by an private individual non-governmental
designated unlawful act or or entity engaged in the organization, or
time and place, omission of a gathering, any public interest
with the day public official or Collecting, or storing of data group accredited
and cause of employee, or of a or information regarding the by or registered
his capture and private individual person, family, home and with any
detention, to Or entity. correspondence of the government
do, aggrieved party. agency, on behalf
Submit to, and of persons whose
receive constitutional right
whatsoever the to a balanced and
court or judge healthful ecology
awarding the is violated, or
writ shall threatened with
consider in that violation by an
behalf. unlawful act or
omission of a
public official or
employee, or
private individual
or entity, involving
environmental
damage of such
magnitude as to
prejudice the life,
Health or property
of inhabitants in
two or more cities
or provinces.
Order of To direct the To direct the To order the disclosure or To order the
Remedy person public officers destruction of data relating protection of the
detaining involved to to the right to life, liberty or constitutional right
another to conduct an security toe balanced and
produce the investigation as to Of a person. healthful ecology
body of the the whereabouts and restrain
person being and legality of the further acts that
detained and Detention of a cause
show the cause missing person. environmental
of detention. damage of such a
magnitude that
prejudices the
right to life, health
or property of
inhabitants in two
or more cities or
Provinces.
Coverage Involves the Involves the right It protects the image, Constitutional
right to liberty to life, liberty, and privacy, honor, information, right toe balanced
of and rightful security of the self-determination and healthful
custody by the Aggrieved party And freedom of ecology.
aggrieved and covers information of a
party. extralegal killings Person.
and enforced
disappearances.
Where to file RTC or any RTC of the place RTC where the petitioner or In SC or any
judge where the threat, respondent resides, or that stations of the CA.
thereof, CA or act or omission which has
any was committed or jurisdiction over the place
member any of its where the data or
thereof in elements information is
instances occurred; Sober gathered, collected or
authorized by any justice stored, at the option of the
law; thereof; CA or petitioner; or with
Sandiganbayan any justice SC, CA or SB when the
in aid of its thereof; SC or action concerns public
appellate any justice data files or government
Jurisdiction, or thereof. offices.
SC or any
member
thereof.
Who may file 1. Party for In the following 1. Any aggrieved A natural or
petition whose order: party; juridical person,
relief it is entity authorized
intended; or 1. Any member of 2. However, in cases of by law, people’s
the immediate extralegal organization, on-
2. Any person family; killings and enforced governmental
on his behalf disappearances: Organization, or
2. Any ascendant, any public interest
descendant, or a. Any member group accredited
collateral relative of the immediate by or registered
of the aggrieved family Any ascendant, with any
party within theft descendant, or collateral government
civil degree of relative of the aggrieved agency.
consanguinity or party within the 4th civil
affinity; degree of
consanguinity or affinity
3. Any concerned
citizen,
organization,
association or
institution
Respondent May or may not Public official or Public official or Public official or
be an officer. Employee or a employee or a private employee, private
private individual individual or entity engaged Individual or
or entity. in the gathering, collecting entity.
or
storing of data or
information regarding the
person, family,
home and
Correspondence of the
aggrieved party.
Enforceabilit If granted by Enforceable Enforceable anywhere Enforceable

y of the writ SC or CA: anywhere in the in the Philippines anywhere
Philippines in the Philippines
enforceable regardless of who
anywhere issued the same
In the
Philippines;
If granted by
RTC:
enforceable
only
within the
judicial
district
When to file On the day Within 5 working The respondent shall file a Within non-
return specified in days after service verified written return extendible period
the writ of the writ, the together with of 10 days after
respondent shall supporting affidavits The service of
file a verified within 5 working days from writ.
written return service of the writ, which
Together with period maybe reasonably
supporting Extended by the Court for
affidavits. justifiable reasons.
Period of Within 48 hours 5 working days 5 working days from the Within 15 days
appeal from notice of from the date of date of notice of the from the date of
the judgment or notice of the judgment or final notice of the
final order adverse order. adverse judgment
appealed judgment. or denial of
From. motion for
reconsideration.
Prohibited None 1. Motion to 1. Motion to dismiss;

pleadings dismiss;
2. Motion for
2. Motion for extension of time
extension of time to file return;
to file opposition,
affidavit, position 3. Motion for
paper and other postponement;
pleadings;
4. Motion for a bill of
NOTE: In writ of particulars;
Amparo, a motion
for extension of 5. Counterclaim or
time toile the cross-claim;
return is no longer
a prohibited 6. Third-party
pleading, as it complaint;
may be granted
by the court on 7. Reply; and
highly meritorious
cases. 8. Motion to declare
respondent in
3. Dilatory motion Default.
For
postponement;
4. Motion for a bill
of particulars;
5. Counterclaim
or
cross - claim;
6. Third - party
complaint;
7. Reply;
8. Motion to
declare
respondent in
default;
9. Intervention;
10 Memorandum;
11. Motion for

reconsideration of
interlocutory
orders or interim
relief orders; and
Petition for
certiorari,
mandamus or
prohibition
against
any interlocutory
Order.


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PCU Bar Operations 2018

REMEDIAL LAW PRE-WEEK NOTES

PHILIPPINE CHRISTIAN UNIVERSITY

SUBJECT HEAD: JACOB BALLOS

ACADS HEAD: MALYN GONZALES

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Rule-making Power of the Supreme Court

Limitations on the rule-making power of the How is jurisdiction determined?

Jurisdiction over the subject matter is conferred

JURISDICTION OF PHILIPPINE COURTS

REGIONAL TRIAL COURT MeTC, MTC, MCTC, MuTC

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III. CIVIL PROCEDURE What is the effect of a stipulation on venue

PARTIES TO CIVIL ACTIONS PLEADINGS

Is Misjoinder or Non-joinder of parties a General Rule: As a rule, a party who desires to

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The counterclaim may proceed independent of What actions prohibit a declaration of

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a. With leave if court as against a MOTION TO DISMISS

What are the remedies of the defendant if the PRE-TRIAL

Philippine Christian University College of Law _9 | P a g e

Based on the pleadings, Based on the complaint and

10-day notice required 3-day notice required 3-day notice required

- Filling of a motion for summary judgment Motion for RECONSIDERATION

Motion for NEW TRIAL Record of appeal

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Philippine Christian University College of Law _11 | P a g e

personal service of summons on the

A. ATTACHMENT: HOW TO PREVENT THE

1. To seize the property of the debtor in 2. BY GIVING A COUNTERBORD

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PRELIMINARY MANDATORY IN WHAT CASES RECEIVER MAY BE

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C. QUO WARRANTO- It is the remedy of

E. JUDICIAL AND EXTRAJUDICIAL FORECLOSURE

JUDICIAL FORECLOSURE EXTRAJUDICIAL FORECLOSURE

-Governed by Rule 68 -Governed by Act 3135

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Governed by Rule 68 Governed by Rule 39, Sections 29-31

F. PARTITION – The process of dividing

G. FORCIBLE ENTRY AND UNLAWFUL DETAINER

FORCIBLE ENTRY UNLAWFUL DETAINER

No requirement of previous demand for Demand is jurisdictional

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THREE KINDS OF ACTIONS FOR RECOVERY OF POSSESSION

ACCION INTERDICTAL ACCION PUBLICIANA ACCION REIVINDICATORIA

DIRECT CONTEMPT INDIRECT CONTEMPT

Certiorari/prohibition suspends execution Immediately executory unless a bond is filed

VI. SPECIAL PROCEEDINGS

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 MTC (estate does not exceed Php300, 000 outside

 If the gross value of the estate exceeds the action

EXTRAJUDICIAL SETTLEMENT BY AGREEMENT

The fact of the extrajudicial settlement or administration shall be

Philippine Christian University College of Law _18 | P a g e

(2) Extrajudicial partition of the estate shall be valid when the

(a) The decedent left no will;

(d) The partition was made by means of a public instrument or

(e) The fact of the extrajudicial settlement or administration shall

NATURE OF PROBATE PROCEEDING

Probate of a will is a proceeding in rem. It cannot be dispensed with