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REMEDIAL LAW

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REMEDIAL LAW Pre-Week Notes Civil Procedure


What is Jurisdiction by Estoppel? General Rule: Estoppel does not apply to confer jurisdiction to a tribunal that has none over a cause of action. Jurisdiction is conferred by law. Where there is none, no agreement of the parties can provide one. Settled is the rule that the decision of a tribunal not vested with appropriate jurisdiction is null and void. [SEAFDEC-AQD v. NLRC (1992)] Exception : Participation in all stages of the case before the trial court, that included invoking its authority in asking for affirmative relief, effectively barred petitioner by estoppel from challenging the courts jurisdiction. [Soliven v. Fastforms (2004)] What are the cases covered by the rules on summary procedure? Forcible entry and unlawful detainer cases and All other claims where the total claim does not exceed P100,000 (outside Metro Manila), or does not exceed P200,000 (Metro Manila), exclusive of interests and costs. Probate proceedings are NOT covered by the rule on summary procedure even if the gross value of the estate does not exceed P100,000 or P200,000. [1991 Revised Rules on Summary Procedure as amended by A.M. 02-11-09-SC, effective November 25, 2002] What is the jurisdiction of the Regional Trial Courts? Tip: Note jurisdictional amounts. Note also if the theoretical problem happened in Metro Manila or otherwise. From these RTC jurisdictions, one can deduce MTC jurisdiction. I. EXCLUSIVE ORIGINAL JURISDICTION IN CIVIL CASES [SEC. 19, BP 129, ASKED IN THE 2002 BAR EXAMINATIONS) 1. Incapable of pecuniary estimation; If the action is primarily for the recovery of a sum of money, the claim is considered capable of pecuniary estimation, and jurisdiction over the action will depend on the amount of the claim. [RCPI v. CA (2002)] If the basic issue is something other than the right to recover a sum of money, if the money claim is purely incidental to, or a consequence of, the principal relief sought, the action is one where the subject of the litigation may not be estimated in terms of money. [Soliven v. Fastforms (1992)] Examples: 1) If the thing sought to be deposited or consigned is a sum of money, the amount of the debt due is determinable and capable of pecuniary estimation. [Ascue v. CA (1991)] 2) Action for support is incapable of pecuniary estimation because the court is asked to determine first WON the plaintiff is indeed entitled to support. [Baito v. Sarmiento (1960)] 3) Action for specific performance is incapable of pecuniary estimation. [Manufacturers Distributors v. Yu Siu Liong (1966)] 4) The jurisdiction of the respective courts is determined by the value of the demand and not the value of the transaction out of which the demand arose. The alternative prayer for specific performance is also of the same value, for the alternative prayer would not have been made in the complaint if one was more valuable than the other.[Cruz v. Tan (1950)] 5) Rescission is a counterpart of specific performance therefore also incapable of pecuniary estimation. [Lapitan v. Scandia (1968)] 6) Action for declaration of nullity of a deed of partition is incapable of pecuniary estimation. [Russel v. Vestil (1999)] 7) An action for expropriation is incapable of pecuniary estimation. [Bardillon v. Masili (2003)] 2. Title to, or possession of, real property (or any interest therein) where the propertys assessed value exceeds P20K or P50K (for civil actions in Metro Manila); Exception: Forcible entry into and unlawful detainer of lands/buildings 3. Admiralty and maritime jurisdiction where the demand/claim exceeds P300K or P400K (in Metro Manila); Note: Maritime and admiralty cases involve trade and transactions in the sea. Maritime jurisdiction includes maritime tort. [Negre v. Cabahug (1966)]

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Probate (testate and intestate) where the gross value of the estate exceeds P300K or P400K (in Metro Manila); Marriage contract and marital relations;

5. II.

GENERAL ORIGINAL JURISDICTION 1. All cases not within the exclusive jurisdiction of any court/tribunal/person/body exercising judicial or quasijudicial functions; Within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court and of the Court of Agrarian Relations; All other cases where the demand (exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses and costs) or the value of the property in controversy exceeds P300K or P400K in Metro Manila. The exclusion of the term damages of whatever kind in determining the jurisdictional amount under Sec. 19(8) and Sec. 33 (1) of BP 129, as amended by RA7691, applies to cases where the damages are merely incidental to or a consequence of the main cause of action. However, if the claim for damages is the main cause of action, or one of the causes of action, the amount of such claim shall be considered in determining the jurisdiction of the court. [Admin Circ. 09-94] Actions for damages based on quasi-delicts are primarily and effectively actions for the recovery of a sum of money for the damages suffered because of the defendants alleged tortious acts. This money claim is the principal relief sought, and is not merely incidental thereto or a consequence thereof. [Iniego v. Purganan (2006)]

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III. ORIGINAL JURISDICTION [SEC. 21, BP 129] 1. Certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction which may be enforced in any part of their respective regions; Actions affecting ambassadors and other public ministers and consuls.

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IV. APPELLATE JURISDICTION [SEC. 22, BP 129] All cases decided by MeTCs/MTCs/MCTCs in their respective territorial jurisdictions. Metropolitan, Municipal and Municipal Circuit Trial Courts What are key concepts for Katarungang Pambarangay? Tip: Note the exceptions 1. Purpose: To reduce the number of court litigations and prevent the deterioration of the quality of justice which has been brought about by the indiscriminate filing of cases in the courts. [Lumbuan v. Republic (2006)] General rule: Authority to bring together the parties actually residing in the same city or municipality for amicable settlement of all disputes. [Sec. 408, RA 7160] Exceptions: a. If one party is the government; b. If one party is a public officer/EE and the dispute relates to the performance of his official functions; c. Offenses punishable by imprisonment exceeding 1 year or a fine exceeding P5K; d. Offenses with no private offended party; e. Real properties located in different cities/municipalities; Exception to exception: Parties agree to submit their differences to amicable settlement by an appropriate lupon. f. Parties who actually reside in barangays of different cities/municipalities; Exception to exception: If such barangay units adjoin each other and the parties agree to submit their differences to amicable settlement by an appropriate lupon. g. Such disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice.

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Venue [Sec. 409, RA 7160] Nature of Dispute Disputes between persons actually residing in the same barangay

Venue Their barangay

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Nature of Dispute Disputes between actual residents of different barangays within the same city/municipality Disputes on real property (or any interest therein) Disputes arising at the workplace or at the institution where the parties are enrolled 5.

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Venue Barangay where the respondent (or any of the respondents) actually resides, at the complainant's election Barangay where the real property (or the larger portion thereof) is situated Barangay where the workplace or institution is located

Procedure For Amicable Settlement [Sec. 410, Ra 7160] 1) 2) 3) 4) 5) 6) 7) Any individual who has a cause of action against another individual may complain (orally or in writing) to the barangays lupon chairperson. Within the next working day, the lupon chairperson shall summon the respondents, with notice to the complainants, for them and their witnesses to appear before him for mediation. If the mediation effort fails within 15 days from the 1st meeting, he shall set a date for the constitution of the pangkat. While the dispute is under mediation, the prescriptive periods for offenses and causes of action shall be interrupted upon filing the complaint with the punong barangay. Such interruption shall not exceed 60 days from the filing of the complaint with the punong barangay. The prescriptive periods shall resume upon receipt by the complainant of the complaint or the certificate of repudiation or of the certification to file action issued by the lupon or pangkat secretary. The pangkat shall arrive at a settlement/resolution of the dispute within 15 days from the day it convenes, extendible for another period which shall not exceed 15 days, except in clearly meritorious cases.

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Effect [Sec. 416 and 418, RA 7160] General rule: Same as a courts final judgment, upon the expiration of 10 days from the date thereof. Exception: If the settlement was repudiated: o By any party, within 10 days from the date of the settlement; o By filing with the lupon chairperson a statement to that effect, sworn to before him; o Where the consent is vitiated by fraud/violence/intimidation; o Where there is sufficient basis for the issuance of the certification for filing a complaint. If a petition to nullify the award was filed before the proper city/municipal court. Execution [Sec. 417, RA 7160] By the lupon, within 6 months from the date of the settlement. After the lapse of the 6 months, by action in the appropriate city/municipal court

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Note: In the 2006 Bar Exams, questions were asked on the following: (1) jurisdiction of the Court of Tax Appeals En Banc in comparison with the Court of Tax Appeals Division, (2) the jurisdiction of the Ombudsman, and (3) cases handled by the Office of the Solicitor General. These areas are discussed in the proper subjects to which they belong, namely Taxation and Political Law. Note: In the 1999 Bar Examination, a question was asked on the distinctions between conciliation proceedings in the Katarungang Pambarangay and the Pre-trial Conference. What is the Totality Rule with regard to jurisdiction? Tip: Remember this rule when asked about jurisdiction Where there are several claims or causes of actions between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the causes of action, irrespective of whether the causes of action arose out of the same or different transaction [Riano citing Pantranco North Express v Standard Insurance (2005)]

What is a CLASS SUIT? Rule 3, Sec. 12 Requisites 1) Subject matter of the controversy is one of common/general interest to many persons; 2) The persons are so numerous that it is impracticable to join them all as parties (i.e. impracticable to bring them all before the court); 3) Parties bringing the class suit are sufficiently numerous and representative of the class and can fully protect the interests of all concerned; 4) The representative sues or defends for the benefit of all. If a class suit is improperly brought, the action is subject to dismissal regardless of the cause of action [Rule 16, Sec 1 (d)].

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A taxpayer's suit or a stockholder's derivative suit is in the nature of a class suit, although subject to the other requisites of the corresponding governing law especially on the issue of locus standi. [Regalado] In a class suit, any party in interest shall have the right to intervene to protect his individual interest. Permissive Joinder of Parties There are multiple causes of action separately belonging to several persons.

Class Suit There is a single cause of action pertaining to numerous persons. How do you define VENUE?

VENUE Place of trial or geographical location in which an action/proceeding should be brought. [Manila Railroad Company v Attorney General (1912)] Distinctions between Venue and Jurisdiction (Asked in the 2006 and 2008 Bar Exams) Place where the action is instituted Power of the court to hear and decide a case May be waived Jurisdiction over the subject matter and over the nature of the action is conferred by law and cannot-be waived Procedural Substantive May be changed by the written agreement of the parties Cannot be the subject of the agreement of the parties What is a NEGATIVE PREGNANT? Denial pregnant with an admission. It is a denial pregnant with the admission of the substantial facts in the pleading responded to which are not squarely denied. It is in effect an admission of the averment it is directed to. [Philamgen v. Sweet Lines (1993)]

EFFECT OF FAILURE TO REPLY (ASKED IN THE 2000 BAR EXAM) General rule: Filing a reply is merely optional.New facts that were alleged in the answer are deemed controverted should a party fail to reply thereto. Exception: Reply is required: o Where the answer is based on an actionable document. [Rule 8, Sec. 8] o Where the answer alleges the defense of usury. [Rule 8, Sec. 11] WHAT PLEADINGS ARE ALLOWED IN SMALL CLAIMS CASES AND CASES COVERED BY THE RULES ON SUMMARY PROCEDURE? Under the Revised Rules on Summary Procedure the only pleadings allowed to be filed are: o Complaints; o compulsory counterclaims and cross-claims' pleaded in the answer; and o the answers thereto. [Sec. 3] Prohibited pleadings, motions or petitions: o Motion to dismiss the complaint or to quash the complaint or information except on the ground of lack of jurisdiction over the subject matter, or failure to comply with required barangay conciliation proceedings; o Motion for a bill of particulars; o Motion for new trial, or for reconsideration of a judgment, or for opening of trial; o Petition for relief from judgment; o Motion for extension of time to file pleadings, affidavits or any other paper; o Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court; o Motion to declare the defendant in default; o Dilatory motions for postponement; o Reply; o Third party complaints; and o Interventions. [Sec. 19] Forms used under the Rule of Procedure under Small Claims Cases: o Instead of filing complaint a Statement of Claim using Form 1-SCC shall be filed [Sec. 5] o Answer shall be filed by way of a Response using Form 3-SCC [Sec. 10] o Defendant may file counterclaim if he possesses a claim against the plaintiff that (a) is within the coverage of this Rule, exclusive of interest and costs; (b) arises out of the same transaction or event that is the subject matter of the plaintiffs claim; (c) does not require for its adjudication the joinder of third parties; and (d) is not the subject of another pending action, the claim shall be filed as a counterclaim in the Response; otherwise, the defendant shall be barred from suit on the counterclaim.

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The defendant may also elect to file a counterclaim against the plaintiff that does not arise out of the same transaction or occurrence, provided that the amount and nature thereof are within the coverage of this Rule and the prescribed docket and other legal fees are paid. Note: Courts decision shall be contained in Form 13-SCC Prohibited Pleadings and Motions: o Motion to dismiss the complaint except on the ground of lack of jurisdiction; o Motion for a bill of particulars; o Motion for new trial, or for reconsideration of a judgment, or for reopening of trial; o Petition for relief from judgment; o Motion for extension of time to file pleadings, affidavits, or any other paper; o Memoranda; o Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court; o Motion to declare the defendant in default; o Dilatory motions for postponement; o Reply; o Third-party complaints; and o Interventions.

How do you plead AN ACTIONABLE DOCUMENT? Actionable document - A document which is really the basis of the cause of action (or defense), and not merely evidentiary thereof. [Rule 8, Sec 7] Genuineness and due execution of an actionable instrument shall be deemed admitted unless the adverse party, under oath, specifically denies them, and sets forth what he claims to be the facts. [Rule 8, Sec. 8] Exception to the requirement of an oath: o when the adverse party does not appear to be a party to the instrument. [Donato v. CA (1993)] How an action or defense may be based on a document: a. By copying a substantial portion of the document into the pleading; b. By annexing /incorporating the document into the pleading; c. By both copying and annexing document into the pleading.

What are the THREE WAYS OF MAKING SPECIFIC DENIALS? 1. SPECIFIC ABSOLUTE DENIAL By specifically denying the averment and, whenever practicable, setting forth the substance of the matters relied upon for such denial. 2. PARTIAL SPECIFIC DENIAL Part admission and part denial; DISAVOWAL OF KNOWLEDGE By an allegation of lack of knowledge or information sufficient to form a belief as to the truth of the averment in the opposing party's pleading. This does not apply where the fact as to which want of knowledge is asserted is, to the knowledge of the court, so plain and necessarily within the defendant's knowledge that his averment of ignorance must be palpably untrue.

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General rule: Allegations not specifically denied are deemed admitted [Rule 8, Sec. 11] Exceptions: o Allegations as to the amount of unliquidated damages; o Allegations immaterial to the cause of action; o Allegations of merely evidentiary or immaterial facts may be expunged from the pleading or may be stricken out on motion. [Rule 8, Sec. 12] o Conclusion of law. KINDS OF DENIAL: a. SPECIFIC DENIAL Specifies each material allegation of fact the truth of which he does not admit, and sets forth the substance of the matters upon which he relies to support his denial.[Rule 8, Sec10] b. DENIAL WITH QUALIFICATION - Specifies so much of it as is true and material, and deny the remainder. c. SPECIFIC DENIAL FOR LACK OF KNOWLEDGE/INFORMATION sufficient to form as belief as to the truth of a material averment made in the complaint. d. SPECIFIC DENIAL UNDER OATH - Contests the authenticity or due execution of an actionable document. [Rule 8, Sec 8].

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When is MOTION DAY?

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Rule 15, Sec. 7 Except for urgent motions, motions are scheduled for hearing: 1) On Friday afternoons; 2) Afternoon of the next working day, if Friday is a non-working day. What are the PERIODS for the FILING of PLEADINGS? Answer to the complaint - The defendant shall file his answer to the complaint o within fifteen (l5) days after service of summons, unless a different period is fixed by the court. [Rule 11.1] o within thirty (30) days after receipt of summons of the foreign entity where the defendant is a foreign private juridical entity and service of summons is made on the government official designated by law to receive the same, the answer shall be filed [Rule 11.2] Answer to amended complaint - Where the plaintiff files an amended complaint as a matter of right, the defendant shall answer the same within fifteen (l5) days after being served with a copy thereof. Where its filing is not a matter of right, the defendant shall answer the amended complaint within ten (10) days from notice of the order admitting the same. An answer earlier filed may serve as the answer to the amended complaint if no new answer is filed. Note that this Rule shall apply to the answer to an amended counterclaim, amended cross-claim, amended third (fourth, etc.) party complaint, and amended complaint-in-intervention.[Rule 11.3] Answer to counterclaim or cross-claim - A counterclaim or cross-claim must be answered within ten (l0) days from service. [Rule 11.4] Answer to third (fourth, etc.)- party complaint - Same rule as the answer to the complaint. [Rule 11.5] Reply - within ten (10) days from service of the pleading responded to. [Rule 11.6] Answer to supplemental complaint - within ten (10) days from notice of the order admitting the same, unless a different period is fixed by the court. Note that the answer to the complaint shall serve as the answer to the supplemental complaint if no new or supplemental answer is filed. NOTE: Upon motion and on such terms as may be just, the court may extend the time to plead provided in these Rules. The court may also, upon like terms, allow an answer or other pleading to be filed after the time fixed by these Rules. [Rule 11.11] What are the PERIODS FOR APPEALS? Period to Appeal MTC to By notice of appeal - 15 days from RTC notice of the judgment or final order By record of appeal 30 days from notice of the judgment or final order By notice of appeal - 15 days from RTC to CA notice of the judgment or final order By record of appeal 30 days from notice of the judgment or final order 15 days from notice of the judgment or final order OR from denial of MR or MTC to MNT RTC to CA 15 days from notice of the award, judgment, final order or resolution or from date of last publication if required by law OR from denial of MR or MNT 15 days from notice of judgment or final order OR from denial of petitioners MR or MNT.

Extensions No extensions allowed

Effect of MR or MNT Interrupts the period to appeal

No extensions allowed

Interrupts the period to appeal

QJA to CA

RTC to SC RTC to CA to SC CA to SC

The CA may grant a 15 day extension. No further extension shall be granted except for the most compelling reasons and in no case longer then 15 days. The CA may grant a 15 day extension. No further extension shall be granted except for the most compelling reasons and in no case longer then 15 days. The SC may grant a 30 day extension for justifiable reasons.

Fresh period to appeal from denial MR or MNT

Fresh period to appeal from denial MR or MNT

Fresh period to appeal from denial MR or MNT

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What is a PRELIMINARY PREVENTIVE INJUNCTION? Tip: Note exceptions, when preventive injunction does not lie Prohibits the performance of a particular act or acts When preventive injunction does not lie: 1. To restrain collection of taxes (Valley Trading vs CA), except where there are special circumstances that bear the existence of irreparable injury. (Churchill & Tait vs Rafferty, 1915) 2. To restrain the sale of conjugal properties where the claim can be annotated on the title as a lien, such as the husbands obligation to give support. (Saavedra vs Estrada, 1931) 3. To restrain a mayor proclaimed as duly elected from assuming his office. (Cereno vs Dictado, 1988) 4. To restrain registered owners of the property from selling, disposing and encumbering their property just because the respondents had executed Deeds of Assignment in favor of petitioner. (Tayag vs. Lacson, 2004) 5. Against consummated acts. (PNB vs Adi; Rivera v. Florendo, 1986; Ramos, Sr. v. CA, 1989; Zabal vs CA) o EXCEPTION: If the act is of continuing nature and in derogation of plaintiffs right at the outset. 6. Against disposing of the case on the merits (Ortigas and Company Limited Partnership vs CA, 1988) 7. To stop the execution of judgment where the judgment was already executed. (Meneses vs Dinglasan) 8. But where the lower court enforced its judgment before a party against whom the execution was enforced could elevate her appeal in an injunction suit, which was instituted to prevent said execution, an independent petition for injunction in the Court of Appeals is justified. (Manila Surety and Fidelity vs Teodoro, 1967) 9. The CFI has no power to issue a writ of injunction against the Register of Deeds if its effect is to render nugatory a writ of execution issued by the National Labor Relations Commission. (Ambrosio vs Salvador, 1978) 10. Transfer of possession of property to party with disputed legal title via preliminary injunction EXCEPTIONS: a) Forcible entry and unlawful detainer cases in which the court may issue preliminary mandatory injunction [Rule 70.15] b) Property covered by Torrens Title when there is a clear finding of ownership and possession of the land. (GSIS vs Florendo)

Other instances where writ is not available: Sec. 3, RA 8975 states: No court, except the Supreme Court, shall issue any TRO, preliminary injunction or preliminary mandatory injunction against the government, or any of its subdivisions, officials or any person or entity, whether public or private acting under the government direction, to restrain, prohibit or compel the following acts: o Acquisition, clearance and development of the right-of-way and/or site or location of any national government project; o Bidding or awarding of contract/ project of the national government as defined under Section 2 hereof; o Commencement prosecution, execution, implementation, operation of any such contract or project; o Termination or rescission of any such contract/project; andThe undertaking or authorization of any other lawful activity necessary for such contract/project. Nota Bene: This prohibition shall apply in all cases, disputes or controversies instituted by a private party, including but not limited to cases filed by bidders or those claiming to have rights through such bidders involving such contract/project. This prohibition shall NOT APPLY when the matter is of extreme urgency involving a constitutional issue, such that unless a temporary restraining order is issued, grave injustice and irreparable injury will arise. The applicant shall file a bond, in an amount to be fixed by the court, which bond shall accrue in favor of the government if the court should finally decide that the applicant was not entitled to the relief sought. Sec. 78, RA 9136 states that the implementation of the provisions of the Electric Power Industry Reform Act of 2001 shall not be restrained or enjoined except by an order issued by the Supreme Court. Sec. 1, PD 605 states that no court of the Philippines shall have jurisdiction to issue any restraining order, preliminary injunction or preliminary mandatory injunction in any case involving or growing out of the issuance, approval or disapproval, revocation or suspension of, or any action whatsoever by the proper administrative official or body on concessions, licenses, permits, patents, or public grants of any kind in connection with the disposition, exploitation, utilization, exploration, and/or development of the natural resources of the Philippines. Sec. 2, PD 385 states that no restraining order, temporary or permanent injunction shall be issued by the court against any government financial institution in any action taken by such institution in compliance with the mandatory foreclosure whether such restraining order, temporary or permanent injunction is sought by the borrower(s) or any third party or parties, except after due hearing in which it is established by the borrower and

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admitted by the government financial institution concerned that twenty percent (20%) of the outstanding arrearages has been paid after the filing of foreclosure proceedings.

RIGHT OF ACTION v CAUSE OF ACTION [Regalado] Right of action The remedial right or right to relief granted by law to a party to institute an action against a person who has committed a delict or wrong against him Right to sue as a consequence of the delict Whether such acts give him right of action is determined by substantive law

Cause of action The delict or wrongful act or omission committed by the defendant in violation of the primary rights of the plaintiff The delict or wrong Determined by the averments in the pleading regarding the acts committed by the defendant

NOTE: There can be no right of action without a cause of action being first established [Regalado citing Espaol v. The Chairman of PVA (1985)]

KINDS OF PARTIES IN INTEREST Indispensable parties [Rule 3, Sec. 7] Must be joined under any and all conditions, his presence being a sine qua non for the exercise of judicial power No valid judgment if indispensable party is not joined.

Necessary parties [Rule 3, Sec. 8] Should be joined whenever possible; the action can proceed even in their absence The case may be determined in court but the judgment therein will not resolve the entire controversy if a necessary party is not joined They are those whose presence is necessary to adjudicate the whole controversy but whose interests are so far separable that a final decree can be made in their absence without affecting them.

They are those with such an interest in the controversy that a final decree would necessarily affect their rights so that the court cannot proceed without their presence.

Rule 3, Sec. 2 requires that an action must be brought in the name of, but not necessarily by, the real party in interest. In fact, the practice is for an attorney-in-fact to bring an action. [Tuason v. Bolanos]

CLASS SUIT v. DERIVATIVE SUIT CLASS SUIT AND DERIVATIVE SUIT, COMPARED CLASS SUIT DERIVATIVE SUIT When the subject matter of the controversy is one of An action brought by minority shareholders in the common or general interest to many persons, and the name of the corporation to redress wrongs parties are so numerous that it is impracticable to bring committed against it, for which the directors refuse them all before the court, one or more may sue or defend to sue. for the benefit of all. (Rule 3.12) It is a remedy designed by equity and has been the principal defense of the minority shareholders against abuses by the majority. In a derivative action, the real party in interest is the corporation itself, not the shareholders who actually instituted it (Lim vs. Lim Yu 2001)

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SUMMARY JUDGMENT v. JUDGMENT ON PLEADINGS v. JUDGMENT BY DEFAULT Tip: Note notice rule/ periods. Summary judgment Judgment on the pleadings Judgment by default Based on the pleadings, Based solely upon the pleadings Based on the complaint and evidence, depositions, admissions and if court requires its presentation affidavits There is no genuine issue between The answer fails to tender an issue No issues as no answer is filed by the the parties or there is an admission of the defending party material allegations Available to both plaintiff and Generally available only to the Available to the plaintiff alone defendant plaintiff, unless the defendant presents a counterclaim 10-day notice required May be interlocutory or on the merits Usually available in actions to recover a debt, or for a liquidated sum of money, or for declaratory relief 3-day notice required On the merits Available in any action, except annulment of marriage or legal separation cases 3-day notice rule applies On the merits Available in any action, except annulment of marriage or legal separation cases

DISTINCTIONS BETWEEN CERTIORARI UNDER RULE 64 AND CERTIORARI IN RULE 65 Rule 64 Rule 65 Directed only to the judgments, final orders or Directed to any tribunal, board, or officer exercising judicial resolutions of COMELEC and COA or quasi-judicial functions Filed within 30 days from notice of the judgment Filed within 60 days from notice of the judgment The filing of a MR or a Motion for New Trial if allowed, The period within which to file the petition if the MR or new interrupts the period for the filing of the petition for trial is denied, is 60 days from notice of the denial of the certiorari. If the motion is denied, the aggrieved party motion. may file the petition within the remaining period, but which shall not be less than 5 days reckoned from the notice of denial. NON-COMPLIANCE WITH VERIFICATION REQUIREMENT v. NON-COMPLIANCE WITH CERTIFICATION AGAINST FORUM SHOPPING REQUIREMENT [NORBERTO ALTRES et al VS. CAMILO G. EMPLEO (2008)] Non-compliance with Verification As to verification, non-compliance therewith or a defect therein does not necessarily render the pleading fatally defective. The court may order its submission or correction or act on the pleading if the attending circumstances are such that strict compliance with the Rule may be dispensed with in order that the ends of justice may be served thereby. Verification is deemed substantially complied with when one who has ample knowledge to swear to the truth of the allegations in the complaint or petition signs the verification, and when matters alleged in the petition have been made in good faith or are true and correct. Non-compliance with CNFS As to certification against forum shopping, non-compliance therewith or a defect therein, unlike in verification, is generally not curable by its subsequent submission or correction thereof, unless there is a need to relax the Rule on the ground of "substantial compliance" or presence of "special circumstances or compelling reasons.

The certification against forum shopping must be signed by all the plaintiffs or petitioners in a case; otherwise, those who did not sign will be dropped as parties to the case. Under reasonable or justifiable circumstances, however, as when all the plaintiffs or petitioners share a common interest and invoke a common cause of action or defense, the signature of only one of them in the certification against forum shopping substantially complies with the Rule. The certification against forum shopping must be executed by the party-pleader, not by his counsel. If, however, for reasonable or justifiable reasons, the party-pleader is unable to sign, he must execute a Special Power of Attorney designating his counsel of record to sign on his behalf.

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Rule 45 v. Rule 65 RULE 45 APPEAL BY CERTIORARI RULE 65 ORIGINAL ACTION FOR CERTIORARI 1. Issues Raised Questions of Law 2. Against What Court Action Directed Review of the judgment, award or final order on the merits 3. Reglementary Period Must be filed within the reglementary period for appeal. 4. Effect on the Proceedings Below Judgment, award or order appealed from is stayed by the Appeal 5. Parties Involved Original Parties to the action remain the same during appeal (albeit with the corresponding appellation of appellant and appellee); the lower court or quasi-judicial agency is not to be impleaded. 6. Requirement of Motion for Reconsideration For purposes of appeal, MR is not required 7. Exercise of Jurisdiction The Appellate Court exercises its appellate jurisdiction and power of review

Grave Abuse of Discretion Amounting to Lack or Excess of Jurisdiction Directed Against an Interlocutory Order of the court prior to appeal from the judgment, or where there is no appeal or any other plain speedy and adequate remedy Not later than sixty (60) days from notice of the judgment, order or resolution sought to be assailed. No effect (i.e., proceedings below continue) unless a writ of preliminary injunction or a temporary restraining order has been issued The parties are the aggrieved party against the lower court/Quasi-judicial agency and the prevailing parties, who thereby respectively become the petitioner and the respondents. A motion for reconsideration is a CONDITION PRECEDENT subject only to certain exceptions. Higher Court exercises original jurisdiction under its power of control and supervision over the proceedings of lower courts.

TEST TO DETERMINE WHETHER A COUNTERCLAIM IS COMPULSORY OR PERMISSIVE LOGICAL RELATIONSHIP TEST Where conducting separate trials of the respective claims would entail substantial duplication of effort and time and involves many of the same factual and legal issues. [Meliton v. CA] TESTS TO DETERMINE WHETHER THE 3RD-PARTY COMPLAINT IS IN RESPECT OF PLAINTIFF'S CLAIM [CAPAYAS V. CFI (1946)] WON it arises out of the same transaction on which the plaintiff's claim is based, or although arising out of another/different transaction, is connected with the plaintiffs claim; WON the 3rd-party defendant would be liable to the plaintiff or to the defendant for all/part of the plaintiffs claim against the original defendant; WON the 3rd-party defendant may assert any defenses which the 3rd-party plaintiff has or may have to the plaintiffs claim. Leave of court to file a 3rd-party complaint may be obtained by motion under Rule 15. th Summons on 3rd (4 /etc.) party defendant must be served for the court to obtain jurisdiction over his person, since he is not an original party. Where the trial court has jurisdiction over the main case, it also has jurisdiction over the 3rd-party complaint, regardless of the amount involved as a 3rd-party complaint is merely auxiliary to and is a continuation of the main action. [Republic v. Central Surety] rd A 3 -party complaint is not proper in an action for declaratory relief.

RULES OF PROCEDURE FOR ENVIRONMENTAL CASES (AM NO. 09-6-8-SC) Tip: Note concepts of TEPO and PEPO (and their distinctions), including strategic lawsuit against public participation. Scope and applicability of Rules Rules of Procedure for Environmental Cases (AM No. 09-6-8-SC) shall govern the procedure in civil, criminal and special civil actions before the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts involving enforcement or violations of environmental and other related laws, rules and regulations such as but not limited to the following: Act No. 3572, Prohibition Against Cutting of Tindalo, Akli, and Molave Trees; P.D. No. 705, Revised Forestry Code; P.D. No. 856, Sanitation Code;

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P.D. No. 979, Marine Pollution Decree; P.D. No. 1067, Water Code; P.D. No. 1151, Philippine Environmental Policy of 1977; P.D. No. 1433, Plant Quarantine Law of 1978; P.D. No. 1586, Establishing an Environmental Impact Statement System Including Other Environmental Management Related Measures and for Other Purposes; R.A. No. 3571, Prohibition Against the Cutting, Destroying or Injuring of Planted or Growing Trees, Flowering Plants and Shrubs or Plants of Scenic Value along Public Roads, in Plazas, Parks, School Premises or in any Other Public Ground; R.A. No. 4850, Laguna Lake Development Authority Act; R.A. No. 6969, Toxic Substances and Hazardous Waste Act; R.A. No. 7076, Peoples Small-Scale Mining Act; R.A. No. 7586, National Integrated Protected Areas System Act including all laws, decrees, orders, proclamations and issuances establishing protected areas; R.A. No. 7611, Strategic Environmental Plan for Palawan Act; R.A. No. 7942, Philippine Mining Act; R.A. No. 8371, Indigenous Peoples Rights Act; R.A. No. 8550, Philippine Fisheries Code; R.A. No. 8749, Clean Air Act; R.A. No. 9003, Ecological Solid Waste Management Act; R.A. No. 9072, National Caves and Cave Resource Management Act; R.A. No. 9147, Wildlife Conservation and Protection Act; R.A. No. 9175, Chainsaw Act; R.A. No. 9275, Clean Water Act; R.A. No. 9483, Oil Spill Compensation Act of 2007; and Provisions in C.A. No. 141, The Public Land Act; R.A. No. 6657, Comprehensive Agrarian Reform Law of 1988; R.A. No. 7160, Local Government Code of 1991; R.A. No. 7161, Tax Laws Incorporated in the Revised Forestry Code and Other Environmental Laws (Amending the NIRC); R.A. No. 7308, Seed Industry Development Act of 1992; R.A. No. 7900, High-Value Crops Development Rules of Procedure for Environmental Cases Act; R.A. No. 8048, Coconut Preservation Act; R.A. No. 8435, Agriculture and Fisheries Modernization Act of 1997; R.A. No. 9522, The Philippine Archipelagic Baselines Law; R.A. No. 9593, Renewable Energy Act of 2008; R.A. No. 9637, Philippine Biofuels Act; and other existing laws that relate to the conservation, development, preservation, protection and utilization of the environment and natural resources.

Prohibition against Temporary Restraining Order and Preliminary Injunction Except the Supreme Court, no court can issue a TRO or writ of preliminary injunction against lawful actions of government agencies that enforce environmental laws or prevent violations thereof. [Rule 2, Section 10] Pre-trial conference; Consent decree Purposes: To assist the parties in reaching a settlement; To mark the documents or exhibits to be presented by the parties and copies thereof to be attached to the records after comparison with the originals; To ascertain from the parties the undisputed facts and admissions on the genuineness and due execution of the documents marked as exhibits; To require the parties to submit the depositions taken under Rule 23 of the Rules of Court, the answers to written interrogatories under Rule 25, and the answers to request for admissions by the adverse party under Rule 26; To require the production of documents or things requested by a party under Rule 27 and the results of the physical and mental examination of persons under Rule 28; To consider such other matters as may aid in its prompt disposition; To record the proceedings in the "Minutes of Preliminary Conference" to be signed by both parties or their counsels; To mark the affidavits of witnesses which shall be in question and answer form and shall constitute the direct examination of the witnesses; and To attach the minutes together with the marked exhibits before the pre-trial proper. [Rule 3, Sec. 4] The judge shall put the parties and their counsels under oath, and they shall remain under oath in all pre-trial conferences. [Rule 3, Sec. 5] The judge shall exert best efforts to persuade the parties to arrive at a settlement of the dispute.

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The judge may issue a consent decree: approving the agreement between the parties in accordance with law, morals, public order and public policy to protect the right of the people to a balanced and healthful ecology.

Note: Evidence not presented during the pre-trial, except newly-discovered evidence, shall be deemed waived. Prohibited pleadings and motions Pleadings and motions allowed. o Complaint; o Answer which may include compulsory counterclaim and cross-claim; o Motion for intervention; o Motion for discovery; o Motion for reconsideration of the judgment; o Motion for postponement; o Motion for new trial; Note that petition for relief from judgment shall be allowed in highly meritorious cases or to prevent a manifest miscarriage of justice. [Rule 2, Sec. 1] Prohibited pleadings or motions o Motion to dismiss the complaint; o Motion for a bill of particulars; o Motion for extension of time to file pleadings, except to file answer, the extension not to exceed fifteen (15) days; o Motion to declare the defendant in default; o Reply and rejoinder; and o Third party complaint. [Rule 2, Sec. 2]

Temporary Environmental Protection Order (TEPO) The executive judge of the multiple-sala court before raffle or the presiding judge of a single-sala court as the case may be, may issue ex parte a TEPO effective for only seventy-two (72) hours from date of the receipt of the TEPO by the party or person enjoined: o IF it appears from the verified complaint with a prayer for the issuance of an Environmental Protection Order (EPO) that the matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury. o Within said period, the court where the case is assigned, shall conduct a summary hearing to determine whether the TEPO may be extended until the termination of the case o The court where the case is assigned, shall periodically monitor the existence of acts that are the subject matter of the TEPO even if issued by the executive judge, and may lift the same at any time as circumstances may warrant. [Rule 2, Sec. 8] DISSOLUTION: The grounds for motion to dissolve a TEPO shall be supported by affidavits of the party or person enjoined which the applicant may oppose, also by affidavits. The TEPO may be dissolved if: it appears after hearing that its issuance or continuance would cause irreparable damage to the party or person enjoined while the applicant may be fully compensated for such damages as he may suffer and subject to the posting of a sufficient bond by the party or person enjoined. [Rule 2, Sec. 9] Permanent Environmental Protection Order; Writ of continuing mandamus In the judgment, the court may convert the TEPO to a permanent EPO or; issue a writ of continuing mandamus directing the performance of acts which shall be effective until the judgment is fully satisfied. Note: The court may, by itself or through the appropriate government agency, monitor the execution of the judgment and require the party concerned to submit written reports on a quarterly basis or sooner as may be necessary, detailing the progress of the execution and satisfaction of the judgment. The other party may, at its option, submit its comments or observations on the execution of the judgment. [Rule 5, Sec. 3] Judgment and Execution; Reliefs in a citizens suit The court may grant to the plaintiff proper reliefs which shall include: o the protection, preservation or rehabilitation of the environment o the payment of attorneys fees, costs of suit and other litigation expenses. o may also require the violator to submit a program of rehabilitation or restoration of the environment, the costs of which shall be borne by the violator, or to contribute to a special trust fund for that purpose subject to the control of the court. [Rule 5, Sec. 1]

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Note: Any judgment directing the performance of acts for the protection, preservation or rehabilitation of the environment shall be executory pending appeal unless restrained by the appellate court. [Rule 5, Sec. 2] The court may motu proprio, or upon motion of the prevailing party, order that the enforcement of the judgment or order be referred to a commissioner to be appointed by the court. The commissioner shall file with the court written progress reports on a quarterly basis or more frequently when necessary. [Rule 5, Sec. 4] Strategic Lawsuit against Public Participation DEFINITION: A legal action filed to harass, vex, exert undue pressure or stifle any legal recourse that any person, institution or the government has taken or may take in the enforcement of environmental laws, protection of the environment or assertion of environmental rights. [Rule 6, Sec. 1] It is an affirmative defense. SLAPP as a defense/ How alleged: o The defendant may file an answer interposing as a defense that the case is a SLAPP and shall be supported by documents, affidavits, papers and other evidence; and, by way of counterclaim, pray for damages, attorneys fees and costs of suit. The hearing on the defense of a SLAPP shall be summary in nature. The parties must submit all available evidence in support of their respective positions. o The party seeking the dismissal of the case must prove by substantial evidence that his act for the enforcement of environmental law is a legitimate action for the protection, preservation and rehabilitation of the environment. o The party filing the action assailed as a SLAPP shall prove by preponderance of evidence that the action is not a SLAPP and is a valid claim. The affirmative defense of a SLAPP shall be resolved within thirty (30) days after the summary hearing. If the court dismisses the action, the court may award damages, attorneys fees and costs of suit under a counterclaim if such has been filed. The dismissal shall be with prejudice. If the court rejects the defense of a SLAPP, the evidence adduced during the summary hearing shall be treated as evidence of the parties on the merits of the case. The action shall proceed in accordance with the Rules of Court.

Criminal Procedure
JURISDICTION JURISDICTION OVER THE SUBJECT MATTER Derived from the law. It can never be acquired solely by consent of the accused. The absence of courts jurisdiction over the subject matter may be raised at any stage of the proceeding. The right to make such objection is never waived. JURISDICTION OVER THE PERSON OF THE ACCUSED May be acquired by consent of the accused or by waiver of objections. Failure of the accused to make objection in time would constitute a waiver of the objection.

PROSECUTION OF OFFENSES When can amendment of information be made; 1.) Before the accused enters his plea, a formal or substantial amendment of the complaint or information may be made without leave of court. 2.) After the entry of a plea, only a formal amendment may be made but with leave of court and only if it does not prejudice the rights of the accused. After arraignment, a substantial amendment is proscribed EXCEPT if the same is beneficial to the accused. [FRONDA-BAGGAO vs. PEOPLE (2007)] What are considered sufficient allegations in the Information? The Information need not use the exact language of the statute in alleging the acts or omissions complained of as constituting the offense in order that it be sufficient. [PEOPLE vs. PUIG (2009)] BUT: All elements must be alleged in complaint. A complaint or information must fully state the elements of the specific offense alleged to have been committed. An accused cannot be convicted of an offense, even if duly proven, unless it is alleged or necessarily included in the complaint or information. A person accused of having unlawfully sexually abused his 11 year old daughter cannot be convicted of rape. Sexual abuse does not equate to carnal knowledge. [PEOPLE V. FLORES (2002)] Complaint/Information should state aggravating circumstance. The 2000 Revised Rules of Criminal Procedure requires that every complaint or information should state not only the qualifying but also the aggravating circumstances. This provision may be given retroactive effect in light of the well-settled rule that statutes regulating the procedure of the court will be construed as applicable to actions pending and undetermined at the time of their passage. [PEOPLE V. BALACANAO Y QUINES, ET AL. (2003)]

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What is a Prejudicial Question? A prejudicial question is one which arises in a case the resolution of which is a logical antecedent of the issue involved therein, and the cognizance of which pertains to another tribunal. (http://sc.judiciary.gov.ph/jurisprudence/2008/july2008/171435.htm - _ftn32) The prejudicial question must be determinative of the case before the court. It is a question based on a fact distinct and separate from the crime, but so intimately connected with it that it determines the guilt or innocence of the accused; and for it to suspend the criminal action, it must appear that in the resolution of the issue or issues raised in the civil case, the guilt or innocence of the accused would necessarily be determined. [REYES vs. PEARLBANK SECURITIES, INC (2008)] Elements (1) The previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action, and (2) The resolution of such issue determines whether or not the criminal action may proceed [RULE 111, SEC 7] What is the purpose of a PRELIMINARY INVESTIGATION? A complaint for conducting a preliminary investigation need not contain statements of specific and individual acts or omissions constituting the offense. A complaint for conducting PI differs from a complaint for instituting a criminal prosecution. Being generally inquisitorial, PI is often only the means of discovering those who may be reasonable charged to enable the preparation of a complaint or information. All necessary allegations need not be contained in a single document, unlike a criminal complaint or information. [SANTOS-CONCIO VS DOJ (2008)] ARREST When are warrantless arrests lawful? (a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; (b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and (c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. [RULE 113, SEC 5] Any objection involving a warrant of arrest must be made before the accused enters his plea; otherwise, the objection is deemed waived [PEOPLE vs. ALUNDAY (2008)] BAIL When is bail a matter of RIGHT? 1. Before or after conviction by the MTC. 2. Before conviction by RTC of all offenses punishable by penalty lower than reclusion perpetua. [RULE 114, SEC 4] NOTE: Where bail is a matter of right it cannot be denied even if there is a high probability that defendant will abscond. Where bail is a matter of right and prior absconding and forfeiture is not excepted from such right, bail must be allowed irrespective of such circumstance. The existence of a high degree of probability that the defendant will abscond confers upon the court no greater discretion than to increase the bond to such an amount as would reasonably tend to assure the presence of the defendant when it is wanted, such amount to be subject, of course, to the other provision that excessive bail shall not be required. [SAN MIGUEL vs. MACEDA (2007)] When is bail a matter of DISCRETION? 1. Before conviction, in offenses punishable by death, reclusion perpetua or life imprisonment. 2. Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment. It may be filed in and acted upon by the RTC despite the filing of notice of appeal, provided that it has not transmitted the original record to the appellate court. If RTC changed nature of the offense from bailable to non-bailable, it can be resolved only by the appellate court. [RULE 114, SEC 5] When is bail NOT AVAILABLE? 1. If the accused is charged with a capital offense or an offense punishable by reclusion perpetua or life imprisonment, and the evidence of guilt is strong [RULE 114, SEC 7] 2. After conviction by the RTC where a penalty of imprisonment exceeding 6 years but not more than 20 years is imposed and any of the ff. circumstances in sec. 5 is present: a. Recidivism, quasi-recidivism, habitual delinquency, commission of crime aggravated by circumstance of reiteration; b. Previously escaped from legal confinement, evasion of sentence or violation of conditions of bail without valid justification;

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c. d. e. f. 3.

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Commission of offense while under probation, parole or conditional pardon; Probability of flight; Undue risk that he may commit another crime during the pendency of appeal. Any other circumstances as may be present and proved [RULE 114, SEC 5]

After judgment has become final or the accused has commenced to serve his sentence [RULE 114, SEC 24]

MOTION TO QUASH What are the grounds for a Motion to Quash? 1. Facts charged do not constitute an offense 2. Court trying the case has no jurisdiction over the offense charged. 3. Court trying the case has no jurisdiction over the person of the accused. 4. Officer who filed the information had no authority to do so. 5. That it does not conform substantially to the prescribed form. 6. More than one offense is charged Exception: When a single punishment for various offenses is prescribed by law 7. Criminal action or liability has been extinguished. 8. Averments which, if true, would constitute a legal excuse or justification. 9. Accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent [RULE 117, SEC 3] NOTE: THIS IS AN EXCLUSIVE LIST What is the remedy when a motion to quash is denied? Well-established is the rule that when a motion to quash in a criminal case is denied, the remedy is not a petition for certiorari, but for petitioners to go to trial, without prejudice to reiterating the special defenses invoked in their motion to quash. Exception: If the court acts without or in excess of jurisdiction or with grave abuse of discretion, then certiorari or prohibition lies. [SERANA vs. SANDIGANBAYAN (2008)] DEMURRER TO EVIDENCE What are the effects of a demurrer? Effect of Granting o The court may dismiss the action on the ground of insufficiency of evidence. [RULE 119, SEC. 23] Effect of Denial o Order denying the motion for leave or order denying the demurrer itself, is not reviewable by appeal or by certiorari before judgment. [RULE 119, SEC. 23] o It is interlocutory, but it may be assigned as error and reviewed in the appeal that may be taken from the decision on the merits [CRUZ V. PEOPLE (1999)]

What is the consequence of a demurrer to evidence filed without leave of court? The filing of a demurrer to evidence without leave of court is an unqualified waiver of the right to present evidence for the accused. [PEOPLE V. SAYABOC (2004) What is the effect of the filing of a demurrer to the right of the accused to present evidence? Filed w/ leave of court Filed without leave of court May adduce evidence in his defense Purpose of obtaining leave of court: To determine WON demurrer was filed merely to stall the proceedings Implied leave of court is no longer sufficient and prevents accused from presenting evidence [e.g. accused files motion with reservation to present evidence in case motion is denied] Waives the right to present evidence Submits the case for judgment on the basis of the evidence for the prosecution

If there are 2 or more accused and only one presents a demurrer without leave of court. General rule: The court may defer resolution until decision is rendered on the other accused Exception: If it can be shown from the decision that the resolution on the demurrer was rendered not only on the basis of the prosecutions evidence but also on the evidence adduced by his co-accused

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When can a PROVISIONAL DISMISSAL be made? The law on provisional dismissal becomes operative once the judge dismisses, with the express consent of the accused and with notice to the offended party: (a) a case involving a penalty of imprisonment not exceeding six (6) years or a fine of any amount, or both, where such provisional dismissal shall become permanent one (1) year after issuance of the order without the case having been revived; or (b) a case involving a penalty of imprisonment of more than six (6) years, where such provisional dismissal shall become permanent two (2) years after issuance of the order without the case having been revived. [TORRES vs. SPS. AGUINALDO (2005)] What are the conditions for the DISCHARGE OF STATE WITNESS Conditions prescribed under Sec. 9, Rule 119 of the Revised Rules of Court: 1. the discharge must be with the consent of the accused sought to be a state witness 2. his testimony is absolutely necessary 3. no other direct evidence is available for the proper prosecution of the offense committed except his testimony 4. his testimony can be substantially corroborated in its material points 5. he does not appear to be the most guilty 6. he has not at any time been convicted of any offense involving moral turpitude. [PEOPLE V. SUNGA (2003)] What is the effect of the discharge of an accused as a State Witness? Discharge of accused operates as acquittal, UNLESS the accused fails or refuses to testify against his co-accused in accordance with his sworn statements constituting the basis for his discharge.{RULE 119, Sec 18} Under RA 6891 (Witness Protection Program) the following requisites for discharge of an accused as State Witness must be present: 1. the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code, or its equivalent under special laws; 2. his testimony can be substantially corroborated in its material points; 3. he or any member of his family within the second civil degree of consanguinity or affinity is subjected to threats to his life or bodily injury or there is a likelihood that he will be killed, forced, intimidated, harassed or corrupted to prevent him from testifying, or to testify falsely, or evasively, because or on account of his testimony; and 4. he is not a law enforcement officer, even if he would be testifying against the other law enforcement officers. In such a case, only the immediate members of his family may avail themselves of the protection provided for under this Act. [RA 6891, SEC 3] PRESENCE OF THE ACCUSED When is the presence of the accused required by law? Presence is mandatory in the following instances a. For purposes of identification; b. At arraignment; [Rule 116, Sec. 1(b)] c. At the promulgation of judgment; Exception: If the conviction is for a light offense. [Rule 120, Sec. 6] d. [Rule 119, Sec. 15] TRIAL IN ABSENTIA When is a trial in absentia allowed? (1998 Bar) 1. Accused has been arraigned; 2. He was duly notified of trial; 3. His failure to appear is unjustified. JUDGMENT What is the effect of the absence of the accused during PROMULGATION OF JUDGMENT? Absence of accused during promulgation of judgment despite notice and without justifiable cause shall result to loss of the remedies available in these rules against the judgment. Within 15 days from promulgation the accused may surrender and file a motion for leave of court to avail of these remedies stating reasons for his absence and if he proves that his absence was for a justifiable cause, he shall be allowed to avail of said remedies within fifteen (15) days from notice. [RULE 120, SEC 6] APPEAL Which Court has jurisdiction over the automatic review of criminal cases where the penalty imposed is death, reclusion perpetua or death? CA first, then SC. While the Fundamental Law requires a mandatory review by the Supreme Court of cases where the penalty imposed is reclusion perpetua, life imprisonment, or death, nowhere, however, has it proscribe an intermediate review. If only

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to ensure utmost circumspection before the penalty of death, reclusion perpetua or life imprisonment is imposed, the Court now deems it wise and compelling to provide in these cases a review by the CA before the case is elevated to the SC. [PEOPLE V. MATEO (2004)] SEARCH AND SEIZURE When are warrantless searches valid? 1. Warrantless searches allowed as incident of lawful arrest [RULE 126, SEC. 13] 2. Consented Search 3. Search of moving vehicle 4. Check points, body checks in airports 5. Stop and frisk situations 6. Plain view doctrine Requisites: [PEOPLE V. VALDEZ (1999), PEOPLE V. SALANGUIT (2001)] A prior valid intrusion i.e., based on the valid warrantless arrest in which the police are legally present in the pursuit of their official duties; Evidence was inadvertently discovered by the police who have a right to be where they are; Distinguish a search warrant from a warrant of arrest. Search Warrant Will be issued only upon probable cause in connection with one specific offense to be determined by the judge or such other responsible officers authorized by law Examination under oath or affirmation of the complaint and the witnesses he may produce Particularly describing the place to be searched and the things to be seized Warrant of Arrest The witness must be examined personally by the judge

Examination must be under oath Examination must be reduced to writing in the form of searching questions and answers

Evidence
What is ADMISSIBLE evidence? Evidence that is both relevant and not excluded by law or the ROC [Rule 128, Sec. 3] What is RELEVANT evidence? Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-existence. [Rule 128, Sec. 4] General rule: Evidence on collateral matters (matters other than the fact in issue and which are offered as a basis for inference as to the existence or non-existence of the facts in issue) is NOT allowed. Exception: When it tends in any reasonable degree to establish the improbability/probability of fact in issue. What is MATERIAL Evidence? Evidence directed to prove a fact in issue as determined by the rules of substantive law and pleading What are EXCLUSIONARY RULES? 1) Constitutional: a) Unreasonable searches and seizures; privacy of communication and correspondence. [Art. 3, Sec 2 & 3, Consti] b) Miranda Rights: right to counsel, prohibition of torture, force, violence, threat, intimidation or other means which vitiate the free will; prohibition of secret detention places, solitary, incommunicado. [Art. 3, Sec. 12, Consti] c) No person shall be compelled to be a witness against himself. [Art. 3, Sec. 17, Consti] 2) Statutory: a) Lack of documentary stamp tax to documents required to have one makes such document inadmissible as evidence in court until the requisite stamp/s shall have been affixed thereto and cancelled. [Sec. 201, NIRC] b) Any communication obtained by a person, not being authorized by all the parties to any private communication, by tapping any wire/cable or using any other device/arrangement to secretly overhear/intercept/ record such information by using any device, shall not be admissible in evidence in any judicial/quasi-judicial/legislative/ administrative hearing or investigation. [Sec. 1 & 4 RA 4200 (Wire-Tapping Act)]

When is JUDICIAL NOTICE MANDATORY? 1) Existence and territorial extent of states; 2) Their political history; 3) Their forms of government;

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4) 5) 6) 7)

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Their symbols of nationality; The law of nations; Admiralty and maritime courts of the world and their seals; Political constitution and history of the Philippines; Official acts of the legislative, executive and judicial departments of the Philippines [Rule 129, Sec. 1]

Differentiate Parole Evidence and Best Evidence Rule. PAROLE EVIDENCE RULE BEST EVIDENCE RULE Presupposes that the original document is available in Contemplates the situation wherein the original writing court is not available and/or there is a dispute as to whether said writing is the original Prohibits the varying of the terms of a written Prohibits the introduction of substitutionary evidence in agreement lieu of the original document regardless of WON it varies the contents of the original Applies only to documents contractual in nature Applies to all kinds of documents (Exception: wills) Can be invoked only when the controversy is between Can be invoked by any party to an action regardless of the parties to the written agreement, their privies or any WON such party participated in the writing involved party directly affected thereby What are the EXCEPTIONS to the BEST EVIDENCE RULE? 1. Original is lost or destroyed, or cannot be produced in court without bad faith on the part of the offeror; 2. When the original is in the custody of the party against whom the evidence is offered, and the latter fails to produce it after reasonable notice; 3. When the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time and only the fact sought to be established is the general result of the whole; and 4. When the original is a public record in the custody of a public officer is recorded in a public office. What are the EXCEPTIONS to the PAROLE EVIDENCE RULE? When the following is put to issue by party in his pleadings a. Intrinsic ambiguity, mistake or imperfection in the written agreement; b. Failure of the written agreement to express the true intent of the parties; c. Validity of the written agreement; OR d. Existence of other terms agreed upon subsequent to the execution of the written agreement. When does the DEAD MANS STATUTE apply? The rule applies regardless of whether the deceased died before or after the suit against him is filed, provided he is already dead at the time the testimony is sought to be given. (BABAO v. PEREZ) Requisites 1. The witness offered for examination is a party or assignor of parties to a case or persons in whose behalf a case is prosecuted; 2. The case is against the executor or administrator or other representative of a person deceased or of unsound mind. 3. The case is upon a claim or demand upon the estate of such person who is deceased or of unsound mind; and 4. The testimony to be given is on a matter of fact occurring before the death of such deceased person or before such person became of unsound mind. NOTE: Negative testimony, that is, testimony that a fact did not occur during the lifetime of the deceased, is not covered by the prohibition.( MENDEZONA vs. VDA DE GOITIA) When are spouses disqualified to testify against the other? When the marriage is valid and existing as of the time of the offer of testimony. (ARROYO vs. AZUR) When are CONFIDENTIAL COMMUNICATIONS BETWEEN SPOUSES ADMISSIBLE? The disqualification does not apply when the information is not confidential and is intended to be made public. (US vs. ANTIPOLO) MARITAL DISQUALIFICATION v. MARITAL PRIVILEGE MARITAL DISQUALIFICATION [RULE 130, SEC. 22] Broader since it prevents all adverse testimony between spouses and not merely disclosure of confidential communications and may even cover matters occurring prior to the marriage One spouse should be a party to the case

MARITAL PRIVILEGE [RULE 130, SEC. 24] Limited to those made during the course of the marriage

Where neither spouse is a party, this is the disqualifying rule

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What are the exceptions to the rule of DISQUALIFICATION BY REASON OF PRIVILEGED COMMUNICATION? The disqualification does not apply to communications which are; Intended to be made public Intended for an unlawful purpose Received from third persons not acting behalf or as agents of the client Made in the presence of third parties who are strangers to the relationship What is the exception to the rule on ATTORNEY-CLIENT PRIVILEGE? Where that attorney was himself a conspirator in the commission of the crime, the privilege does not attach. The reckoning point is when the advice was given. If the advice was given after the crime has been committed the privilege attaches. Otherwise, it does not. [PEOPLE vs. SANDIGANBAYAN (1997)] What are the requisites for PHYSICIAN-PATIENT PRIVILEGE to apply? Requisites 1. The physician is authorized to practice medicine, surgery or obstetrics; 2. The information was acquired on the advice or treatment was given by him in his professional capacity and was necessary to enable him to act in such capacity. 3. The information, advice or treatment, if revealed would blacken the reputation of the patient. 4. The privilege is invoked in a civil case, whether the patient is a party thereto or not. What information is considered PRIVILEGE COMMUNICATION TO PUBLIC OFFICERS? Requisites 1. That is was made to the public officer in official confidence; 2. That public interest would suffer by disclosure of such communication What is the exception to the rule on privilege of communications to public officers? BANCO FILIPINO v. MONETARY BOARD - The disqualification does not apply when disclosure would be beneficial to public interest. When are Extrajudicial ADMISSIONS ADMISSIBLE? Extra-judicial statements of the accused given before their employer in the course of an administrative inquiry are admissible in a criminal case but statements given to the police are not. The protective mantle of the constitutional provision enumerating the rights of the accused does not extend to admissions or confessions made to a private individual. However, once the accused is placed under custodial investigation which is no longer a general inquiry into an unsolved crime but had begun to focus on a particular suspect, , the confessant must be informed of his constitutional rights. ASTUDILLO vs. PEOPLE (2006)

REMEDIAL LAW
ADMISSION v. CONFESSION ADMISSION Merely a statement of fact Maybe express or tacit Flight from justice is an admission by conduct and circumstantial evidence of consciousness of guilt. [US v. Sarikala]

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CONFESSION Involves an acknowledgement of guilt/liability Must be express The silence of an accused under custody or his failure to deny statements by another implicating him in a crime cannot be considered as a tacit confession of his participation in the commission of the crime. [People v. Alegre (1979)] Can be made only by the party himself and are admissible against his co-accused in some instances

Maybe made by 3rd parties, and in certain cases, admissible against a party

What are the exceptions to the RES INTER ALIOS ACTA rule? 1. Admission by co-partner, agent, joint owner, joint debtor or other persons jointly interested 2. Admission by conspirator 3. Admission by privies What are the EXCEPTIONS TO HEARSAY and what are their requisites? DYING DECLARATION Requisites 1. That death is imminent and the declarant is conscious of the fact 2. That the declaration refers to the cause and surrounding circumstances of such death 3. That the declaration relates to facts which the victim is competent to testify to; and 4. That the declaration is offered in a case wherein the declarants death is the subject of the inquiry. REG GESTAE Requisites Statements made while a startling occurrence is taking place or immediately prior or subsequent thereto 1. The principal act, the res gestae, be a startling occurrence; 2. The statements forming part thereof were made before the declarant had the opportunity to contrive; 3. The statement refers to the occurrence in question and its attending circumstances Verbal Acts 1. The res gestae or principal act to be characterized must be equivocal; 2. Such act must be material to the issue; 3. The statement must accompany the equivocal act; 4. The statement gives a legal significance to the equivocal act. OPINION OF ORDINARY WITNESS The opinion of a witness for which proper basis may be received in evidence regarding 1. The identity of a person about whom he has adequate knowledge 2. A handwriting with which he has sufficient familiarity 3. The mental sanity of a person with whom he is sufficiently acquainted 4. The emotion, behaviour, conditions or appearance of a person How can a PUBLIC RECORD be proved? 1) By an official publication thereof; 2) By a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied: If the record is not kept in the Philippines, with a certificate that such officer has the custody. If the record is in a foreign country, the certificate may be made by a secretary of the embassy/legation, consul-general, consul, vice-consul, consular agent or any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his office. [Rule 132, Sec. 24] How can NOTARIAL DOCUMENTS be proved? The document may be presented in evidence without further proof, the certificate of acknowledgment being prima facie evidence of the execution of the instrument or document involved. [RULE 132, SEC. 30] NOTE: Improperly notarized document cannot be considered a public document and will not enjoy the presumption of its due execution and authenticity. [SPS DELA RAMA V. SPS PAPE (2009)] How can you prove PUBLIC RECORDS OF PRIVATE DOCUMENTS KEPT IN THE PHILIPPINES? By the original record, or a copy thereof, attested by the legal custodian of the record, with an appropriate certificate that such officer has the custody.

REMEDIAL LAW

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What are the CONTENTS OF ATTESTATION? 1. The attestation must state that the copy is a correct copy of the original or a specific part thereof, as the case may be. 2. The attestation must be under the official seal of the attesting officer, if there be any, or if he be the clerk of a court having a seal, under the seal of such court. [RULE 132, SEC. 25] How can a PRIVATE DOCUMENT OFFERED AS AUTHENTIC be proved? Its due execution and authenticity must be proved either: By anyone who saw the document executed/written; By evidence of the genuineness of the signature/handwriting of the maker. Any other private document need only be identified as that which it is claimed to be. [RULE 132, SEC. 20] ELECTRONIC EVIDENCE Functional Equivalent Whenever a rule of evidence refers to the term, writing, document, record, instrument, memorandum or any other form of writing, such term shall be deemed to include an electronic document as defined in the Rules of Electronic Evidence. Admissibility An electronic document is admissible if 1. it complies with the rules prescribed by the Rules of Court and related laws 2. it is authenticated in the manner prescribed in the Rules of Electronic Evidence The term electronic data massage and electronic document as defined in the Electronic Commerce Act of 2000 do not include a facsimile transmission. Accordingly, a facsimile transmission cannot be considered as electronic evidence. It is not the functional equivalent of an original under the Best Evidence Rule and is not admissible as electronic evidence. [MCC INDUSTRIAL SALES CORP. v. SSANGYONG CORP (2007)] Photocopies of a document of which some content were manually affixed are not tantamount to electronic documents. [NPC v. CODILLA (2007)] DNA EVIDENCE Requisites DNA testing order may be issued upon showing that 1. A biological sample exists that is relevant to the case 2. The biological sample (a) was not previously subjected to the type of DNA testing requested or (b) was previously subjected to DNA testing, but the results may require confirmation for good reason; 3. The DNA testing uses a scientifically valid technique. 4. The DNA testing has the scientific potential to produce new information that is relevant to the proper resolution of the case. Post-conviction DNA testing Requisites 1. Existence of a biological sample 2. Such sample must be relevant to the case 3. The testing would probably result in the reversal or modification of judgment of conviction. Probative Value PEOPLE V. VALLEJO (2002) - In assessing the probative value of DNA evidence, therefore, courts should consider, among other things, the following data: how the samples were collected, how they were handled, the possibility of contamination of the samples, the procedure followed in analyzing the samples, whether the proper standards and procedures were followed in conducting the tests, and the qualification of the analyst who conducted the tests. Admissibility HERRERA V. ALBA (2005) - Admissibility of specific test results in a particular case hinges on the laboratorys compliance with appropriate standards and controls, and the availability of their testing data and results. Rape case IN RE: THE WRIT OF HABEAS CORPUS FOR REYNALDO DE VILLA (2004) - The convict-petitioner presented DNA test results to prove that he is not the father of the child conceived at the time of commission of the rape. The Court ruled that a difference between the DNA profile of the convict-petitioner and the DNA profile of the victims child does not preclude the convict-petitioners commission of rape Paternity and Filiation A complete match between the DNA profile of the child and the DNA profile of the putative father does not necessarily establish paternity. Trial courts should require at least 99.9% as a minimum value of the Probability of Paternity ("W") prior to a paternity inclusion. DNA analysis that excludes the putative father from paternity should be

REMEDIAL LAW

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conclusive proof of non-paternity. If the value of W is less than 99.9%, the results of the DNA analysis should be considered as corroborative evidence. If the value of W is 99.9% or higher there is a refutable presumption of paternity. [Herrera v. Alba (2005)] Right against Self-Incrimination Obtaining DNA samples from an accused in a criminal case or from the respondent in a paternity case, contrary to the belief of respondent in this action, will not violate the right against self-incrimination. [Herrera v. Alba (2005)] CHAIN OF CUSTODY IN DRUG CASES TEJADA V. PEOPLE (2009) - The chain of custody" rule requires that the marking of the seized items to truly ensure that they are the same items that enter the chain and are eventually the ones offered in evidence should be done (1) in the presence of the apprehended violator (2) immediately upon confiscation. While there is no need to present all persons who came into contact with the seized drugs to testify in court, the prosecution still has to convincingly establish that the chain of custody remained unbroken throughout, and the seized items specifically identified.

Special Proceedings
Venues & Jurisdictions for Special Proceedings SPECIAL PROCEEDING Settlement of the Estate of a Deceased Person VENUE Residence of the decedent If non-resident, place where hE had an estate JURISDICTION MTC if gross value of the estate does not exceed P 300,000, or does not exceed P400,000 in Metro Manila Else, RTC RTC

Escheat

Appointment of Guardians Appointment of Trustees Adoption

Person dies intestate leaving no heir Residence of the decedent or if non-resident, place where he had estate Reversion where land lies in whole or in part Unclaimed Balances Act where deposits are located Where minor resides Where incompetent resides Where will was allowed or Where the property or portion thereof affected by the trust is situated Domestic where adopter resides ICAB where adoptee resides if filed with the family court Where adoptee resides If filed with RTC, where detainee is detained

RTC RTC Family Court RTC RTC

Family Court Family Court or ICAB

Rescission of Adoption Habeas Corpus

Habeas Data

Amparo Change of Name

For the custody of minors, where petitioner resides or where minor may be found Where the petitioner or respondent resides, or that which has jurisdiction over the place where the data or information is gathered, collected, or stored, at the option of the petitioner Where the threat, act or omission was committed or any of its elements occurred Judicial - where petitioner resides Administrative: Local civil registry where the record sought to be changed is kept Local civil registry of the place of residence of the interested party (only if petitioner migrated to another place in the Philippines & it is impractical to file where records sought to be changed are kept) Philippine consulates only for non-resident citizen

Family Court SC, CA, RTC, MTC in the province or city in case there is no RTC judge Sandiganbayan only in aid of its appellate jurisdiction Family Court, CA, SC RTC generally If concerning public data files or government offices, SC, CA or Sandiganbayan RTC, Sandiganbayan, CA, SC or any justice thereof RTC Local Civil Registry/ Philippine consulate

REMEDIAL LAW
SPECIAL PROCEEDING Appointment of Representative of Absentee/ Declaration of Absence Cancellation / Correction of Entries in Civil Registries Petition for declaration of nullity, annulment, legal separation

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JURISDICTION RTC

VENUE Where Absentee resides before his disappearance

Judicial - Where corresponding civil registry is located Administrative - Same as change of name Where petitioner or respondent has been residing for at least 6 months prior to the date of filing If non-resident petitioner, where he may be found at the election of the petitioner

RTC Local Civil Registry/ Philippine consulate Family Court

Nature, scope, function

Limitations

Where filed

Essential allegations/ Contents of petition

HABEAS CORPUS All cases of illegal confinement and detention which any person is deprived of his liberty; or rightful custody of any person is withheld from the person entitled (102.1) Actual violation before writ issues. Note Villavicencio v. Lukban on applicability of the writ in case of constructive restraint May be suspended in cases of invasion or rebellion when public safety requires it (Consti. Art. III Sec. 15) Granted by: SC or any member thereof, on any day and at any time CA or any member thereof in instances authorized by law RTC or a judge thereof, on any day and at any time, enforceable only within his judicial district (102.2) MTC OR FIRST LEVEL COURTS in the absence of RTC judges in a judicial region (section 35 BP 129) Signed and verified either by the party for whose relief it is intended or by some person on his behalf, setting forth: a) The person in whose behalf whose the application is made is imprisoned or restrained of his liberty b) Name of the person detaining another or assumed appellation c) Place where he is imprisoned or restrained of his liberty d) Cause of detention (102.3)

AMPARO Involves right to life, liberty and security violated or threatened with violation by an unlawful act or omission of a public official or employee or a private individual or entity It covers extralegal killings and enforced disappearances or threats thereof.

HABEAS DATA Involves the right to privacy in life, liberty or security of the aggrieved party and covers extralegal killings and enforced disappearances

Shall not diminish, increase or modify substantive rights (RWA Sec. 23) Filed on any day and at any time: SB, CA, SC, or any justice of such courts RTC of place where the threat, act, or omission was committed or any element occurred (RWA Sec. 4)

Shall not diminish, increase or modify substantive rights (RWD Sec. 23) Petition may be filed with RTC where the petitioner or respondent resides or that which has jurisdiction over the place where the data or information is gathered, collected or stored, at the option of petitioner If public data files of government offices, petition shall be filed with the SC, CA, or SB (RWD Sec. 3) Verified and written petition shall contain: a) Personal circumstances of petitioner and respondent b) Manner the right to privacy is violated or threatened and its effects c) Actions & recourses taken by the petitioner to secure the data or information d) The location of the files, registers, or databases, the government office, and the person in charge or control e) The reliefs prayed for Such other relevant reliefs as are just and equitable (RWD Sec. 6)

Signed and verified and shall allege: a) The personal circumstances of the petitioner b) Name or appellation & circumstances of the respondent c) The right to life, liberty, and security violated or threatened with violation, d) The investigation conducted, if any, plus circumstances of each e) The actions and recourses taken by the petitioner f) Relief prayed for May include a general prayer for other just and equitable reliefs (RWA Sec. 5)

REMEDIAL LAW
Respondent HABEAS CORPUS May or may not be an officer

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HABEAS DATA A public official or employee or a private individual or entity engaged in gathering, collecting or storing data

AMPARO Respondent is a public official or employee or private individual or entity

-End of Remedial Law Pre-Week Notes-

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