1

Remedial Law Contents

Preliminaries
Remedial Law
Remedial Law Vs Substantive Law
Main Divisions Of Remedial Law
What Are The Sources Of Remedial Law?
Differentiate: Civil Actions, Special Proceedings, Criminal Actions
Constitutional Provisions Relating To Civil Procedure
What Those Other Courts Are As May Be Established By Law?

Civil Procedure Proper
Jurisdiction
General Jurisdiction
Special Or Limited Jurisdiction
Concurrent / Confluent / Coordinate Jurisdiction
Original Jurisdiction
Exclusive Jurisdiction
Exclusive Original Jurisdiction
Territorial Jurisdiction
Delegated Jurisdiction
Doctrine Of Primary Jurisdiction
Coordinate Jurisdiction
Appeal By Certiorari Vs. Petition For Certiorari

Supreme Court
Original Jurisdiction Of The Supreme
Appellate Jurisdiction Of The Supreme Court
Administrative Supervision Of The Supreme Court
Ca Decisions

Court Of Appeals
Original Jurisdiction / Original Concurrent Jurisdiction
Exclusive Original Jurisdiction
Appellate Jurisdiction

RTC
Exclusive Original Jurisdiction
Concurrent Original Jurisdiction
Appellate Jurisdiction

MTC

Summary Procedure
Why The Need To Discuss Jurisdiction?
Commencement Of A Civil Action
Jurisdiction Over Plaintiff
Jurisdiction Over Defendant
Jurisdiction Over Subject Matter
2

Jurisdiction Over The Issue
Jurisdiction Over The Res

Action
Action Vs. Cause Of Action Vs. Right Of Action
Kinds Of Actions
Real Action
Personal Action
Mixed Action
Action In Rem
Action In Personam
Action Quasi In Rem
Personal Action Vs Action In Personam
Mixed Action Vs Action Quasi In Rem
Real Action Vs Action In Rem

Pleading
Complaint
Answer
Initiatory Pleading
Responsive Pleading


Flow of Civil Procedure

I - Barangay Conciliation Proceedings
General Rule With Respect To Barangay Conciliation Proceedings
Exceptions
Purpose
Venue
Rules On Appearance
Effect Of Amicable Settlement And Arbitration Award
Rules On Execution Of Judgment
Remedies Of The Parties In Case Of Failure Of Amicable Settlement Before The Lupon
Remedy In Case Of Failure To Comply With Barangay Conciliation
Motion To Dismiss Was Granted, Remedy Of Plaintiff?
Motion To Dismiss Was Denied, Remedy Of Defendant?
Notice Of Lis Pendens

II - Complaint
Complaint
Undergone Barangay Conciliation Proceedings
Jurisdiction
Summary Procedure:
Rules On Venue
If The Venue Is Permissive
Action Was Filed In The Wrong Venue
The Motion Was Granted (Court Issues Not A Judgment But An Order). Counsel For
Plaintiff. Remedy?
3

Motion To Dismiss Was Denied. Remedy For Defendant?

Parties
Plaintiff
Defendant
3rd Party Plaintiff
Cross Claimant
Real Party In Interest
Indispensable Party
Necessary Party
Who Is A Proper Party?
Representative Party
Pro Forma Party
Quasi Party
Joinder Of Parties

Cause Of Action
Elements
Joinder Of Causes Of Action
Splitting A Single Cause Of Action
Supposing, The Plaintiff Split A Single Cause Of Action, Remedy?

Parts Of A pleading
Is A Jurat A Part Of A Pleading?
What Are The Pleadings That Need To Be Verified?
Pleadings Not Required Be Verified In The Manner And Form Prescribed By S4 Of This
Rule But The Same Must Be Under Oath
Pleadings Or Motion With Affidavit Or Affidavits Of Merit
Does The Answer Need To Be Verified?
If The Pleading Is Not Verified, As Counsel For Plaintiff, Remedy?
Who Can Verify A Pleading?
Who May Sign Verification?
How About An Authorized Representative? Can He Verify?
Certification Against Forum Shopping
Pleadings Requiring Certification Against Forum Shopping
What Is Stated In Certification Against Forum Shopping
Failure To Attach Certification Against Forum Shopping
Submission Of A Falser Certification Or Non Compliance Of Any Of The Undertakings
Therein
Willful and Deliberate Forum Shopping
Remedies In Case Of Failure To Attach Certification Against Forum Shopping
Motion To Dismiss Was Granted, Remedy?
If The Plaintiff Committed Willful And Deliberate Forum Shopping, And The Complaint
Was Dismissed, Remedy?

Define, Enumerate, Each Pleadings:
Complaint (R6 S3)
Counterclaim (R6 S6)
Compulsory Counterclaim (R6 S7)
4

Permissive Counterclaim (R6 S7)
Cross Claim (R6 S8)
3rd 4th Etc Party Complaint (R6 S11)
Complaint In Intervention (R19 S1)
Answer In Intervention (R19 S3)
Answer (R6 S4)
Counter Counterclaim (R6 S9)
Counter Cross-claim
Counterclaim
Cross Claim
Third Party Complaint
Complaint In Intervention

Provisional Remedies
Preliminary Attachment (Rule 57)
When Filed
Grounds For Preliminary Attachment
Requirements
How Applied
Stages
Remedy In Case Of Issuance Of Writ Of Attachment
Writ Of Preliminary Attachment Vs. Writ Of Replevin

Preliminary Injunction (Rule 58)
Injunction
Preliminary Injunction
Preliminary Mandatory Injunction
Writ of Preliminary Injunction Vs. Tro
Grounds
How to Avail
Effect of Failure To Comply With Sections, 4, 5, 6 Of Rule 15?
Status Quo Order
Remedies In Case Of Preliminary Injunction
Prohibitory Injunction Vs. Prohibition
Mandatory Injunction Vs. Mandamus

Receivership (Rule 59)
Where Applied
Grounds
Requirements
General Powers Of Receiver
Termination Of Receivership; Compensation Of Receiver

Replevin (Rule 60)
Jurisdiction/Venue
Requirements

Support Pendente Lite (Rule 61)
Where Filed?
5

When Available?

Special Civil Actions
Interpleader (Rule 62)
Interpleader Vs Intervention
Application
Venue

Declaratory Relief And Other Similar Remedies (R63)
Jurisdiction/Venue
Requirements

Review Of Judgments And Final Orders Or Resolutions Of The Comelec And
Commission On Audit (Rule 64 [But Applying Rule 65])
Constitutional Basis
Coverage
Grounds For Dismissal
Rule 65 Vs Rule 64
Rule 43 Vs Rule 64

Certiorari, Prohibition, Mandamus (Rule 65)
Constitutional Basis
Material Dates Rule
Error Of Jurisdiction Vs. Error Of Judgment
Requirements
When And Where To File The Petition
Motion For Reconsideration Based On Rule 65 Vs. Rule 37

Quo Warranto (Rule 66)
Quo Warranto Under Election Code Vs Quo Warranto Under Rule 66

Expropriation (Rule 67)
Constitutional Basis
Venue
Remedy Of Person After Expropriation, No Payment Made

Foreclosure Of Mortgage (Rule 68)
Manner
Jurisdiciton/Venue
Classification
Right Of Redemption Vs. Equity Of Redemption

Partition (Rule 69)
Classes Of Partition
Voluntary
Compulsory

Kinds Of Partition
Total
6

Partial
Provisional
Definite
Judicial
Extrajudicial
Jurisdiction/Venue

Forcible Entry And Unlawful Detainer (Rule 70 In Relation To Rules On
Summary Procedure)
3 Kinds Of Recovery Of Real Property
Fe Vs Ud
Jurisdiction/Venue
Pertinent Provisions Of The Rules On Summary Procedure
Prohibited Pleadings And Motions

Contempt (Rule 71)
2 Classifications Of Contempt
Direct Contempt
Acts Covered
Indirect Contempt
Acts Covered
Remedy
Dc Vs Ic
Notice Of Lis Pendens
Filing And Service Of The Pleading
What Are The Papers Required To Be Filed And Served Under Rule 13?
What Are The Modes Of Service Of Pleading? (R13 S5)
When Is Service Deemed Completed?
What Is Constructive Service Of Pleading?
If You Cannot Pay Docket Fees, Remedy?

III - Service Of Summons
Office Of The Clerk Of Court Vs. Branch Clerk Of Court
2 Kinds Of Summons
Original Summons
Alias Summons
Summons Vs. Subpoena
How To Serve Summons?
Service In Person On Defendant (R14 S6)
Tendering Summons To Defendant (R14 S6)
Substituted Service Of Summons On Defendant (R14 S7)
To Whom Served / How?
How Is A Person Deemed Of Suitable Age And Discretion?
Service By Publication In A Newspaper Of General Circulation
Can There Be Personal Service Of Summons In In Rem Actions?
Substituted Vs. Extraterritorial Service Of Summons
Defective Service Of Summons, Remedy
To Whom Summons Are Made?
Ordinary Defendant
7

Upon Prisoners
Upon Minors And Incompetents
Upon Domestic Private Juridical Entity
Service Upon Foreign Private Juridical Entity
Service Upon Public Corporations
Service Upon Defendant Whose Identity Or Whereabouts Are Unknown
Extraterritorial Service
Upon Residents Temporarily Out Of The Philippines
To Implement, Serve Summons
Exceptions To Service Of Summons
Can The Court Dismiss A Case Motu Proprio For Lack Of Jurisdiction Over The Person Of
The Defending Party For Defective Service Of Summons?

IV. Refer To The Following:

Motion To Dismiss (Rule 16)
Grounds
Rules On Motion
Litigated Vs. Non-litigated Motion
What Are The Kinds Of Motions?
Motion Ex Parte / Non Litigated Motion
Motion Of Course
Litigated Motion
Special Motion
Examples Of Litigated Motions:
Examples Of Non-litigated Motions
Motions That Need To Be Verified
Motion For Bill Of Particulars (R12)
Mbp In Civil Procedure Vs. Criminal Procedure
When Do You File Bill Of Particulars?
Requirements For Filing Bill Of Particulars
The Motion For Bill Of Particulars Is Denied. Remedy?
Effect Of Order Of Failure To Comply To File Bill Of Particulars

Motion To Amend The Pleading (Rule 10)
Kinds Of Amendments
Amendment As A Matter Of Right: (R10 S2)
Amendment By Leave Of Court: (R10 S3)

Formal Amendments (R10 S4)
Amendments To Conform Or To Authorize Presentation Of Evidence (R10 S5)
Substantial Amendments
Amendment To Confer Jurisdiction
Amended Vs. Supplemental Pleading
Is There Amendment Of The Pleading In Summary Procedure?

Motion For Extension Of Time To File Responsive Pleading (Rule 11)
Summary Judgment (Rule 35)

8

Order Of Default / Judgment By Default (Rule 9)
Requirements For Declaration Of Default
Doctrine Of Hierarchy Of Courts
Effect Of Order Of Default
Summary Proceedings
Remedies Before Judgment Becomes Final And Executory
Remedies After Finality Of Judgment

V - Filing Of Answer
What Are The Responsive Pleadings?
Discuss The Periods To Answer To Responsive Pleadings Under Rule 11 Of The Rules Of
Court
Answer To The Original Complaint
Compulsory Counterclaim
Answer To Permissive Counterclaim
Answer To Cross Claim
Answer To 3rd 4th Etc Party Complaint
Answer To Complaint In Intervention
Reply
Answer To Amended Complaint
Amended CC, Amended 3,4, etc PC, Amended CII
Answer To Supplemental Complaint
Rejoinder
Defenses and Denials
What Are The Types Of Defenses?
Negative Defense
Affirmative Defense
Kinds Of Denials
Specific Absolute Denial
Partial Specific Denial
Disavowal Of Knowledge

VI. Modes Of Discovery
Depositions Pending Action (R23)
Depositions Before Action Or Pending Appeal (Rule 24)
Interrogatories To Parties (R25)
Admission By Adverse Party Under Rule 26
Production Or Inspection Of Documents Or Things Under Rule 27
Physical And Mental Examination Of Persons Under Rule 28
Production Or Inspection Of Documents Vs. Subpoena
Production Or Inspection Of Documents Vs. Original Of Evidence In The Custody Of
Adverse Party
Physical And Mental Examination Of Persons Vs. Hospitalization Of Insane Persons

Motion To Dismiss By Plaintiff (Rule 17)
Grounds
Dismissal Upon Notice By Plaintiff (R17 S1)
Dismissal Upon Motion By Plaintiff (R17 S2)
Dismissal Due To Fault Of Plaintiff, When For Justifiable Cause
9

What Is The 2 Dismissal Rule?
Elements
Effects
Exceptions
Nature Of Dismissal Of Actions Under Rule 17
Upon Notice By Plaintiff
Upon Motion Of Plaintiff
Due To Fault Of Plaintiff
What Are Your Remedies, As Plaintiff, In Such Cases?

Judgment On The Pleadings (Rule 34)
Grounds
Exceptions
Allegations Not Deemed Admitted
Jop Vs. Summary Judgment

VII. Reply (R6 S10)

VIII. Rejoinder

IX. Pre Trial (Rule 18)
PT In Civil Vs. Criminal
Purposes
Pre Trial Brief
Requisites For Appearance At The Pre Trial
Effects Of Failure To Appear At The Pre Trial
Plaintiff Fails To Appear
Defendant Fails To Appear
Remedies In Case Of Failure To Appear By Plaintiff / Defendant
When Defendant Fails To Appear, 4 Scenarios Are Contemplated
Order Allowing Plaintiffs Presentation Of Evidence Ex Parte
Presentation Of Evidence Ex Parte
Before Judgment Becomes Final And Executory
After Judgment Becomes Final And Executory
Pre Trial Order

X. Trial
Proponents / Plaintiffs Testimonies And Evidence In Chief As Well As That
Of Witnesses
Order Of Trial
Direct Examination
Cross Examination
Re Direct Examination
Re Cross Examination
Offer Of Testimony Vs. Offer Of Evidence
Evidence In Chief
Offer Of Evidence
Comment Or Objection
Order Of Admission/Exclusion Of Evidence
10

Tender Of Excluded Evidence
Demurrer To Evidence (Rule 33)
D2E Vs Motion To Dismiss
D2E In Civil Vs. Criminal

Defendants Evidence In Chief
Direct Examination
Cross Examination
Redirect Examination
Recross Examination
Formal Offer Of Evidence
Comment
Objection
Tender Of Excluded Evidence
Defendant Rests Its Case

Rebuttal Evidence
Sur Rebuttal Evidence
Memorandum

XI. Judgment (Rule 36)
Kinds Of Judgments
Judgment Upon A Compromise
Judgment Upon Confession
Judgment By Cognovit Actionem
Judgment By Confession Relicta Verificatione
Judgment By Confession Relicta Verificatione
Clarificatory Judgment
Judgment Non Pro Tunc
Judgment Sin Perjuicio
Judgment By Default (R9 S3)
Judgment On The Pleadings (R34)
Summary Judgment (R35)
Several Judgment
Separate Judgment
Special Judgment
Judgment For Specific Acts
Judgment On Demurrer To Evidence
Conditional Judgment
Final Judgment
Amended Judgment
Supplemental Judgment
Conclusiveness Of Judgment
Res Judicata
Stare Decisis
Obiter Dictum
Law Of The Case

Motion For Clarificatory Judgment
11


XII. Remedies Before Judgment Becomes Final And Executory
1. Motion For Reconsideration (Rule 37)
2. Motion For New Trial (Rule 37)
3. Reopening Of Trial (Civil In Relation To Criminal Procedure-r119 S24)
4. Appeal (Rules 40-43, 45)
MTC Decisions
RTC Decisions In Exercise Of Original Jurisdiction

Remedies After Judgment Becomes Final And Executory
1. Petition For Relief From Judgment (Rule 38)
2. Petition For Annulment Of Judgment (Rule 47)
3. Certiorari Under Rule 65
4. Collateral Attack

XIII. Execution Of Judgment
The Writ Of Execution Is Issued In The Name Of Rp And Shall State
When Proper To Quash Writ Of Execution
Exception To The Matter Of Right On Part Of Winning Party (Execution), And Court
Cannot Refuse
Exception To The Dispositive Portion Of Decision Is The Part That Becomes Subject Of
Execution
Discretionary Execution Vs Execution As A Matter Of Right
Discretionary Execution
a. Execution Of A Judgment Or A Final Order Pending Appeal
b. Execution Of Several, Separate, Or Partial Judgments
Supersedeas Bond
Remedy In Case Of Execution As Matter Of Discretion
Judgments Not Stayed By Appeal
Execution By Motion Or Independent Action
Modes Of Enforcement
Revival Of Judgment Under Section 6 Vs. Section 34
Attachment Vs. Garnishment
Execution Of Judgments For Specific Act
Property Exempt From Execution
Remedies Of 3rd Party Claimant
Ordinary Sale On Execution Vs. Sale In Judicial Foreclosure Of Mortgage
Proof Required Of Redemption
Rights Of Judgment Debtor
Remedies Of Judgment Creditor In Aid Of Execution
Effect Of Judgment Or Final Order
Bar By Former Judgment Vs. Conclusiveness Of Judgment
Effect Of Foreign Judgment Or Final Orders
2 Ways Of Giving Effect To A Foreign Judgment






12

SPECIAL PROCEEDINGS

Preliminary Considerations
1970 Bar: Distinguish Special Proceedings From Criminal Procedure And Ordinary Civil
Action
Sources of Special Proceedings
Constitutional Provisions
What Are The Special Proceedings?
Certain Proceedings Not Mentioned Are Considered As Special Proceedings
Nature of Special Proceedings
What Rule Governs Special Proceedings
What Are Those Specific Provisions In Civil Procedure Which Also Apply To Special
Proceedings?
Can The RTC-manila Entertain Petition For Probate of The Will If The Deceased Died In
Quezon City?
Settlement of Estate of The Deceased, Being Adversarial In Character, Is Demurrer To
Evidence Allowed?
Jurisdiction
Can The Court Dismiss The Petition Motu Proprio For Lack of Certification Against
Forum Shopping?

Settlement of The Estate of The Deceased (Rule 73-90)
Jurisdiction (Bp129 Ra7691)
1997 Bar: The Gross Estate of The Deceased Is 200k, The Property Is In Pampanga.
Determine The Jurisdiction And The Venue.
Venue
Modes of Settlement of Estate of The Deceased
Kinds of Settlement of Estate of The Deceased
What Is A Newspaper of General Circulation?
Remedies of Those Aggrieved By Extrajudicial Settlement

Extrajudicial Settlement of Estate of The Deceased (R74 S1)
Protections Accorded To Those Unduly Deprived

Settlement of Estate of The Deceased of Small Value

Liabilities of Distributees of Estate (Rule 74 S4)
Properties Subject To Settlement of Estate of The Deceased
Nature of Probate Proceedings
Why The Need To Probate Will?
What Is A Will?
2 Kinds of Will
Procedural Requirements
Uncontested Notarial Will
Uncontested Holographic Will
Contested Notarial Will
Contested Holographic Will
Notarial Will
Who May File Petition For Probate of A Will?
13

If Testator Is The One Who Filed, What Is The Quantum of Proof Required?
What Are The Powers of The Probate Court?
Exception To The General Rule That The Probate Court Has No Power To Determine
Issues of Ownership
Grounds For Disallowance of A Will (Important: Lumalabas Sa Bar)
Rule 76 S9
In Case of Lost Or Destroyed Will, No Probate, Except As Provided In R76 S6: (Note
This, Lumalabas To Sa Bar)
How To / Who Can Prove Due Execution, Genuiness?
If The Parties Subsequently File A Petition For Letters Testamentary Or of
Administration, Is It Considered As Initiatory Pleading?
Is Oral Partition Valid Between Surviving Heirs?
Can There Be Administrator In Case There Is A Will?
Who Can Be Appointed Executor Or Administrator?

Reprobate of A Will (Note: Lumalabas To Sa Bar) Rule 77
How To Prove?
Requisites
Requisites To Be Appointed Executor (Rule 78 S4)
Requisites To Be Appointed Administrator (Rule 79 S2)
Powers of Executor Or Regular Administrator (R84 S1-3)
As Far As Executor Or Regular Administrator Is Concerned (N/A To Special
Administrator, Who Are Disqualified To Serve As Such? (R78 S1)
What Is Moral Turpitude?
What Are Crimes Involving Moral Turpitude?
Removal of Executor Or Administrator, Grounds: (Rule 82 S2)
Special Administrator, Instances When Appointed
Powers of Special Administrator
Requisites In Case of Executor Or Administrator
Is There Any Instance When Executor Or Administrator Is Exempt From Filing Bond?
Executor Or Administrator Was Appointed, Here Comes Heir, Now, Can The Heir File
Petition For Appointment of His Person As Administrator?

Inventories Rule 83
Question On Rentals. Can It Be Filed By Mere Motion?
Can Executor Or Administrator Be Made To Testify To Those Matters Relating To
Executor By Deceased Before His Death?
Principle of Statute of Non Claims

Claims Against The Estate (Relate To Rule 3 S16, Rule 3 S20if Dismissed,
File Under Rule 86)
Specific Claims Against Estate (Rule 86 S5)
Question Regarding The Person Who Died In Accident, While Yung Nabangga Niya
Suffered Injuries. What Is The Remedy of The Latter?
How To File Claim Against Estate (Rule 86 S9)
Remedies of Mortgagee After Death of Mortgagor (Rule 86 S7)

Actions Against Estate of The Deceased (87 S1)
How To File? Requirements (Rule 87 S10)
14

Actions To Be Filed By Executor Or Administrator Against Third Person For Estate of
Deceased
Conditions For Payment of Claims (Rule 88)
Case Filed Against Executor Or Administrator In Another Court, And Without Consent of
The Probate Court, The Executor Or Administrator Entered Into Compromise
Agreement.
Notice of Lis Pendens
Is Notice of Lis Pendens Needed To Secure?

Sale, Encumbrance of Property of Estate: (Rule 89)
When Sale of Property of Decedent May Be Effected/Instances/Requirements (Rule 89)
Executor Or Administrator, In Case of Sale, Is Required To File Written Petition Setting
Forth (R89 S7)

Requirement For Advanced Distribution of Property (Rule 90 S1)

Escheat (Rule 91)
Is It The Same As Reversion (R91 S5)?
Jurisdiction / Venue of Escheat Proceedings
Escheat Vs. Expropriation Vs. Reversion
Remedies of Heir Unlawfully Deprived (File Within 5 Years From Judgment Or Else,
Forever Barred)
In Case of Adverse Decision On Escheat, Remedy

Guardianship (Rules 92-97, Guardianship of Incompetents; Am 3-2-5,
Guardianship of Minors)
Jurisdiction And Venue
Who May Petition For Guardianship
Kinds of Guardians
Who Are Minors? Incompetents?
Who Can Be Guardians of A Minor?
Duties of A Guardian
Requirements For Sale Or Disposition of Properties of The Ward
Grounds For Termination of Guardianship
Grounds For Removal/Resignation of Guardian
Remedies In Case of Mismanagement of Properties

Custody of Minors In Relation To Habeas Corpus Am 3-4-4-sc
Jurisdiction/Venue
Mother And Grandparents, Or Husband And Wife. Who Has Better Right To Custody of
The Child?
Who May File Petition For Custody of Minors?
Grounds For Denial of Petition
Protection Orders

Trusteeship (Rule 98)
Jurisdiction/Venue
Elements Constituting A Trust
Requisites For Trusteeship
15


Adoption (Ra 8552- DAA; Ra8043- ICAA; AM 2-6-2- Rules On Adoption)
Kinds of Adoption
Jurisdiction / Venue
Who May Adopt? Requirements? Who May Be Adopted?
DAA
ICAA
Who May Be Adopted?
DAA
ICAA
Simulated Birth
Who Are The Following?
Abandoned Child
Neglected Child
Voluntarily Committed Child
Involuntarily Committed Child
Dependent Child
Effect of Adoption Decree
Abandoned / Neglected Child
Inter Country Adoption
Icab
Annexes To Petition For ICA

Rescission/Revocation of Adoption (RAa 8552- DAA)
Jurisdiction / Venue
Who May File
When Filed
Effects of Rescission Or Revocation of Adoption
Can Adoptive Parents File For Rescission of Adoption?
What Then Can Be The Remedy of Adoptive Parents?

Hospitalization of Insane Persons (Rule 101)
Jurisdiction / Venue
Who May File?
Hospitalization of Insane Persons Vs. Physical And Mental Examination of Persons
Insane Person
Effect of Granting Petition
Adverse Decision, Remedy

Habeas Corpus (Rule 102), Writ of Amparo (AM 7-9-12-SC), And Writ of
Habeas Data (AM 8-1-16-SC)
Constitutional Basis
Habeas Corpus/Writ of Habeas Corpus
Jurisdiction/Venue of Habeas Corpus
Writ of Habeas Corpus, Under Rule 102, Applies To All Kinds of Illegal Restraint (Actual
Restraint)
When Can The Writ of Habeas Corpus Not Be Issued?
Amparo / Writ of Amparo (As Differentiated From Writ of Habeas Corpus As Amparo)
Habeas Data
16

Remedy In Case of Adverse Decision In Habeas Corpus
Remedy In Case of Adverse Decision In Writ of Amparo / Writ of Habeas Data
What Are The Kinds of Amparo?
Amparo Libertad / Liberty Amparo
Amparo Contra Leyes / Constitutionality Amparo
Amparo Casacion / Judicial Amparo
Amparo Administrativo / Administrative Amparo
Amparo Agrario / Agrarian Amparo
Petition For Writ of Amparo
Protection Orders / Interim Reliefs In Writ of Amparo
Writ of Amparo Is Not A Substitute For Lost Appeal Or Certiorari
Peremptory Writ of Habeas Corpus Vs. Preliminary Citation
Preliminary Citation
Prohibited Pleadings Under Writ of Amparo/Habeas Data

Change of Name (Rule 103), Cancellation Or Correction of Entries In The Civil
Registry (Rule 108), And Clerical Error Act (RA 9048)
Change of Name
Grounds
Change of Name Vs. Correction of Entry
Grounds For Correction of Entries Under R108
Principle of Sexual Reassignment (Silverio Case)
Principle of Intersex (Cagandahan Case)

Voluntary Dissolution of Corporations (Now Governed By Corporation Code,
S118-119, BP68)
Modes

Judicial Declaration of Minor Natural Children (Now Governed By Family
Code)
3 Kinds of Children

Constitution of The Family Home (Post-aug 3, 1988- Family Code; Before,
Rule 106)
Family Home
Why The Need To Constitute?
Instances When Is Family Home Not Exempt From Execution, Forced Sale, Attachment
Can The Family Home Be Subject To Partition?
What Is Actual Residence?
Who Are The Beneficiaries of A Family Home?
Is There A Need To File A Petition For Declaration of Family Home?

Declaration of Absence And Presumptive Death (Rule 107, Provisions of NCC)
Declaration of Absence And Death
Jurisdiction / Venue
When? Who May Petition? What To Petition? Jurisdiction? Venue?
What Are The Requirements?
Contents of Petition
What Is The Purpose For Declaration of Absence?
17

What Is The Period?
Period When Declaration of Absence Takes Effect (107 S6)
Remedy of A Person Declared Absent Upon Reappearance
Effect of Reappearance of Absent Spouse
What Is The Nature of A Petition For Declaration of Presumptive Death?
Do You Consider Declaration of Presumptive Death As A Special Proceeding?

Appeals In Special Proceedings (Rule 109)
What Are Those Subject of Appeal?

Declaration of Nullity of Marriage, Annulment of Marriage, Legal Separation
Dependent Personality Disorder
Principle of Anti Social Disorder
Provisional Orders
Petition For Declaration of Absolute Nullity of Void Marriages
Who May File?
Venue
Petition For Annulment of Voidable Marriages
Who May File?
Venue
Contents And Form of Petition
What Are The Prohibited Compromises?
Can You File Motion To Dismiss?
What Is The Effect of Failure To Appear At The Pre Trial?
Service of Summons
Answer
Remedies In Case of Adverse Decision
Provisional Orders
Hold Departure Order

Protection Orders (Am 02-11-12-SC Rule On Provisional Orders In Relation
To RA 9262 Or The Violence Against Women And Children Act)
Who May Issue?
What Are Those Provisional Orders?
Barangay Protection Orders (Bpos)
Temporary Protection Orders
Permanent Protection Orders
Where To Apply For A Protection Order
How To Apply For A Protection Order
Acts Covered By Protection Orders
Effect of Being A Battered Wife In Case of The Children?








18

CRIMINAL PROCEDURE

Criminal Procedure
Criminal Jurisdiction
Spec Pro Vs. Crim. Pro Vs. Civ. Pro
Sources of Criminal Procedure
Constitutional Provisions

Jurisdiction With Respect To Criminal Cases
Supreme Court
Exclusive Original
Excusive Appellate

CA
Exclusive Original
Concurrent
Exclusive Appellate

Sandiganbayan
Can The Sandiganbayan Try Civil Cases?
Concurrent Original
Appellate Jurisdiction

RTC
Exclusive Original
Family Court Jurisdiction
Appellate Jurisdiction

MTC
Exclusive Original
Summary Procedure
Katarungang Pambarangay
Exceptions
Importance of Knowing Jurisdiction
Venue of Criminal Cases

Preliminary Matters
Who May Institute/Commence Criminal Action?
Public Vs. Private Crime
Prosecution of Private Crimes (R110 S5)
Prosecution of Crimes of Adultery Or Concubinage
Prosecution of Seduction, Abduction, Acts of Lasciviousness
Complaint
Criminal Information
Probable Cause

Commencement of Criminal Action
With The Barangay
With The City Prosecutor
19

Directly With MTC / Mctc
With The City Prosecutor Or Ombudsman

Preliminary Investigation
Who May Conduct Preliminary Investigation?
Procedure Before The City Prosecutor (Same Process If Before The Ombudsman) /
Preliminary Investigation Proper
If The Prosecutors Decision Is Reversed
Preliminary Investigation Before The Ombudsman
Can Preliminary Investigation Be The Subject of Injunction?
When Person Is Deprived of His Right To Preliminary Investigation, What Are His
Remedies?

Direct Filing of The Complaint Or Information With The MTC
Complaint Vs. Information
Affidavit of Complaint Vs. Criminal Complaint
Warrantless Arrest
Custodial Investigation (Ra7438)
Custodial Investigation Vs. Preliminary Investigation
Inquest
Requisites For Inquest
Inquest Vs. Preliminary Investigation
Differentiate: Inquest, Custodial Investigation, Preliminary Investigation

Search And Seizure
What Is A Search Warrant?
Where Filed? (126 S2)
Requisites For Issuance of Search Warrant (R126 S3)
Probable Cause
Implementation of Search Warrant (126 S8)
Subjects of Search And Seizure (126 S3)
Issuance of Receipt (And Listing In Inventory) By Implementing officer (R126 S11)
Motion To Quash Search Warrant Or To Suppress; Where To File

Information Shall Be Filed In Court (R110 S4)
Sufficiency of Complaint Or Information
Rule 111 (Salient Provisions) Prosecution of Civil Action
Death of The Accused (R111 S4)
Bp 22 Cases
Prejudicial Question
Elements of Prejudicial Question
Suspension By Reason of Prejudicial Question
Suspension of Separate Civil Action (R111 S2)
Independent Civil Action
Criminal Action Under The Direction of Public Prosecutor
Exceptions

Filing of Information, What Are The Corresponding Remedies?

20

A. Motion To Suspend Arraignment Or Proceedings (Before Arraignment)
B. Motion To Conduct Preliminary Investigation (Before Arraignment)

Motion Requirements
Effect of Failure To Comply With Sections, 4, 5, 6 of Rule 15?
Affidavit of Complaint

C. Motion To Quash (Before Plea)
Form And Contents
Grounds
Exceptions To Double Jeopardy
Provisional Dismissal (R117 S8)
Requisites For Provisional Dismissal
Failure To File Motion To Quash For Illegality of Arrest As Under R117 S3c
MTQ Vs. D2E
MTQ Vs. Mtd

D. Motion For Amendment of The Information/Criminal Complaint (Before
Plea)
Amendment Vs. Substitution
Requisites of A Valid Motion
Bail
Constitutional Basis
Instances When Bail Can Be Posted
Forms of Bail (R114 S1)
Conditions For Bail
Kinds of Bail
Capital offense
Facts To Consider Amount of Bail
Order of Confiscation of Bond Vs. Judgment On Bond
Where Filed
Deposit of Cash As Bail
Corporate Surety
Qualifications of Sureties In Property Bond
Recognizance
When Bail Is Not Necessary

E. Motion For Bill of Particulars (Before Arraignment)
MBP In Civ Pro Vs. Crim Pro
Are There Modes of Discoveries In Criminal Procedure?
Requisites of A Valid Motion

Warrant of Arrest
Remedies Before Issuance of Warrant of Arrest
Remedies When Warrant of Arrest Was Issued
Warrant of Arrest Vs In Custody of The Law
Arrest, How Made
Duty of The Arresting officer
Execution of Warrant
21

Time of Making Arrest
Method of Arrest By officer By Virtue of Warrant
Method of Arrest By officer Without Warrant
Method of Arrest By Private Person
officer May Summon Assistance
Right of officer To Break Into A Building Or Enclosure
Right To Break Out From Building Or Enclosure
Arrest After Escape Or Rescue
Right of Attorney Or Relative To Visit Person

Arraignment And Plea
Arraignment
Constitutional Basis
Where Arraignment Is Made/How Made?
When Arraignment Is Held Within A Shorter Period
Rules On Arraignment
Plea
Period To Plea
When Should Plea of Not Guilty Be Entered
No Plea
Conditional Plea
Exculpatory
Improvident Plea Later Withdrawn
Unconditional Plea of Guilt
Plea Bargaining
Rules

Pre Trial
Importance of Pre-trial
Where Applicable
When?
Considerations In Pre Trial Conference
Pre Trial Agreement
Non Appearance At The Pre Trial Conference
Pre Trial Order
Pre Trial In Civ Pro. Vs. Crim Pro.
Exception, Criminal Cases Are Not Subject of Amicable Settlement/Mediation

Trial
Order of Trial
Prosecutions Evidence In Chief
Demurrer To Evidence (R119 S23
D2E In Civ Pro Vs Crim Pro
Motion For Leave of Court To File Demurrer To Evidence
Can There Be Demurrer To Evidence In Summary Procedure?
Accuseds Evidence In Chief
Rebuttal
Formal offer
Surrebuttal
22

Formal offer
Memorandum

Judgment
Conviction Or Acquittal
Promulgation of Judgment (R120 S6)
Effect of Non Appearance By Accused
Is There Trial In Absentia In A Civil Case?
Child Witness Examination Rule
Sexual Shield Abuse Rule
Juveniles In Conflict With The Law / Juvenile Delinquency

Remedies Before Judgment Becomes Final And Executory
Motion For Reconsideration (R121)
Grounds
M4R of Judgment ofconviction In Criminal Cases Vs. M4r of Final Judgment In Civil
Cases
Motion For New Trial (R121)
MNT In Civ Pro. Vs Crim Pro
Effects of Granting
Reopening of Trial (R119 S24)
M4R Vs. MNT Vs. ROT
Appeal R122 In Relation To R40-42, 45)

Provisional Remedies
Preliminary Attachment
Preliminary Injunction (And Tro)
Receivership
Replevin
Support Pendente Lite

Appeal (Rule 122 In Relation To Rules 40-42, 45, And Applying The
Sandiganbayan Law)
Cases Decided By MTC In The Exercise of Its Original Jurisdiction
Cases Decided By RTC In The Exercise of Its Original Jurisdiction
Cases Decided By The MTC Involving Public officers Salary Grade 26 And Lower
(Penalty < 6 Years)
Cases Decided By RTC Involving Public officers Salary Grade 26 And Lower (Penalty > 6
Years)
Sandiganbayan, In The Exercise of Original Jurisdiction

Remedied After Judgment of Conviction Has Become Final And Executory
Discharge of Witness Vs Witness Protection Program






23

EVIDENCE

Preliminaries
Evidence
Factum Probandum Vs. Factum Probans
Proof Vs. Evidence
Exception To Cline + Administrative, Quasi Judicial Bodies
Exception To Exception
In What Instances Can Factual Issues Be Resolved Without The Need For Evidence?
Sources Of Evidence
Constitutional Basis
Kinds Of Evidence:
Object Evidence
Documentary Evidence
Testimonial Evidence
Relevant Evidence
Material Evidence
Competent Evidence
Cumulative Evidence
Corroborative Evidence
Positive Evidence
Negative Evidence
Preponderance Of Evidence
Substantial Evidence
Proof Beyond Reasonable Doubt
When To Object To Admissibility Of Evidence?
Kinds Of Admissibility
Conditional
Multiple
Curative
Relevancy Vs. Competency
Evidence On Collateral Matters

Rule 129 What Need Not Be Proved
Judicial Notice
What Are Matters Which Are Of Mandatory Judicial Notice?
Differentiate Legislative Function From Adjudicative Function
Discretionary Judicial Notice
Doctrine Of Processual Presumption
Judicial Admissions
Judicial Admissions Vs. Judicial Confession
Admission Vs Confession


Rule 130 Rules Of Admissibility
Object Evidence (130 1)
Documentary Evidence (130 2)
Limitations To Presentation Of Object Evidence
Exceptions To The Limitations
24

Best Evidence Rule
Exceptions To The Best Evidence Rule (Relate To Provisions On Secondary Evidence,
S5-7)
Original In The Possession Of Adverse Party Vs. Production And Inspection Of
Documents Or Things
What Is The Principle Of Irremovability Of Public Record
Parol Evidence
Parol Evidence Vs. Best Evidence
Exceptions
Requisites For Application Of Parol Evidence Rule
What Is The Lord Bacons Rule (Lord Bacon, 1841, Europe)
Kinds Of Ambiguities
Intrinsic/Latent Ambiguity
Extrinsic/Patent Ambiguity
Intermediate Ambiguity
Falsa Demonstration Non Nocet Cum De Corpore Constat
Interpretation Of Documents
Testimonial Evidence
Competency Of Witness Vs. Competency Of Evidence
Competency Of Witness Vs. Credibility Of Witness
Who Are Disqualified To Be Witnesses?
Disqualification By Reason Of Marriage Vs. Disqualification By Reason Of Marital
Privilege
Dead Mans Statute
Requisites (Rule 130 S23)
Disqualifications By Reason Of Privileged Communication
Husband-wife
Attorney-client Relations
Physician-patient (Relate To Physical And Mental Examination Of Persons)
Priest-penitent
State Secrets
Filial Privilege
Admission Vs. Confession
Admission Vs. Declaration Against Interest
Offer Of Compromise
Res Inter Alios Acta (1986, 1988 Bar)
Admission By Co Partner Or Agent (S29)
Admission By Conspirator (S30)
Admission By Privies (S31)
Admission By Silence (S32)
2 Kinds Of Confessions
Judicial Confession
Extrajudicial Confession
Interlocking Confession
Similar Acts As Evidence (S34)
Unaccepted Offer (S35)

Hearsay Rule
Exception
25

Dying Declaration (S37)
Declaration Against Interest (S38)
Declaration Against Interest Vs. Admission
Pedigree (S39)
Family Reputation Or Tradition Regarding Pedigree (S40)
Family Reputation Or Tradition Regarding Pedigree Vs. Act Or Declaration About
Pedigree
Common Reputation (S40)
Res Gestae (S42)
2 Kinds Of Res Gestae
Entries In Regular Course Of Business (S43)
Learned Treatises (S46)
Testimonies/Depositions At Former Proceedings (S47)
How Do You Attack A Dying Declaration?

Rule 131 Disputable / Rebuttable Presumption
Opinion Rule
Exception
Opinion Of Expert Witness (S49)
Opinion Of Ordinary Witness (S50)
Character Evidence
Exception
Burden Of Proof
Burden Of Proof Vs. Burden Of Evidence
Kinds Of Presumptions
Conclusive Presumptions
Estoppel In Pais (131 S2a)
Estoppel By Tenant (131 S2b)
Disputable/Rebuttable Presumptions

Rule 132 Presentation Of Evidence
Rights And Obligations Of A Witness
Direct Examination
Cross Examination
Re Direct Examination
Re Cross Examination
Recalling Of Witness
Leading Questions
Exception
Misleading Questions
Impeachment Of Adverse Partys Witness
Party May Not Impeach Own Witness
How Witness Impeached By Evidence Of Inconsistent Witness
Evidence Of Good Character Of A Witness
Exclusion And Separation Of A Witness
When Witness May Refer To Memorandum
When Part Of Transaction, Writing, Or Recorder Is Given In Evidence, The Remainder Is
Admissible
Right To Inspect Writing Shown To Witness
26

Classes Of Documents
Public & Private Documents
Proof Of Private Document
When Evidence Of Authenticity Of Private Document Is Not Necessary
How Genuiness Of Handwriting Is Proved
Documents Consisting Of Entries In Public Records
When Admissible For Any Purpose
Copy Of A Document Or Record Is Attested For The Purpose Of The Evidence
Irremovability Of Public Record
Public Record Of A Private Document
Proof Of Lack Of Record
Impeaching Judicial Records
Proof Of Notarial Documents
Alterations In Document, How To Explain
Seal
Documentary Evidence In An Unofficial Language

Offer And Objection
Offer Of Evidence
Offer Of Evidence Vs. Offer Of Testimony
Offer Of Evidence Vs. Formal Offer Of Proof
When To Make Offer
Objection
Kinds Of Objections
Broadside Objections Vs. Specific Objections
Continuing Objections
Ruling On Objections
Not Responsive, Strike Out Answer
Tender Of Excluded Evidence
Admissibility Vs. Probative Value

Rule 133 Weight And Sufficiency Of Evidence
Preponderance Of Evidence
Considerations The Court May Consider
Substantial Evidence
Proof Beyond Reasonable Doubt
Extrajudicial Confession
Circumstantial Evidence
Dna Evidence
Polygraph
Search Incidental To Lawful Arrest
Sexual Shield Abuse Rule
Depositions