Reviewer Rem Finals

Pearl remedial reviewer
Reviewer for midterms-

Remedial Law Review- Atty.
Tan
CIVIL PROCEDURE
Definition:
a. Rue makng power of the
Supreme Court
-art. 8, secton 5, par.5, 1987
consttuton provdes for the rue
makng power of the SC:
- Promugate rues
concernng the protecton and the
enforcement of consttutona
rghts, peadngs, practce and
procedure n a courts, the
admsson to the practce of aw,
the Integrated Bar, and ega
assstance to the underprveged.
Such rues sha provde a
smpfed and nexpensve
procedure for the speedy
dsposton of cases, sha be
unform for a courts of the same
grade, and sha not dmnsh,
ncrease, or modfy substantve
rghts. Rues of procedure of
speca courts and quas-|udca
bodes sha reman effectve uness
dsapproved by the Supreme Court.
. Forum Shoppng
-s an act of mapractce that s
proscrbed and condemned as
trfng wth the courts and abusng
ther processes. It s mproper
conduct that tends to degrade the
admnstraton of |ustce.
!. Prncpe of Herarchy of
Court
- ths prncpe means that a hgher
court w not entertan drect resort
to t uness the redress desred
cannot be obtaned n the
approprate courts.
d. Temporary Restranng
Order
-summary hearng
-prevents the dong of an act
-requres the postng of a bond
-the |udge may ssue ex parte a
TRO effectve ony for 72 hours
from ssuance
-ts effectvty may be extended
after conductng a summary
hearng wthn the 72hours perod
unt the appcaton for premnary
n|uncton can be heard.
-the tota perod of the effectvty of
the TRO sha not exceed 20 days
ncudng the 72 hours.
e. Prncpe of Recoupment
Remedies:
a. Faure to compy wth the
condton precedent (brgy.
concaton)
-non referra of the case wth the
Barangay
-remedy: defendant may fe a
moton to dsmss the case on the
ground of prematurty or faure to
state a cause of acton under sec.1
based on faure to compy wth the
condton precedent.
-amcabe settement/ compromse
agreement/ non-compance
-remedy: executon of the amcabe
settement wthn 6 months after
the date of settement under Sec.
417 of RA 7160.
-repudaton of the
settement wthn 10 days from the
date of settement by sworn
statement on the ground that the
consent was vtated by fraud,
voence, or ntmdaton under Sec.
418 of RA 7160
1
-annument of compromse
agreement
-ssuance of certfcate to fe
acton.
. Rue 3
-sec2 rue3; rea party n nterest
-remedy: f the case s not brought
n the name or aganst the rea
party n nterest a moton to
dsmss may be fed on the ground
that the compant states no cause
of acton.
-sec.10 rue 3: unwng co-pantff
-remedy: make the unwng co-
pantff as one of the defendants or
mpead the sad unwng co-
pantff.
-sec.11 rue 3: ms|onder or non-
|onder of partes
-remedy: (not a ground for
dsmssa of the acton) moton to
mpead or strke out the party
defendant, n case of ms|onder, a
separate acton may be fed
aganst the party ms|oned.
-sec.16 rue3: death of a party:
-remedy: moton for substtuton of
partes
-sec. 20 rue 3: death of a party on
a contractua money cams
-remedy: before entry of |udgment
acton sha contnue, and decson
sha be enforced aganst the
estate of the deceased.
-sec. 21 rue 3: pauper tgant
-remedy: moton to prosecute as
pauper tgant, on the part of the
adverse party he may fe an
opposton to the moton contestng
the grant of such authorty by
showng that the pantff has
means of vehood or propertes.
!. Rue 57
-sec 12 rue 12: dscharge of the
wrt of attachment
-remedes: n the case of ssuance
of wrt of attachment- defendant
may fe a moton to dscharge
attachment and by fng the
necessary counter-bond sec 12 rue
57
-or he may fe a moton to quash
wrt of attachment on the grounds
specfed under sec 13 rue 57
-n case of dena, fe a moton for
reconsderaton, and f dened fe a
petton for certorar.
d. Rue 65 n re to rue 41-
nterocutory order
e. Rue 9- moton to set asde
an order of defaut
remedy: n case of order of
defaut- fe a moton to ft the
order of defaut under oath on the
ground of FAME wth affdavt of
mert n accordance wth sec. 3 rue
9. n case t s dened, fe a moton
for reconsderaton, f dened, fe a
petton for certorar under rue 65,
the order beng nterocutory under
sec 1 rue 41, and f dened fe a
moton for reconsderaton and f
dened fe a petton for revew on
certorar under rue 45.
Or, fe a moton to admt
answer together wth the attached
answer, before the rendton of
|udgment by defaut.
Petton for reef from the
fna order of defaut on the ground
of FAME wth affdavt of mert.
f. Dena on moton to amend a
compant
rue 10: amendment of
peadngs
2
on the part of the pantff:
moton to amend peadngs wth
attached amended peadng before
the fng of responsve peadng
even there s aready a moton to
dsmss. In case of dena of the
moton, fe a petton for
mandamus under sec 3 rue 65,
snce t s mnstera for the court
to aow amendment before the
fng of responsve peadngs beng
a matter of rght.
- On the part of the
defendant: defendng
party may fe an
answer to the amended
peadng or compant.
Defendng party may
aso fe hs comment
or opposton to the
moton to amend.
". Executon- petton for
mandamus (Rue 65)
Sec. 3. Petton for mandamus.
When any trbuna,
corporaton, board, offcer or
person unawfuy negects the
performance of an act whch the
aw specfcay en|ons as a duty
resutng from an offce, trust, or
staton, or unawfuy excudes
another from the use and
en|oyment of a rght or offce to
whch such other s entted, and
there s no other pan, speedy and
adequate remedy n the ordnary
course of aw, the person
aggreved thereby may fe a
verfed petton n the proper court,
aegng the facts wth certanty
and prayng that |udgment be
rendered commandng the
respondent, mmedatey or at
some other tme to be specfed by
the court, to do the act requred to
be done to protect the rghts of the
pettoner, and to pay the damages
sustaned by the pettoner by
reason of the wrongfu acts of the
respondent.
The petton sha aso contan a
sworn certfcaton of non-forum
shoppng as provded n the thrd
paragraph of secton 3, Rue 46.
#. Moton for reconsderaton
was dened- petton for
certorar (Rue 65)
-remedy: damages are excessve /
evdence s nsuffcent/ contrary to
aw- moton for reconsderaton. If
the moton s dened- appea from
the |udgment.
i. |udgment on compromse-
how to set asde?
$. Annument of |udgment-
how?
-remedy: fna and executory
|udgment, order, resouton of the
RTC- party may fe a petton for
annument of |udgment before the
court of appeas on the ground
fraud (wth affdavt of mert) or
ack of |ursdcton.
%. When the demurrer to
evdence s granted-
remedes
-on the part of the defendant: after
the pantff has rested hs case and
based on nsuffcency of evdence-
defendant may fe a moton for
demurrer to evdence.
-on the part of the pantff: n case
the moton s granted- pantff may
fe an appea snce t s an
ad|udcaton on the merts.
Distin"&is#:
3
a. error of |ursdcton vs. error
of |udgment
Error of
$&risdi!tion
Error of
$&d"ment
one where the
court, offcer or
quas-|udca
body acts
wthout or n
excess of
|ursdcton, or
wth grave
abuse of
dscreton.
one that the
court may
commt n the
exercse of
|ursdcton, t
ncudes errors
of procedure or
mstakes n the
courts fndngs.
t renders the
|udgment vod
or at east
vodabe
such an error
does not make
the courts
decson vod.
correctbe by
certorar
correctbe by
appea
. compusory countercam vs.
permssve countercam
CO'PUL(OR)
COU*TERCLAI
'
PER'I((IVE
COU*TERCLAI
'
(1) One whch
arses out of or
s necessary
connected wth
the transacton
or occurrence
that s the
sub|ect matter
of the opposng
partys cam.
(1) It does not
arse out of nor
s t necessary
connected wth
the sub|ect
matter of the
opposng partys
cam.
(2) It does not
requre for ts
ad|udcaton the
presence of thrd
partes of whom
the court cannot
acqure
|ursdcton.
(2) It may
requre for ts
ad|udcaton the
presence of thrd
partes over
whom the court
cannot acqure
|ursdcton.
(3) It s barred f (3) It s NOT
not set up n the
acton.
barred even f
not set up n the
acton.
(4) Need not be
answered; no
defaut.
(4) Must be
answered,
otherwse, the
defendant can
be decared n
defaut.
!. summary |udgment vs.
|udgment on the peadngs
(U''AR)
+UD,'E*T
+UD,'E*T O*
T-E
PLEADI*,(
based on the
peadngs,
depostons,
admssons and
affdavts
based soey on
the peadngs.
avaabe to
both pantff
and defendant
generay
avaabe ony to
the pantff,
uness the
defendant
presents a
countercam.
there s
no genune
ssue between
the partes, .e.
there may be
ssues but these
are rreevant
there s no
ssue or there s
an admsson of
matera
aegatons.
10-day notce
requred
3-day notce
requred
May be
nterocutory or
on the merts
On the merts
d. moton to dsmss vs.
demurrer to evdence
'OTIO* TO
DI('I((
U*DER RULE
'OTIO* TO
DI('I((
U*DER RULE
4
./ 00 1dem&rrer
to eviden!e2
grounded on
premnary
ob|ectons.
based on
nsuffcency of
evdence.
may be fed by
any defendng
party aganst
whom a cam s
asserted n the
acton.
may be fed
ony by the
defendant
aganst the
compant of the
pantff.
shoud be fed
wthn the tme
for but pror to
the fng of the
answer of the
defendng party
to the peadng
assertng the
cam aganst
hm.
may be fed
ony after the
pantff has
competed the
presentaton of
hs evdence.
e. res |udcata, concusveness
of |udgment, aw of the case
-concusveness of |udgment - ths
doctrne precudes the retgaton
of an ssue n a subsequent acton
between the same partes or ther
successor n nterest where such
ssue had aready been tgated by
the partes n a prevous acton
even f the causes of acton are
dfferent. Does not necessary bar
the fng of another acton between
the same partes. What the
doctrne bars s the re-tgaton of
the ssues.
-res |udcata n ts aspect and
understood as bar by a pror
|udgment, precudes the fng of
another acton between the same
partes on the same sub|ect matter
and for the same causes of acton.
Here the |udgment n the frst
acton s concusve and consttutes
a bar on every matter sub|ect of
the frst acton. It bars not ony the
ssues tgated but the cam tsef.
En&meration:
a. effects of death of a party
- (e!tion ./. Deat# of 3arty4
d&ty of !o&nsel.
The death of the cent w
requre hs substtuton by hs ega
representatve to be ordered by the
court wheren the case s pendng,
or even the appontment of an
executor or admnstrator, but ths
tme, by a court of probate
|ursdcton.
In the case of ncapacty or
ncompetency of the party, ths fact
w merey enta the appontment
of a guardan ad litem by the court
tryng the case upon beng
nformed thereof by counse of the
partes, the partes themseves, or
other reabe sources.
These provsons appy where
the cam survves and regardess
of whether ether the pantff or
the defendant des or whether the
case s n the tra or appeate
courts. No summons s requred to
be served on the substtuted
defendants. Instead, the order of
substtuton sha be served upon
the partes substtuted n the
acton, otherwse the court does
not acqure |ursdcton over the
substtute party.
If there s faure to notfy the fact
of death: the case may contnue
and proceedngs w be hed vad,
5
and |udgment w bnd the
successors n nterest.
The court cannot compe the
awyer to contnue wth the tra
after the awyer has notfed the
court of the death of hs cent.
Otherwse, the entre proceedng s
nu and vod; the court woud have
no |ursdcton over the estate, the
hers and the executors or
admnstrators 1Lawas vs. CA .5/
(CRA .602
b. grounds for ssuance of wrt
of premnary n|uncton
(prevous exam: premnary
attachment)
Sec. 3, Rue 58
A premnary n|uncton may be
granted when t s estabshed:
a. that the appcant s
entted to the reef demanded,
and the whoe or part of such reef
conssts n restranng the
commsson or contnuance of the
acts companed of, or n requrng
the performance of an act or acts,
ether for a mted perod or
perpetuay;
b. that the commsson,
contnuance or non performance of
the act or acts companed of
durng the tgaton woud probaby
work n|ustce to the appcant; or
c. that a party, court, or
agency or a person s dong,
threatenng, or s attemptng to do,
or s procurng or sufferng to be
done, some act or acts probaby n
voaton of the rghts of the
appcant respectng the sub|ect of
the acton or proceedng, and
tendng to render the |udgment
neffectua.
!. notce of s pendens- when
(grounds for canceaton)
t s a notce of pendency of
the acton between the partes
nvovng tte to or rght of
possesson over rea property.
Requstes:
Acton affects
the tte or the
rght of
possesson of
the rea
property.
Affrmatve
reef s camed
Notce sha
contan the
name of the
partes and the
ob|ect of the
acton or
defense and a
descrpton of
the property
affected
thereby; and
Acton n rem
Grounds for canceaton:
-the notce s for the purpose
of moestng the adverse party; or
-t s not necessary to protect
the rghts of the party who caused
t to be recorded.
d. grounds for new tra
e. nstances when appea s not
avaabe-Rue 41
Prolems:
a. about the effect of the
amended compant wthout
certfcaton of non-forum
shoppng
6
-faure to compy wth the
requrement sha not be curabe by
mere amendment of the compant
or other ntatory peadng but ha
be cause for the dsmssa of the
case wthout pre|udce uness
otherwse provded upon moton
and hearng (sec 5 r7)
. f you were the |udge w you
dsmss the case? Grounds
-yes, sec5 r7
!. defendants ded whe the
case s pendng. Decde
- sec20 r3, when the
acton s for recovery of
money arsng from
contract, express or
mped and the
defendant des before
entry of fna |udgment
n the court n whch
the acton was pendng
at the tme of such
death, t sha not be
dsmssed but sha
nstead be aowed to
contnue unt entry of
fna |udgment.
Concurrence of the foowng
requstes:
a. the acton be one for
recovery of money
b. the money sought to
be recovered arses
from contracts, express
or mped
c. the defendant des
before entry of fna
|udgment n the court
n whch the acton s
pendng.
d. the answer was not verfed,
remedy of the pantff ? w
you grant the moton for
|udgment on the peadngs?
-remedy: peadngs may be
amended or the court may order
that the peadng may be verfed
at the dscreton of the court.
-opposng party- n case the
peadng s unverfed contrary to
the requrements of the rues, the
adverse party may move to strke
out the peadng from the record
of the case.
e. The case was dsmssed due
to pantffs faure to
prosecute, same acton was
fed by the pantff,
defendant moved for the
dsmssa on the ground of
res |udcata. Decde
Essenta condtons whch must
concur n order that res |udcata
may effectvey appy are:
a. the |udgment sought to bar
the new acton must be fna
b. the decson must have been
rendered by a court havng
|ursdcton over the sub|ect
matter and the partes
c. the dsposton of the case
must be a |udgment or order
on the merts
d. there must be between the
frst and second acton
dentty of the partes,
dentty of sub|ect matter and
dentty of causes of acton.
Definition and en&merations:

.. Propertes exempt from
executon
Except as otherwse expressy
provded by aw, the foowng
7
property, and no other, sha be
exempt from executon:

(a) The |udgment obgors famy
home as provded by aw, or the
homestead n whch he resdes,
and and necessary used n
connecton therewth;
(b) Ordnary toos and mpements
personay used by hm n hs trade,
empoyment, or vehood;
Three horses, or three cows, or
three carabaos, or other beasts of
burden such as the |udgment
obgor may seect necessary used
by hm n hs ordnary occupaton;
(d) Hs necessary cothng and
artces for ordnary persona use,
excudng |ewery;
(e) Househod furnture and
utenss necessary for
housekeepng, and used for that
purpose by the |udgment obgor
and hs famy, such as the
|udgment obgor may seect, of a
vaue not exceedng one hundred
thousand pesos;
(f) Provsons for ndvdua or
famy use suffcent for four
months;
(g) The professona brares and
equpment of |udges, awyers,
physcans, pharmacsts, dentsts,
engneers, surveyors, cergymen,
teachers, and other professonas,
not exceedng three hundred
thousand pesos n vaue;
(h) One fshng boat and
accessores not exceedng the tota
vaue of one hundred thousand
pesos owned by a fsherman and
by the awfu use of whch he earns
hs vehood;
() So much of the saares, wages,
or earnngs of the |udgment obgor
of hs persona servces wthn the
four months precedng the evy as
are necessary for the support of hs
famy;
(|) Lettered gravestones;
(k) Mones benefts, prveges, or
annutes accrung or n any
manner growng out of any fe
nsurance;
() The rght to receve ega
support, or money or property
obtaned as such support, or any
penson or gratuty from the
Government;
(m) Propertes specay exempt by
aw.

But no artce or speces of
property mentoned n hs secton
sha be exempt from executo
ssued upon a |udgment recovered
for ts prce or upon a |udgment of
forecosure of a mortgage thereon.
7.
(U''AR)
+UD,'E*T
+UD,'E*T O*
T-E
PLEADI*,(
based on the
peadngs,
depostons,
admssons and
affdavts
based soey on
the peadngs.
avaabe to
both pantff
and defendant
generay
avaabe ony to
the pantff,
uness the
defendant
presents a
countercam.
there s
no genune
ssue between
the partes, .e.
there may be
ssues but these
there s no
ssue or there s
an admsson of
matera
aegatons.
8
are rreevant
10-day notce
requred
3-day notce
requred
May be
nterocutory or
on the merts
On the merts
0. VENUE OF ACTIONS
Secton 1. Venue of rea actons.
Actons affectng tte to or
possesson of rea property, or
nterest theren, sha be
commenced and tred n the proper
court whch has |ursdcton over
the area wheren the rea property
nvoved, or a porton thereof, s
stuated.
Forcbe entry and detaner actons
sha be commenced and tred n
the muncpa tra court of the
muncpaty or cty wheren the
rea property nvoved, or a porton
thereof, s stuated.
Sec. 2. Venue of persona actons.
A other actons may be
commenced and tred where the
pantff or any of the prncpa
pantffs resdes, or where the
defendant or any of the prncpa
defendants resdes, or n the case
of a non-resdent defendant where
he may be found, at the eecton of
the pantff.
Sec. 3. Venue of actons aganst
non-resdents.
If any of the defendants does not
resde and s not found n the
Phppnes, and the acton affects
the persona status of the pantff,
or any property of sad defendant
ocated n the Phppnes, the
acton may be commenced and
tred n the court of the pace
where the pantff resdes, or
where the property or any porton
thereof s stuated or found.
Sec. 4. When Rue not appcabe.
This Rule shall not apply:
(a) In those cases where a
specfc rue or aw provdes
otherwse; or
(b) Where the partes have
vady agreed n wrtng before the
fng of the acton on the excusve
venue thereof.

Re8&isites for ven&e to e
e9!l&sive:
(a)A vad wrtten agreement
(b)Executed by the partes before
the fng of the acton; and
(c) Agreement to the excusve
nature of the venue.
In the absence of quafyng or
restrctve words, venue stpuaton
s merey permssve meanng that
the stpuated venue s n addton
to the venue provded for n the
rue 1Polytrade Cor3. vs. :lan!o
0; (CRA .<62
'eans of waivin" ven&e:
1) faure to ob|ect by means of
moton to dsmss
(2) affrmatve reef sought n the
court where the case s fed
(1)vountary submsson to the
court where the case s fed
(2)aches
I= PROPERT) I( LOCATED AT
T-E :OU*DARIE( O= T>O
PLACE(: fe one case n ether
pace at the opton of the pantff.
I= CA(E I*VOLVE( T>O
PROPERTIE( LOCATED I* T>O
DI==ERE*T PLACE(:
9
(a)If the propertes are the ob|ect
of the same transacton, fe t n
any of the two paces.
(b) If they are the sub|ects of two
dstnct transactons, separate
actons shoud be fed n each
pace.
5. Procedura rghts for vadty of
|udgment
a. t must be n wrtng
b. t must be personay
and drecty prepared
by the |udge
c. t must state ceary
and dstncty the facts
and the aw on whch t
s based.
d. It must be sgned by
the |udge
e. It must be fed wth the
cerk of court.
?.
VE*UE +URI(DICTIO*
1. pace where
the acton s
nsttuted
1. power of the
court to hear
and decde a
case
2. may be
waved
2. |ursdcton
over the sub|ect
matter and over
the nature of the
acton s
conferred by aw
and cannot be
waved
3.procedura 3.substantve
4.may be
changed by the
wrtten
agreement of
the partes
4. cannot be the
sub|ect
of the
agreement of
the partes
/.
CO'PUL(OR) PER'I((IVE
COU*TERCLAI
'
COU*TERCLAI
'
(1) One whch
arses out of or
s necessary
connected wth
the transacton
or occurrence
that s the
sub|ect matter
of the opposng
partys cam.
(1) It does not
arse out of nor
s t necessary
connected wth
the sub|ect
matter of the
opposng partys
cam.
(2) It does not
requre for ts
ad|udcaton the
presence of thrd
partes of whom
the court cannot
acqure
|ursdcton.
(2) It may
requre for ts
ad|udcaton the
presence of thrd
partes over
whom the court
cannot acqure
|ursdcton.
(3) It s barred f
not set up n the
acton.
(3) It s NOT
barred even f
not set up n the
acton.
(4) Need not be
answered; no
defaut.
(4) Must be
answered,
otherwse, the
defendant can
be decared n
defaut.
6 . Secton 12. Cass sut .
RE@UI(ITE( O= A CLA((
AREPRE(E*TATIVE (UIT:
(a) sub|ect matter of the
controversy s one of common
or genera nterest to many
persons;
(b)partes affected are so
numerous that t s
mpractcabe to brng them a
before the court;
(c) partes brngng the cass sut
are suffcenty numerous or
representatve of the cass and
10
can fuy protect the nterests of
a concerned.
8. Re8&isites of 3ermissive
$oinder of 3arties.
(1) rght to reef arses out of the
same transacton or seres of
transactons;
(2) there s a queston of aw or fact
common to a the pantffs or
defendants; and
(3) such |onder s not otherwse
proscrbed by the provsons of
the Rues on |ursdcton and
venue.
B. Secton 1. Who may ntervene.
Who may ntervene:
(a)One who has ega nterest n
the matter n tgaton
(b)One who has ega nterest n
the success of ether of the
partes,
(c) One who has an nterest aganst
both partes
(d)One who s so stuated as to be
adversey affected by a
dstrbuton or other dsposton
of property n the custody of the
court or of an offcer thereof
=ACTOR( TO :E CO*(IDERED
:) T-E COURT:
(a)Whether or not the nterventon
w unduy deay or pre|udce
the ad|udcaton of the rghts of
the orgna partes
(b)Whether or not the ntervenors
rghts may be fuy protected n
a separate proceedng
.;. KINDS OF SERVICE OF
SUMMONS:
(1) persona servce
(2) substtuted servce
(3) by pubcaton
(4)any other form of servce as the
courts deemed suffcent
(ERVICE O= (U''O*( O*
DI==ERE*T E*TITIE(
A.
(ERVICE
O*
E*TIT)
>IT-OU
T
+URIDICA
L
PER(O*A
LI-T)
-upon any or a
defendants beng sued
under common name;
or
-person n charge of
offce
:.
(ERVICE
UPO*
'I*OR(
A*D
I*CO'PE
-TE*T(
-serve personay and
on guardan or any
person exercsng
parenta authorty
over hm;
HOW.
In case of mnors:
by servng upon the
mnor, regardess of
age, AND upon hs
ega guardan, or aso
upon ether of hs
parents.
In case of
ncompetents: by
servng on hm
personay AND upon
hs ega guardan, but
not upon hs parents,
uness when they are
hs ega guardans
IN ANY EVENT, f the
mnor or ncompetent
has no ega guardan,
the pantff must
obtan the
appontment of a
guardan ad tem for
11
hm.
C.
(ERVICE
UPO*
PRI(O*E
R
- serve on offcer
havng management
of the |a or prson
D.
(ERVICE
UPO*
DO'E(TI
C
PRIVATE
+URIDICA
L E*TIT)
-To the presdent,
managng partner,
genera manager,
corporate secretary,
treasurer, or n-house
counse.
* Servce upon a
person other than
those mentoned s
nvad and does not
bnd the corporaton.
E.
(ERVICE
UPO*
=OREI,*
PRIVATE
+URIDICA
L E*TIT)
- serve on resdent
agent ; or f none;
- govt offca
desgnated by aw; or
- on any offcer or
agent of the
corporaton wthn the
Phppnes.
=.
(ERVICE
UPO*
PU:LIC
CORPORA
-TIO*(
- n case defendant s
the Repubc of the
Phppnes - by
servng upon the
Soctor Genera
- n case of a
provnce, cty or
muncpaty, or ke
pubc corporatons -
by servng on ts
executve head, or on
such other offcer or
offcers as the aw or
the court may drect.
,.
ECTRA-
TERRITO-
RIAL (ER-
VICE
1. Requstes
a. defendant does not
resde or s not found
wthn the Ph.
b. the acton ether:
* affects the status of
pantff;
*reates to or the
sub|ect of whch s
property wthn the
Phppnes n whch
defendant has a en
or nterest;
*demands a reef
whch conssts whoy
or n part n excudng
the defendant from
any nterest n any
property wthn the
Ph; or
*property of defendant
has been attached n
the Ph.
2. Mode of servce
a. wth eave of court
served
outsde the Ph. by
persona servce; or
b. wth eave of court
serve by
pubcaton n a
newspaper
of genera crcuaton,
n
whch case copy of
the
summons and order of
court must aso be
sent by
regstered ma to the
ast
known address of
defendant; or
c. any other manner
the
court deem suffcent.
-.
(ERVICE
UPO*
RE(IDE*
T
Substtuted servce or
wth eave of court,
persona servce out of
the Ph. as under
extraterrtora servce
12
TE'PORA
-RIL)
OUT
O= T-E
P-IL
... GENERAL RULE: court cannot
refuse executon
U*LE((: (UCNID)
1. Executon s UN|UST OR
IMPOSSIBLE
2. Equtabe grounds ke a CHANGE
IN SITUATION
3. |udgment NOVATED by partes
4. Executon s en|oned
5. |udgment has become
DORMANT
Ouasha of wrt proper when:
1. Improvdenty ssued
2. Defectve n substance
3. Issued aganst the wrong party
4. |udgment aready satsfed
5. Issued wthout authorty
.7.
CIVIL CA(E( CRI'I*AL
CA(E(
1. defendant
need not ask for
eave of court;
1. eave of court
s necessary so
that the accused
coud present
hs evdence f
the demurrer s
dened
3. f court denes
demurrer,
defendant
w present hs
evdence
3. f court denes
the demurrer:
a. f demurrer
was wth eave,
accused may
present hs
evdence
b. f the
demurrer was
wthout eave,
accused can no
onger present
hs evdence and
submts the case
for decson
based on the
pr1osecutons
evdence
.0 . RULE 23 DEPOSITIONS
PENDING ACTION
R&les 70-7< 3rovide for t#e
DI==ERE*T 'ODE( O=
DI(COVER).
DI(COVER) - s the procedure by
whch one party n an acton s
enabed to obtan before tra
knowedge of reevant facts and of
matera evdence n the
possesson of the adverse party or
of a wtness.
Ratonae of dscovery: to
enabe the partes to obtan the
fuest possbe knowedge of the
ssues and evdence ong before
the tra to prevent such tra from
beng carred on n the dark.
(e!tion .. De3ositions 3endin"
a!tionD w#en may e ta%en.
DEPO(ITIO* - s a wrtten
testmony of a wtness gven n the
course of a |udca proceedng n
advance of the tra or hearng
upon ora examnaton or n
response to wrtten nterrogatores
and where an opportunty s gven
for cross-examnaton.
Depostons are ntended as a
means to compe dscosure of
facts restng n the knowedge of a
party or other person, whch are
reevant n a sut/proceedng.
13
CLA((I=ICATIO*( O=
DEPO(ITIO*(:
(a)Depostons on ORAL
EXAMINATION and Depostons
upon WRITTEN
INTERROGATORIES
(b)Depostons DE BENE ESSE
(those taken for purposes of a
pendng acton); and,
(c) Depostons IN PERPETUAM REI
MEMORIAM (Rue 24)
(those taken to perpetuate
evdence for purposes of
antcpated acton, or n the event
of further proceedngs n a case on
appea, and to preserve t aganst
danger of oss.)
Ths Rue reguates depostons
de bene esse
Dscovery s NOT MANDATORY
but faure to ava carres sanctons
n R&les 7? and 7/.
LI'ITATIO*(:
(a)examnaton s conducted n bad
fath
(b) examnaton s conducted n
such a manner as to annoy,
embarrass or oppress the
person sub|ect to the nqury
(c) when the nqury touches upon
rreevant or encroaches upon
the recognzed domans of
prvege.
>-E* TAEE*:
WITH LEAVE OF COURT
(a)after |ursdcton has been
obtaned over any defendant or
over the property whch s the
sub|ect of the acton and
BEFORE answer.
(b)Deposton of a person confned
n prson.
WITHOUT LEAVE OF COURT
(a) AFTER answer and deponent s
not confned n prson.
(e!tion 0. E9amination and
!ross-e9amination.
(e!tion 5. Use of de3ositions.
Where the wtness s avaabe
to testfy and the stuaton s not
one of those excepted under Sec.
4, hs deposton s nadmssbe n
evdence and he shoud be made to
testfy.
It can be used as evdence by a
party for any purpose under the
specfc condtons n Sec. 4.
DEPO*E*T U(E
any by any party
for contradctng
or mpeachng
the testmony of
deponent as
wtness
a party or any
one who at the
tme of the
deposton was
an OFFICER,
DIRECTOR, or
MANAGING
AGENT of a
pubc or prvate
corp.,
partnershp, or
assocaton
whch s a party
by an adverse
party for any
purpose
wtness,
whether or not a
party
by any party
for any purpose
f the court fnds
the 5 nstances
occurrng
SCOPE OF INOUIRY IN
DEPOSITIONS:
14
1. Matter whch s reevant to the
sub|ect of the pendng acton;
2. Not prveged
3. Not restrcted by a protectve
order
(e!tion .;. Persons efore
w#om de3ositions may e
ta%en wit#in t#e P#ili33ines.
(e!tion ... Persons efore
w#om de3ositions may e
ta%en in forei"n !o&ntries.
Persons before whom
depostons may be take:
WITHIN THE PHILIPPINES:
(a)|udge
(b)notary pubc
(c) any person authorzed to
admnster oaths, as stpuated
by the partes n wrtng
OUTSIDE THE PHILIPPINES:
(a)on notce, before a secretary of
embassy or egaton, consu
genera, consu, vce-consu, or
consuar agent of the Ph.
(b) before such person or offcer as
may be apponted by
commsson or etters rogatory
(c) any person authorzed to
admnster oaths, as stpuated
by the partes n wrtng
(e!tion .7. Commission or
letters ro"atory.
CO''I((IO* LETTER(
RO,ATOR)
ssued to a
non-|udca
foregn offcer
who w drecty
take the
testmony
ssued to the
approprate
|udca offcer of
the foregn
country who w
drect somebody
n sad foregn
country to take
down testmony
appcabe
rues of
procedure are
those of the
requestng court
appcabe
rues of
procedure are
those of the
foregn court
requested to act
resorted to f
permsson of
the foregn
country s gven
resorted to f
the executon of
the commsson
s refused n the
foregn country
eave of court
s not
necessary
eave of court s
necessary
(e!tion .<. 'otion to
terminate or limit e9amination.
WHEN TO FILE:
(a)any tme durng the takng of
the deposton
(b)on moton or petton of any
party or of the deponent; or
(c) upon showng that the
examnaton s conducted n
1. bad fath
2. n such manner as unreasonaby
to annoy, embarrass, or oppress
the deponent or party
RULE 75 DEPO(ITIO*( :E=ORE
ACTIO* OR PE*DI*,
APPEAL
(e!tion .. De3ositions efore
a!tion4 3etition.
Ths Rue reguates the takng of
depostons in perpetuam rei
memoriam.
Depostons under ths Rue are
aso taken condtonay, to be used
15
at the tra ony n case the
deponent s not avaabe.
Depostons under ths Rue do
not prove the exstence of any
rght and the testmony
perpetuated s not n tsef
concusve proof, ether of the
exstence of any rght nor even of
the facts to whch they reate, as t
can be controverted at the tra n
the same manner as though no
perpetuaton of testmony was ever
had. However, n the absence of
any ob|ecton to ts takng, and
even f the deponent dd not testfy
at the hearng, the perpetuated
testmony consttutes prima facie
proof of facts referred to n the
deposton.
(e!tion /. Use of de3osition.
If deposton s taken under ths
Rue, t may be used n any acton
nvovng the SAME SUB|ECT
MATTER subsequenty brought.
(e!tion 6. De3ositions 3endin"
a33eal.
Sec. 7 s the procedure n
perpetuatng testmony AFTER
|UDGMENT IN THE RTC and
DURING THE PENDENCY OF AN
APPEAL.
RULE 7? I*TERRO,ATORIE( TO
PARTIE(
(e!tion .. Interro"atories to
3arties4 servi!e t#ereof.
PURPOSE of Wrtten
Interrogatores: to ect facts from
any adverse party (answers may
aso be used as admssons of the
adverse party)
Wrtten nterrogatores and the
answers thereto must both be
FILED and SERVED.
(e!tion 5. *&mer of
Interro"atories.
(e!tion ?. (!o3e and &se of
interro"atories.
A party may serve wrtten
nterrogatores:
WITHOUT LEAVE OF COURT - after
answer has been served, for the
frst set of nterrogatores.
WITH LEAVE OF COURT - before
answer has been served (reason: at
that tme, the ssues are not yet
|oned and the dsputed facts are
not yet cear, when more than one
set of nterrogatores s to be
served.)
A |udgment by defaut may be
rendered aganst a party who fas
to answer wrtten nterrogatores
The varous modes of dscovery
are ceary ntended to be
cumuatve, and not aternatve or
mutuay excusve.
(e!tion /. Effe!t of fail&re to
serve written interro"atories.
The provson and Rue 26 are
drected to the party who fas and
refuses to RESORT to the dscovery
procedures, and shoud not be
confused wth the provsons of
Rue 29 whch provdes for
sanctons or other consequences
upon a party who refuses or fas to
COMPLY wth dscovery procedures
duy avaed of by opponent.
The |ustfcaton for ths
provson s that the party n need
16
of reevant facts havng foregone
the opportunty to nqure nto the
same from the other party through
means avaabe to hm, he shoud
not thereafter be permtted to
unduy burden the atter wth
courtroom appearances or other
cumbersome processes.
Uness a party had been served
wrtten nterrogatores, he may not
be compeed by the adverse party:
(a)to gve testmony n open court,
or
(b) gve a deposton pendng
appea. The ony excepton s
when the court aows t for
GOOD CAUSE shown and to
prevent a faure of |ustce.
De3ositio
ns U3on
>ritten
Interro"a
tories to
Parties
&nder
R&le 70
(e!. 7?
Interro"a
tories to
Parties
&nder
R&le 7?
As to
De3onen
t
1. party or
ordnary
wtness
1. party
ony
As to
Pro!ed&r
e
2. wth
ntervent
on of the
offcer
authorzed
by the
Court to
take
deposton
2.no
ntervent
on.
Wrtten
nterrogat
ores are
drected
to the
party
hmsef
As to
(!o3e
3. drect,
cross,
3. ony
one set of
redrect,
re-cross
nterrogat
ores
Interro"a
tories
4. no fxed
tme
4. 15 days
to answer
uness
extended
or reduced
by the
court
RULE 7/ AD'I((IO* :)
ADVER(E PART)
(e!tion .. Re8&est for
admission.
PURPOSE OF wrtten request for
admsson s to expedte tra and
reeve the partes of the costs of
provng facts whch w not be
dsputed on tra and the truth of
whch can be ascertaned by
reasonabe nqury.
(e!tion 7. Im3lied Admission.
The effect of a faure to make a
repy to a request for admsson s
that each of the matters of whch
an admsson s requested s
deemed admtted.
Each matter must be dened
SPECIFICALLY under oath settng
forth n deta the reason why he
cannot truthfuy admt or deny.
The answer to a request for
admsson under ths rue may be
made by the awyer of the party
and not necessary the party
hmsef.
(e!tion 0. Effe!t of admission.
USE: An admsson under ths
secton s for the purpose of the
pendng acton ony and cannot be
used n other proceedngs.
17
RULE 76 PRODUCTIO* OR
I*(PECTIO* O=
DOCU'E*T( OR T-I*,(
(e!tion .. 'otion for
3rod&!tion or ins3e!tion4
order.
Producton of documents affords
more opportunty for dscovery
than a subpoena duces tecum
because n the atter, the
documents are brought to the court
for the frst tme on the date of the
schedued tra wheren such
documents are requred to be
produced.
The test to be apped n
determnng the reevancy of the
document and the suffcency of
ther descrpton s one of
reasonabeness and practcaty.
PRODUCTIO*
OR
I*(PECTIO*
O=
DOCU'E*T(
OR T-I*,(
(U:POE*A
DUCE( TECU'
essentay a
mode of
dscovery
means of
compeng
producton of
evdence
the Rues s
mted to the
partes to the
acton
may be
drected to a
person whether
a party or not
the order
under ths Rue
s ssued ony
upon moton
wth notce to
the adverse
party
may be ssued
upon an ex
parte
appcaton.
RULE 7< P-)(ICAL A*D
'E*TAL
ECA'I*ATIO* O=
PER(O*(
(e!tion .. >#en e9amination
may e ordered.
The menta condton of a party
s n controversy n proceedngs for
GUARDIANSHIP over an mbece or
nsane person, whe the physca
condton of the party s generay
nvoved n PHYSICAL IN|URIES
cases.
Snce the resuts of the
examnaton are ntended to be
made pubc, the same are not
covered by the physcan-patent
prvege.
(e!tion 5. >aiver of 3rivile"e.
Where the party examned
requests and obtans a report on
the resuts of the examnaton the
consequences are:
(a) he has to furnsh the other party
a copy of the report of any
prevous or subsequent
examnaton of the same
physca and menta condton,
and
(b) he waves any prvege he may
have n that acton or any other
nvovng the same controversy
regardng the testmony of any
other person who has so examned
hm or may thereafter examne
hm.
18
RULE 7B RE=U(AL TO CO'PL)
>IT- 'ODE( O=
DI(COVER)
(A*CTIO*(:
1. Contempt;
2. Payment of reasonabe fees;
3. The matters regardng whch
the questons were asked,
character or descrpton of and
et a., be taken to be n
accordance wth the cam of
party obtanng the order;
4. Prohbtng the refusng party to
produce evdence or support or
oppose desgnated cams or
defenses;
5. To strke out peadngs, order
the dsmssa of the acton or
stay the acton unt compance
or to render |udgment by
defaut.
6. Order the arrest of the refusng
party except n cases of
physca or menta examnaton.
Defintions:
a. stare decss - embodes the rue
that when the court has ad down
a prncpe of aw as appcabe to a
certan state of facts, t w adhere
to that prncpe, and appy t to a
future cases, where facts are
substantay the same, regardess
of whether the partes and property
are the same. Under ths prncpe,
when a pont of aw has been
setted by decson, t consttutes a
precedent whch s not afterwards
to be departed from uness t s
necessary to vndcate pan and
obvous prncpes of aw or to
remedy contnued n|ustce.
. the decson of the supreme
court form part of the ega system
and faure of any court to appy
them sha consttute an abdcaton
of ts duty to resove a dspute n
accordance wth aw, and sha be a
ground for admnstratve acton
aganst an nferor court. Every
court must take cognzance of
decsons the Supreme Court has
rendered because they are proper
sub|ects of mandatory |udca
notce and more mportanty form
part of the ega system.
!. obter dctum- opnon expressed
by a court upon some queston of
aw whch s not necessary to the
decson of the case before t. It s a
remark made or opnon expressed
by the |udge n hs decson upon a
cause, by the way, that s,
ncdentay or coateray and not
drecty upon the queston before
hm, or upon a pont not
necessary nvoved n the
determnaton of the cause, or
ntroduced by way of ustraton or
anaogy or argument, such s not
bndng as precedent.
d. aw of the case- term apped to
an estabshed rue that when an
appeate court passes on a
queston and remands a cause to a
ower court for further proceedngs,
the queston there setted becomes
the aw of the case upon
subsequent appea. It means
whatever s once rrevocaby
estabshed as the controng ega
rue between the same partes
contnues to be the aw of the case
so ong as the facts of the case
before the court. The doctrne
appes ony when a case s before
a court a second tme after rung
by an appeate court.
19
15. ,E*ERAL T)PE( O= A
'OTIO* TO DI('I((:
.. moton to dsmss before answer
under Rue 16
Wthn the tme for but before fng
the answer to the compant or
peadng assertng a cam, a
moton to dsmss may be made on
any of the foowng grounds:
(a) That the court has no
|ursdcton over the person of the
defendng party;
(b) That the court has no
|ursdcton over the sub|ect matter
of the cam;
That venue s mpropery ad;
(d) That the pantff has no ega
capacty to sue;
(e) That there s another acton
pendng between the same partes
for the same cause;
(f) That the cause of acton s
barred by a pror |udgment or by
the statute of mtatons;
(g) That the peadng assertng the
cam states no cause of acton;
(h) That the cam or demand set
forth n the pantffs peadng has
been pad, waved, abandoned, or
otherwse extngushed;
() That the cam on whch the
acton s founded s unenforceabe
under the provsons of the statute
of frauds; and
(|) That a condton precedent for
fng the cam has not been
comped wth.
7. moton to dsmss under Rue !7
a.upon notce by pantff
A compant may be dsmssed by
the pantff by fng a notce of
dsmssa at any tme before
servce of the answer or of a
moton for summary |udgment.
Upon such notce beng fed, the
court sha ssue an order
confrmng the dsmssa. Uness
otherwse stated n the notce, the
dsmssa s wthout pre|udce,
except that a notce operates as an
ad|udcaton upon the merts when
fed by a pantff who has once
dsmssed n a competent court an
acton based on or ncudng the
same cam.
.upon moton of pantff
Except as provded n the
precedng secton, a compant
sha not be dsmssed at the
pantffs nstance save upon
approva of the court and upon
such terms and condtons as the
court deems proper. If a
countercam has been peaded by
a defendant pror to the servce
upon hm of the pantffs moton
for dsmssa, the dsmssa sha be
mted to the compant. The
dsmssa sha be wthout pre|udce
to the rght of the defendant to
prosecute hs countercam n a
separate acton uness wthn
ffteen (15) days from notce of the
moton he manfests hs preference
to have hs countercam resoved
n the same acton. Uness
otherwse specfed n the order, a
dsmssa under ths paragraph
sha be wthout pre|udce. A cass
sut sha not be dsmssed or
compromsed wthout the approva
of the court.
!.due to faut of pantff
If, for no |ustfabe cause, the
pantff fas to appear on the date
of the presentaton of hs evdence
20
n chef on the compant, or to
prosecute hs acton for an
unreasonabe ength of tme, or to
compy wth these Rues or any
order of the court, the compant
may be dsmssed upon moton of
the defendant or upon the courts
own moton, wthout pre|udce to
the rght of the defendant to
prosecute hs countercam n the
same or n a separate acton. Ths
dsmssa sha have the effect of
an ad|udcaton upon the merts,
uness otherwse decared by the
court.
0. moton to dsmss on demurrer
to evdence after pantff has
rested hs case under Rue 33
After the pantff has competed
the presentaton of hs evdence,
the defendant may move for
dsmssa on the ground that upon
the facts and the aw the pantff
has shown no rght to reef. If hs
moton s dened, he sha have the
rght to present evdence. If the
moton s granted but on appea
the order of dsmssa s reversed
he sha be deemed to have waved
the rght to present evdence.
5. moton to dsmss the appea
fed ether on the ower court
( Rue 41, Sec. 13 ) or n the
appeate court ( Rue 50, Sec. 1 )
Sec. 13. Dsmssa of appea.
Pror to the transmtta of the
orgna record or the record on
appea to the appeate court, the
tra court may motu propro or on
moton dsmss the appea for
havng been taken out of tme.
Secton 1. Grounds for dsmssa of
appea.

An appea may be dsmssed by the
Court of Appeas, on ts own moton
or on that of the appeee, on the
foowng grounds:
(a) Faure of the record on appea
to show on ts face that the appea
was taken wthn the perod fxed
by these Rues;
(b) Faure to fe the notce of
appea or the record on appea
wthn the perod prescrbed by
these Rues;
Faure of the appeant to pay
the docket and other awfu fees as
provded n secton 4 of Rue 41;
(d) Unauthorzed ateratons,
omssons or addtons n the
approved record on appea as
provded n secton 4 of Rue 44;
(e) Faure of the appeant to serve
and fe the requred number of
copes of hs bref or memorandum
wthn the tme provded by these
Rues;
(f) Absence of specfc assgnment
of errors n the appeants bref, or
of page references to the record as
requred n secton 13, paragraphs
(a), (c), (d) and (f) of Rue 44;
(g) Faure of the appeant to take
the necessary steps for the
correcton or competon of the
record wthn the tme mted by
the court n ts order;
(h) Faure of the appeant to
appear at the premnary
conference under Rue 48 or to
compy wth orders, crcuars, or
drectves of the court wthout
|ustfabe cause; and
() The fact that the order or
|udgment appeaed from s not
appeaabe.
./. for&m s#o33in"
21
Faure to compy wth the
foregong requrements sha not
be curabe by mere amendment of
the compant or other ntatory
peadng but sha be cause for the
dsmssa of the case wthout
pre|udce, uness otherwse
provded, upon moton and after
hearng. The submsson of a fase
certfcaton or non-compance
wth any of the undertakngs
theren sha consttute ndrect
contempt of court, wthout
pre|udce to the correspondng
admnstratve and crmna actons.
If the acts of the party or hs
counse ceary consttute wfu
and deberate forum shoppng, the
same sha be ground for summary
dsmssa wth pre|udce and sha
consttute drect contempt, as we
as a cause for admnstratve
sanctons.
.6. (e!tion ?. Effe!t of fail&re
to a33ear.
E==ECT O= *O*-APPEARA*CE
O= PLAI*TI==:
-cause for dsmssa of the acton,
wth pre|udce, uness otherwse
ordered by the court.
E==ECT O= *O*-APPEARA*CE
O= DE=E*DA*T:
- cause to aow the pantff to
present evdence ex parte and the
court to render |udgment on the
bass thereof.
.<. Elements of a !lass s&it
1. Sub|ect matter of the
controversy s one of
common or genera nterest
to many persons.
2. the persons are so numerous
that t s mpractcabe to |on
them a as partes.
3. partes brngng the cass sut
are suffcenty numerous and
representatve of the cass
and can fuy protect the
nterests of a concerned;
and
4. the representatve sues or
defends for the beneft of a.
.B. RULE 6 . PART( O= A
PLEADI*,
Secton 1. Capton.
The capton sets forth the
name of the court, the tte of the
acton, and the docket number f
assgned.
The tte of the acton ndcates the
names of the partes. They sha a
be named n the orgna compant
or petton; but n subsequent
peadngs, t sha be suffcent f
the name of the frst party on each
sde be stated wth an approprate
ndcaton when there are other
partes.
Ther respectve partcpaton n the
case sha be ndcated.
Sec. 2. The body.
The body of the peadng sets
forth ts desgnaton, the
aegatons of the partys cams or
defenses, the reef prayed for, and
the date of the peadng.
(a) Paragraphs. - The aegatons
n the body of a peadng sha be
dvded nto paragraphs so
numbered as to be ready
dentfed, each of whch sha
contan a statement of a snge set
of crcumstances so far as that can
be done wth convenence. A
paragraph may be referred to by
ts number n a succeedng
peadngs.
22
(b) Headngs. - When two or
more causes of acton are |oned,
the statement of the frst sha be
prefaced by the words "frst cause
of acton," of the second by
"second cause of acton," and so
on for the others.
When one or more paragraphs n
the answer are addressed to one of
severa causes of acton n the
compant, they sha be prefaced
by the words "answer to the frst
cause of acton" or "answer to the
second cause of acton" and so on;
and when one or more paragraphs
of the answer are addressed to
severa causes of acton, they sha
be prefaced by words to that
effect.
(c) Reef. - The peadng sha
specfy the reef sought, but t may
add a genera prayer for such
further or other reef as may be
deemed |ust or equtabe.
(d) Date. - Every peadng sha
be dated.
Sec. 3. Sgnature and address.
Every peadng must be
sgned by the party or counse
representng hm, statng n ether
case hs address whch shoud not
be a post offce box.
The sgnature of counse
consttutes a certfcate by hm that
he has read the peadng; that to
the best of hs knowedge,
nformaton, and beef there s
good ground to support t; and that
t s not nterposed for deay.
An unsgned peadng produces no
ega effect. However, the court
may, n ts dscreton, aow such
defcency to be remeded f t sha
appear that the same was due to
mere nadvertence and not
ntended for deay. Counse who
deberatey fes an unsgned
peadng, or sgns a peadng n
voaton of ths Rue, or aeges
scandaous or ndecent matter
theren, or fas to prompty report
to the court a change of hs
address, sha be sub|ect to
approprate dscpnary acton.
Sec. 4. Verfcaton.
Except when otherwse
specfcay requred by aw or rue,
peadngs need not be under oath,
verfed or accompaned by
affdavt.
A peadng s verfed by an
affdavt that the affant has read
the peadng and that the
aegatons theren are true and
correct of hs knowedge and beef.
A peadng requred to be verfed
whch contans a verfcaton based
on "nformaton and beef," or
upon "knowedge, nformaton and
beef," or acks a proper
verfcaton, sha be treated as an
unsgned peadng.
Sec. 5. Certfcaton aganst forum
shoppng.
The pantff or prncpa party
sha certfy under oath n the
compant or other ntatory
peadng assertng a cam for
reef, or n a sworn certfcaton
annexed thereto and
smutaneousy fed therewth: (a)
that he has not theretofore
commenced any acton or fed any
cam nvovng the same ssues n
any court, trbuna or quas-|udca
agency and, to the best of hs
knowedge, no such other acton or
cam s pendng theren; (b) f
there s such other pendng acton
23
or cam, a compete statement of
the present status thereof; and (c)
f he shoud thereafter earn that
the same or smar acton or cam
has been fed or s pendng, he
sha report that fact wthn fve (5)
days therefrom to the court
wheren hs aforesad compant or
ntatory peadng has been fed.
Faure to compy wth the
foregong requrements sha not
be curabe by mere amendment of
the compant or other ntatory
peadng but sha be cause for the
dsmssa of the case wthout
pre|udce, uness otherwse
provded, upon moton and after
hearng. The submsson of a fase
certfcaton or non-compance
wth any of the undertakngs
theren sha consttute ndrect
contempt of court, wthout
pre|udce to the correspondng
admnstratve and crmna actons.
If the acts of the party or hs
counse ceary consttute wfu
and deberate forum shoppng, the
same sha be ground for summary
dsmssa wth pre|udce and sha
consttute drect contempt, as we
as a cause for admnstratve
sanctons.
7;. An a33eal may e ta%en
from a $&d"ment or final order
t#at !om3letely dis3oses of t#e
!aseD or of a 3arti!&lar matter
t#erein w#en de!lared y t#ese
R&les to e a33ealale.
No appea may be taken from:

(a) An order denyng a moton for
new tra or reconsderaton;
(b) An order denyng a petton for
reef or any smar moton seekng
reef from |udgment;
An nterocutory order;
(d) An order dsaowng or
dsmssng an appea;
(e) An order denyng a moton to
set asde a |udgment by consent,
confesson or compromse on the
ground of fraud, mstake or duress,
or any other ground vtatng
consent;
(f) An order of executon;
(g) A |udgment or fna order for or
aganst one or more of severa
partes or n separate cams,
countercams, cross-cams and
thrd-party compants, whe the
man case s pendng, uness the
court aows an appea therefrom;
and
(h) An order dsmssng an acton
wthout pre|udce.
In a the above nstances where
the |udgment or fna order s not
appeaabe, the aggreved party
may fe an approprate speca cv
acton under Rue 65.
PRO-I:ITED PLEADI*,( A
'OTIO*( U*DER T-E RULE O*
(U''AR) PROCEDURE:
(1) Moton to dsmss the compant
or to quash the compant or
nformaton except on the
ground of ack of |ursdcton
over the sub|ect matter or
faure to compy wth pror
secton (referra to the Lupon)
(2) Moton for a b of partcuars
(3) Moton for a new tra or for
reconsderaton of a |udgment
or for reopenng of tra
(4) Petton for a reef from
|udgment
24
(5) Moton for extenson of tme to
fe peadngs, affdavts, or any
other paper
(6) Memoranda
(7) Petton for certorar,
mandamus, or prohbton
aganst any nterocutory order
ssued by the court
(8) Moton to decare defendant n
defaut
(9) Datory motons for
postponement
(10) Repy
(11) Thrd party compants
(12) Interventons
The fng of a prohbted
peadng w not suspend the
perod to fe an answer or to
appea.
Athough a moton to dsmss s
a prohbted peadng, ts fng after
the answer had aready been
submtted does not consttute a
peadng prohbted by the
summary rues. What the rues
proscrbe s a moton to dsmss
that woud stop the runnng of the
perod to fe an answer and cause
undue deay.
The ssuance of the pre-tra
order s an mportant part of the
summary procedure because t s
ts recept by the partes that
begns the ten-day perod to
submt the affdavts and other
evdence.
TRIAL PROCEDURE
No tra date s set. No
testmona evdence s requred
nor cross-examnaton of wtnesses
aowed. A that s requred s that
wthn (10) days from recept by
the partes of the courts pre-tra
order, they sha submt (1) the
affdavts of ther wtnesses (2) and
other evdence on the factua
ssues set forth n the pre-tra
order, TOGETHER WITH THEIR
POSITION PAPERS SETTING FORTH
THE LAW AND THE FACTS RELIED
UPON BY THEM.

Provisional remedies:
CERTI
ORA-RI
PRO-I
:I-
TIO*
'A*
DA-
'U(
P&r3os
e of
t#e
writ.
Inten
ded as
a
correct
ve
remedy
annu
and
modfy
a
procee
dng
preven
t the
comm
sson
or
carryn
g out
of an
act
Intend
ed to
comp
e
perfor
m-
ance
of an
act
desre
d
A!t
so&"#t
to e
!ontrol
-led.
Dscret
on-ary
act
Dscret
on-ary
and
mnste
ra act
Mnst
era
act
>it#
res3e!
t to
res3on
dent.
Exercs
ng
|udca
and
quas-
|udca
functo
n
|udca
and /or
non-
quas
|udca
functo
n
|udca

and
/or
non-
quas
|udca

funct
on
@UO >ARRA*TO - a proceedng
or wrt ssued by the court to
determne the rght to use an
25
offce, poston or franchse and to
oust the person hodng or
exercsng such offce, poston or
franchse f hs rght s unfounded
or f a person performed acts
consdered as grounds for
forfeture of sad exercse of
poston, offce or franchse. Ouo
warranto may aso be used when
an assocaton acts as a
corporaton wthn the Phppnes
wthout beng egay ncorporated
or wthout awfu authorty so to
act.
@UO
>ARRA*TO I*
ELECTORAL
PROCEEDI*,(
@UO
>ARRA*TO
U*DER RULE
//
- To contest the
rght of an
eected pubc
offcer to hod
pubc offce.
- prerogatve
wrt by w/c the
govt. can ca
upon any person
to show by what
tte he hods a
pubc offce or
exercses a
pubc franchse
- an eectora
proceedng
under the
Omnbus
Eectons Code
for the excusve
purpose of
mpugnng the
eecton of a
pubc offcer on
the ground of
negbty or
dsquafcaton
to hod the offce
- three grounds:
usurpaton,
forfeture, or
ega
assocaton
- petton must
be fed w/n 10
days from the
procamaton of
- presupposes
that the
respondent s
aready actuay
the canddate hodng offce
and acton must
be commenced
wthn one year
from cause of
ouster or rght of
pettoner to
hod offce arose
- may be fed by
any regstered
canddate for
the same offce
and, who, even
f the petton
prospers, woud
not be entted
to that offce.
- the pettoner
must be the
government or
the person
entted to the
offce and who
woud assume
the same f hs
acton succeeds.
+UDICIAL
=ORECLO(URE
ECTRA+UDICIAL
=ORECLO(URE
Requres court
nterventon
No court
nterventon
necessary
There s ony an
equty of
redempton
Rght of
redempton
exsts
Aternatve
remedy to
persona acton
for the amount
due to satsfy
mortgage debt
Proper ony
when provded
for n the
contract
E@UIT) O=
REDE'PTIO*
RI,-T O=
REDE'PTIO*
- rght of the
defendant
mortgagor to
extngush the
mortgage and
retan ownershp
of the property
by payng the
debt w/n 90-120
days after the
- rght of the
debtor, hs
successor n
nterest or any
|udca credtor
or |udgment
credtor of sad
debtor or any
person havng a
en on the
26
entry of
|udgment or
even after the
forecosure sae
but pror to
confrmaton
property
subsequent to
the mortgage or
deed of trust
under w/c the
property s sod
to redeem the
property w/n 1
year from the
regstraton of
the Sherffs
certfcate of
forecosure sae
- governed by
Rue 68
- governed by
Secs. 29-31 of
Rue 39
ACCIO*
I*TERDIC
TAL
ACCIO*
PU:LICIA
*A
ACCIO*
REI*VIDI
CA-TORIA
summar
y acton
for the
recovery
of physca
possesso
n where
the
dspossess
on has
not asted
for more
than one
year.
e|ectme
nt
proceedn
g under
Rue 70;
ether
forcbe
entry or
unawfu
detaner
a
penary
acton for
the
recovery
of the rea
rght of
possesso
n when
the
dsposses
son has
asted for
more than
one year.
an
acton for
the
recovery
of
ownershp
, w/c
necessar
y ncudes
the
recovery
of
possesso
n.
A
cases of
forcbe
entry and
unawfu
detaner
rrespectv
e of the
amount of
damages
or unpad
rentas
sought to
be
recovered
shoud be
brought to
the MTC.
RTC
has
|ursdcto
n f the
vaue of
the
property
exceeds
P20,000
outsde
Metro
Mana;
P50,000
wthn
Metro
Mana,
MTC
has
|ursdcto
n f the
vaue of
the
property
does not
exceed
P20,000 -
outsde
Metro
Mana;
P50,000
wthn
Metro
Mana
RTC
has
|ursdcto
n f the
vaue of
the
property
exceeds
P20,000
outsde
Metro
Mana;
P50,000
wthn
Metro
Mana,
MTC
has
|ursdcto
n f the
vaue of
the
property
does not
exceed
P20,000 -
outsde
Metro
Mana;
P50,000
wthn
Metro
Mana
(&$e!t to R&les on (&mmary
Pro!ed&re
=ORCI:LE
E*TR)
U*LA>=UL
DETAI*ER
possesson of
the and by the
defendant s
unawfu from
the begnnng as
possesson s
nceptvey
awfu but t
becomes ega
by reason of the
27
he acqures
possesson by
Force,
Intmdaton,
Strategy, Threat
or Steath
(FISTS)
termnaton of
hs rght to the
possesson of
the property
under hs
contract w/ the
pantff
no prevous
demand for the
defendant to
vacate the
premses s
necessary
demand s
|ursdctona f
the ground s
non-payment of
rentas or faure
to compy wth
ease contract
the pantff
must prove that
he was n pror
physca
possesson of
the premses
unt he was
deprved thereof
by the
defendant
the pantff
need not have
been n pror
physca
possesson
the 1 year
perod s
generay
counted from
the date of
actua entry on
the and
perod s
counted from
the date of ast
demand or ast
etter of demand
|UDGMENT on e|ectment
proceedngs are IMMEDIATELY
EXECUTORY uness the defendant:
(1) perfects hs appea,
(2) fes suffcent supersedeas
bond to pay the rents, damages
and costs accrung down to the
tme of |udgment appeaed from;
and
(3) deposts wth the appeate
court the amount of rent due from
tme to tme under the contract or
n the absence of a contract, the
reasonabe vaue of the use and
occupaton of the premses on or
before the 10
th
day of each
succeedng month or perod.
However the RTC may ssue a
wrt of premnary mandatory
n|uncton to restore pantff n
possesson f the court s satsfed
that defendants appea s frvoous
or datory or appea of pantff s
prma face mertorous, upon
moton of pantff wthn 10 days
from perfecton of appea.
If there s no forma contract
between partes; there can st be
unawfu detaner because
e|ectment consders implied
contracts. Possesson by toerance
creates an mped promse to
vacate the premses upon the
demand of the owner. 1Peran vs.
C=I of (orso"on2
DIRECT
CO*TE'PT
I*DIRECT
CO*TE'PT
summary n
nature
punshed after
beng charged
and hearng
GROUNDS:
a) msbehavor
n the presence
of or so near a
court as to
obstruct or
nterrupt the
proceedngs.
b) Dsrespect
towards the
court.
GROUNDS:
a) Msbehavor
of an offcer of a
court n the
performance of
hs offca dutes
or n hs offca
transactons.
b) Dsobedence
of or resstance
to a awfu wrt,
process, order,
or |udgment.
Unauthorzed
ntruson to any
rea property
28
c) Offensve
personates
towards others.
d) Refusa to be
sworn or to
answer as
wtness or to
subscrbe an
affdavt or
deposton.
after beng
e|ected;
c) Any abuse or
any unawfu
nterference w/
the proceedngs
not consttutng
drect contempt.
d) Any mproper
conduct tendng
to degrade the
admnstraton of
|ustce.
e) Assumng to
be an attorney
or an offcer of
the court w/o
authorty.
f) Faure to obey
a subpoena
g) Rescue, or
attempted
rescue, of a
person or
property n the
custody of an
offcer.
If commtted
aganst:
a. RTC - fne not
exceedng P2,
000 or
mprsonment
not exceedng
(10) days or
both.
b. MTC - fne not
exceedng P200
or mprsonment
not exceedng
(1) day, or both.
a. RTC - fne not
exceedng
P30,000 or
mprsonment
not exceedng 6
months or both
b. MTC - fne not
exceedng
P5,000 or
mprsonment
not exceedng
(1) month or
both
In speca |udgments under R&le
0B (e!tion .., the person
requred by the |udgment to obey
the same may be punshed for
contempt f he dsobeys. NO
contempt however es n
|udgments for money (Secton 9)
and |udgments for specfc act
(Secton 10) under Rue 39.
RE'EDIE( to !#allen"e
!ontem3t $&d"ments:
DIRECT CO*TE'PT
The person ad|udged n drect
contempt may ava hmsef of the
remedes of certorar or
prohbton. The executon of the
|udgment sha be suspended
pendng resouton of the petton,
provded such person fes a bond
and condtoned that he w abde
by and perform the |udgment
shoud the petton be decded
aganst hm.
I*DIRECT CO*TE'PT
The person ad|udged for ndrect
contempt may appea such
|udgment or fna order to the
proper court as n crmna cases.
The executon of the |udgment
sha NOT be suspended unt a
bond s fed by the person
ad|udged n contempt.
The |udgment aganst a person
ad|udged to be n contempt s
mmedatey executory and can be
stopped ony by fng a bond.
I*TERPLEADER I*TERVE*TIO*
1. an orgna
acton
1. ancary
acton
2. presupposes
that pantff has
no nterest n
the sub|ect
matter of the
acton or has
2. proper n any
of the four
stuatons:
person havng
(a) ega nterest
n the matter n
29
nterest theren
n whoe or n
part whch s not
dsputed by the
other partes
tgaton, or (b)
success of
ether of the
partes, or (c) an
nterest aganst
both, or (d) s so
stuated as to be
adversey
affected by a
dstrbuton or
other dsposton
of property n
the custody of
the court or of
an offcer
thereof. (Rue
19, Sec. 1.)
3. defendants
are beng sued
precsey to
nterpead them
3. defendants
are orgna
partes to the
pendng suts
I*+U*CTIO* PRO-I:ITIO*
1. drected
aganst a party
n the acton
1. Drected
aganst a court,
trbuna or a
person
exercsng
|udca powers
2. does not
nvove
|ursdcton of
the court
2. Based on the
round that the
court aganst
whom the wrt s
sought had
acted wthout or
n excess of
|ursdcton
3. t may be the
man acton
tsef or |ust a
provsona
remedy
3. Aways the
man acton
REPLEVI* ATTAC-'E*T
1. may be 1. Avaabe
sought ony
when the
prncpa acton
s recovery of
persona
property.
even f recovery
of property s
ony ncdenta
to the reef
sought.
2. Can be sought
ony when
defendant s n
actua
possesson of
the property.

2. May be
resorted to even
f the property s
n possesson of
a thrd person.
3. Ony extends
to persona
property
capabe of
manua devery.
3. Extends to a
types of
property
whether rea,
persona or
ncorporea.
4. Cannot be
avaed of when
property s n
custoda egs
4. Can be
avaed of even
f property s n
custoda egs.
5. Avaabe
before
defendant
answers
5. From
commencement
but before entry
of |udgment
6. Bond s
doube the vaue
of the property
6. Fxed by the
court
(PECIAL PROCEEDI*,(
A remedy by whch a party seeks
to estabsh a status, a rght or a
partcuar fact 1R&le .D (e!tion 02
+URI(DICTIO* : Regona Tra
Court
E9!e3tion: MTC can entertan
Speca proceedngs where:
30
1. the gross vaue of the estate
does not exceed 200T/400T (BP
129)
2. It acts n Cadastra and Land
Regstraton Proceedngs (Sec. 35
|udcary Act)
appea s taken to the CA,
not to the RTC snce MTC s equa
to RTC n ths nstance
3. Habeas Corpus where no RTC
|udge s avaabe
Ven&e on settlement
3ro!eedin"s:
1. If the decedent s an nhabtant
of the Phppnes. - RTC n provnce
whch he resdes at the tme of
death.
2. If decedent s an nhabtant of a
foregn country. - RTC of any
provnce n whch he had estate.
ORDI*AR)
ACTIO*
(PECIAL
PROCEEDI*,
to protect or
enforce a rght
or prevent or
redress a wrong
nvoves the
estabshment of
the rght, status
or fact
nvoves two or
more partes
may nvove
ony one party
governed by
ordnary rues
suppemented
by speca rues
governed by
speca rues
suppemented
by ordnary rues
heard by
courts of genera
|ursdcton
heard by
courts of mted
|ursdcton
peadngs are
requred
petton or
appcaton s
suffcent
ECTRA+UDICIA
L (ETTLE'E*T
+UDUCIAL
(ETLLE'E*T
1. no court
nterventon
1. requres
summary |udca
ad|udcaton
2. vaue of the
estate
mmatera
2. gross estate
must not exceed
P10T
3. aowed ony
n ntestate
successon
3. aowed n
both testate and
ntestate
4. there must be
no outstandng
debts of the
estate at the
tme of
settement
4. avaabe even
f there are
debts; t s the
court whch w
make provson
for ts payment
5. resorted at
the nstance and
by agreement of
a hers
5. may be
nsttuted by any
nterested party
even a credtor
of the estate
wthout the
consent of a
hers
6. amount of
bond s equa to
the vaue of
persona
property
6. bond to be
determned by
the court
PETITIO*(
=OR C-A*,E
O= *A'E
PETITIO*( =OR
T-E
CORRECTIO*D
CA*CELLATIO*
O= E*TRIE(
Petton to be
fed n the RTC
where the
pettoner
resdes
verfed petton
fed n the pace
where the
correspondng
regstry s
ocated
Soctor Genera
must be notfed
by servce of a
copy of the
petton.
Cv regstrar
concerned s
made a party to
the proceedng
as a respondent.
Petton s fed
by person
By any person
nterested n any
31
desrng to
change hs
name
ACT, EVENT,
ORDER or
DECREE
order for hearng
sha be
pubshed once a
week for three
consecutve
weeks
order sha aso
be pubshed
once for three
consecutve
weeks and court
sha cause
reasonabe
notce to
persons named
n petton
servce of |udgment sha be upon
the cv regster concerned
SOME RESTRICTIONS ON POWER
OF ADMINISTRATOR/EXECUTOR:
1. cannot acqure by purchase,
even at pubc or |udca aucton,
ether n person or medaton of
another, the property under
admnstraton
2. cannot borrow money wthout
authorty of the court
3. cannot specuate wth
funds under admnstraton
4. cannot ease the property for
more than one year
5. cannot contnue the busness of
the deceased uness authorzed by
the court
6. cannot proft by the ncrease or
decrease n the vaue of the
property under admnstraton
CA*CELLATIO* OR
CORRECTIO* O= E*TRIE( I*
T-E CIVIL RE,I(TR)
Ths Rue appes not ony to
proceedngs for correcton of
nnocuous or cerca errors but aso
to correct substanta errors such
as ctzenshp,status,and
egtmacy. However n the atter
case, t s necessary that the
proceedngs be adversara n
nature.
Re8&isites of Adversarial
3ro!eedin"s:
1. Proper petton s fed where the
Cv Regstrar and a partes
nterested are mpeaded.
2. The order of the hearng must
be pubshed
3. Notce thereof must be gven to
the Soctor Genera and a partes
affected thereby.
4. Opportunty for the
respondents to be heard.
5. Fu bown tra.
*OTE: Proceedngs for the
correcton of entres shoud not be
consdered as estabshng ones
status s a manner concusvey
beyond dspute. The status
corrected woud not have a
superor quaty for evdentary
purposes. There s no ncrease or
dmunton of substantve rght.
CRI'I*AL PROCEDURE
REPU:LIC ACT <75B
A* ACT =URT-ER DE=I*I*,
T-E +URI(DICTIO* O= T-E
(A*DI,A*:A)A*D A'E*DI*,
=OR T-E PURPO(E
PRE(IDE*TIAL DECREE *O.
./;/D A( A'E*DEDD
PROVIDI*, =U*D( T-ERE=ORD
A*D =OR OT-ER PURPO(E(.
(ECTIO* .. The frst paragraph of
the Presdenta Decree 1606, as
amended, s hereby further
amended to read as foows:
"SECTION 1.
Sandiganbayan; Composition;
Qualifications; Tenure;
32
Removal and Compensation. - A
speca court, of the same eve as
the Court of Appeas and
possessng a the nherent powers
of a court of |ustce, to be known as
the Sandganbayan s hereby
created composed of a Presdng
|ustce and fourteen assocate
|ustces who sha be apponted by
the Presdent."
SEC. 2. Secton 2 of the same
decree s hereby further amended
to read as foows:
"SEC. 2. Official Station;
Place of Holding Sessions. The
Sandganbayan sha have ts
prncpa offce n the Metro Mana
area and sha hod sessons
thereat for the tra and
determnaton of cases fed wth t:
Provded, however, That cases
orgnatng from the prncpa
geographca regons of the
country, that s, from Luzon,
Vsayas or Mndanao, sha be
heard n ther respectve regons of
orgn except ony when the greater
convenence of the accused and of
the wtnesses, or other compeng
consderatons requre the
contrary, n whch nstance a case
orgnatng from one geographca
regon may be heard n another
geographca regon; Provded,
further, That for ths purpose the
presdng |ustce sha authorzed
any dvson or dvsons of the
court to hod sessons at anytme
and pace outsde Metro Mana and
where the nterest of |ustce so
requres, outsde the terrtora
boundares of the Phppnes. The
Sandganbayan may requre the
servces of the personne and the
use of factes of the courts or
other government offces where
any of the dvsons s hodng
sessons and the personne of such
courts or offces sha be sub|ect to
the orders of the Sandganbayan.
(EC. 0. The second paragraph of
Secton 3 of the same decree s
hereby deeted.
(EC. 5. Secton 4 of the same
to read as foows:
"SEC. 4. Jurisdiction. - The
Sandganbayan sha exercse
excusve orgna |ursdcton n a
cases nvovng:
:a. Voatons of Repubc Act
No. 3019, as amended, otherwse
known as the Ant-Graft and
Corrupt Practces Act, Repubc Act
No. 1379, and Chapter II, Secton 2,
Tte VII, Book II of the Revsed
Pena Code, where one or more of
the accused are offcas occupyng
the foowng postons n the
government, whether n a
permanent, actng or nterm
capacty, at the tme of the
commsson of the offense:
"(1) Offca of the executve
branch occupyng the postons of
regona drector and hgher,
otherwse cassfed as Grade 27
and hgher, of the Compensaton
and Poston Cassfcaton Act of
1989 (Repubc Act No. 6758),
specfcay ncudng:
"(a) Provnca governors,
vce-governors, members of the
sanggunang panaawgan, and
provnca treasurers, assessors,
engneers, and other provnca
department heads;
"(b) Cty mayors, vce-
mayors, members of the
sanggunang panungsod, cty
treasurers, assessors, engneers,
and other department heads;
33
"(c) Offcas of the
dpomatc servce occupyng the
poston of consu and hgher;
"(d) Phppne army and ar
force coones, nava captans, and
a offcers of hgher rank;
"(e) Offcers of the Phppne
Natona Poce whe occupyng the
poston of provnca drector and
those hodng the rank of senor
superntendent or hgher;
"(f) Cty and provnca
prosecutors and assstants, and
offcas and prosecutors n the
Offce of the Ombudsman and
provnca prosecutors;
"(g) Presdents, drectors or
trustees, or managers of
government-owned or controed
corporatons, state unverstes or
educatona nsttutons or
foundatons;
"(2) Members of Congress
and offcas thereof cassfed as
Grade 27 and up under the
Compensaton and Poston
Cassfcaton Act of 1989;
"(3) Members of the
|udcary wthout pre|udce to the
provsons of the Consttutons;
"(4) Charmen and members
of Consttutona Commssons,
wthout pre|udce to the provsons
of the Consttuton; and
"(5) A other natona and
oca offcas cassfed as Grade
27 and hgher under the
Compensaton and Poston
Cassfcaton Act of 1989.
b. Other offenses or feones
whether smpe or compexed wth
other crmes commtted by the
pubc offcas and empoyees
mentoned n subsecton a of ths
secton n reaton to ther offce.
"c. Cv and crmna cases
fed pursuant to and n connecton
wth Executve Order Nos. 1, 2, 14
and 14-A, ssued n 1986. "In cases
where none of the accused are
occupyng postons correspondng
to Saary Grade 27 or hgher, as
prescrbed n sad Repubc Act No.
6758, or mtary or PNP offcers
mentoned above, excusve
orgna |ursdcton thereof sha be
vested n the proper regona tra
court, metropotan tra court,
muncpa tra court and muncpa
crcut tra court, as the case may
be, pursuant to ther respectve
|ursdctons as provded n Batas
Pambansa 129, as amended.
The Sandganbayan sha
exercse e9!l&sive a33ellate
$&risdi!tion over fna |udgments,
resoutons or orders of regona
tra courts whether n the exercse
of ther own orgna |ursdcton or
of ther appeate |ursdcton as
heren provded.
"The Sandganbayan sha
have e9!l&sive ori"inal
$&risdi!tion over pettons for the
ssuance of wrts of mandamus,
prohbton, certorar, habeas
corpus, n|unctons, and other
ancary wrts and processes n ad
of ts appeate |ursdcton and
over pettons of smar nature,
ncudng quo warranto, arsng or
that may arse n cases fed or
whch be fed under Executve
Order Nos. 1, 2, 14 and 14-A ssued
n 1986. Provded, that the
|ursdcton over these pettons
sha not be excusve of the
Supreme Court.
"The procedure prescrbed n
Batas Pambansa 129, as we as
the mpementng rues that the
34
Supreme Court has promugated
and may hereafter promugate,
reatve to appeas/pettons for
revew to the Court of Appeas,
sha appy to appeas and pettons
for revew fed wth the
Sandganbayan. In a cases
eevated to the Sandganbayan and
from Sandganbayan to the
Supreme Court, the Offce of the
Ombudsman, through ts Speca
Prosecutor, sha represent the
Peope of the Phppnes, except n
cases fed pursuant to Executve
Order Nos. 1, 2, 14 and 14-A,
ssued n 1986.
"In case prvate ndvduas
are charge as co-prncpas,
accompces, or accessores wth
the pubc offcers or empoyees,
ncudng those empoyed n
government-owned or controed
corporatons, they sha be tred
|onty wth sad pubc offcers and
empoyees n the proper courts
whch sha exercse excusve
|ursdcton over them.
"Any provsons of aw or
Rues of Court to the contrary
notwthstandng, the crmna
acton and the correspondng cv
acton for the recovery of cv
abty sha at a tmes be
smutaneousy nsttuted wth, and
|onty determned n, the same
proceedng by the Sandganbayan
or the approprate courts, the fng
of the crmna acton beng
deemed to necessary carry wth t
the fng of such cv acton
separatey from the crmna acton
sha be recognzed: Provded,
however, That where the cv
acton had heretofore been fed
separatey but |udgment theren
has not yet been rendered, and the
crmna case s hereafter fed wth
the Sandganbayan or the
approprate court, sad cv acton
sha be transferred to the
Sandganbayan or the approprate
court, as the case may be, for
consodaton and |ont
determnaton wth the crmna
acton, otherwse the separate cv
acton sha be deemed
abandoned."
(EC. ?. Secton 7 of the same
to read as foows:
"SEC. 7. Form Finality
and !nforcement of "ecisions.
- a decsons and fna orders
determnng the merts of a case or
fnay dsposng of the acton or
proceedngs of the Sandganbayan
sha contan compete fndngs of
the facts and the aw on whch they
are based, on a ssues propery
rased before t and necessary n
decdng the case.
"A petton for
reconsderaton of any fna order
or decson may be filed wthn
ffteen (15) days from promugaton
or notce of the fna order or
|udgment, and such moton for
reconsderaton sha be de!ided
wthn thrty (30) days from
submsson thereof.
"Decsons and fna orders of
the Sandganbayan sha be
appeaabe to the Supreme Court
by 3etition for review on
!ertiorari raisin" 3&re
8&estions of law n accordance
wth Rue 45 of the Rues of Court.
Whenever, n any case decded by
the Sandganbayan, the penaty of
recuson perpetua, fe
mprsonment or death s mposed,
the decson sha be appeaabe to
35
the Supreme Court n the manner
prescrbed by the Rues of Court.
"|udgments and orders of the
Sandganbayan sha be executed
and enforced n the manner
provded by aw.
"Decsons and fna orders of
other courts n cases cognzabe by
sad courts under ths decree as
we as those rendered by them n
the exercse of ther appeate
|ursdcton sha be appeaabe to,
or be revewabe by, the
Sandganbayan n the manner
provded by Rue 122 of the Rues
of Court."
"In case, however, the
mposed penaty by the
Sandganbayan or the regona tra
court n the proper exercse of ther
respectve |ursdcton, s death,
revew by the Supreme Court sha
be automatc, whether or not the
accused fes an appea."
(EC. /. #ppropriations. - The
amount necessary to carry out the
nta mpementaton of ths Act
sha be charged aganst the
current fsca year appropratons of
the Sandganbayan. Thereafter,
such sums as may be needed for
ts contnued mpementaton sha
be ncuded n the annua Genera
Appropratons Act.
(EC. 6. Transitory Provision. -
Ths act sha appy to a cases
pendng n any court over whch
tra has not begun as of the
approva thereof.
(EC. <. Separability of
Provisions. - If for any reason any
provson of ths Act s decared
unconsttutoa or nvad, such
parts or portons not affected
thereby sha reman n fu force
and effect.
(EC. B. Repealing Clause. A
acts, decrees, genera orders and
crcuars, or parts thereof
nconsstent wth the provsons of
ths Act are hereby repeaed or
modfed accordngy.
(EC. .;. !ffectivity. Ths Act
sha take effect ffteen (15) days
after ts compete pubcaton n at
east two (2) newspapers of
genera crcuaton.
Approved: 05 February 1997.
A.'. *o. ;.-.-;0-(C
Re: Amendment to (e!tion 0D
R&le 5. of t#e .BB6 R&les of
Civil Pro!ed&re.
The Court resoved to AMEND
Secton 3, Rue 41 of the 1997
Rues of Cv Procedure to read as
foows:
(e!. 0. Period of ordinary
appeal; appeal in $abeas
corpus cases.- The appea sha
be taken wthn ffteen (15) days
from notce of the |udgment or fna
order appeaed from. Where a
record on appea s requred, the
appeant sha fe a notce of
appea and a record on appea
wthn thrty (30) days from notce
of the |udgment or fna order.
However, an appea n habeas
corpus cases sha be taken wthn
forty-eght (48) hours from notce
of the |udgment or fna order
appeaed from.
The perod of appea sha be
nterrupted by a tmey moton for
new tra or reconsderaton. No
moton for extenson of tme to fe
a moton for new tra or
36
reconsderaton sha be aowed.
(n)
The amendment sha take
effect on 15 |uy, 2001 foowng
the pubcaton of ths Resouton n
two (2) newspapers of genera
crcuaton not ater than 30 |une
2001.
Promugated ths 19
th
day of
|une, 2001.
PRO(ECUTIO* O= O==E*(E(
2000 Amendment
Sec. 1. Institution of criminal
actions. Crmna actons sha be
nsttuted as foows:
(A) FOR OFFENSES WHERE A
PRELIMINARY INVESTIGATION IS
REOUIRED PURSUANT TO SECTION
1 OF RULE 112, BY FILING THE
COMPLAINT WITH THE PROPER
OFFICER FOR THE PURPOSE OF
CONDUCTING THE REOUISITE
PRELIMINARY INVESTIGATION.
(b) For a other offenses, by fng
the compant or nformaton
drecty wth the Muncpa Tra
Courts and Muncpa Crcut Tra
Courts, or the compant wth the
offce of the prosecutor. In Mana
and other chartered ctes, the
compant sha be fed wth the
offce of the prosecutor uness
otherwse provded n ther
charters.
THE INSTITUTION OF THE CRIMINAL
ACTION SHALL INTERRUPT THE
RUNNING OF THE PERIOD OF
PRESCRIPTION OF THE OFFENSE
CHARGED UNLESS OTHERWISE
PROVIDED IN SPECIAL LAWS.
PRELI'I*AR) I*VE(TI,ATIO*
I( RE@UIRED:
Where the offense s punshabe by
mprsonment of at east four (4)
years, two (2) months and one (1)
day, wthout regard as to the fne
except as provded n Secton 7 of
Rue 112.
Under the amendment, the
nsttuton of ALL CRIMINAL
ACTIONS sha be the same,
ncudng those offenses that are
sub|ect to the rue on Summary
Procedure n reaton to the
nterrupton of the perod of
prescrpton.
In the fng of a crmna
actons, even those sub|ect to
summary procedure sha nterrupt
the runnng of the prescrptve
perod, except those punshabe by
speca aws.
Re8&isites of a !om3laint:
1. t must be n wrtng and under
oath;
2. t must charge a person wth an
offense;
3. t must be subscrbed by the
offended party, by any peace
offcer or pubc offcer charged
wth the enforcement of the aw
voated
Re8&isites of an information:
1. t must be n wrtng;
2. t must charge a person wth an
offense;
3. t must be subscrbed by the
fsca;
4. t must be fed n court
37
(e!tion ?. >#o m&st 3rose!&te
!riminal a!tions.
=I(CALF( DI(CRETIO* I*
PRO(ECUTIO*
Prior to filin" a !ase in !o&rt:
1. A prosecutng attorney cannot
be compeed to fe a partcuar
nformaton when he s convnced
that he does not have the
necessary evdence.
2. The court cannot nterfere wth
the Fscas dscreton and contro
of the crmna prosecuton.
REMEDY: appea the Fscas
decson to the Dept. of |ustce &/or
ask for a speca prosecutor
After t#e filin" of t#e !ase:
1. Once a case s fed n court, the
court acqures |ursdcton and such
contnues unt the termnaton of
the case.
2. Crmna prosecuton cannot be
restraned or stayed by n|uncton,
premnary or fna.
3. Prosecutor has no more contro
of the case and desred reef must
be addressed to the court.
Offenses 3rose!&ted only y
t#e offended 3arty:
1. Adutery and concubnage (by
the offended spouse)
2. Seducton, abducton, and acts
of ascvousnes (by offended party,
parents, grandparents, guardan,
state)
3. Defamaton - whch conssts
n the mputaton of an offense
mentoned above (by offended
party)
RAPE s now cassfed under
crmes aganst persons. It may
now be fed by the prosecutor. (RA
8353)
* Compance s not |ursdctona,
but merey a CONDITION
PRECEDENT. In the sense that f
non-compance s not ob|ected to,
the acton may st proceed.
(e!tion /. (&ffi!ien!y of
!om3laint or information.
'inim&m re8&irements for a
valid !om3laint or information:
1. Name of the accused,
ncudng any appeaton or
nckname
-- When offense s commtted by
more than one person, a of them
sha be ncuded n the compant
or nformaton
2. The desgnaton of the offense
by the statute
3. The acts or omssons
companed of as consttutng the
offense
4. The name of the offended party
5. The approxmate tme of the
commsson of the offense
6. The pace wheren the
offense was commtted
7;;; Amendment
Sec. 14. Amendment or
substitution. no! re"uires# "any
amendment before pea, whch
downgrades the nature of the
offense charged n or excudes any
accused from the compant or
nformaton, can be made ony
upon moton by the prosecutor,
wth notce to the offended party
and wth eave of court. The court
sha state ts reasons n resovng
the moton and copes of ts order
38
sha be furnshed a partes,
especay the offended party."
Before enterng pea,
amendment of a compant or
nformaton s a matter of rght, n
substance and n form.
If the amendment downgrades
the offense or excudes one of the
accused, t can ony be made upon
moton by the prosecutor, wth
notce to the offended party and
wth eave of court.
After the pea and durng the
tra, amendment s a matter of
|udca dscreton (requres eave of
court) but ony as to matters of
form, and when the same can be
done wthout pre|udce to the
rghts of the accused.
If a compant s erroneous n
chargng the proper offense, the
courts must dsmss t upon fng of
a new one. (Sec. 19, Rue 119)
A'E*D'E*T (U:(TITUTIO*
O=
I*=OR'ATIO*
OR CO'PLAI*T
1. May nvove
ether forma or
substanta
changes
1. Invoves
substanta
change from the
orgna charge
2. Amendment
before the pea
has been
entered can be
effected wthout
eave of court.
2. Substtuton of
nformaton
must be wth
eave of court as
the orgna
nformaton has
to be dsmssed.
3. Amendment s
ony as to form,
there s no need
3. Another
premnary
nvestgaton s
for another
premnary
nvestgaton
and the retakng
of the pea of
the accused.
entaed and the
accused has to
pead anew to
the new
nformaton
4. An amended
nformaton
refers to the
same offense
charged n the
orgna
nformaton or to
an offense whch
necessary
ncudes or s
necessary
ncuded n the
orgna charge,
hence
substanta
amendments to
the nformaton
after the pea
has been taken
cannot be made
over the
ob|ecton of the
accused, for f
the orgna
nformaton
woud be
wthdrawn, the
accused coud
nvoke doube
|eopardy.
4. Requres or
presupposes
that the new
nformaton
nvoves a
dfferent offense
whch does not
ncude or s not
necessary
ncuded n the
orgna charge,
hence the
accused cannot
cam doube
|eopardy.
7;;; Amendment
Sec. 1. Institution of criminal and
ci$il actions. (a) When a crmna
acton s nsttuted, the cv acton
for the recovery of cv abty
ARISING FROM THE OFFENSE
CHARGED SHALL BE DEEMED
nsttuted wth the crmna acton
uness the offended party waves
39
the cv acton, reserves hs rght
to nsttute t separatey, or
nsttutes the cv acton pror to
the crmna acton.
EXCEPT AS OTHERWISE PROVIDED
IN THESE RULES, NO FILING FEES
SHALL BE REOUIRED FOR ACTUAL
DAMAGES.
NO COUNTERCLAIM, CROSS-CLAIM
OR THIRD PARTY COMPLAINT MAY
BE FILED BY THE ACCUSED IN THE
CRIMINAL CASE, BUT ANY CAUSE
OF ACTION WHICH COULD HAVE
BEEN THE SUB|ECT THEREOF MAY
BE LITIGATED IN A SEPARATE CIVIL
ACTION.
(B) THE CRIMINAL ACTION FOR
VIOLATION OF BATAS PAMBANSA
BLG. 22 SHALL BE DEEMED TO
INCLUDE THE CORRESPONDING
CIVIL ACTION. NO RESERVATION
TO FILE SUCH CIVIL ACTION
SEPARATELY SHALL BE ALLOWED.
UPON FILING OF THE AFORESAID
|OINT CRIMINAL AND CIVIL
ACTIONS, THE OFFENDED PARTY
SHALL PAY IN FULL THE FILING
FEES BASED ON THE AMOUNT OF
THE CHECK INVOLVED, WHICH
SHALL BE CONSIDERED AS THE
ACTUAL DAMAGES CLAIMED.
WHERE THE COMPLAINT OR
INFORMATION ALSO SEEKS TO
RECOVER LIOUIDATED, MORAL,
NOMINAL, TEMPERATE OR
EXEMPLARY DAMAGES, THE
OFFENDED PARTY SHALL PAY
ADDITIONAL FILING FEES BASED
ON THE AMOUNTS ALLEGED
THEREIN. IF THE AMOUNTS ARE
NOT SO ALLEGED BUT ANY OF
THESE DAMAGES ARE
SUBSEOUENTLY AWARDED BY THE
COURT, THE FILING FEES BASED
ON THE AMOUNT AWARDED SHALL
CONSTITUTE A FIRST LIEN ON THE
|UDGMENT.
WHERE THE CIVIL ACTION HAS
BEEN FILED SEPARATELY AND
TRIAL THEREOF HAS NOT YET
COMMENCED, IT MAY BE
CONSOLIDATED WITH THE
CRIMINAL ACTION UPON
APPLICATION WITH THE COURT
TRYING THE LATTER CASE. IF THE
APPLICATION IS GRANTED, THE
TRIAL OF BOTH ACTIONS SHALL
PROCEED IN ACCORDANCE WITH
SECTION 2 OF THIS RULE
GOVERNING CONSOLIDATION OF
THE CIVIL AND CRIMINAL ACTIONS.
(Crc. 57-97)
Instan!es w#en !ivil liaility
arisin" from offense !#ar"ed
not !on!&rrently determined in
t#e !riminal a!tion:
1. when the offended party waves
the cv acton
2. when the offended party
reserves hs rght to nsttute a
separate cv acton
3. when the offended party
nsttutes a cv acton pror to the
crmna acton.
>-E* RE(ERVATIO* (-ALL
:E 'ADE: Reservation to
instit&te a se3arate !ivil a!tion
s#all e made:
1. before the prosecuton starts to
present ts evdence
2. under crcumstances affordng
the offended party to a reasonabe
opportunty to make such
reservaton.
40
PURPOSE: to prevent the
offended party from recoverng
damages twce for the same act or
omsson.
AC@UITTAL I* A CRI'I*AL
CA(E DOE( *OT :AR
CO*TI*UATIO* O= T-E CIVIL
CA(E >-ERE:
1. the acqutta s based on
reasonabe doubt
2. the decson contans a
decaraton that the abty of the
accused s not crmna but ony
cv
3. the cv abty s not derved
from or based on the crmna act
of whch the accused s acqutted.
7;;; Amendment
Sec. 4. %ffect of death on ci$il
actions. The death of the accused
after arragnment and durng the
pendency of the crmna acton
sha extngush the cv abty
arsng from the dect. However,
the ndependent cv acton
nsttuted under secton 3 of ths
Rue or whch thereafter s
nsttuted to enforce abty arsng
from other sources of obgaton
may be contnued aganst the
estate or ega representatve of
the accused after proper
substtuton or aganst sad estate,
as the case may be. The hers of
the accused may be substtuted for
the deceased wthout requrng the
appontment of an executor or
admnstrator and the court may
appont a guardan ad litem for the
mnor hers.
The court sha forthwth order sad
ega representatve or
representatves to appear and be
substtuted wthn a perod of thrty
(30) days from notce.
A fna |udgment entered n favor of
the offended party sha be
enforced n the manner especay
provded n these rues for
prosecutng cams aganst the
estate of the deceased.
If the accused des before
arragnment, the case sha be
dsmssed wthout pre|udce to any
cv acton the offended
party may fe aganst the estate of
the deceased. (n)
Elements of a 3re$&di!ial
8&estion:
1. The cv acton must be
nsttuted pror to the crmna
acton.
2. The cv acton nvoves an
ssue smar or ntmatey reated
to the ssue rased n the crmna
acton.
3. The resouton of such ssue
determnes whether or not the
crmna acton may proceed.
. D&3li!ity of offense. 1Do!trine
of d&3li!ity2
GENERAL RULE: A snge compant
or nformaton must charge ony
one offense.
EXCEPTION: Compex crmes --
where the aw prescrbes a snge
punshment for varous crmes
Durng premnary nvestgaton,
searchng questons and answers
are ASKED.
41
REMEDIES OF THE ACCUSED IF
THERE WAS NO PRELIMINARY
INVESTIGATION:
1. Refuse to enter a pea upon
arragnment and ob|ect to further
proceedngs upon such ground
2 Insst on a premnary
nvestgaton
3. Fe a certorar, f refused
4. Rase ack of premnary
nvestgaton as error on appea
5. Fe for prohbton
PURPOSE OF PRELIMINARY
INVESTIGATION:
To protect the accused from the
nconvenence, expenses and
burden of defendng hmsef n a
forma tra uness the reasonabe
probabty of hs gut sha have
been frst ascertaned n a fary
summary proceedng by a
competent offcer. It s aso
ntended to protect the state from
havng to conduct useess and
expensve tras.
Secton 2. Offcers authorzed to
conduct premnary nvestgaton.
Persons authorzed to
conduct a premnary
nvestgaton:
1. Provnca or cty fsca and ther
assstants
2. |udges of the MTC and MCTC
3. Natona and regona state
prosecutors
4. Such other offcers as may be
authorzed by aw such as: the
COMELEC, Ombudsman and PCGG
7;;; Amendment
Sec. &. 'rocedure. The
premnary nvestgaton sha be
conducted n the foowng manner:
(a) The compant sha state the
address of the respondent and
sha be accompaned by affdavts
of the companant and hs
wtnesses, AS WELL AS OTHER
SUPPORTING DOCUMENTS TO
ESTABLISH PROBABLE CAUSE.
They sha be n such number of
copes as there are respondents,
pus two (2) copes for the offca
fe. The affdavts sha be
subscrbed and sworn to before any
prosecutor or government offca
authorzed to admnster oath, or,
n ther absence or unavaabty,
before a notary pubc, each of
whom must certfy that he
personay examned the affants
and that he s satsfed that they
vountary executed and
understood ther affdavts.
(b) Wthn ten (10) days after the
fng of the compant, the
nvestgatng offcer sha ether
dsmss t f he fnds no ground to
contnue wth the nvestgaton, or
ssue a subpoena to the
respondent, attachng to t a copy
of the compant and ts supportng
affdavts and documents.
THE RESPONDENT SHALL HAVE
THE RIGHT TO EXAMINE THE
EVIDENCE SUBMITTED BY THE
COMPLAINANT WHICH HE MAY NOT
HAVE BEEN FURNISHED AND TO
COPY THEM AT HIS EXPENSE. IF
THE EVIDENCE IS VOLUMINOUS,
THE COMPLAINANT MAY BE
REOUIRED TO SPECIFY THOSE
WHICH HE INTENDS TO PRESENT
AGAINST THE RESPONDENT, AND
THESE SHALL BE MADE AVAILABLE
FOR EXAMINATION OR COPYING BY
THE RESPONDENT AT HIS EXPENSE.
42
OB|ECTS AS EVIDENCE NEED
NOT BE FURNISHED A PARTY BUT
SHALL BE MADE AVAILABLE FOR
EXAMINATION, COPYING, OR
PHOTOGRAPHING AT THE EXPENSE
OF THE REOUESTING PARTY.
(c) Wthn ten (10) days from
recept of the subpoena wth the
compant and supportng affdavts
and documents, the respondent
sha submt hs counter-affdavt
and that of hs wtnesses AND
OTHER SUPPORTING DOCUMENTS
RELIED UPON FOR HIS DEFENSE.
The counter-affdavts sha be
subscrbed and sworn to and
certfed as prescrbed n paragraph
(a) of ths secton, wth copes
thereof furnshed by hm to the
companant. THE RESPONDENT
SHALL NOT BE ALLOWED TO FILE A
MOTION TO DISMISS IN LIEU OF A
COUNTER-AFFIDAVIT.
(d) If the respondent cannot be
subpoenaed, or f subpoenaed,
does not submt counter-affdavts
wthn the ten (10) day perod, the
nvestgatng offcer sha resove
the compant based on the
evdence presented by the
companant.
(e) The nvestgatng offcer may
set a hearng f there are facts and
ssues to be carfed from a party
or a wtness. The partes can be
present at the hearng but wthout
the rght to examne or cross-
examne. They may, however,
submt to the nvestgatng offcer
questons whch may be asked to
the party or wtness concerned.
The hearng sha be hed wthn ten
(10) days from submsson of the
counter-affdavts and other
documents or from the expraton
of the perod for ther submsson.
IT SHALL BE TERMINATED WITHIN
FIVE (5) DAYS.
(f) Wthn ten (10) days after the
nvestgaton, the nvestgatng
offcer sha determne whether or
not there s suffcent ground to
hod the respondent for tra.
A moton to dsmss s now a
prohbted peadng when the case
s under premnary nvestgaton
and requres that the respondent
shoud submt counter-affdavts or
other supportng documents reed
upon by hm for hs defense.
7;;; Amendment
Sec. 4. Resolution of
in$esti(atin( prose)cutor and its
re$ie!. )) If the nvestgatng
prosecutor fnds cause to hod the
respondent for tra, he sha
prepare the resouton and
nformaton. He sha certfy under
oath n the nformaton that he, or
as shown by the record, an
authorzed offcer, has personay
examned the companant and hs
wtnesses; that there s reasonabe
ground to beeve that a crme has
been commtted and that the
accused s probaby guty thereof;
that the accused was nformed of
the compant and of the evdence
submtted aganst hm; and that he
was gven an opportunty to submt
controvertng evdence. Otherwse,
he sha recommend dsmssa of
the compant.
43
Wthn fve (5) days from hs
resouton, he sha forward the
records of the case to the
provnca or cty prosecutor or
chef state prosecutor, OR TO THE
OMBUDSMAN OR HIS DEPUTY IN
CASES OF OFFENSES COGNIZABLE
BY THE SA*+I,A*-A.A* IN THE
EXERCISE OF ITS ORIGINAL
|URISDICTION. They sha act on the
resouton wthn ten (10) days
from ther recept thereof and sha
mmedatey nform the partes of
such acton.
No compant or nformaton may
be fed or dsmssed by an
nvestgatng prosecutor wthout
the pror wrtten authorty or
approva of the provnca or cty
prosecutor or chef state
prosecutor OR THE OMBUDSMAN
OR HIS DEPUTY.
Where the nvestgatng prosecutor
recommends the dsmssa of the
compant but hs recommendaton
s dsapproved by the provnca or
cty prosecutor or chef state
prosecutor OR THE OMBUDSMAN
OR HIS DEPUTY on the ground that
a probabe cause exsts, the atter
may, by hmsef, fe the
nformaton aganst the
respondent, or drect another
assstant prosecutor or state
prosecutor to do so wthout
conductng another premnary
nvestgaton.
If upon petton by a proper party
under such rues as the
Department of |ustce may
prescrbe or motu propio, the
Secretary of |ustce reverses or
modfes the resouton of the
chef state prosecutor, he sha
drect the prosecutor concerned to
fe the correspondng nformaton
wthout conductng another
premnary nvestgaton or to
dsmss or move for dsmssa of
the compant or nformaton wth
notce to the partes. The same rue
sha appy n premnary
nvestgatons conducted by the
offcers of the Offce of the
Ombudsman.
Under the amendment, whether
the recommendaton of the
nvestgatng offcer s to fe or
dsmss the case, he sha, wthn 5
days from hs resouton, forward
the records of the case to the
chef state prosecutor or; for
offenses cognzabe by the
Sandganbayan n the exercse of
ts orgna |ursdcton to the
Ombudsman or hs deputy the
atter sha take approprate actons
thereon wthn 10 days from
recept and sha mmedatey
nform the partes of sad acton.
Ths refers to a petton for
revew of the prosecutors
resouton pendng at ether the
Department of |ustce or the Offce
of the Presdent; provded that the
perod of suspenson sha not
exceed 60 days counted from the
fng of the petton wth the
revewng offcer.
The muncpa |udge conductng
premnary nvestgaton has no
authorty to determne the
character of the crme but ony to
44
determne whether or not the
evdence presented supported
prma face the aegaton of fact
contaned n the compant.
If the prosecutor dsagrees wth
the fndngs of the nvestgatng
|udge on the exstence of probabe
cause, the prosecutors rung sha
preva, sub|ect to the procedure n
the ast paragraph of secton 5.
It s the prosecutor who s gven
by aw drecton and contro of a
crmna actons. Ths functon s
executve, not |udca. Hence,
when a premnary nvestgaton s
conducted by a |udge, the |udge
performs a non-|udca functon, as
an excepton to hs usua |udca
dutes.
Conditions efore t#e
investi"atin" m&ni!i3al trial
$&d"e !an iss&e a warrant of
arrest:
1. Have examned n wrtng and
under oath the companant and hs
wtnesses by searchng questons
and answers;
2. Be satsfed that a probabe
cause exsts;
3. That there s a need to pace the
respondent under mmedate
custody n order not to frustrate
the ends of |ustce
PRO:A:LE CAU(E: Suffcent
facts must be presented to the
|udge or magstrate ssung the
warrant to convnce hm that there
s probabe cause for beevng that
the person whose arrest s sought
commtted the crme charged. It s
not requred to prove that the
partcuar person has actuay
commtted the crme.
The |udge need not personay
examne the compant and
wtnesses n the determnaton of
probabe cause for the ssuance of
the warrant of arrest. He s ony
requred to:
1. Personay evauate the report
and the supportng documents
submtted by the fsca regardng
the exstence of probabe cause
and, on the bass thereof, ssue a
warrant of arrest;
2. If on the bass thereof he
fnds no probabe cause, he may
dsregard the prosecutors report
and requre the submsson of
supportng affdavts of wtnesses
to ad hm n arrvng at a
concuson as to the exstence of
probabe cause.
The amendment n subsecton
(b) regardng the ssuance of
warrants of arrest by the MTC
contempates two (2) dstnct
stuatons. Two types of offenses
may be fed n the MTC for
premnary nvestgaton:
1. a case cognzabe by the RTC
may be fed wth the MTC for
premnary nvestgaton;
2. even f t s cognzabe by the
MTC because t s an offense where
the penaty prescrbed by aw s at
east four (4) years, two (2) months
and one (1) day wthout regard to
the fne.
In ether stuaton, the MTC s
authorzed to ssue a warrant of
arrest f there s necessty of
pacng the respondent under
mmedate custody, n order not to
45
frustrate the ends of |ustce, he
sha ssue a warrant of arrest.
Sec% &% '$en accused
la(fully arrested (it$out
(arrant%
T>O (ITUATIO*(
CO*TE'PLATED U*DER T-I(
RULE:
1. When a person s awfuy
arrested wthout a warrant for an
offense requrng a premnary
nvestgaton (sec. 1, Rue 112) and
no compant or nformaton has yet
been fed, he may ask for a
premnary nvestgaton by sgnng
a waver of the provsons of Art.
125 of the RPC n the presence of
hs counse.
2. When the compant or
nformaton was fed wthout
premnary nvestgaton, the
accused may, wthn 5 days from
the tme he earns of the fng of
the nformaton, ask for a
premnary nvestgaton wth the
same rght to adduce evdence n
hs favor n the manner prescrbed
n ths Rue.
The request for premnary
nvestgaton shoud be made
before pea, otherwse the rght to
ask for a premnary nvestgaton
sha be deemed WAIVED.
Pro!ed&re to e followed in
!ases w#i!# do not re8&ire
3reliminary investi"ation:
1. Evauate the evdence presented
2. Conduct searchng questons or
answers
3. Requre the submsson of
addtona evdence
For cases under the Revised
R&les on (&mmary Pro!ed&re,
no warrant sha be ssued except
where the accused fas to appear
after beng summoned.
Arrest - the takng of a person nto
custody n order that he may be
bound to answer for the
commsson of an offense 1(e!. .
R&le ..02
'odes of Arrest
1. arrest by vrtue of a warrant
2. arrest wthout a warrant
under statutory provded
exceptona crcumstances
Essential re8&isites of a valid
warrant of arrest:
1. It must be ssued upon probabe
cause whch must be determned
personay by a |udge after
examnaton under oath or
affrmaton of the companant and
the wtnesses he may produce
2. The warrant must partcuary
descrbe the person to be sezed
(e!tion 7. Arrest4 #ow
made.
'odes of Effe!tin" Arrest
1. By an actua restrant of the
person to be arrested
2. By hs submsson to the custody
of the person makng the arrest
(e!tion 5. E9e!&tion of
warrant.
The head of the offce to whom
the warrant has been devered for
executon sha cause the warrant
to be executed wthn 10 days from
recept thereof.
46
Wthn ten days after the
expraton of such perod, the
offcer to whom t was assgned for
executon, sha make a report to
the |udge who ssued the warrant
and, n case of hs faure to
execute, sha state the reasons
thereof.
A warrant of arrest does not
become stae or functus officio
unke a search warrant whch s
vad ony for 10 days. A warrant of
arrest remans vad unt arrest s
effected or the warrant fted.
The rue as amended no onger
requres a return of the warrant of
arrest but a report.
>ARRA*TLE(( ARRE(T(:
1. The person to be arrested has
commtted, s actuay commttng,
or s attemptng to commt an
offense.
2. The peace offcer has probabe
cause to beeve based on persona
knowedge of facts or
crcumstances ndcatng that the
person to be arrested has
commtted a crme.
3. The person to be arrested s a
prsoner who has escaped from a
pena estabshment or pace where
he s servng fna |udgment or
temporary confned whe hs case
s pendng, or has escaped whe
beng transferred from one
confnement to another.
The present rue removed the
requrement that an offense must
have n fact been commtted and
carfed that probabe cause to be
based on persona knowedge of
facts "facts and crcumstances"
that the person to be arrested has
commtted t woud be suffcent to
|ustfy a warrantess arrest for an
offense that has |ust been
commtted.
The ndubtabe exstence of a
crme s not necessary to |ustfy a
warrantess arrest and that
"persona knowedge of facts" n
arrests wthout warrant must be
based upon probabe cause, whch
means an actua beef or
reasonabe grounds of suspcon.
The ground of suspcon are
reasonabe when, n the absence of
actua beef of the arrestng
offcers, the suspcon that the
person to be arrested s probaby
guty of commttng the offense s
based on actua facts, .e.,
supported by crcumstances
suffcenty strong n themseves to
create the probabe cause of gut
of the person to be arrested.
The reasonabe suspcon
therefore must be founded on
probabe cause, couped "wth
good fath on the part of the peace
offcers makng the arrest."
The ony dfference s that n in
fla(rante arrests, the facts
consttutng probabe cause occur
n the presence of the arrestng
person, whe n hot pursuit,
knowedge of the facts occurred
after the commsson of the crme.
:ail -- the securty gven for the
reease of a person n custody of
the aw, furnshed by hm or a
bondsman, condtoned upon hs
appearance before any court as
requred under the condtons
47
specfed by the rue. 1(e!. .D R&le
..52
=orms of ail:
1. corporate surety
2. property bond
3. cash depost
4. recognzance
Conditions of :ail:
(a) The undertakng sha be
effectve upon approva, and,
uness canceed, sha reman n
force at a stages of the case unt
promugaton of the |udgment of
the RTC, rrespectve of whether
the case was orgnay fed n or
appeaed to t;
(b) The accused sha appear
before the proper courts whenever
so requred by the court or these
Rues;
(c) The faure of the accused to
appear at the tra wthout
|ustfcaton despte due notce
sha be deemed a waver of hs
rght to be present thereat. In such
case, the tra may proceed in
absentia;
(d) The bondsman sha
surrender the accused to court for
executon of the fna |udgment.
Availaility of ail to an
a!!&sed.
'ay e s&mmariGed as follows:
1. Regardess of stage of the
crmna prosecuton, no ba sha
be aowed f the accused s
charged wth a capta offense or
an offense punshabe by recuson
perpetua and the evdence of gut
s strong.
2. Before and after convcton by
the MTC, ba s a matter of rght.
(Sec.4)
3. Before convcton by the RTC
whether n the exercse of ts
orgna or appeate |ursdcton,
ba s a matter of rght. (Sec.4)
4. Upon convcton by the RTC of
an offense not punshabe by
death, recuson perpetua or fe
mprsonment, admsson to ba s
dscretonary.
5. After convcton by the RTC
wheren a penaty of mprsonment
exceedng 6 but not more than 20
years s mposed, and not one of
the crcumstances beow s present
and proved, ba s a matter of
dscreton. (Sec.5)
- Recdvsm, quas-recdvsm or
habtua denquency or
commsson of crme aggravated by
the crcumstances of reteraton.
- Prevous escape from ega
confnement, evason of sentence
or voaton of the condtons of ba
wthout vad |ustfcaton.
- Commsson of the offense whe
on probaton, paroe or under
condtona pardon
- Crcumstance of the accused or
hs case ndcate the probabty of
fght f reeased on ba
- Undue rsk of commsson of
another crme by the accused
durng pendency of appea.
6. After convcton by the RTC
mposng a penaty of
mprsonment exceedng 6 years
but not more than 20 years and
any of the crcumstance
enumerated above and other
smar crcumstance s present and
proved, no ba sha be granted.
7. After |udgment has become
fna uness accused apped for
probaton before commencng to
serve sentence of penaty and
48
offense wthn purvew of probaton
aw. 1(e!. 752
Ca3ital offense - one whch,
under the aw exstng at the tme
of ts commsson, and at the tme
of the appcaton to be admtted to
ba, may be punshed by death.
CA* :E
RELEA(ED
>IT-OUT
:AIL
1. Offense
charged s
voaton of an
ordnance, ght
feony or a crmna
offense, the
mposabe penaty
wherefore does not
exceed 6 months of
mprsonment
and/or fne of P
2,000 under
R.A.6036.
2. Where the
accused has
apped for
probaton and
before the same
has been resoved
but no ba was fed
or the accused s
ncapabe of fng
one, n whch case
he may be reeased
on recognzance
3. In case of a
youthfu offender
hed for physca or
menta examnaton,
tra or appea, f
unabe to furnsh
ba and under the
crcumstances under
PD 603, as amended
O*
REDUCED
:AIL OR O*
1. A person n
custody for a perod
equa to or more
-I( O>*
RECO,*IHA
*CE
than the mnmum
of the prncpa
penaty prescrbed
for the offense
charged, wthout
appcaton of the
ndetermnate
sentence aw or any
modfyng
crcumstance sha
be reeased on
reduced ba or on
hs own
recognzance.
U*DER T-E
REVI(ED
RULE( O*
(U''AR)
PROCEDUR
E
,eneral R&le: no
ba
E9!e3tion:
1. When a warrant
of arrest s ssued
for faure to appear
hen requred by the
court
2. When the
accused
- s a recdvst;
- s a fugtve from
|ustce;
- s charged wth
physca n|ures
- does not resde
n the pace where
the voaton of the
aw or ordnance s
commtted; or
-has not resde n
the pace where the
voaton of the aw
or ordnance s
commtted; or
-has no known
resdence
RI,-T( O= T-E ACCU(ED:
A2 To e 3res&med inno!ent
49
:2 To e informed of t#e nat&re
and t#e !a&se of t#e
a!!&sation a"ainst #im.
An arragnment thus becomes
ndspensabe as the means for
brngng the accused nto court and
notfyng hm of the cause he s
requred to meet.
When a person s charged n a
compant wth a crme and the
evdence does not show that he s
guty thereof, but does show that
he s guty of some other crme or
a esser offense, the court may
sentence hm for the esser
offense, provded the esser
offense s a cognate offense and s
ncuded n the compant wth the
court.
In capta offenses, when there s
a dscrepancy between the
desgnaton of the crme n the
preambe to the nformaton and
the facts peaded n the body, the
court shoud ca the attenton of
the accused, so that he may be
fuy apprsed of the nature and
cause of the accusaton aganst
hm.
C2 To e 3resent and defend in
3erson and y !o&nsel at every
sta"e of t#e 3ro!eedin"
T#e 3resen!e of t#e a!!&sed
is not re8&ired at every sta"e
of t#e trial &t O*L):
1. Durng arragnment 1(e!. .D
r&le ../2
2. Promugaton of |udgment
except when the convcton s for a
ght offense, n whch case, t may
be pronounced n the presence of
hs counse or a representatve
3. When ordered by the court for
purposes of dentfcaton
P&r3ose of trial in absentia
to speed up the dsposton of
crmna cases, tra of whch coud
n the past be ndefntey deferred
and many tme competey
abandoned because of the
defendants escape.
Conditions for trial in absentia
to a33ly:
1. accused has been arragned
2. he has been duy notfed of the
tra
3. hs faure to appear s
un|ustfed
The aw securng to an accused
person the rght to be present at
every stage of the proceedngs has
no appcaton to the proceedngs
before the Court of Appeas and
the Supreme Court nor to the entry
and promugaton of ther
|udgments The defendant need not
be present n court durng the
hearng of the appea. 1(e!. B
R&le .752
An escapee who has been duy
tred in absentia waves hs rght to
present evdence on hs own behaf
and to confront and cross-examne
wtnesses who testfes aganst
hm. 1,imeneG vs. *aGareno2 or
to appea uness he vountary
submts to the |ursdcton of the
court or s otherwse arrested
wthn 15 days from notce of
|udgment aganst hm. 1Peo3le vs.
'a3alao2.
D2 Ri"#t to !o&nsel.
50
The duty of the court to appont
a counse de ofco when the
accused has no ega counse of
choce and desres to empoy the
servces of one s mandatory ony
at the tme of arragnment 1(e!. /
R&le ../2
E2 To testify as witness in #is
own e#alf.
If he shoud testfy on hs own
behaf, he may be cross-examned
as to any matter stated n hs drect
examnaton.
=2 Ri"#t a"ainst self-
in!rimination.
The rght aganst sef-
ncrmnaton s not sef-executng
or automatcay operatona. It
must be asserted.
Ri"#t of t#e a!!&sed a"ainst
self-in!rimination vs. ri"#t of
t#at of an ordinary witness
The ordnary wtness may be
compeed to take the wtness
stand and cam the prvege as
each queston requrng an
ncrmnatng answer s shot at hm,
an accused may atogether refuse
to take the wtness stand and
refuse to answer any and a
questons.
,2 Ri"#t to !onfront and !ross
e9amine t#e witnesses a"ainst
#im at trial.
Ether party may utze as part
of ts evdence the testmony of a
wtness who ded, out of or cannot
wth due dgence be found n the
country, unavaabe or otherwse
unabe to testfy, gven n another
case or proceedng, |udca or
admnstratve, nvovng the same
partes and sub|ect matter, the
adverse party havng had the
opportunty to cross-examne hm.
-2 Ri"#t to s3eedyD im3artial
and 3&li! trial.
Remedies availale to t#e
a!!&sed w#en #is ri"#t to a
s3eedy trial is violated:
1. He shoud ask not for the
dsmssa but for the tra of the
case
2. Unreasonabe deay of the tra
of a crmna case as to make the
detenton of defendant ega gves
ground for habeas corpus as a
remedy for obtanng reease so as
to avod detenton for a reasonabe
perod of tme
3. Accused woud be entted to
reef n a mandamus proceedng to
compe the dsmssa of the
nformaton
P&li! trial
- The court may upon ts own
moton excude the pubc from the
courtroom f the evdence to be
produced durng the tra s of such
a character as to be offensve to
decency or pubc mora. The court
may aso, upon moton of the
accused, excude the pubc from
tra except court personne and
the counse for the partes 1(e!.
.0 R&le ..B2
I2 Ri"#t to a33eal on all !ases
allowed y law and in t#e
manner 3res!ried y law.
Arrai"nment - conssts of readng
the nformaton to the accused and
askng hm, n open court whether
or not he s guty of what s aeged
aganst hm
51
-- The accused must personay
enter hs pea though he be
charged wth a ght offense ony.
An arragnment on the amended
compant/ nformaton s
mandatory, the pettoner havng
the consttutona rght to be
nformed of the charge aganst
hm. Uness he had aready been
arragned and the amendment s
ony as to form n whch case there
s no need to retake hs pea.
1Tee#an%eeD +r. vs. 'adaya"2.
The rue that the accused may
be sentenced for as many offenses
as are charged n the nformaton
sha appy ony f the accused s
formay arragned and requred to
pead on a the offenses as are
charged n the nformaton.
Otherwse, the accused cannot be
convcted of the offense wth
respect to whch he was not
propery arragned.
Plea - the matter whch the
accused on hs arragnment,
aeges n answer to the charge
aganst hm.
There can be no doube |eopardy
where the accused has not yet
peaded to the offense.
A mere wrtten manfestaton s
not a vad pea. For |eopardy to
attach, t s necessary that the
defendant has been arragned and
has peaded to the charge because
t s from that moment that the
ssues are deemed |oned.
P&r3ose of Plea
to make an ssue. Wthout an
ssue, there s nothng to be tred
and nothng on whch the |udgment
and sentence of a court can be
propery predcated
When the accused peads guty
but presents excupatory evdence,
hs pea sha be deemed
wthdrawn and a pea of not guty
sha be entered for hm. 1Peo3le
vs. :alis!anD .6 (CRA ...B2
SEC. 11. Suspension of
arrai(nment.-Upon moton by the
proper party, the arragnment sha
be suspended n the foowng
cases:
(a) The accused appears to be
sufferng from an unsound menta
condton whch effectvey renders
hm unabe to fuy understand the
charge aganst hm and to pead
ntegenty thereto. In such case,
the court sha order hs menta
examnaton and, f necessary, hs
confnement for such purpose;
(b) There exsts a pre|udca
queston; and
(c) A petton for revew of
the resouton of the prosecutor s
pendng at ether the Department
of |ustce, or the Offce of the
Presdent; 'ro$ided/ That the
perod counted from the fng of
the petton wth the revewng
offce. (12a)
>it#drawal of im3rovident 3lea
of "&ilty.
At any tme before the |udgment
of convcton becomes fna, the
court may permt an mprovdent
pea of guty to be wthdrawn and
be substtuted by a pea of not
guty. Ths s not a matter of
52
absoute rght on the part of the
defendant but es entrey wthn
the sound dscreton of the tra
court, and appeate courts sha
not nterfere wth such dscreton n
the absence of cear abuse thereof.
A pea of guty ater wthdrawn s
not admssbe n evdence aganst
an accused.
In order to be vad, the pea must
be an uncondtona admsson of
gut. It must be of such nature as
to forecose the defendants rght
to defend hmsef from sad charge,
thus eavng the court no
aternatve but to mpose the
penaty fxed by aw.
D&ties of t#e !o&rt w#en t#e
a!!&sed a33ears at t#e
arrai"nment wit#o&t !o&nsel:
1. nform the accused of hs rght
to counse
2. ask hm f he desres to have
one
3. f he desres and s unabe to
empoy an attorney, the court must
assgn an attorney de ofco to
defend hm; and
4. f the accused desres to procure
an attorney of hs own, the court
must grant hm a reasonabe tme
therefor.
- Faure of the courts to
fuf/compy wth ths duty s a
dena of due process.
Time to move to 8&as#.
The accused may move to quash
the compant or nformaton at any
tme BEFORE enterng hs pea.
Instances where a moton to quash
may be fed AFTER pea:
1. faure to charge an offense
2. ack of |ursdcton over the
offense charged
3. extncton of the offense or
penaty
4. |eopardy
.,ro&nds.
(b) That the court tryng the case
has no |ursdcton over the offense
charged;
(c) That the court tryng the case
has no |ursdcton over the person
of the accused;
() That the accused has been
prevousy convcted or acqutted
of the offense charged OR THE
CASE AGAINST HIM WAS
DISMISSED OR OTHERWISE
TERMINATED WITHOUT HIS
EXPRESS CONSENT.
Re8&isites for !riminal
$&risdi!tion:
1. the offense s one whch the
court s by aw authorzed to take
cognzance of
2. the offense must have been
commtted wthn ts terrtora
|ursdcton
3. the person charged wth the
offense must have been brought to
ts presence for tra, forcby by
warrant of arrest or upon hs
vountary submsson to the court
+URI(DICTIO*
O= T-E
(U:+ECT
'ATTER
+URI(DICTIO*
OVER T-E
PER(O* O=
T-E ACCU(ED
1. Derved from
the aw. It can
never be
acqured soey
by consent of
the accused.
1. May be
acqured by
consent of the
accused or by
waver of
ob|ectons.
2. Ob|ecton that 2. If he fas to
53
the court has no
|ursdcton of
the sub|ect
matter may be
made at any
stage of the
proceedng, and
the rght to
make such
ob|ecton s
never waved.
make hs
ob|ecton n
tme, he w be
deemed to have
waved t.
Instan!es w#en t#e !riminal
a!tion or liaility is
e9tin"&is#ed as a "ro&nd of a
motion to 8&as#:
1. death of the convct, as to
persona penates
2. servce of the sentence
3. amnesty
4. absoute pardon
5. prescrpton of the crme
6. prescrpton of the penaty
7. marrage of the offender wth
the offended party, as provded n
Arti!le 055 of the same Code.
Co&rses of a!tion t#e !o&rt
may ta%e if it s&stains a motion
to 8&as#:
1. the dsmssa of the nformaton,
whch s deemed to a ntents and
purposes, wped out and the case
then stood as f no nformaton had
ever been fed
2. the fng of a new nformaton, f
the accused s n custody he sha
reman so uness he s reeased on
ba. If there s no such order or f
there s such order and no new
nformaton s fed wthn the
perod fxed n the order or wthn
such further tme as the court may
aow for good cause shown, the
accused, who s n custody, sha be
dscharged therefrom, uness he s
n custody for another offense.
Pro!ed&re in !ase of Denial of
'otion to @&as#:
The defendant shoud go to tra
wthout pre|udce on hs part to
present the speca defenses he
had nvoked n hs moton and, f
after tra on the merts, an adverse
decson s rendered to appea
therefrom n the manner
authorzed by aw.
A moton to quash s aways
addressed to the dscreton of the
court. Nether certorar nor
prohbton es aganst an order of
the court grantng or denyng a
moton to quash an nformaton.
An order sustanng a moton to
quash based on the ground that
the crmna acton on the abty
has been extngushed or on doube
|eopardy consttutes a bar to
another prosecuton for the same
offense.
+eo3ardy -- exposure to danger.
When a person s prosecuted
before a court whch has authorty
to decde the ssue between the
State and hmsef, he s then
exposed to danger n that he s n
per of fe and berty
E9tent of 3rote!tion afforded
y t#e r&le on do&le
$eo3ardy :
1. aganst the per of a second
punshment
2. aganst the per of a second tra
for the same offense or for an
attempt to commt the same of
frustraton thereof.
54
Re8&isites for do&le $eo3ardy:
1. the accused has been convcted
or acqutted
2. the case aganst hm has been
dsmssed or otherwse termnated
wthout hs express consent
3. the court whch convcted or
acqutted the accused or
dsmssed or termnated the case s
a court of competent |ursdcton
4. the compant or nformaton was
vad and suffcent n form and
substance to sustan a convcton
5. the accused has peaded to the
charge
6. there s a subsequent
prosecuton aganst the accused for
the offense charged, or for any
attempt to commt the same or
frustraton thereof, or for any
offense whch necessary ncudes
or s necessary ncuded n the
offense charged n the former
prosecuton.
Dismissal vs. A!8&ittal
- A!8&ittal s aways based on the
merts, that s, the defendant s
acqutted because the evdence
does not show defendants gut
beyond reasonabe doubt; but
dismissal does not decde the
case on the merts or that the
defendant s not guty.
O!!asions w#en do&le
$eo3ardy will atta!# even if t#e
motion to dismiss t#e !ase is
made y t#e a!!&sed #imself:
1. the ground s nsuffcency of
evdence of the prosecuton
2. when the proceedngs have
been unreasonaby proonged n
voaton of the rght to a speedy
tra. 1Peo3le vs. ,ines2.
If the dsmssa s based on
nsuffcency of evdence to
estabsh the gut of the accused
beyond reasonabe doubt, the
dsmssa s actuay an acqutta.
If the dsmssa s based on the
rght of the accused to a speedy
tra, the dsmssa amounts to an
acqutta and operates to bar
another prosecuton for the same
offense even f the dsmssa were
upon moton of the accused.
The dscharge of a defendant on
a premnary nvestgaton s not
such an ad|udcaton n hs favor as
w bar a subsequent prosecuton
for the offense. Ths s because a
premnary nvestgaton s not tra
or any part thereof and does not
have for ts ob|ect that of
determnng defntey the gut of
the accused by proofs, counter-
proofs, and the other formates
prescrbed by aw.
Sec. 0. 'ro$isional dismissal. A
case sha not be provsonay
dsmssed except wth the express
consent of the accused and wth
notce to the offended party.
The provsona dsmssa of
offenses punshabe by
mprsonment not exceedng sx (6)
years or a fne of any amount, or
both, sha become permanent one
(1) year after ssuance of the order
wthout the case havng been
revved. Wth respect to offenses
punshabe by mprsonment of
more than sx (6) years, ther
provsona dsmssa sha become
permanent two (2) years after
55
ssuance of the order wthout the
case havng been revved. (n)
If a case s provsonay
dsmssed wth the consent of the
prosecutor and the offended party,
the faure to renstate t wthn the
gven perod w make the
dsmssa permanent.
PERIOD FOR REINSTATEMENT:
a) offenses punshabe by
mprsonment not exceedng 6
years = ONE YEAR
b) offenses punshabe by
mprsonment of more than 6 years
= TWO YEARS
Otherwse the dsmssa sha be
removed from beng provsona
and becomes permanent.
Secton 9. Faure to move to quash
or to aege any ground therefor.
If the accused does not move to
quash the compant or nformaton
before he peads thereto he sha
be taken to have waved a
ob|ectons whch are grounds for a
moton to quash, EXCEPT: when the
compant or nformaton
1. does not charge an offense
2. the court s wthout |ursdcton
over the offense charged
3. the offense or penaty has been
extngushed
4. |eopardy
Re8&isites efore t#e 3re-trial
a"reement !an e &sed as
eviden!e:
1. they are reduced to wrtng
2. the pre-tra agreement s sgned
by the accused and hs counse
(&$e!ts !onsidered d&rin" t#e
3re-trial:
1. pea barganng
2. stpuaton of facts
3. markng for dentfcaton of
evdence of the partes
4. waver of ob|ectons to
admssbty of evdence
5. modfcaton of the order of tra
f the accused admts the charge
but nterposes a awfu defense;
and
6. such other matters as w
promote a far and expedtous tra
Plea ar"ainin" - process
whereby the accused and the
prosecutor n a crmna case work
out a mutuay satsfactory
dsposton of the case sub|ect to
court approva. It usuay nvoves
the defendants peadng guty to a
esser offense or to ony one or
some of the counts of a mut-count
ndctment n return for a ghter
sentence than that for the graver
charge
+emurrer to e$idence. The moton
for eave of court to fe demurrer
to evdence sha specfcay state
ts grounds and sha be fed wthn
a non-extendbe perod of fve (5)
days after the prosecuton rests ts
case.
If eave of court s granted, the
accused sha fe the demurrer to
evdence wthn a non-extendbe
perod of ten (10) days from notce.
The prosecuton may oppose the
demurrer to evdence wthn a
smar perod from ts recept.
The order denyng the moton for
eave of court to fe demurrer to
56
evdence or the demurrer tsef
sha not be revewabe by appea
or certorar before |udgment. (n)
|udgment does not become
effectve unt t s promugated.
And where the |udgment s
modfed, the modfed sentence
does not become a sentence n aw
unt the same has been read or
announced to the defendants or
has become a part of the record of
the court.
Prom&l"ation of $&d"ment -
offca procamaton or
announcement of |udgment. It
conssts of readng the |udgment or
sentence n the presence of the
accused and any |udge of the court
renderng the |udgment.
When the |udge s absent or
outsde of the provnce or cty, the
|udgment may be promugated by
the cerk of court.
To be vad, the |udgment must
be sgned and promugated durng
the ncumbency of the |udge who
sgned the same. However, t s not
necessary that the |udge who
prepares and sgns the decson be
the one who heard the case.
The proper cerk of court sha
gve notce to accused personay
or through hs bondsman or
warden and counse requrng hm
to be present at the promugaton f
he fas to appear at the
promugaton sha consst of
recordng of the |udgment n the
docket and a copy thereof sha be
served upon the accused and hs
counse.
If the accused s confned or
detaned n another provnce or
cty, the |udgment may be
promugated by the executve
|udge of the RTC havng |ursdcton
over the pace of confnement or
detenton upon request of the court
that rendered the |udgment.
The |udgment or sentence,
whch must be promugated n the
presence of the defendant, s the
sentenced rendered by the RTC
after the tra of the case by the
sad court. What s requred of the
|udgment of the appeate court s
that certfed copes of the same
must be sent by the cerk of the
appeate court to the ower court
not for promugaton or readng
thereof to the defendant, but for
the executon of the |udgment
aganst hm.
Where the accused fas to
appear wthout |ustfabe cause,
despte due notce to hm, hs
bondsmen or counse, he s
consdered to have waved hs rght
to appea. However, f wthn
ffteen-day perod of appea, he
vountary surrenders to the court
or s otherwse arrested, then he
may ava of the rght to appea
wthn sad perod of appea.
1odification of 2ud(ment.
Upon moton of the accused, a
|udgment of convcton may be
modfed or set asde by the court
before t has become fna or
before an appea has been
perfected.
57
The prosecutor cannot ask for
the modfcaton or settng asde of
a |udgment of convcton because
the rues ceary provde that a
|udgment of convcton may be
modfed or set asde by the court
renderng upon moton of the
accused.
*ew trial - the rehearng of a case
aready decded but before the
|udgment of convcton theren
rendered has become fna,
whereby errors of aw or
rreguartes are expunged from
the record, or new evdence s
ntroduced, or both steps are taken
Cases w#en t#e trial !o&rt lose
$&risdi!tion over its senten!e
even efore t#e la3se of .?
days:
1. When the defendant vountary
submts to the executon of the
sentence
2. When the defendant perfects hs
appea. The moment the appea s
perfected the court a quo oses
|ursdcton over t, except for the
purpose of correctng cerca
errors.
Section 2. ,rounds for ne! trial.
,ro&nds for a new trial in
!riminal !ases:
1. errors of aw or rreguartes
commtted durng the tra
pre|udca to the substanta rghts
of the accused
2. new and matera evdence
dscovered:
ID&rin" t#e trialJ - refers to
every stage of the tra from
arragnment to |udgment
Re8&isites efore a new trial
may e "ranted on t#e "ro&nd
of newly dis!overed eviden!e:
1. that the evdence was
dscovered after tra
2. that such evdence coud not
have been dscovered and
produced at the tra even wth the
exercse of reasonabe dgence
3. that t s matera not merey
cumuatve, corroboratve or
mpeachng
4. the evdence s of such a weght
that t woud probaby change the
|udgment f admtted
(e!tion 0. ,ro&nds for
re!onsideration.
,ro&nds of motion for
re!onsideration
1. errors of aw
2. errors of fact n the |udgment,
whch requre no further
proceedngs
(e!tion 5. =orm of motion and
noti!e to t#e 3rose!&tor.
Re8&isites for a motion for new
trial or re!onsideration:
The moton for a new tra or
reconsderaton sha be:
1. n wrtng
2. fed wth the court
3. State grounds on whch t s
based
4. If the moton for new tra s
based on a newy dscovered
evdence, t must be supported by
the affdavts of the wtness by
whom such evdence s expected to
be gven, or duy authentcated
copes of documents whch t s
proposed to ntroduce n evdence.
5. Notce of the moton for
new tra or reconsderaton sha
be gven to the fsca
58
Effe!ts of "rantin" a new trial
or re!onsideration:
1. when a new tra s granted on
the ground of errors of aw or
rreguartes commtted durng the
tra, a proceedngs and evdence
not affected by the commsson of
such errors and rreguartes sha
stand, but those affected thereby
sha be set asde and taken anew.
The court may, n the nterest of
|ustce, aow the ntroducton of
addtona evdence
2. when a new tra s granted on
the ground of newy dscovered
evdence, the evdence aready
taken sha stand, and the newy
dscovered and such other
evdence as the court may, n the
nterest of |ustce, aow to be
ntroduced, sha be taken and
consdered together wth the
evdence aready n the record
3. In a cases, when the court
grants new tra or reconsderaton,
the orgna |udgment sha be set
asde and a new |udgment
rendered accordngy.
- The effect of the grantng of a
new tra s not to acqut the
accused of the crme of whch the
|udgment fnds hm guty, but
precsey to set asde sad
|udgment so that the case may be
tred de novo as f no tra had been
before, for the purpose of
renderng a |udgment n
accordance wth the aw, takng
nto consderaton the evdence to
be presented durng the second
tra.
How appea s taken:
1. Appeal to the Re(ional Trial
3ourt: by fng a notce of appea
wth the court whch rendered the
|udgment or order appeaed from
and servng a copy to the adverse
party
2. Appeal to the 3ourt of
Appeals from decision of the
Re(ional Trial 3ourt in the e4ercise
of its ori(inal 2urisdiction: by fng a
notce of appea wth the court
whch rendered the |udgment or
order appeaed from and servng a
copy to the adverse party
3. Appea to the Court of Appeas n
cases decded by Regona Tra
Court n the exercse of ts
appeate |ursdcton: by petton
for revew
4. Appea to the Supreme Court n
cases where penaty mposed s fe
mprsonment or where a esser
penaty s mposed but nvovng
offenses commtted on the same
occason or arsng out of the same
occurrence that gave rse to the
more serous offense for whch the
penaty of death or fe
mprsonment s mposed: by fng
a notce of appea wth the court
whch rendered the |udgment or
order appeaed from and servng a
copy to the adverse party
5. Death penaty: automatc revew
by the Supreme Court
6. Other appeas to the Supreme
Court: by petton for revew on
certorar
E9!e3tions to t#e r&le t#at
finds of fa!t of t#e Co&rt of
A33eals is !on!l&sive &3on t#e
(&3reme Co&rt:
1. when the concuson s a fndng
grounded entrey on specuaton,
surmses or con|ectures
59
2. when the nference made s
manfesty absurd, mstaken or
mpossbe
3. when there s grave abuse of
dscreton n the apprecaton of
facts
4. when the |udgment s
premsed on a msapprehenson of
facts
5. when the fndngs of fact are
confctng
6. when the Court of Appeas n
makng ts fndngs went beyond
the ssues of the case and the
same s contrary to the admssons
of both appeant and appeee
7. when certan matera facts
and crcumstances had been
overooked whch, f taken nto
account woud after the resut as t
woud gve rse to reasonabe doubt
to acqut the accused.
@&estion of law - when the doubt
or dfference arses as to what the
aw s on a certan state of facts. It
must not nvove an examnaton of
the probatve vaue of the evdence
presented by the tgants or any of
them.
@&estion of fa!t - when the doubt
or dfference arses as to the truth
or the fasehood of aeged facts
(ear!# warrant defined.
Elements of sear!# warrant:
1. order n wrtng
2. sgned by the |udge n the name
of the Peope of the Phppnes
3. commandng a peace offcer
to search persona property
4. brng the property before the
court
*ATURE O= (EARC-
>ARRA*T(
- Search warrants are n the nature
of crmna process and may be
nvoked ony n furtherance of
pubc prosecutons. Search
warrants have no reaton to cv
process or tras and are not
avaabe to ndvduas n the
course of cv proceedngs, nor for
the mantenance of any mere
prvate rght
(EARC- vs. (EIHURE
The term search as apped to
searches and sezures s an
examnaton of a mans house or
other budngs or premses or of
hs person wth a vew to the
dscovery of contraband or ct or
stoen property or some evdence
of gut to be used n the
prosecuton of a crmna acton for
some offense wth whch he s
charged
A sezure s the physca takng
of a thng nto custody
,E*ERAL >ARRA*T
A process whch authorzes the
search and sezure of thngs, n a
genera manner, wthout specfyng
or descrbng them wth
partcuarty, ke the equpment,
paraphernaa, communcatons,
records, pubcatons, documents,
nstruments, tems, suppes, and
other evdence n connecton wth
the voaton of an offense.
>ARRA*T O=
ARRE(T
S!#RCH
'#RR#
)T
1. order drected
to the peace
1. order n
wrtng n the
60
offcer to
execute the
warrant by
takng the
person stated
theren nto
custody that he
may be bound to
answer for the
commsson of
the offense.
name of the RP
sgned by the
|udge and
drected to the
peace offcer to
search persona
property
descrbed
theren and to
brng t to court.
(sec. 1)
2. does not
become stae
2. vadty s for
10 days ony
(sec. 9)
3. may be
served on any
day and at any
tme of day or
nght. (sec. 6,
rue 113).
3. to be served
ony n daytme
uness the
affdavt aeges
that the
property s on
the person or n
the pace to be
searched. (sec.
8)
4. upon probabe cause to be
determned personay by the |udge
after examnaton n wrtng and
under oath n the form of searchng
answers and questons.
5. ony ssued f
there s a
necessty of
pacng accused
under
mmedate
custody
5. sworn
statements and
affdavts of
companant and
wtnesses must
be submtted to
court.
Re8&isite for iss&in" sear!#
warrant.
Einds of 3ro3erty to e seiGed:
1. sub|ect of the offense
2. proceeds or fruts of the offense
3. the means used or ntended to
be used for commttng an offense
Re8&isites for t#e iss&an!e of a
valid sear!# warrant:
1. probabe cause
2. whch must be determned
personay by the |udge hmsef
after oath and affrmaton and not
by the appcant or any other
person
3. the |udge must, before ssung
the warrant, personay examne n
the form of searchng questons
and answers, n wrtng and under
oath, the compant and any
wtness he may produce, on facts
personay known to them
4. the probabe cause must be n
connecton wth one specfc
offense
5. the warrant ssued must
partcuary descrbe the pace to
be searched and the persons or
thngs to be sezed
6. the sworn together wth the
affdavts submtted by wtnesses
must be attached to the record.
PRO:A:LE CAU(E - facts and
crcumstances whch coud ead a
reasonabe, dscreet and prudent
man to beeve that the property
sub|ect of an offense are n the
pace sought to be searched.
- The requrement of probabe
cause to be determned by a |udge,
does not extend to deportaton
proceedngs
Reason for re8&irin" t#at no
sear!# warrant s#all iss&e for
more t#an one s3e!ifi! offense:
It woud pace the sanctty of the
domce and the prvacy of
communcaton and
correspondence at the mercy of
61
the whms, caprce or passon of
peace offcers.
Reason of re8&irin" t#at a
sear!# warrant m&st
3arti!&larly des!rie t#e 3la!e
to e sear!#ed and t#e 3ersons
or t#in"s to e seiGed:
to mt the thngs to be sezed to
those, and ony those, partcuary
descrbed n the search warrant -
to eave the offcers of the aw no
dscreton regardng what artces
they sha seze, to the end that "
unreasonabe searches and
sezure" may not be made, that
abuses may not be commtted.
Therefore, no other property than
those descrbed n the search
warrant may be taken thereunder.
Search incident to la!ful arrest.
A person awfuy arrested may
be searched for dangerous
weapons or anythng, whch may
be used as proof of the commsson
of an offense, wthout a search
warrant.
Cases w#ere warrantless
sear!#es and seiG&res valid:
1. search of movng vehces
2. consented search wthout a
warrant
3. sezure of evdence n pan vew
4. enforcement of customs aw,
except n dweng house
5. search based on probabe cause
under extraordnary crcumstances
The remedy for questonng the
vadty of a search warrant can
ony be sought n the court that
ssued t, not n the saa of another
|udge of concurrent |ursdcton.
>aiver of le"ality and
admissiility
- Ob|ecton to the egaty of the
search warrant as to the
admssbty of the evdence
obtaned or deemed waved where
no ob|ecton of the search warrant
was rased durng the tra of the
case nor to the admssbty of the
evdence obtaned through sad
warrant.
Total E9!l&sionary R&le
- Excudes as nadmssbe n
evdence those that were egay
sezed n voaton of the provsons
of the Consttuton appes a
restrant drected ony aganst the
government and ts agences
tasked wth the enforcement of the
aw. It coud ony be nvoked
aganst the state to whom the
restrant aganst the arbtrary and
unreasonabe exercse of power s
mposed.
GENERAL RULE: A moton to quash
a search warrant or to suppress
evdence may ony be fed and
acted upon ony by the court where
the acton s pendng.
EXCEPTION: If no crmna acton
has been fed, the moton may be
fed n and resoved by the court
that ssued the search warrant.
EXCEPTION to the EXCEPTION: If
the crmna case s subsequenty
fed n another court and the
moton to quash s st not resoved
by the ssung court, the moton
sha not be resoved by the former
court uness compeng reasons
warrant ts resouton by the atter
court.
62
Fng of moton to quash s wthout
pre|udce to any proper recourse to
the approprate hgher court by the
party aggreved. A grounds and
ob|ectons then avaabe, exstent
or known sha be rased n the
orgna or subsequent proceedngs
for the quasha of the warrant,
otherwse they sha be deemed
waved.
In vew of the foregong
amendment, t seems that the
OMNIBUS MOTION RULE s no
onger appcabe because the
moton to quash or moton to
suppress evdence s now fed n
one court.
1. Those to whch partes tgant
may resort for the preservaton or
protecton of ther rghts or
nterests and for no other purposes
durng the pendency of the acton
2. They are apped a pendng
tgaton for the purposes of
securng the |udgment or
preservng the status quo, and n
some cases after |udgment, for the
purpose of preservng or dsposng
of the sub|ect matter.
Availaility of 3rovisional
remedies.
*at&re of Provisional
Remedies
1. Those to whch partes tgant
may resort for the preservaton or
protecton of ther rghts or
nterests and for no other purposes
durng the pendency of the acton.
2. They are apped a pendng
tgaton for the purposes of
securng the |udgment or
preservng the status quo, and n
some cases after |udgment, for the
purpose of preservng or dsposng
of the sub|ect matter.
Einds of 3rovisional remedies
1. attachment
2. n|uncton
3. recevers
4. devery of persona property
5. support pendente te
Section 2. Attachment.
- It was hed by the Supreme Court
that the pubc prosecutor has the
authorty to appy for premnary
attachment as may be necessary
to protect the nterest of the
offended party, partcuary
consderng that the correspondng
cv abty of the cuprts s to be
determned theren, no reservaton
havng been made of the rght to
enforce t n a separate cv acton.
Attachment may be avaed of
ony when the cv acton arsng
from the crme has not been
expressy waved or not reserved
and ony n the foowng cases:
a) when the accused s about to
abscond from the Phppnes;
b) when the crmna acton s
based on a cam for money or
property embezzed or frauduenty
msapped or converted to the use
of the accused who s a pubc
offcer or a corporate offcer or an
attorney, broker, or agent or cerk
n the course of empoyment or by
a person n a fducary capacty.
c) when the accused has
conceaed, removed or about to
dspose of hs property
63
d) when the accused resdes
abroad.
EVIDE*CE
=ACTU' PRO:A*DU' - the
utmate fact sought to be
estabshed.
It may be ascertaned n:
a) peadngs submtted by the
partes
b) pre-tra order
c) ssues whch are tred wth
the express or mped consent of
the partes. ((e!. ?D R&le .;)
=ACTU' PRO:A*( - the matera
evdencng the proposton. It s
the fact by whch the factum
probandum s estabshed.
CLA((I=ICATIO* O= EVIDE*CE:
A. Dependng on ts ability to
establish the fact in dispute , an
evdence may be:
1. Dire!t eviden!e-evdence
whch proves the fact n dspute
wthout the ad of any nference or
presumpton.
2. Cir!&mstantial eviden!e-
such evdence from whch the
exstence of a partcuar fact n
dspute may be nferred as a
necessary or probabe
consequence.
B. Dependng on the de(ree of its
$alue in establishin( a disputed
fact , an evdence may be :
1. Prima =a!ie-evdence whch
suffces for the proof of a partcuar
fact unt contradcted and
overcome by other evdence.
2. C&m&lative eviden!e-
evdence whch s of the same knd
and character as that aready gven
and tends to prove the same
proposton.
3. Corroorative eviden!e-
evdence whch s of a dfferent
knd and character as that aready
gven and tends to prove the same
proposton.
4. Con!l&sive eviden!e-
evdence whch s ncontrovertbe
or the aw does not aow t to be
contradcted.
C. Dependng on ts !ei(ht and
acceptability , an evdence may be :
1. Primary or est eviden!e-f
t affords the greatest certanty of
the fact n queston.
2. (e!ondary eviden!e-
evdence whch s nferor to the
prmary evdence.
D. Dependng on ts nature , an
evdence may be:
1. O$e!t eviden!e-f t s
addressed to the senses of the
court and s capabe of beng
exhbted to examned or vewed
by the court. Aso known as
autoptic proference.
2. Do!&mentary eviden!e-
evdence whch conssts of wrtngs,
words, numbers, fgures, symbos
or other modes of wrtten
expressons offered as proof of
ther contents.
3. Testimonial eviden!e-
evdence whch conssts of the
narraton or deposton by one who
has observed or has persona
knowedge of that to whch he s
testfyng.
64
E. Dependng on ts "uality , an
evdence may be:
1. Relevant eviden!e-f t has a
reaton to the fact n ssue as to
nduce beef n ts exstence or
non-exstence.
2. Admissile eviden!e-f s
reevant to the ssue and s not
excuded by aw or the Rues of
Court. T#is is also %nown as
Com3etent eviden!e.
3. Credile eviden!e-f t s not
ony admssbe evdence but aso
beevabe and used by the court n
decdng a case.
REOUISITES FOR ADMISSIBILITY OF
EVIDENCE:
The evdence must be-
1. Reevent-has a ogca
connecton wth the fact n ssue.
2. Competent-not excuded by
the aw or the rues.
PRINCIPLES OF ADMISSIBILITY
2 AXIOMS OF ADMISSIBILITY:
1. Axom of Reevancy -None but
facts havng ratona probatve
vaue are admssbe ; and
2. Axom of Competency - A facts
havng ratona probatve vaue are
admssbe uness some specfc
rue forbds ther admsson.
EI*D( O= AD'I((I:ILIT):
1. MULTIPLE-evdence w be
receved f t satsfes a the
requrements prescrbed by aw n
order that t may be admssbe for
the purpose for whch t s
presented, even f t does not
satsfy the other requstes for ts
admssbty for other purposes.
2.CONDITIONAL-A fact offered n
evdence may appear to be
mmatera uness t s connected
wth other facts to be subsequenty
proved. In such case, evdence of
that fact may be receved on
condton that the other facts be
afterwards proved.
3.CURATIVE-an mproper evdence
s offered and admtted by the
court over the ob|ecton of the
adverse party; n such case, the
adverse party s kewse entted to
ntroduce a smar mproper
evdence to counteract that
aready gven.
The foowng facts need not be
proved:
1. Those whch the courts may take
|udca notce (R&le .7B);
2. Those whch are |udcay
admtted (R&le .7B);
3. Those whch are presumed
1R&le .0.).
THE LAW OF NATIONS - The aw of
natons whch s the sub|ect of
|udca notce s the aw whch
reguates the reatons of the
domnant powers of the earth. It s
not a foregn muncpa aw whch
our courts are not authorzed to
take |udca notce of but the
compaton of rues whch by
common consent of manknd have
been acquesced n as aw.
Dscretonary |udca Notce:
matters whch are
1. of pubc knowedge; or
2. capabe of unquestonabe
demonstraton; or
3. those that |udges ought to
know by reason of ther |udca
functons.
+UDICIAL AD'I((IO*--the
admsson made n the course of
65
the proceedngs n the same case
by a party.
+&di!ial Admissions 'ay :e
'ade in:
1. the peadngs fed by the
partes;
2. n the course of the tra ether
by verba or wrtten manfestatons
or stpuatons; or
3. n other stages of the |udca
proceedng, as n the pre-tra of
the case;
4. admssons obtaned through
depostons, wrtten nterrogatores
or requests for admssons.
+&di!ial admissions may e
!ontradi!ted only w#en it is
s#own t#at:
1. t was made through papabe
mstake; or
2. that no such admsson was
made.
+&di!ial admissions in 3leadin"s
later amended
In cv cases, an amended
peadng becomes a |udca
admsson and the contents of the
peadng t amends not ncuded n
the amended peadng becomes
extra|udca admssons whch
must be offered n evdence for t
to be consdered by the tra court.
In crmna cases, the accuseds
pea of guty ater wthdrawn
cannot be offered n evdence
aganst the accused as t w not
be n the nterest of |ustce and
farpay to aow the accused to
wthdraw hs pea and thereafter
use ths aganst hm.
|udca admssons are aways
concusve upon the admtter and
does not requre forma offer as
evdence, unke n the case of
extra-|udca admssons.
O$e!t Eviden!e
Not a rue of excuson thus other
knds of evdence may be
presented even f there s an ob|ect
evdence.
Re8&isites of o$e!t eviden!e
to e admissile:
1. reevant and competent
2. must be n the same condton
when t s presented n court as t
was durng the occurrence of the
fact n ssue.
RE'EDIE( when ob|ect
evdence cannot be brought to
court:
1.O!&lar ins3e!tion or IviewJ-
the court can go to the pace where
the ob|ect s ocated.
*ie( part of t$e trial-The
nspecton or vew outsde the
courtroom shoud be made n the
presence of the partes or at east
wth prevous notce to them n
order that they may show the
ob|ect to be vewed. Such
nspecton s a part of the tra,
nasmuch as evdence s thereby
beng receved. The partes are
entted to be present any stage of
the tra, and consequenty they are
entted to be at east notfed of
the tme and pace set for the vew.
2.Actua representatons
authentcated or dentfed by
testmona evdence. Exampe, a
photograph of dapdated budng
dentfed by the photographer or
by any other person who can
66
testfy to ts exactness and
accuracy.
,ro&nds for e9!l&din" O:+ECT
EVIDE*CE:
Inherent 5imitations:
1)rreevancy / mmateraty
2) egay obtaned evdence
*on)inherent 5imitations:
1. Undue pre|udce
2. Indecency or mproprety
3. Offensveness to sensbtes
4. Inconvenence and
unnecessary expense of tgaton.
PAROL
EVIDE*CE
RULE 1PER2
:E(T
EVIDE*CE
RULE 1:ER2
Presupposes
that the orgna
s avaabe n
court;
Contempates
a stuaton when
the orgna s
not avaabe n
court and/or
there s a
dspute as to
whether sad
wrtng s the
orgna.
Prohbts the
varyng of the
terms of a
wrtten
agreement;
Prohbts the
ntroducton of
substtutonary
evdence n eu
of the orgna
document
regardess of
whether or not t
vares the
contents of the
orgna;
Can be
nvoked ony
when the
controversy s
between the
partes to the
wrtten
Can be
nvoked by any
party to an
acton
regardess of
whether such
party
agreement, ther
prves, or any
party drecty
affected
thereby.
partcpated or
not n the
wrtng nvove.
Wth the
excepton of
ws, the PER
appes ony to
documents
whch are
contractua n
nature.
Appes to a
knds of wrtng.
:est Eviden!e R&le s a rue of
excuson thus, sub|ect to the
exceptons under Rue 130, Sec. 3,
t s mandatory that the orgna
copy be presented n court. Ths
rue appes ony to documentary
evdence, not to ob|ect evdence.
T-REE 102 CO*CEPT( O=
IORI,I*ALJ U*DER T-E :E(T
EVIDE*CE RULE 1(e!. 52
1. One the contents of whch s the
sub|ect of nqury;
2. When a document s n two or
more copes executed at or about
same tme wth dentca contents,
a such copes are equay
regarded as orgnas;
3. When an entry s repeated n
the reguar course of busness, one
beng coped from another at or
near the tme of the transacton.
(ECO*DAR) EVIDE*CE
(e!tion ?. >#en ori"inal
do!&ment is &navailale.
In case of oss or destructon of
the orgna document, the
foowng are admssbe after
provng EXECUTION or EXISTENCE,
CAUSE OF ITS UNAVAILABILITY
67
wthout bad fath on the part of the
offeror, and REASONABLE EFFORT:
1.a copy;
2.a recta of the contents n some
authentc document; or
3.the testmony of wtnesses.
These secondary paroe
evdence shoud be presented n
the order stated.
REOUISITES FOR APPLICABILITY OF
PAROL EVIDE*CE RULE:
1. There must be a vad contract;
2. The terms of the agreement
must be reduced to wrtng;
3. The dspute s between partes
and ther successors n nterest;
and
4. There s dspute as to the terms
of the agreement.
Intrinsi! or Latent Ami"&ity-
when the wrtng on ts face
appears cear and unambguous
but there are coatera matters or
crcumstances whch make the
meanng uncertan. Exampe: f a
devse n a w were made to Lo
Vearde, sster of |oseph Vearde,"
an ntrnsc ambguty woud exst f
Lo Vearde s actuay not the sster
of |oseph Veardebut the wfe of
|oseph Vearede whe hs ssters
name s |oy.
E9trinsi! or Patent Ami"&ity
-ambguty s apparent on the face
of the wrtng tsef and requres
somethng to be added n order to
ascertan the meanng of the words
used.
Intermediate Ami"&ity-Where
the ambguty conssts n the use of
equvoca words desgnatng the
person or sub|ect matter, paro
evdence of coatera or extrnsc
matter may be ntroduced for the
purpose of adng the court n
arrvng at the meanng of the
anguage used.
I*TRI*(IC and I*TER'EDIATE
A':I,UITIE( are curabe by
evdence aunde or extraneous
evdence. PATE*T A':I,UIT) s
not cured by evdence aunde.
Dis8&alifi!atio
n y REA(O*
O= 'ARRIA,E
1(e!. 702
Dis8&alifi!atio
n y REA(O*
O= 'ARITAL
PRIVILE,E
1(e!. 751a2 2
Can be nvoke
ony f one of the
spouses s a
party to the
acton;
Can be
camed whether
or not the other
spouse s a party
to the acton;
Appes ony f
the marrage s
exstng at the
tme the
testmony s
offered;
Can be
camed even
after the
marrage s
dssoved;
Consttutes a
tota prohbton
for or aganst
the spouse of
the wtness.
Appes ony to
confdenta
communcatons
between the
spouses
The ob|ecton
woud be rased
on the ground of
marrage. The
marred wtness
woud not be
aowed to take
the stand at a
because of the
dsquafcaton.
Even f the
testmony s, for
the marred
person s on the
stand but the
ob|ecton of
prvege s
rased when
confdenta
marta
communcaton
s nqured nto.
68
or aganst the
ob|ectng
spouse, the
spouse-wtness
cannot testfy.
DEAD 'A*F(
(TATUTE
'ARITAL
DI(@UALI=ICA
TIO* RULE
Ony a parta
dsquafcaton
as the wtness s
not competey
dsquafed but
s ony
prohbted from
testfyng on the
matters theren
specfed;
It s a
compete and
absoute
dsquafcaton;
Appes ony to
a cv case or
speca
proceedng over
the estate of a
deceased or
nsane person.
Appes to a
cv or crmna
case, sub|ect
ony to the two
exceptons
provded
theren:
(1)e4cept in a
civil case by
one against
t$e ot$er; or
(2) in a criminal
case for a crime
committed by
one against
t$e ot$er or
t$e latter+s
direct
descendants
or
ascendants).
AD'I((IO* CO*=E((IO*
1.statement of
fact whch does
not nvove an
1.statement of
fact whch
nvove an
acknowedgmen
t of gut or
abty;
acknowedgment
of gut or
abty;
2. may be made
by thrd persons
and n certan
cases, are
admssbe
aganst a party;
2. can be made
ony by the party
hmsef and, n
some nstances,
are admssbe
aganst hs co-
accused;
3. express or
tact
3. aways
express
DECLARATIO*
( A,AI*(T
I*TERE(T
AD'I((IO*(
1.made aganst
the propretary
or pecunary
nterest of the
partes
1.need not be
made aganst
pecunary or
propretary
nterest;
2. made by a
person who s
ether deceased
or unabe to
testfy
2.made by a
party hmsef,
and s prmary
evdence and
competent
though he be
present n court
and ready to
testfy;
3. must be made
ante litem
motam
3. may be made
any tme.
CO*=E((IO* - a categorca
acknowedgment of gut made by
an accused n a crmna case,
wthout any excupatory statement
or expanaton.
If the accused admts havng
commtted the act n queston but
aeges a |ustfcaton therefore, the
same s merey an admsson.
69
there can aso be a confesson of
|udgment n a cv case where the
party expressy admts hs abty.
+UDICIAL CO*=E((IO*-s one
made before a court n whch the
case s pendng and n the course
of ega proceedngs theren and,
by tsef, can sustan a convcton
even n capta offenses.
ECTRA-+UDICIAL CO*=E((IO*-
s one made n any other pace or
occason and cannot sustan a
convcton uness ts vountarness
s proven and uness corroborated
by evdence of the corpus delicti.
RE@UIRE'E*T( =OR A*
ECTRA+UDICIAL CO*=E((IO*
TO :E AD'I((I:LE:
1. It must be express (Sec. 33,
Rue 130 Rues of Court);
2. Vountary (1987 Consttuton)
3. Wth assstance of competent
and ndependent counse (1987
Consttuton)
4. Must be n wrtng (R.A.7438);
,E*ERAL RULE: an EXTRA-
|UDICIAL CONFESSION s admssbe
aganst the confessor ony. It s
ncompetent evdence aganst hs
co-accused for beng hearsay and
because of the res inter alios acta
rue.
ECCEPTIO*(: When admssbe
aganst the co-defendants:
1. If the co-defendants mpedy
acquesced n or adopted sad
confesson;
2. If the accused persons
vountary and ndependenty
executed dentca confesson
wthout couson, and corroborated
by other evdence-INTERLOCKING
CONFESSIONS
3. Where the accused admtted the
facts stated by the confessant after
beng apprsed by such confesson;
4. If they are charged as co-
consprators of the crme whch
was confessed by one of the
accused and sad confesson s
used ony as corroboratng
evdence;
5. Where the confesson s used as
crcumstanta evdence to show
the probabty of partcpaton by
the co-consprator;
6. When the confessant testfed
for hs co-defendant;
7. Where the co-consprator
extra|udca confesson s
corroborated by other evdence of
record.
CLA((I=ICATIO* O= OUT-O=-
COURT (TATE'E*T(:
.. -EAR(A)-- Those whch are
consdered as hearsay and
therefore nadmssbe, ths occurs
when the purpose for ntroducng
the our-of-court statement s to
prove the truth of the facts
asserted theren;
7. *O*--EAR(A)-Admssbe.
Ths occurs when the purpose for
ntroducng the statement s not to
prove the truth of the facts
asserted theren but ony the
makng of the statements and are
admssbe n evdence when the
makng of the statement s
reevant. These are so-caed
INDEPENDENTLY RELEVANT
STATEMENTS.
0. ECCEPTIO*( TO T-E
-EAR(A) RULE-Those whch are
70
hearsay but are consdered as
exceptons to the hearsay rue and
are therefore admssbe. These
are from Sectons 37 to 47 of Rue
130.
-EAR(A) EVIDE*CE:
They are admssbe by reason of
NECESSITY and
TRUSTWORTHINESS.
Hearsay evdence not ob|ected to
may be admssbe but, whether
ob|ected to or not, has no
probatve vaue and as opposed to
drect and prmary evdence, the
atter aways prevas.
ECCEPTIO*( TO T-E -EAR(A)
RULE:
1. Dyng Decaraton;
2. Decaraton Aganst Interest;
3. Act or decaraton About
pedgree;
4. Famy reputaton or tradton
regardng pedgree;
5. Common reputaton;
6. Res Gestae;
7. Entres n the ordnary
course of busness;
8. Entres n offca records;
9. Commerca sts;
10. Learned treatses;
Dyin" de!laration
RE@UI(ITE(:
1. That death s mmnent and the
decarant s conscous of that fact;
2. That the decaraton refers to
the cause and and surroundng
crcumstances of such death;
3. That the decaraton reates to
the facts whch the vctm s
competent to testfy to; and
4. That the decaraton s offered n
a case wheren the decarants
death s sub|ect of the nqury.
RE( ,E(TAE - teray means
thngs done; t ncudes the
crcumstances, facts, and
decaratons ncdenta to the man
fact or transacton necessary to
ustrate ts character and aso
ncudes acts, words or decaraton
whch are cosey connected
therewth as to consttute part of
the transacton.
T>O T)PE( O= PART O= RE(
,E(TAE:
1. Statements made by a person
whe a startng occurrence s
takng pace or mmedatey pror
or subsequent thereto wth respect
to the crcumstances thereof
(SPONTANEOUS STATEMENTS)
2. Statements accompanyng an
equvoca act matera to the ssue,
and gvng t a ega sgnfcance
(VERBAL ACTS).
RE@UI(ITE( O= AD'I((I:ILIT)
O= (PO*TA*EOU(
(TATE'E*T(:
1. there must be a startng
occurrence
2. the statement must reate to the
crcumstances of the starng
occurrence
3. the statement must be
spontaneous
RE@UI(ITE( O= AD'I((I:ILIT)
O= VER:AL ACT(:
1. the act or occurrence
characterzed must be equvoca
2. verba acts must characterze
or expan the equvoca act
3. equvoca act must be reevant
to the ssue
4. verba acts must be
contemporaneous wth the
equvoca act
71
VER:AL ACT(
(PO*TA*EOU(
(TATE'E*T(
the res gestae
s the equvoca
act
the res gestae
s the startng
occurrence
verba act
must be
contemporaneou
s wth or must
accompany the
equvoca act
statements be
may be made
pror, whe or
mmedatey
after the
startng
occurrence
O3inion of a witness is not
admissile.
ECCEPTIO*(:
1. On a matter requrng SPECIAL
knowedge, sk, experence or
tranng whch he s shown to
possess ((e!. 5B);
2. The dentty of a person about
whom he has adequate knowedge
((e!. ?;KaL);
3. A handwrtng wth whch he has
suffcent famarty ((e!. ?; KL);
4. The menta santy of a person
wth whom he s suffcenty
acquanted ((e!. ?; K!L);
5. The wtness mpressons of the
emoton, behavor, condton or
appearance of a person ((e!. ?;
Kd|);.
CLA((I=ICATIO* O=
PRE(U'PTIO*(:
1. PRE(U'PTIO* I( +URI( OR
O= LA>-deducton whch the aw
expressy drects to be made from
partcuar facts.
2. PRE(U'PTIO* I( -O'I*I(
OR O= =ACT-deducton whch
reason draws from facts proved
wthout an express drecton from
the aw to that effect.
PRE(U'PTIO* I( +URI( may be
dvded nto:
1. CO*CLU(IVE PRE(U'PTIO*
(2ure et de 2ure)-whch s a
presumpton of aw that s not
permtted to be overcome by any
proof to the contrary; and
2. DI(PUTA:LE PRE(U'PTIO*(
(2uris tantum)-s that whch the
aw permts to be overcome or
contradcted by proofs to the
contrary; otherwse, the same
remans satsfactory.
LEADI*, @UE(TIO*-Oueston
whch suggests to the wtness the
answer whch the examnng party
desrers.
ECCEPTIO*(:
1. On premnary matters;
2. On cross-examnaton;
3. To adverse party wtness;
4. To hoste wtness;
5. To unwng wtness;
6. To chdren of tender age;
7. To deaf-mutes;
8. To those who are gnorant;
9. To those who are of weak
mnds;
10. To the offcers of the adverse
party who s a |urdca person.
'I(LEADI*, @UE(TIO*- one
whch assumes as true a fact not
yet testfed to by the wtness, or
contrary to that whch he has
prevousy stated. It s NOT
aowed.
PU:LIC
>RITI*,
PRIVATE
>RITI*,
As to
a&t#enti!
ity
a pubc
document
s
admssbe
evdence,
wthout
a
prvate
wrtng
must be
proved
reatve to
72
further
proof of
ts
genunene
ss and
due
executon
ts due
executon
and
genunene
ss-ts
authentct
y-before t
may be
receved
n
evdence.
As to
3ersons
o&nd
a pubc
nstrumen
t s
evdence
even
aganst
thrd
persons,
of the fact
whch
gave rse
to ts due
executon
and to the
date of
the atter;
a
prvate
wrtng
bnds ony
the partes
who
executed
them or
ther
prves,
nsofar as
due
executon
and date
of the
document
are
concerned
.
As to
validity
of
!ertain
transa!ti
ons
certan
transacto
ns must
be n a
pubc
document,
otherwse
they w
not be
gven any
vadty.
'ODE( O= ECCLUDI*,
I*AD'I((I:LE EVIDE*CE:
1. O$e!tion-when the evdence s
offered.
2. 'otion to stri%e o&t or
E93&n"e - exampes are:
a. when the wtness answers
prematurey before there s
reasonabe opportunty for the
party to ob|ect (Sec. 39);
b. unresponsve answers;
c. answers that are
ncompetent, rreevant, or
mproper (Sec. 39);
d. uncompeted testmones
where there was no opportunty for
the other party to cross-examne.
Itender of e9!l&ded eviden!eJ?
Where the court refuses to
permt the counse to present
testmony whch he thnks s
competent, matera and necessary
to prove hs case, the method of
propery preservng the record to
the end that the queston may be
saved for the purpose of revew, s
through the makng of an offer of
proof (tender of excuded
evdence).
PURPO(E(:
1. to nform the court what s
expected to be proved; and
2. procurng exceptons to the
excuson of the offered evdence
so that the appeate court may
determne from the record whether
the proposed evdence s
competent.
PREPO*DERA*CE O= EVIDE*CE
-evdence whch s of greater
weght or more convncng or
superor weght of evdence than
that whch s offered n opposton
to t.
REA(O*A:LE DOU:T-doubt
engendered by an nvestgaton of
73
the whoe proof and an nabty,
after such nvestgaton, to et the
mnd rest easy upon the certanty
of gut. Absoute certanty of gut
s not demanded by the aw to
convct a person charged for the
commsson of an offense, but
mora certanty s requres as to
every proposton of proof requste
to consttute the offense.
E@UIPO*DERA*CE O=
EVIDE*CE-The evdence of both
partes when paced on the dvson
scae s baance. In cv cases, ths
means that the court w rue n
favor of the party who has no
burden of proof. In crmna cases,
ths means acqutta of the
accused.
Falsus in uno Falsus in
omnibus
A wtness wfuy testfyng the
truth n one partcuar, when upon
oath, ought never to be beeved
upon, the strength of hs own
testmony whatever he may assert.
LI'ITATIO*(:
1. the testmony concernng whch
the wtness has sworn fasey, must
reate to a matera pont n ssue;
2. such testmony must have
been gven by the wtness
ntentonay, and he must have
known t to be fase
I'PORTA*T:
a. Deas ony wth the weght of
evdence and not a postve rue of
aw.
b. The wtnesses fase or
exaggerated statements on other
matters sha not precude the
acceptance of such evdence as s
reeved from any sgn of
fasehood.
c. The court may accept and
re|ect portons of the wtness
testmony dependng on the
nherent credbty thereof.
Ths s not a mandatory rue of
evdence but s apped by the
courts n ts dscreton.
,#%-% )o% .&/0/12/SC effect on 23
October 2..&%4
T-E RULE O*
T-E >RIT O= A'PARO
(ECTIO* .. 'etition. - The petton for a
wrt of amparo s a remedy avaabe to
any person whose rght to fe, berty and
securty s voated or threatened wth
voaton by an unawfu act or omsson of
a pubc offca or empoyee, or of a
prvate ndvdua or entty. The wrt sha
cover extraega kngs and enforced
dsappearances or threats thereof.
(EC. 7. 6ho 1ay 7ile. - The petton may
be fed by the aggreved party or by any
quafed person or entty n the foowng
order:
(a) Any member of the mmedate famy,
namey: the spouse, chdren and parents
of the aggreved party;
(b) Any ascendant, descendant or
coatera reatve of the aggreved party
wthn the fourth cv degree of
consangunty or affnty, n defaut of
those mentoned n the precedng
paragraph; or
(c) Any concerned ctzen, organzaton,
assocaton or nsttuton, f there s no
known member of the mmedate famy or
reatve of the aggreved party.
The fng of a petton by the aggreved
party suspends the rght of a other
authorzed partes to fe smar pettons.
Lkewse, the fng of the petton by an
authorzed party on behaf of the
aggreved party suspends the rght of a
others, observng the order estabshed
heren.
(EC. 0. 6here to 7ile. - The petton may
be fed on any day and at any tme wth
the Regona Tra Court of the pace where
the threat, act or omsson was commtted
or any of ts eements occurred, or wth
74
the Sandganbayan, the Court of Appeas,
the Supreme Court, or any |ustce of such
courts. The wrt sha be enforceabe
anywhere n the Phppnes.
When ssued by a Regona Tra Court or
any |udge thereof, the wrt sha be
returnabe before such court or |udge.
When ssued by the Sandganbayan or the
Court of Appeas or any of ther |ustces, t
may be returnabe before such court or
any |ustce thereof, or to any Regona
Tra Court of the pace where the threat,
act or omsson was commtted or any of
ts eements occurred.
When ssued by the Supreme Court or any
of ts |ustces, t may be returnabe before
such Court or any |ustce thereof, or
before the Sandganbayan or the Court of
Appeas or any of ther |ustces, or to any
Regona Tra Court of the pace where the
threat, act or omsson was commtted or
any of ts eements occurred.
(EC. 5. *o +oc8et 7ees. - The pettoner
sha be exempted from the payment of
the docket and other awfu fees when
fng the petton. The court, |ustce or
|udge sha docket the petton and act
upon t mmedatey.
(EC. ?. 3ontents of 'etition. - The petton
sha be sgned and verfed and sha
aege the foowng:
(a) The persona crcumstances of the
pettoner;
(b) The name and persona crcumstances
of the respondent responsbe for the
threat, act or omsson, or, f the name s
unknown or uncertan, the respondent
may be descrbed by an assumed
appeaton;
(c) The rght to fe, berty and securty of
the aggreved party voated or threatened
wth voaton by an unawfu act or
omsson of the respondent, and how such
threat or voaton s commtted wth the
attendant crcumstances detaed n
supportng affdavts;
(d) The nvestgaton conducted, f any,
specfyng the names, persona
crcumstances, and addresses of the
nvestgatng authorty or ndvduas, as
we as the manner and conduct of the
nvestgaton, together wth any report;
(e) The actons and recourses taken by the
pettoner to determne the fate or
whereabouts of the aggreved party and
the dentty of the person responsbe for
the threat, act or omsson; and
(f) The reef prayed for the petton may
ncude a genera prayer for other |ust and
equtabe reefs.
(EC. /. Issuance of the 6rit. - Upon the
fng of the petton, the court, |ustce or
|udge sha mmedatey order the
ssuance of the wrt f on ts face t ought
to ssue. The cerk of court sha ssue the
wrt under the sea of the court; or n case
of urgent necessty, the |ustce or the
|udge may ssue the wrt under hs or her
own hand, and may deputze any offcer or
person to serve t.
The wrt sha aso set the date and tme
for summary hearng of the petton whch
sha not be ater than seven (7) days from
the date of ts ssuance.
(EC. 6. 'enalty for Refusin( to Issue or
Ser$e the 6rit. - A cerk of court who
refuses to ssue the wrt after ts
aowance, or a deputzed person who
refuses to serve the same, sha be
punshed by the court, |ustce or |udge for
contempt wthout pre|udce to other
dscpnary actons.
(EC. <. 9o! the 6rit is Ser$ed. - The wrt
sha be served upon the respondent by a
|udca offcer or by a person deputzed by
the court, |ustce or |udge who sha retan
a copy on whch to make a return of
servce. In case the wrt cannot be served
personay on the respondent, the rues on
substtuted servce sha appy.
(EC. B. Return 3ontents. - Wthn
seventy-two (72) hours after servce of the
wrt, the respondent sha fe a verfed
wrtten return together wth supportng
affdavts whch sha, among other thngs,
contan the foowng:
(a) The awfu defenses to show that the
respondent dd not voate or threaten
wth voaton the rght to fe, berty and
securty of the aggreved party, through
any act or omsson;
(b) The steps or actons taken by the
respondent to determne the fate or
whereabouts of the aggreved party and
the person or persons responsbe for the
threat, act or omsson;
(c) A reevant nformaton n the
possesson of the respondent pertanng to
the threat, act or omsson aganst the
aggreved party; and
75
(d) If the respondent s a pubc offca or
empoyee, the return sha further state
the actons that have been or w st be
taken:
() to verfy the dentty of the aggreved
party;
() to recover and preserve evdence
reated to the death or dsappearance of
the person dentfed n the petton whch
may ad n the prosecuton of the person
or persons responsbe;
() to dentfy wtnesses and obtan
statements from them concernng the
death or dsappearance;
(v) to determne the cause, manner,
ocaton and tme of death or
dsappearance as we as any pattern or
practce that may have brought about the
death or dsappearance;
(v) to dentfy and apprehend the person
or persons nvoved n the death or
dsappearance; and
(v) to brng the suspected offenders
before a competent court.
The return sha aso state other matters
reevant to the nvestgaton, ts resouton
and the prosecuton of the case.
A genera dena of the aegatons n the
petton sha not be aowed.
(EC. .;. +efenses not 'leaded +eemed
6ai$ed. - A defenses sha be rased n
the return, otherwse, they sha be
deemed waved.
(EC. ... 'rohibited 'leadin(s and
1otions. - The foowng peadngs and
motons are prohbted:
(a) Moton to dsmss;
(b) Moton for extenson of tme to fe
return, opposton, affdavt, poston paper
and other peadngs;
(c) Datory moton for postponement;
(d) Moton for a b of partcuars;
(e) Countercam or cross-cam;
(f) Thrd-party compant;
(g) Repy;
(h) Moton to decare respondent n
defaut;
() Interventon;
(|) Memorandum;
(k) Moton for reconsderaton of
nterocutory orders or nterm reef
orders; and
() Petton for certorar, mandamus or
prohbton aganst any nterocutory
order.
(EC. .7. %ffect of 7ailure to 7ile Return. -
In case the respondent fas to fe a
return, the court, |ustce or |udge sha
proceed to hear the petton ex parte.
(EC. .0. Summary 9earin(. - The
hearng on the petton sha be summary.
However, the court, |ustce or |udge may
ca for a premnary conference to
smpfy the ssues and determne the
possbty of obtanng stpuatons and
admssons from the partes.
The hearng sha be from day to day unt
competed and gven the same prorty as
pettons for habeas corpus.
(EC. .5. Interim Reliefs. - Upon fng of
the petton or at anytme before fna
|udgment, the court, |ustce or |udge may
grant any of the foowng reefs:
(a) Temporary 'rotection :rder. - The
court, |ustce or |udge, upon moton or
motu propro, may order that the
pettoner or the aggreved party and any
member of the mmedate famy be
protected n a government agency or by
an accredted person or prvate nsttuton
capabe of keepng and securng ther
safety. If the pettoner s an organzaton,
assocaton or nsttuton referred to n
Secton 3(c) of ths Rue, the protecton
may be extended to the offcers nvoved.
The Supreme Court sha accredt the
persons and prvate nsttutons that sha
extend temporary protecton to the
pettoner or the aggreved party and any
member of the mmedate famy, n
accordance wth gudenes whch t sha
ssue.
The accredted persons and prvate
nsttutons sha compy wth the rues and
condtons that may be mposed by the
court, |ustce or |udge.
(b) Inspection :rder. - The court, |ustce
or |udge, upon verfed moton and after
due hearng, may order any person n
possesson or contro of a desgnated and
or other property, to permt entry for the
purpose of nspectng, measurng,
surveyng, or photographng the property
or any reevant ob|ect or operaton
thereon.
The moton sha state n deta the pace
or paces to be nspected. It sha be
supported by affdavts or testmones of
wtnesses havng persona knowedge of
76
the enforced dsappearance or
whereabouts of the aggreved party.
If the moton s opposed on the ground of
natona securty or of the prveged
nature of the nformaton, the court,
|ustce or |udge may conduct a hearng n
chambers to determne the mert of the
opposton.
The movant must show that the nspecton
order s necessary to estabsh the rght of
the aggreved party aeged to be
threatened or voated.
The nspecton order sha specfy the
person or persons authorzed to make the
nspecton and the date, tme, pace and
manner of makng the nspecton and may
prescrbe other condtons to protect the
consttutona rghts of a partes. The
order sha expre fve (5) days after the
date of ts ssuance, uness extended for
|ustfabe reasons.
(c) 'roduction :rder. - The court, |ustce
or |udge, upon verfed moton and after
due hearng, may order any person n
possesson, custody or contro of any
desgnated documents, papers, books,
accounts, etters, photographs, ob|ects or
tangbe thngs, or ob|ects n dgtzed or
eectronc form, whch consttute or
contan evdence reevant to the petton
or the return, to produce and permt ther
nspecton, copyng or photographng by
or on behaf of the movant.
The moton may be opposed on the
ground of natona securty or of the
prveged nature of the nformaton, n
whch case the court, |ustce or |udge may
conduct a hearng n chambers to
determne the mert of the opposton.
The court, |ustce or |udge sha prescrbe
other condtons to protect the
consttutona rghts of a the partes.
(d) 6itness 'rotection :rder. - The court,
|ustce or |udge, upon moton or motu
propro, may refer the wtnesses to the
Department of |ustce for admsson to the
Wtness Protecton, Securty and Beneft
Program, pursuant to Repubc Act No.
6981. The court, |ustce or |udge may aso
refer the wtnesses to other government
agences, or to accredted persons or
prvate nsttutons capabe of keepng and
securng ther safety.
(EC. .?. A$ailability of Interim Reliefs to
Respondent. - Upon verfed moton of the
respondent and after due hearng, the
court, |ustce or |udge may ssue an
nspecton order or producton order under
paragraphs (b) and (c) of the precedng
secton.
A moton for nspecton order under ths
secton sha be supported by affdavts or
testmones of wtnesses havng persona
knowedge of the defenses of the
respondent.
(EC. ./. 3ontempt. - The court, |ustce or
|udge may order the respondent who
refuses to make a return, or who makes a
fase return, or any person who otherwse
dsobeys or ressts a awfu process or
order of the court to be punshed for
contempt. The contemnor may be
mprsoned or mposed a fne.
(EC. .6. -urden of 'roof and Standard of
+ili(ence Re"uired. - The partes sha
estabsh ther cams by substanta
evdence. The respondent who s a prvate
ndvdua or entty must prove that
ordnary dgence as requred by
appcabe aws, rues and reguatons was
observed n the performance of duty. The
respondent who s a pubc offca or
empoyee must prove that extraordnary
dgence as requred by appcabe aws,
rues and reguatons was observed n the
performance of duty. The respondent
pubc offca or empoyee cannot nvoke
the presumpton that offca duty has
been reguary performed to evade
responsbty or abty.
(EC. .<. ;ud(ment. - The court sha
render |udgment wthn ten (10) days from
the tme the petton s submtted for
decson. If the aegatons n the petton
are proven by substanta evdence, the
court sha grant the prvege of the wrt
and such reefs as may be proper and
approprate; otherwse, the prvege sha
be dened.
(EC. .B. Appeal. - Any party may appea
from the fna |udgment or order to the
Supreme Court under Rue 45. The appea
may rase questons of fact or aw or both.
The perod of appea sha be fve (5)
workng days from the date of notce of
the adverse |udgment. The appea sha be
gven the same prorty as n habeas
corpus cases.
(EC. 7;. Archi$in( and Re$i$al of 3ases. -
The court sha not dsmss the petton,
77
but sha archve t, f upon ts
determnaton t cannot proceed for a vad
cause such as the faure of pettoner or
wtnesses to appear due to threats on
ther ves.
A perodc revew of the archved cases
sha be made by the amparo court that
sha, motu propro or upon moton by any
party, order ther revva when ready for
further proceedngs. The petton sha be
dsmssed wth pre|udce upon faure to
prosecute the case after the apse of two
(2) years from notce to the pettoner of
the order archvng the case.
The cerks of court sha submt to the
Offce of the Court Admnstrator a
consodated st of archved cases under
ths Rue not ater than the frst week of
|anuary of every year.
(EC. 7.. Institution of Separate Actions.
- Ths Rue sha not precude the fng of
separate crmna, cv or admnstratve
actons.
(EC. 77. %ffect of 7ilin( of a 3riminal
Action. - When a crmna acton has been
commenced, no separate petton for the
wrt sha be fed. The reefs under the
wrt sha be avaabe by moton n the
crmna case.
The procedure under ths Rue sha
govern the dsposton of the reefs
avaabe under the wrt of amparo.
(EC. 70. 3onsolidation. - When a crmna
acton s fed subsequent to the fng of a
petton for the wrt, the atter sha be
consodated wth the crmna acton.
When a crmna acton and a separate
cv acton are fed subsequent to a
petton for a wrt of amparo, the atter
sha be consodated wth the crmna
acton. After consodaton, the procedure
under ths Rue sha contnue to appy to
the dsposton of the reefs n the
petton.
(EC. 75. Substanti$e Ri(hts. - Ths Rue
sha not dmnsh, ncrease or modfy
substantve rghts recognzed and
protected by the Consttuton.
(EC. 7?. Suppletory Application of the
Rules of 3ourt. - The Rues of Court sha
appy suppetory nsofar as t s not
nconsstent wth ths Rue.
(EC. 7/. Applicability to 'endin( 3ases. -
Ths Rue sha govern cases nvovng
extraega kngs and enforced
dsappearances or threats thereof pendng
n the tra and appeate courts.
(EC. 76. %ffecti$ity. - Ths Rue sha take
effect on October 24, 2007, foowng ts
pubcaton n three (3) newspapers of
genera crcuaton.
A.'. *o. ;6-6-.7-(C
A'E*D'E*T( TO RULE( 5.D 5?D ?<
A*D /?
O= T-E RULE( O= COURT
RE(OLUTIO*
Effect on December 27. 2007
A'E*D'E*T( TO RULE( 5.D 5?D ?<
A*D /? O= T-E RULE( O= COURT
RULE 5.
SECTION 1. Sub2ect of appeal. - An appea
may be taken from a |udgment or fna
order that competey dsposes of the
case, or of a partcuar matter theren
when decared by these Rues to be
appeaabe.
No appea may be taken from:
(a) An order denyng a petton for reef or
any smar moton seekng reef from
|udgment;
(b) An nterocutory order;
(c) An order dsaowng or dsmssng an
appea;
(d) An order denyng a moton to set asde
a |udgment by consent, confesson or
compromse on the ground of fraud,
mstake or duress, or any other ground
vtatng consent;
(e) An order of executon;
(f) A |udgment or fna order for or aganst
one or more of severa partes or n
separate cams, countercams, cross-
cams and thrd-party compants, whe
the man case s pendng, uness the court
aows an appea therefrom; and
(g) An order dsmssng an acton wthout
pre|udce.
In any of the foregong crcumstances, the
aggreved party may fe an approprate
speca cv acton as provded n Rue 65.
RULE 5?
SECTION 1. 7ilin( of petition !ith Supreme
3ourt. - A party desrng to appea by
certorar from a |udgment, fna order or
resouton of the Court of Appeas, the
Sandganbayan, the Court of Tax Appeas,
the Regona Tra Court or other courts,
whenever authorzed by aw, may fe wth
the Supreme Court a verfed petton for
78
revew on certorar. The petton may
ncude an appcaton for a wrt of
premnary n|uncton or other provsona
remedes and sha rase ony questons of
aw, whch must be dstncty set forth. The
pettoner may seek the same provsona
remedes by verfed moton fed n the
same acton or proceedng at any tme
durng ts pendency.
RULE ?<
SEC. 5. 'reliminary in2unction not (ranted
!ithout notice< e4ception. - No premnary
n|uncton sha be granted wthout hearng
and pror notce to the party or persons
sought to be en|oned. If t sha appear
from facts shown by affdavts or by the
verfed appcaton that great or
rreparabe n|ury woud resut to the
appcant before the matter can be heard
on notce, the court to whch the
appcaton for premnary n|uncton was
made, may ssue ex parte a temporary
restranng order to be effectve ony for a
perod of twenty (20) days from servce on
the party or person sought to be en|oned,
except as heren provded. Wthn the
twenty-day perod, the court must order
sad party or person to show cause at a
specfed tme and pace, why the
n|uncton shoud not be granted. The
court sha aso determne, wthn the
same perod, whether or not the
premnary n|uncton sha be granted,
and accordngy ssue the correspondng
order.
However, sub|ect to the provsons of the
precedng sectons, f the matter s of
extreme urgency and the appcant w
suffer grave n|ustce and rreparabe
n|ury, the executve |udge of a mutpe-
saa court or the presdng |udge of a
snge-saa court may ssue ex parte a
temporary restranng order effectve for
ony seventy-two (72) hours from
ssuance, but sha mmedatey compy
wth the provsons of the next precedng
secton as to servce of summons and the
documents to be served therewth.
Thereafter, wthn the aforesad seventy-
two (72) hours, the |udge before whom the
case s pendng sha conduct a summary
hearng to determne whether the
temporary restranng order sha be
extended unt the appcaton for
premnary n|uncton can be heard. In no
case sha the tota perod of effectvty of
the temporary restranng order exceed
twenty (20) days, ncudng the orgna
seventy-two hours provded heren.
In the event that the appcaton for
premnary n|uncton s dened or not
resoved wthn the sad perod, the
temporary restranng order s deemed
automatcay vacated. The effectvty of a
temporary restranng order s not
extendbe wthout need of any |udca
decaraton to that effect, and no court
sha have authorty to extend or renew
the same on the same ground for whch t
was ssued.
However, f ssued by the Court of Appeas
or a member thereof, the temporary
restranng order sha be effectve for
sxty (60) days from servce on the party
or person sought to be en|oned. A
restranng order ssued by the Supreme
Court or a member thereof sha be
effectve unt further orders.
The tra court, the Court of Appeas, the
Sandganbyan or the Court of Tax Appeas
that ssued a wrt of premnary n|uncton
aganst a ower court, board, offcer, or
quas-|udca agency sha decde the man
case or petton wthn sx (6) months from
the ssuance of the wrt.
RULE /?
Sec. 4. 6hen and !here to file the
petition. - The petton sha be fed not
ater than sxty (60) days from notce of
the |udgment, order or resouton. In case
a moton for reconsderaton or new tra s
tmey fed, whether such moton s
requred or not, the petton sha be fed
not ater than sxty (60) days counted
from the notce of the dena of the
moton.
If the petton reates to an act or an
omsson of a muncpa tra court or of a
corporaton, a board, an offcer or a
person, t sha be fed wth the Regona
Tra Court exercsng |ursdcton over the
terrtora area as defned by the Supreme
Court. It may aso be fed wth the Court
of Appeas or wth the Sandganbayan,
whether or not the same s n ad of the
courts appeate |ursdcton. If the
petton nvoves an act or an omsson of a
quas-|udca agency, uness otherwse
provded by aw or these rues, the
79
petton sha be fed wth and be
cognzabe ony by the Court of Appeas.
In eecton cases nvovng an act or an
omsson of a muncpa or a regona tra
court, the petton sha be fed excusvey
wth the Commsson on Eectons, n ad of
ts appeate |ursdcton.
Sec. 7. %4peditin( proceedin(s< in2uncti$e
relief. - The court n whch the petton s
fed may ssue orders expedtng the
proceedngs, and t may aso grant a
temporary restranng order or a wrt of
premnary n|uncton for the preservaton
of the rghts of the partes pendng such
proceedngs. The petton sha not
nterrupt the course of the prncpa case,
uness a temporary restranng order or a
wrt of premnary n|uncton has been
ssued, en|onng the pubc respondent
from further proceedng wth the case.
The pubc respondent sha proceed wth
the prncpa case wthn ten (10) days
from the fng of a petton for certorar
wth a hgher court or trbuna, absent a
temporary restranng order or a
premnary n|uncton, or upon ts
expraton. Faure of the pubc
respondent to proceed wth the prncpa
case may be a ground for an
admnstratve charge.
Sec. 8. 'roceedin(s after comment is filed.
- After the comment or other peadngs
requred by the court are fed, or the tme
for the fng thereof has expred, the court
may hear the case or requre the partes
to submt memoranda. If, after such
hearng or fng of memoranda or upon
the expraton of the perod for fng, the
court fnds that the aegatons of the
petton are true, t sha render |udgment
for such reef to whch the pettoner s
entted.
However, the court may dsmss the
petton f t fnds the same patenty
wthout mert or prosecuted manfesty for
deay, or f the questons rased theren
are too unsubstanta to requre
consderaton. In such event, the court
may award n favor of the respondent
trebe costs sodary aganst the
pettoner and counse, n addton to
sub|ectng counse to admnstratve
sanctons under Rues 139 and 139-B of
the Rues of Court.
The Court may mpose motu propro,
based on res psa oqutur, other
dscpnary sanctons or measures on
errng awyers for patenty datory and
unmertorous pettons for certorar.
(alient Points of t#e Amendments to
R&les 5.D 5?D ?< and /? of t#e
R&les of Co&rt
R&le 5. 1A33eal from t#e Re"ional
Trial Co&rts2
* Under the former provson, no appea
may be taken from "|a|n order denyng a
moton for new tra or reconsderaton."
Ths was aready removed n the
amendment. In *eypes $s. 3ourt of
Appeals (G.R. No. 141524, 14 September
2005) the SC noted that to "standardze
the appea perods provded n the Rues
and to afford tgants far opportunty to
appea ther cases, the Court deems t
practca to aow a fresh perod of 15 days
wthn whch to fe the notce of appea n
the Regona Tra Court, counted from
recept of the order dsmssng a moton
for a new tra or moton for
reconsderaton." The SC aso stated that
"|h|enceforth, ths fresh perod rue sha
aso appy to Rue 40 governng appeas
from the Muncpa Tra Courts to the
Regona Tra Courts; Rue 42 on pettons
for revew from the Regona Tra Courts
to the Court of Appeas; Rue 43 on
appeas from quas-|udca agences to the
Court of Appeas and Rue 45 governng
appeas by certorar to the Supreme
Court. The new rue ams to regment or
make the appea perod unform, to be
counted from recept of the order denyng
the moton for new tra, moton for
reconsderaton (whether fu or parta) or
any fna order or resouton."
R&le 5? 1A33eal y Certiorari to t#e
(&3reme Co&rt2
* Secton 1 of Rue 45 was amended to
ncude the Court of Tax Appeas (CTA) n
the st of courts from whch an appea
may be taken drecty to the SC. The
prevous mode of appea from a CTA
decson s to the Court of Appeas (CA),
through Rue 43. Ths s no onger the case
snce the CTA s of the same rank as the
CA. Repubc Act No. 9282 (2004) provdes
80
that the CTA "sha be of the same eve as
the Court of Appeas."
* Secton 1 now provdes that the "petton
may ncude an appcaton for a wrt of
premnary n|uncton or other provsona
remedes" and that "|t|he pettoner may
seek the same provsona remedes by
verfed moton fed n the same acton or
proceedng at any tme durng ts
pendency."
R&le ?< 1Preliminary In$&n!tion2
* The foowng provson had been added
to Secton 5 of Rue 58: "The tra court,
the Court of Appeas, the Sandganbyan or
the Court of Tax Appeas that ssued a wrt
of premnary n|uncton aganst a ower
court, board, offcer, or quas-|udca
agency sha decde the man case or
petton wthn sx (6) months from the
ssuance of the wrt."
* Before the amendment, the anguage
used wth respect to the effectvty for a
Temporary Restranng Order (TRO) ssued
by ower courts s 20 days (or 60 days
when ssued by the CA) "from noti!e to
the party or person sought to be
en|oned." The amendment uses "servce,"
nstead of "notce."
R&le /? 1CertiorariD Pro#iition and
'andam&s2
* The Rules of 3ourt provdes that a
petton for certorar "sha be fed n the
Supreme Court or xxx." The amendment
removed the SC form the enumeraton of
courts where the petton may be fed
(Secton 4). Ths amendment, however,
does not mean that no petton for
certorar may be fed wth the SC, as the
Consttuton (Sec. 5, Artce VIII) expcty
provdes that the SC has orgna
|ursdcton over "pettons for certorar,
prohbton, mandamus, quo warranto, and
habeas corpus."
* The amendment aso removed the
provson on extenson of tme to fe the
petton. Ths provson s no onger
exstent: "No extenson of tme to fe the
petton sha be granted except for
compeng reasons and n no case
exceedng ffteen (15) days."
* The amendment added ths provson n
Sec. 4: "In eecton cases nvovng an act
or an omsson of a muncpa or a regona
tra court, the petton sha be fed
excusvey wth the Commsson on
Eectons, n ad of ts appeate
|ursdcton."
* The amendment aso added ths
provson n Sec. 7 ("Expedtng
proceedngs; n|unctve reef"): "The
pubc respondent sha proceed wth the
prncpa case wthn ten (10) days from
the fng of a petton for certorar wth a
hgher court or trbuna, absent a
temporary restranng order or a
premnary n|uncton, or upon ts
expraton. Faure of the pubc
respondent to proceed wth the prncpa
case may be a ground for an
admnstratve charge."
* The od provson n Sec. 8 ("Proceedngs
after comment s fed") provdes that "the
court may dsmss the petton f t fnds
the same patenty wthout mert or
prosecuted manfesty for deay, or f the
questons rased theren are too
unsubstanta to requre consderaton."
The amendment provdes for addtona
sanctons n case of abuse of the process,
thus: "In such event, the court may award
n favor of the respondent trebe costs
sodary aganst the pettoner and
counse, n addton to sub|ectng counse
to admnstratve sanctons under Rues
139 and 139-B of the Rues of Court." Ths
s a cear warnng on partes and ther
counses.
* Such warnng s made even cearer wth
the addton of ths provson, aso n Sec.
8: "The Court may mpose motu proprio,
based on res ipsa lo"uitur, other
dscpnary sanctons or measures on
errng awyers for patenty datory and
unmertorous pettons for certorar."
T-E RULE O* T-E >RIT O= -A:EA(
DATA
,#%-% )o% .5/1/16/SC ta7e effect on
February 2 2..58
SECTION 1. Habeas Data.-The wrt of
habeas data s a remedy avaabe to any
person whose rght to prvacy n fe,
berty or securty s voated or threatened
by an unawfu act or omsson of a pubc
offca or empoyee, or of a prvate
ndvdua or entty engaged n the
gatherng, coectng or storng of data or
81
nformaton regardng the person, famy,
home and correspondence of the
aggreved party.
SEC. 2. Who May Fe.-Any aggreved
party may fe a petton for the wrt of
habeas data. However, n cases of
dsappearances, the petton may be fed
by:
(a) Any member of the mmedate famy
of the aggreved party, namey: the
spouse, chdren and parents; or
coatera reatve of the aggreved party
wthn the fourth cv degree of
paragraph.
SEC. 3. Where to Fe.-The petton may
be fed wth the Regona Tra Court
where the pettoner or respondent
resdes, or that whch has |ursdcton over
the pace where the data or nformaton s
gathered, coected or stored, at the
opton of the pettoner.
The petton may aso be fed wth the
Supreme Court or the Court of Appeas or
the Sandganbayan when the acton
concerns pubc data fes of government
offces.
SEC. 4. Where Returnabe; Enforceabe.-
When the wrt s ssued by a Regona Tra
Court or any |udge thereof, t sha be
returnabe before such court or |udge.
When ssued by the Court of Appeas or
the Sandganbayan or any of ts |ustces, t
may be returnabe before such court or
any |ustce thereof, or to any Regona
Tra Court of the pace where the
pettoner or respondent resdes, or that
whch has |ursdcton over the pace
where the data or nformaton s gathered,
coected or stored.
When ssued by the Supreme Court or any
of ts |ustces, t may be returnabe before
such Court or any |ustce thereof, or
before the Court of Appeas or the
Sandganbayan or any of ts |ustces, or to
any Regona Tra Court of the pace
where the pettoner or respondent
resdes, or that whch has |ursdcton over
the pace where the data or nformaton s
gathered, coected or stored.
The wrt of habeas data sha be
enforceabe anywhere n the Phppnes.
SEC. 5. Docket Fees.-No docket and other
awfu fees sha be requred from an
ndgent pettoner. The petton of the
ndgent sha be docketed and acted upon
mmedatey, wthout pre|udce to
subsequent submsson of proof of
ndgency not ater than ffteen (15) days
from the fng of the petton.
SEC. 6. Petton.-A verfed wrtten
petton for a wrt of habeas data shoud
contan:
pettoner and the respondent;
(b) The manner the rght to prvacy s
voated or threatened and how t affects
the rght to fe, berty or securty of the
aggreved party;
(c) The actons and recourses taken by the
pettoner to secure the data or
nformaton;
(d) The ocaton of the fes, regsters or
databases, the government offce, and the
person n charge, n possesson or n
contro of the data or nformaton, f
known;
(e) The reefs prayed for, whch may
ncude the updatng, rectfcaton,
suppresson or destructon of the database
or nformaton or fes kept by the
respondent.
In case of threats, the reef may ncude a
prayer for an order en|onng the act
companed of; and
(f) Such other reevant reefs as are |ust
and equtabe.
SEC. 7. Issuance of the Wrt.-Upon the
fng of the petton, the court, |ustce or
|udge sha mmedatey order the
ssuance of the wrt f on ts face t ought
to ssue. The cerk of court sha ssue the
wrt under the sea of the court and cause
t to be served wthn three (3) days from
ts ssuance; or, n case of urgent
necessty, the |ustce or |udge may ssue
the wrt under hs or her own hand, and
may deputze any offcer or person to
serve t.
The wrt sha aso set the date and tme
for summary hearng of the petton whch
sha not be ater than ten (10) work days
from the date of ts ssuance.
SEC. 8. Penaty for Refusng to Issue or
Serve the Wrt.-A cerk of court who
refuses to ssue the wrt after ts
aowance, or a deputzed person who
82
refuses to serve the same, sha be
punshed by the court, |ustce or |udge for
contempt wthout pre|udce to other
dscpnary actons.
SEC. 9. How the Wrt Is Served.-The wrt
sha be served upon the respondent by
the offcer or person deputzed by the
court, |ustce or |udge who sha retan a
copy on whch to make a return of servce.
In case the wrt cannot be served
personay on the respondent, the rues on
SEC. 10. Return; Contents.-The
respondent sha fe a verfed wrtten
return together wth supportng affdavts
wthn fve (5) work days from servce of
the wrt, whch perod may be reasonaby
extended by the Court for |ustfabe
reasons. The return sha, among other
thngs, contan the foowng:
(a) The awfu defenses such as natona
securty, state secrets, prveged
communcaton, confdentaty of the
source of nformaton of meda and others;
(b) In case of respondent n charge, n
possesson or n contro of the data or
nformaton sub|ect of the petton:
() a dscosure of the data or nformaton
about the pettoner, the nature of such
data or nformaton, and the purpose for
ts coecton;
() the steps or actons taken by the
respondent to ensure the securty and
confdentaty of the data or nformaton;
and
() the currency and accuracy of the data
or nformaton hed; and
(c) Other aegatons reevant to the
resouton of the proceedng.
A genera dena of the aegatons n the
petton sha not be aowed.
SEC. 11. Contempt.-The court, |ustce or
|udge may punsh wth mprsonment or
fne a respondent who commts contempt
by makng a fase return, or refusng to
make a return; or any person who
otherwse dsobeys or ressts a awfu
process or order of the court.
SEC. 12. When Defenses May Be Heard n
Chambers.-A hearng n chambers may
be conducted where the respondent
nvokes the defense that the reease of
the data or nformaton n queston sha
compromse natona securty or state
secrets, or when the data or nformaton
cannot be dvuged to the pubc due to ts
nature or prveged character.
SEC. 13. Prohbted Peadngs and Motons.
-The foowng peadngs and motons are
prohbted:
(a) Moton to dsmss;
(b) Moton for extenson of tme to fe
opposton, affdavt, poston paper and
other peadngs;
(c) Datory moton for postponement;
(d) Moton for a b of partcuars;
(e) Countercam or cross-cam;
(f) Thrd-party compant;
(g) Repy;
(h) Moton to decare respondent n
defaut;
() Interventon;
(|) Memorandum;
(k) Moton for reconsderaton of
nterocutory orders or nterm reef
orders; and
() Petton for certorar, mandamus or
prohbton aganst any nterocutory
order.
SEC. 14. Return; Fng.-In case the
respondent fas to fe a return, the court,
|ustce or |udge sha proceed to hear the
petton ex parte, grantng the pettoner
such reef as the petton may warrant
uness the court n ts dscreton requres
the pettoner to submt evdence.
SEC. 15. Summary Hearng.-The hearng
on the petton sha be summary.
However, the court, |ustce or |udge may
ca for a premnary conference to
smpfy the ssues and determne the
possbty of obtanng stpuatons and
admssons from the partes.
SEC. 16. |udgment.-The court sha
render |udgment wthn ten (10) days from
the tme the petton s submtted for
decson. If the aegatons n the petton
are proven by substanta evdence, the
court sha en|on the act companed of, or
order the deeton, destructon, or
rectfcaton of the erroneous data or
nformaton and grant other reevant
reefs as may be |ust and equtabe;
otherwse, the prvege of the wrt sha be
dened.
Upon ts fnaty, the |udgment sha be
enforced by the sherff or any awfu
offcer as may be desgnated by the court,
|ustce or |udge wthn fve (5) work days.
83
SEC. 17. Return of Servce.-The offcer
who executed the fna |udgment sha,
wthn three (3) days from ts
enforcement, make a verfed return to the
court. The return sha contan a fu
statement of the proceedngs under the
wrt and a compete nventory of the
database or nformaton, or documents
and artces nspected, updated, rectfed,
or deeted, wth copes served on the
pettoner and the respondent.
The offcer sha state n the return how
the |udgment was enforced and comped
wth by the respondent, as we as a
ob|ectons of the partes regardng the
manner and reguarty of the servce of
the wrt.
SEC. 18. Hearng on Offcers Return.-The
court sha set the return for hearng wth
due notce to the partes and act
accordngy.
SEC. 19. Appea.-Any party may appea
from the |udgment or fna order to the
Supreme Court under Rue 45. The appea
may rase questons of fact or aw or both.
The perod of appea sha be fve (5) work
days from the date of notce of the
|udgment or fna order.
The appea sha be gven the same
prorty as habeas corpus and amparo
cases.
SEC. 20. Insttuton of Separate Actons.-
The fng of a petton for the wrt of
habeas data sha not precude the fng of
separate crmna, cv or admnstratve
actons.
SEC. 21. Consodaton.-When a crmna
acton s fed subsequent to the fng of a
petton for the wrt, the atter sha be
consodated wth the crmna acton.
petton for a wrt of habeas data, the
petton sha be consodated wth the
crmna acton.
After consodaton, the procedure under
ths Rue sha contnue to govern the
dsposton of the reefs n the petton.
SEC. 22. Effect of Fng of a Crmna
Acton.-When a crmna acton has been
commenced, no separate petton for the
wrt sha be fed. The reefs under the
wrt sha be avaabe to an aggreved
party by moton n the crmna case.
The procedure under ths Rue sha
govern the dsposton of the reefs
avaabe under the wrt of habeas data.
SEC. 23. Substantve Rghts.-Ths Rue
sha not dmnsh, ncrease or modfy
substantve rghts.
SEC. 24. Suppetory Appcaton of the
Rues of Court.-The Rues of Court sha
appy suppetory nsofar as t s not
nconsstent wth ths Rue.
SEC. 25. Effectvty.-Ths Rue sha take
effect on February 2, 2008 foowng ts
pubcaton n three (3) newspapers of
genera crcuaton.
>#at is t#e writ of #aeas dataM
It s a remedy avaabe to any person
whose rght to prvacy n fe, berty or
securty s voated or threatened by
an unawfu act or omsson of a pubc
offca or empoyee, or of a prvate
ndvdua or entty engaged n the
gatherng, coectng or storng of data
or nformaton regardng the person,
famy, home and correspondence of
the aggreved party.
>#at r&le "overns 3etitions for
and t#e iss&an!e of a writ of
#aeas dataM
It s governed by The Rue on the Wrt
of Habeas Data (A.M. No. 08-1-16-SC -
fu text), whch was approved by the
Supreme Court on 22 |anuary 2008.
That Rue sha not dmnsh, ncrease
or modfy substantve rghts.
>#at is t#e (&3reme Co&rtFs asis
in iss&in" t#e R&leM
The Rue was drafted pursuant to the
Supreme Courts consttutona power
to promugate rues for the protecton
and enforcement of consttutona
rghts (Consttuton, Art. VIII, Sec.
5|5|).
>#en does t#e R&le ta%e effe!tM
The Rue takes effect on 2 February
2008, foowng ts pubcaton n three
(3) newspapers of genera crcuaton.
84
>#o may file a 3etition for t#e
iss&an!e of a writ of #aeas dataM
The petton may be fed by the
aggreved party. However, n cases of
dsappearances, the petton may be
fed by:
(a) Any member of the mmedate
famy of the aggreved party, namey:
the spouse, chdren and parents; or
coatera reatve of the aggreved
party wthn the fourth cv degree of
paragraph.
>#ere !an t#e 3etition e filedM
a. Regona Tra Court where the
pettoner or respondent resdes, or
that whch has |ursdcton over the
pace where the data or nformaton s
gathered, coected or stored, at the
opton of the pettoner.
b. Supreme Court;
c. Court of Appeas; or
d. Sandganbayan, when the acton
concerns pubc data fes of
government offces.
-ow m&!# is t#e do!%et or filin"
fees for t#e 3etitionM
No docket and other awfu fees sha
be requred from an ndgent
pettoner. The petton of the ndgent
sha be docketed and acted upon
mmedatey, wthout pre|udce to
subsequent submsson of proof of
ndgency not ater than 15 days from
the fng of the petton.
>#at are t#e re8&ired !ontents of
t#e 3etitionM
The verfed wrtten petton sha
aege the foowng:
pettoner and the respondent;
(b) The manner the rght to prvacy s
voated or threatened and how t
affects the rght to fe, berty or
securty of the aggreved party;
(c) The actons and recourses taken by
the pettoner to secure the data or
nformaton;
(d) The ocaton of the fes, regsters
or databases, the government offce,
and the person n charge, n
nformaton, f known;
(e) The reefs prayed for, whch may
ncude the updatng, rectfcaton,
suppresson or destructon of the
database or nformaton or fes kept
by the respondent. In case of threats,
the reef may ncude a prayer for an
order en|onng the act companed of;
and
(f) Such other reevant reefs as are
|ust and equtabe.
>#en is t#e writ of #aeas data
iss&edM
Upon the fng of the petton, the
court, |ustce or |udge sha
mmedatey order the ssuance of the
wrt f on ts face t ought to ssue. The
cerk of court sha ssue the wrt under
the sea of the court and cause t to be
served wthn three (3) days from ts
ssuance; or, n case of urgent
necessty, the |ustce or |udge may
ssue the wrt under hs or her own
hand, and may deputze any offcer or
person to serve t. The wrt sha aso
set the date and tme for summary
hearng of the petton whch sha not
be ater than ten (10) work days from
the date of ts ssuance.
Is t#ere any 3enalty in !ase of
ref&sal to iss&e or serve t#e writM
Yes. A cerk of court who refuses to
ssue the wrt after ts aowance, or a
deputzed person who refuses to serve
the same, sha be punshed by the
court, |ustce or |udge for contempt
wthout pre|udce to other dscpnary
actons.
85
-ow is t#e writ of #aeas data
servedM
The wrt sha be served upon the
respondent by the offcer or person
deputzed by the court, |ustce or
|udge who sha retan a copy on whch
to make a return of servce. In case
the wrt cannot be served personay
on the respondent, the rues on
After t#e writ is servedD w#at
s#o&ld t#e res3ondent doM
The respondent sha fe a verfed
wrtten return together wth
supportng affdavts wthn fve (5)
work days from servce of the wrt,
whch perod may be reasonaby
extended by the Court for |ustfabe
reasons.
>#at are t#e !ontents of t#e
written ret&rnM
The return sha, among other thngs,
contan the foowng:
(a) The awfu defenses such as
natona securty, state secrets,
prveged communcaton,
confdentaty of the source of
nformaton of meda and others;
(b) In case of respondent n charge, n
nformaton sub|ect of the petton:
() a dscosure of the data or
nformaton about the pettoner, the
nature of such data or nformaton,
and the purpose for ts coecton;
() the steps or actons taken by the
respondent to ensure the securty and
confdentaty of the data or
nformaton; and
() the currency and accuracy of the
data or nformaton hed; and
(c) Other aegatons reevant to the
resouton of the proceedng.
A genera dena of the aegatons n
the petton sha not be aowed.
>#at #a33ens if t#e res3ondent
ma%es a false ret&rn or ref&ses to
ma%e a ret&rn4 or if any 3erson
w#o disoeys or resists a lawf&l
3ro!ess or order of t#e !o&rtM
That person may be punshed wth
mprsonment or fne.
Aso, when the respondent fas to fe
a return, the court, |ustce or |udge
sha proceed to hear the petton ex
parte, grantng the pettoner such
reef as the petton may warrant
uness the court n ts dscreton
requres the pettoner to submt
evdence.
Instead of #avin" t#e #earin" in
o3en !o&rtD !an it e done in
!#amersM
Yes. It can be done when the
respondent nvokes the defense that
the reease of the data or nformaton
n queston sha compromse natona
securty or state secrets, or when the
data or nformaton cannot be
dvuged to the pubc due to ts nature
or prveged character.
>#at is t#e nat&re of t#e #earin"
on t#e 3etitionM
The hearng on the petton sha be
summary. However, the court, |ustce
or |udge may ca for a premnary
conference to smpfy the ssues and
determne the possbty of obtanng
stpuatons and admssons from the
partes.
-ow lon" does t#e !o&rt #ave in
de!idin" t#e 3etitionM
The court sha render |udgment wthn
ten (10) days from the tme the
petton s submtted for decson. If
the aegatons n the petton are
proven by substanta evdence, the
court sha en|on the act companed
of, or order the deeton, destructon,
or rectfcaton of the erroneous data
or nformaton and grant other
reevant reefs as may be |ust and
equtabe; otherwse, the prvege of
the wrt sha be dened.
86
>#at #a33ens after t#e finality of
t#e $&d"mentM
Upon ts fnaty, the |udgment sha be
enforced by the sherff or any awfu
offcer as may be desgnated by the
court, |ustce or |udge wthn fve (5)
work days.
The offcer who executed the fna
|udgment sha, wthn three (3) days
from ts enforcement, make a verfed
return to the court. The return sha
contan a fu statement of the
proceedngs under the wrt and a
compete nventory of the database or
nformaton, or documents and artces
nspected, updated, rectfed, or
deeted, wth copes served on the
pettoner and the respondent.
The offcer sha state n the return
how the |udgment was enforced and
comped wth by the respondent, as
we as a ob|ectons of the partes
regardng the manner and reguarty
of the servce of the wrt.
The court sha set the return for
hearng wth due notce to the partes
and act accordngy.
Does t#e filin" of t#e 3etition
3re!l&de t#e filin" of se3arate
!riminalD !ivil or administrative
a!tionsM
No. However, when a crmna acton
has been commenced, no separate
petton for the wrt sha be fed, but
the reefs under the wrt sha be
avaabe by moton n the crmna
case, and the procedure under ths
Rue sha govern the dsposton of the
reefs avaabe under the wrt of
habeas data.
petton for a wrt of habeas data, the
petton sha be consodated wth the
crmna acton. After consodaton,
the procedure under ths Rue sha
contnue to govern the dsposton of
the reefs n the petton.
87

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