THAT IN ALL THINGS, GOD MAY BE GLORIFIED

BASED ON JUDGE ALBANOS NOTES:

CIVIL PROCEDURE:
Distinctions between jurisdiction and venue.
JU!SD!"T!ON #ENUE
the authority to hear and determine a case the place or geographic location where the
case is to be heard or tried / deals with locality
matter of substantive
law
matter of procedural law
fixed by law and
cannot be conferred by the parties
may be conferred or agreed upon by the
parties
cannot be waived except jurisdiction over the
person
waivable
establishes a relation between the court and
the subject matter
establishes a relation between the plaintiff and
the defendant
limitation on the plaintiff limitation on the court
deals w/ substance deals w/ convenience
E$a%&'es o( action w)ic) are ca&ab'e o( &ecuniar* esti%ation.
1. Action for specific performance to execute a deed of assignment of shares of stocks (N!
vs. !A" #$#$%%&
#. Action to annul sale of corporate stock (!olarina vs. !A" #$#'$%%&
(. Action for declaration of nullity of partition ()ussel vs. *estil" ($1+$%%&
A was i%&'eaded as de(endant in a co''ection suit. +e was not served wit) su%%ons.
Law*er B a&&eared (or A on t)e tria' o( t)e case wit)out an* aut)orit* (ro% A. Did t)e
court ac,uire jurisdiction over t)e &erson o( A-
No. As regards the alleged appearance of a lawyer in behalf of the petitioner during the
proceedings in the trial court" the same cannot be considered as the voluntary appearance
contemplated by the rules. ,here is no document vesting authority in the lawyer who purportedly
represented A appears on record. At the pre$trial" for instance" the rules re-uire that the party$
litigant himself must appear for pre$trial but if he chooses to be represented thereat" he should
grant a special power of attorney to his counsel or representative. (Ang .ing vs. !A" /uly 1'"
1%%%&
.)at is t)e test to deter%ine i( an action is ca&ab'e o( &ecuniar* esti%ation-
0n determining whether an action is one the subject matter of which is not capable of
pecuniary estimation this !ourt has adopted the criterion of first ascertaining the nature of the
principal action or remedy sought. 0f it is primarily for the recovery of a sum of money" the claim
is considered capable of pecuniary estimation" and whether jurisdiction is in the 1,!s or in the
),!s would depend on the amount of the claim. 2owever" where the basic issue is something
other than the right to recover a sum of money" or where the money claim is purely incidental to"
or a conse-uence of" the principal relief sought" this !ourt has considered such actions as
cases where the subject of the litigation may not be estimated in terms of money" and are
cogni3able exclusively by regional trial courts. ()aymundo vs. !A" #1( !)A 4'+&
.)at is t)e di((erence between &etition (or issuance o( writ &re'i%inar* injunction and a
&etition (or injunction-

.etition for issuance of writ of preliminary injunction is only a provisional remedy. 0t
cannot stand on its own without a main action" therefore" the court does not ac-uire jurisdiction
over the action.
.etition for injunction is a main action which can stand on its own. !ourt ac-uires
jurisdiction.
REMEDIAL LAW /a0e 1 o( 12
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
.)at is t)e reason w)* t)e court retains jurisdiction even a(ter t)e order o( &artition is
issued-
,he order is not yet final because it leaves something to be done like5
a. appointment of commissioner
b. determination of compensation by commissioner
c. submission of report
d. hearing on approval of report
.)at court )as jurisdiction in )abeas cor&us &roceedin0 invo'vin0 custod* o( c)i'dren-
,he 6amily !ourts under )A 7(8% which impliedly repealed 9. 1#% and )A +%:#. )A
7(8% provides for exclusive jurisdiction of 6amily !ourts.
/edro is a 'essee o( Juan. Due to (ai'ure o( /edro to &a* t)e renta's3 Juan (i'ed a
co%&'aint wit) t)e Lu&on w)ic) issued a certi(ication to (i'e action. Juan (i'ed an
Un'aw(u' Detainer case wit) t)e 4T". T)e 4T" dis%issed t)e case. !s t)e dis%issa'
&ro&er-
;es. ,he one year period within which to file the unlawful detainer case is determined
from the time of the demand to vacate and pay or comply with the conditions of the lease. ,he
certification to file action by the <upon does not constitute notice to vacate= but a mere
clearance to file action in court.
.)at is t)e 0round (or dis%issa' o( action i( a &art* (ai'ed to co%&'* wit) t)e re,uire%ent
o( Baran0a* "onci'iation-
6ailure to comply with a condition precedent.
!s an action to recover a &arce' o( 'and a rea' action or a &ersona' action- An action in
re% or in &ersona%-
An action to recover a parcel of land is a real action but it is an action in personam" for it
binds a particular individual only although it concerns the right to a tangible thing. ()epublic vs"
!A" ept. (:" 1%%%&
#ir0i'io is an owner o( a &arce' o( 'and. +e %ort0a0ed t)e 'and to ")ar'es 5%ort0a0ee6
w)ic) %ort0a0ed was du'* annotated on t)e T"T o( t)e 'and. Do%in0o (i'ed an action
a0ainst A to nu''i(* t)e T"T. T)e tria' court rendered a decision nu''i(*in0 t)e T"T and
cance'in0 t)e %ort0a0ed. ")ar'es now (i'es a &etition (or annu'%ent o( jud0%ent. !s t)e
&etition &ro&er-
;es. 0n a suit to nullify an existing ,orrens !ertificate of ,itle (,!,& in which a real estate
mortgage is annotated" the mortgagee is an indispensable party. 0n such suit" a decision
canceling the ,!, and the mortgage annotation is subject to a petition for annulment of
judgment" because the non$joinder of the mortgagee deprived the court of jurisdiction to pass
upon the controversy. (1etrobank vs. !A" ept. 1:" #::1&
!n actions invo'vin0 cor&orations3 w)at is t)e venue o( t)e action-
.lace where the corporation maintains its principal office. (>avao <ight ? .ower !orp.
vs. !A" Aug. #:" #::1&
.)at are t)e actions in w)ic) a notice o( 'is &endens is &ro&er-
a& An action to recover possession of real estate=
b& An action to -uiet title thereto=
c& An action to remove clouds thereon=
d& An action for partition= and
e& Any other proceedings of any kind in !ourt directly affecting title to the land or the
use or occupation thereof or the building thereon. (;ared vs. 0larde" Aug. 1" #:::&
REMEDIAL LAW /a0e 7 o( 12
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
.)at is t)e di((erence between substituted service o( &'eadin0s in u'e 18 (ro%
substituted service o( su%%ons in u'e 19-
@nder ec. 7" )ule 1(" substituted service is made by delivering the copy to the clerk of
court with proof of failure of both personal service and service by mail.
@nder ec. +" )ule 14" substituted service is made by leaving copies of the summons at
the defendantAs residence with some person of suitable age and discretion then residing therein
or by leaving the copies at defendantAs office or regular place of business with some competent
person in charge thereof. ,his service may be availed if personal service is not possible.
.)at is t)e o%nibus %otion ru'e-
,his means that a motion attacking a pleading" order" judgment" or proceeding shall
include all objections then available" and all objections not so included shall be deemed waived.
,his is without prejudice to the provisions of ec. 1" )ule % which provides for the non$waivable
defenses such as lack of jurisdiction over the subject matter" litis pendentia" res judicata" and
prescription.
.)en is a %otion to dis%iss (i'ed-
9efore filing of answer" not after. Bxceptions5 lack of jurisdiction over subject matter"
prescription" litis pendentia" res judicata" complaint does not state a cause of action" and ground
is discovered during trial. (Cuiaoit" vs. !onsolacion +( !)A #:7&
.)at is %eant b* t)e :two;dis%issa' ru'e<-
@nless otherwise stated in the notice (notice of dismissal by plaintiff&" the dismissal is
without prejudice" except that a notice operates as an adjudication upon the merits when filed by
a plaintiff who has once dismissed in a competent court an action based on or including the
same claim. (ec. 1" )ule 1+&
.)at is t)e e((ect o( (ai'ure to a&&ear at &re;tria'-
0f plaintiff fails to appear" it shall be cause for dismissal of the action with prejudice
unless so ordered by the court. 0f defendant fails to appear" it shall be cause to allow the plaintiff
to present his evidence ex parte and the court to render judgment on the basis thereof. (ec. '"
)ule 17&
0f the plaintiff is present but his counsel is not" the case should not be dismissed. 0f
defendant is present but his counsel is absent" plaintiff cannot be allowed to present evidence
ex parte.
!s &re;tria' re,uired in s&ecia' &roceedin0s-
No. .re$trial is re-uired only in civil actions (ordinary or special civil actions& and criminal
actions. 2owever" by way of exception" pre$trial is necessary in adversarial special proceedings.
Bxample5 !ontested settlement of estate of deceased person= Bscheat= !ustody of
children.
4a* a &re;tria' and tria' be set on t)e sa%e date-
No. 0t is preferable to hold only the pre$trial first and to schedule the trial and hearing of
other incidents on later dates. 6or reasons obvious to all experienced practitioners" it is not
always feasible" much less easy" to prepare for all of them at the same time. .reparation for
trial" to be what it should be" is best done only after the pre$trial. 1oreover" ection ' of )ule #:
which provides that Dthe court shall cause to be prepared a pre$trial calendar of cases for
consideration as above provided"D more than suggests the preference of the rules that particular
dates be set only for pre$trials separately from the ones for the holding of trials proper. (2eirs of
6uentes vs. 1acandog.&
REMEDIAL LAW /a0e 8 o( 12
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
= )as an i''e0iti%ate c)i'd >. .)en = died3 > was not reco0ni?ed b* =. !n t)e sett'e%ent o(
t)e estate o( =3 > (i'ed a %otion (or intervention. S)ou'd t)e %otion be 0ranted-
No. ; has no material or direct interest in the estate of his putative father. 6or an
illegitimate child to be entitled to successional rights" he must show that he was recogni3ed.
.)ic) court issues t)e writ o( e$ecution-
,he court of origin.
.)at is t)e re%ed* i( t)e court o( ori0in re(uses to issue t)e writ o( e$ecution-
1andamus. 6ile manifestation with the appellate court and the latter would direct the
lower court to issue the writ (9ergonia vs. >ecano" (1+ !)A 88:&.
.)at is t)e &eriod (or revivin0 jud0%ent b* %otion and b* action-
A final and executory judgment or order may be executed on motion within five years
from the date of its entry. After the lapse of such time" and before it is barred by the statute of
limitations" a judgment may be enforced by action. ,he revived judgment may also be enforced
by motion within five years from the date of its entry and thereafter by action before it is barred
by the statute of limitations. (ec. 8" )ule (%&
9ut the revived judgment cannot modify the old judgment. >efenses can be raised if
there are supervening defenses but not those which are already ruled upon based on the
principle of res judicata.
!s t)ere an e$ecution &endin0 a&&ea' wit) res&ect to t)e %ora' and e$e%&'ar* da%a0es-
No because of the uncertainty of the award. (0nternational chool !ase&
.)at is t)e e((ect o( reversa' o( t)e a&&ea'ed jud0%ent-
)estitution of all that may be delivered by reason of execution pending appeal.
!( t)e jud0%ent is %odi(ied3 w)en s)ou'd t)e &eriod to a&&ea' be rec@oned-
,he period to appeal should be reckoned from the service of the amendatory order. ,he
date of the amended judgment is the date of the decision. 0t is as if the court had rendered an
entirely new decision. ()osales vs. !A" #$#7$:1&
Does t)e &rinci&'e o( )ierarc)* o( courts deter%ine jurisdiction-
No. 0t only dictates the venue of actions and appeals.
!s non;observance o( t)e &rinci&'e o( )ierarc)* o( courts a 0round (or dis%issa'-
No. ,he higher court should not dismiss the case. 0t has two options5 1.& take cogni3ance
or #.& remand to the lower court.
.)at is t)e doctrine o( residua' &owers-
>espite loss of jurisdiction because of perfection of appeal" prior to the transmittal of the
original record or the record on appeal" the court retains jurisdiction to issue orders5
a. for the protection and preservation of the rights of the parties which do not involve any
matter litigated by the appeal=
b. approve compromises=
c. permit appeal of indigent litigants=
d. grant execution pending appeal=
e. allow withdrawal of the appeal (sec. %" )ule 41&
REMEDIAL LAW /a0e 9 o( 12
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
4a* a cor&oration be a &art* in t)e conci'iation &roceedin0s be(ore t)e Lu&on n0
Ta0a&a%a*a&a-
No. Enly natural persons" not juridical persons. !orporations can only appear through
their representatives. @nder ec. 41' of the <F!" all parties are re-uired to appear in person
without the assistance of counsel or their representatives except minors and incompetents who
may be assisted by their next of kin who are not lawyers..
Are so'idar* co;debtors indis&ensab'e &arties-
No. olidarity does not make a solidary obligor an indispensable party in a suit filed by
the creditor. Article 1#18 of the !ivil !ode says that the creditor may proceed against anyone of
the solidary debtors or some or all of them simultaneouslyG.D (>e !astro vs. !a" /uly 17" #::#&
!s t)ere a need to (i'e a re&'* in actions covered b* t)e Su%%ar* /rocedure-
No. )eply is a prohibited pleading. Also" the only pleadings allowed in ummary
.roceedings are complaint" answer and counterclaim.
!s a certi(ication o( non;(oru% s)o&&in0 re,uired in &er%issive counterc'ai%-
;es. A permissive counterclaim is in the nature of an initiatory pleading. 2owever" in
compulsory counterclaim" such certification is not needed. (@, vs. urla&
.)at is t)e di((erence between :(i'in0 a (a'se certi(icate o( (oru% s)o&&in0< and :wi''(u'
and de'iberate (oru% s)o&&in0<-
,he submission of a false certificate of forum shopping shall constitute indirect contempt
of court" without prejudice to the corresponding administrative and criminal actions.
Hillful and deliberate forum shopping shall be a ground for summary dismissal with
prejudice and shall constitute direct contempt" as well as cause for administrative sanctions.
(ec. '" )ule +&
!s it a'wa*s necessar* t)at t)e certi(ication o( non;(oru% s)o&&in0 be (i'ed to0et)er wit)
t)e initiator* &'eadin0-
No. ,he certification is a mandatory re-uirement. 2owever" although the certification was
not filed simultaneously with the initiatory pleading" its filing within the reglementary period was
a substantial compliance with Administrative !ircular No. :4$%4. ,he fact that the !ircular
re-uires that it be strictly complied with merely underscores its mandatory nature in that it
cannot be dispensed with or its re-uirements altogether disregarded" but it does not thereby
interdict substantial compliance with its provisions under justifiable circumstances. (<oyola vs.
!A" #4' !)A 4++&
!s t)e certi(ication o( non;(oru% s)o&&in0 a&&'icab'e in e'ection cases notwit)standin0
t)e (act t)at Sec. 93 u'e 1 states t)at t)e u'es o( "ourt are not a&&'icab'e in e'ection
cases-
;es. We do not agree with the 1!,! that Administrative !ircular No. :4$%4 is not
applicable to election cases because it is merely amendatory of the )ules of !ourt and the
latter" pursuant to )ule 1 thereof" is not applicable to election cases. ,here is nothing in the
!ircular that indicates that it does not apply to election cases. En the contrary" it expressly
provides that the re-uirements therein" which are in addition to those in pertinent provisions of
the )ules of !ourt and existing circulars" Dshall be strictly complied with in the filing of
complainants" petitions" applications or other initiatory pleadings in all courts and agencies other
than the upreme !ourt and the !ourt of Appeals.D
Nor are we persuaded by its ruling that considering that the 1!,! has after all the
original and exclusive jurisdiction over the election protest" the certification was unnecessary
since the private respondent could not have filed the case anywhere else. ,he argument fails to
consider the possibility of a party availing" rightly or wrongly" of other legal remedies= or of filing
REMEDIAL LAW /a0e A o( 12
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
the same election protest in more than one 1,!" despite the erroneous venues= or of even
being unaware of the original exclusive jurisdiction of the 1,! over such protests and filing one
of the protests in the ),! by mistake. (<oyola vs. !A" #4' !)A 4++&
+ow s)ou'd an actionab'e docu%ent be contested-
,he adverse party must specifically deny under oath the genuineness and due execution
of the document and must set forth what he claims to be the facts" otherwise" it is deemed
admitted. ,his re-uirement of oath does not apply when the adverse party does not appear to
be a party to the instrument or when compliance with an order for an inspection of the original
instrument is refused.(ec. 7" )ule 7&
A (i'ed a co%&'aint a0ainst B. B (i'ed a 4TD w)ic) t)e tria' court denied. B (i'ed a &etition
(or certiorari in t)e a&&e''ate court wit) &ra*er (or injunction. Decide.
,he petition should be dismissed. 9 should have filed his answer" otherwise" he can be
declared in default upon motion of the plaintiff.
Distinction between a%ended and su&&'e%enta' &'eadin0s.
A4ENDED /LEAD!NG SU//LE4ENTAL /LEAD!NG
)efers to facts existing at the time of the
commencement of the action.
refers to facts arising after the filing of the
original pleading.
,ake the place of the original pleading. taken together with the original pleading.
can be made as a matter of right when no
responsive pleading has yet been filed
always with leave of court
can contain matters different from the original
pleading
cannot contain matters different from the
original cause of action
.)at are t)e %odes o( discover*- E$&'ain eac) brie('*.
1. De&ositions &endin0 action 5u'e 786 I ,his is the taking of the
testimony of any person" upon oral or written interrogatories whether a party or not" at the
instance of any party. ,his is commonly known as deposition de bene esse.
#. De&ositions be(ore action or &endin0 a&&ea' 5u'e 796 I
referred to as Jperpetuation of testimonyK or perpetuam rei memoriam because their
objective is to perpetuate the testimony of a witness for use in the future.
(. !nterro0atories to &arties 5u'e 7A6 I ,his type of discovery is
availed by any party desiring to elicit material and relevant facts from any adverse party.
4. Ad%ission b* adverse &art* 5u'e 7B6 I ,his is made at any
time after the issues have been joined and is availed of by filing and serving upon any other
party a written re-uest for admission of the genuiness of any material and relevant
document described in and exhibited with the re-uest or of the truth of any material and
relevant matter of fact set forth in the re-uest.
'. /roduction or ins&ection o( docu%ents and t)in0s 5u'e 726 I
,his is applicable only to a pending action and the document or things subject of the motion
must be only those within the possession" custody or control of a party. 0t is also re-uired
that the subject matter of the motion is not privileged. 0f the motion is granted" the order of
the court shall be directed to a party to the pending action.
8. /)*sica' and 4enta' e$a%ination o( &ersons 5u'e 7C6 I ,his
mode of discovery is available in an action in which the mental or physical condition of a
party is in controversy. ,he court in its discretion" may order the party to submit to a physical
or mental examination by a physician.
+ow s)ou'd t)e u'es o( "ourt be construed-
0t shall be liberally construed in order to promote the objective of securing a just" speedy"
and inexpensive disposition of every action and proceeding. (ec. 8" )ule 1&
De(ine t)e (o''owin0: "ri%ina' Action3 "ivi' Action3 S&ecia' /roceedin0
REMEDIAL LAW /a0e B o( 12
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
!riminal Action I is one by which the tate prosecutes a person to establish a status" a right" or
a particular fact.
!ivil Action I is one by which a party sues another for the enforcement or protection of a right"
or the prevention or redress of a wrong.
pecial .roceeding I is a remedy by which a party seeks to establish a status" a right" or a
particular fact.
De(ine transitor* and 'oca' action.
<ocal action I is one which is re-uired by the rules to be instituted in a particular place in the
absence of an agreement to the contrary. Bxample5 )eal Action.
,ransitory action I is one the venue of which is dependent generally upon the residence of the
parties regardless of where the cause of action arose. Bxample5 .ersonal Action.
Distin0uis) between a co%&u'sor* counterc'ai% and a &er%issive counterc'ai%.
A compulsory counterclaim is one which arises out of or is necessarily connected with
the transaction or occurrence that it is the subject matter of the opposing partyAs claim. 0f it is
within the jurisdiction of a regular court of justice and it does not re-uire for its adjudication the
presence of third parties over whom the court cannot ac-uire jurisdiction" it is barred if not set
up in the action. ,his is also known as recoupment.
A permissive counterclaim does not arise out of nor is it necessarily connected with the
subject matter of the opposing partyAs claim. 0t is not barred even if not set up in the action. ,his
is also known as a Jset$offK.
!nstances o( Service o( Su%%ons b* /ub'ication.
ummons by publication is authori3ed by the )ules under the following instances5
1. 0n any action where the defendant is
designated as an unknown owner" or the like" or whenever his whereabouts are unknown
and cannot be ascertained with diligent in-uiry. (ec. 14" )ule 14&
#. Hhen any action is commenced against a
defendant who ordinarily resides in the .hilippines" but who is temporarily out of it. (ec. 18"
)ule 14&
(. Hhen the defendant does not reside and is
not found in the .hilippines" and the action affects the personal status of the plaintiff or
relates to" or the subject of which 0s" property within the .hilippines" in which the defendant
has or claims a lien or interest" actual or contingent" or in which the relief demanded
consists" wholly or in part" in excluding the defendant from any interest therein" or the
property of the defendant has been attached within the .hilippines. (ec. 1'" )ule 14&
"an t)e court cite a jud0%ent debtor in conte%&t (or re(usa' to co%&'* wit) t)e
e$ecution o( t)e jud0e%ent-
He must distinguish.
A special judgment in ec. 1#" )ule (% is one which re-uires the performance of any act"
other than the payment of money or the sale or delivery of real or personal property" which a
party must personally do because his personal -ualifications and circumstances have been
taken into consideration. )efusal to comply is punishable by contempt. (!hinese !ommercial
.roperty vs. 1artine3&
Also" failure to give support pendente lite is punishable by contempt (ec. '" )ule 81&.
A judgment for specific acts under ec. 1:" )ule (%" on the other hand" directs a party to
execute conveyance of land" or to deliver deeds or other documents" or to perform any other
specific acts in connection therewith but which acts can be performed by persons other than
said party. 2ence" on refusal to comply" the court can appoint at the expense of the disobedient
REMEDIAL LAW /a0e 2 o( 12
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
party and the act when so done shall have the same effect as if performed by the party himself.
,he disobedient party incurs no liability for contempt. (!aluag vs. .ecson&
.)at is terceria-
,erceria is a third party claim filed with the sheriff if the property subject of levy on
execution" attachment or replevin is being claimed by a person not a party to the case.
SPECIAL CIVIL ACTIONS AND SPECIAL PROCEEDINGS
Distin0uis) between Un'aw(u' detainer and Dorcib'e entr*.
DO"!BLE ENT> UNLA.DUL DETA!NE
possession of the land by the defendant is
unlawful from the beginning as he ac-uires
possession by 6orce" 0ntimidation"
trategy" ,hreat or tealth (60,&
.ossession is inceptively lawful but it
becomes illegal by reason of the
termination of his right to the possession of
the property under his contract w/ the
plaintiff
no previous demand for the defendant to
vacate the premises is necessary
>emand is jurisdictional if the ground is
non$payment of rentals or failure to comply
with lease contract
the plaintiff must prove that he was in prior
physical possession of the premises until
he was deprived thereof by the defendant
the plaintiff need not have been in prior
physical possession
the 1 year period is generally counted from
the date of actual entry on the land
period is counted from the date of last
demand or last letter of demand
0n filing actions for ejectment" the above facts must be alleged in the complaint"
otherwise" the court will not ac-uire jurisdiction.
.)at is inter&'eader-
0t is a special civil action whereby a person who has property in his possession or an
obligation to render" wholly or partially" without claiming any right therein" or an interest which in
whole or in part is not disputed by the claimants" comes to court and asks that the persons who
consider themselves entitled to demand compliance with the obligation be re-uired to litigate
among themselves in order to determine finally who is entitled to the same. (ec. 1" )ule 8#&
.)at is dec'arator* re'ie(-
0t is one in which a person interested under a deed" will" contract" or other written
instrument" or whose rights are affected by a statute" executive order" or regulation or
ordinance" may" before breach or violation thereof" bring an action to determine any -uestion of
construction" or validly arising under the instrument or statute and for a declaration of his rights
and duties. (ec. 1" )ule 8(&
.)at are ot)er actions t)at %a* be brou0)t under u'e B8-
,hese are5
a. reformation of instrument=
b. -uieting of title or to remove a cloud therefrom=
c. consolidation of ownership. (ec. 1" )ule 8(&
"ite t)e instances w)en t)e court %a* re(use to 0rant dec'arator* re'ie(.
,hey are5
1. Hhen it would not terminate the uncertainty or the controversy which gave rise to the action=
or
#. Hhen the declaration or construction is not necessary and proper under the circumstance.
(ec. '" )ule 8(&
REMEDIAL LAW /a0e C o( 12
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
.)at action wou'd t)e court ta@e i( be(ore t)e (ina' ter%ination o( t)e case3 a breac) or
vio'ation o( an instru%ent s)ou'd ta@e &'ace-
0f before the final termination of the case" a breach or violation of an instrument should
take place the action shall be converted into an ordinary action. (ec. 8" )ule 8(&
.it)in w)at &eriod %a* a &etition (or certiorari be (i'ed-
0t shall be filed not later than sixty (8:& days from notice of the judgment" order or
resolution sought to be assailed in the upreme !ourt or" if it relates to acts or omissions of a
lower court or of a corporation" board" officer or person" in the )egional trial !ourt exercising
jurisdiction over the territorial area as defined by the upreme !ourt. (.eople vs. !A" 1:7 !A>
81%&
.it)in w)at &eriod s)ou'd a &erson ousted (ro% o((ice (i'e a &etition (or ,uo warranto-
!s t)ere an e$ce&tion-
An action for -uo warranto should be brought within one (1& year after ouster from office.
(ec. 11" )ule 88&. ,he failure to institute the same within the reglementary period constitutes
more than a sufficient basis for its dismissal" since it is not proper that the title to a public office
be subjected to continued uncertainty. An exception to this prescriptive period lies only if the
failure to file the action can be attributed to the acts of a responsible government officer and not
of the dismissed employee.
.)en %a* t)e &'ainti(( in an e%inent do%ain case enter t)e &ro&ert*-
1. @pon the filing of the complaint or at any time thereafter and after due notice to the
defendant if he deposits with the authori3ed government depository an amount e-uivalent to
the assessed value of the property for purposes of taxation. (ec. #" )ule 8+&
#. @pon payment by the plaintiff to the defendant of the compensation fixed by the
judgment" with legal interest thereon from the taking of the possession of the property" or
after tender to him of the amount so fixed and payment of the costs. (ec. 1:" )ule 8+&
.)at s)a'' t)e court do i( a(ter tria'3 it (inds t)e (acts set (ort) in t)e co%&'aint (or
(orec'osure o( t)e %ort0a0e to be true-
0f upon the trial in such action the court shall find the facts set forth in the complaint to be
true" it shall ascertain the amount due to the plaintiff upon the mortgage debt or obligation"
including interest and other charges as approved by the court" and costs" and shall render
judgment for the sum so found due and order that the same be paid to the court or to the
judgment obligee within a period of not less than ninety (%:& days nor more than one hundred
twenty (1#:& days from the entry of judgment. (ec. #" )ule 87&
.)at is t)e e((ect i( t)e de(endant (ai's to &a* t)e a%ount o( t)e jud0%ent-
,he court shall order the property to be sold. (ec. (" )ule 87&
.)at are t)e two sta0es in t)e action (or e$&ro&riation-
1. >etermination of the authority of the plaintiff to exercise the power of eminent domain
and the propriety of its exercise in the context of the facts involved in the suit.
#. >etermination by the !ourt of Dthe just compensation for the property sought to be
taken.D (N.! vs. /ocson" #:' !)A '#:&
.)at is t)e on'* issue in an eject%ent case-
0n ejectment cases" the sole -uestion for resolution is the physical or material
possession (possession de facto& of the property in -uestion and neither a claim of juridical
possession (possession de jure& nor an averment of ownership by the defendant can outrightly
deprive the court from taking due cogni3ance of the case. o that" even if the -uestion of
ownership is raised in the pleadings" the court may pass upon such issue but only to determine
REMEDIAL LAW /a0e E o( 12
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
the -uestion of possession especially if the former is inseparably linked with the latter. (.eng3on
vs. Ecampo" /r= F) No. 1(1%87" /une #%" #::1&
.)at are t)e two sta0es in t)e action o( &artition-
1. >etermination of whether or not a co$ownership in fact exists" and
a partition is proper (i.e." not otherwise legally proscribed& and may be made by voluntary
agreement of all the parties interested in the property.
#. ,he second phase commences when it appears that Dthe parties
are unable to agree upon the partitionD directed by the court. 0n that event partition shall be
done for the parties by the !ourt with the assistance of not more than three ((&
commissioners.
State t)e ru'e i( t)e de(endant raises t)e issue o( owners)i& in an eject%ent suit-
Hhen the defendant raises the defense of ownership in his pleading and the -uestion of
possession cannot be resolved without deciding the issue of ownership" the issue of ownership
shall be resolved only to determine the issue of possession. ()efugia vs. !A" +1 !A> +8:&
.)at is t)e nature o( a jud0%ent in (orcib'e entr* or un'aw(u' detainer-
0t is conclusive with respect to possession only and shall in no wise bind the title or affect
the ownership of the land or building. uch judgment shall not bar an action between the same
parties respecting title to the land or building. (ec. 17" )ule +:&
+ow %a* t)e e$ecution o( an eject%ent jud0%ent be sta*ed- Are t)ere e$ce&tions-
,he only way to stay execution of a judgment in an ejectment suit is by perfecting an
appeal and filing a supersedeas bond" depositing from time to time with the ),! during the
pendency of the appeal" the amounts of rent or the reasonable value for the use of the property
as fixed by the court of origin. ,he reason is possession of the property. 6ailure to comply with
this re-uirement" execution will issue.
,here are exceptions to the rule5
a. where delay in the deposit is due to fraud" accident" mistake or excusable negligence=
b. where supervening events occur subse-uent to the judgment bringing about a material
change in the situation of the parties which makes execution ine-uitable=
c. where there is no compelling urgency for the execution because it is not justified by the
circumstances. (.uncia vs. Feruna" 8+ !A>" (##&
!n (orcib'e entr* cases3 t)e action %ust be brou0)t wit)in one *ear (ro% entr*. !s t)e ru'e
abso'ute-
No. 0n forcible entry cases where entry is through stealth" the one$year period should be
counted from the date of discovery and prohibition. (Blave vs. !A" Aril #8" 1%7%&
.)at da%a0es %a* t)e &'ainti(( recover in an eject%ent suit-
,he only damages that may be awarded to the plaintiff in an ejectment suit are rentals.
0t does not even extend to award of electric and water bills. 0t should be litigated in another
tribunal. (Araos vs. !A" '# !A> 7%&
!n w)at court %a* t)e sett'e%ent o( estate o( a deceased &erson be (i'ed-
0t depends. 0f the decedent is an inhabitant of the .hilippines at the time of his death"
whether a citi3en or an alien" his will shall be proved" or letters of administration granted" and his
estate settled" in the ),! in the province in which he resides at the time of his death" and if he
is an inhabitant of a foreign country" the ),! of any province in which he had his estate. ,he
court first taking cogni3ance of the settlement of the estate of a decedent" shall exercise
jurisdiction to the exclusion of all other courts. (ec. 1" )ule +(&
REMEDIAL LAW /a0e 1F o( 12
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
4a* t)e &robate court decide an issue o( owners)i& arisin0 durin0 t)e &roceedin0s- !s
t)e ru'e abso'ute-
No" because the jurisdiction of the probate court is limited and it cannot determine the
issue of ownership of properties. (*alera vs. 0nserto" 14% !)A '((& ,here are however"
exceptions" like5
1. Hhen the heirs agree to submit the -uestion of determination of ownership to the probate
court" without prejudice to third persons. (,rinidad vs. !A" #:# !)A 1:8&
#. 6or purposes of determining whether the property should be included in the inventory" the
probate court may decide prima facie the ownership of said property" but the determination
is not final and without prejudice to the right of interested parties to ventilate the -uestion of
ownership in a proper action. ()eyes vs. 1os-ueda" 17% !)A 881&
.)at is t)e nature o( a &robate &roceedin0-
.robate of a will is a proceeding in rem. 0t cannot be dispensed with and substituted by
another proceeding" judicial or extra$judicial" without offending public policy. 0t is mandatory as
no will shall pass either real or personal property unless proved and allowed in accordance with
the )ules of !ourt. 0t is imprescriptible because it is re-uired by public policy and the state
could not have intended to defeat the same by applying thereto the statute of limitation of
actions. (Fuevarra vs. Fuevarra" +4 .hil 4+%&
.)at are t)e re%edies o( an un&aid creditor in case o( su%%ar* sett'e%ent
&roceedin0s-
Hhere the estate has been summarily settled" the unpaid creditor" may within the two-
year period" file a motion in the court wherein such summary settlement was had" for the
payment of his credit. (ec. 4" )ule +4&. After the lapse of the two-year period" an ordinary
action may be instituted against the distributees within the statute of limitations" but not against
the bond.
4a* t)ere be an ora' &artition o( estate-
;es" and it is valid and binding among the parties. ,he re-uired public instrument is not
constitutive of the contract of partition but merely an evidence thereof where the ! said that
there is nothing in ec. 1" )ule +4 from which it can be inferred that a writing or other formality
is an essential re-uisite for the validity of partition.
!s t)ere a co''ective na%e (or t)e &rovisions o( u'e CB (i$in0 t)e &eriod (or t)e (i'in0 o(
c'ai%s a0ainst t)e estate o( t)e decedent-
;es" statute of non$claims. (antos vs. 1anaoang" #+ .hil #:%&
!s t)ere an* distinction between t)e so;ca''ed statute o( non;c'ai%s (ro% statute o(
'i%itations-
;es. 0nsofar as claims against the estates of deceased persons are concerned" the
statute of non$claims supersedes the statute of limitations. 2ence" if a debtor dies" his creditors
must present their claims" whether the same be due" not due or contingent" in the settlement
proceeding of the estate of the deceased debtor within the time provided in the statute of non$
claims" or the same shall be barred forever. (Bstate of >e >ios" #4 .hil '+(&
!s t)e re%ed* o( e$ecution avai'ab'e in (avor o( a creditor a0ainst t)e estate o( a
decedent- .)*-
No" because the procedure outlined by law is the sale of personal property or the sale or
mortgage of real property of the decedent and the proceeds shall be paid out of said proceeds.
(Aldami3 vs. !60 of 1indoro" 7' .hil ##7&
.)en %a* e$ecution a0ainst t)e estate issue-
Bxecution may issue only where the heirs" devisees and legatees have entered into the
possession of their respective portions in the estate prior to payment of debts and expenses of
REMEDIAL LAW /a0e 11 o( 12
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
administration and it is later ascertained that there are still debts and expenses to be paid" in
which case the court having jurisdiction" after hearing" may order the heirs" devisees and
legatees to contribute to the payment" and may issue execution if circumstances re-uire. (ec.
8" )ule 77&
.)at is esc)eat-
Bscheat is a proceeding whereby the real and personal property of a person who dies
without leaving any will or legal heirs become the property of the tate upon his death. (1un. of
an .edro vs. !ollegio de an /ose" 8' .hil (17&
.)en and b* w)o% %a* a c'ai% to esc)eated &ro&ert* be (i'ed-
0f an heir of the deceased files a claim with the court having jurisdiction within five ('&
years from the date of the judgment" such person shall have possession of and title to the
escheated property" or if sold" the municipality or city shall be accountable to him for the
proceeds" after deducting reasonable charges. A claim not made within said period of five ('&
years shall be forever barred. (ec. 4" )ule %1&
State t)e e$tent and (unction o( t)e writ o( )abeas cor&us.
,he writ of habeas corpus under )ule 1:# of the )ules of !ourt extends to all cases of
illegal confinement or detention by which any person is deprived of his liberty" or by which the
rightful custody of any person is withheld from the person entitled thereto. ,he function of the
special proceeding of habeas corpus is to in-uire into the legality of oneAs detention. (9ernarte
vs. !A" +' !A> 4::&
4a* a 'e0iti%ate c)i'd o( a %ot)er w)o %arries anot)er %an a(ter )er )usbands deat)
c)an0e )er surna%e to ado&t t)e surna%e o( t)e ste&(at)er-
No" because it will cause a lot of -uestions and confusions. ,he touchstone for the grant
of change of name is that there be proper and reasonable cause for which the change is sought.
(ec. '" )ule 1:(& 0t was not held reasonable for a legitimate child who would ask for change of
name to adopt the stepfatherAs name since the child is re-uired to principally use the surname
of his father. (Article (84" N!!& A change of name is a matter of privilege" not a matter of right"
addressed to the sound discretion of the court which has the duty to consider carefully the
conse-uences of a change of name and to deny the same unless weighty reasons are shown.
(Ng ;ao iong vs. )epublic" 18 !)A 47(= )epublic vs. /udge" !60 !ebu" 1(# !)A 48#& ,he
remedy is for the stepfather to adopt the child.
CRIMINAL PROCEDURE:
De(ine /re'i%inar* !nvesti0ation.
.reliminary investigation is an in-uiry or proceeding to determine whether there is
sufficient ground to engender a well$founded belief that a crime has been committed and the
respondent is probably guilty thereof" and should be held for trial. (ec. 1" )ule 11#&
Distin0uis) between /re'i%inar* !nvesti0ation under u'e 117 and /re'i%inar*
!nvesti0ation under Sec. 73 Art. !!! o( t)e "onstitution.
@nder )ule 11#" .reliminary 0nvestigation is the in-uiry to determine the existence of
sufficient ground for the filing of the information in court. ,his is executive in nature.
@nder the !onstitution" .reliminary 0nvestigation is the determination of the existence of
probable cause to issue the warrant of arrest. ,his is judicial in nature and can only be done by
a judge.
.)at are t)e cri%es w)ic) re,uire &re'i%inar* investi0ation-
.reliminary 0nvestigation is re-uired for all crimes punishable by at least 4 years" #
months" and 1 day imprisonment without regard to fine. (ec. 1(a& )ule 11:&
REMEDIAL LAW /a0e 17 o( 12
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
.)at is t)e e((ect o( (ai'ure to a''e0e ,ua'i(*in0 and a00ravatin0 circu%stances-
0f not alleged" they cannot be taken into account in the imposition of penalty. ()epublic
vs. NuLe3" (1: !)A 187&. 0f not alleged" it would violate the accusedAs constitutional right to
be informed of the nature of the charges against him. 2owever" even if not alleged" but the
circumstances are proved during trial" it can be considered in the imposition of exemplary
damages.
4a* substantia' a%end%ents o( co%&'aint or in(or%ation be %ade-
;es. A complaint or information may be amended" in form or in substance" without leave
of court" at any time before the accused enters his plea. After the plea and during the trial" only
a formal amendment may be made with leave of court and when it can be done without causing
prejudice to the rights of the accused.
2owever" any amendment before plea (whether formal or substantial&" which
downgrades the nature of the offense charged in or excludes any accused from the complaint
or information" can be made only upon motion by the prosecutor" with notice to the offended
party and with leave of court. (ec. 14" )ule 11:&
+ow to deter%ine i( t)e a%end%ent is (or%a' or substantia'-
,he amendment is substantial if a defense under the original information would no
longer be available after amendment is made and when any evidence the accused might have
would be inapplicable to the amended information. (Fabion3a vs. !A" ($(:$:1&
0f the new allegations relate only to the range of the penalty that might be usurped" the
amendment is a matter of form. (armiento vs. >e <eon" !A$F). No. 4(%8'" Aug. +" 1%%7&
!n an in(or%ation3 t)e &'ainti(( a''e0ed t)at t)e cri%e was co%%itted on :Nove%ber
1EEB<. T)e accused %oved to ,uas) t)e in(or%ation. Decide.
JNovember" 1%%8K is not indefinite. 0t is not necessary that the precise time that the act
was committed be alleged in the information except when time is a material ingredient in the
offense. ,he offense may be alleged to have been committed at any time as near the actual
date at which the offense was committed. ()epublic vs. 6erolino" 4$'$::& ,he purpose of the
rule re-uiring the allegation of time is to inform the accused of the nature of the accusations
against him.
Ernie was accused o( ra&in0 )er %inor dau0)ter. T)e in(or%ation did not a''e0e
)is re'ations)i& wit) and t)e %inorit* o( t)e victi%. T)e tria' court convicted t)e accused
and i%&osed t)e &ena't* o( deat). Did t)e court act correct'*-
No. 6or death penalty to be imposed" the minority and relationship must be alleged in the
information. >eath penalty cannot be automatically imposed merely because of the appreciation
of minority and relationship by the trial court" no matter how clearly they were established. ,his
is necessary to inform the accused of the nature of the accusations against him
!n an in(or%ation a0ainst =3 )e was c)ar0ed wit) )o%icide but t)e a''e0ations o(
t)e in(or%ation s)ow t)at %urder )as been c)ar0ed. "an t)e accused be convicted o(
%urder-
;es. 0n interpreting an information" what controls is the description of the offense
charged and not the designation. ,he reason is that the designation is only a conclusion of law.
.)at is t)e e((ect o( (i'in0 o( co%&'aint-
0f the complaint is filed with the court" it interrupts the period of prescription. 0f the
complaint is filed with the prosecutor" it also interrupts the period of prescription except those
that were governed by the )ules on ummary .rocedure.
!s t)e a%end%ent o( t)e in(or%ation (ro% (rustrated %urder to %urder a substantia'
a%end%ent-
REMEDIAL LAW /a0e 18 o( 12
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
No. Enly a formal amendment. (,eehankee vs. 1adayag&
.)at wou'd be t)e re%ed* o( t)e accused i( t)e in(or%ation c)ar0es %ore t)an one
o((ense-
,he general rule is that the information must charge but one offense. 6ailure to comply
would be a ground for a motion to -uash. ,he exceptions to the one$information" one$offense
rule are5 a.& when the information charges a complex crime and b.& if there are several crimes
alleged and no objection by accused in a 1otion to Cuash" in which case the accused can be
convicted of as many crimes as may be proven.
!s it necessar* (or t)e &art* to reserve )is ri0)t to (i'e an inde&endent civi' action under
Arts. 873 883 89 and 712B o( t)e ""-
No. )eservation is not necessary.
.)at is t)e e((ect o( deat) on t)e 'iabi'ities o( t)e accused &endin0 a&&ea'-
,he death of the accused pending appeal extinguishes not only his criminal liability but
also his civil liability arising from the delict. ,he independent civil action in Articles (#" ((" (4"
#1+8 may continue against the estate or legal representatives of the accused. (9ayotas vs. !A"
ept. #" 1%%4&
.)at are t)e e'e%ents o( &rejudicia' ,uestion-
1. !ivil action involves an issue similar or ultimately related to the issue raised in the
criminal action= and
#. resolution of such issues is determinative of whether or not the criminal action may
proceed.
!s an action (or dec'aration o( nu''it* o( a %arria0e a &rejudicia' ,uestion to a case (or
concubina0e-
No. .ronouncement that a marriage is void is not a defense in a concubinage case. ,he
parties should not be permitted to judge for themselves the nullity of their marriages. 2e who
cohabits with a woman not his wife prior to the judicial declaration of nullity of the marriage
assumes the risk of being prosecuted for concubinage. (9eltran vs. .eople" 8$#:$::& 0n the
same vein" a case for declaration of nullity of marriage is not a prejudicial -uestion to a bigamy
case. (1ercado vs. ,an&
.)at are t)e instances o( va'id arrest wit)out a warrant-
ec. '. Arrest without warrant; when lawful. I A peace officer or a private person may" without a
warrant" arrest a person5
(b& Hhen" in his presence" the person to be arrested has committed" is actually
committing" or is attempting to commit an offense=
(c& Hhen an offense has just been committed and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be arrested has
committed it= and
(d& Hhen the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined while
his case is pending" or has escaped while being transferred from one confinement to
another. ()ule 11(&
.)en is bai' a %atter o( ri0)t and w)en is it a %atter o( discretion-
9ail is a matter of right5 a.& before or after conviction by the 1etropolitan ,rial !ourt"
1unicipal ,rial !ourt in !ities" or 1unicipal !ircuit ,rial court" and b.& before conviction by the
),! of an offense not punishable by death" reclusion perpetua" or life imprisonment.
@pon conviction by the ),! of an offense not punishable by death" reclusion perpetua
or life imprisonment" admission to bail is discretionary. (ec. '" )ule 114& Also" bail is
REMEDIAL LAW /a0e 19 o( 12
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
discretionary if he is charged with crime punishable by death" reclusion perpetua and life
imprisonment when evidence of guilt is not strong. (After conviction of an offense punishable by
death" reclusion perpetua and life imprisonment" the accused shall no longed be entitled to bail
as evidence of guilt is strong&
.)ere s)ou'd t)e bai' be &osted i( bai' is a %atter o( discretion-
,he application for bail may be filed and acted upon by the trial court despite the filing of
a notice of appeal" provided it has not transmitted the original record to the appellate court.
2owever" if the decision of the trial court convicting the accused changed the nature of the
offense from non$bailable to bailable" the application for bail can only be filed with and resolved
by the appellate court. (ec. 4" )ule 114&
0f there is a pending preliminary investigation before the prosecutorAs office" the bail
should be filed with the ),!.
!s )earin0 (or bai' %andator*-
0n instances where bail is a matter of right and the bail to be granted is based on the
recommendation of the prosecution as stated in the information or complainant" a hearing is not
necessary. ,here is no rule re-uiring a hearing before the approval of the bail as recommended
by the prosecution. ,his must be so because the court has not yet ac-uired jurisdiction over the
person of the accused as he has not yet been arrested or surrendered" while the prosecution is
not prejudiced at all as the amount of bail is fixed in accordance with its recommendation.
9ut where however" there is a reduction of bail as recommended or after conviction by
the ),! of an offense not punishable by death" reclusion perpetua or life imprisonment wherein
the grant of bail is discretionary" there must be a hearing before a bail is granted in order to
afford the prosecution the chance to oppose it. (9angayan vs. 9utacan" (4' !)A (:1&
4a* a &erson under custod* o( 'aw but not *et c)ar0ed wit) o((ense a&&'* (or bai'-
;es. 0f the right to bail protects those already charged under a formal complaint or
information" there is no legal or just reason for denying its benefits to one as against whom the
proper authorities may not even yet conclude that there exists sufficient evidence of guilt.
(,eehankee vs. )ovira" +' .hil 8(4&
!s a&&'ication (or bai' or ad%ission to bai' a bar (ro% assai'in0 t)e re0u'arit* or
,uestionin0 t)e absence o( a &re'i%inar* investi0ation-
No" provided that he raises it before entering his plea. 0t is also not a bar for challenging
the validity of his arrest or the legality of the warrant issued therefor. (ec. #8" )ule 114&
!s it necessar* t)at t)e accused be arrai0ned be(ore t)e 0rantin0 o( bai'-
No. ,hat would foreclose his right to file 1otion to Cuash because 1,C can be filed only
before the arraignment. (<avides !ase= erapio !ase&
A3 B3 " were c)ar0ed wit) %urder. A and B &'eaded not 0ui't* w)i'e " &'eaded 0ui't*.
Durin0 tria'3 t)ere was no su((icient evidence to convict t)e accused. .)at s)ou'd t)e
court do-
,he court should ac-uit A and 9 who pleaded not guilty. Hith respect to ! who pleaded
guilty" he should be re$arraigned before he can be ac-uitted. ,he reason is that there can be no
ac-uittal of an accused who pleaded guilty because that is an unconditional admission of guilt.
A was c)ar0ed wit) )o%icide. +e &'eaded 0ui't* to t)e 'esser o((ense o( atte%&ted
)o%icide. T)e court convicted t)e accused wit) atte%&ted )o%icide. Did t)e court act
correct'*-
No. 0t may be stated in this connection that unlike in the crime of murder where the
accused may plead to the lesser offense of homicide" in homicide a misinterpretation may arise"
as in this case" when the accused pleads guilty to attempted homicide" because here the fact of
the death of the victim" which is the principal element of the crime is obliterated. ,his is specially
REMEDIAL LAW /a0e 1A o( 12
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
so because the decision/sentence does not contain findings of fact and conclusions of law but
merely an account that the accused pleaded guilty to a lesser offense and the penalty imposed.
(Amatan vs. Aujero&
Accused was c)ar0ed wit) ra&e. On arrai0n%ent )e &'eaded 0ui't* but bar0ained (or a
'esser &ena't*. "o%&'ainantGs %ot)er and t)e &ub'ic &rosecutor a0reed wit) t)e &'ea
bar0ain. T)e accused was convicted. A(ter t)ree %ont)s3 t)e case was revived at t)e
instance o( t)e co%&'ainant on t)e 0round t)at t)e &ena't* i%&osed was Htoo 'i0)t.H As a
conse,uence3 accused was re;arrai0ned w)ere )e entered a &'ea o( not 0ui't*. +e was
a0ain convicted b* t)e tria' court.
.as t)ere a vio'ation o( t)e ri0)t o( t)e accused a0ainst doub'e jeo&ard*-
No. ,he order of the trial court convicting the accused$appellant on his own plea of guilt
is void ab initio on the ground that accused$appellantGs plea is not the plea bargaining
contemplated and allowed by law and the rules of procedure. ,he only instance where a plea
bargaining is allowed under the )ules is when an accused pleads guilty to a lesser offense.
0t must be emphasi3ed that accused$appellant did not plead to a lesser offense but
pleaded guilty to the rape charges and only bargained for a lesser penalty. 0n short" as aptly
observed by the olicitor Feneral" he did not plea bargain but made conditions on the penalty to
be imposed. ,his is erroneous because by pleading guilty to the offense charged" accused$
appellant should be sentenced to the penalty to which he pleaded. (.eople vs. 1agat" '$(1$::&
.)at is t)e di((erence between &re;tria' a0ree%ents and ad%issions in civi' and cri%ina'
cases-
0n civil cases" pre$trial agreements need not be in writing and need not be signed. 0n
criminal cases" it must be in writing and must be signed by the accused and the counsel"
otherwise" it cannot be used in evidence against the accused.
Note5 0f admissions are done during trial" there is no need that it be put in writing and signed by
party and counsel. ,he reason is that it is automatically put in writing. )eason5 ,rial courts are
courts of record.
.)at wou'd be t)e e((ect i( t)e co%&'ainant w)o was du'* noti(ied (ai's to a&&ear durin0
&'ea bar0ainin0-
.resence of complainant is mandatory or re-uired for the purposes of the plea
bargaining" determination of civil liability and other matters re-uiring his presence. 0f he does not
appear despite due notice" court may allow accused to enter a plea for a lesser offense
necessarily included in the offense charge with conformity of the fiscal alone.
.)at is t)e ru'e w)en t)ere is variance between t)e a''e0ation and &roo(-
Hhen there is variance between the offense charged in the complaint or information and
that proved" and the offense as charged is included in or necessarily includes the offense
proved" the accused shall be convicted of the offense proved which is included in the offense
charged" or of the offense charged which is included in the offense proved. (ec. 4" )ule 1#:&
Bxample" accused is charged with murder" but the offense proved is only that of homicide" he
can be convicted of the latter offense. 2owever" the accused cannot be convicted of murder if
the charged is only that of homicide.
!s t)e &resence o( t)e accused needed durin0 &ro%u'0ation o( jud0%ent-
;es. ,he judgment is promulgated by reading it in the presence of the accused and any
judge of the court in which it was rendered.
Bxception5
1. 0f the conviction is for a light offense" judgment may be
pronounced in the presence of his counsel or representative.
#. 0f the judgment is for ac-uittal. (.aredes vs. 1analo" #44 !)A
84&
REMEDIAL LAW /a0e 1B o( 12
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
(. 0f the accused was tried in absentia.
.)at is t)e re%ed* i( t)e de%urrer to evidence is denied b* t)e court-
0f the demurrer was with leave of court" the accused may still adduce evidence in his
defense. 0f it is without leave" accused waives the right to present evidence and submits the
case for judgment on the basis of the evidence of the prosecution. (ec. #(" )ule 11%&
Erder of denial of the demurrer to evidence is not reviewable by appeal or certiorari
before judgment. (ec. #(" )ule 11%&
.)at is t)e e((ect o( t)e esca&e o( t)e accused &endin0 a&&ea' o( )is conviction-
2is appeal should be dismissed. Bxcept when the death penalty is imposed" because
review by the upreme !ourt is automatic.
"an a &erson tried in absentia a&&ea' (ro% )is conviction-
;es. 2e only lost his right to present evidence but not his right to appeal.
A3 B3 " were a'' convicted o( )o%icide. On'* A a&&ea'ed t)e conviction. .)at is t)e
e((ect on B and "-
,he results of the appeal does not affect the non$appealing parties except when the
result is favorable" in which case" it inures to the non$appealing parties . (ec. 11" )ule 1#(&
A was convicted be(ore t)e T" wit) )o%icide. On a&&ea'3 t)e "A (ound t)at A
co%%itted %urder w)ic) is &unis)ab'e b* deat). "an t)e "A i%&ose t)e &ena't* o(
deat)-
;es. Hhenever the !A finds that the penalty of death" reclusion perpetua" or life
imprisonment should be imposed in a case" the court" after discussion of the evidence and the
law involved" shall render judgment imposing the penalty of death" reclusion perpetua or life
imprisonment as the circumstances warrant. 2owever" it shall refrain from entering the
judgment and forthwith certify the case and elevate the entire record thereof to the Supreme
Court for review.

.)ic) court )as jurisdiction over a %otion ,uestionin0 t)e i''e0a'it* o( a searc) warrant-
!s it t)e court )earin0 t)e cri%ina' case or t)e court t)at issued t)e warrant-
,he court hearing the criminal case. 0t should be advisable that whenever a earch
Harrant has been issued by one !ourt" or 9ranch" and a criminal prosecution is initiated in
another !ourt" or 9ranch" as a result of the service of the earch Harrant" the BA)!2
HA))AN, !AB should be consolidated with the criminal case for orderly procedure. ,he later
criminal case is more substantial that the earch Harrant proceeding" and the .residing /udge
in the criminal case should have the right to act on petitions to exclude evidence unlawfully
obtained.
REMEDIAL LAW /a0e 12 o( 12