Doctrines

Doctrines
PARAFFIN TEST:
A negative finding on paraffin test is not a conclusive proof that one has not fired a gun
because it is possible for a person to fire a gun and yet bear no traces of nitrates or
gunpowder, as when the culprit washes his hands or wears gloves.
GENERAL PRINCIPLES:
As a general rule, laws shall have no retroactive effect. However, exceptions exist, and
one such exception concerns a law that is procedural in nature. The reason is that a remedial
statute or a statute relating to remedies or modes of procedure does not create new rights or take
away vested rights but only operates in furtherance of the remedy or the confirmation of already
existing rights. A statute or rule regulating the procedure of the courts will be construed as
applicable to actions pending and undetermined at the time of its passage.
WELL-SETTLED IS THE RULE THAT FACTUAL

FINDINGS OF THE SANDIGANBAYAN ARE
CONCLUSIVE UPON THE SUPREME COURT:
Save in the following cases: 1) the conclusion is a finding grounded entirely on speculation,
surmise and conjecture; 2) the inference made is manifestly an error or founded on a mistake; 3)
there is grave abuse of discretion; 4) the judgment is based on misapprehension of facts; 5) the
findings of fact are premised on a want of evidence and are contradicted by evidence on
record; and 6) said findings of fact are conclusions without citation of specific evidence on
which they are based.
PROHIBITION:
Prohibition or a "writ of prohibition" is that process by which a superior court prevents
inferior courts, tribunals, officers, or persons from usurping or exercising a jurisdiction with
which they have not been vested by law. As its name indicates, the writ is one that commands the
person or tribunal to whom it is directed not to do something which he or she is about to do.
PERSONAL NOTICE TO THE MORTGAGOR IS NOT

NECESSARY FOR THE VALIDITY OF THE
FORECLOSURE PROCEEDINGS:
As held by the Supreme Court in Philippine National Bank v. Nepomuceno Productions, Inc.,
x x x personal notice to the mortgagor is not necessary for the validity of the foreclosure
proceedings, thus: "The principal object of a notice of sale in a foreclosure of mortgage is not so
much to notify the mortgagor as to inform the public generally of the nature and condition of the
property to be sold, and of the time, place, and terms of the sale. Notices are given to secure
bidders and prevent a sacrifice of the property.
THE WRIT OF AMPARO IS NOT A WRIT TO PROTECT

CONCERNS THAT ARE PURELY PROPERTY OR
COMMERCIAL. NEITHER IS IT A WRIT THAT SHALL
ISSUE ON AMORPHOUS AND UNCERTAIN GROUNDS:
Consequently, the Rule on the Writ of Amparo in line with the extraordinary character of
the writ and the reasonable certainty that its issuance demands requires that every petition for
the issuance of the writ must be supported by justifying allegations of fact, to
wit: (a) The personal circumstances of the petitioner; (b) The name and personal circumstances
of the respondent responsible for the threat, act or omission, or, if the name is unknown or
uncertain, the respondent may be described by an assumed appellation; (c) The right to life, lib
NEW STANDARD OF RELAXED ADMISSIBILITY OF

EVIDENCE IN AMPARO PETITIONS:
In Razon, Jr. vs. Tagitis, G.R. No.
APPEALS:
The right to appeal is not a natural right or a part of due process, but merely a statutory
privilege and may be exercised only in the manner and in accordance with the provisions of
the law. The party who seeks to avail of the same must comply with the requirements of the
rules, failing in which the right to appeal is lost.
A NATURAL MOTHER HAS THE CORRESPONDING

NATURAL AND LEGAL RIGHT TO THE CUSTODY OF
A MINOR. SHE HAS THE PREFERENTIAL RIGHT
OVER THE GRANDMOTHER OF THE SAID MINOR:
The basic issue for our resolution is who between the mother and grandmother of minor
Vincent should be his guardian. The Supreme Court agreed with the ruling of the Court of
Appeals that respondent, being the natural mother of the minor, has the preferential right over
that of petitioner to be his guardian. This ruling finds support in Article 211 of the Family Code.
Indeed, being the natural mother of minor Vincent, respondent has the corresponding natural and
legal right to his custody. In Sagala-Eslao vs.
A PETITION FOR DECLARATORY RELIEF MAY ALSO

BE TREATED AS A PETITION FOR MANDAMUS IF
THE ISSUE INVOLVED HAS FAR-REACHING
IMPLICATIONS:
In Salvacion v. Central Bank of the Philippines, 343 Phil. 539 (1997) the Supreme Court
treated the petition for declaratory relief as one for mandamus considering the grave injustice
that would result in the interpretation of a banking law. The Supreme Court similarly brushed
aside the procedural infirmity of the petition for declaratory relief and treated the same as one for
mandamus.
Provisional Remedies:
Provisional remedies are writs and processes available during the pendency of the action
which may be resorted to by a litigant to preserve and protect certain rights and interests therein
pending rendition, and for purposes of the ultimate effects, of a final judgment in the case. They
are provisional because they constitute temporary measures availed of during the pendency of
the action, and they are ancillary because they are mere incidents in and are dependent upon the
result of the main action. (Calderon vs.
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WHEN A PRIVATE PROSECUTOR MAY PROSECUTE A

CASE EVEN IN THE ABSENCE OF THE PUBLIC
PROSECUTOR:
A private prosecutor may prosecute the criminal action up to the end of the trial even in the
absence of the public prosecutor if he authorized to do so in writing. This written authorization
shall be given by either the Chief of the Prosecution Office or the Regional State Prosecutor. The
written authorization in order to be given effect must however, be appointed by the court (Sec. 5,
Rule 110, Rules of court; A.M. No. 02-2-07-SC, April 10, 2002 effective May 1, 2002).
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EVEN IN THE ABSENCE OF THE PUBLIC PROSECUTOR:
HYPOTHETICAL ADMISSION RULE:

When a motion to dismiss is filed, the material allegations of the complaint are deemed
to be hypothetically admitted. This hypothetical admission, extends not only to the relevant
and material facts well pleaded in the complaint, but also to inferences that may be fairly
deduced from them.
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VENUE IN JUDICIAL SETTLEMENT OF ESTATE:

For purposes of fixing venue under the Rules of Court, the "residence" of a person is his
personal, actual or physical habitation, or actual residence or place of abode, which may not
necessarily be his legal residence or domicile provided he resides therein with continuity and
consistency. Hence, it is possible that a person may have his residence in one place and
domicile in another.
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DEAD MANS STATUTE:

The Dead Mans Statute provides that if one party to the alleged transaction is precluded
from testifying by death, insanity, or other mental disabilities, the surviving party is not entitled
to the undue advantage of giving his own uncontradicted and unexplained account of the
transaction.
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AN ADMISSION, VERBAL OR WRITTEN, MADE BY A

PARTY IN THE COURSE OF THE PROCEEDINGS IN
THE SAME CASE DOES NOT REQUIRE PROOF:
It may be made: (a) in the pleadings filed by the parties; (b) in the course of the trial either by
verbal or written manifestations or stipulations; or (c) in other stages of judicial proceedings, as
in the pre-trial of the case.
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THE COURSE OF THE PROCEEDINGS IN THE SAME CASE DOES NOT
REQUIRE PROOF:
MULTIPLE APPEALS ARE ALLOWED IN SPECIAL

PROCEEDINGS, IN ACTIONS FOR PARTITION OF
PROPERTY WITH ACCOUNTING, IN THE SPECIAL
CIVIL ACTIONS OF EMINENT DOMAIN AND
FORECLOSURE OF MORTGAGE:
The rationale behind allowing more than one appeal in the same case is to enable the rest of
the case to proceed in the event that a separate and distinct issue is resolved by the court and held
to be final.
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PROCEEDINGS, IN ACTIONS FOR PARTITION OF PROPERTY WITH
ACCOUNTING, IN THE SPECIAL CIVIL ACTIONS OF EMINENT DOMAIN AND
FORECLOSURE OF MORTGAGE:
RECRUITMENT CASES:
In illegal recruitment cases, the failure to present receipts for money that was paid in
connection with the recruitment process will not affect the strength of the evidence presented by
the prosecution as long as the payment can be proved through clear and convincing testimonies
of credible witnesses.
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PRELIMINARY INJUNCTION:
Injunction is a judicial writ, process or proceeding whereby a party is directed either to do a
particular act, in which case it is called a mandatory injunction or to refrain from doing a
particular act, in which case it is called a prohibitory injunction. As a main action, injunction
seeks to permanently enjoin the defendant through a final injunction issued by the court and
contained in the judgment.
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CHAIN OF CUSTODY:
Crucial in proving chain of custody is the marking of the seized drugs or other related items
immediately after they are seized from the accused. Marking after seizure is the starting point in
the custodial link, thus, it is vital that the seized contraband are immediately marked because
succeeding handlers of the specimens will use the markings as reference.
AUTHENTICITY OF PRIVATE DOCUMENT:

Section 20, Rule 132 of the Rules of Court provides that before any private document offered
as authentic is received in evidence, its due execution and authenticity must be proved either: (a)
by anyone who saw the document executed or written; or (b) by evidence of the genuineness of
the signature or handwriting of the maker.
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NEWSPAPER OF GENERAL CIRCULATION:

Newspaper will not be realized. In fact, to ensure a wide readership of the newspaper,
jurisprudence suggests that the newspaper must also be appealing to the public in general. The
Court has, therefore, held in several cases that the newspaper must not be devoted solely to the
interests, or published for the entertainment, of a particular class, profession, trade, calling, race,
or religious denomination.
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INSTANCES WHERE THE COURTS MAY INTERFERE

WITH THE OMBUDSMANS INVESTIGATORY
POWERS:
(a) To afford protection to the constitutional rights of the accused; (b) When necessary for the
orderly administration of justice or to avoid oppression or multiplicity of actions; (c) When there
is a prejudicial question which is sub judice; (d) When the acts of the officer are without or in
excess of authority; (e) Where the prosecution is under an invalid law, ordinance or regulation;
(f) When double jeopardy is clearly apparent; (g) Where the court has no jurisdiction over the
offense; (h) Where it is a case of persecution rather than prosecution; (i) Where the
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OMBUDSMANS INVESTIGATORY POWERS:
PREJUDICIAL QUESTION:
In Torres v. Garchitorena, G.R. No. 153666, December 27, 2002, 394 SCRA 494, 508-509,
the Supreme Court stated that under the amendment, a prejudicial question is understood in law
as that which must precede the criminal action and which requires a decision before a final
judgment can be rendered in the criminal action with which said question is closely connected.
The civil action must be instituted prior to the institution of the criminal action.
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GROUNDS FOR MOTION TO QUASH:

Section 3 of Rule 17 enumerates the grounds for the quashal of a complaint or information, as
follows: (a) That the facts charged do not constitute an offense; (b) That the court trying the
case has no jurisdiction over the offense charged; (c) That the court trying the case has no
jurisdiction over the person of the accused; (d) That the officer who filed the information had no
authority to do so; (e) That it does not conform substantially to the prescribed form; (f) That
more than one offense is charged except when a single punishment for various offense
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DOCTRINE OF JUDICIAL STABILITY:

No court can interfere by injunction with the judgments or orders of another court of
concurrent jurisdiction having the power to grant the relief sought by the injunction.
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ARRAIGNMENT:
Procedural due process requires that the accused be arraigned so that he may be informed of
the reason for his indictment, the specific charges he is bound to face, and the corresponding
penalty that could be possibly meted against him.
It is at this stage that the accused, for the first time, is given the opportunity to know the
precise charge that confronts him.
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VICARIOUS APPEAL:
A party's appeal from a judgment will not inure to the benefit of a co-party who failed to
appeal; and as against the latter, the judgment will continue to run its course until it
becomes final and executory. To this general rule, however, one exception stands out:
where both parties have a commonality of interests, the appeal of one is deemed to be the
vicarious appeal of the other.
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DISTINCTION BETWEEN FINAL AND

INTERLOCUTORY ORDER:
The first disposes of the subject matter in its entirety or terminates a particular proceeding or
action, leaving nothing more to be done except to enforce by execution what the court has
determined, but the latter does not completely dispose of the case but leaves something else to be
decided upon. An interlocutory order deals with preliminary matters and the trial on the merits is
yet to be held and the judgment rendered.
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ORDER:
ACTIONABLE DOCUMENT:
Where the defense in the Answer is based on an actionable document, a Reply
specifically denying it under oath must be made; otherwise, the genuineness and due
execution of the document will be deemed admitted.
DISCOVERY PROCEDURES:
Trial courts are directed to issue orders requiring parties to avail of DISCOVERY
PROCEDURES. (A.M. No. 03-1-09-Sc, Pars. I.A. 1.2; 2(E)) (Hyatt Industrial Manufacturing
vs. Ley Construction and Development [2006]).
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FORMAL OFFER OF EVIDENCE:

The court shall consider no evidence which has not been formally offered. The purpose
for which the evidence is offered must be specified. (Rule 132, Sec. 34, Rules of Court). The
offer of evidence is necessary because it is the duty of the court to rest its findings of fact
and its judgment only and strictly upon the evidence offered by the parties. Unless and until
admitted by the court in evidence for the purpose or purposes for which such document is
offered, the same is merely a scrap of paper barren of probative weight.
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PARENTAL AND FILIAL PRIVILEGE RULE:

Under Section 25, Rule 130 of the Rules of Evidence No person may be compelled to testify
against his parents, other direct ascendants, children or other direct descendants. The above is
an adaptation from a similar provision in Article 315 of the Civil Code that applies only in
criminal cases. But those who revised the Rules of Civil Procedure chose to extend the
prohibition to all kinds of actions, whether civil, criminal, or administrative, filed against parents
and other direct ascendants or descendants. In Emma Lee vs.
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THE BURDEN OF PROOF MAY BE ON THE PLAINTIFF

OR THE DEFENDANT:
The party who alleges a fact has the burden of proving it. The burden of proof may be on the
plaintiff or the defendant. It is on the defendant if he alleges an affirmative defense which is not
a denial of an essential ingredient in the plaintiffs cause of action, but is one which, if
established, will be a good defense i.e., an avoidance of the claim. Indeed, in the final
analysis, the party upon whom the ultimate burden lies is to be determined by the
pleadings, not by who is the plaintiff or the defendant.
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DEFENDANT:
THERE IS NO NEED TO FILE A MOTION FOR

EXECUTION FOR AN AMPARO OR HABEAS CORPUS
DECISION:
Since the right to life, liberty and security of a person is at stake, the proceedings should not
be delayed and execution of any decision thereon must be expedited as soon as possible since
any form of delay, even for a day, may jeopardize the very rights that these writs seek to
immediately protect. The Rules of Court only find suppletory application in an amparo
proceeding if the Rules strengthen, rather than weaken, the procedural efficacy of the writ. As it
is, the Rule dispenses with dilatory motions in view of the urgency in securing the lif
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AN AMPARO OR HABEAS CORPUS DECISION:
IN THE APPOINTMENT OF ADMINISTRATOR OF THE

ESTATE OF THE DECEASED, THE SURVIVING
SPOUSE IS PREFERRED OVER THE NEXT OF KIN OF
THE DECEDENT.
When the law speaks of "next of kin", the reference is to those who are entitled, under the
statute of distribution, to the decedents property; or one whose relationship is such that he is
entitled to share in the estate as distributed, or, in short, an heir. In resolving, therefore, the issue
of whether an applicant for letters of administration is a next of kin or an heir of the decedent, the
probate court perforce has to determine and pass upon the issue of filiation.
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Read more about IN THE APPOINTMENT OF ADMINISTRATOR OF THE ESTATE

OF THE DECEASED, THE SURVIVING SPOUSE IS PREFERRED OVER THE
NEXT OF KIN OF THE DECEDENT.
RULE 64:
Decisions, orders or rulings of the Commission on Audit may be brought to the Supreme
Court on certiorari under rule 65 by the aggrieved party.
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THE VALIDITY OF THE ISSUANCE OF A SEARCH

WARRANT RESTS UPON THE FOLLOWING FACTORS:
(1)
it must be issued upon probable cause;
(2)
the probable cause must be determined by the judge himself and not by the
applicant or any other person;
(3)
in the determination of probable cause, the judge must examine, under oath or
affirmation, the complainant and such witnesses as the latter may produce; and
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RESTS UPON THE FOLLOWING FACTORS:
RESTRAINING A CRIMINAL PROSECUTION:

It is an established doctrine that injunction will not lie to enjoin a criminal prosecution because
public interest requires that criminal acts be immediately investigated and prosecuted for the
protection of society. However, it is also true that various decisions of this Court have laid down
exceptions to this rule, among which are:
a. To afford adequate protection to the constitutional rights of the accused;
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1. GROUNDS FOR THE GRANTING OF SUPPORT

PENDENTE LITE:
a.
The necessities of the applicant;
b.
The resources or means of the adverse party; and
c.
The terms of payment or mode for providing the support
d.
If denied, the principal case shall be tried and decided as early as possible (Section
4, Rule 61).
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ADDITIONAL VENUE IN THE APPLICATION FOR
SEARCH WARRANT:
In case of search warrants involving heinous crimes, illegal gambling, illegal possession
of firearms and ammunitions as well as violations of the Comprehensive Dangerous Drugs
Act of 2002, the Intellectual Property Code, the Anti- Money Laundering Act of 2001, the
Tariff and Customs Code, the Executive Judges and, whenever they are on official leave of
absence or are not physically present in the station, the Vice-Executive Judges of the RTC of
Manila and Quezon City shall have authority to act on applications filed by the NBI, PNP and
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WARRANT:
DEPOSITION:
There is really nothing objectionable, per se, with A PARTY availing of THE MODES OF
DISCOVERY after OPPOSING PARTY has rested his case and prior to THE FORMERS
PRESENTATION of evidence. TO SET THE RECORDS STRAIGHT, depositions may be
taken at any time after the institution of any action, whenever necessary or convenient.
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RES GESTAE:
Res gestae refers to the circumstances, facts, and declarations that grow out of the main fact
and serve to illustrate its character and are so spontaneous and contemporaneous with the main
fact as to exclude the idea of deliberation and fabrication. The test of admissibility of evidence
as a part of the res gestae is, therefore, whether the act, declaration, or exclamation, is so
interwoven or connected with the principal fact or event that it characterizes as to be regarded as
a part of the transaction itself, and also whether it clearly negates any premedi
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PART OF RES GESTAE:

All that is required for the admissibility of a given statement as part of the res gestae, is that it
be made under the influence of a startling event witnessed by the person who made the
declaration before he had time to think and make up a story, or to concoct or contrive a
falsehood, or to fabricate an account, and without any undue influence in obtaining it, aside from
referring to the event in question or its immediate attending circumstances.
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DISTANCE BETWEEN PLACES:

Judicial notice could be taken of the travel time by car from San Pedro, Laguna to Pasig City,
Metro Manila, because it is capable of unquestionable demonstration, and nowadays is already of
public knowledge, especially to commuters. The Supreme Court therefore found no error in the
trial courts finding that it was not impossible for petitioner to be at the scene of the crime,
despite his alibi that he was engaged in intelligence work in San Pablo Laguna that same
afternoon of October 19, 1990. (Vergara vs. People [2002]).
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ALIBI:
Well settled is the rule that alibi is an inherently weak defense which cannot prevail over the
positive identification of the accused by the victim. Moreover, in order for the defense of alibi to
prosper, it is not enough to prove that the petitioner was somewhere else when the offense was
committed, but it must likewise be demonstrated that he was so far away that it was not possible
for him to have been physically present at the place of the crime or its immediate vicinity at the
time of its commission.
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UNLAWFUL DETAINER:
Unlawful detainer is an action to recover possession of real property from one who illegally
withholds possession after the expiration or termination of his right to hold possession under any
contract, express or implied. The possession by the defendant in unlawful detainer is originally
legal but became illegal due to the expiration or termination of the right to possess. The
proceeding is summary in nature, jurisdiction over which lies with the proper MTC or
metropolitan trial court.
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HABEAS CORPUS AS A POST-CONVICTION REMEDY:

As a post-conviction remedy, it may be allowed when, as a consequence of a judicial
proceeding, any of the following exceptional circumstances is attendant: (1) there has been a
deprivation of a constitutional right resulting in the restraint of a person; (2) the court had no
jurisdiction to impose the sentence; or (3) the imposed penalty has been excessive, thus voiding
the sentence as to such excess.
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PHOTOGRAPHS:
According to American courts, photographs are admissible in evidence in motor vehicle
accident cases when they appear to have been accurately taken and are proved to be a faithful
and clear representation of the subject, which cannot itself be produced, and are of such nature as
to throw light upon a disputed point. Before a photograph may be admitted in evidence, however,
its accuracy or correctness must be proved, and it must be authenticated or verified first.
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ACTION FOR DECLARATORY RELIEF PRESUPPOSES

THAT THERE HAS BEEN NO ACTUAL BREACH OF
THE INSTRUMENTS INVOLVED OR OF RIGHTS

ARISING THEREUNDER:
An action for declaratory relief presupposes that there has been no actual breach of the
instruments involved or of rights arising thereunder. Since the purpose of an action for
declaratory relief is to secure an authoritative statement of the rights and obligations of the
parties under a statute, deed, or contract for their guidance in the enforcement thereof, or
compliance therewith, and not to settle issues arising from an alleged breach thereof, it may be
entertained only before the breach or violation of the statute, deed, or contract to which it refers.
CONFESSIONS TO THE MEDIA:

The accuseds confessions to the media can be properly admitted. The confessions made in
response to questions by news reporters, not by the police or any other investigating officer are
admissible. The Supreme Court has held that statements spontaneously made by a suspect to
news reporters on a televised interview are deemed voluntary and are admissible in evidence.
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ADMINISTRATIVE CORRECTION OF CLERICAL OR

TYPOGRAPHICAL ERRORS:
The obvious effect of Republic Act 9048 is merely to make possible the administrative
correction of clerical or typographical errors or change of first name or nickname in
entries in the civil register, leaving to Rule 108 the correction of substantial changes in the
civil registry in appropriate adversarial proceedings.
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TYPOGRAPHICAL ERRORS:
INDISPENSABLE PARTIES:
WHERE THE EJECTMENT SUIT IS BROUGHT BY A CO-OWNER, WITHOUT
REPUDIATING THE CO-OWNERSHIP, THEN THE SUIT IS PRESUMED TO BE
FILED FOR THE BENEFIT OF THE OTHER CO-OWNERS AND MAY PROCEED
WITHOUT IMPLEADING THE OTHER CO-OWNERS. THE OTHER COOWNERS ARE NOT CONSIDERED AS INDISPENSABLE PARTIES TO THE
RESOLUTION OF THE CASE.
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STIPULATION ON VENUE:
The exclusive venue of Makati City, as stipulated by the parties and sanctioned by
Section 4, Rule 4 of the Rules of Court, cannot be made to apply to the Petition for
Extrajudicial Foreclosure filed by respondent bank because the provisions of Rule 4 pertain
to venue of actions, which an extrajudicial foreclosure is not.
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SUBSTITUTED SERVICE OF SUMMONS:

It is only when the defendant cannot be served personally within a reasonable time that
a substituted service may be made. Impossibility of prompt service should be shown by
stating the efforts made to find the defendant personally and the fact that such efforts
failed. This statement should be made in the proof of service.
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REAL PARTY-IN-INTEREST:
Every action must be prosecuted or defended in the name of the real party-in-interest: A
case is dismissible for lack of personality to sue upon proof that the plaintiff is not the real partyin-interest, hence grounded on failure to state a cause of action.
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VENUE IN CRIMINAL CASES AS MIGRANT WORKERS

AND OVERSEAS FILIPINOS ACT OF 1995:
There is nothing arbitrary or unconstitutional in Congress fixing an alternative venue for
violations of Section 6 of R.A. 8042 or otherwise known as Migrant workers and Overseas
Filipinos Act of 1995 (allowing the filing of criminal actions at the place of residence of the
offended parties) that differs from the venue established by the Rules on Criminal
Procedure.
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OVERSEAS FILIPINOS ACT OF 1995:
PRE-TRIAL IS MANDATORY IN CHARACTER:

The mandatory character of pre-trial is embodied in Administrative Circular No. 3-99 dated
January 15, 1999, and found its way in Section 2, Rule 18 of the Rules of Court, which imposes
a duty upon the plaintiff to promptly move ex parte that the case be set for pre-trial.
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QUALIFYING CIRCUMSTANCES:
THE RULE IS THAT QUALIFYING CIRCUMSTANCES MUST BE PROPERLY
PLEADED IN THE INFORMATION IN ORDER NOT TO VIOLATE THE ACCUSEDS
CONSTITUTIONAL RIGHT TO BE PROPERLY INFORMED OF THE NATURE AND
CAUSE OF THE ACCUSATION AGAINST HIM.
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GRAVE ABUSE OF DISCRETION:

Grave abuse of discretion is defined as capricious or whimsical exercise of judgment as is
equivalent to lack of jurisdiction. The abuse of discretion must be patent and gross as to amount
to an evasion of a positive duty or a virtual refusal to perform a duty enjoined by law, or to act at
all in contemplation of law, as where the power is exercised in an arbitrary and despotic manner
by reason of passion and hostility.
FRESH PERIOD RULE CAN BE GIVEN RETROACTIVE

EFFECT:
To standardize the appeal periods and afford litigants fair opportunity to appeal their cases,
the Supreme Court ruled in Neypes v. Court of Appeals that litigants must be given a fresh
period of 15 days within which to appeal, counted from receipt of the order dismissing a motion
for a new trial or motion for reconsideration under Rules 40, 41, 42, 43 and 45 of the Rules of
Court. In Fil-Estate Properties, Inc. v.
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PROVISIONAL DISMISSAL:
A case is provisionally dismissed if the following requirements concur: (1) the prosecution
with the express conformity of the accused, or the accused, moves for a provisional dismissal
(sin perjuicio) of his case; or both the prosecution and the accused move for its provisional
dismissal; (2) the offended party is notified of the motion for a provisional dismissal of the case;
(3) the court issues an order granting the motion and dismissing the case provisionally; and (4)
the public prosecutor is served with a copy of the order of provisional
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AMENDMENTS AFTER THE FILING OF A

RESPONSIVE PLEADING:
The granting of leave to file amended pleading is a matter particularly addressed to the sound
discretion of the trial court; and that discretion is broad, subject only to the limitations that the
amendments should not substantially change the cause of action or alter the theory of the case, or
that it was not made to delay the action. Nevertheless, as enunciated in Valenzuela v. Court of
Appeals, 416 Phil.
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PLEADING:
A decree of distribution of the estate of a deceased person

vests the title to the land of the estate in the distributees,
which, if erroneous may be corrected by a timely appeal.
Once it becomes final, its binding effect is like any other
judgment in re
Further, in Ramon vs. Ortuzar, 89 Phil. 730 (1951), the Court ruled that a party interested
in a probate proceeding may have a final liquidation set aside when he is left out by reason of
circumstances beyond his control or through mistake or inadvertence not imputable to
negligence.
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to the land of the estate in the distributees, which, if erroneous may be corrected by a
timely appeal. Once it becomes final, its binding effect is like any other judgment in re
RELATIONSHIP IN RAPE CASES:

The information in the case only mentioned appellant as AAAs uncle, without
specifically stating that he is a relative within the third civil degree, either by affinity or
consanguinity.
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SUFFICIENCY OF COMPLAINT OR INFORMATION:

For a complaint or information to be sufficient, it must state the name of the accused; the
designation of the offense given by the statute; the acts or omissions complained of as
constituting the offense; the name of the offended party; the approximate time of the commission
of the offense, and the place wherein the offense was committed.
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A void judgment or order has no legal and binding effect,

force or efficacy for any purpose:
In contemplation of law, it is non-existent. Such judgment or order may be resisted in any

action or proceeding whenever it is involved. It is not even necessary to take any steps to vacate
or avoid a void judgment or final order; it may simply be ignored. Accordingly, a void judgment
is no judgment at all. It cannot be the source of any right nor of any obligation. All acts
performed pursuant to it and all claims emanating from it have no legal effect.
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efficacy for any purpose:
TESTIMONIAL EVIDENCE:
The value of the opinion of a handwriting expert depends not upon his mere statements of
whether a writing is genuine or false, but upon the assistance he may afford in pointing out
distinguishing marks, characteristics and discrepancies in and between genuine and false
specimens of writing which would ordinarily escape notice or detection from an unpracticed
observer.
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CERTIORARI RULE 64 COA AND COMELEC:

Only when the COA has acted without or in excess of jurisdiction, or with grave abuse of
discretion amounting to lack or excess of jurisdiction, may the Court entertain and grant a
petition for certiorari brought to assail its actions.
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ADOPTION STRICTLY BETWEEN ADOPTER AND

ADOPTED:
If adopting parent should die before adopted child, the latter cannot represent the adopter in
the inheritance from the parents and ascendants of the adopter. Adopted child is not related to the
deceased in that case because filiation created by fiction of law is exclusive between adopted and
adopter. By adoption, the adopters can make for themselves an heir but they cannot make one for
their relatives.
CLEAR AND CONVINCING EVIDENCE:

An extradition proceeding being sui generis, the standard of proof required in granting or
denying bail can neither be the proof beyond reasonable doubt in criminal cases nor the standard
of proof of preponderance of evidence in civil cases. While administrative in character, the
standard of substantial evidence used in administrative cases cannot likewise apply given the
object of extradition law which is to prevent the prospective extraditee from fleeing our
jurisdiction.
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72HOUR TRO:
Section 5, Rule 58 of the Rules permits the executive judge to issue a TRO ex parte, effective
for 72 hours, in case of extreme urgency to avoid grave injustice and irreparable injury. Then,
after the lapse of the 72 hours, the Presiding Judge to whom the case was raffled shall then
conduct a summary hearing to determine whether the TRO can be extended for another period.
Under the circumstances, Judge Abul should not be penalized for failing to conduct the required
summary hearing within 72 hours from the issuance of the original TRO.
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JUDICIAL ADMISSION:
A party may make judicial admissions in (a) the pleadings; (b) during the trial, either by
verbal or written manifestations or stipulations; or (c) in other stages of the judicial
proceeding. It is well-settled that judicial admissions cannot be contradicted by the admitter who
is the party himself and binds the person who makes the same, and absent any showing that this
was made thru palpable mistake, no amount of rationalization can offset it.
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TEMPORARY RESTRAINING ORDER:

The purpose of a TRO is to prevent a threatened wrong and to protect the property or rights
involved from further injury, until the issues can be determined after a hearing on the merits.
Under Section 5, Rule 58 of the 1997 Rules of Civil Procedure, a TRO may be issued only if it
appears from the facts shown by affidavits or by a verified application that great or irreparable
injury would be incurred by an applicant before the writ of preliminary injunction could be
heard.
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HABEAS CORPUS IN CUSTODY CASES:

Habeas corpus may be resorted to in cases where rightful custody is withheld from a person
entitled thereto. Under Article 211 of the Family Code, respondent Loran and petitioner Marie
Antonette have joint parental authority over their son and consequently joint custody. Further,
although the couple is separated de facto, the issue of custody has yet to be adjudicated by the
court. In the absence of a judicial grant of custody to one parent, both parents are still entitled to
the custody of their child. (SALIENTES vs. ABANILLA [2006]).
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Suppression of Testimony:
Under Rule 131, Section 3(e) of the Rules of Court, the rule that evidence willfully
suppressed would be adverse if produced does not apply if (a) the evidence is at the disposal of
both parties; (b) the suppression was not willful; (c) it is merely corroborative or cumulative; and
(d) the suppression is an exercise of a privilege.
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THREE (3) INSTANCES WHEN WARRANTLESS

ARREST MAY BE LAWFULLY EFFECTED:
(a) When, in his presence, the person to be arrested has committed, is actually committing,
or is attempting to commit an offense;
(b) When an offense has in fact 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
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BE LAWFULLY EFFECTED:
Venue in Criminal Cases:

Venue is jurisdictional in criminal cases. It can neither be waived nor subjected to
stipulation. The right venue must exist as a matter of law. Thus, for territorial jurisdiction to
attach, the criminal action must be instituted and tried in the proper court of the municipality,
city, or province where the offense was committed or where any of its essential ingredients took
place.
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PROBATE OF A WILL:
The Supreme Court, without unnecessarily ascertaining whether the obligation involvedthe
production of the original holographic willis in the nature of a public or a private duty, ruled
that the remedy of mandamus cannot be availed of by respondent because there lies another
plain, speedy and adequate remedy in the ordinary course of law. Let it be noted that
respondent has a photocopy of the will and that he seeks the production of the original for
purposes of probate.
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Subpoena:
A subpoena is a process directed to a person requiring him to attend and to testify at the
hearing or trial of an action or at any investigation conducted under the laws of the
Philippines, or for the taking of his deposition.
NEGATIVE PREGNANT:
"If an allegation is not specifically denied or the denial is a negative pregnant, the allegation
is deemed admitted." "Where a fact is alleged with some qualifying or modifying language, and
the denial is conjunctive, a negative pregnant exists, and only the qualification or modification
is denied, while the fact itself is admitted." "A denial in the form of a negative pregnant is an
ambiguous pleading, since it cannot be ascertained whether it is the fact or only the qualification
that is intended to be denied." "Profession of ignorance about a fact which is pate
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AMENDMENT OF SECTION 12, RULE 14 OF THE

RULES OF COURT ON SERVICE OF SUMMONS UPON
FOREIGN PRIVATE JURIDICAL ENTITY:
When the defendant is a foreign private juridical entity which has transacted business in
the Philippines, service may be made on its resident agent designated in accordance with law
for that purpose, or, if there be no such agent, on the government official designated by law to
that effect, or on any of its officers or agents within the Philippines. x x x If the foreign private
juridical entity is not registered in the Philippines or has no resident agent, service may, with
leave of court
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COURT ON SERVICE OF SUMMONS UPON FOREIGN PRIVATE JURIDICAL
ENTITY:
CAUSE OF ACTION:
Cause of action is defined as the act or omission by which a party violates a right of another.
It is well-settled that the existence of a cause of action is determined by the allegations in the
complaint. In this relation, a complaint is said to assert a sufficient cause of action if, admitting
what appears solely on its face to be correct, the plaintiff would be entitled to the relief prayed
for.
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FAILURE TO STATE A CAUSE OF ACTION VS. LACK

OF CAUSE OF ACTION:
Failure to state a cause of action refers to the insufficiency of the pleading, and is a ground
for dismissal under Rule 16 of the Rules of Court. On the other hand, lack of cause action refers
to a situation where the evidence does not prove the cause of action alleged in the pleading.
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OF ACTION:
JURISDICTION:
In order for the Court to acquire jurisdiction over an administrative case, the complaint
must be filed during the incumbency of the respondent. Once jurisdiction is acquired, it is
not lost by reason of respondents cessation from office. The Judges compulsory retirement
will divert the OCA of its right to institute a new administrative case against him after his
compulsory retirement.
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GENERAL PRINCIPLES:
SUSPENSION OF THE RULES: It is always within the power of the court to suspend
its own [R]ules or except a particular case from its operation, whenever the purposes of
justice require.
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IN PERSONAM, IN REM AND QUASI IN REM

ACTIONS:
An action in personam is lodged against a person based on personal liability; an action in
rem is directed against the thing itself instead of the person; while an action quasi in rem names
a person as defendant, but its object is to subject that person's interest in a property to a
corresponding lien or obligation.
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DISMISSALS:
The Court has consistently held that the affirmative defense of prescription does not
automatically warrant the dismissal of a complaint under Rule 16 of the Rules of Civil
Procedure. An allegation of prescription can effectively be used in a motion to dismiss only when
the complaint on its face shows that indeed the action has already prescribed. If the issue of
prescription is one involving evidentiary matters requiring a full-blown trial on the merits, it
cannot be determined in a motion to dismiss.
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CERTIORARI IS SUBJECT TO THE PRINCIPLE OF

JUDICIAL HIERARCHY OF COURTS:
GENERALLY, A DIRECT RESORT TO THE SUPREME COURT IN A PETITION
FOR CERTIORARI IS INCORRECT FOR IT VIOLATES THE HIERARCHY OF
COURTS.
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HIERARCHY OF COURTS:
Rules of Summary Procedure:

If the extension for the filing of pleadings cannot be allowed, it is illogical and
incongruous to admit a pleading that is already filed late. to admit a late answer is to put a
premium on dilatory measures, the very mischief that the rules seek to redress.
Doctrines
GUARDIANSHIP:
The distribution of the residue of the estate of the deceased incompetent is a function
pertaining properly, not to the guardianship proceedings, but to another proceeding in
which the heirs are at liberty to initiate.
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APPEALS:
THE ISSUE OF WHETHER OR NOT THE ACCUSED ACTED IN SELF-DEFENSE
IS UNDOUBTEDLY A QUESTION OF FACT, AND IT IS WELL ENTRENCHED IN
JURISPRUDENCE THAT FINDINGS OF FACT OF THE TRIAL COURT COMMAND
GREAT WEIGHT AND RESPECT UNLESS PATENT INCONSISTENCIES ARE IGNORED
OR WHERE THE CONCLUSIONS REACHED ARE CLEARLY UNSUPPORTED BY
EVIDENCE.
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CHANGE OF NAME:
A person can effect a change of name under Rule 103 (CHANGE OF NAME) using valid
and meritorious grounds including (a) when the name is ridiculous, dishonorable or extremely
difficult to write or pronounce; (b) when the change results as a legal consequence such as
legitimation; (c) when the change will avoid confusion; (d) when one has continuously used and
been known since childhood by a Filipino name, and was unaware of alien parentage; (e) a
sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and
without p
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GENERAL PRINCIPLES:
A moot and academic case is one that ceases to present a justiciable controversy by
virtue of supervening events, so that a declaration thereon would be of no practical use or
value.
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CLERICAL ERROR:
No intent or the part of the lawmakers to remove the authority of the trial courts to
make judicial corrections of entries in the civil registry. It can thus be concluded that the local
civil registrar has primary, not exclusive, jurisdiction over such petitions for correction of clerical
errors and change of first name or nickname, with R.A. No. 9048 prescribing the procedure that
the petitioner and local civil registrar should follow. Since R.A. No.
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ARREST IN FLAGRANTE DELICTO:

For this type of warrantless arrest to be valid, two requisites must concur:
"(1) the person to be arrested must execute an overt act indicating that he has just
committed, is actually committing, or is attempting to commit a crime; and,
(2) such overt act is done in the presence or within the view of the arresting officer."
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RECANTATION OF TESTIMONY:
The recantation of private complainants are insufficient to warrant the reversal of accuseds
conviction. Recantations are frowned upon by the courts. A recantation of a testimony is
exceedingly unreliable, for there is always the probability that such recantation may later on be
itself repudiated. Courts look with disfavor upon retractions, because they can easily be obtained
from witnesses through intimidation or for monetary consideration.
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DEAF-MUTE WITNESS:
A deaf-mute is not incompetent as a witness. All persons who can perceive, and perceiving,
can make known their perception to others, may be witnesses. Deaf-mutes are competent
witnesses where they (1) can understand and appreciate the sanctity of an oath; (2) can
comprehend facts they are going to testify on; and (3) can communicate their ideas through a
qualified interpreter. (People vs. Hayag, 101 SCRA 67). Thus, in People vs. De Leon, 50 Phil.
539 and People vs. Sasota, 52 Phil.
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Custodial interrogation:
Custodial interrogation means any questioning initiated by law enforcement authorities after
a person is taken into custody or otherwise deprived of his freedom of action in any significant
manner.
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HEARSAY:
Section 36 of Rule 130 of the Rules of Court provides that witnesses can testify only with
regard to facts of which they have personal knowledge; otherwise, their testimonies would
be inadmissible for being hearsay Since the witnesses merely attested to the voluntariness and
due execution of the respective extrajudicial confessions of the accused, insofar as the substance
of those confessions is concerned, the testimonies of the police witnesses are mere hearsay.
HIERARCHY OF EVIDENTIARY VALUES:

In the hierarchy of evidentiary values, proof beyond reasonable doubt is at the highest level,
followed by clear and convincing evidence, then by preponderance of evidence, and lastly by
substantial evidence, in that order.
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SHARIA DISTRICT COURTS:

All cases involving disposition, distribution and settlement of the estate of deceased
Muslims, probate of wills, issuance of letters of administration or appointment of
administrators or executors regardless of the nature or the aggregate value of the property
shall be under the exclusive original jurisdiction of the Sharia District Courts.
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Wrongful Attachment:
Where there is wrongful attachment, the attachment defendant may recover actual damages
even without proof that the attachment plaintiff acted in bad faith in obtaining the attachment.
However, if it is alleged and established that the attachment was not merely wrongful but also
malicious, the attachment defendant may recover moral damages and exemplary damages as
well.
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GENERAL PRINCIPLES:
The Court adopted a policy of liberally construing its rules in order to promote a just,
speedy and inexpensive disposition of every action and proceeding. The rules can be
suspended on the following grounds: (1) matters of life, liberty, honor or property, (2) the
existence of special or compelling circumstances, (3) the merits of the case, (4) a cause not
entirely attributable to the fault or negligence of the party favored by the suspension of the rules,
(5) a lack of any showing that the review sought is merely frivolous and dilatory, and (6) the
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PARTITION:
Partition is the separation, division and assignment of a thing held in common among those to
whom it may belong.
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EJECTMENT:
An ejectment case is designed to restore, through summary proceedings, the physical
possession of any land or building to one who has been illegally deprived of such possession,
without prejudice to the settlement of the parties opposing claims of juridical possession in
appropriate proceedings. Any ruling on the question of ownership is only provisional and made
for the sole purpose of determining who is entitled to possession de facto.
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JURISDICTION OVER PROVISIONAL REMEDIES:

The Court which grants or issues a provisional remedy is the court which has jurisdiction over
the main action. This includes an inferior court which may grant a provisional remedy in an
action pending within its jurisdiction. The provisional remedy is applied for and granted by the
court which has jurisdiction over the principal action.
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DYING DECLARATION:
As an exception to the rule against hearsay evidence, a dying declaration or ante mortem
statement is evidence of the highest order and is entitled to utmost credence since no person
aware of his impending death would make a careless and false accusation.
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DOCTRINE OF EQUITABLE ESTOPPEL OR ESTOPPEL

BY LACHES:
In Tijam v. Sibonghanoy (131 Phil. 556 (1968), the party-litigant actively participated in the
proceedings before the lower court and filed pleadings therein. Only 15 years thereafter, and after
receiving an adverse Decision on the merits from the appellate court, did the party-litigant
question the lower courts jurisdiction. Considering the unique facts in that case, the Supreme
Court held that estoppel by laches had already precluded the party-litigant from raising the
question of lack of jurisdiction on appeal.
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LACHES:
DENIALS:
Denial is a self-serving negative evidence, which cannot be given greater weight than that of
the declaration of a credible witness who testifies on affirmative matters. Like alibi, denial is an
inherently weak defense, which cannot prevail over the positive and credible testimonies of the
prosecution witnesses. Denial cannot prevail over the positive testimonies of prosecution
witnesses who, as in this case, were not shown to have any ill motive to testify against petitioner.
SWEETHEART DEFENSE:
The sweetheart defense is a much-abused defense that rashly derides the intelligence of the
Court. Being an affirmative defense, the invocation of a love affair must be supported by
convincing proof. In this case, apart from his self-serving assertions, Cabanilla offered no
sufficient and convincing evidence to substantiate his claim that they were lovers.
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INTERPLEADER:
Interpleader is a remedy whereby a person, who has property in his possession or an
obligation to perform, either wholly or partially, but who claims no interest in the subject, or
whose interest, in whole or in part, is not disputed by others, goes to court and asks that
conflicting claimants to the property or obligation be reduced to litigate themselves in order to
determine finally whos entitled to the same.
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PROBATE PROCEEDING:
The authority of the probate court is limited to ascertaining whether the testator, being
of sound mind, freely executed the will in accordance with the formalities prescribed by
law. Thus, petitioners claim of title to the properties forming part of her husbands estate should
be settled in an ordinary action before the regular courts.
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VALID WARRANTLESS SEARCHES:

The following are the well-recognized instances where searches and seizures are allowed
even without a valid warrant: (1) Warrantless search incidental to a lawful arrest: (2)
[Seizure] of evidence in "plain view." The elements are: a) a prior valid intrusion based on the
valid warrantless arrest in which the police are legally present in the pursuit of their official
duties; b) the evidence was inadvertently discovered by the police who have the right to be where
they are; c) the eviden
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GUARDIANSHIP:
A guardianship is a trust relation of the most sacred character, in which one person, called a
"guardian" acts for another called the "ward" whom the law regards as incapable of managing
his own affairs. A guardianship is designed to further the wards well-being, not that of the
guardian. It is intended to preserve the wards property, as well as to render any assistance that
the ward may personally require.
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PERSONAL ACTION AND REAL ACTIONS:

In a personal action, the plaintiff seeks the recovery of personal property, the enforcement of
a contract, or the recovery of damages. Real actions, on the other hand, are those affecting title
to or possession of real property, or interest therein (MARCOS-ARANETA vs. CA [2008]).
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Read more about PERSONAL ACTION AND REAL ACTIONS:
PRINCIPLE OF JUDICIAL HIERARCHY:

Under the principle of hierarchy of courts, direct recourse to this Court is improper because
the Supreme Court is a court of last resort and must remain to be so in order for it to
satisfactorily perform its constitutional functions, thereby allowing it to devote its time and
attention to matters within its exclusive jurisdiction and preventing the overcrowding of its
docket. Nonetheless, the invocation of this Courts original jurisdiction to issue writs of
certiorari has been allowed in certain instances on the ground of special and important reasons
clearly stat
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ADMISSIBILITY OF TAPE RECORDING:

Before a tape recording is admissible in evidence and given probative value, the following
requisites must first be established, to wit: (1) a showing that the recording device was capable of
taking testimony; (2) a showing that the operator of the device was competent; (3) establishment
of the
authenticity and correctness of the recording; (4) a showing that changes, additions, or
deletions have not been made; (5) a showing of the manner of the preservation of the recording;
(6) identification of the speakers; an (7) a showing that the testimony elicited wa
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ONE-DAY EXAMINATION OF WITNESS RULE:

One-Day Examination of Witness Rule: Par. 5(i) of Supreme Court A.M. No. 03-1-09-SC
requires that a witness has to be fully examined in one (1) day only. This rule shall be strictly
adhered to subject to the courts discretion during trial on whether or not to extend the direct
and/or cross-examination for justifiable reasons. On the last hearing day allotted for each party,
he is required to make his formal offer of evidence after the presentation of his last witness and
the opposing party is required to immediately interpose his objection thereto.
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JUSTICE PERALTA:
THE PROPRIETYOF GRANTING LETTERS TESTAMENTARY TO RESPONDENTS,
DO NOT FALL WITHIN ANY GROUND WHICH CAN BE THE SUBJECT OF A
DIRECT APPEAL TO THE SUPREME COURT UNDER RULE 45 OF THE RULES OF
COURT. (REPUBLIC VS. MARCOS II [2009], PERALTA, J.)
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JUSTICE PERALTA:
DELAY IN REPORTING RAPE CASES: Delay in reporting an incident of rape due to
death threats does not affect the credibility of the complainant, nor can it be taken against her.
The charge of rape is rendered doubtful only if the delay was unreasonable and
unexplained. BBB explained that she did not immediately report the abduction, rape and
detention of her daughter to the authorities, because Egap threatened to kill AAA, who was then
in his custody.
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JUSTICE PERALTA:
CIRCUMSTANTIAL EVIDENCE: Circumstantial evidence suffices to convict an accused
only if the circumstances proved constitute an unbroken chain which leads to one fair and
reasonable conclusion that points to the accused, to the exclusion of all others as the guilty
person; the circumstances proved must be consistent with each other, consistent with the
hypothesis that the accused is guilty, and at the same time inconsistent with any other hypothesis
except that of guilty (PEOPLE VS. RAMOS [2010], PERALTA, J).
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JUSTICE PERALTA:
FACTUAL FINDINGS OF THE TRIAL COURT: The Supreme Court has long adhered to
the rule that findings of the trial court on the credibility of witnesses and their testimonies are
accorded great respect unless it overlooked substantial facts and circumstances, which if
considered, would materially affect the result of the case. This deference to the trial courts
appreciation of the facts and of the credibility of witnesses is consistent with the principle that
when the testimony of a witness meets the test of credibility, that alone is sufficient to con
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JUSTICE PERALTA:
EQUIPOISE RULE: Where the evidence on an issue of fact is in equipoise, or there is
doubt on which side the evidence preponderates, the party having the burden of proof loses. The
equipoise rule finds application if the inculpatory facts and circumstances are capable of two or
more explanations, one of which is consistent with the innocence of the accused and the other
consistent with his guilt, for then the evidence does not suffice to produce a conviction.
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JUSTICE PERALTA:
SUBSTANTIAL EVIDENCE: In administrative cases, the quantum of evidence necessary to
find an individual administratively liable is substantial evidence. Section 5, Rule 133 of the
Rules of Court is explicit, to wit: Sec. 5. Substantial evidence. In cases filed before
administrative or quasi-judicial bodies, a fact may be deemed established if it is supported by
substantial evidence, or that amount of relevant evidence which a reasonable mind might accept
as adequate to justify a conclusion.
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JUSTICE PERALTA:
PREPONDERANCE OF EVIDENCE: It is a basic rule in evidence that each party to a
case must prove his own affirmative allegations by the degree of evidence required by law. In
civil cases, the party having the burden of proof must establish his case by preponderance of
evidence, or that evidence that is of greater weight or is more convincing than that which is in
opposition to it.
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JUSTICE PERALTA:
The fact that the notice of hearing was published in a newspaper of general circulation and
notice thereof was served upon the State will not change the nature of the proceedings taken. A
reading of Sections 4 and 5, Rule 108 of the Rules of Court shows that the Rules mandate two
sets of notices to different potential oppositors: one given to the persons named in the petition
and another given to other persons who are not named in the petition but nonetheless may be
considered interested or affected parties.
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JUSTICE PERALTA:
Preliminary mandatory injunction should only be granted "incases of extreme urgency; where
the right is very clear; where considerations of relative inconvenience bear strongly in
complainant's favor; where there is a willful and unlawful invasion of plaintiff's right against his
protest and remonstrance, the injury being a continuing one; and where the effect of the
mandatory injunction is rather to re-establish and maintain a pre-existing continuing relation
between the parties, recently and arbitrarily interrupted by the defendant, than to establish a new
relation."
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JUSTICE PERALTA:
Amendments: Under Section 8, Rule 10 of the Rules of Court, an amended complaint
supersedes an original one. As a consequence, the original complaint is deemed withdrawn and
no longer considered part of the record. (Figuracion vs. Libi, G.R. No. 155688, November 28,
2007) In the present case, the Amended Complaint is, thus, treated as an entirely new complaint.
As such, respondents had every right to move for the dismissal of the said Amended Complaint.
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JUSTICE PERALTA:
LACHES SHOULD BE CLEARLY PRESENT FOR THE SIBONGHANOY
DOCTRINE TO APPLY BECAUSE THE DOCTRINE ENUNCIATED IN TIJAM VS.
SIBONGHANOY IS MERELY AN EXCEPTION RATHER THAN THE RULE. (Vda. De
Herrera vs. Bernardo [2011] PERALTA, J.).
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JUSTICE PERALTA:
A MOTION FOR RECONSIDERATION IS A CONDITION SINE QUA NON FOR

THE FIULING OF A PETITION FOR CERTIORARI: Concededly, the settled rule is that a
motion for reconsideration is a condition sine qua non for the filing of a petition for certiorari.
Its purpose is to grant an opportunity for the court to correct any actual or perceived error
attributed to it by the re-examination of the legal and factual circumstances of the case.
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JUSTICE PERALTA:
TRUST: A trust is the legal relationship between one person having an equitable
ownership of property and another person owning the legal title to such property, the
equitable ownership of the former entitling him to the performance of certain duties and
the exercise of certain powers by the latter. Trusts are either express or implied. Express or
direct trusts are created by the direct and positive acts of the parties, by some writing or deed, or
will, or by oral declaration in words evincing an intention to create a trust.
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JUSTICE PERALTA:
Execution of the certification against forum shopping by the attorney-in-fact is not a
violation of the requirement that the parties must personally sign the same:
(MONASTERIO-PE VS. TONG, PERALTA, J.).
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JUSTICE PERALTA:
PRELIMINARY INJUNCTION: The writ of injunction should never issue when an action
for damages would adequately compensate the injuries caused. The very foundation of the
jurisdiction to issue the writ rests in the probability of irreparable injury, the inadequacy of
pecuniary compensation, and the prevention of the multiplicity of suits, and where facts are not
shown to bring the case within these conditions, the relief of injunction should be refused.
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JUSTICE PERALTA:
THE RTC CLEARLY EXCEEDED ITS JURISDICTION WHEN IT ENTERTAINED
THE JOINT MOTION FOR RECONSIDERATION WITH RESPECT TO THE
RESPONDENTS WHO WERE AT LARGE.
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JUSTICE PERALTA:
Failure to state a cause of action refers to the insufficiency of the pleading, and is a ground
for dismissal under Rule 16 of the Rules of Court. (Dabuco vs. Court of Appeals, G.R. No.
133775, January 20, 2000)
A complaint states a cause of action if it avers the existence of the three essential elements of
a cause of action, namely:
(a) The legal right of the plaintiff;
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JUSTICE PERALTA:
The procedure for the determination of just compensation cases under R.A. No. 6657, as
summarized in Land Bank of the Philippines vs. Banal, is that initially, the Land Bank is
charged with the responsibility of determining the value of lands placed under land reform and
the compensation to be paid for their taking under the voluntary offer to sell or compulsory
acquisition arrangement.
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JUSTICE PERALTA:
Quo Warranto: A quo warranto proceeding is the proper legal remedy to determine the right
or title to the contested public office and to oust the holder from its enjoyment. It is brought
against the person who is alleged to have usurped, intruded into, or unlawfully held or exercised
the public office. It may be brought by the Republic of the Philippines or by the person claiming
to be entitled to such office.
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JUSTICE PERALTA:
Petition [under Rule 65] shall not interrupt the course of the principal case: In People v.
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JUSTICE PERALTA:
The People may assail a judgment of acquittal only via petition for certiorari under
Rule 65 of the Rules.
If the petition, regardless of its nomenclature, merely calls for an ordinary review of the
findings of the court a quo, the constitutional right of the accused against double jeopardy
would be violated. (VILLAREAL VS. ALIGA, 2014, PERALTA, J.)
JUSTICE PERALTA:
When a complaint is dismissed without prejudice at the instance of the plaintiff,
pursuant to Section 1, Rule 17 of the 1997 Rules of Civil Procedure, there is no need to state
in the certificate of non-forum shopping in a subsequent re-filed complaint the fact of the
prior filing and dismissal of the former complaint. (BENEDICTO vs. LACSON [2010],
PERALTA, J.).
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JUSTICE PERALTA:
In criminal cases, the grant of demurrer is tantamount to an acquittal and the dismissal
order may not be appealed because this would place the accused in double jeopardy.
Although the dismissal order is not subject to appeal, it is still reviewable but only through
certiorari under Rule 65 of the Rules of Court. (PEOPLE vs. ATIENZA, 2012, PERALTA, J.).
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JUSTICE PERALTA:
Forum-shopping can be committed in three ways: (1) by filing multiple cases based on the
same cause of action and with the same prayer, the previous case not having been resolved yet
(where the ground for dismissal is litis pendentia); (2) by filing multiple cases based on the same
cause of action and with the same prayer, the previous case having been finally resolved (where
the ground for dismissal is res judicata); and (3) by filing multiple cases based on the same cause
of action but with different prayers (splitting of causes of action, where th
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JUSTICE PERALTA:
JURISDICTION OVER THE SUBJECT MATTER: It is a settled rule that jurisdiction
over the subject matter is determined by the allegations in the complaint. It is not affected
by the pleas or the theories set up by the defendant in an answer or a motion to dismiss.
Otherwise, jurisdiction would become dependent almost entirely upon the whims of the
defendant. (MEDICAL PLAZA MAKATI CONDOMINIUM VS. CULLEN [2013],
PERALTA, J.)
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JUSTICE PERALTA:
PRELIMINARY INJUNCTION: For a writ of preliminary injunction to issue, the
following essential requisites must concur, to wit: (1) that the invasion of the right is material and
substantial; (2) that the right of complainant is clear and unmistakable; and, (3) that there is an
urgent and paramount necessity for the writ to prevent serious damage.
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JUSTICE PERALTA:
The Supreme Court now has the sole authority to promulgate rules concerning pleading,
practice and procedure in all courts. (GSIS vs. HEIRS OF CABALLERO [2010], PERALTA,
J.).
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JUSTICE PERALTA:
In determining whether petitioner was deprived of this right, the factors to consider and
balance are the following: (a) duration of the delay; (b) reason therefor; (c) assertion of the
right or failure to assert it; and (d) prejudice caused by such delay. (Mari vs. Gonzales, 2011
Peralta, J.)
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JUSTICE PERALTA:
MOTION TO DISCHARGE A WRIT OF ATTACHMENT: UNENFORCEABILITY OF
THE CONTRACT AND THE VERACITY OF PRIVATE RESPONDENTS
ALLEGATION OF FRAUD, PERTAIN TO THE MERITS OF THE MAIN ACTION.
HENCE, THESE ISSUES ARE NOT TO BE TAKEN UP IN RESOLVING THE MOTION
TO DISCHARGE, LEST WE RUN THE RISK OF DECIDING OR PREJUDGING THE
MAIN CASE AND FORCE A TRIAL ON THE MERITS AT THIS STAGE OF THE
PROCEEDINGS (THE MUNICIPALITY OF HAGONOY, BULACAN VS. HON. DUMDUM,
JR., [2010], PERALTA, J).
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JUSTICE PERALTA:
Instances when presence of accused is required by law: Section 14(2), Article III of the
Constitution, authorizing trials in absentia, allows the accused to be absent at the trial but not at
certain stages of the proceedings, to wit: (a) at arraignment and plea, whether of innocence or of
guilt; (b) during trial, whenever necessary for identification purposes; and (c) at the promulgation
of sentence, unless it is for a light offense, in which case, the accused may appear by counsel or
representative.
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JUSTICE PERALTA:
Well-established is the rule that when a motion to quash in a criminal case is denied, the
remedy is not a petition for certiorari, but for petitioners to go to trial, without prejudice to
reiterating the special defenses invoked in their motion to quash
JUSTICE PERALTA:
THE COURT OF APPEALS HAS JURISIDCTION OVER ORDERS, DIRECTIVES
AND DECISIONS OF THE OFFICE OF THE OMBUDSMAN IN ADMINISTRATIVE
DISCIPLINARY CASES ONLY. (OMBUDSMAN VS. VENTURA, 2009, PERALTA, J.)
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JUSTICE PERALTA:
QUAHAL OF THE SEARCH WARRANT: In view of the withdrawal of the Information

for Robbery, the quashal of the subject search warrants and the determination of the issue
of whether or not there was probable cause warranting the issuance by the RTC of the said
search warrants for respondents alleged acts of robbery has been rendered moot and
academic. (TAN vs. SY TIONG GUE, 2010, PERALTA, J.).
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JUSTICE PERALTA:
JPLAIN VIEW: Objects falling in plain view of an officer who has a right to be in a position
to have that view are subject to seizure even without a search warrant and may be introduced in
evidence. The plain view doctrine applies when the following requisites concur:

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WELL-SETTLED IS THE RULE THAT FACTUAL

PERSONAL NOTICE TO THE MORTGAGOR IS NOT

THE WRIT OF AMPARO IS NOT A WRIT TO PROTECT

NEW STANDARD OF RELAXED ADMISSIBILITY OF

A NATURAL MOTHER HAS THE CORRESPONDING

A PETITION FOR DECLARATORY RELIEF MAY ALSO

Read more about Provisional Remedies:

WHEN A PRIVATE PROSECUTOR MAY PROSECUTE A

Read more about WHEN A PRIVATE PROSECUTOR MAY PROSECUTE A CASE

HYPOTHETICAL ADMISSION RULE:

Read more about HYPOTHETICAL ADMISSION RULE:

VENUE IN JUDICIAL SETTLEMENT OF ESTATE:

Read more about VENUE IN JUDICIAL SETTLEMENT OF ESTATE:

DEAD MANS STATUTE:

Read more about DEAD MANS STATUTE:

AN ADMISSION, VERBAL OR WRITTEN, MADE BY A

Read more about AN ADMISSION, VERBAL OR WRITTEN, MADE BY A PARTY IN

MULTIPLE APPEALS ARE ALLOWED IN SPECIAL

Read more about MULTIPLE APPEALS ARE ALLOWED IN SPECIAL

Read more about RECRUITMENT CASES:

Read more about PRELIMINARY INJUNCTION:

AUTHENTICITY OF PRIVATE DOCUMENT:

Read more about AUTHENTICITY OF PRIVATE DOCUMENT:

NEWSPAPER OF GENERAL CIRCULATION:

Read more about NEWSPAPER OF GENERAL CIRCULATION:

INSTANCES WHERE THE COURTS MAY INTERFERE

Read more about PREJUDICIAL QUESTION:

GROUNDS FOR MOTION TO QUASH:

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DOCTRINE OF JUDICIAL STABILITY:

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Read more about ARRAIGNMENT:

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DISTINCTION BETWEEN FINAL AND

Read more about DISTINCTION BETWEEN FINAL AND INTERLOCUTORY

Read more about DISCOVERY PROCEDURES:

FORMAL OFFER OF EVIDENCE:

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PARENTAL AND FILIAL PRIVILEGE RULE:

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THE BURDEN OF PROOF MAY BE ON THE PLAINTIFF

THERE IS NO NEED TO FILE A MOTION FOR

IN THE APPOINTMENT OF ADMINISTRATOR OF THE

Read more about IN THE APPOINTMENT OF ADMINISTRATOR OF THE ESTATE

Read more about RULE 64:

THE VALIDITY OF THE ISSUANCE OF A SEARCH

it must be issued upon probable cause;

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RESTRAINING A CRIMINAL PROSECUTION:

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1. GROUNDS FOR THE GRANTING OF SUPPORT

The necessities of the applicant;

The resources or means of the adverse party; and

The terms of payment or mode for providing the support

Read more about ADDITIONAL VENUE IN THE APPLICATION FOR SEARCH

Read more about DEPOSITION:

Read more about RES GESTAE:

PART OF RES GESTAE:

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DISTANCE BETWEEN PLACES:

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Read more about ALIBI:

Read more about UNLAWFUL DETAINER: