Trigger Words for

REMEDIAL LAW

Compilation of previous BAR answers from

BAR Questions and Answers by U.P. Law
Complex and other review materials

Compiled and Arranged by:

Jofrey Q. Botor, Jr.

 Trigger Words for Remedial Law

ACKNOWLEDGMENT

I created this “Trigger Words for Remedial Law” to aid BAR

reviewees, and BAR examinees to survive the rigorous pre-bar
review including pre-week review which in a way could be of help
in answering the actual BAR examinations.

The concept is not to place everything in here, rather to

place legal terms, topics, and scenarios that are previously used
in the BAR examinations and provide enough “trigger words” to
convince the examiners that you have what it takes to pass the
BAR examinations and be a member of the legal profession.

The legal terms, topics, and scenarios are arranged

alphabetically for easy search and understanding.

This is not intended to replace codals, annotated law books,

and other review materials but as a mere guide when everything
seems mixed up and you need a safe way out.

Everything contained herein is a compilation of previous BAR

answers from BAR Questions and Answers by U.P. Law Complex,
and other review materials by Bedan Red Book, “Jay-Arh”, and
Atty. Mike Rito emphasizing relevant legal terms, topics, and
scenarios that leads to a “trigger words” that we can all use.
Users must have already been knowledgeable about with laws
and jurisprudence before using this material as this will only
support and enhance of what you already know.

I am not a lawyer, but having read the questions and

answers to BAR examinations for Remedial Law several times, I
decided to make compilation and highlight those I think what was
important that we can all use for the purpose of BAR
examinations.

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 Trigger Words for Remedial Law

My work is not error-free. I am also BAR reviewee myself

and hopefully one day to be a member of the legal profession. I
am limited by my own time as I have only myself in making this
material.

As mentioned above, this is alphabetically and not arranged

by topics. The format is dictionary type, and provides appropriate
response whenever the legal terms, topics or scenarios are
raised.

For all those who inspired and helped me to finish this work,
I am grateful.

- The AUTHOR -

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 Trigger Words for Remedial Law
Accion Interdictal
A summary action to recover physical
possession of the real property.
All cases of forcible entry and unlawful
detainer, irrespective of the amount of
damages or unpaid rentals sought to be
recovered should be brought to the
Municipal Trial Court (MTC). However, if
not brought within one (1) year from the
time the cause of action accrues, RTC has
jurisdiction.
Accion Publiciana
A plenary action to recover the right of
physical possession of the real property.
R.A. No. 7691, however, vested
jurisdiction over specified accion
publiciana with courts of the first level
(Metropolitan Trial Courts, Municipal Trial
Courts in Cities, Municipal Trial Court, and
Municipal Circuit Trial Courts) in cases
where the assessed value of the real
property involved does not exceed
P20,000.00 outside Metro Manila, or in
Metro Manila, where such value does not
exceed P50,000.00.
The Regional Trial Court (RTC) has
jurisdiction if the value of the property
exceeds P20,000 outside MM or exceeds
P50,000 within MM. MTC has jurisdiction
if the value of the value of the property
does not exceed the above amounts.
Accion Reinvindicatoria
An action to recover the right of
physical possession of real property based
on ownership.
The RTC has jurisdiction if the value of
the property exceeds P20,000 outside
MM or exceeds P50,000 within MM. MTC
has jurisdiction if the value of the property
does not exceed the above amounts.
Acquittal
A judgment of acquittal is immediately
executory and no appeal can be made
therefrom. Otherwise the Constitutional
protection against double jeopardy would
be violated.
Action that Survive
When the action is for recovery of
money arising from contract, and the
defendant dies before entry of final
judgment in the court in which the action
was pending at the time of such death, it
shall not be dismissed but shall be instead
be allowed to continue until entry of final
judgment.
When the action is for recovery of
money arising from contract, express or
implied, and the defendant dies before
entry of final judgment in the court in
which the action is pending at the time of
such death, it shall not be dismissed but
shall instead be allowed to continue until
entry of final judgment.
An action to recover real property in
any event survives the death of the
defendant.
Actionable Document
The oath is not required of the
defendant, because the issue raised by
the latter does not impugn the
genuineness and due execution of the
document.
Defendant’s failure to deny under oath
the promissory note in his answer
amounted to an implied admission of its
genuineness and due execution, his
allegation in his answer that he was
coerced into signing the promissory note
tendered an issue which should be tried.
The genuineness and due execution of
the deed of sale can only be denied by the
defendant under oath and failure to do so
is also an admission of the deed.
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The defendant is not required to deny
under oath the genuineness and due
execution of the promissory note, because
of the non-compliance by the plaintiff with
the order for production and inspection of
the original thereof.
The promissory note is an actionable
document and the original or a copy
thereof should have been attached to the
complaint. In such a case, the
genuineness and due execution of the
note, if not denied under oath, would be
deemed admitted.
Actions
Action vs. Cause of Action
An ACTION is one by which a party
sues another for the enforcement or
protection of a right, or the prevention or
redress of a wrong.
A CAUSE OF ACTION is the act or
omission by which a party violates a right
of another.
An action must be based on a cause of
action.
The complaint cannot be amended if
the defect was based on lack of cause of
action.
In Personam
In an action strictly in personam,
personal service on the defendant is the
preferred mode of service, that is, by
handing a copy of the summons to the
defendant in person.
Jurisdiction over the person of the
defendant is necessary for the court to
validly try and decide the case.
Directed against particular persons.
The defendant is sought to be held liable.
Jurisdiction over the person of the
defendant is required.
An action to impose a responsibility or
liability upon a person directly.
Judgment is biding only upon parties
impleaded or their successors in interest.
Action for specific performance; action
for breach of contract.
In Rem
Directed against the thing itself.
Jurisdiction over the person of the
defendant is not required.
A proceeding to determine the state or
condition of a thing.
Judgment is binding on the whole
world.
Probate proceeding; cadastral
proceeding.
Quasi in Rem
The court can render judgments as
long as it has jurisdiction over the res and
any of the modes of extra-territorial
service of summons with prior leave of
court.
Directed against particular persons.
Jurisdiction over the person of the
defendant is not required as long as
jurisdiction over the res is acquired.
A proceeding to subject the interest of
a named defendant over a particular
property to an obligation or lien burdening
it.
Judgment biding upon particular
persons.
Action for partition; action to foreclose
real estate mortgage.
Personal Action
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Are those not affecting title to or
possession of real property, or any
interest therein.
Real Action
An action for nullification of the
mortgage documents and foreclosure of
the mortgage property is a real action that
affects the title to the property, thus,
venue of the real action is before the court
having jurisdiction over the territory in
which the property lies. (Chua vs. Total
Office Products and Services, 30
September 2005)
Actions affecting title to or possession
of real property or an interest therein.
Administrator
Disqualification:
1. A minor
2. Not a resident of the Philippines
3. Is in the opinion of the court unfit to
execute the duties of the trust by
reason of drunkenness, improvidence,
or want of understanding or integrity,
or by reason f conviction of an offense
involving moral turpitude
4. Incompetent
5. Refuses the trust
6. Fails to give a bond
Admissions and Confessions
Statements spontaneously made by a
suspect to news reporters on a televised
interview are deemed voluntary and are
admissible in evidence. (People vs.
Hipona, 18 February 2010)
In rape cases, the accused’s offer to
marry the offended party is admissible in
evidence as an Implied admission of guilt
because rape cases are not allowed to be
compromised. (People vs. Domingo, 226
SCRA 156)
The offer by the defendant to pay the
hospitalization expenses of the
complainant is not admissible in evidence
to prove his guilt in both the civil and
criminal cases.
The obligation of the insurance
company is based on the contract of
insurance and is not admissible in
evidence against the accused because it
was not offered by the accused but by the
insurance company which is not his agent.
An illegally obtained extrajudicial
confession nullifies the intrinsic validity of
the confession and renders it unreliable as
evidence of the truth. (Moran, vol. 5, p.
257) It is the fruit of a poisonous tree.
Admission by Adverse Party
Procedure:
1. At any time after issues have been
joined, a party may file and serve
upon any other party a written request
for the admission by the latter of the
genuineness of any material and
relevant document described in and
exhibited with the request or of the
truth of any material and relevant
matter of fact set forth in the request.
Copies of the documents shall be
delivered with the request unless
copies have already been furnished.
2. Each of the matters of which an
admission is requested shall be
deemed admitted unless, within a
period designated in the request,
which shall not be less than fifteen
(15) days after service thereof, or
within such further time as the court
may allow on motion, the party to
whom the request is directed files and
serves upon the party requesting the
admission a sworn statement either
denying specifically the matters of
which an admission is requested or
setting forth in detail the reasons why
he cannot truthfully either admit or
deny those matters.
3. Objections to any request for
admission shall be submitted to the
court by the party requested within the
period for and prior to the filing of his
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sworn statement as contemplated in
the preceding paragraph and his
compliance therewith shall be deferred
until such objections are resolved,
which resolution shall be made as
early as practicable.
4. Any admission made by a party
pursuant to such request is for the
purpose of the pending action only and
shall not constitute an admission by
him for any other purpose nor may the
same be used against him in any other
proceeding.
5. Unless otherwise allowed by the court
for good cause shown and to prevent a
failure of justice, a party who fails to
file and serve a request for admission
on the adverse party of material and
relevant facts at issue which are, or
ought to be, within the personal
knowledge of the latter, shall not be
permitted to present evidence on such
facts.
Adoption and Custody of Minors
The venue of a petition for the
adoption of a minor residing in the
province is the RTC of the place in which
the petitioner resides.
Affidavit of Desistance
On the probative value of an affidavit
of recantation, courts look with disfavor
upon recantations because they can easily
be secured from witnesses, usually
through intimidation or for a monetary
consideration, Recanted testimony is
exceedingly unreliable. There is always
the probability that it will be repudiated.
(Molina vs. People. 259 SCRA 138)
Amendment of the Complaint
Even though an amendment of the
complaint before answer is a matter of
right, lack of a cause of action at the
commencement of a suit is not cured by
the accrual of a cause of action
subsequent thereto, such that an
amendment setting up the after-accrued
cause of action is not allowed. (Swagman
Hotels and Travel, Inc. vs. Court of
Appeals, 455 SCRA 175)
A complaint whose cause of action has
not accrued yet when filed, does not gain
any standing in court such that no
amendment, whether by amendment or
supplemental pleading, can cure the
deficiency. (Swagman Hotels and Travel,
Inc. vs. Court of Appeals, 455 SCRA 175)
A plaintiff is entitled as a matter of
right to amend the complaint before a
responsive pleading is served, without
leave of court, even if there is pending
motion to dismiss. (Remington Industrial
Sales Corporation vs. Court of Appeals,
382 SCRA 499)
While a complaint cannot be amended
to confer jurisdiction on a court where
there was none (Calabig vs. Villanueva,
135 SCRA 300), the rule applies where a
responsive pleading has already been filed
because in such case, amendment should
be by leave of court. If the court is
without jurisdiction, it has no jurisdiction
to grant leave of court.
A motion to dismiss is not a responsive
pleading, therefore, amendment is a
matter of right.
The corresponding pleading may still
be amended to conform to the evidence,
because the written demand to vacate,
made prior to the commencement of the
ejectment suit, was presented by the
plaintiff in evidence without objection on
the part of the defendant.
The present rules allow amendments
substantially altering the nature of the
cause of action. (Heirs of Marcelino
Pagobo v. Court of Appeals, 280 SCRA
870)
This should only be true, however,
when the substantial change or alteration
in the cause of action or defense shall
serve the higher interests of substantial
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justice and prevent delay and equally
promote the laudable objective of the
rules which is to secure a just, speedy and
inexpensive disposition of every action
and proceeding. (Valenzuela v. Court of
Appeals, 363 SCRA 779)
Amendments impleading new
defendants retroact to the date of the
filing of the complaint because they do not
constitute a new cause of action. (Verzosa
vs. Court of Appeals, 299 SCRA 100)
Amendment of the Information
The conviction of the accused shall not
be a bar to another prosecution for an
offense which necessarily includes the
offense charged in the former complaint
or information when:
1. The graver offense developed due to
supervening facts arising from the
same act or omission constituting the
former charge; or
2. The facts constituting the graver
charge became known or were
discovered only after a plea was
entered in the former complaint or
information.
In order that the amended information
which downgrades the nature of the
offense could be validly made, the
prosecution should file a motion to ask for
leave of court with notice to the offended
party.
Annulment of Judgment
It is resorted to in cases where the
ordinary remedies of new trial, appeal,
petition for relief from judgment, or other
appropriate remedies are no longer
available through no fault of the appellant
and is based on the grounds extrinsic
fraud, and lack of jurisdiction.
An action for annulment may also be
filed on the ground of extrinsic fraud
within four (4) years from its discovery,
and if based on lack of jurisdiction, before
it is barred by laches or estoppel.
Anti-Graft and Corrupt Practices Act
(R.A. No. 3019)
The requirement before a private
person may be indicted is that such
private person must be alleged to have
acted in conspiracy with a public officer.
An incumbent public officer against
whom any criminal prosecution under
valid information for graft-related crime
such as malversation is pending in court,
shall be suspended from office.
Since pre-suspension hearing is
basically a due process requirement, when
an accused public official is given an
adequate opportunity to be heard on his
possible defenses against the mandatory
suspension under the law, then an
accused would have no reason to
complain that no actual hearing was
conducted. (Miguel vs. The Honorable
Sandiganbayan, 4 July 2012)
Preventive suspension is mandatory
regardless of the respondent’s change in
position, although not automatic.
It is mandatory after the
determination of the validity of the
information in a pre-suspension hearing.
(Segovia vs. Sandiganbayan, 288 SCRA
328)
The purpose of suspension is to
prevent the accused public officer from
frustrating or hampering his prosecution
by intimidating or influencing witnesses or
tampering with evidence or from
committing further acts of malfeasance
while in office.
Appeal
Modes:
1. Ordinary Appeal
2. Petition for Review
3. Appeal by Certiorari
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The ordinary appeal under Rule 41 is
brought to the Court of Appeals (CA) from
the Regional Trial Court (RTC), in the
exercise of its original jurisdiction, and
resolved questions of facts or mixed
questions of fact and law.
The petition for review under Rule 42
is brought to the CA from the RTC, acting
in the exercise of its appellate jurisdiction,
and resolves questions of fact or mixed
questions of fact and law.
The appeal by certiorari under Rule 45
is brought to the Supreme Court from a
judgment or final order or resolution of
the CA or the RTC and resolves only
questions of law.
The trial court has lost jurisdiction
after perfection of the appeal and so it can
no longer entertain a motion for
reconsideration.
Appeal to the Supreme Court
1. Appeal by Certiorari on pure questions
of law under Rule 45 through a
petition for review on certiorari; and
2. Ordinary Appeal in criminal cases
through a notice of appeal from
convictions imposing reclusion
perpetua or life imprisonment or where
a lesser penalty is involved but for
0ffenses committed on the same
occasion or which arose out of the
same occurrence that gave rise to the
more serious offense. Convictions
imposing the death penalty are
elevated through automatic review.
Perfection of an Appeal
An appeal from the Regional Trial
Court (RTC) to the Court of Appeals is
deemed perfected as to the appellant
upon the filing of a notice of appeal in the
RTC in due time or within the
reglementary period of appeal.
An appeal by record on appeal is
deemed perfected as to the appellant with
respect to the subject matter thereof upon
the approval of the record on appeal filed
in due time.
xxxx
The accused who did not appeal can be
benefitted by the decision of the appellate
court which is favorable to him, even
though his appeal is denied because of his
escape.
Arraignment and Plea
Plea of guilty to a lesser offense may
be allowed if the lesser offense is
necessarily included in the offense
charged.
Bail
The Revised Rules of Criminal
Procedure do not require the arraignment
of the accused as prerequisite to the
conduct of hearings in the bail petition. A
person is allowed to file a petition for bail
as soon as he is deprived of his liberty by
virtue of his arrest or voluntary surrender.
(Serapio vs. Sandiganbayan, 2 January
2003)
An accused cannot seek any judicial
relief if he does not submit his person to
the jurisdiction of the court.
An application for or admission to bail
shall not bar the accused from challenging
the validity of his arrest or the legality of
the warrant issued therefor, or from
assailing the regularity or questioning the
absence of a preliminary investigation of a
charge against him, provided that he
raises them before entering his plea.
It is settled that an Order granting bail
is merely interlocutory which cannot attain
finality. (Pobre vs. People, 8 July 2005)
The denial of bail pending appeal is a
matter of wise discretion since after
conviction by the trial court, the
presumption of innocence terminates and,
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accordingly, the constitutional right to bail
ends. (Leviste vs. Court of Appeals, 17
March 2010)
The accused must be “literally” placed
under the custody of the law before his
petition for bail could be entertained by
the court. (Miranda vs.Tuliao, 31 March
2006)
In no case shall bail be allowed after
the accused has commenced to serve
sentence. (People vs. Fitzgerald, 505
SCRA 573)
The accused may apply for bail in the
RTC where the information was filed or in
the RTC where he was arrested, or if no
judge, thereof is available, with any
metropolitan trial judge, municipal trial
judge or municipal circuit trial judge
therein.
The prosecution is only required to
present as much evidence as is necessary
to determine whether the evidence of the
accused’s guilt is strong for purposes of
bail.
Under the Extradition Treaty and Law,
the application of the Secretary of Justice
for a warrant of arrest need not be set for
hearing, and Juan cannot be allowed to
post bail if the court would issue a warrant
of arrest. The provisions in the Rules of
Court on arrest and bail are not basically
applicable. (Government of the United
States of America vs. Puruganan, 389
SCRA 623)
Bail may be given by:
1. A corporate surety, or
2. Through a property bond;
3. Cash deposit; or
4. Recognizance.
If bail is a matter of right, it cannot be
denied on the ground that there exists a
high degree of probability that the
accused will abscond or escape. What the
court can do is to increase the amount of
the bail. One of the guidelines that the
judge may use in fixing a reasonable
amount of bail is the probability of the
accused appearing in trial.
As a Matter of Right
Bail is a matter of right:
1. Before or after conviction by the
Metropolitan Trial Court, Municipal
Trial Court, Municipal Trial Court in
Cities, or Municipal Circuit Trial Court;
2. Before conviction by the Regional Trial
Court of an offense not punishable by
death, reclusion perpetua or life
imprisonment;
3. If the charge involves a capital offense
and the evidence of guilt is not strong.
As a Matter of Discretion
Upon conviction by the Regional Trial
Court of an offense not punishable by
death, reclusion perpetua, or life
imprisonment.
If the penalty of imprisonment exceeds
six years but not more than 20 years, bail
shall be denied upon a showing by the
prosecution, with notice to the accused, of
the following or other similar
circumstances:
1. That the accused is a recidivist, quasi-
recidivist or habitual delinquent, or has
committed the crime aggravated by
the circumstance of reiteration;
2. That the accused is found to have
previously escaped from legal
confinement, evaded sentence, or has
violated the conditions of his bail
without valid justification;
3. That the accused committed the
offense while on probation, parole, or
under conditional pardon;
4. That the circumstances of the accused
or his case indicate the probability of
flight if released on bail; or
5. That there is undue risk that during
the pendency of the appeal, the
accused may commit another crime.
Batas Pambansa Blg. 22 (BP 22)
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The criminal action for violation of BP
22 included the corresponding civil action,
and that no reservation to file such civil
action separately shall be allowed.
Best Evidence Rule
This Rule is adopted for the prevention
of fraud and is declared to be essential to
the pure administration of justice. (Moran,
Vol. 5, p. 12.) If a party is in possession of
such evidence and withholds it, the
presumption naturally arises that the
better evidence is withheld for fraudulent
purposes. (Francisco. Rules of Court, vol.
VII. Part I, pp, 121,122)
Bill of Particulars
The Rules of Court authorizes the court
to either deny or grant said motion
outright (no hearing) upon the clerk of
court bringing such motion to the
attention of the court.
If the plaintiff failed to comply with the
order of the court, the Rules authorizes
the court to order the striking out of the
pleading affected, hence, the dismissal of
the complaint.
Before responding to a pleading, a
party may move for a bill or particulars of
any matter which is not averred with
sufficient definiteness or particularity to
enable him properly to prepare his
responsive pleading. If the pleading is a
reply, the motion must be filed within ten
(10) days from service thereof.
If the order is not complied with, the
court may order the striking out of the
pleading or the portions thereof to which
the order was directed or make such other
order as it deems just.
Burden of Evidence
Burden of evidence is the duty of a
party to go forward with the evidence to
overthrow prima facie evidence
established against him. (Bautista v.
Sarmiento, 138 SCRA 587)
Burden of Proof
Burden of proof is the duty of a party
to present evidence on the facts in issue
necessary to establish his claim or defense
by the amount of evidence required by
law. (Bautista v. Sarmiento, 138 SCRA
587)
Buy-bust Operation
The seizure of the firearm was valid
because it was seized in the course of a
valid arrest in a buy-bust operation. A
search warrant was not necessary.
(People v. Salazar, 266 SCRA 607)
The motion to recover the firearm
should be filed in the court where the
criminal action is pending.
Cause of Action
The plaintiff may sue the defendant in
one complaint asserting as many causes
of action as he may have and since all the
claims are principally for recovery of
money, the aggregate amount shall be the
test of jurisdiction.
Certiorari
Under the Constitution
The certiorari jurisdiction of the
Supreme Court under the Constitution is
the mode by which the Court exercises its
expanded jurisdiction, allowing it to take
corrective action through the exercise of
its judicial power.
Constitutional certiorari jurisdiction
applies even if the decision was not
rendered by a judicial or quasi-judicial
body
Under the Rules of Court (Rule 65)
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Is limited to cases involving a grave
abuse of discretion amounting to lack or
excess of jurisdiction on the part of any
branch or instrumentality of the
government and there is no other claim
speedy remedy available to a party in the
ordinary course of law.
It is a special civil action, is an original
action from the Regional Trial Court (RTC)
or the Court of Appeals (CA) to the
Supreme Court against any tribunal, board
or officer exercising judicial or quasi-
judicial functions raising the issue of lack
or excess of jurisdiction or grave abuse of
discretion amounting to lack or excess of
jurisdiction, there being no appeal or any
plain, speedy and adequate remedy in the
ordinary course of law.
If the decision or order does not state
findings of facts and of law, the same is
void. Appeal is not available. The proper
remedy is certiorari under Rule 65.
Petition for Certiorari (Rule 65)
It is a remedy for the interlocutory
order issued by the court and there is no
speedy, plain, and adequate remedy
under the course of law.
If the Regional Trial Court (RTC)
denied the petition questioning the
Metropolitan Trial Court’s (MeTC) denial to
suspend criminal proceedings, the remedy
is to file notice of appeal, within 15 days
from final order, to the Court of Appeals.
Rule 65 vs. Rule 45
A SPECIAL CIVIL ACTION FOR
CERTIORARI is governed by Rule 65 and
is filed to annul or modify judgments,
orders or resolutions rendered or issued
without or in excess of jurisdiction or with
grave abuse of discretion tantamount to
lack or excess of jurisdiction, when there
is no appeal nor any plain, speedy and
adequate remedy in the ordinary course of
law, to be filed within sixty (60) days from
notice of the judgment, order or resolution
subject of the petition.
A PETITION FOR REVIEW ON
CERTIORARI is governed by Rule 45 and
is filed from a judgment or final order of
the RTC, the Sandiganbayan or the Court
of Appeals, within fifteen (15) days from
notice of the judgment appealed from or
of the denial of the motion for new trial or
reconsideration filed in due time on
questions of law only.
More distinctions:
1. The first is a special civil action under
Rule 65 of the Rules of Court, while
the second is an appeal to the
Supreme Court from the Court of
Appeals, Sandiganbayan and the RTC
under Rule 45.
2. The first can be filed only on the
grounds of lack or excess of
jurisdiction or grave abuse of
discretion tantamount to lack or
excess of jurisdiction, while the second
is based on the errors of law of the
lower court.
3. The first should be filed within sixty
(60) days from notice of the judgment,
order or resolution sought to be
assailed, while the second should be
filed within fifteen (15) days from
notice of the judgment or final order or
resolution appealed from, or of the
denial of the petitioner's motion for
new trial or reconsideration filed in due
time after notice of the judgment.
4. The first cannot generally be availed of
as a substitute for a lost appeal.
5. Under the first, the lower court is
impleaded as a party respondent,
while under the second, the lower
court is not imp leaded.
Chain of Custody
The requirement is essential to ensure
that doubts regarding the identity of the
evidence are removed through the
monitoring and tracking of the movements
of the seized drugs from the accused, to
the police, to the forensic chemist, and
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finally to the court. (People vs. Sitco, 14
May 2010)
Nonetheless, non-compliance with the
procedure shall not render void and invalid
the seizure and custody of the drugs
when: 1) such non-compliance is attended
by justifiable grounds; and 2) the integrity
and the evidentiary value of the seized
items are properly preserved by the
apprehending team. (People vs. Dela
Cruz, 29 October 2008)
Change of Name (Rule 103)
The touchstone for the grant of a
change of name is that there be “proper
and reasonable cause” for which the
change is sought. Petitioner must show
not only some proper or compelling
reason therefore but also that he will be
prejudiced by the use of his true and
official name. (Republic vs. Court of
Appeals, 21 May 1992)
The change of name does not define or
effect change in one’s existing family
relations or in the rights and duties
flowing therefrom. It does not alter one’s
legal capacity, civil status or citizenship;
what is altered is only the name. (Republic
vs. Court of Appeals, 21 May 1992)
Grounds:
1. When the name is ridiculous,
dishonorable or extremely difficult to
write or pronounce;
2. When the change results as a legal
consequence, as in legitimization;
3. When the change will avoid confusion;
4. When one has continuously used and
been known since childhood by a
Filipino name, and was unaware of
alien parentage;
5. A sincere desire to adopt a Filipino
name to erase signs of former
alienage, all in good faith and without
prejudicing anybody; and
6. When the surname causes
embarrassment and there is no
showing that the desired change of
name was for a fraudulent purpose or
that the change of name would
prejudice public interest. (Republic vs.
Court of Appeals, 21 May 1992)
Character Evidence
The prosecution may introduce
evidence of the good or even bad moral
character of the victim if it tends to
establish in any reasonable degree the
probability or improbability of the offense
charged.
Child and Family Cases
The records of child and family cases
in the Family Code to handle Family Court
cases shall be dealt with utmost
confidentiality.
The identity of parties in child and
family cases shall not be divulged unless
necessary and with authority of the judge.
Child Witness
The testimony of a child may be taken
by live-link television if there is a
substantial likelihood that the child would
suffer trauma from testifying in the
presence of the accused, his counsel or
the prosecutor as the case may be. The
trauma must of a kind which would impair
the completeness or truthfulness of the
testimony of the child. (Rule on
Examination of a Child Witness)
Civil Action
A CIVIL ACTION is one by which a
party sues another for the enforcement or
protection of a right, or the prevention or
redress of a wrong.
Civil Liability
Not extinguished despite acquittal where:
1. The acquittal is based on reasonable
doubt;
2. Where the court expressly declares
that the liability of the accused is not
criminal but only civil in nature; and
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3. Where the civil liability is not derived
from or based on the criminal act of
which the accused is acquitted.
(Sapiera vs. Court of Appeals, 14
September 1999).
Complaint
In criminal case, a complaint is a
sworn written statement charging a
person with an offense, subscribed by the
offended party, any peace officer or other
peace officer charged with the
enforcement of the law violated.
Constitutional Commissions
Commission on Audit (CoA) and
Commission on Elections (ComElec)
Decisions of CoA and ComElec can be
elevated to the Supreme Court via special
civil action for certiorari under Rule 65.
Civil Service Commission (CSC)
Decisions of CSC are reviewable by
petition for review under Rule 43 before
the Court of Appeals.
Class Suit
Is filed in behalf of many persons so
numerous that it is impracticable to join
all as parties.
Competency
Refers to a witness who can perceive,
and perceiving, can make known his
perception to others.
Complaint
A complaint is a sworn written
statement charging a person with an
offense, subscribed by the offended party,
any peace officer or other peace officer
charged with the enforcement of the law
violated.
Conclusiveness of Judgment
Conclusiveness of judgment precludes
the relitigation of a particular issue in
another action between the same parties
on a different cause of action.
Correction or Cancellation of Entry
(Rule 108)
It is adversarial proceeding.
If what sought to be corrected is only
the record of such marriage in the Civil
Registry Office in order to reflect the truth
set forth by the evidence, and not the
nullification of marriage as there was no
marriage on the first place. (Republic of
the Philippines vs. Olaybar, 10 February
2014)
Procedural Requirements:
1. Filing a verified petition;
2. Naming as parties all persons who
have or claim any interest which would
be affected;
3. Issuance of an order fixing the time
and place of hearing;
4. Giving reasonable notice to the parties
named in the petition; and
5. Publication of the order once a week
for three consecutive seeks in a
newspaper of general circulation.
Counterclaim
It is a pleading by which a defending
party makes a claim against an opposing
party.
A COUNTERCLAIM is any claim which a
defending party may have against an
opposing party.
A counterclaim is against an opposing
party.
Distinguished from Cross Claim
A cross-claim is any claim by one party
against a co-party arising out of the
transaction or occurrence that is the
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subject matter either of the original action Instances where the CA may act as a trial
or of a counterclaim therein. court:
1. In annulment of judgment;
A cross-claim is against a co-party. 2. When a motion for new trial is granted
by the CA;
Compulsory Counterclaim 3. A petition for habeas corpus shall be
set for hearing;
Payment of docket fees is not 4. In a petition for the writs of amparo
required. and habeas data, a hearing can be
conducted;
The dismissal of the complaint shall be 5. Under the Rues of Criminal Procedure,
without prejudice to the right of the the CA has the power to try case and
defendant to prosecute his counterclaim in conduct hearings, receive evidence,
the same or in a separate action. (Pinga and perform any and all acts
vs. Heirs of Santiago, 494 SCRA 393) necessary to resolve factual issues
cases which shall fall within its original
The compulsory counterclaim is and appellate jurisdiction;
deemed waived when he filed a motion to 6. New trial based on the ground of
dismiss the complaint instead of newly discovered evidence;
answering the same. (Financial Building 7. To resolve factual issues.
Corporation vs. Forbes Park Association
Inc. 338 SCRA 346) A Justice of a Division of the Court of
Appeals may issue TRO, as authorized
It is one which arises out of or is under Rule 58 which additionally requires
connected with the transaction or that the action shall be submitted on the
occurrence constituting the subject matter next working day to the absent members
of the opposing party's claim and does not of the division for their ratification,
require for its adjudication the presence of modification, or recall. (Heirs of the late
third parties of whom the court cannot Justice Jose B.L. Reyes vs Court of
acquire jurisdiction. Appeals, 338 vs. 282)

The counterclaim for attorney's fees The remedy to nullify a decision of the
and expenses of litigation is a compulsory Court of Appeals is a petition for review on
counterclaim because it necessarily arose certiorari in the Supreme Court under Rule
out of and is connected with the 45.
complaint. In an original action before the
Regional Trial Court (RTC), the The Court of Appeals has concurrent
counterclaim may be considered jurisdiction with the family courts and the
compulsory regardless of the amount. Supreme Court in petitions for habeas
corpus where the custody of minors is at
Permissive Counterclaim issue, notwithstanding the provision in the
Family Courts Act. (R.A. No. 8369) that
Payment of docket fees is required. family courts have exclusive jurisdiction in
such cases. (Thornton v. Thornton, 438
If it is raised in the Answer not SCRA 550)
predicted on the plaintiff’s claim or cause
of action. It would partake of an initiatory Court of Tax Appeals (CTA)
pleading which requires certification
against forum shopping. A decision of the CTA Division may be
appealed to the CTA en banc, within 30
Court of Appeals (CA) days from receipt by filing a petition for
review.

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Decision or ruling of CTA en banc may
be filed with the Supreme Court a verified
petition for review on certiorari under Rule
45.
Cross Claim
A cross-claim is any claim by one party
against a co-party arising out of the
transaction or occurrence that is the
subject matter either of the original action
or of a counterclaim therein.
A cross-claim is a claim filed by one
party against a co-party arising out of the
transaction or occurrence that is the
subject matter of the original action or a
counterclaim therein and may include a
claim that the party against whom it is
asserted is or may be liable to the cross-
claimant for all or part of a claim asserted
against the cross claimant.
A cross-claim is against a co-party.
Distinguished from Counterclaim
A COUNTERCLAIM is any claim which a
defending party may have against an
opposing party.
A counterclaim is against an opposing
party.
Credibility
Refers to a witness whose testimony is
believable.
Custodial Investigation
An admission of guilt during a
custodial investigation is a confession. To
be admissible in evidence, the
requirement are:
1. The confession must be voluntary;
2. The confession must be made with the
assistance of competent and
independent counsel;
3. The confession must be express; and
4. The confession must be in writing
His admission made when he was
questioned after he was placed under
arrest was in violation of his constitutional
right to be informed of his right to remain
silent and to have competent and
independent counsel of his own choice.
Hence, it is inadmissible in evidence.
[Constitution, Art. III, sec. 12; R.A. 7438
(1992), Sec. 2; People vs. Mahinay, 302
SCRA 455)
The sworn statement is not admissible
in evidence because it was taken without
informing him of his custodial rights and
without the assistance of counsel which
should be independent and competent and
preferably of the choice of the accused.
(People vs. Januario, 267 SCRA 608)
Damages
Awards for moral and exemplary
damages cannot be the subject of
execution pending appeal. The execution
of any award for moral and exemplary
damages is dependent on the outcome of
the main case. Liabilities for moral and
exemplary damages, as well as the exact
amounts remain uncertain and indefinite
pending resolution by the Court of Appeals
or Supreme Court. (RCPI v. Lantin, 134
SCRA 395; International School, Inc. vs.
Court of Appeals, 309 SCRA 474)
Dangerous Drugs Act
The existence of the dangerous drug is
a condition sine qua non for conviction.
(People vs. Danzil, 26 March 2010)
Dead Man Statute
If death has closed the lips of one
party, the policy of the law is to close the
lips of the other. (Goni vs. Court of
Appeals, L-77434. September 23, 1986,
144 SCRA 222). This is to prevent the
temptation to perjury because death has
already sealed the lips of the party.
Death of Party
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Effect of the death of a party upon a
pending action:
1. When the claim in a pending action is
purely personal, the death of either of
the parties extinguishes the claim and
the action is dismissed.
2. When the claim is not purely personal
and is not thereby extinguished, the
party should be substituted by his
heirs or his executor or administrator.
3. If the action is for recovery of money
arising from contract, express or
implied, and the defendant dies before
entry of final judgment in the court in
which the action was pending at the
time of such death, it shall not be
dismissed but shall instead be allowed
to continue until entry of final
judgment. A favorable judgment
obtained by the plaintiff shall be
enforced in the manner provided in the
rules for prosecuting claims against
the estate of a deceased person.
Decision
It is necessary for the counsel to file a
second notice of appeal after receiving the
amended decision because a substantial
change was made to the original decision
when the monetary awards were reduced
in the amended decision and in effect the
amended decision superseded the original
decision.
A court is required to take into
consideration only the legal issues and the
evidence admitted in the case. The
political stability and economic welfare of
the nation are extraneous to the case.
They can have persuasive influence but
they are not the main factors that should
be considered in deciding a case. A
decision should be based on the law, rules
of procedure, justice and equity.
Declaration of Presumptive Death
Petition for Declaration of Presumptive
Death under Article 41 of the Family Code
is a summary proceeding, authorized for
purposes only of remarriage of the
present spouse, to avoid incurring the
crime of bigamy. Nonetheless, it is in the
nature of a special proceeding, being an
application to establish a status or a
particular fact in court.
Decision of the Regional Trial Court
(RTC) granting the Declaration of
Presumptive Death in a special proceeding
is immediately final and executory, hence,
the remedy of the Office of the Solicitor
General (OSG) is to file petition for
certiorari on the premise of grave abuse of
discretion amounting to lack or excess of
jurisdiction.
Declaratory Relief
Any person interested under a deed,
will, contract or other written instrument,
whose rights are affected by a statute,
executive order or regulation, ordinance,
or any other governmental regulation
may, before breach or violation thereof,
bring an action in the appropriate Regional
Trial Court to determine any question of
construction or validity arising, and for a
declaration of his rights or duties.
Default
Default (before judgment): Remedies
1. File a motion under oath to set aside
the order on default
2. Grounds: Fraud, Accident, Mistake,
and Accident (FAME)
3. That he has meritorious defense
If it is denied, he may move to
reconsider, and if reconsideration is
denied, he may file the special civil action
of certiorari for grave abuse of discretion
tantamount to lack or excess of the lower
court's jurisdiction.
OR
He may file a petition for certiorari if
he has been illegally declared in default,
e.g. during the pendency of his motion to
dismiss or before the expiration of the
time to answer. (Matute vs. Court of
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Appeals, 26 SCRA 768; Acosta-Ofalia vs. The rule is applicable in Special

Sundiam, 85 SCRA 412) Proceedings. (Matute vs. CA, 31 January
1969)
Default (after judgment but before its
finality): Remedies This remedy would allow the
1. Motion for New Trial evaluation of the sufficiency of
a. Fraud prosecution’s evidence without the need of
b. Accident presenting defense evidence. It may be
c. Mistake done through the court’s initiative or upon
d. Excusable Negligence motion of the accused and after the
e. Newly Discovered Evidence prosecution rested its case.
2. Motion for Reconsideration
a. Excessive Damages Distinctions: Criminal from Civil
b. Insufficient Evidence
c. Decision or Final Order being 1. In criminal cases, demurrer to the
Contrary to Law evidence requires leave of court,
3. Appeal (if the motion is denied) otherwise, the accused would lose his
right to present defense evidence if
Default (after finality of judgment): filed and denied; in civil cases, no
Remedies leave of court is required for filing such
1. Petition for Relief from Judgment demurrer.
a. Fraud 2. In criminal cases, when such demurrer
b. Accident is granted, the dismissal of the case is
c. Mistake not appealable inasmuch as the
d. Excusable Negligence dismissal would amount to an
2. Annulment of Judgment acquittal, unless made by a court
a. Extrinsic Fraud acting without or in excess of
b. Lack of Jurisdiction jurisdiction; in civil cases, when such
3. Certiorari demurrer is granted, the dismissal of
a. Judgment is void the case can be appealed by the
b. Judicial Record plaintiff.
3. In criminal cases, the accused loses
After a defendant is declared in his right to present his defense-
default, the court shall proceed to render evidence in the trial court when he
judgment granting the claimant such relief filed the demurrer without prior leave
as his pleading may warrant, unless the of court; while in civil cases, the
court in its discretion requires the defendant loses his right to present his
claimant to submit evidence, which may defense-evidence only if the plaintiff
be delegated to the clerk of court. appealed such dismissal and the case
is before the appellate court already
The party in default cannot take part since the case would be decide only on
in the trial but shall be entitled to notice of the basis of plaintiff’s evidence on
subsequent proceedings. record.

A party may be declared in default
when he fails to answer within the time
allowed therefor, and upon motion of the
claiming party with notice to the
defending party, and proof of such failure.
Demurrer to Evidence
In a civil case, the defendant has the
right to file a demurrer to evidence
without leave of court. If his demurrer is
denied, he has the right to present
evidence. If his demurrer is granted and
on appeal by the plaintiff, the appellate
court reverses the order and renders

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judgment for the plaintiff, the defendant
loses his right to present evidence.
In a criminal case, the accused has
to obtain leave of court to file a demurrer
to evidence. If he obtains leave of court
and his demurrer to evidence is denied, he
has the right to present evidence in his
defense. If his demurrer to evidence is
granted, he is acquitted and the
prosecution cannot appeal.
If the accused does not obtain
leave of court and his demurrer to
evidence is denied, he waives his right to
present evidence and the case is decided
on the basis of the evidence for the
prosecution.
The court may also dismiss the
action on the ground of insufficiency of the
evidence on its own initiative after giving
the prosecution the opportunity to be
heard.
xxxx
The Court had the discretion to deny
the demurrer to the evidence, because
although the evidence presented by the
prosecution at the hearing for bail was not
strong, without any evidence for the
defense, it could be sufficient for
conviction.
The trial court should inquire as to why
the accused filed the demurrer without
leave and whether his lawyer knew that
the effect of filing it without leave is to
waive the presentation of the evidence for
the accused. (People vs. Fores, 269 SCRA
62)
Without any evidence from the
accused, the prima facie evidence of the
prosecution has been converted to proof
beyond reasonable doubt.
Deposition
Failure to appear at the deposition-taking,
despite notice, the lawyer shall proceed as
follows:
1. Find out why he failed to appear at the
deposition taking, despite notice;
2. If failure was for valid reason, then set
another date for taking the deposition.
3. If failure to appear at deposition taking
was without valid reason, then file a
motion/application in the court where
the action is pending, for and order to
show cause for his refusal to submit to
the discovery; and
4. For the court to issue appropriate
Order for non-compliance with the
show-cause order, aside from
contempt of court.
Depositions Pending Action
The complainant can take the
testimony of defendant and present the
documents as exhibits by taking his
deposition through oral examination or
written interrogatories. He may also file a
motion for the production or inspection of
documents.
Derivative Suit
Is a suit in equity that is filed by a
minority shareholder in behalf of a
corporation to redress wrongs committed
against it, for which the directors refuse to
sue, the real party in interest being the
corporation itself. (Lint v. Lim-Yu, 352
SCRA 216)
Distribution and Partition of the
Estate
The assignment of the two lots was
premature because the debts of the estate
had not been fully paid.
Declaration of heirship in a settlement
proceeding is not necessary. It can be
made in the ordinary action for partition
wherein the heirs are exercising the right
pertaining to the decedent, their
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predecessor-in-interest, to ask for
partition as co-owners.
Even if real property is involved, no
publication is necessary, because what is
sought is the mere segregation of the co-
owner’s Linda’s share in the property.
Diversion
Stages:
1. Court-Annexed Mediation (CAM)
2. Judicial Dispute Resolution (JDR)
3. Appeals Court Mediation (ACM)
During CAM, the judge refers the
parties to the Philippine Mediation Center
(PMC) for the mediation of their dispute
by trained and accredited mediators. If
CAM fails, the JDR is undertaken by the
JDR judge, acting as a mediator-
conciliator-early neutral evaluator. The
third case is during appeal, where covered
cases are referred to ACM.
Double Jeopardy
Reckless Imprudence is a single quasi-
offense by itself and not merely a means
to commit other crimes, such that
conviction or acquittal of such quasi-
offense already bars subsequent
prosecution for the same quasi-offense,
regardless of its various resulting acts.
A judgment of acquittal is immediately
executory and no appeal can be made
therefrom. Otherwise the Constitutional
protection against double jeopardy would
be violated.
The prosecution can re-file the
information for murder in substitution of
the information for homicide because no
double jeopardy has as yet attached.
(Galvez vs. Court of Appeals, 237 SCRA
685)
Doctrines
Adoptive Admission
Is a party’s reaction to a statement or
action by another person when it is
reasonable to treat the party’s reaction as
an admission of something stated or
implied by the other person.
Bar by Prior Judgment
Bar by prior-judgment is the doctrine
of res judicata, which bars a second action
when there is identity of parties, subject
matter and cause of action.
Exhaustion of Administrative Appeal
The proper procedure to question the
defect in an ECC is to follow the DENR
administrative appeal process. (Paje vs.
Casiño, 3 February 2015)
Single Larceny
The taking of several things, whether
belonging to the same or different owners,
at the same time and place. It applies in
theft cases.
Documentary Evidence
Consists of writings or any material
containing letters, words, numbers,
figures, symbols or other modes of written
expressions, offered as proof of their
contents.
Dying Declaration
The statement is admissible as a dying
declaration if the victim subsequently died
and his answers were made under the
consciousness of impending death.
The fact that he did not sign the
statement point to the accused as his
assailant, because he was in critical
condition, does not affect its admissibility
as a dying declaration. A dying declaration
need not be in writing. (People vs.
Viovicente, 286 SCRA 1)
The requisites for the admissibility of a
dying declaration are:
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1. The declaration is made by the
deceased under the consciousness of
his impending death;
2. The deceased was at the time
competent as a witness;
3. The declaration concerns the cause
and surrounding circumstances of the
declarant's death; and
4. The declaration is offered in a
(criminal) case wherein the declarant's
death is the subject of inquiry.
Ejectment
Execution shall issue immediately upon
motion, unless:
1. The defendant perfects an appeal to
the Regional Trial Court (RTC);
2. Files a sufficient supersedeas bond to
pay the rents, damages and costs
accruing up to the time of the
judgment appealed from;
3. Deposits monthly with the RTC during
the pendency of the appeal the
amount of rent due from time to time.
There is no effect. The ejectment case
involves possession de facto only. The
action to enforce the option to purchase
will not suspend the action of ejectment
for non-payment of rentals. (Willman Auto
Supply Corp. vs. Court of Appeals, 208
SCRA 108)
Inasmuch as all actions of forcible
entry and unlawful detainer are subject to
summary procedure and since the
counterclaim is only permissive, it cannot
be entertained by the Municipal Court.
The lessor can contest his ejectment
on the ground that there was no prior
demand to vacate the premises. (Casilan
vs.Tomassi, l0 SCRA 261; Lesaca
vs.Cuevas. 125 SCRA 335)
Forcible Entry
A person deprived of the possession of
any land or building by force, intimidation,
strategy, threat, stealth (FISTS) may at
anytime within one (1) year after such
withholding of possession bring an action
in the proper Municipal Trial Court (MTC)
where the property is located.
Grounds:
1. The plaintiff has prior physical
possession of the property
2. The defendant deprived him of such
possession by means of FISTS
NOTE: There must be first an amicable
settlement of the controversy before the
appropriate Lupon or Barangay Chairman.
Unlawful Detainer
It is not required that the plaintiff be in
prior physical possession of the land
subject of the action.
The judgment of the Municipal Trial
Court against the defendant is
immediately executory upon motion
unless an appeal has been perfected, a
supersedeas bond has been filed and the
periodic deposits of current rentals. If any,
as determined by the judgment will be
made with the appellate court.
Electronic Document
An electronic document is also the
equivalent of an original document under
the Best Evidence Rule, if it is a printout
or output readable by sight or other
means, shown to reflect the data
accurately.
The authenticity of any private
electronic document must be proved by
evidence that it had been digitally signed
and other appropriate security measures
have been applied.
An electronic document shall be
regarded as the equivalent of an original
document under the Best Evidence Rule if
it is a printout or output readable by sight
or other means, shown to reflect the data
accurately.
Electronic Evidence
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 Trigger Words for Remedial Law
The Rules on Electronic Evidence
applies only to civil actions, quasi-judicial
proceedings and administrative
proceeding, not to criminal actions. (Ang
vs. Court of Appeals, 20 April 2010)
Escheat
The action to recover escheated
property must be filed within five (5)
years or be forever barred.
The venue of the escheat proceedings
of a parcel of land in this case is the place
where the deceased last resided.
Evidence
Character Evidence
The prosecution may introduce
evidence of the good or even bad moral
character of the victim if it tends to
establish in any reasonable degree the
probability or improbability of the offense
charged.
Documentary Evidence
Consists of writings or any material
containing letters, words, numbers,
figures, symbols or other modes of written
expressions, offered as proof of their
contents.
Electronic Document
An electronic document is also the
equivalent of an original document under
the Best Evidence Rule, if it is a printout
or output readable by sight or other
means, shown to reflect the data
accurately.
The authenticity of any private
electronic document must be proved by
evidence that it had been digitally signed
and other appropriate security measures
have been applied.
An electronic document shall be
regarded as the equivalent of an original
document under the Best Evidence Rule if
it is a printout or output readable by sight
or other means, shown to reflect the data
accurately.
Electronic Evidence
The Rules on Electronic Evidence
applies only to civil actions, quasi-judicial
proceedings and administrative
proceeding, not to criminal actions. (Ang
vs. Court of Appeals, 20 April 2010)
Hearsay Rule
The hearsay rule is a rule of evidence
to the effect that a witness can testify only
to those facts which he knows of his own
knowledge or derived from his own
perceptions.
Consists of testimony that is not based
on personal knowledge of the person
testifying.
The newspaper clipping is admissible
in evidence. Regardless of the truth or
falsity of a statement, the hearsay rule
does not apply and the statement may be
shown where the fact that it is made is
relevant. Evidence as to the making of
such statement is not secondary but
primary, for the statement itself may
constitute a fact in issue or be
circumstantially relevant as to the
existence of such fact. (Gotesco
Investment Corporation vs. Chatto, 210
SCRA 18)
The certification is admissible in
evidence. A written statement signed by
an officer having the custody of an official
record or by his deputy that after diligent
search no record or entry of a specified
tenor is found to exist in the records of his
office, accompanied by a certificate as
above provided, is admissible as evidence
that the records of his office contain no
such record or entry.
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Exceptions to hearsay evidence:
1. Dying Declaration
2. Declaration against Interest
3. Act or Declaration about Pedigree
4. Family Reputation or Tradition
Regarding Pedigree
5. Common Reputation
6. Part of the Res Gestae
7. Entries in the Course of Business
8. Entries in Official Records
9. Commercial Lists and the Like
10. Learned Treatises
11. Testimony or Deposition at a Former
Proceeding
The baptismal certificate can show
filiation or prove pedigree. It is one of the
other means allowed under the Rules of
Court and special laws to show pedigree.
(Trinidad vs. Court of Appeals, 289 SCRA
188; Heirs of Ignacio Conti vs. Court of
Appeals, 300 SCRA 345)
Entries in the family bible may be
received as evidence of pedigree.
The certification by the civil registrar
of the non-availability of records is needed
to justify the presentation of secondary
evidence, which is the photocopy of the
birth certificate of Jocelyn. (Heirs of
Ignacio Conti vs. Court of Appeals, 300
SCRA 345)
Photocopies of official receipts and
affidavits are not admissible without proof
of loss of the originals.
Hearsay evidence may be defined as
evidence that consists of testimony not
coming from personal knowledge. Hearsay
testimony is the testimony of a witness as
to what he has heard other persons say
about the facts in issue.
Opinion Evidence
Is expert evidence based on personal
knowledge skill, experience, training of
the person testifying and evidence of an
ordinary witness on limited matters.
If the evidence was offered without
objection, it was deemed admitted.
Previous Conduct
Evidence that one did or did not do a
certain thing at one time is not admissible
to prove that he did or did not do the
same or a similar thing at another time;
but it may be received to prove a specific
intent or knowledge, identity, plan,
system, scheme, habit, custom or usage,
and the like.
The Rules do not allow the prosecution
to adduce evidence of bad moral character
of the accused pertinent to the offense
charged, except on rebuttal and only if it
involves a prior conviction by final
judgment.
Secondary Evidence
Photocopies in the hands of the parties
are not duplicate original copies because
there are photocopies which were not
signed (Mahilum vs. Court of Appeals, 17
SCRA 482). They constitute secondary
evidence.
The rules provide that when the
original document is lost or destroyed, or
cannot be produced in court, the offerer,
upon proof of its execution or existence
and the cause of its unavailability without
bad faith on his part, may prove its
contents by a copy, or by a recital of its
contents in some authentic document, or
by the testimony of witnesses in the order
stated.
Examination
Cross Examination
The cross-examination of a witness is
an absolute right, not a mere privilege of
the party against whom he is called.
If a party is deprived of the
opportunity of cross examination without
fault on his part, as in case of illness and
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death of a witness after a direct
examination, he is entitled to have the
direct testimony stricken from the records.
(People vs. Manchetti, 6 August 1980)
Re-Direct Examination
On redirect examination, questions on
matters not dealt with during the cross-
examination may be allowed by the court
in its discretion.
Re-Cross Examination
The opponent in re-cross examination
may also ask questions on such other
matters as may be allowed by the court in
its discretion.
Execution, Satisfaction, and Effects of
Judgments
The execution of judgment by mere
motion is allowed by the Rules only within
five (5) years from entry of judgment;
thereafter, and within ten (10) years from
entry of judgment, an action to enforce
the judgment is required.
No judgment obligor shall be required
to appear before a court, for the purpose
of examination concerning his property
and income, outside the province or city in
which such obligor resides.
If a judgment directs a party to
execute a conveyance of land or personal
property, or to deliver deeds, other
documents, or to perform, any other
specific act in connection therewith, and
the party fails to comply within the time
specified, the court may direct the act to
be done at the cost of the disobedient
party by some other person appointed by
the court and the act when so done shall
have like effect as if done by the party.
A writ of execution is valid for five (5)
years from its issuance, the sheriff should
be informed and requested to garnish or
levy on execution of the bank deposits
belonging to the judgment obligor.
To reach the bank deposit belonging to
the judgment obligor but under the
assumed name, a motion may be filed for
a court order requiring the proper bank
officer to appear in court for examination
under oath as to such bank deposit, and
subsequently move for a court order
authorizing the filing of an action against
such bank for the recovery of the
judgment obligor’s deposit/interest therein
and to forbid a transfer or other
disposition of such deposit/interest within
120 days from notice of the order.
The plaintiff can enforce the judgment
by another action reviving the Judgment
because it can no longer be enforced by
motion as the five-year period within
which a judgment may be enforced by
motion has already expired.
Executor
Disqualification
1. A minor
2. Not a resident of the Philippines
3. Is in the opinion of the court unfit to
execute the duties of the trust by
reason of drunkenness, improvidence,
or want of understanding or integrity,
or by reason f conviction of an offense
involving moral turpitude
4. Incompetent
5. Refuses the trust
6. Fails to give a bond
He is not obliged to file with the proper
court a petition for probate of the
testator’s last will and testament. He is
only obliged to deliver the will within
twenty (20) days after he knows of the
death of the testator.
Expropriation
The present Rule of Procedure
governing expropriation requires the
defendant to file an Answer, which must
be filed on or before the time stated in the
summons. Defendant’s objections and
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defenses should be pleaded in his Answer
not in a motion (to dismiss).
The expropriation here is governed by
Rep. Act No. 8974 which requires 100%
payment of the zonal value of the
property as determined by the BIR, to be
the amount deposited. Before such
deposit is made, the national government
has no right to take the possession of the
property under expropriation.
Extension of Time
A motion for extension of time to file
an Answer may be filed ex parte and need
not be set for hearing. (Amante vs.
Suñga, 64 SCRA 192)
Extrajudicial Confession
The accused can testify by repeating
his earlier uncounseled extrajudicial
confession, because he can be subjected
to cross-examination.
An illegally obtained extrajudicial
confession nullifies the intrinsic validity of
the confession and renders it unreliable as
evidence of the truth. (Moran, vol. 5, p.
257) It is the fruit of a poisonous tree.
Extrajudicial Settlement of Estate
Extrajudicial settlement of an estate of
a deceased is allowed only when the
deceased left no last will and testament
and all debts, if any, are paid.
It by agreement between or among
the heirs of the deceased may be had only
when the decedent left no will.
If the decedent left no will and no
debts, and the heirs are all of age, the
parties may, without securing letters of
administration, divide the estate among
themselves by means of a public
instrument or by stipulation in a pending
action for partition and shall file a bond
with the register of deeds in an amount
equivalent to the value of the personal
property involved as certified to under
oath by the parties concerned.
If there is only one heir, he may
adjudicate to himself the entire estate by
means of an affidavit filed in the office of
the register of deeds.
The parties or the sole heir shall file
simultaneously abound with the register of
deeds, in an amount equivalent to the
value of the personal property as certified
to under oath by the parties and
conditioned upon the payment of any just
claim that may be filed later.
Facts
Adjudicative
Facts found in a court decision.
Legislative
Facts mentioned in a statute or in an
explanatory note.
Family Courts
Family courts have authority and
jurisdiction to resolve the constitutionality
of a statute. This authority is embraced in
the general definition of judicial power to
determine the valid and binding laws in
conformity with the fundamental law.
(Garcia vs. Hon. Drilon, 25 June 2013)
Filing Fees
Recapitulating the rules on indigent
litigants, therefore, if the applicant for
exemption meets the salary and property
requirements under Section 19 of Rule
141, then the grant of the application is
mandatory. On the other hand, when the
application does not satisfy one or both
requirements, then the application should
not be denied outright; instead, the court
should apply the indigency test under
Section 21 of Rule 3 and use its sound
discretion in determining the merits of the
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prayer for exemption. (Algura vs. City of
Naga, 30 October 2006)
Rule 141, SEC. 19. Indigent
litigants exempt from payment of
legal fees. INDIGENT LITIGANTS
(A) WHOSE GROSS INCOME AND THAT
OF THEIR IMMEDIATE FAMILY DO
NOT EXCEED AN AMOUNT DOUBLE
THE MONTHLY MINIMUM WAGE OF AN
EMPLOYEE AND (B) WHO DO NOT OWN
REAL PROPERTY WITH A FAIR MARKET
VALUE AS STATED IN THE CURRENT TAX
DECLARATION OF MORE THAN THREE
HUNDRED THOUSAND (P300,000.00)
PESOS SHALL BE EXEMPT FROM
PAYMENT OF LEGAL FEES.
Rule 3, SEC. 21. Indigent party. A
party may be authorized to litigate his
action, claim or defense as an indigent if
the court, upon an ex parte application
and hearing, is satisfied that the party is
one who has no money or property
sufficient and available for food, shelter
and basic necessities for himself and his
family.
Forcible Invasion into the Body
In the past, Supreme Court has
already declared many invasive and
involuntary procedures (i.e examination of
women’s genitalia, expulsion of morphine
from one’s mouth, DNA testing) as
constitutionally sound. (Agustin vs. Court
of Appeals, 15 June 2005)
Foreclosure of Real Estate Mortgage
The foreclosure action should be
brought in the proper court of the
province where the land or any part
thereof is situated.
When the plaintiff commenced suit to
collect on the promissory note, he waived
his right to foreclose the mortgage.
Foreign Judgments
Judgments of foreign courts are given
recognition in our courts, hence:
1. In case of judgment upon a specific
thing, the judgment is conclusive upon
the title to the thing, unless otherwise
repelled by evidence of lack of
jurisdiction, want of due notice to the
party, collusion, fraud, or clear
mistake of law or fact; and
2. In case of judgment against a person,
the judgment is presumptive evidence
of a right as between the parties and
their successors in interest by
subsequent title, unless otherwise
repelled by evidence on grounds above
stated.
NOTE: Judgments of foreign courts may
only be enforced in the Philippines through
an action validly heard in the Regional
Trial Court. Thus, it is actually the
judgment of the Philippine court enforcing
the foreign judgment that shall be
executed.
An action upon a judgment must be
brought within ten (10) years from the
time the right of action accrues. It is
merely an action in a domestic court to
enforce a foreign judgment. Foreign
judgments should be treated in the same
manner as domestic judgments.
Foreign Law
A written foreign law may be
evidenced by an official publication thereof
or by a copy attested by the officer having
the legal custody of the record, or by his
deputy, and accompanied. If the record is
not kept in the Philippines, with a
certificate that such officer has the
custody, if the office in which the record is
kept is in a foreign country, the certificate
may be made by a secretary of the
embassy or legation, consul general,
consul, vice-consul, or consular agent or
by any officer in the foreign service of the
Philippines stationed in the foreign country
in which the record is kept, and
authenticated by the seal of his office.
(Zalamea v. CA, 228 SCRA 23)
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Fruit of the Poisonous Tree
Said documents having been signed by
the accused while under custodial
investigation, imply an “admission”
without the benefit of counsel.
Applies only where the primary source is
shown to have been unlawfully obtained or was
the result of an illegal act. (People vs. Alicando,
251 SCRA 293)
An illegally obtained extrajudicial
confession nullifies the intrinsic validity of
the confession and renders it unreliable as
evidence of the truth. (Moran, vol. 5, p.
257) It is the fruit of a poisonous tree.
Garnishment
Is a manner of satisfying or executing
judgment where the sheriff may levy
debts, credits, royalties, commission, bank
deposits, and other personal property not
capable of manual delivery that are in the
control or possession of third persons and
are due the judgment obligor.
Serving a notice of garnishment,
particularly before summons is served, is
not proper.
A motion to discharge on the ground
that the writ was improvidently issued will
not lie, since such a motion would be
tantamount to trial on the merits of the
action which cannot be ventilated at a
mere hearing of the motion instead of a
regular trial.
Distinguished from Attachment
ATTACHMENT is a provisional remedy
that effects a levy on property of a party
as security for the satisfaction of any
judgment that may be recovered, while
GARNISHMENT is a levy on debts due the
judgment obligor or defendant and other
credits, including bank deposits, royalties
and other personal property not capable of
manual delivery under a writ of execution
or a writ of attachment.
Global injunction
Under the rules of comity, utility and
convenience, nations have established a
usage among civilized states by which
final judgments of foreign courts of
competent jurisdiction are reciprocally
respected and rendered efficacious under
certain conditions that may vary in
different countries. (St. Aviation Services
Co., Pte., Ltd. v. Grand International
Airways, Inc., 505 SCRA 30; Asiavest
Merchant Bankers [M] Berhad v. Court of
Appeals, 361 SCRA 489)
Guardianship
The venue for the appointment of an
administrator over land and building of an
American citizen residing in California,
declared Incompetent by an American
Court, is the RTC of the place where his
property or part thereof is situated.
Incapable of Pecuniary Estimation
Cases:
1. Actions for specific performance
2. Actions for support which will require
the determination of the civil status
3. The right to support the plaintiff
4. Those for the annulment of decisions
of lower courts
5. Those for the rescission or reformation
of contracts
6. Interpretation on contractual
stipulation
xxx
7. Foreclosure or mortgage or annulment
of judgment
8. Questioning the validity of mortgage
9. Annulling a deed of sale or
reconveyance and to recover the price
paid for rescission
xxx
10. Rescission of Contract (De Ungria vs.
Court of Appeals, 25 July 2011)
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11. Annulment of Extrajudicial Foreclosure
(Russell vs. Vestil, 304 SCRA 738)
12. The Action for Partition depends on a
determination of the Hereditary Rights
of heirs, which is not capable of
pecuniary estimation. (Russell vs.
Vestil, 304 SCRA 738)
13. Action for Injunction
A may institute the proceedings in the
RTC in accordance with the rules of venue
because the enforcement of the Judgment
is a personal action incapable of pecuniary
estimation.
Hearsay Evidence Rule
The hearsay rule is a rule of evidence
to the effect that a witness can testify only
to those facts which he knows of his own
knowledge or derived from his own
perceptions.
Consists of testimony that is not based
on personal knowledge of the person
testifying.
The newspaper clipping is admissible
in evidence. Regardless of the truth or
falsity of a statement, the hearsay rule
does not apply and the statement may be
shown where the fact that it is made is
relevant. Evidence as to the making of
such statement is not secondary but
primary, for the statement itself may
constitute a fact in issue or be
circumstantially relevant as to the
existence of such fact. (Gotesco
Investment Corporation vs. Chatto, 210
SCRA 18)
The certification is admissible in
evidence. A written statement signed by
an officer having the custody of an official
record or by his deputy that after diligent
search no record or entry of a specified
tenor is found to exist in the records of his
office, accompanied by a certificate as
above provided, is admissible as evidence
that the records of his office contain no
such record or entry.
Exceptions to hearsay evidence:
1. Dying Declaration
2. Declaration against Interest
3. Act or Declaration about Pedigree
4. Family Reputation or Tradition
Regarding Pedigree
5. Common Reputation
6. Part of the Res Gestae
7. Entries in the Course of Business
8. Entries in Official Records
9. Commercial Lists and the Like
10. Learned Treatises
11. Testimony or Deposition at a Former
Proceeding
The baptismal certificate can show
filiation or prove pedigree. It is one of the
other means allowed under the Rules of
Court and special laws to show pedigree.
(Trinidad vs. Court of Appeals, 289 SCRA
188; Heirs of Ignacio Conti vs. Court of
Appeals, 300 SCRA 345)
Entries in the family bible may be
received as evidence of pedigree.
The certification by the civil registrar
of the non-availability of records is needed
to justify the presentation of secondary
evidence, which is the photocopy of the
birth certificate of Jocelyn. (Heirs of
Ignacio Conti vs. Court of Appeals, 300
SCRA 345)
Photocopies of official receipts and
affidavits are not admissible without proof
of loss of the originals.
Hearsay evidence may be defined as
evidence that consists of testimony not
coming from personal knowledge. Hearsay
testimony is the testimony of a witness as
to what he has heard other persons say
about the facts in issue.
Housing and Land Use Regulatory
Board (HLURB)
The HLURB that has jurisdiction over
an action for specific performance filed by
a subdivision homeowner, who is a lot-
buyer or the latter’s successor-in-interest,
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against a subdivision developer. (Manila
Bankers vs. Ng Kok Wei, 418 SCRA 454)
Independent Civil Action
Is an action which is entirely distinct
and separate from the criminal action.
Such civil action shall proceed
independently of the criminal prosecution
and shall require only preponderance of
evidence.
Both substantive law (Art. 33 of the
Civil Code) and procedural law (Rule 111,
Sec. 3, Rules of Criminal Procedure)
provide for the two actions to proceed
independently of each other, therefore, no
suspension of action is authorized.
Independently Relevant Statement
The statement may be received not as
evidence of the truth of what was stated
but only as to the tenor thereof and the
occurrence when it was said,
independently of whether it was true or
false.
Indirect Contempt
The charge of indirect contempt is
initiated through a verified petition.
Indispensable Party
Non-joinder of an indispensable party
is not a ground for the dismissal of the
action.
In a suit to nullify an existing Torrens
Certificate of Title (TCT) in which a real
estate mortgage is annotated, the
mortgagee is an indispensable party.
(Metrobank vs. Hon. Alejo, 10 September
2001)
Information
It is well-settled that when the trial
court is confronted with a motion to
withdraw an Information (based on a
resolution of the DOJ Secretary), the trial
curt has the duty to make an independent
assessment of the merits of the motion.
The court must itself be convinced that
there is indeed no sufficient evidence
against the accused. (Tamargo vs.
Awingan, et. al. 9 January 2010)
In Metropolitan Manila and in
chartered cities, the case has to be
commenced only by Information.
An information is an accusation in
writing charging a person with an offense
subscribed by the prosecutor and filed
with the court.
An information is an accusation in
writing charging a person with an offense
subscribed by the prosecutor and filed
with the court.
Injunction
As a general rule, injunction will not lie to
restrain a criminal prosecution except:
1. To afford adequate protection to the
constitutional rights of the accused;
2. When necessary for the orderly
administration of justice or to avoid
oppression or multiplicity of actions;
3. When double jeopardy is clearly
apparent;
4. Where the charges are manifestly false
and motivated by the lust for
vengeance;
5. Where there is clearly no prima facie
case against the accused and a motion
to quash on that ground has been
denied. (Roberts, Jr. vs. Court of
Appeals, 254 SCRA 307 and Brocka vs.
Enrile, 192 SCRA 183)
Inquest
In the absence or unavailability of an
inquest prosecutor, the complaint may be
filed by the offended party or a peace
officer directly with the proper court on
the basis of the affidavit of the offended
party or arresting officer or person.
Interlocutory Order
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Is an order which decides some point
or matter between the commencement
and end of the suit but it is not the final
decision on the whole controversy. It
leaves something to be done by the court
before the case is finally decided o the
merits. (Metropolitan Bank & Trust Co. vs.
Court of Appeals, 356 SCRA 563; Gallardo
vs. People, 456 SCRA 494)
It is not a final and appealable order.
Interpleader
Is a special civil action which is filed
whenever conflicting claims upon the
same subject matter are or may be made
against a person who claims no interest
whatever in the subject matter, or an
interest which in whole or in part is not
disputed by the claimants, he may bring
an action against the conflicting claimants
to compel them to interplead and litigate
their several claims among themselves.
The jurisdiction for an action for
Interpleader depends upon the amount in
dispute.
Interrogatories to Parties
Procedure:
1. Any party desiring to elicit material
and relevant facts from any adverse
parties shall file and serve upon the
latter written interrogatories to be
answered by the party served or, if the
party served is a public or private
corporation or a partnership or
association, by any officer thereof
competent to testify in its behalf.
2. The interrogatories shall be answered
fully in writing and shall be signed and
sworn to by the person making them.
The party upon whom the
interrogatories have been served shall
file and serve a copy of the answers on
the party submitting the
interrogatories within fifteen (15) days
after service thereof, unless the court,
on motion and for good cause shown,
extends or shortens the time.
3. Objections to any interrogatories may
be presented to the court within ten
(10) days after service thereof, with
notice as in case of a motion; and
answers shall be deferred until the
objections are resolved, which shall be
at as early a time as is practicable.
4. Should a party fail to file and serve
written interrogatories on an adverse
party, he cannot compel the latter to
give testimony in open court or to give
deposition pending appeal, unless
allowed by the court for good cause
shown and to prevent failure of justice.
(Spouses Vicente Afulugencia and
Leticia Afulugencia, 5 February 2014)
Joinder of Causes of Action
The rule on JOINDER OF CAUSES OF
ACTION is that a party may in one
pleading assert, in the alternative or
otherwise join as many causes of action as
he may have against an opposing party,
provided that the rule on joinder of parties
is complied with;
1. The joinder shall not include special
civil actions or actions governed by
special rules, but may include causes
of action pertaining to different venues
or jurisdictions provided one cause of
action falls within the jurisdiction of a
RTC and venue lies therein; and
2. The aggregate amount claimed shall
be the test of jurisdiction where the
claims in all the causes of action are
principally for the recovery of money.
Judicial Foreclosure
The buyer in the auction sale is
entitled to a writ of possession even
before the expiration of the redemption
period upon filing of the ex parte petition
for issuance of a writ of possession and
posting of the appropriate bond.
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It is settled that the buyer in a
foreclosure sale becomes the absolute
owner of the property purchased if it is
not redeemed within a period of one (1)
year after the registration of the certificate
of sale. (LZK Holdings and Development
Corporation vs. Planters Development
Bank, 27 April 2007)
A transferee or successor-in-interest of
the auction buyer by virtue of the contract
of sale between them, is considered to
have stepped into the shoes of the auction
buyer. (Sps. Gallent vs. Velasquez, 6 April
2016)
Only one action for foreclosure need
be filed as only one contract of mortgage
had been constituted. (Bank of P.I. vs.
Green, 57 Phil. 712)
In judicial foreclosure by banks such
as DBP, the mortgagor or debtor whose
real property has been sold on foreclosure
has the right to redeem the property sold
within one year after the sale (or
registration of the sale). However, the
purchaser at the auction sale has the right
to obtain a writ of possession after the
finality of the order confirming the sale.
(Sec. 3 of Rule 68; Sec. 47 of RA 8791.
The General Banking Law of 2000). The
motion for writ of possession, however,
cannot be filed ex parte. There must be a
notice of hearing.
The deficiency claim of the bank may be
enforced against the mortgage debtor.
Judgement
If the judgment is for conviction and
the failure of the accused to appear was
without justifiable cause, he shall lose the
remedies available against the judgment
and the court shall order his arrest.
If they surrendered and filed a motion
for leave to avail of their post judgment
remedies within fifteen (15) days from
promulgation of judgment, and they have
proven that their absence at the
scheduled promulgation was for justifiable
cause, they may be allowed to avail of
said remedies within fifteen (15) days
from notice thereof. (People vs. De Grano,
5 June 2009)
Judgment or Fallo
Is the final disposition of the Court
which is reflected in the dispositive portion
of the decision.
Judgment for Money
It may only be enforced against the
estate of the deceased defendant in the
probate proceedings, by way of a claim
filed with the probate court.
Judgment Nunc Pro Tunc
An order of the court requiring a
retroactive re-dating of an order,
judgment or document filing be entered or
recorded in a judgment.
Judgment on the Pleadings
When the answer fails to tender an
issue, or otherwise admits the material
allegations of the adverse party’s
pleading.
If it does not deny the material
allegations in the complaint or admits said
material allegations of the adverse party’s
pleadings by admitting the truthfulness
thereof and/or omitting to deal with them
at all, a judgment on the pleadings is
appropriate. (Basbas vs. Sayson, 24
August 2011)
When it appears, however, that not all
the material allegations of the complaint
were admitted in the answer, because
some of them were either denied or
disputed, and the defendant has set up
certain special defenses which, if proven,
would have the effect of nullifying
plaintiff’s main cause of action, judgment
on the pleadings cannot be rendered.
(PNB vs. Aznar, 30 May 2011)
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The failure of the defendant to answer
a request for admission results to an
implied admission of all the matters which
an admission is requested.
A motion must be filed by the adverse
party. The court cannot motu proprio
render judgment on the pleadings.
In annulment of marriage, even if the
defendant admits all the allegations
therein contained, the material facts
alleged in the complaint must always be
proved.
Judicial Affidavit Rule (A.M. No. 12-8-
8-SC)
Judicial Affidavit Rule shall apply only
to criminal actions where the maximum of
the imposable penalty does not exceed six
(6) years.
However, it applies to with respect to
the civil aspect of the actions, regardless
of the penalties involved.
The judicial affidavit is not required to
be orally offered as separate documentary
evidence, because it is filed in lieu of the
direct testimony of the witness. It is
offered, at the time the witness is called
to testify, and any objection to it should
have been made at the time of the
witness was presented.
Judicial Notice
The RTC may motu proprio take
judicial notice of the street name of
methamphetamine hydrochloride is shabu,
considering the chemical composition of
shabu. (People v. Macasling, 222 SCRA
630)
In the absence of statutory authority,
the RTC may not take judicial notice of
ordinances approved by municipalities
under their territorial jurisdiction, except
on appeal from the municipal trial courts,
which took judicial notice of the ordinance
in question. (U.S. v. Blanco, 37 Phil. 126;
U.S. v. Hernandez, 31 Phil. 342)
The RTC may not generally take
judicial notice of foreign laws (In re Estate
of Johnson, 39 Phil. 156; Fluemer vs. Hix,
54 Phil. 610), which must be proved like
any other matter of fact (Sy Joc Lieng v.
Sy Quia, 16 Phil. 137) except in a few
instances, the court in the exercise of its
sound judicial discretion, may take notice
of foreign laws when Philippine courts are
evidently familiar with them, such as the
Spanish Civil Code, which had taken effect
in the Philippines, and other allied
legislation. (Pardo vs. Republic, 85 Phil.
324; Delgado vs. Republic, L-2546)
The RTC may take judicial notice of
Rules and Regulations issued by quasi-
judicial bodies implementing statutes,
because they are capable of
unquestionable demonstration. (Chattamal
vs. Collector of Customs, G.R. No. 16347,
November 3,1920)
The RTC may take judicial notice of the
fact that rape may be committed even in
public places. The "public setting" of the
rape is not an indication of consent.
(People vs. Tongson, 194 SCRA 257)
The Supreme Court has taken judicial
notice of the fact that a man overcome by
perversity and beastly passion chooses
neither the time, place, occasion nor
victim. (People vs. Barcelona, 191 SCRA
100)
Three instances when a Philippine
court can take judicial notice of a foreign
law:
1. When the Philippine courts are
evidently familiar with the foreign law
(Moran. Vol. 5, p. 34, 1980 edition);
2. When the foreign law refers to the law
of nations; and
3. When it refers to a
published treatise, periodical or
pamphlet on the subject of law if the
court takes judicial notice of the fact
that the writer thereof is recognized in
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his profession or calling as expert on
the subject.
Judicial Settlement
If the decedent is an inhabitant of the
Philippines at the time of' his death,
whether a citizen or an alien, the venue
shall be in the RTC in the province in
which he resides at the time of his death,
not in the place where he used to live.
(Jao v. Court of Appeals, 382 SCRA 407)
If he is an inhabitant, of a foreign
country, the RTC of any province or city in
which he had estate shall be the venue.
The court first taking cognizance of the
case shall exercise jurisdiction to the
exclusion of all other courts. When the
marriage is dissolved by the death of the
husband or wife, the community property
shall be inventoried, administered and
liquidated, and the debts thereof paid, in
the testate or intestate proceedings of the
deceased spouse. If both spouses have
died, the conjugal partnership shall be
liquidated in the testate or intestate
proceedings of either.
Jurisdiction
In criminal cases, jurisdiction over the
person of the accused can only be
obtained through arrest or voluntary
surrender. (Dimatulac vs. Villon, 297
SCRA 679)
Is the power of the court to decide a
case on the merits.
It may not be conferred upon a court
by consent through waiver.
It should merely dismiss the
complaint. Under the Rules, the court may
dismiss the action or claim, deny the
motion or order the amendment of the
pleading but not to forward the case to
another court.
Jurisdiction over the whole complex
crime must be lodged with the trial court
having jurisdiction to impose the
maximum and most serious penalty
imposable on an offense forming part of
the complex crime. (Cuyos vs. Garcia, 160
SCRA 302)
Since the Provincial Prosecutor had no
authority to file the information, the court
did not acquire jurisdiction over the
person of the accused and over the
subject matter of the offense charged.
(Cudia vs. Court of Appeals, 284 SCRA
173) Hence, this ground is not waived if
not raised in a motion to quash and could
be raised at the pretrial.
An action for specific performance or,
in the alternative, for damages in the
amount of 180,000.00 falls within the
jurisdiction of Metropolitan Trial Courts,
Municipal Trial Courts, Municipal Trial
Court in Cities, or Municipal Circuit Trial
Court. Although an action for specific
performance is not capable of pecuniary
estimation, since the alternative demand
for damages is capable of pecuniary
estimation, it is within the jurisdiction of
the Metropolitan Trial Courts in Metro
Manila. (Cruz vs. Tan, 87 Phil. 6270
Jurisdiction of Courts (MTC, RTC, FC,
CA, SB, SC)
What determines the jurisdiction of the
court is the nature of the action pleaded
as appearing from the allegations in the
complaint. (Navida vs. Hon. Dizon, Jr., 30
May 2011)
Where the main cause of action is the
claim for damages, the amount thereof
shall be thereof shall be considered in
determining the jurisdiction of the court.
(Adm. Circular No. 09-94, 14 June 1994)
Metropolitan Trial Court (MeTC),
Municipal Trial Court in Cities (MTCC),
Municipal Trial Court (MTC), Municipal
Circuit Trial Court (MCTC)
Civil Cases:
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 Trigger Words for Remedial Law
1. Civil actions and probate proceedings,
testate and intestate, including the
grant of provisional remedies in proper
cases, where the value of the personal
property, estate, or amount of the
demand does not exceed P300,000
outside Metro Manila (MM) or does not
exceed P400,000 in MM, exclusive of
interest, damages of whatever kind,
attorney’s fees, litigation expenses,
and costs.
2. Forcible entry and unlawful detainer
3. Violation of Rental Law
4. Title to, or possession, real property,
or any interest there where the
assessed value of the property or
interest therein does not exceed
P20,000 outside MM or does not
exceed P50,000 in MM.
5. All cases of Summary Procedure
6. Small Claims
Criminal Cases:
1. Summary proceedings for violations of
city or municipal ordinances committed
within their respective territorial
jurisdiction, including traffic laws.
2. Offenses punishable
imprisonment not exceeding six (6)
years irrespective of the amount of
fine, and regardless of other imposable
accessory or other penalties, including
the civil liability arising from such
offenses or predicated thereon,
irrespective of the kind, nature, value
or amount thereof.
3. Damage to property through criminal
negligence
4. Fine not more than P4,000
5. Cases covered by Summary Procedure
6. B.P. 22
Special Jurisdiction: Over petition for
writ of habeas corpus and application for
bail if the RTC Judge in area is not
available.
Delegated jurisdiction: To hear and
decide cadastral and land registration
cases where there is no controversy
provided the value of the land to be
ascertained by the claimant does not
exceed P100,000.
Regional Trial Court (RTC)
Civil Cases:
1. Matters incapable of pecuniary
estimation.
2. Title to, possession of, or interest in,
real property with assessed value
exceeding P20,000 outside MM, or
exceeds P50,000 in MM.
3. Probate proceedings where the gross
value of the estate exceeds P300,000
outside MM, or exceeds P400,000 in
MM.
4. Admiralty or maritime cases where the
demand or claim exceeds P300,000
outside MM, or exceeds P400,000 in
MM.
5. Other actions involving property
valued at more than P300,000
outside MM, or more than P400,000
in MM.
6. Over cases not falling within the
jurisdiction of any court, tribunal,
person or body exercising judicial or
with quasi-judicial functions
7. To hear and try intra-corporate
controversies
8. Actions affecting ambassadors, other
public ministers and consuls
9. Petitions for certiorari, prohibition and
mandamus against lower courts and
bodies in petitions for quo warranto,
habeas corpus, and writ of continuing
mandamus on environmental cases.
10. Petitions for writs of habeas data and
amparo
Criminal Cases:
1. Offenses punishable with
imprisonment exceeding six (6) years
irrespective of the amount of fine, and
regardless of other imposable
accessory or other penalties, including
the civil liability arising from such
offenses or predicated thereon,
irrespective of the kind, nature, value
or amount thereof.
2. Fine exceeding P4,000
3. Libel
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4. Violation of Comprehensive Drugs Act
of 2002
5. Money Laundering except those under
Sandiganbayan
6. Criminal cases not within the exclusive
jurisdiction of the Sandiganbayan
Family Court (FC)
1. Petitions for guardianship, custody of
children, and habeas corpus involving
children
2. Petitions for adoption of children and
the revocation thereof
3. Complaints for annulment of marriage,
declaration of nullity of marriage, legal
separation, and those relating to
status and property relations of
husband and wife or those living
together under different status and
agreements, and petitions for
dissolution of conjugal partnership of
gains
4. Petitions for support and/or
acknowledgment
5. Summary judicial proceedings brought
under the Family Code
6. Petitions for declaration of status of
children as abandoned, dependent or
neglected children, petitions for
voluntary or involuntary commitment
of children, the suspension,
termination or restoration of parental
authority and other cases
7. Petitions for the constitution of the
family home
8. In areas where there are no Family
Courts, the above-enumerated cases
shall be adjudicated by the RTC.
9. Violence Against Women and their
Children (VAWC) cases
10. Cases where a minor is involved
Court of Appeals (CA)
1. In actions for the annulment of the
judgments of the RTC.
2. To issue writs of certiorari, prohibition
and mandamus against RTC, CSC,
other quasi-judicial agencies, and the
NLRC, and writ of kalikasan.
3. To issue writs of certiorari, prohibition
and mandamus against lower courts
and bodies and writs of quo warranto,
habeas corpus, whether or not in aid
of its appellate jurisdiction, and writ of
continuing mandamus on
environmental cases.
4. Petitions for writs of amparo and
habeas data.
5. Appellate jurisdiction by way of
ordinary appeal from the RTC and the
Family Courts.
6. By way of petition for review from the
RTC rendered by the RTC in the
exercise of its appellate jurisdiction.
7. By way of petition for review from the
decisions, resolutions, orders or
awards of the CSC and other bodies
mentioned in Rule 43 and the Office of
the Ombudsman in administrative
disciplinary cases.
8. Over decisions of MTCs in cadastral or
land registration cases pursuant to its
delegated jurisdiction; this is because
decisions of MTCs in these cases are
appealable in the same manner as
decision of the RTCs.
Sandiganbayan (SB)
1. Violations of Anti-graft and Corrupt
Practices Act
2. Violations of Anti Ill Gotten Wealth Act
3. Bribery where one or more of the
principal accused are occupying the
following positions in the government,
whether in permanent, acting or
interim capacity at the time of the
commission of the offense:
a. "Officials of the executive branch
occupying the positions of regional
director and higher, otherwise
classified as Grade '27' and
higher, of the Compensation and
Position Classification Act of 1989
(Republic Act No. 6758),
specifically including:
i. "Provincial governors, vice-
governors, members of the
sangguniang panlalawigan and
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provincial treasurers, 5. Civil and criminal cases filed pursuant

assessors, engineers and other
provincial department heads;
ii. "Mayors, vice-mayors,
members of the sangguniang
panlungsod, city treasurers,
assessors engineers and other
city department heads;
iii. "Officials of the diplomatic
service occupying the position
of consul and higher;
iv. "Philippine army and air force
colonels, naval captains, and all
officers of higher rank;
v. "Officers of the Philippine
National Police while occupying
the position of provincial
director and those holding the
rank of senior superintendent
or higher;
vi. "City and provincial prosecutors
and their assistants, and
officials and prosecutors in the
Office of the Ombudsman and
special prosecutor;
vii. "Presidents, directors
trustees, or managers
government-owned or
controlled corporations, state
universities or educational
institutions or foundations;
b. "Members of Congress and officials
thereof classified as Grade'27'and
up under the Compensation and
Position Classification Act of 1989;
c. "Members of the judiciary without
prejudice to the provisions of the
Constitution;
d. "Chairmen and members of
Constitutional Commissions,
without prejudice to the provisions
of the Constitution; and
e. "All other national and local
officials classified as Grade'27'and
higher under the Compensation
and Position Classification Act of
1989.
4. Other offenses or felonies committed
by the public officials and employees
to and in connection with EO Nos. 1, 2,
14-A (Sec. 4, 8249)
6. Petitions for writs of habeas data and
amparo
Supreme Court (SC)
1. Petitions for certiorari, prohibition,
mandamus against the CA, COMELEC,
COA, CTA, Sandiganbayan,
Ombudsman [this is actually the mode
of review (in criminal cases only; not
in administrative cases which are
appealable to CA under Rule 43)].
2. Petitions for certiorari, prohibition and
mandamus against the RTC, CSC,
quasi-judicial agencies, and writ of
kalikasan (which may be filed with SC
or CA), all subject to the doctrine of
hierarchy of courts.
3. Petitions for quo warranto, and writs of
habeas corpus, all subject to hierarchy
of courts.
4. Petitions for writs of amparo and
or habeas data.
of 5. In cases affecting ambassadors, public
- ministers and consuls.
6. Petition for review on certiorari (appeal
by certiorari under Rule 45) against
CA, Sandiganbayan, RTC on pure
questions of law; and in cases
involving the constitutionality or
validity of a law or treaty, international
or executive agreement, law,
presidential decree, proclamation,
order, instruction, ordinance or
regulation, legality of a tax, impost,
assessment, toll or penalty,
jurisdiction of a lower court; and CTA
in its decisions rendered en banc.
Factual Issues May Be Resolved Under
the following Circumstances:
1. When the findings are grounded
entirely on speculation, surmises or
conjectures
2. When the inference made is manifestly
mistaken, absurd or impossible
3. When there is grave abuse of
discretion

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4. When the judgment is based on
misapprehension of facts
5. When the findings of facts are
conflicting
6. When in making its findings the CA
went beyond the issues of the case, or
its findings are contrary to the
admissions of both the appellant and
the appellee
7. When the findings are contrary to the
trial court
8. When the findings are conclusions
without citation of specific evidence on
which they are based
9. When the facts set forth in the petition
as well as in the petitioner’s main and
reply briefs are not disputed by the
respondent
10. When the findings of fact are premised
on the supposed absence of evidence
and contradicted by the evidence on
record
11. When the CA manifestly overlooked
certain relevant facts not disputed by
the parties, which, if properly
considered, could justify a different
conclusion
Jurisdiction Over the Person
Jurisdiction over the person of a
plaintiff is acquired by the court upon the
filing of plaintiff’s complaint therewith.
Residency or citizenship is not a
requirement for filing a complaint.
Just Compensation
It’s determination is a judicial function
and Congress may not supplant or prevent
the exercise of judicial discretion to
determine just compensation. (EPZA vs.
Dulay, 149 SCRA 305)
Katarungang Pambarangay
The required conciliation/mediation
before the proper Barangay as mandated
by the Local Government Code governs
only when the parties to the dispute reside
in the same city or municipality, and if
involving real property, as in this case, the
property must be situated also in the
same city or municipality.
The execution of settlement or
agreement may only be made within the
period of six (6) months. Otherwise, the
prevailing party should move to execute
the settlement or agreement in the
appropriate city or municipal court.
The object of the Katarungang
Pambarangay Law is to effect an amicable
settlement of disputes among family and
barangay members at the barangay level
without judicial recourse and consequently
help relieve the courts of docket
congestion.
The conciliation proceedings under the
Katarungang Pambarangay Law, lawyers
are prohibited from appearing for the
parties. Parties must appear in person
only except minors or incompetents who
may be assisted by their next of kin who
are not lawyers.
The Lupon of each barangay shall have
the authority to bring together the parties
actually residing in the same municipality
or city for amicable of all disputes except:
1. Where one party is the government or
any subdivision or instrumentality
thereof
2. Where one party is a public officer or
employee, and the dispute relates to
the performance of his official
functions
3. Offenses punishable by imprisonment
exceeding one (1) year of a fine
exceeding P5,000
4. Offenses where there is no private
offended party
5. Where the dispute involves real
properties located in different cities or
municipalities unless the parties
thereto agree to submit their
differences to amicable settlement by
an appropriate lupon
6. Disputes involving parties who actually
reside in barangays of different cities
or municipalities, except where such
barangay units adjoin each other and
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the parties thereto agree to submit
their differences to amicable
settlement by an appropriate lupon
7. Such other classes of disputes which
the President may determine in the
interest of justice or upon the
recommendation of the Secretary of
Justice
8. Any complaint by or against
corporations, partnerships, or judicial
entities. The reason is that only
individuals shall be parties to a
barangay conciliation proceedings
either as complainants or respondents
9. Disputes where urgent legal action is
necessary to prevent injustice from
being committed or further continued,
specifically:
a. A criminal case where the accused
is under police custody or
detention
b. A petition for habeas corpus by a
person illegally detained or
deprived of his liberty or ne acting
in his behalf
c. Actions coupled with provisional
remedies, such as preliminary
injunction, attachment, replevin
and support pendente lite
d. Where the action may be barred by
a statute of limitations
10. Labor disputes or controversies arising
from employer-employee relationship
11. Where the dispute arises from CARL
12. Actions to annul judgment upon a
compromise which can be directly filed
in court
Lawyer-Client Privilege
The subject on which the counsel
would be examined has been made public
in the affidavit he offered and thus, no
longer privileged, aside from the fact that
it is in respect of what the counsel
witnessed during the incident and not to
the communication made by the client to
him or the advice he gave thereon in his
professional capacity.
Letters of Administration
A petition for issuance of letters of
administration may be contested on either
of two grounds: (1) the incompetency of
the person for whom letters are prayed
therein; and (2) the contestant’s own
right to the administration.
A petition for letters of administration
may be filed by any “interested person”.
Unless it is shown that the court
gravely-abused its discretion in appointing
the illegitimate child as administrator,
instead of the spouse, the appointment is
valid. While the spouse enjoys preference,
it appears that the spouse has neglected
to apply for letters of administration within
thirty (30) days from the death of the
decedent. (Gaspay, Jr. vs. Court of
Appeals, 238 SCRA 163)
Levy on Execution
Is a manner of satisfying or executing
judgment where the sheriff may sell
property of the judgment obligor if he is
unable to pay all or part of the obligation
in cash, certified bank check or any other
manner acceptable to the obligee. If the
obligor does not chose which among his
property may be sold, the sheriff shall sell
personal property first and then real
property second.
The option to immediately choose
which property or part thereof may be
levied upon, sufficient to satisfy the
judgment, is vested by law upon the
judgment obligor.
Libel
The venue for the civil action shall be
the place where the defamatory article
was printed and first published.
The civil action for damages in cases
of written defamation may be filed
separately in the Regional Trial Court were
the libelous article was printed and first
published, regardless of the amount of
damages being claimed.
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Litis Pendentia
The question of who between the
spouses should have custody of their
minor child could also be determined in
the petition for declaration of nullity of
their marriage which is already pending.
In other words, the petition filed, praying
for custody of the minor child is
unnecessary and violates only the cardinal
rules of procedure against multiplicity of
suits. Hence, the latter suit may be abated
by a motion to dismiss on the ground of
litis pendentia. (Yu v. Yu, 484 SCRA 485)
Mandamus
Mandamus does not lie to compel the
performance of a discretionary duty.
(Paloma vs. Mora, 23 September 2005)
Mandamus is available to enforce the
accused’s constitutional right to a speedy
trial which was capriciously denied to him.
There is absolutely no justification for
postponing an arraignment of the accused
nineteen (19) times and over a period of
two (2) years. The numerous,
unreasonable postponements of the
arraignment demonstrate an abusive
exercise of discretion. (Lumanlaw v.
Peralta, 482 SCRA 396)
The remedy applies only where
petitioner’s right is founded clearly in law,
now when it is doubtful.
Marital Disqualification
It prohibits one spouse from testifying
for or against the other without the
latter’s consent except in civil case by one
against the other, or in a criminal case for
a crime committed by one spouse against
the other or the latter’s directs descendant
or ascendant.
It is well-settled that the marital
disqualification rule does not apply when
the marital and domestic relations are so
strained between spouses because there
is no more harmony, peace or tranquility
to be preserved.
Their child may not be compelled to
testify but is free to testify
against either of them.
Miranda Rights
The uncounselled extrajudicial
confession without a valid waiver of
Miranda Rights, is inadmissible, as well as
any information derived therefrom.
The accused was not informed of his
right to be warned and he was not
informed of the Miranda Rights particularly
the right to remain silent. Additionally, it
does not appear that the counsel present
is his counsel of his choice.
Waiver of the right to a lawyer must
be done in writing and in the presence of
independent counsel. (People vs Mahinay,
302 SCRA 455; People vs. Espiritu, 302
SCRA 533)
The sworn statement is not admissible
in evidence because it was taken without
informing him of his custodial rights and
without the assistance of counsel which
should be independent and competent and
preferably of the choice of the accused.
(People vs. Januario, 267 SCRA 608)
Modes of Discovery
In the absence of special provisions,
the rules provided for in ordinary civil
actions shall be, as far as practicable,
applicable in special proceedings.
Modes of Discovery:
1. DEPOSITION. By leave of court after
jurisdiction has been obtained over
any defendant or over property which
is the subject of the action, or without
such leave after an answer has been
served, the testimony of any person,
whether a party or not, may be taken,
at the instance of any party, by
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deposition upon oral examination or
written interrogatories.
2. INTERROGATORIES TO PARTIES.
Under the same conditions, any party
shall file and serve upon any adverse
party written interrogatories regarding
material and relevant facts to be
answered by the party served.
3. ADMISSION BY ADVERSE PARTY. At
any time after issues have been
joined, a party may file and serve
upon any other party a written request
for the admission by the latter of the
genuineness of any material and
relevant document or of the truth of
any material and relevant matter of
fact.
4. PRODUCTION OR INSPECTION OF
DOCUMENTS OR THINGS. Upon
motion of any party showing good
cause therefore, a court may order any
party to produce and permit the
inspection and copying or
photographing of any designated
documents, etc. or order any party to
permit entry upon designated land or
property for inspecting, measuring,
surveying, or photographing the
property or any designated relevant
object or operation thereon.
5. PHYSICAL AND MENTAL EXAMINATION
OF PERSONS. in an action in which the
mental or physical condition of a party
is in controversy, the court in which
the action is pending may in its
discretion order him to submit to a
physical or mental examination by a
physician.
Motion
A motion is a mere application for
relief other than by a pleading.
Motion for Reconsideration
Motion for reconsideration must
contain notice of hearing, otherwise, it is
defective.
Motion to Dismiss the Complaint (Civil
Case)
Nonjoinder and misjoinder of parties is
not a ground for dismissal of actions.
It should merely dismiss the
complaint. Under the Rules, the court may
dismiss the action or claim, deny the
motion or order the amendment of the
pleading but not to forward the case to
another court.
Grounds for Motion to Dismiss:
1. That the court has no jurisdiction over
the person of the defending party;
2. That the court has no jurisdiction over
the subject matter of the claim;
3. That venue is improperly laid;
4. That the plaintiff has no legal capacity
to sue;
5. That there is another action pending
between the same parties for the same
cause;
6. That the cause of action is barred by a
prior judgment or by the statute of
limitations;
7. That the pleading asserting the claim
states no cause of action;
8. That the claim or demand set forth in
the plaintiff's pleading has been paid,
waived, abandoned, or otherwise
extinguished;
9. That the claim on which the action is
founded is unenforceable under the
provisions of the statute of frauds; and
10. That a condition precedent for filing
the claim has not been complied with.
Motion to Quash the Information
(Criminal Case)
Grounds to Quash the Information:
1. That the facts charged do not
constitute an offense;
2. That the court trying the case has no
jurisdiction over the offense charged;
3. That the court trying the case has no
jurisdiction over the person of the
accused;
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4. That the officer who filed the
information had no authority to do so;
5. That it does not conform substantially
to the prescribed form;
6. That more than one offense is charged
except when a single punishment for
various offenses is prescribed by law;
7. That the criminal action or liability has
been extinguished;
8. That it contains averments which, if
true, would constitute a legal excuse
or justification; and
9. That the accused has been previously
convicted or acquitted of the offense
charged, or the case against him was
dismissed or otherwise terminated
without his express consent.
Multiplicity of Suits
The law abhors the multiplicity of
suits.
Municipal Trial Court (MTC)
Decisions of the MTC in the exercise of
its original jurisdiction can be appealed to
the Regional Trial Court (RTC) under Rule
40.
The judgment of the MTC in the
exercise of its delegated jurisdiction in
land registration cases shall be appealable
in the same manner as decisions of the
RTC. Thus, an ordinary appeal to the
Court of Appeals (CA) by filing a notice of
appeal is the appropriate remedy.
It is settled that forcible entry and
unlawful detainer cases are within the
exclusive original jurisdiction of the MTC.
Inferior courts have jurisdiction to
resolve questions of ownership only
whenever it is necessary to decide the
question of possession in an ejectment
case. (Serrano vs. Spouses Gutierrez, 10
November 2006)
See Jurisdiction of Courts.
Necessary Party
The effect of the non-joinder of a
necessary party may be stated as follows:
The court may order the inclusion of an
omitted necessary party if jurisdiction
over his person may be obtained. The
failure to comply with the order for his
inclusion without justifiable cause to a
waiver of the claim against such party.
The court may proceed with the action but
the judgment rendered shall be without
prejudice to the rights of each necessary
party.
Newly Discovered Evidence
Requisites:
1. The evidence was discovered after the
trial
2. Such evidence could not have been
discovered and produced at the trial
with reasonable diligence
3. Tat it is material, not merely
cumulative, corroborative or
impeaching, and is of such weigh that,
if admitted will probably change the
judgment. (Commissioner of Internal
Revenue vs. A. Soriano Corporation,
267 SCRA 313)
Nolle Prosequi
Is a Latin phrase meaning “will no
longer prosecute” or a variation on the
same. It amounts to a dismissal of
charges by the prosecution.
When a criminal case is dismissed on
nolle prosequi before the accused is
placed on trial and before he is called on
to plead, this is not equivalent to an
acquittal and does not bar a subsequent
prosecution for the same offense. (Galvez
vs. Court of Appeals, 237 SCRA 685.
Non-Human Evidence
The law permits it on the ground that
machines and animals, unlike humans,
lack a conscious motivation to tell
falsehoods, and because the workings of
machines can be explained by human
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witnesses who are then subject to cross-
examination by opposing counsel.
Object Evidence
Are those addressed to the senses of
the court.
Objections
Two (2) kinds:
1. The evidence being presented is not
relevant to the issue;
2. The evidence is incompetent or
excluded by the law or the rules
An example of the first is when the
prosecution offers as evidence the alleged
offer of an Insurance company to pay for
the damages suffered by the victim in a
homicide case.
An example of the second is the
evidence obtained in violation of the
Constitutional prohibition against
unreasonable searches and seizures and
confessions and admissions in violation of
the rights of a person under custodial
Investigation.
Offer
Testimonial evidence is formally
offered at the time the witness is called to
testify.
Documentary evidence is formally
offered after the presentation of the
testimonial evidence.
The same is true with object evidence.
It is also offered after the presentation of
the testimonial evidence.
Office of the Solicitor General (OSG)
In the discharge of its task, the
primordial concern of the OSG is to see to
it that the best interests of the
government is upheld. (COMELEC vs.
Quijano-Padilla, 389 SCRA 353)
Decision of the Regional Trial Court
(RTC) granting the Declaration of
Presumptive Death in a special proceeding
is immediately final and executory, hence,
the remedy of the Office of the Solicitor
General (OSG) is to file petition for
certiorari on the premise of grave abuse of
discretion amounting to lack or excess of
jurisdiction.
Ombudsman
Decisions in administrative cases can
be appealed by petition for review under
Rule 43 before the Court of Appeals (CA).
Decisions in criminal cases can be filed
with the Supreme Court under certiorari of
Rule 65.
The Ombudsman is expressly
authorized to issue an order of preventive
suspension of not more than six (6)
months without pay. (Lastimosa vs.
Vasquez)
The Ombudsman may utilize the
personnel of his office and/or designate or
deputize any fiscal, state prosecutor or
lawyer in the government service to act as
a special investigator or prosecutor to
assist in the investigation and prosecution
of certain cases. Those designated or
deputized to assist him herein provided
shall be under his supervision and control.
One-Day Examination of Witness Rule
(A.M. No. 03-1-09-SC)
A witness has to be fully examined in
one (1) day only. This rule shall be strictly
adhered to subject to the court’s
discretion during trial on whether or not to
extend the direct and/or cross-
examination for justifiable reasons.
Opinion of the Court
Is contained in the body of the
decision that serves as guide or
enlightenment to determine the ratio
decidendi of the decision.
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Order of Execution
An Order of Execution issued by the
Regional Trial Court (RTC) may be
questioned by filing a petition for certiorari
under Rule 65 before the Court of
Appeals.
Parol Evidence Rule
It is an oral agreement not included in
the document.
When the terms of an agreement are
reduced in writing, it is deemed to contain
all the terms agreed upon and no evidence
of such terms can be admitted other than
the contents of the said written
agreement. (Financial Building
Corporation vs. Rudlin International
Corporation, 4 October 2010)
It is designed to give certainty to a
transaction which has been reduced to
writing, because written evidence is much
more certain and accurate than that which
rests on fleeting memory only. (Francisco,
Rules of Court Vol. VII, Part I. p. 154)
Partition
The widow and her children cannot file
a separate petition for partition pending
the probate of the will. Partition is part of
the testate estate proceeding. (Vda. de
Kilayko vs. Tengco, 207 SCRA 600)
Declaration of heirship in a settlement
proceeding is not necessary. It can be
made in the ordinary action for partition
wherein the heirs are exercising the right
pertaining to the decedent, their
predecessor-in-interest, to ask for
partition as co-owners.
Even if real property is involved, no
publication is necessary, because what is
sought is the mere segregation of the co-
owner’s Linda’s share in the property.
Paternity Filiation
How may the Heirs Impugn the Filiation?
1. If the husband should die before the
expiration of the period fixed for
bringing his action;
2. If he should die after the filing of the
complaint, without having desisted
therefrom;
3. If the child was born after the death of
the husband.
Petition for Relief from Judgment
It is available only when the judgment
or order in question is already final and
executory, i.e., no longer appealable. As
an extraordinary remedy, a petition for
relief from judgment may be availed only
in exceptional cases where no other
remedy is available.
The dismissal of petition for relief also
dissolves the writ of preliminary injunction
staying the enforcement of the judgment,
even if the dismissal is not yet final.
(Golez vs. Leonidas, 107 SCRA 187)
A petition for relief may be filed on the
grounds of fraud, accident, mistake or
excusable negligence within a period of
sixty (60) days after the petitioner learns
of the judgment or final order and not
more than six (6) months after such
judgment or final order was entered
(Soriano v. Asi, 100 Phil. 785)
Physician-Patient Communication
It involves only persons authorized to
practice medicine, surgery or obstetrics.
Pre-Trial
It is a policy of the Rules that parties
should be afforded reasonable opportunity
to bring about a complete determination
of the controversy between them,
consistent with substantial justice. The
matter is addressed to the sound and
judicious discretion of the trial court.
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The offer is not a judicial admission of
guilt because it has not been reduced in
writing or signed by the accused.
Judgment by default is not allowed by
mere failure of the defendant to appear.
The only consequence is that the plaintiff
can present his evidence ex parte and the
court may render judgment on the basis
thereof.
Remedies:
1. Motion for Reconsideration
2. Motion for New Trial
3. Appeal
4. Petition for Relief from a Judgment of
Default
5. Annulment of Judgment
6. Petition for Certiorari
If in the pretrial agreement signed by
the accused and his counsel, the accused
admits the documentary evidence of the
prosecution, it does not violate his right
against self-incrimination. (Bayas vs.
Sandiganbayan, 391 SCRA415)
After the last pleading, the plaintiff has
the duty to promptly move ex parte that
the case be set for pre-trial. The reason is
that it is the plaintiff who knows when the
last pleading has been filed and it is the
plaintiff who has the duty to prosecute.
The reason for the rule against the
admission of an offer of compromise in
civil case as an admission of any liability is
that parties are encouraged to enter into
compromises. Courts should endeavor to
persuade the litigants in a civil case to
agree upon some fair compromise. (Art.
2029, Civil Code). During pre-trial, courts
should direct the parties to consider the
possibility of an amicable settlement.
Criminal Case vs. Civil Case
1. The pre-trial in a criminal case is
conducted only "where the accused
and counsel agree"; while the pre-trial
in a civil case is mandatory.
2. The pre-trial in a criminal case does
not consider the possibility of a
compromise, which is one important
aspect of the pre-trial in a civil case.
3. In a criminal case, a pre-trial
agreement is required to be reduced to
writing and signed by the accused and
his counsel; while in a civil case, the
agreement may be contained in the
pretrial order.
Precautionary Principle
It states that when human activities
may lead to threats of serious and
irreversible damage to the environment
that is scientifically plausible but
uncertain, actions shall be taken to avoid
or diminish that threat.
Prejudicial Question
In order for a prejudicial question to
exist, the civil action must precede the
filing of the criminal action. (Dreamwork
Construction, Inc. vs. Janiola, 30 June
2009)
Elements:
1. The previously instituted civil action
involves an issue similar or intimately
related to the issue raised in the
subsequent criminal action; and
2. The resolution of such issue
determines whether or not the criminal
action may proceed.
Is an issue involved in a civil action
which is similar or intimately related to
the issue raised in the criminal action, the
resolution of which determines whether or
not the criminal action may proceed.
Preliminary Attachment
The Rules do not require prior service
of summons for the proper issuance of a
writ of attachment.
To be properly executed, it must only
be served simultaneously or at least after
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the service of summons to the defendant.
(Torres vs. Satsatin, 25 November 2009)
It is not correct to contend that the
defendant’s filing of a counterbond
constitutes a waiver of his right to proceed
against the attachment bond for the
damages he suffered from the
unwarranted attachment.
It may be issued ex parte or upon
motion with notice and hearing.
The fact that the writ of attachment was
served ahead of the summons did not
affect the jurisdiction of the court over his
person. The effect is that the writ is not
enforceable. All that is needed to be done
is to re-serve the writ. (Onate vs.
Abrogar, 241 SCRA 659)
The judgment against the surety is not
sound if due notice was not given to him
of the applicant for damages. Moreover,
the judgment against the surety cannot
exceed the amount of its counterbond.
An order of attachment may be issued
ex-parte orupon motion with notice and
hearing. The reason why the order may be
issued ex parte is: that requiring notice to
the adverse party and a hearing would
defeat the purpose of the provisional
remedy and enable the adverse party to
abscond or dispose of his property before
a writ of attachment issues. (Mindanao
Savings and Loan Association, Inc. vs.
Court of Appeals, 172 SCRA 480)
Distinguished from Garnishment
ATTACHMENT is a provisional remedy
that effects a levy on property of a party
as security for the satisfaction of any
judgment that may be recovered, while
GARNISHMENT is a levy on debts due the
judgment obligor or defendant and other
credits, including bank deposits, royalties
and other personal property not capable of
manual delivery under a writ of execution
or a writ of attachment.
Although the property of an
incompetent under guardianship is in
custodia legis, it may be attached as in
fact it is provided that in such case, a
copy of the writ of attachment shall be
filed with the proper court and notice of
the attachment served upon the custodian
of such property.
A claim, for damages may be made on
account of improper, irregular or
excessive attachment, which shall be
heard with notice to the adverse party and
his surety or sureties. (Javellana vs. D.O.
Plaza Enterprises Inc., 32 SCRA 281)
Preliminary Injunction
A writ of preliminary injunction may
not be issued ex parte. As provided in the
Rules, no preliminary injunction shall be
granted without hearing and prior notice
to the party or person sought to be
enjoined. The reason is that a preliminary
injunction may cause grave and
irreparable injury to the party enjoined.
Preliminary Investigation
The lack of preliminary investigation is
not a ground for a motion to quash.
Preliminary investigation is only a
statutory right and can be waived. The
accused should instead file a motion for
reinvestigation within five (5) days after
he learns of the filing in Court of the case
against him.
Is a provisional remedy. It may be
sought at the commencement of an action
or at any time before entry judgment
where property of an adverse party may
be attached as security for the satisfaction
of any judgment, where this adverse party
is about to depart from the Philippines,
where he has intent to defraud or has
committed fraud, or is not found in the
Philippines. Affidavit and bond is required.
It is discharged upon payment of a
counterbond.
Preponderance of Evidence
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It means that the evidence as a whole
adduced by one side is superior to that of
the other. This is applicable in civil cases.
(Sec. 1 of Rule 133; Municipality of
Moncada v. Cajuigan, 21 Phil, 184)
Decision of the Regional Trial Court
(RTC) granting the Declaration of
Presumptive Death in a special proceeding
is immediately final and executory, hence,
the remedy of the Office of the Solicitor
General (OSG) is to file petition for
certiorari on the premise of grave abuse of
discretion amounting to lack or excess of
jurisdiction.
Priest-Confessor Communication
The disqualification requires that the
same were made pursuant to a religious
duty enjoined in the course of discipline of
the sect or denomination to which they
belong and must be confidential and
penitential in character.
Privileged Communication
Under the Rule on privileged
communication, the husband or the wife,
during or after the marriage, cannot be
examined without the consent of the other
as to any communication received in
confidence by one from the other during
the marriage except in a civil case filed
by one against the other, or in criminal
case for a crime committed by one
against the other or the latter’s direct
descendants or ascendants.
Privileged communication applies only
in civil cases and not in a criminal case.
The notes, memoranda, and writings
made by counsel in pursuance of is
professional duty, form part of his private
and confidential files in the cases handled
by him, hence, privileged.
As a doctor who used to treat his
patient, he is disqualified to testify against
his patient over the latter’s objection as to
any advice or treatment given by him or
any information which he may have
acquired in his professional capacity.
Probable Cause
The determination of probable cause is
within the discretion of the prosecutor.
The remedy is an appeal to the Secretary
of Justice.
Processual Presumption
If a foreign law was pleaded as
part of the defense of defendant but no
evidence was presented to prove the
existence of said law, the presumption is
that the wordings of the foreign law are
the same as the local law. (Northwest
Orient Airlines vs. Court of Appeals, 241
SCRA 192; Moran, Vol. 6. page 34, 1980
edition; Lim vs. Collector of Customs, 36
Phil. 472). This is known as the
PROCESSUAL PRESUMPTION.
Production or Inspection of Material
Evidence
It authorizes the defense to inspect,
copy or photograph any evidence of the
prosecution in its possession after
obtaining permission from the court.
(Webb vs. De Leon, 247 SCRA 652).
The defendant has the right to inspect
and verify the original of the promissory
note so that he could intelligently prepare
his answer.
Promulgation of Judgment
Requites:
1. A valid notice of promulgation of
judgment;
2. Said notice was duly furnished to the
accused personally or thru counsel;
3. Accused failed to appear on the
scheduled date of promulgation of
judgment despite due notice;
4. Such judgment be recorded in the
criminal docket;
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5. Copy of said judgment had been duly
served upon the accused or his
counsel.
In the absence of the accused, the
promulgation shall be made by recording
the Judgment in the criminal docket and a
copy thereof served upon the accused or
counsel.
The trial court cannot order the arrest
of the accused if the judgment is one of
acquittal and, in any event, his failure to
appear was with justifiable cause since he
had to attend to another criminal case
against him.
Prosecution of Civil Action
If the judgment of acquittal in the
criminal case finds that the act or
omission from which the civil liability may
arise does not exist, the court may receive
it in evidence over the objection by the
Complainant.
Prosecution of Offenses
The aggravating circumstance of
unlawful entry in the complainant’s abode
has to be specified in the information;
otherwise, it cannot be considered as
aggravating.
In case of a minor, to file the
complaint herself independently of her
grandparents, because she is not
incompetent or incapable to doing so upon
grounds other than her minority.
If she was prevented by her
grandparents to file charges for rape, any
witness may files a complaint against the
offender.
Provisional Dismissal
The provisional dismissal of the case
was proper because the accused gave his
express consent thereto and the offended
party was notified. It was not necessary
for the offended party to give her consent
thereto.
Provisional dismissal shall become
permanent one (1) year in the case of
penalty not more than six (6) years or two
(2) years in the case of penalty exceeding
six (6) years after issuance of the order.
Provisional Remedies
The provisional remedies under the
Rules are:
1. Preliminary attachment;
2. Preliminary injunction;
3. Receivership;
4. Replevin; and
5. Support pendente lite.
Publication
The publication of the settlement does
not constitute constructive notice to the
heirs who had no knowledge or did not
take part in it because the same was
notice after the fact of execution. The
requirement of publication is intended for
the protection of creditors and was never
intended to deprive heirs of their lawful
participation in the decedent’s estate. She
can file the action therefor within four (4)
years after the settlement was registered.
Quasi-Judicial Agencies
Housing and Land Use Regulatory
Board (HLURB)
The HLURB that has jurisdiction over
an action for specific performance filed by
a subdivision homeowner, who is a lot-
buyer or the latter’s successor-in-interest,
against a subdivision developer. (Manila
Bankers vs. Ng Kok Wei, 418 SCRA 454)
National Labor Relations Commission
(NLRC)
The mode of review is via a special
civil action for certiorari under Rule 65,
but pursuant to the hierarchy of courts
enunciated in the case of St. Martin’s
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Funeral Homes vs. NLRC, the same should
be filed in the Court of Appeals.
Question of Fact
When the doubt or difference arises as
to the truth or falsehood of alleged facts.
(Ramos vs. Pepsi-Cola Bottling Co. of the
Phil., 19 SCRA 289)
Question of Law
When the doubt or difference arises as
to what the law is on a certain state of
facts. (Ramos vs. Pepsi-Cola Bottling Co.
of the Phil., 19 SCRA 289)
Quo Warranto
When the Solicitor General commences
the action for quo warranto, it may be
brought in a RTC in the City of Manila, as
in this case, in the Court of Appeals or in
the Supreme Court.
Receivership
The Rules provide that receivership is
proper in an action by the mortgagee for
the foreclosure of a mortgage when it
appears that the property is in danger of
being wasted or dissipated or materially
injured and that its value is probably
insufficient to discharge the mortgage
debt.
Replevin
The court shall issue an order and the
corresponding writ upon the filing of such
affidavit and approval of the bond. There
are no requirements of prior notice and
hearing.
Replevin or delivery of personal
property consists in the delivery, by order
of the court, of personal property by the
defendant to the plaintiff, upon the filing
of a bond. (Calo vs. Roldan, 76 Phil. 445)
The jurisdiction for an action for
Replevin depends upon the value of the
personal property.
Remedial Law
It is a branch of public law which
prescribes the procedural rules to be
observed in litigations, whether civil,
criminal, or administrative, and in special
proceedings, as well as the remedies or
reliefs available in each case.
Prescribes the method of enforcing
rights or obtaining redress for their
invasion. (Bustos v. Lucero, 81 Phil. 540,
650)
Implemented in our system of
government through the pillars of the
judicial system, including the prosecutory
service, our courts of justice and quasi
judicial agencies.
Remedies
Motion to Dismiss (granted); Lack of
Cause of Action
1. File a Motion for Reconsideration (MR),
if denied, file an appeal; or
2. File an MR, if denied, file a petition for
certiorari under Rule 65; or
3. File an MR, if denied, simply refile the
Complaint; or
4. Amend the Complaint.
Motion to Dismiss (denied)
1. File a Motion for Reconsideration (MR),
if denied, file a petition for certiorari
under Rule 65; or
2. File an Answer.
Before Finality of Decision
1. A motion for reconsideration;
2. A motion for new trial;
3. Appeal.
After Finality of Decision
1. Petition for relief from judgment;
2. Annulment of judgment;
3. Petition for certiorari.
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Decision of the Regional Trial Court
(RTC) granting the Declaration of
Presumptive Death in a special proceeding
is immediately final and executory, hence,
the remedy of the Office of the Solicitor
General (OSG) is to file petition for
certiorari on the premise of grave abuse of
discretion amounting to lack or excess of
jurisdiction.
Reply
A reply is generally optional. If it is not
filed, the new matters alleged in the
answer are deemed controverted.
However, since the contract of lease
attached to the answer is the basis of the
defense, by not filing a reply denying
under oath the genuineness and due
execution of said contract, the plaintiff is
deemed to have admitted the genuineness
and due execution thereof. (Toribio vs.
Bidin, 134 SCRA 162 [1985])
Res Gestae
A statement made under the influence
of a startling event is an exception being
part of res gestae.
Res Inter Alios Acta
The rights of a party cannot be
prejudiced by the act, declaration or
omission of another.
However, this rule will not apply if the
admission was made by a co-partner, co-
agent, conspirator, and privies and they
have been cross-examined in the trial
proper.
The offer to settle not being made by
the accused or with his participation is not
admissible against him under the rule of
res inter alios acta.
It does not apply if the testimony is
made in an open court and was subjected
to cross examination.
Res Judicata
The Essential Requisites of Res
Judicata are:
1. The judgment or order rendered must
be final;
2. The court rendering the same must
have jurisdiction of the subject matter
and of the parties;
3. It must be a judgment or order on the
merits; and
4. There must be between the two cases
identity of parties, identity of subject
matter, and identity of causes of
action. (San Diego vs. Cardona, 70
Phil. 281)
Res Judicata in Prion Grey
Is the criminal concept of double
jeopardy, as “res judicata” is the doctrine
of civil law. (Trinidad vs. Office of the
Ombudsman, 4 December 2007)
Reverse Trial
It is one where the defendant or the
accused present evidence ahead of the
plaintiff or prosecution and the latter is to
present evidence by way of rebuttal to the
former’s evidence.
This kind of trial may take place in a
civil case when the defendant’s Answer
pleads new matters by way of affirmative
defense, to defeat or evade liability for
plaintiff’s claim which is not denied but
controverted.
In a criminal case, a reverse trial may
take place when the accused made known
to the trial court, on arraignment, that he
adduce affirmative defense of a justifying
or exempting circumstances and thus
impliedly admitting the act imputed to
him. The trial court may then require the
accused to present evidence first, proving
the requisites of the justifying or
exempting circumstance he is invoking,
and the prosecution to present rebuttal
evidence controverting the same.
Rules of Court
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The Rules of Court should be liberally
construed in order to promote their
objective of securing a just, speedy and
inexpensive disposition of every action
and proceeding.
Sandiganbayan
The Sandiganbayan has jurisdiction
over crimes committed by a consul or
higher official in the diplomatic service.
Search Warrant
An application for search warrant may
be filed in any court within the judicial
region where the crime was committed.
If an application is filed before the
Executive Judge and Vice Executive
Judges of the Regional Trial Courts of
Manila or Quezon Cities, the same shall be
enforceable anywhere in the Philippines.
(A.M. No. 99-10-09-SC, 25 January 2000)
The judge must, before issuing the
warrant, examine personally in the form
of searching questions and answers, in
writing and under oath, the complaint and
the witnesses he may produce on facts
personally known to them and attach to
the record their sworn statements,
together with the affidavits submitted.
The general rule is that a search
warrant must be served in the day time.
By way of exception, a search warrant
may be made at night when it is positively
asserted in the affidavit that the property
is on the person or in the place ordered to
be searched. (Alvares vs. CFI of Tayabas)
A search warrant shall be valid only for
ten (10) days from its date.
The search warrant should particularly
describe the person or things to be seized.
Possession of an “unlicensed firearm”
is a criminal offense and the police officer
may seize an article which is the “subject
of an offense.”
The quashal of the search warrant did
not affect the validity of the seizure of the
“unlicensed firearm.”
The name of the person in the search
warrant is not important. It is not even
necessary that a particular person be
implicated (Mantaring vs. Roman, 259
SCRA 158), so long as the search is
conducted in the place where the search
will be served.
Secretary of Justice
The court is not bound by the
Resolution of the Secretary of Justice.
(Crespo vs. Mogui, 151 SCRA 462)
Self-Incrimination
The right against self-incrimination
refers to compulsory testimonial
compulsion and does not include the body
of the accused s evidence when it may be
material. (U.S. vs. Tan Teng, 23 Phil. 145)
If in the pretrial agreement signed by
the accused and his counsel, the accused
admits the documentary evidence of the
prosecution, it does not violate his right
against self-incrimination. (Bayas vs.
Sandiganbayan, 391 SCRA415)
Extracting a blood sample and cutting
a strand from the hair of the accused are
purely mechanical acts that do not involve
is discretion nor require his intelligence.
The pair of short pants, which fit the
accused well, is circumstantial evidence of
his guilt, although standing alone it cannot
be the basis of conviction. The accused
cannot object to the court requiring him to
put the short pants on. It is not part of his
right against self-incrimination because it
is a mere physical act.
Settlement of Estate
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The rule on special proceedings
ordinarily require that the estate of the
deceased should be judicially administered
thru an administrator or executor, except:
1. Extrajudicial settlement of estate
2. Whenever the gross value of the
estate of a deceased person, whether
he died testate or intestate, does not
exceed ten thousand pesos (P10,000)
Extrajudicial Settlement of Estate
Extrajudicial settlement of an estate of
a deceased is allowed only when the
deceased left no last will and testament
and all debts, if any, are paid.
It by agreement between or among
the heirs of the deceased may be had only
when the decedent left no will.
If the decedent left no will and no
debts, and the heirs are all of age, the
parties may, without securing letters of
administration, divide the estate among
themselves by means of a public
instrument or by stipulation in a pending
action for partition and shall file a bond
with the register of deeds in an amount
equivalent to the value of the personal
property involved as certified to under
oath by the parties concerned.
If there is only one heir, he may
adjudicate to himself the entire estate by
means of an affidavit filed in the office of
the register of deeds.
The parties or the sole heir shall file
simultaneously abound with the register of
deeds, in an amount equivalent to the
value of the personal property as certified
to under oath by the parties and
conditioned upon the payment of any just
claim that may be filed later.
Small Claims (A.M. No. 8-8-7-SC)
Decision in a small claims cases is final
and appealable, hence, petition for
certiorari should be filed before the
Regional Trial Court (RTC).
Jurisdiction:
1. MeTC, MTCC, MCTC, and MTC shall
have jurisdiction over actions for
payment of money where the value of
the claim does not exceed P300,000
exclusive of interest and costs
2. Actions covered are (a) purely civil in
nature where the claim or relief prayed
for by the plaintiff is solely for
payment or reimbursement of sum of
money, and (b) the civil aspect of
criminal actions, either filed before the
institution of the criminal action, or
reserved upon the filing of the criminal
action in court.
3. Claims for money owed under the
contracts of lease, loan, service, sale,
or mortgage
4. For damages arising from fault or
negligence, quasi-contract, or contract
5. The enforcement of a barangay
amicable settlement or an arbitration
award involving a money claim
Solicitor General
In criminal proceedings, the Solicitor
General has the authority to represent the
people on appeal in the Court of Appeals
or in the Supreme Court. (Cariño vs. de
Castro, 30 April 2008)
When the Solicitor General commences
the action for quo warranto, it may be
brought in a RTC in the City of Manila, as
in this case, in the Court of Appeals or in
the Supreme Court.
Special Proceeding
A SPECIAL PROCEEDING is a remedy
by which a party seeks to establish a
status, a right or a particular fact.
Special Prosecutor
The Special Prosecutor has the power
and authority, under the supervision and
control of the Ombudsman, to conduct
preliminary investigation and prosecute
criminal cases before the Sandiganbayan
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and perform such other duties assigned to
him by the Ombudsman. (Calingin vs.
Desierto, 529 SCRA 720)
Absent a clear delegation of authority
from the Ombudsman to the Special
Prosecutor to file the information, the
latter would have no authority to file the
same. The Special Prosecutor cannot be
considered an alter ego of the
Ombudsman as the doctrine of qualified
political agency does not apply to the
office of the Ombudsman.
Specific Performance
Those who contravene the tenor of the
obligation are liable for damages.
Speedy Trial
The right to a speedy trial is
guaranteed by the Constitution to every
citizen accused of a crime, more so when
is under preventive imprisonment.
Splitting a Cause of Action
The rule against splitting a cause of
action and its effect are that if two or
more suits are instituted on the basis of
the same cause of action, the filing of one
or a judgment upon the merits in any one
is available as a ground for the dismissal
of the others.
If two or more suits are instituted on
the basis of the same cause of action, the
filing of one or a judgment on the merits
in any one is available as a ground for the
dismissal of the others.
Status Quo Order
May be issued motu proprio on
equitable considerations, and does not
require the posting of a bond.
It is more in the nature of a cease and
desist order, since it neither directs the
doing or undoing of acts as in the case of
prohibitory or mandatory. (Garcia vs.
Mojica, 314 SCRA 207)
Stop and Frisk Rule or Searches
A stop and frisk situation must precede
a warrantless arrest. (Valdez vs. People,
23 November 2007)
It is necessary for law enforcement,
that is, enforcers should be given the legal
arsenal to prevent the commission of the
offenses. (People of the Philippines vs.
Victor Cogaed, 30 July 2014)
The police officer may be liable for
damages when the right to be secure in
one’s person, house, papers and effects
against unreasonable searches and
seizure is impaired.
And because the mere possession,
with animus, of dangerous drug (the
shabu) is a violation of the law (R.A.
9165), the suspect is in a continuing state
of committing a crime while he is illegally
possessing the dangerous drug, thus
making the arrest tantamount to an arrest
in flagrante: so the arrest is legal and
correspondingly, the search and seizure of
the shabu and the concealed knife may be
regarded as incident to a lawful arrest.
Subpoena
The defendant can refuse to comply
with the subpoena duces tecum on the
ground that he resides more than 100
kilometers from the place where he is to
testify.
Substantial Evidence
Is that amount of relevant evidence
which a reasonable mind might accept as
adequate to justify a conclusion. This is
applicable in case filed before
administrative or quasi-judicial bodies.
Substantive Law
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Is that part of the law which creates,
defines and regulates rights and
obligations, the violation of which gives
rise to cause of action. (Bustos v. Lucero,
81 Phil. 540, 650)
Support
Res judicata is not a defense in an
action for support even if the first case
was dismissed with prejudice on a joint
motion to dismiss. The plaintiff’s mother
agreed to the dismissal of the complaint
for support in view of the defendant’s
answer denying his paternity with a
counterclaim for damages. This was in the
nature of a compromise of the right of
support which is prohibited by law. (De
Asis vs. Court of Appeals, 303 SCRA 176)
Support Pendente Lite
In criminal actions where the civil
liability included support for the offspring
as a consequence of the crime and the
civil aspect thereof has not been waived or
reserved or instituted prior to its filing, the
accused may be ordered to provide
support pendente lite to the child born to
the offended party allegedly because of
the crime.
Summary Procedure
Prohibited Pleadings:
1. Motion for extension of time to file
pleadings, affidavits or any other
paper
2. Motion for New Trial, or for
reconsideration of a judgment, or for
opening of trial
3. Motion to Dismiss (except of lack of
jurisdiction over the subject matter, or
failure to comply to refer to Lupon)
4. Motion to Declare Defendant in Default
5. Motion for Bill of Particulars
6. Memoranda
7. Petition for Certiorari, mandamus, or
prohibition against any interlocutory
order issued by the court
8. Petition for Relief from Judgment
9. Dilatory Motions for Postponement
10. Interpleader
11. Reply
12. Third Party Complaint
Although summary procedure requires
merely the submission of position papers,
the evidence submitted with the position
paper must be admissible in evidence.
Photocopies of official receipts and
affidavits are not admissible without proof
of loss of the originals.
Cases Covered
Civil Cases:
1. All cases of forcible entry and unlawful
detainer, irrespective of the amount of
damages or unpaid rentals sought to
be recovered. Where the attorney’s
fees are awarded, the same shall not
exceed P20,000.
2. All other cases, except probate
proceedings where the total amount of
the plaintiff’s claim does not exceed
P100,000 outside MM or P200,000 in
MM, exclusive of interest and cost.
Criminal Cases:
1. Violations of traffic law, rules and
regulations
2. Violation of the rental law
3. Violations of municipal or city
ordinances
4. Violations of B.P. 22 or Bouncing
Checks Law
5. All other criminal cases where the
penalty prescribed by law for the
offense charged is imprisonment not
exceeding six (6) months, or a fine not
exceeding P1,000, or both, irrespective
of other imposable penalties,
accessory or otherwise, or of the civil
liability arising therefrom: Provided,
however, that in offenses involving
damage to property through criminal
negligence, this Rule shall govern
where the imposable fin does not
exceed P10,000.
Rules n Summary Procedure does not
apply to a civil case where the plaintiff’s
cause of action is pleaded in the same
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complaint with another cause of action
subject to the ordinary procedure; not t a
criminal case where the offense charged is
necessarily related to another criminal
case subject to the ordinary procedure.
Summons
Modes:
1. Personal service
2. Substituted service
3. Publication (by leave of court)
Personal Service
In an action strictly in personam,
personal service on the defendant is the
preferred mode of service, that is, by
handing a copy of the summons to the
defendant in person.
There must be at least three (3)
attempts on at least two (2) different
dates to serve the summons.
If he cannot be personally served with
summons within a reasonable time,
substituted service may be made.
If no proper service of summons is
made, the reglementary period to file a
responsive pleading was not tolled.
Substituted Service
This can be availed of if the defendant,
for excusable reasons, cannot be served
with the summons within a “reasonable
period.
There must be showing that “earnest
efforts” were exerted to personally serve
the summons on the defendant before
substituted service can be resorted to.
Requirements:
1. Impossibility of prompt personal
service;
2. Specific details in the return;
3. Substituted service effected on a
person of suitable age and discretion
residing at defendant’s house or
residence; or on a competent person
in charge of defendant’s office or
regular place of business. (Manotoc vs.
CA, 16 August 2006)
Publication
In any action where the defendant is
designated as an unknown owner, or the
like, or whenever his whereabouts are
unknown and cannot be ascertained by
diligent inquiry, service may, by leave of
court, be effected upon him by publication
in a newspaper of general circulation and
in such places and for such time as the
court may order. This rule applies to any
action whether in personam, in rem, or
quasi in rem.
Serving summons by publication is
allowed, however, the required sending of
the copy of the summons and the order of
the Court by registered mail to the last
known address of the defendant.
Extra-territorial Service
Grounds:
1. The defendant does not reside and is
not found in the Philippines;
2. The action affects the personal status
of the plaintiff or relates to;
3. The subject of which is, property
within the Philippines, in which the
defendant has or claims a lien or
interest, actual or contingent;
4. In which the relief demanded consists,
wholly or in part, in excluding the
defendant from any interest therein;
5. The property of the defendant has
been attached within the Philippines.
Service may, by leave of court, be
effected out of the Philippines by personal
service; or by publication and order of
the court shall be sent by registered mail
to the last known address of the
defendant, or in any other manner the
court may deem sufficient.
Facsimile
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Service of summons by facsimile
applies only to foreign private juridical
entity that is not registered in the
Philippines has no resident agent in the
country and does not apply to individuals.
The purpose of the summons is to
inform the defendant of the complaint
filed against him and to enable the court
to acquire jurisdiction over his person.
The effect of the absence of summons
on a judgment would make the judgment
null and void because the court would not
have jurisdiction over the person of the
defendant, but if the defendant voluntarily
appeared before the court, his appearance
is equivalent to the service of summons.
Summons must be served on an
additional defendant impleaded in the
action so that the court can acquire
jurisdiction over him, unless he makes a
voluntary appearance.
A defendant who was substituted for
the deceased need not be served with
summons because it is the court which
orders him as the legal representative of
the deceased to appear and substitute the
deceased.
Summons on a domestic corporation
through its cashier and director are not
valid under the present rules. They have
been removed from those who can be
served with summons for a domestic
corporation. Cashier was substituted by
treasurer.
Summary Judgment
For a summary of judgment to be
proper, the movant must establish that
there must be no genuine issue as to any
material fact, except for the amount of
damages, and the party presenting the
motion must be entitled to a judgment as
a matter of law.
When the facts pleaded by the parties
are disputed or contested, proceedings for
a summary judgment cannot take place of
a trial. (Smart Communications vs.
Aldecoa, 11 September 2013)
Tax Declarations
Tax Declaration are not by themselves
evidence of ownership.
Temporary Restraining Order (TRO)
Is an interlocutory order issued to
preserve the status quo, and is granted to
a party until the hearing of the application
for preliminary injunction.
The duration of the TRO issued by the
executive judge of a Regional Trial Court
(RTC) is seventy-two (72) hours from
issuance, which is issued only if there is of
extreme urgency and the applicant will
suffer grave injustice and irreparable
injury, and the duration of the TRO issued
by him as the judge assigned to the case,
may be effective for a total of twenty
(20) days, including the original period of
72 hours.
It is issued upon application of a party
and upon the posting of the required
bond.
A Justice of a Division of the Court of
Appeals may issue TRO, as authorized
under Rule 58 which additionally requires
that the action shall be submitted on the
next working day to the absent members
of the division for their ratification,
modification, or recall. (Heirs of the late
Justice Jose B.L. Reyes vs Court of
Appeals, 338 vs. 282)
Terry Search Rule
See Stop and Frisk Rule or Searches.
Third Party Claim
If the real property has been attached,
the remedy is to file a third-party claim.
The third-party claimant should make an
affidavit of his title to the property
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attached, stating the grounds of his title
thereto, and serve such affidavit upon the
sheriff while the latter has possession of
the attached property, and a copy thereof
upon the attaching party.
Totality Rule
Where the claims in all the causes of
action are principally for recovery of sum
of money, the aggregate amount of the
claim shall be the test of jurisdiction.
Trade Secrets
Trade secrets may not be the subject
of compulsory disclosure by reason of
their confidential and privileged character.
Trial in Absentia
Requisites:
1. Accused’s arraignment;
2. His due notification of the trial;
3. His unjustifiable failure to appear
during trial (Bernardo vs. People, 4
April 2007).
Unreasonable Searches and Seizure
Since the confiscated items were found
in a pace other than the one described in
the search warrant, it can be considered
as fruits of an invalid warrantless search,
the presentation of which as an evidence
is a violation of petitioner’s constitutional
guaranty against unreasonable searches
and seizure. (Del Castillo vs. People of
the Philippines, 30 January 2012)
Vallejo Standard
In assessing the probative value of
DNA evidence, courts should consider
among other things, the following data:
how the samples were collected, how they
were handled, the possibility of
contamination of the samples, whether
the proper standards and procedures were
followed in conducting the tests and the
qualification of the analyst who conducted
tests. (People vs. Vallejo, 382 SCRA 192)
Venue
Venue can be waived or if there
appears no objection from the defendant.
Refers to the place where the suit may
be filed.
In criminal actions, venue is
jurisdictional. It cannot be waived.
The stipulation in the loan agreement
that "the parties agree to sue and be sued
in the City of Manila" does not make
Manila the "exclusive venue thereof."
Verification and Certification of Non-
Forum Shopping
The signature of any of the principal
petitioners or principal parties, would
constitute a substantial compliance with
the rule on verification and certification of
non-forum shopping. There should exist a
commonality of interest among the
parties, or where the parties filed the case
as a collective, raising only one common
cause of action or presenting a common
defense, then the signature of one of the
petitioners or complainants, acting as
representative, is sufficient compliance.
(Marcos-Araneta vs. CA, 22 August 2008)
It is enough that the notary public who
notarized the verification and certification
of non-forum shopping is clothed with
authority to administer oath in that State
or foreign country.
Certification of Non-Forum Shopping
The certification against forum
shopping is only required in a complaint or
other initiatory pleading.
Substantive law (Art. 33, Civil Code)
and Sec. 3, Rule 111, Revised Rules of
Criminal Procedure, expressly authorize
the filing such action for damages entirely
separate and distinct from the criminal
action.
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This requirement is mandatory. It is
not curable by mere amendment of the
complaint but the dismissal of the case
shall be without prejudice.
One party may validly question a
decision in a regular appeal and at the
same time assail the execution pending
appeal via certiorari without violating the
rule against forum shopping. (Philippine
Nails and Wires Corporation vs. Malayan
Insurance Company, Inc., 14 February
2003)
The counsel cannot sign the anti-forum
shopping certification because it must be
executed by the plaintiff or principal party
himself. (Escorpizo vs. University of
Baguio, 306 SCRA 497)
Forum Shopping
Is the act of filing multiple suits
involving the same parties for the same
cause of action, either simultaneously or
successively, for the purpose of obtaining
a favorable judgment. (Executive
Secretary, 298 SCRA 735)
Viatory Right
The viatory right of a witness refers to
his right not to be compelled to attend
upon a subpoena, by reason of the
distance from the residence of the witness
to the place where he is to testify. It is
available only in civil cases. (People vs.
Montejo, 21 SCRA 722)
The defendant can refuse to comply
with the subpoena duces tecum on the
ground that he resides more than 100
kilometers from the place where he is to
testify.
Warrant of Arrest
In the issuance of warrant of arrest,
the mandate of the Constitution is for the
judge to personally determine the
existence of probable cause.
There is no law or rule that requires
the judge to issue a prior Order finding
probable cause before the issuance of a
warrant of arrest.
The person arrested without a warrant
shall forthwith delivered to the nearest
police station or jail.
If the offender was arrested in
flagrante delicto, an inquest proceeding
should be conducted and thereafter a case
may be filed in court even without the
requisite preliminary investigation.
Quashal of a Warrant
It is well settled that adjudication of a
motion to quash a warrant of arrest
requires neither jurisdiction over the
person of the accused nor custody of law
over the body of the accused.
If the motion to quash is denied, the
accused may file a motion for
reconsideration. If the same is denied, the
accused may resort to a petition for
certiorari under Rule 65 directly to the
Supreme court.
Warrant of Distraint and Levy
Is remedy available to local
governments and the BIR in tax cases to
satisfy deficiencies or delinquencies in
inheritance and estate taxes, and real
estate taxes. Distraint is the seizure of
personal property to be sold in an
authorized auction sale. Levy is the
issuance of a certification by the proper
officer showing the name of the taxpayer
and the tax, fee, charge or penalty due
him. Levy is made by writing upon said
certificate the description of the property
upon which levy is made.
Under the Extradition Treaty and Law,
the application of the Secretary of Justice
for a warrant of arrest need not be set for
hearing, and Juan cannot be allowed to
post bail if the court would issue a warrant
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of arrest. The provisions in the Rules of
Court on arrest and bail are not basically
applicable. (Government of the United
States of America vs. Puruganan, 389
SCRA 623)
Warrant of Seizure
Is normally applied for with a search
warrant, in criminal cases. The warrant of
seizure must particularly describe the
things to be seized.
An application for search and seizure
warrant shall be filed with the following:
(a) Any court within whose territorial
jurisdiction a crime was committed. (b)
For compelling reasons stated in the
application, any court within the judicial
region where the crime was committed if
the place of the commission of the crime
is known, or any court within the judicial
region where the warrant shall be
enforced.
Warrantless Arrest
The requirement that an offense has
just been committed means that there
must be a large measure of immediacy
between the time the offense was
committed and the time of the arrest.
If there was an appreciable lapse of
time between the arrest and the
commission of the crime, a warrant of
arrest must be secured.
In any case, personal knowledge by
the arresting officer is an indispensable
requirement to the validity of a valid
warrantless arrest.
The arresting officer is required to
deliver the person arrested without a
warrant “to the nearest police station or
jail”.
If the accused is arrested without
warrant, he is entitled a preliminary
investigation. He can move for a
reinvestigation.
Any objection to the illegality of the
arrest of the accused without a warrant is
deemed waived when he pleaded not
guilty at the arraignment without raising
the question. It is too late to complain
about a warrantless arrest after trial is
commenced and completed and a
judgment of conviction rendered against
the accused. (People vs. Cabiles, 284
SCRA 199)
A warrantless arrest requires that the
crime has in fact just been committed and
the police arresting has personal
knowledge of facts that the person to be
arrested has committed it.
Will
The will of an alien who is abroad
produces effect in the Philippines is made
in accordance with the formalities
prescribed by law of the place where he
resides, or according to the formalities
observed in his country. (Palaganas vs.
Palaganas, 26 January 2011)
Jurisdictional Facts in a petition for
probate:
1. That a person died leaving a will;
2. In case of a resident, that he resided
within the territorial jurisdiction of the
court; and
3. In the case of a non-resident, that he
left an estate within such territorial
jurisdiction.
The law favors testacy over intestacy,
hence, the probate of the will cannot be
dispensed with.
The authority of the probate court is
generally limited only to a determination
of the extrinsic validity of the will.
Probate of a will is mandatory.
(Guevarra vs. Guevarra, 74 Phil. 479)
A person having custody of the will, he
has the duty to deliver the will to the
court having jurisdiction or to the executor
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named in the will within twenty (20) days
upon learning the death of the testator.
No will shall pass shall pass either real
or personal estate unless it is proved and
allowed in the proper court.
1. Parties or assignors of parties to a
case
2. Persons in whose behalf a case is
prosecuted
3. Against an executor or administrator
4. Person of unsound mind

An order denying the probate of a will
may be overturned after the period to
appeal therefrom has lapsed by filing a
Petition for Relief or an action for
Annulment of Judgment.
After formally submitting his evidence,
the plaintiff can recall a witness with leave
of court. The court may grant or withhold
leave in its discretion as the interests of
justice may require.

If a will is found in the course of Child Witness

intestate proceedings and it is submitted
for probate, the intestate proceedings will The testimony of a child may be taken
be suspended until the will is probated. by live-link television if there is a
Upon the probate of the will, the intestate substantial likelihood that the child would
proceedings will be terminated. suffer trauma from testifying in the
presence of the accused, his counsel or
In order that a lost or destroyed will the prosecutor as the case may be. The
may be allowed, the following must be trauma must of a kind which would impair
complied with: the completeness or truthfulness of the
1. The execution and validity of the same testimony of the child. (Rule on
should be established; Examination of a Child Witness)
2. The will must have been in existence
at the time of the death of the Witness Protection, Security and
testator, or shown to have been Benefit Act
fraudulently or accidentally destroyed
in the lifetime of the testator without Advice the client to ask for a
his knowledge; and reinvestigation and convince the
3. Its provisions are clearly and distinctly prosecutor for him to move for the
proved by at least two credible discharge of the client as a state witness,
witnesses. or the accused can apply as a state
witness.
The allowance of the will from which
no appeal was taken is conclusive as to its The right to prosecute vests the
due execution. Due execution includes a prosecutor with a wide range of discretion,
finding that the will is genuine and not a including what and whom to charge.
forgery. Accordingly, the due execution of (Soberano vs. People, 472 SCRA 125)
the will cannot again be questioned in a
subsequent proceeding, not even in a Competency
criminal action for forgery of the will.
Refers to a witness who can perceive,
Witness and perceiving, can make known his
perception to others.
A witness may testify on his
impressions of the emotion, behavior, Credibility
condition or appearance of a person.
Refers to a witness whose testimony is
Disqualification: believable.

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Witness Protection, Security and
Benefit Act
Advice the client to ask for a
reinvestigation and convince the
prosecutor for him to move for the
discharge of the client as a state witness,
or the accused can apply as a state
witness.
The right to prosecute vests the
prosecutor with a wide range of discretion,
including what and whom to charge.
(Soberano vs. People, 472 SCRA 125)
Writ of Amparo (A.M. No. 07-9-12-SC)
It is a remedy available to any person
whose right to life, liberty and security has
been violated or is threatened with
violation by an unlawful act or omission of
a public officer or employee or of a private
individual or entity. The writ covers
extralegal killings, enforced
disappearances or threats.
The filing of a petition by an
immediate member of the family of the
aggrieved party already suspends the
right of all other authorized parties to file
similar petitions.
When a criminal action and separate
civil action are filed subsequent to a
petition for a writ of amparo, the latter
shall be consolidated with the criminal
action.
Judgment of the Regional Trial Court
(RTC) denying a petition for Writ of
Amparo may be appealed to the Supreme
Court (SC) within five (5) working days
from notice of adverse judgment by way
of a petition for review on certiorari under
Rues 45.
The motion to dismiss must be denied
on the ground that it is a prohibited
pleading.
The Rule does not require the petition
to allege a complete detail of the actual or
threatened violation of the victim’s rights.
It is sufficient that there be an allegation
of real threat against petitioner’s life,
liberty, and/or security. (Gen. A. Razon,
Jr. vs. Tagitis, 3 December 2009)
Is a remedy available to any person
whose right to life, liberty, and security is
violated or threatened with violation by an
unlawful act or omission of a public official
or employee, or of a private individual or
entity. The writ shall cover extralegal
killings and enforced disappearances or
threats thereof.
Writ of Continuing Mandamus
Is a writ issued by a court in an
environmental case directing any agency
or instrumentality of the government or
officer thereof to perform an act or series
of acts decreed by final judgment which
shall remain effective until judgment is
fully satisfied.
Writ of Habeas Corpus
The writ of habeas corpus shall extend
to all cases of illegal confinement or
detention by which any person is deprived
of liberty.
If the Family Court denies the petition
in relation to custody of a minor child, the
remedy is to file a notice of appeal, within
48 hours from notice of judgment or final
order to the Court of Appeals.
The Sandiganbayan may grant
petitions for Habeas corpus only in aid of
its appellate jurisdiction (R.A. 7975, as
amended by R.A 8249), not in the
exercise of “original” jurisdiction.
Is a remedy available to any individual
who is deprived of liberty or whose rightful
custody of any person is withheld, by
unlawful confinement or detention.
The period for appeal for habeas
corpus shall be 48hours from the notice of
the judgment appealed from.
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It does not authorize a court to
discharge by writ of habeas corpus a
person charged with or convicted of an
offense in the Philippines, or of a person
suffering imprisonment under lawful
judgment.
The writ of habeas corpus issued by
the Family Court in Angeles City may not
be legally enforced in Cebu City, because
the writ is enforceable only within the
judicial region to which the Family Court
belongs, unlike the writ granted by the
Supreme Court or Court of Appeals which
is enforceable anywhere in the Philippines.
The father of the deceased husband
has the personality to institute the petition
for habeas corpus of two minor girls,
because the grandparent has the right of
custody as against the mother of the two
minor girls who is a prostitute.
The petition for habeas corpus may be
filed by "some person in his behalf."
Writ of Habeas Data (A. M. No. 08-1-
16-SC)
There must be showing that the right
to privacy in life, liberty, or security is
violated or threatened by an unlawful act
or omission. The company must be shown
to be engaged in the gathering, collecting
storing of data or information regarding
the person, family, home and
correspondence of the aggrieved party.
If the petition is denied by the regional
Trial Court (RTC), the remedy is to file
verified petition for review on certiorari
under Rule 45, the appellant may raise
questions of fact or law or both, within 5
work days from date of notice of the
judgment or final order to the Supreme
Court.
Is a remedy available to any persons
whose right to privacy in life, liberty, or
security is violated or threatened with
violation by unlawful act or omission of a
public official or employee, or of a private
individual or entity engaged in the
gathering, collecting, or storing of data or
information regarding the person, family,
home and correspondence of the
aggrieved party.
Writ of Injunction (Final)
It may be granted if after trial of the
action, it appears that the applicant is
entitled to have the act or acts complained
of permanently enjoined.
Writ of Kalikasan
The filing of a petition for the issuance
of Writ of Kalikasan shall not preclude the
filing of a separate civil, criminal, or
administrative actions; thus, the petitioner
can later file a complaint for damages with
the Regional Trial Court.
The following may file a petition for
Writ of Kalikasan:
1. Natural or juridical persons
2. Entity authorized by law
3. PO’s, NGO’s, or any public interest
group accredited by or registered with
any government agency on behalf of
persons whose constitutional right to a
balanced and healthful ecology is
violated.
Reliefs under Writ of Kalikasan
1. Directing respondent to permanently
cease and desist from committing acts
or neglecting the performance of a
duty in violation of environmental laws
resulting in environmental destruction
or damage.
2. Directing the respondent or public
official, government agency, private
person or entity to protect, preserve,
rehabilitate or restore environment.
3. Directing the respondent public official,
government agency, private person or
entity to monitor strict compliance with
the decision and orders of the court.
4. Directing the respondent public official,
government agency, or private person
or entity to make periodic reports on
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the execution of the final judgment;
and
5. Such other reliefs which relate to the
right of the people to a balanced and
healthful ecology or to the protection,
preservation, rehabilitation or
restoration of the environment, except
the award of damages to individual
petitioner.
Writ of Mandamus
The dismissal of petition for relief also
dissolves the writ of preliminary injunction
staying the enforcement of the judgment,
even if the dismissal is not yet final.
(Golez vs. Leonidas, 107 SCRA 187)
As injunction as the main action is
brought specifically to obtain a judgment
perpetually restraining or commanding the
performance of an act after trial. (Del Mar
vs. PAGCOR, 346 SCRA 485)

It may be issued to control the A suit for injunction cannot aptly be

exercise of discretion when, in the filed with the Supreme Court to stop the
performance of duty, there is undue delay President of the Philippines from entering
that can be characterized as a grave into a peace agreement with the National
abuse of discretion resulting in manifest of Democratic Front, which is a purely
injustice. (Lumanlaw vs. Peralta, Jr., 13 political question. (Madarang v.
February 2006) Santamaria, 37 Phil. 304). The President
of the Philippines is immune from suit.
The COMELEC cannot be compelled by
a writ of mandamus to discharge a duty
that involves the exercise of judgment and
discretion, especially where disbursement
of public funds is concerned. (COMELEC
vs. Quijano-Padilla)

Writ of Preliminary Injunction

The requisites for the issuance:

1. A right in esse or a clear and
unmistakable right to be protected
2. A violation of that right
3. There is an urgent and permanent act
and urgent necessity for the writ to
prevent serious damage

It may not be issued without the

posting of a bond, unless exempted by the
trial court.

Is an ancillary remedy presupposes

the existence of a principal or a main
action. (Vallangca vs. Court of Appeals,
173 SCRA 42)

Its main action is to preserve the

status quo until the merits can be heard
and resolved. (Urbanes vs. Court of
Appeals)

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