Professional Documents
Culture Documents
REMEDIAL LAW
ACKNOWLEDGMENT
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Trigger Words for Remedial Law
For all those who inspired and helped me to finish this work,
I am grateful.
- The AUTHOR -
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Accion Interdictal A judgment of acquittal is immediately
executory and no appeal can be made
A summary action to recover physical therefrom. Otherwise the Constitutional
possession of the real property. protection against double jeopardy would
be violated.
All cases of forcible entry and unlawful
detainer, irrespective of the amount of Action that Survive
damages or unpaid rentals sought to be
recovered should be brought to the When the action is for recovery of
Municipal Trial Court (MTC). However, if money arising from contract, and the
not brought within one (1) year from the defendant dies before entry of final
time the cause of action accrues, RTC has judgment in the court in which the action
jurisdiction. was pending at the time of such death, it
shall not be dismissed but shall be instead
Accion Publiciana be allowed to continue until entry of final
judgment.
A plenary action to recover the right of
physical possession of the real property. When the action is for recovery of
money arising from contract, express or
R.A. No. 7691, however, vested implied, and the defendant dies before
jurisdiction over specified accion entry of final judgment in the court in
publiciana with courts of the first level which the action is pending at the time of
(Metropolitan Trial Courts, Municipal Trial such death, it shall not be dismissed but
Courts in Cities, Municipal Trial Court, and shall instead be allowed to continue until
Municipal Circuit Trial Courts) in cases entry of final judgment.
where the assessed value of the real
property involved does not exceed An action to recover real property in
P20,000.00 outside Metro Manila, or in any event survives the death of the
Metro Manila, where such value does not defendant.
exceed P50,000.00.
Actionable Document
The Regional Trial Court (RTC) has
jurisdiction if the value of the property The oath is not required of the
exceeds P20,000 outside MM or exceeds defendant, because the issue raised by
P50,000 within MM. MTC has jurisdiction the latter does not impugn the
if the value of the value of the property genuineness and due execution of the
does not exceed the above amounts. document.
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which resolution shall be made as A complaint whose cause of action has
early as practicable. not accrued yet when filed, does not gain
4. Any admission made by a party any standing in court such that no
pursuant to such request is for the amendment, whether by amendment or
purpose of the pending action only and supplemental pleading, can cure the
shall not constitute an admission by deficiency. (Swagman Hotels and Travel,
him for any other purpose nor may the Inc. vs. Court of Appeals, 455 SCRA 175)
same be used against him in any other
proceeding. A plaintiff is entitled as a matter of
5. Unless otherwise allowed by the court right to amend the complaint before a
for good cause shown and to prevent a responsive pleading is served, without
failure of justice, a party who fails to leave of court, even if there is pending
file and serve a request for admission motion to dismiss. (Remington Industrial
on the adverse party of material and Sales Corporation vs. Court of Appeals,
relevant facts at issue which are, or 382 SCRA 499)
ought to be, within the personal
knowledge of the latter, shall not be While a complaint cannot be amended
permitted to present evidence on such to confer jurisdiction on a court where
facts. there was none (Calabig vs. Villanueva,
135 SCRA 300), the rule applies where a
Adoption and Custody of Minors responsive pleading has already been filed
because in such case, amendment should
The venue of a petition for the be by leave of court. If the court is
adoption of a minor residing in the without jurisdiction, it has no jurisdiction
province is the RTC of the place in which to grant leave of court.
the petitioner resides.
A motion to dismiss is not a responsive
Affidavit of Desistance pleading, therefore, amendment is a
matter of right.
On the probative value of an affidavit
of recantation, courts look with disfavor The corresponding pleading may still
upon recantations because they can easily be amended to conform to the evidence,
be secured from witnesses, usually because the written demand to vacate,
through intimidation or for a monetary made prior to the commencement of the
consideration, Recanted testimony is ejectment suit, was presented by the
exceedingly unreliable. There is always plaintiff in evidence without objection on
the probability that it will be repudiated. the part of the defendant.
(Molina vs. People. 259 SCRA 138)
The present rules allow amendments
Amendment of the Complaint substantially altering the nature of the
cause of action. (Heirs of Marcelino
Even though an amendment of the Pagobo v. Court of Appeals, 280 SCRA
complaint before answer is a matter of 870)
right, lack of a cause of action at the
commencement of a suit is not cured by This should only be true, however,
the accrual of a cause of action when the substantial change or alteration
subsequent thereto, such that an in the cause of action or defense shall
amendment setting up the after-accrued serve the higher interests of substantial
cause of action is not allowed. (Swagman justice and prevent delay and equally
Hotels and Travel, Inc. vs. Court of promote the laudable objective of the
Appeals, 455 SCRA 175) rules which is to secure a just, speedy and
inexpensive disposition of every action
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and proceeding. (Valenzuela v. Court of The requirement before a private
Appeals, 363 SCRA 779) person may be indicted is that such
private person must be alleged to have
Amendments impleading new acted in conspiracy with a public officer.
defendants retroact to the date of the
filing of the complaint because they do not An incumbent public officer against
constitute a new cause of action. (Verzosa whom any criminal prosecution under
vs. Court of Appeals, 299 SCRA 100) valid information for graft-related crime
such as malversation is pending in court,
Amendment of the Information shall be suspended from office.
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This Rule is adopted for the prevention law. (Bautista v. Sarmiento, 138 SCRA
of fraud and is declared to be essential to 587)
the pure administration of justice. (Moran,
Vol. 5, p. 12.) If a party is in possession of Buy-bust Operation
such evidence and withholds it, the
presumption naturally arises that the The seizure of the firearm was valid
better evidence is withheld for fraudulent because it was seized in the course of a
purposes. (Francisco. Rules of Court, vol. valid arrest in a buy-bust operation. A
VII. Part I, pp, 121,122) search warrant was not necessary.
(People v. Salazar, 266 SCRA 607)
Bill of Particulars
The motion to recover the firearm
The Rules of Court authorizes the court should be filed in the court where the
to either deny or grant said motion criminal action is pending.
outright (no hearing) upon the clerk of
court bringing such motion to the Cause of Action
attention of the court.
The plaintiff may sue the defendant in
If the plaintiff failed to comply with the one complaint asserting as many causes
order of the court, the Rules authorizes of action as he may have and since all the
the court to order the striking out of the claims are principally for recovery of
pleading affected, hence, the dismissal of money, the aggregate amount shall be the
the complaint. test of jurisdiction.
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Change of Name (Rule 103) Child and Family Cases
The touchstone for the grant of a The records of child and family cases
change of name is that there be “proper in the Family Code to handle Family Court
and reasonable cause” for which the cases shall be dealt with utmost
change is sought. Petitioner must show confidentiality.
not only some proper or compelling
reason therefore but also that he will be The identity of parties in child and
prejudiced by the use of his true and family cases shall not be divulged unless
official name. (Republic vs. Court of necessary and with authority of the judge.
Appeals, 21 May 1992)
Child Witness
The change of name does not define or
effect change in one’s existing family The testimony of a child may be taken
relations or in the rights and duties by live-link television if there is a
flowing therefrom. It does not alter one’s substantial likelihood that the child would
legal capacity, civil status or citizenship; suffer trauma from testifying in the
what is altered is only the name. presence of the accused, his counsel or
(Republic vs. Court of Appeals, 21 May the prosecutor as the case may be. The
1992) trauma must of a kind which would impair
the completeness or truthfulness of the
Grounds: testimony of the child. (Rule on
1. When the name is ridiculous, Examination of a Child Witness)
dishonorable or extremely difficult to
write or pronounce; Civil Action
2. When the change results as a legal
consequence, as in legitimization; A CIVIL ACTION is one by which a
3. When the change will avoid confusion; party sues another for the enforcement or
4. When one has continuously used and protection of a right, or the prevention or
been known since childhood by a redress of a wrong.
Filipino name, and was unaware of
alien parentage; Civil Liability
5. A sincere desire to adopt a Filipino
name to erase signs of former Not extinguished despite acquittal where:
alienage, all in good faith and without 1. The acquittal is based on reasonable
prejudicing anybody; and doubt;
6. When the surname causes 2. Where the court expressly declares
embarrassment and there is no that the liability of the accused is not
showing that the desired change of criminal but only civil in nature; and
name was for a fraudulent purpose or 3. Where the civil liability is not derived
that the change of name would from or based on the criminal act of
prejudice public interest. (Republic vs. which the accused is acquitted.
Court of Appeals, 21 May 1992) (Sapiera vs. Court of Appeals, 14
September 1999).
Character Evidence
Complaint
The prosecution may introduce
evidence of the good or even bad moral In criminal case, a complaint is a
character of the victim if it tends to sworn written statement charging a
establish in any reasonable degree the person with an offense, subscribed by the
probability or improbability of the offense offended party, any peace officer or other
charged. peace officer charged with the
enforcement of the law violated.
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nullification of marriage as there was no
Constitutional Commissions marriage on the first place. (Republic of
the Philippines vs. Olaybar, 10 February
Commission on Audit (CoA) and 2014)
Commission on Elections (ComElec)
Procedural Requirements:
Decisions of CoA and ComElec can be 1. Filing a verified petition;
elevated to the Supreme Court via special 2. Naming as parties all persons who
civil action for certiorari under Rule 65. have or claim any interest which would
be affected;
Civil Service Commission (CSC) 3. Issuance of an order fixing the time
and place of hearing;
Decisions of CSC are reviewable by 4. Giving reasonable notice to the parties
petition for review under Rule 43 before named in the petition; and
the Court of Appeals. 5. Publication of the order once a week
for three consecutive seeks in a
Class Suit newspaper of general circulation.
Instances where the CA may act as a trial Decision or ruling of CTA en banc may
court: be filed with the Supreme Court a verified
1. In annulment of judgment; petition for review on certiorari under Rule
2. When a motion for new trial is granted 45.
by the CA;
3. A petition for habeas corpus shall be Cross Claim
set for hearing;
4. In a petition for the writs of amparo A cross-claim is any claim by one party
and habeas data, a hearing can be against a co-party arising out of the
conducted; transaction or occurrence that is the
5. Under the Rues of Criminal Procedure, subject matter either of the original action
the CA has the power to try case and or of a counterclaim therein.
conduct hearings, receive evidence,
and perform any and all acts A cross-claim is a claim filed by one
necessary to resolve factual issues party against a co-party arising out of the
cases which shall fall within its original transaction or occurrence that is the
and appellate jurisdiction; subject matter of the original action or a
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counterclaim therein and may include a
claim that the party against whom it is Damages
asserted is or may be liable to the cross-
claimant for all or part of a claim asserted Awards for moral and exemplary
against the cross claimant. damages cannot be the subject of
execution pending appeal. The execution
A cross-claim is against a co-party. of any award for moral and exemplary
damages is dependent on the outcome of
Distinguished from Counterclaim the main case. Liabilities for moral and
exemplary damages, as well as the exact
A COUNTERCLAIM is any claim which a amounts remain uncertain and indefinite
defending party may have against an pending resolution by the Court of Appeals
opposing party. or Supreme Court. (RCPI v. Lantin, 134
SCRA 395; International School, Inc. vs.
A counterclaim is against an opposing Court of Appeals, 309 SCRA 474)
party.
Dangerous Drugs Act
Credibility
The existence of the dangerous drug is
Refers to a witness whose testimony is a condition sine qua non for conviction.
believable. (People vs. Danzil, 26 March 2010)
The prosecution can re-file the The fact that he did not sign the
information for murder in substitution of statement point to the accused as his
the information for homicide because no assailant, because he was in critical
double jeopardy has as yet attached. condition, does not affect its admissibility
(Galvez vs. Court of Appeals, 237 SCRA as a dying declaration. A dying declaration
685) need not be in writing. (People vs.
Viovicente, 286 SCRA 1)
Doctrines
The requisites for the admissibility of a
Adoptive Admission dying declaration are:
1. The declaration is made by the
Is a party’s reaction to a statement or deceased under the consciousness of
action by another person when it is his impending death;
reasonable to treat the party’s reaction as 2. The deceased was at the time
an admission of something stated or competent as a witness;
implied by the other person. 3. The declaration concerns the cause
and surrounding circumstances of the
Bar by Prior Judgment declarant's death; and
4. The declaration is offered in a
Bar by prior-judgment is the doctrine
(criminal) case wherein the declarant's
of res judicata, which bars a second action
death is the subject of inquiry.
when there is identity of parties, subject
matter and cause of action.
Ejectment
Exhaustion of Administrative Appeal
Execution shall issue immediately upon
motion, unless:
The proper procedure to question the
1. The defendant perfects an appeal to
defect in an ECC is to follow the DENR
the Regional Trial Court (RTC);
administrative appeal process. (Paje vs.
Casiño, 3 February 2015) 2. Files a sufficient supersedeas bond to
pay the rents, damages and costs
Single Larceny accruing up to the time of the
judgment appealed from;
The taking of several things, whether 3. Deposits monthly with the RTC during
belonging to the same or different owners, the pendency of the appeal the
at the same time and place. It applies in amount of rent due from time to time.
theft cases.
There is no effect. The ejectment case
Documentary Evidence involves possession de facto only. The
action to enforce the option to purchase
Consists of writings or any material will not suspend the action of ejectment
containing letters, words, numbers, for non-payment of rentals. (Willman Auto
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Supply Corp. vs. Court of Appeals, 208 An electronic document is also the
SCRA 108) equivalent of an original document under
the Best Evidence Rule, if it is a printout
Inasmuch as all actions of forcible or output readable by sight or other
entry and unlawful detainer are subject to means, shown to reflect the data
summary procedure and since the accurately.
counterclaim is only permissive, it cannot
be entertained by the Municipal Court. The authenticity of any private
electronic document must be proved by
The lessor can contest his ejectment evidence that it had been digitally signed
on the ground that there was no prior and other appropriate security measures
demand to vacate the premises. (Casilan have been applied.
vs.Tomassi, l0 SCRA 261; Lesaca
vs.Cuevas. 125 SCRA 335) An electronic document shall be
regarded as the equivalent of an original
Forcible Entry document under the Best Evidence Rule if
it is a printout or output readable by sight
A person deprived of the possession of or other means, shown to reflect the data
any land or building by force, intimidation, accurately.
strategy, threat, stealth (FISTS) may at
anytime within one (1) year after such Electronic Evidence
withholding of possession bring an action
in the proper Municipal Trial Court (MTC) The Rules on Electronic Evidence
where the property is located. applies only to civil actions, quasi-judicial
proceedings and administrative
Grounds: proceeding, not to criminal actions. (Ang
1. The plaintiff has prior physical vs. Court of Appeals, 20 April 2010)
possession of the property
2. The defendant deprived him of such Escheat
possession by means of FISTS
The action to recover escheated
NOTE: There must be first an amicable property must be filed within five (5)
settlement of the controversy before the years or be forever barred.
appropriate Lupon or Barangay Chairman.
The venue of the escheat proceedings
Unlawful Detainer of a parcel of land in this case is the place
where the deceased last resided.
It is not required that the plaintiff be in
prior physical possession of the land Evidence
subject of the action.
Character Evidence
The judgment of the Municipal Trial
Court against the defendant is The prosecution may introduce
immediately executory upon motion evidence of the good or even bad moral
unless an appeal has been perfected, a character of the victim if it tends to
supersedeas bond has been filed and the establish in any reasonable degree the
periodic deposits of current rentals. If any, probability or improbability of the offense
as determined by the judgment will be charged.
made with the appellate court.
Documentary Evidence
Electronic Document
Consists of writings or any material
containing letters, words, numbers,
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figures, symbols or other modes of written primary, for the statement itself may
expressions, offered as proof of their constitute a fact in issue or be
contents. circumstantially relevant as to the
existence of such fact. (Gotesco
Electronic Document Investment Corporation vs. Chatto, 210
SCRA 18)
An electronic document is also the
equivalent of an original document under The certification is admissible in
the Best Evidence Rule, if it is a printout evidence. A written statement signed by
or output readable by sight or other an officer having the custody of an official
means, shown to reflect the data record or by his deputy that after diligent
accurately. search no record or entry of a specified
tenor is found to exist in the records of his
The authenticity of any private office, accompanied by a certificate as
electronic document must be proved by above provided, is admissible as evidence
evidence that it had been digitally signed that the records of his office contain no
and other appropriate security measures such record or entry.
have been applied.
Exceptions to hearsay evidence:
An electronic document shall be 1. Dying Declaration
regarded as the equivalent of an original 2. Declaration against Interest
document under the Best Evidence Rule if 3. Act or Declaration about Pedigree
it is a printout or output readable by sight 4. Family Reputation or Tradition
or other means, shown to reflect the data Regarding Pedigree
accurately. 5. Common Reputation
6. Part of the Res Gestae
Electronic Evidence 7. Entries in the Course of Business
8. Entries in Official Records
The Rules on Electronic Evidence 9. Commercial Lists and the Like
applies only to civil actions, quasi-judicial 10. Learned Treatises
proceedings and administrative 11. Testimony or Deposition at a Former
proceeding, not to criminal actions. (Ang Proceeding
vs. Court of Appeals, 20 April 2010)
The baptismal certificate can show
Hearsay Rule filiation or prove pedigree. It is one of the
other means allowed under the Rules of
The hearsay rule is a rule of evidence Court and special laws to show pedigree.
to the effect that a witness can testify only (Trinidad vs. Court of Appeals, 289 SCRA
to those facts which he knows of his own 188; Heirs of Ignacio Conti vs. Court of
knowledge or derived from his own Appeals, 300 SCRA 345)
perceptions.
Entries in the family bible may be
Consists of testimony that is not based received as evidence of pedigree.
on personal knowledge of the person
testifying. The certification by the civil registrar
of the non-availability of records is needed
The newspaper clipping is admissible to justify the presentation of secondary
in evidence. Regardless of the truth or evidence, which is the photocopy of the
falsity of a statement, the hearsay rule birth certificate of Jocelyn. (Heirs of
does not apply and the statement may be Ignacio Conti vs. Court of Appeals, 300
shown where the fact that it is made is SCRA 345)
relevant. Evidence as to the making of
such statement is not secondary but
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Photocopies of official receipts and bad faith on his part, may prove its
affidavits are not admissible without proof contents by a copy, or by a recital of its
of loss of the originals. contents in some authentic document, or
by the testimony of witnesses in the order
Hearsay evidence may be defined as stated.
evidence that consists of testimony not
coming from personal knowledge. Hearsay Examination
testimony is the testimony of a witness as
to what he has heard other persons say Cross Examination
about the facts in issue.
The cross-examination of a witness is
Opinion Evidence an absolute right, not a mere privilege of
the party against whom he is called.
Is expert evidence based on personal
knowledge skill, experience, training of If a party is deprived of the
the person testifying and evidence of an opportunity of cross examination without
ordinary witness on limited matters. fault on his part, as in case of illness and
death of a witness after a direct
If the evidence was offered without examination, he is entitled to have the
objection, it was deemed admitted. direct testimony stricken from the records.
(People vs. Manchetti, 6 August 1980)
Previous Conduct
Re-Direct Examination
Evidence that one did or did not do a
certain thing at one time is not admissible On redirect examination, questions on
to prove that he did or did not do the matters not dealt with during the cross-
same or a similar thing at another time; examination may be allowed by the court
but it may be received to prove a specific in its discretion.
intent or knowledge, identity, plan,
system, scheme, habit, custom or usage, Re-Cross Examination
and the like.
The opponent in re-cross examination
The Rules do not allow the prosecution may also ask questions on such other
to adduce evidence of bad moral character matters as may be allowed by the court in
of the accused pertinent to the offense its discretion.
charged, except on rebuttal and only if it
involves a prior conviction by final Execution, Satisfaction, and Effects of
judgment. Judgments
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The foreclosure action should be kept is in a foreign country, the certificate
brought in the proper court of the may be made by a secretary of the
province where the land or any part embassy or legation, consul general,
thereof is situated. consul, vice-consul, or consular agent or
by any officer in the foreign service of the
When the plaintiff commenced suit to Philippines stationed in the foreign country
collect on the promissory note, he waived in which the record is kept, and
his right to foreclose the mortgage. authenticated by the seal of his office.
(Zalamea v. CA, 228 SCRA 23)
Foreign Judgments
Fruit of the Poisonous Tree
Judgments of foreign courts are given
recognition in our courts, hence: Said documents having been signed by
1. In case of judgment upon a specific the accused while under custodial
thing, the judgment is conclusive upon investigation, imply an “admission”
the title to the thing, unless otherwise without the benefit of counsel.
repelled by evidence of lack of
jurisdiction, want of due notice to the Applies only where the primary source is
party, collusion, fraud, or clear shown to have been unlawfully obtained or was
mistake of law or fact; and the result of an illegal act. (People vs. Alicando,
2. In case of judgment against a person, 251 SCRA 293)
the judgment is presumptive evidence
of a right as between the parties and An illegally obtained extrajudicial
their successors in interest by confession nullifies the intrinsic validity of
subsequent title, unless otherwise the confession and renders it unreliable as
repelled by evidence on grounds above evidence of the truth. (Moran, vol. 5, p.
stated. 257) It is the fruit of a poisonous tree.
NOTE: Judgments of foreign courts may
only be enforced in the Philippines through Garnishment
an action validly heard in the Regional
Trial Court. Thus, it is actually the Is a manner of satisfying or executing
judgment of the Philippine court enforcing judgment where the sheriff may levy
the foreign judgment that shall be debts, credits, royalties, commission, bank
executed. deposits, and other personal property not
capable of manual delivery that are in the
An action upon a judgment must be control or possession of third persons and
brought within ten (10) years from the are due the judgment obligor.
time the right of action accrues. It is
merely an action in a domestic court to Serving a notice of garnishment,
enforce a foreign judgment. Foreign particularly before summons is served, is
judgments should be treated in the same not proper.
manner as domestic judgments.
A motion to discharge on the ground
Foreign Law that the writ was improvidently issued will
not lie, since such a motion would be
A written foreign law may be tantamount to trial on the merits of the
evidenced by an official publication thereof action which cannot be ventilated at a
or by a copy attested by the officer having mere hearing of the motion instead of a
the legal custody of the record, or by his regular trial.
deputy, and accompanied. If the record is
not kept in the Philippines, with a Distinguished from Attachment
certificate that such officer has the
custody, if the office in which the record is
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ATTACHMENT is a provisional remedy 8. Questioning the validity of mortgage
that effects a levy on property of a party 9. Annulling a deed of sale or
as security for the satisfaction of any reconveyance and to recover the price
judgment that may be recovered, while paid for rescission
GARNISHMENT is a levy on debts due the
judgment obligor or defendant and other xxx
credits, including bank deposits, royalties
and other personal property not capable of 10. Rescission of Contract (De Ungria vs.
manual delivery under a writ of execution Court of Appeals, 25 July 2011)
or a writ of attachment. 11. Annulment of Extrajudicial Foreclosure
(Russell vs. Vestil, 304 SCRA 738)
Global injunction 12. The Action for Partition depends on a
determination of the Hereditary Rights
Under the rules of comity, utility and of heirs, which is not capable of
convenience, nations have established a pecuniary estimation. (Russell vs.
usage among civilized states by which Vestil, 304 SCRA 738)
final judgments of foreign courts of 13. Action for Injunction
competent jurisdiction are reciprocally
respected and rendered efficacious under A may institute the proceedings in the
certain conditions that may vary in RTC in accordance with the rules of venue
different countries. (St. Aviation Services because the enforcement of the Judgment
Co., Pte., Ltd. v. Grand International is a personal action incapable of pecuniary
Airways, Inc., 505 SCRA 30; Asiavest estimation.
Merchant Bankers [M] Berhad v. Court of
Appeals, 361 SCRA 489) Hearsay Evidence Rule
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Information filed by the offended party or a peace
officer directly with the proper court on
It is well-settled that when the trial the basis of the affidavit of the offended
court is confronted with a motion to party or arresting officer or person.
withdraw an Information (based on a
resolution of the DOJ Secretary), the trial Interlocutory Order
curt has the duty to make an independent
assessment of the merits of the motion. Is an order which decides some point
The court must itself be convinced that or matter between the commencement
there is indeed no sufficient evidence and end of the suit but it is not the final
against the accused. (Tamargo vs. decision on the whole controversy. It
Awingan, et. al. 9 January 2010) leaves something to be done by the court
before the case is finally decided o the
In Metropolitan Manila and in merits. (Metropolitan Bank & Trust Co. vs.
chartered cities, the case has to be Court of Appeals, 356 SCRA 563; Gallardo
commenced only by Information. vs. People, 456 SCRA 494)
Judgment Nunc Pro Tunc Judicial Affidavit Rule shall apply only
to criminal actions where the maximum of
An order of the court requiring a the imposable penalty does not exceed six
retroactive re-dating of an order, (6) years.
judgment or document filing be entered or
recorded in a judgment. However, it applies to with respect to
the civil aspect of the actions, regardless
Judgment on the Pleadings of the penalties involved.
When the answer fails to tender an The judicial affidavit is not required to
issue, or otherwise admits the material be orally offered as separate documentary
allegations of the adverse party’s evidence, because it is filed in lieu of the
pleading. direct testimony of the witness. It is
offered, at the time the witness is called
If it does not deny the material to testify, and any objection to it should
allegations in the complaint or admits said have been made at the time of the
material allegations of the adverse party’s witness was presented.
pleadings by admitting the truthfulness
thereof and/or omitting to deal with them Judicial Notice
at all, a judgment on the pleadings is
appropriate. (Basbas vs. Sayson, 24 The RTC may motu proprio take
August 2011) judicial notice of the street name of
methamphetamine hydrochloride is shabu,
When it appears, however, that not all considering the chemical composition of
the material allegations of the complaint shabu. (People v. Macasling, 222 SCRA
were admitted in the answer, because 630)
some of them were either denied or
disputed, and the defendant has set up In the absence of statutory authority,
certain special defenses which, if proven, the RTC may not take judicial notice of
would have the effect of nullifying ordinances approved by municipalities
plaintiff’s main cause of action, judgment under their territorial jurisdiction, except
on appeal from the municipal trial courts,
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which took judicial notice of the ordinance his profession or calling as expert on
in question. (U.S. v. Blanco, 37 Phil. 126; the subject.
U.S. v. Hernandez, 31 Phil. 342)
Judicial Settlement
The RTC may not generally take
judicial notice of foreign laws (In re Estate If the decedent is an inhabitant of the
of Johnson, 39 Phil. 156; Fluemer vs. Hix, Philippines at the time of' his death,
54 Phil. 610), which must be proved like whether a citizen or an alien, the venue
any other matter of fact (Sy Joc Lieng v. shall be in the RTC in the province in
Sy Quia, 16 Phil. 137) except in a few which he resides at the time of his death,
instances, the court in the exercise of its not in the place where he used to live.
sound judicial discretion, may take notice (Jao v. Court of Appeals, 382 SCRA 407)
of foreign laws when Philippine courts are
evidently familiar with them, such as the If he is an inhabitant, of a foreign
Spanish Civil Code, which had taken effect country, the RTC of any province or city in
in the Philippines, and other allied which he had estate shall be the venue.
legislation. (Pardo vs. Republic, 85 Phil. The court first taking cognizance of the
324; Delgado vs. Republic, L-2546) case shall exercise jurisdiction to the
exclusion of all other courts. When the
The RTC may take judicial notice of marriage is dissolved by the death of the
Rules and Regulations issued by quasi- husband or wife, the community property
judicial bodies implementing statutes, shall be inventoried, administered and
because they are capable of liquidated, and the debts thereof paid, in
unquestionable demonstration. the testate or intestate proceedings of the
(Chattamal vs. Collector of Customs, G.R. deceased spouse. If both spouses have
No. 16347, November 3,1920) died, the conjugal partnership shall be
liquidated in the testate or intestate
The RTC may take judicial notice of the proceedings of either.
fact that rape may be committed even in
public places. The "public setting" of the Jurisdiction
rape is not an indication of consent.
(People vs. Tongson, 194 SCRA 257) In criminal cases, jurisdiction over the
person of the accused can only be
The Supreme Court has taken judicial obtained through arrest or voluntary
notice of the fact that a man overcome by surrender. (Dimatulac vs. Villon, 297
perversity and beastly passion chooses SCRA 679)
neither the time, place, occasion nor
victim. (People vs. Barcelona, 191 SCRA Is the power of the court to decide a
100) case on the merits.
An example of the first is when the Decisions in criminal cases can be filed
prosecution offers as evidence the alleged with the Supreme Court under certiorari of
offer of an Insurance company to pay for Rule 65.
Page 41 of 61
The Ombudsman is expressly Corporation vs. Rudlin International
authorized to issue an order of preventive Corporation, 4 October 2010)
suspension of not more than six (6)
months without pay. (Lastimosa vs. It is designed to give certainty to a
Vasquez) transaction which has been reduced to
writing, because written evidence is much
The Ombudsman may utilize the more certain and accurate than that which
personnel of his office and/or designate or rests on fleeting memory only. (Francisco,
deputize any fiscal, state prosecutor or Rules of Court Vol. VII, Part I. p. 154)
lawyer in the government service to act as
a special investigator or prosecutor to Partition
assist in the investigation and prosecution
of certain cases. Those designated or The widow and her children cannot file
deputized to assist him herein provided a separate petition for partition pending
shall be under his supervision and control. the probate of the will. Partition is part of
the testate estate proceeding. (Vda. de
One-Day Examination of Witness Rule Kilayko vs. Tengco, 207 SCRA 600)
(A.M. No. 03-1-09-SC)
Declaration of heirship in a settlement
A witness has to be fully examined in proceeding is not necessary. It can be
one (1) day only. This rule shall be strictly made in the ordinary action for partition
adhered to subject to the court’s wherein the heirs are exercising the right
discretion during trial on whether or not to pertaining to the decedent, their
extend the direct and/or cross- predecessor-in-interest, to ask for
examination for justifiable reasons. partition as co-owners.
Page 42 of 61
The dismissal of petition for relief also prosecution, it does not violate his right
dissolves the writ of preliminary injunction against self-incrimination. (Bayas vs.
staying the enforcement of the judgment, Sandiganbayan, 391 SCRA415)
even if the dismissal is not yet final.
(Golez vs. Leonidas, 107 SCRA 187) After the last pleading, the plaintiff has
the duty to promptly move ex parte that
A petition for relief may be filed on the the case be set for pre-trial. The reason is
grounds of fraud, accident, mistake or that it is the plaintiff who knows when the
excusable negligence within a period of last pleading has been filed and it is the
sixty (60) days after the petitioner learns plaintiff who has the duty to prosecute.
of the judgment or final order and not
more than six (6) months after such The reason for the rule against the
judgment or final order was entered admission of an offer of compromise in
(Soriano v. Asi, 100 Phil. 785) civil case as an admission of any liability is
that parties are encouraged to enter into
Physician-Patient Communication compromises. Courts should endeavor to
persuade the litigants in a civil case to
It involves only persons authorized to agree upon some fair compromise. (Art.
practice medicine, surgery or obstetrics. 2029, Civil Code). During pre-trial, courts
should direct the parties to consider the
Pre-Trial possibility of an amicable settlement.
It is a policy of the Rules that parties Criminal Case vs. Civil Case
should be afforded reasonable opportunity
to bring about a complete determination 1. The pre-trial in a criminal case is
of the controversy between them, conducted only "where the accused
consistent with substantial justice. The and counsel agree"; while the pre-trial
matter is addressed to the sound and in a civil case is mandatory.
judicious discretion of the trial court. 2. The pre-trial in a criminal case does
not consider the possibility of a
The offer is not a judicial admission of compromise, which is one important
guilt because it has not been reduced in aspect of the pre-trial in a civil case.
writing or signed by the accused. 3. In a criminal case, a pre-trial
agreement is required to be reduced to
Judgment by default is not allowed by writing and signed by the accused and
mere failure of the defendant to appear. his counsel; while in a civil case, the
The only consequence is that the plaintiff agreement may be contained in the
can present his evidence ex parte and the pretrial order.
court may render judgment on the basis
thereof. Precautionary Principle
Page 45 of 61
It authorizes the defense to inspect, has to be specified in the information;
copy or photograph any evidence of the otherwise, it cannot be considered as
prosecution in its possession after aggravating.
obtaining permission from the court.
(Webb vs. De Leon, 247 SCRA 652). In case of a minor, to file the
complaint herself independently of her
The defendant has the right to inspect grandparents, because she is not
and verify the original of the promissory incompetent or incapable to doing so upon
note so that he could intelligently prepare grounds other than her minority.
his answer.
If she was prevented by her
Promulgation of Judgment grandparents to file charges for rape, any
witness may files a complaint against the
Requites: offender.
1. A valid notice of promulgation of
judgment; Provisional Dismissal
2. Said notice was duly furnished to the
accused personally or thru counsel; The provisional dismissal of the case
3. Accused failed to appear on the was proper because the accused gave his
scheduled date of promulgation of express consent thereto and the offended
judgment despite due notice; party was notified. It was not necessary
4. Such judgment be recorded in the for the offended party to give her consent
criminal docket; thereto.
5. Copy of said judgment had been duly
served upon the accused or his Provisional dismissal shall become
counsel. permanent one (1) year in the case of
penalty not more than six (6) years or two
In the absence of the accused, the (2) years in the case of penalty exceeding
promulgation shall be made by recording six (6) years after issuance of the order.
the Judgment in the criminal docket and a
copy thereof served upon the accused or Provisional Remedies
counsel.
The provisional remedies under the
The trial court cannot order the arrest Rules are:
of the accused if the judgment is one of 1. Preliminary attachment;
acquittal and, in any event, his failure to 2. Preliminary injunction;
appear was with justifiable cause since he 3. Receivership;
had to attend to another criminal case 4. Replevin; and
against him. 5. Support pendente lite.
Page 48 of 61
plaintiff’s claim which is not denied but The general rule is that a search
controverted. warrant must be served in the day time.
By way of exception, a search warrant
In a criminal case, a reverse trial may may be made at night when it is positively
take place when the accused made known asserted in the affidavit that the property
to the trial court, on arraignment, that he is on the person or in the place ordered to
adduce affirmative defense of a justifying be searched. (Alvares vs. CFI of Tayabas)
or exempting circumstances and thus
impliedly admitting the act imputed to A search warrant shall be valid only for
him. The trial court may then require the ten (10) days from its date.
accused to present evidence first, proving
the requisites of the justifying or The search warrant should particularly
exempting circumstance he is invoking, describe the person or things to be seized.
and the prosecution to present rebuttal
evidence controverting the same. Possession of an “unlicensed firearm”
is a criminal offense and the police officer
Rules of Court may seize an article which is the “subject
of an offense.”
The Rules of Court should be liberally
construed in order to promote their The quashal of the search warrant did
objective of securing a just, speedy and not affect the validity of the seizure of the
inexpensive disposition of every action “unlicensed firearm.”
and proceeding.
The name of the person in the search
Sandiganbayan warrant is not important. It is not even
necessary that a particular person be
The Sandiganbayan has jurisdiction implicated (Mantaring vs. Roman, 259
over crimes committed by a consul or SCRA 158), so long as the search is
higher official in the diplomatic service. conducted in the place where the search
will be served.
Search Warrant
Secretary of Justice
An application for search warrant may
be filed in any court within the judicial The court is not bound by the
region where the crime was committed. Resolution of the Secretary of Justice.
(Crespo vs. Mogui, 151 SCRA 462)
If an application is filed before the
Executive Judge and Vice Executive Self-Incrimination
Judges of the Regional Trial Courts of
Manila or Quezon Cities, the same shall be The right against self-incrimination
enforceable anywhere in the Philippines. refers to compulsory testimonial
(A.M. No. 99-10-09-SC, 25 January 2000) compulsion and does not include the body
of the accused s evidence when it may be
The judge must, before issuing the material. (U.S. vs. Tan Teng, 23 Phil. 145)
warrant, examine personally in the form of
searching questions and answers, in If in the pretrial agreement signed by
writing and under oath, the complaint and the accused and his counsel, the accused
the witnesses he may produce on facts admits the documentary evidence of the
personally known to them and attach to prosecution, it does not violate his right
the record their sworn statements, against self-incrimination. (Bayas vs.
together with the affidavits submitted. Sandiganbayan, 391 SCRA415)
Page 49 of 61
Extracting a blood sample and cutting
a strand from the hair of the accused are The parties or the sole heir shall file
purely mechanical acts that do not involve simultaneously abound with the register of
is discretion nor require his intelligence. deeds, in an amount equivalent to the
value of the personal property as certified
The pair of short pants, which fit the to under oath by the parties and
accused well, is circumstantial evidence of conditioned upon the payment of any just
his guilt, although standing alone it cannot claim that may be filed later.
be the basis of conviction. The accused
cannot object to the court requiring him to Small Claims (A.M. No. 8-8-7-SC)
put the short pants on. It is not part of his
right against self-incrimination because it Decision in a small claims cases is final
is a mere physical act. and appealable, hence, petition for
certiorari should be filed before the
Settlement of Estate Regional Trial Court (RTC).
The Special Prosecutor has the power It is more in the nature of a cease and
and authority, under the supervision and desist order, since it neither directs the
control of the Ombudsman, to conduct doing or undoing of acts as in the case of
preliminary investigation and prosecute prohibitory or mandatory. (Garcia vs.
criminal cases before the Sandiganbayan Mojica, 314 SCRA 207)
and perform such other duties assigned to
him by the Ombudsman. (Calingin vs. Stop and Frisk Rule or Searches
Desierto, 529 SCRA 720)
A stop and frisk situation must precede
Absent a clear delegation of authority a warrantless arrest. (Valdez vs. People,
from the Ombudsman to the Special 23 November 2007)
Prosecutor to file the information, the
latter would have no authority to file the It is necessary for law enforcement,
same. The Special Prosecutor cannot be that is, enforcers should be given the legal
considered an alter ego of the arsenal to prevent the commission of the
Ombudsman as the doctrine of qualified offenses. (People of the Philippines vs.
political agency does not apply to the Victor Cogaed, 30 July 2014)
office of the Ombudsman.
The police officer may be liable for
Specific Performance damages when the right to be secure in
one’s person, house, papers and effects
Those who contravene the tenor of the against unreasonable searches and
obligation are liable for damages. seizure is impaired.
Page 53 of 61
Service may, by leave of court, be For a summary of judgment to be
effected out of the Philippines by personal proper, the movant must establish that
service; or by publication and order of there must be no genuine issue as to any
the court shall be sent by registered mail material fact, except for the amount of
to the last known address of the damages, and the party presenting the
defendant, or in any other manner the motion must be entitled to a judgment as
court may deem sufficient. a matter of law.
Is the act of filing multiple suits If the motion to quash is denied, the
involving the same parties for the same accused may file a motion for
cause of action, either simultaneously or reconsideration. If the same is denied, the
successively, for the purpose of obtaining accused may resort to a petition for
a favorable judgment. (Executive certiorari under Rule 65 directly to the
Secretary, 298 SCRA 735) Supreme court.
Page 56 of 61
Under the Extradition Treaty and Law, If the accused is arrested without
the application of the Secretary of Justice warrant, he is entitled a preliminary
for a warrant of arrest need not be set for investigation. He can move for a
hearing, and Juan cannot be allowed to reinvestigation.
post bail if the court would issue a warrant
of arrest. The provisions in the Rules of Any objection to the illegality of the
Court on arrest and bail are not basically arrest of the accused without a warrant is
applicable. (Government of the United deemed waived when he pleaded not
States of America vs. Puruganan, 389 guilty at the arraignment without raising
SCRA 623) the question. It is too late to complain
about a warrantless arrest after trial is
Warrant of Seizure commenced and completed and a
judgment of conviction rendered against
Is normally applied for with a search the accused. (People vs. Cabiles, 284
warrant, in criminal cases. The warrant of SCRA 199)
seizure must particularly describe the
things to be seized. A warrantless arrest requires that the
crime has in fact just been committed and
An application for search and seizure the police arresting has personal
warrant shall be filed with the following: knowledge of facts that the person to be
(a) Any court within whose territorial arrested has committed it.
jurisdiction a crime was committed. (b)
For compelling reasons stated in the Will
application, any court within the judicial
region where the crime was committed if The will of an alien who is abroad
the place of the commission of the crime produces effect in the Philippines is made
is known, or any court within the judicial in accordance with the formalities
region where the warrant shall be prescribed by law of the place where he
enforced. resides, or according to the formalities
observed in his country. (Palaganas vs.
Warrantless Arrest Palaganas, 26 January 2011)
Page 57 of 61
A person having custody of the will, he Disqualification:
has the duty to deliver the will to the 1. Parties or assignors of parties to a
court having jurisdiction or to the executor case
named in the will within twenty (20) days 2. Persons in whose behalf a case is
upon learning the death of the testator. prosecuted
3. Against an executor or administrator
No will shall pass shall pass either real 4. Person of unsound mind
or personal estate unless it is proved and
allowed in the proper court. After formally submitting his evidence,
the plaintiff can recall a witness with leave
An order denying the probate of a will of court. The court may grant or withhold
may be overturned after the period to leave in its discretion as the interests of
appeal therefrom has lapsed by filing a justice may require.
Petition for Relief or an action for
Annulment of Judgment. Child Witness
Page 58 of 61
Witness Protection, Security and It is sufficient that there be an allegation
Benefit Act of real threat against petitioner’s life,
liberty, and/or security. (Gen. A. Razon,
Advice the client to ask for a Jr. vs. Tagitis, 3 December 2009)
reinvestigation and convince the
prosecutor for him to move for the Is a remedy available to any person
discharge of the client as a state witness, whose right to life, liberty, and security is
or the accused can apply as a state violated or threatened with violation by an
witness. unlawful act or omission of a public official
or employee, or of a private individual or
The right to prosecute vests the entity. The writ shall cover extralegal
prosecutor with a wide range of discretion, killings and enforced disappearances or
including what and whom to charge. threats thereof.
(Soberano vs. People, 472 SCRA 125)
Writ of Continuing Mandamus
Writ of Amparo (A.M. No. 07-9-12-SC)
Is a writ issued by a court in an
It is a remedy available to any person environmental case directing any agency
whose right to life, liberty and security has or instrumentality of the government or
been violated or is threatened with officer thereof to perform an act or series
violation by an unlawful act or omission of of acts decreed by final judgment which
a public officer or employee or of a private shall remain effective until judgment is
individual or entity. The writ covers fully satisfied.
extralegal killings, enforced
disappearances or threats. Writ of Habeas Corpus
The writ of habeas corpus issued by It may be granted if after trial of the
the Family Court in Angeles City may not action, it appears that the applicant is
be legally enforced in Cebu City, because entitled to have the act or acts complained
the writ is enforceable only within the of permanently enjoined.
judicial region to which the Family Court
belongs, unlike the writ granted by the Writ of Kalikasan
Supreme Court or Court of Appeals which
is enforceable anywhere in the Philippines. The filing of a petition for the issuance
of Writ of Kalikasan shall not preclude the
The father of the deceased husband filing of a separate civil, criminal, or
has the personality to institute the petition administrative actions; thus, the petitioner
for habeas corpus of two minor girls, can later file a complaint for damages with
because the grandparent has the right of the Regional Trial Court.
custody as against the mother of the two
minor girls who is a prostitute. The following may file a petition for
Writ of Kalikasan:
The petition for habeas corpus may be 1. Natural or juridical persons
filed by "some person in his behalf." 2. Entity authorized by law
3. PO’s, NGO’s, or any public interest
Writ of Habeas Data (A. M. No. 08-1- group accredited by or registered with
16-SC) any government agency on behalf of
persons whose constitutional right to a
There must be showing that the right balanced and healthful ecology is
to privacy in life, liberty, or security is violated.
violated or threatened by an unlawful act
or omission. The company must be shown Reliefs under Writ of Kalikasan
to be engaged in the gathering, collecting 1. Directing respondent to permanently
storing of data or information regarding cease and desist from committing acts
the person, family, home and or neglecting the performance of a
correspondence of the aggrieved party. duty in violation of environmental laws
resulting in environmental destruction
If the petition is denied by the regional or damage.
Trial Court (RTC), the remedy is to file 2. Directing the respondent or public
verified petition for review on certiorari official, government agency, private
under Rule 45, the appellant may raise person or entity to protect, preserve,
questions of fact or law or both, within 5 rehabilitate or restore environment.
work days from date of notice of the 3. Directing the respondent public official,
judgment or final order to the Supreme government agency, private person or
Court. entity to monitor strict compliance with
the decision and orders of the court.
Is a remedy available to any persons 4. Directing the respondent public official,
whose right to privacy in life, liberty, or government agency, or private person
security is violated or threatened with or entity to make periodic reports on
violation by unlawful act or omission of a the execution of the final judgment;
public official or employee, or of a private and
individual or entity engaged in the
Page 60 of 61
5. Such other reliefs which relate to the even if the dismissal is not yet final.
right of the people to a balanced and (Golez vs. Leonidas, 107 SCRA 187)
healthful ecology or to the protection,
preservation, rehabilitation or As injunction as the main action is
restoration of the environment, except brought specifically to obtain a judgment
the award of damages to individual perpetually restraining or commanding the
petitioner. performance of an act after trial. (Del Mar
vs. PAGCOR, 346 SCRA 485)
Writ of Mandamus
A suit for injunction cannot aptly be
It may be issued to control the filed with the Supreme Court to stop the
exercise of discretion when, in the President of the Philippines from entering
performance of duty, there is undue delay into a peace agreement with the National
that can be characterized as a grave Democratic Front, which is a purely
abuse of discretion resulting in manifest of political question. (Madarang v.
injustice. (Lumanlaw vs. Peralta, Jr., 13 Santamaria, 37 Phil. 304). The President
February 2006) of the Philippines is immune from suit.
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