15 Basic Doctrines in Remedial Law:

1. IMMUTABILITY OF JUDGMENT: Once the judgment becomes final and executory, it can no longer be
amended, set aside, or disturbed

2. INDEPENDENT RELEVANT STATEMENT: Regardless of the truth or falsity of a statement, when what
is relevant is the fact that such statement has been made, the hearsay rule does not apply and the
statement may be shown. (Jose Espinelia.k.aDaniloEspineli vs. People of the Philippines, G.R. No.
179535, June 9, 2014)

3. INTERLOCKING CONFESSION: These are extrajudicial confessions which were independently made
without collusion, are identical with each other in their material respects and confirmatory of the other.
They are, therefore, also admissible as circumstantial evidence against their co-accused implicated
therein to show the probability of the latter’s actual participation in the commission of the crime.

4. JUDICIAL COURTESY: “[d]ue respect for the Supreme Court and practical and ethical considerations
should have prompted the appellate court wait for the final determination of the petition [for certiorari]
before taking cognizance of the case and trying to render moot exactly what was before this [C]ourt.” The
principle of judicial courtesy applies only “if there is a strong probability that the issues before the higher
court would be rendered moot and moribund as a result of the continuation of the proceedings in the
lower court.”(Juan Trajano aka Johnny vs. Uniwide Sales Warehouse ClubG.R. 190253, June 11, 2014)

5. LAW OF THE CASE: It has been defined as the opinion delivered on a former appeal, and means, more
specifically, that whatever is once irrevocably established as the controlling legal rule of decision between
the same parties in the same case continues to be the law of the case, whether correct on general
principles or not, so long as the facts on which such decision was predicated continue to be the facts of
the case before the court.

6. MATERIAL DATES: Under the material dates rule, a petition must alleged three (3) material dates which
is necessary which are as follows: 1) The date when the judgment or final order or resolution was
received; 2) The date when the motion for reconsideration or new trial was filed; and 3) The date when
the notice of the denial thereof was received. (Great Southern Maritime Services Corporation vs. Acuna,
452 SCRA 422, February 28, 2005)

7. NON-PROSEQUITUR: Once a case is dismissed for failure to prosecute, the dismissal has the effect of
an adjudication on the merits and is understood to be with prejudice to the filing of another action unless
otherwise provided in the order of dismissal.

8. NON-SUITED: Failure of the plaintiff to appear on the scheduled pre-trial conference would result to the
dismissal of the case with prejudice, unless otherwise ordered by the court to be without prejudice.

9. PARTY AUTONOMY: Parties have the freedom to expressly stipulate or agree by virtue of written
agreement on how their disputes will be settled by submitting their differences to an arbitrator before an
action may be commenced in court.

10. PRESUMED IDENTITY APPROACH: Where a foreign law is not pleaded or, even if pleaded, is not
proved, the presumption is that foreign law is the same as ours. (ATCI Overseas Corporation, Amalia G.
Ikdal And Ministry Of Public Health-Kuwait Vs. Ma. JosefaEchin, G.R. No. 178551, October 11, 2010)

11. AUTER ACTION PENDANT: It refers to the situation where two actions are pending between the same
parties for the same cause of action, so that one of them becomes unnecessary and vexatious. It is based
on the policy against multiplicity of suits.

12. BERRY RULE: Filing of motion for new trial based on newly discovered evidence which cannot be
produced in court despite exercise of due diligence, and if considered would probably alter the outcome
of the case.
13. BUBBLE BURST THEORY: The rule on presumption of law shall not apply in case there is evidence to
the contrary.

14. CHAIN OF CUSTODY: Is "the duly recorded authorized movements and custody of seized drugs or
controlled chemicals or plant sources of dangerous drugs or laboratory equipment of each stage, from
the time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in court
for destruction." (see also: People vs. Alivio, G.R. No. 177771, May 30, 2011).

15. CONTINUING THREAT: In order that writ of amparo can be issued, the threat on the right to life liberty
or security must be actual and continuing and not merely imaginary, thereby depriving the petitioner of
his said right from the inception up to the termination of the case.