INDEX

INDEX
(VOLUME TWO)

-A-

ABC of Effective Decision Writing

accuracy
brevity
clarity
consistency
currency
decimals
fractions
italicization
numbers
parallelism of words
percentage
periods of time
setting off words
titles and headings
units of measure

N-34-50
N-34-35
N-35-40
N-40-50
N-43
N-48
N-48
N-47-48
N-45
N-46-47
N-42
N-47
N-49
N-45
N-44
N-49

ADOPTION

N-10-12

ANNOTATED REPORTS/STATUTES

M-7

ANTI-GRAFT AND CORRUPT PRACTICES

ACT, violations of

J-8

ANTI-MONEY LAUNDERING ACT, violations of

J-9

APPEAL
cases where death penalty is imposed

J-86
J-86

ATTACHMENT

J-96

-BBAIL

J-35-42
application where accused is charged
with a capital offense
cash bond
corporate surety

Q-1

J-39-41
J-35
J-36

INDEX

property bond
ten commandments for a judge on
application for bail

J-36-37
J-41-42

BANGALORE DRAFT OF THE CODE OF

JUDICIAL CONDUCT

L-2

BOOKS OF DEFINITIONS

M-8

BOOKS OF INDEX

M-8

-C-

CAVE RESOURCES
administrative seizure and confiscation
coverage
implementing agencies
law enforcement
other applicable laws
prohibited acts
regulated activities

K-108-110
K-110
K-108
K-108
K-110
K-109
K-109-110
K-109

CHAIN SAW ACT (RA 9175)

criminal offenses

K-5

CHANGE OF NAME

N-13

CITATORS

M-8-9

CIVIL ACTIONS, in general

N-4-5

CIVIL CASES (environmental law)

answer
citizen suit
civil action and liability
civil SLAPP suits
complaint
consent decree
environmental class actions
environmental protection order
judgment and execution
judicial review of DENR decisions via
special civil actions under Rule 65
pleadings allowed and prohibited

K-21-44
K-31
K-34-35
K-18-19
K-41-43
K-27-28
K-40
K-32-34
K-29-30
K-43-44

Q-2

K-44
K-31-32

INDEX

pre-trial
replevin
summons and court processes
trial

K-36-40
K-26-27
K-30-31
K-40-41

COMPETENCE AND DILIGENCE (Canon 6)

abstract of the Rules on Canon 6
competence
diligence
what judges shall do
what judges shall not do
comment
jurisprudence on gross ignorance
of the law
gross inefficiency (delay in disposing
of judicial business)

L-41-52
L-42-43
L-42
L-42-43, 50-52
L-42
L-43
L-43-52

COMPLAINT OR INFORMATION
amendment or substitution
cause of the accusation
definitions
requisites
strict scrutiny of averments, particularly
in heinous crimes
rape cases
testing sufficiency of

J-11
J-23
J-15-17
J-11
J-11

COMPLEX CRIMES, rule on

illegal possession of firearms and unlawful
killing with the use thereof
reckless imprudence cases

J-21-23

L-43-50
L-50-52

J-15-17
J-16-17
J-15

J-21-22
J-22-23

CONTINUING CRIMES: the principle of delito

continuado
examples
non-application of
single larceny rule

J-19
J-19
J-20
J-19

COURT MANAGEMENT
areas of court excellence
affordable and accessible services
court management and leadership
court policies
court resources
court users needs and satisfaction
public trust and confidence

O-5-8
O-7-8
O-5-6
O-6
O-6
O-7
O-8

Q-3

INDEX

communicating performance results and

improvements
general measurement system
assessing court excellence
collecting and analyzing information
identifying areas of improvement
Philippine court values
specific measurement tools
court audit
court peer review tool
court policy and leadership tool
court users satisfaction survey tool
performance measurement for
specialized courts
quantitative measurement tools

O-13
O-9-11
O-9-10
O-11
O-10
O-5
O-11-12
O-12
O-12
O-12
O-11-12
O-12
O-11

COURT TOOLS

O-2

CRIMES COMMITTED BY PUBLIC OFFICIALS

and employees jurisprudence on

J-9

CRIMINAL ACTION, institution of

J-11-12

CRIMINAL ACTIONS

N-5-6

CRIMINAL CASES (environmental law)

arraignment and plea bargaining
arrest
bail
civil action and liability
complaint and information
criminal SLAPP suits
custody and disposition of seized items
original and exclusive jurisdiction of first
level courts
original and exclusive jurisdiction of second
level courts
pre-trial
provisional remedies
trial

K-5-20
K-15
K-12
K-14-15
K-18-19
K-14
K-20
K-12-13

CRIMINAL PROCEDURE
jurisdiction, in general
elements of
penalty attached
nature of offense charged

J-1-99
J-1-44
J-1
J-1
J-1

Q-4

K-5-9
K-9-11
K-16-17
K-19
K-18

INDEX

territorial jurisdiction over

place of crime
requisites for valid exercise
jurisdiction over subject matter
jurisdiction over territory where
offense was committed
exceptions
jurisdiction over the person
of the accused
jurisdiction, in particular
Municipal Trial Courts, expanded
Exclusive original jurisdiction of
Regional Trial Court, jurisdiction of
family courts
regular cases
special cases of libel,
dangerous drugs and
violations of Intellectual
Property Code

J-1
J-2-4
J-2
J-3
J-3
J-4
J-5
J-5-6
J-6-7
J-7-8
J-6

J-6-7

-D-

DAMAGES
that may be awarded

J-73-75

DANGEROUS DRUGS CASES

J-7

DECISION WRITING
ABC of effective decision writing
basic considerations
decision and order distinguished
decision defined and explained
civil actions in general
criminal actions
drafting the decision
additional points to consider
conclusion, if desired
finding of fact
opinion or statement of relevant law
writing the beginning
writing the body of the decision
writing the dispositive portion
enhancement of writing style
power of words

N-1-71
N-34-50
N-1-3
N-2-3
N-1-2
N-4-5
N-5-6
N-27-34
N-32-33
N-33-34
N-28-30
N-30-32
N-27
N-28-34
N-34
N-61-71
N-61-62

Q-5

INDEX

some pointers on writing style

law on the form and content of a decision
main parts of a decision
body
dispositive portion
organizing the decision
identifying and defining the issues
preparing a LOPP-FLOPP conclusion
analysis of the issues
preparing an outline with generic
and case-specific headings
shotgun house analysis
punctuations and quotations
some rules on punctuations
some rules on quotations
special civil actions
declaratory relief
expropriation
forcible entry and unlawful detainer
foreclosure of real estate mortgage
partition
quo warranto
replevin
special proceedings
adoption
change of name
declaration of nullity of void marriage
or annulment of marriage
legal separation
others

N-62-71
N-3-13
N-13-23
N-13-16
N-16-23
N-23-24
N-24
N-24-25
N-26-27
N-25
N-51-60
N-51-55
N-56-60
N-6-13
N-6
N-7
N-9
N-8
N-8-9
N-6-7
N-10
N-10-13
N-10-12
N-13
N-12
N-12-13
N-13

DECLARATORY RELIEF

N-6

DEMURRER TO EVIDENCE

J-70-71

DEPARTMENT OF AGRICULTURE (DA)

BUREAU OF FISHERIES AND AQUATIC
RESOURCES (BFAR)
authority to board fishing vessels and
examine record books
authority to pursue and inspect foreign
vessels for poaching
grant of fishery privileges
law enforcement

Q-6

K-74-76
K-75
K-75-76
K-74
K-75

INDEX

DEPARTMENT OF ENVIRONMENT AND

NATURAL RESOURCES (DENR)
authority to enter premise in pollution
doctrine of primary jurisdiction
licenses and permits issued
FTAAS not unconstitutional
mineral agreements
nature of DENR secretarys power
to cancel FTAAS
nature of locators right
other permits
rights of surface owners

K-93-95
K-114
K-21
K-93-94
K-93
K-94
K-94
K-95
K-94-95

DIGESTS

M-8

DISHONESTY, jurisprudence on

L-11-13

DOCTRINE OF PRIMARY JURISDICTION

K-21

DUPLICITY OF OFFENSES, rule on

exceptions to
no duplicity in charge of estafa
no duplicity in rape with homicide

J-18
J-18
J-18
J-18

-E-

ENVIRONMENTAL IMPACT STATEMENT SYSTEM

definition
duties of PENRO
ECC subject to cancellation for noncompliance through administrative
proceedings
initial environmental examination, requisites
official act of granting ECC be devoid of any
color of authority to allow cancellation
through judicial action without exhausting
administrative remedies
Regional Executive Director (RED) not bound
to monitor environmental projects

K-115-118
K-115-116
K-117-118

ENVIRONMENTAL LAW
categories of
cave resources
definition

K-1-136
K-1
K-108-110
K-1

Q-7

K-116-117
K-116

K-116
K-118

INDEX

civil cases
citizen suit
civil action and liability
civil SLAPP suits
consent decree
DENRs primary jurisdiction
doctrine of primary jurisdiction
environmental class actions
environmental protection order
exhaustion of administrative remedies
exceptions
non-observance constitutes
forum-shopping
licenses or franchises as exercise
of police power, revocation of
criminal cases
arraignment and plea bargaining
arrest
bail
civil action and liability
complaint and information
criminal SLAPP suits
custody and disposition of seized items
original and exclusive jurisdiction of
first level courts
original and exclusive jurisdiction of
second level courts
pre-trial
provisional remedies
trial
environmental laws covered by the rules
fisheries
forestry
jurisprudence
mining
pollution and environmental management
precautionary principle
procedure in administrative seizure and
confiscation under Presidential Decree
No. 705 (DENR DAO 97-33)
protected areas
rules of procedure for environmental cases
search and seizure procedure in poaching
cases (DA-BFAR fao 200, s. 2000)

Q-8

K-21-44
K-34-35
K-18-19
K-41-43
K-40
K-21
K-21
K-32-34
K-29-30
K-22
K-23-24
K-22
K-25
K-5-20
K-15
K-12
K-14-15
K-18-19
K-14
K-20
K-12-14
K-5-9
K-9-11
K-16-17
K-19
K-18
K-2-3
K-70-85
K-52-68
K-118-119
K-86-92
K-111-119
K-3-4

K-120-131
K-98-102
K-2
K-135-136

INDEX

special civil actions

writ of continuing mandamus
writ of kalikasan
wildlife resources

K-45-51
K-49-51
K-45-49
K-103-107

EQUALITY (Canon 5)
abstract of the rules on Canon 5
what judges shall do
what judges shall not do
comment
concept
epigram

L-38-41
L-39-40
L-39
L-40
L-40-41
L-38-39
L-39

ETHICS, definition of

L-1

EVIDENCE, demurrer to

J-70-71

EXCLUSIVE ECONOMIC ZONE (EEZ)

K-70

EXHAUSTION OF ADMINISTRATIVE REMEDIES

exceptions

K-22
K-23-24

EXPROPRIATION

N-7

-F-

FAMILY COURTS, jurisdiction of

J-7-8

FIRST LEVEL COURTS

original and exclusive jurisdiction
violation of cave laws
violation of fishery laws
violation of forestry laws
violation of mining laws
violation of NIPAS law
violation of pollution laws
violation of wildlife law

K-5-9
K-7
K-5-6
K-5
K-6
K-6-7
K-8-9
K-7

FISHERIES
authority over municipal matters
confiscation and forfeiture
coverage
illegal activities
jurisdiction of DA-BFAR

K-70-85
K-71-74
K-80-81
K-70
K-76-77
K-74-77

Q-9

INDEX

municipal waters defined

presumptions
prosecution
search and seizure procedure in poaching
cases (DA-BFAR FAO 200, s. 2000)
seizure of fish catch
seizure of vessels and equipment

K-70-71
K-78-80
K-84-85
K-135-136
K-83
K-81-83

FORCIBLE ENTRY AND UNLAWFUL DETAINER

N-9

FORECLOSURE OF REAL ESTATE MORTGAGE

N-6

FORESTRY LAWS
administrative confiscation
arrest and prosecution
Chainsaw Act
criminal offenses
illegal cutting, gathering and possession
illegal logging
judgment and conviction
judicial and administrative confiscation
and forfeiture
jurisdiction of DENR
procedure in administrative seizure and
confiscation under Presidential Decree
No. 705 (DENR DAO 97-32)
punishable acts under P.D. 705 as
mala prohibita
search and seizure
timber, defined

K-5, K-52-68
K-60-63
K-63-66
K-68-69
K-5, K-54-68
K-55-59
K-54
K-67-68

FORM-BOOKS/PRACTICE BOOKS

M-9

K-55
K-52-54

K-120-131
K-59
K-60
K-59

-G-

GRAVE ABUSE OF AUTHORITY

L-14-16

Q-10

INDEX

-I-

IMMORALITY
jurisprudence on

L-14

IMPARTIALITY (Canon 3)
abstract of the rules in Canon 3
what judges may do
what judges shall not do
what judges should do
bias or prejudice
comment
disqualification and inhibition of judge
impermissible conduct and comment
of judge
not sufficient basis for inhibition
or prejudice
undue interference of a judge in the
conduct of trial
concept
epigram
judges duty to sit
judges knowledge of disputed evidentiary
facts
judge or member of his or her family has
an economic interest in the outcome
of the matter in controversy
judge previously served as lawyer or was
a material witness in the matter in
controversy
judges ruling in lower court is the
subject of review
remittal of disqualification
voluntary inhibition

L-16-28
L-17-18
L-18
L-18
L-17
L-21-22
L-18-28
L-20-21

INDEPENDENCE (Canon 1)
aspects of
institutional judicial independence
individual judicial independence
prerequisite to rule of law

L-3-9
L-3
L-3
L-3
L-4

INDEXES

M-9

Q-11

L-18-19
L-22
L-19-20
L-16-17
L-17
L-25-26
L-23

L-23-29

L-23
L-24
L-27-28
L-26-27

INDEX

INTEGRITY (Canon 2)
abstract of rules in Canon 2
what judges shall do
comment
concept
epigram
lack of
Supreme Court decisions on
dishonesty
grave abuse of authority
immorality

L-9-16
L-9
L-9-10
L-10
L-9
L-9
L-11

INTELLECTUAL PROPERTY CODE, violations of

J-7

INTERNATIONAL FRAMEWORK FOR COURT

EXCELLENCE (IFCE)

O-2-3

L-11-13
L-14-16
L-14

-J-

JUDGES
and family
and judicial colleagues and other
relationships
and public opinion
and their relationship with society
attributes
comments
disqualification and inhibition of judges
bias or prejudice
duty to sit
judge or member of family has an
economic interest in the outcome
of the matter in controversy
personal knowledge of disputed
evidentiary facts
previously served as a lawyer or
was a material witness in the
matter in controversy
related by consanguinity or affinity
to a party litigant in the sixth civil
degree or to counsel within fourth
civil degree
remittal of disqualification

Q-12

L-6-7
L-7
L-5-6
L-7-9
L-2
L-18
L-20-21
L-21-22
L-25-26

L-23-24
L-23

L-23

L-24-25
L-27-28

INDEX

ruling in lower court is the subject

of review
voluntary inhibition
gross ignorance of the law
gross inefficiency (delay)
impermissible conduct
neglect of duty
undue interference of a judge in the
conduct of trial
what makes a great judge
what judges may do
what judges shall do
what judges shall not do
what judges should be
what judges should do
JUDGMENT
checklist
definition
damages that may be awarded
entry of
promulgation of
modification of
modify or set aside a judgment of
conviction only

L-24
L-26-27
L-49-50
L-50-51
L-18-19
L-52
L-19-20
L-1
L-18
L-4-5
L-18
L-4
L-17
J-72-77
J-72-73
J-72
J-73-75
J-77
J-75
J-76
J-76

JUDICIAL ETHICS
brief overview
definition of
postulates on

L-1-2
L-1
L-2-3

JUDICIAL INDEPENDENCE
aspects of
individual
institutional

L-4-5
L-3-4
L-3

JURISDICTION, in general
requisites for valid exercise
exceptions
jurisdiction determined by allegations
of complaint or information
jurisdiction over the person of the
accused
jurisdiction over subject matter
jurisdiction over territory where
offense was committed

Q-13

J-2-4
J-3
J-3
J-4
J-2
J-3

INDEX

-L-

LAGUNA LAKE DEVELOPMENT

AUTHORITY (LLDA)

K-115

LAW BOOKS
books of index
books of definitions
citators
digests
form-books/practice books
indexes
tables
books of search
annotated reports/statutes
legal encyclopedias
loose-leaf services
practice manuals
primary materials
primary sources
mandatory authority
persuasive authority
opinions of legal experts
other state and foreign sources
secondary materials
secondary sources

M-8-9
M-8
M-8-9
M-8
M-9
M-9
M-9
M-7-9
M-7
M-7
M-7
M-8
M-7
M-1-2
M-1
M-2
M-9
M-9
M-7
M-2

LEGAL RESEARCH
American case law
decisions of state courts
Federal Appellate and District Court
decisions
U.S. Federal Supreme Court decisions
American legal resources
Federal constitution
Federal statutes
treaties and other international
agreements
citation and writing references
classifying the issues
conclusion
conducting legal research
critical fact-related steps
organizing the legal issues
doing legal research

Q-14

M-1-46
M-26-28
M-27-28
M-26-27
M-26-28
M-25-28
M-25
M-25
M-26
M-45
M-6
M-46
M-3-6
M-3-4
M-4
M-5

INDEX

electronic sources of law

computer disks
the internet
finding the law
books of search
sources of law
general pointers in legal research
law finding techniques
reading and keeping abreast with the law
research in case law
Court of Appeals decisions
decisions of some administrative
agencies and boards
Sandiganbayan decisions
Supreme Court decisions
research in statutory law
administrative regulations and rules
Constitution
compilations of Supreme Court
issuances
court issuances
ordinances
other Supreme Court publications
statutes proper
rules of procedure and other court
issuances
treaties and international agreements

M-29-41
M-29-34
M-34-41
M-7-9
M-7-9
M-7
M-43-44
M-5-6
M-42
M-22-24
M-23
M-24
M-24
M-22-23
M-10-21
M-14-15
M-10-11
M-21
M-17-21
M-16
M-21
M-12-13
M-17-21
M-11

LEGAL ENCYCLOPEDIAS

M-7

LEGAL SEPARATION

N-12-13

LIBEL, committed by public officers

J-6

LOOSE-LEAF SERVICES

M-7

-M-

MOTION for examination of the accuseds

witness before trial

J-67-68

MOTION for new trial or reconsideration

grounds for new trial
ground for reconsideration
requisites

J-78-79
J-78
J-78
J-79

Q-15

INDEX

MOTION to determine competency

to stand trial

J-69-70

MOTION to quash

J-28-29

-O-

OFFICERS OF THE EXECUTIVE BRANCH

classified as Grade 27 or higher

J-8

-P-

PLEA BARGAINING
when there is plea bargaining
when there is no plea bargaining

J-50-52
J-50
J-50-52

PRELIMINARY INVESTIGATION
precondition to filing in court
general rule
exceptions to general rule
effect of institution of criminal action

J-11
J-11
J-11-12
J-12
J-12

PRE-TRIAL
after arraignment, things to do
after pre-trial conference
before arraignment
before pre-trial conference
during pre-trial conference
plea bargaining

J-46
J-47-48
J-53
J-46
J-48
J-48-49
J-50

PROBABLE CAUSE
basis: personal knowledge
test is liability for perjury
insufficiency of affidavits
description of place to be seized
determination of whether search warrant
describes premises with particularity
factors that may be considered in its
determination
illustrative cases
meaning of

Q-16

J-88
J-89
J-89
J-94
J-95
J-91
J-90
J-88

INDEX

need for searching questions and answers

by the judge
specific offense must be charged and not
violation of codes
tests to determine particularity
PROBATION
filing of application
incidents during probation
modification of probation condition/s
or period
referral to probation officer
report to issuance of probation order
report of post-sentence investigation
revocation of
sample probation forms
termination of
transfer of control over
PROCEDURAL CHECKLISTS ON CRIMINAL
PROCEDURE
cases cognizable by the first level courts
after the issuance of arrest warrant
and before trial stage
suggested searching questions
for simple theft
upon receipt of complaint or
information
cases cognizable by Regional Trial Courts
application for bail where the accused
is charged with capital offense
incidents after issuance of warrant
of arrest or commitment order
upon receipt of complaint or
information up to issuance of the
warrant of arrest
common procedures in first and second
level courts
PROSECUTION OF CIVIL ACTION
civil liability not arising from crime not
extinguished by acquittal
general rule
institution of criminal and civil actions
separate civil action to recover civil
liability allowed for obligations not arising
from the crime, e.g. quasi-delict

Q-17

J-92
J-92
J-93-94
J-80-85
J-80
J-82
J-82-83
J-81
J-81
J-81
J-83-84
J-81
J-84-85
J-84
J-29-60
J-29-30
J-32-33
J-31-32
J-30-31
J-33-42
J-39-41
J-35-38

J-33-34
J-43-45
J-24-27
J-25-26
J-24
J-24-25

J-26

INDEX

extinction of penal action does not

extinguish civil action
exception- prejudicial action
PROSECUTION OF OFFENSES
control by prosecution
control by court once case is filed
limitations
institution of criminal action
intervention of the offended party by
counsel
who must prosecute

J-27
J-27
J-11-23
J-13
J-14
J-14-15
J-11
J-13
J-12-13

PROSECUTORs MOTION FOR EXAMINATION

of its witness before trial

J-68-69

PROVISIONAL REMEDIES, availability of

attachment

J-96
J-96

PUBLIC OFFICIALS AND EMPLOYEES, crime

in relation to their office

J-10

-R-

RECOGNIZANCE
allowed in certain instances
definition of

J-37-38
J-37-38
J-37

-S-

SANDIGANBAYAN, original and exclusive

jurisdiction of
offenses or felonies, whether simple or
complexed with other crimes committed
by public officers
civil and criminal cases filed pursuant to
Executive Order Nos. 1, 2, 14 and 14-8
issued in 1986
violations of Anti-Graft and Corrupt
Practices Act
violation of the Anti-Laundering Act
violations of Chapter II, Section 2, Title VII,
Book II of the Revised Penal Code

Q-18

J-8-9

J-9

J-9
J-8
J-9
J-8

INDEX

SANDIGANBAYAN, procedures
procedure in appealed cases
stages in appeals
stages in criminal cases

J-97-99
J-99
J-99
J-97

SEARCH WARRANTS, issuance of

basis of probable cause
description of place to be seized
determination of whether search warrant
describes premises with particularity
examination of complaint
need for searching questions and answers
by judge
probable cause, meaning of
requisite of particular description of
things to be seized
requisites for
rule on forum shopping
seizure of personal property
tests to determine particularity

J-87-95
J-88
J-94
J-95
J-88
J-92
J-88
J-92-93
J-88
J-87
J-87
J-93-94

-T-

TRIAL

J-54-71
compliance with constitutional limitations
on periods
conducting the trial
incidents during trial
application to discharge accused to
be state witness
effects on accused charged as
state witness
when petition to suspend based on
pendency of a prejudicial question
in a civil action filed in criminal
action
what to do if accused is reputed to
have died
order of trial
pertinent rules

Q-19

J-62
J-61-71
J-54
J-54-56
J-57

J-58-59
J-59-60
J-66-67
J-62-67