[1] AUTER ACTION PENDANT: It that writ of amparo can be issued, refers to the situation where two the threat on the right to life liberty actions are pending between the or security must be actual and same parties for the same cause of continuing and not merely action, so that one of them imaginary, thereby depriving the becomes unnecessary and petitioner of his said right from the vexatious. It is based on the policy inception up to the termination of against multiplicity of suits. the case.
[2] BERRY RULE: Filing of motion [6] FALSA DEMONSTRATIO NON
for new trial based on newly NOCET: It is a rule which states discovered evidence which cannot that where there are two be produced in court despite descriptions in a deed, the one as it exercise of due diligence, and if were, super added to the other, and considered would probably alter the one description being complete and outcome of the case. sufficient in itself, and the other which is subordinate and super [3] BUBBLE BURST THEORY: The added is incorrect, the incorrect rule on presumption of law shall not description or feature or apply in case there is evidence to circumstance of the description is the contrary. rejected as a surplusage, and the complete and correct description is [4] CHAIN OF CUSTODY: Is "the allowed to stand alone. (Please duly recorded authorized see: Myers vs. Ladd, 26 Ill, 515, movements and custody of seized 417) drugs or controlled chemicals or plant sources of dangerous drugs [7] FRESH PERIOD: It is a or laboratory equipment of each procedural law as it prescribes a stage, from the time of seizure/ fresh period of 15 days within which confiscation to receipt in the an appeal may be made in the forensic laboratory to safekeeping event that the motion for to presentation in court for reconsideration is denied by the destruction." (see also: People vs. lower court. Following the rule on retroactivity of procedural laws, the “fresh period rule” should be [ 1 0 ] I M M U TA B I L I T Y O F applied to pending actions, such as JUDGMENT: Once the judgment the present case. (Priscilla Alma becomes final and executory, it can Jose vs. Ramon Javellana, et al., no longer be amended, set aside, G.R. No. 158239, January 25, or disturbed 2012) [11] INDEPENDENT RELEVANT [8] FRUIT OF THE POISONOUS STATEMENT: Regardless of the TREE: The warrant issued by the truth or falsity of a statement, when judge did not comply with the what is relevant is the fact that such requisites of the law, and therefore, statement has been made, the void, or when the search made hearsay rule does not apply and without warrant is unjustifiable, the statement may be shown. (Jose whether it is found or discovered Espinelia.k.aDaniloEspineli vs. afterwards, cannot be used as People of the Philippines, G.R. No. evidence against the suspect. The 179535, June 9, 2014) items or articles obtained are the “fruits of a poisoned tree.”(People [12] INTERLOCKING vs. Burgos, 144 SCRA 1; People CONFESSION: These are vs. Montilla, 285 SCRA 703; extrajudicial confessions which Manalili vs. CA, 280 SCRA 400) were independently made without collusion, are identical with each [9] HYPOTHETICAL ADMISSION other in their material respects and or PRESUMPTION OF TRUTH: confirmatory of the other. They are, When a motion to dismiss is filed, therefore, also admissible as the material allegations of the circumstantial evidence against complaint are deemed to be their co-accused implicated therein hypothetically admitted. This to show the probability of the hypothetical admission, extends not latter’s actual participation in the only from the relevant and material commission of the crime. facts well pleaded in the complaint, but also to inferences that may be [13] JUDICIAL COURTESY: “[d]ue fairly deduced from them. (The respect for the Supreme Court and Municipality of Hagonoy, Bulcan, et practical and ethical considerations al. vs. Hon. Simeon Dumdum, Jr., should have prompted the G.R. No. 168289, March 22, 2010) appellate court wait for the final determination of the petition [for certiorari] before taking cognizance of the case and trying to render thereof was received. (Great moot exactly what was before this Southern Maritime Services [C]ourt.” The principle of judicial Corporation vs. Acuna, 452 SCRA courtesy applies only “if there is a 422, February 28, 2005) strong probability that the issues before the higher court would be [16] NON-PROSEQUITUR: Once a rendered moot and moribund as a case is dismissed for failure to result of the continuation of the prosecute, the dismissal has the proceedings in the lower effect of an adjudication on the court.”(Juan Trajano aka Johnny merits and is understood to be with vs. Uniwide Sales Warehouse prejudice to the filing of another ClubG.R. 190253, June 11, 2014) action unless otherwise provided in the order of dismissal. [14] LAW OF THE CASE: It has been defined as the opinion [17] NON-SUITED: Failure of the delivered on a former appeal, and plaintiff to appear on the scheduled means, more specifically, that pre-trial conference would result to whatever is once irrevocably the dismissal of the case with established as the controlling legal prejudice, unless otherwise ordered rule of decision between the same by the court to be without prejudice. parties in the same case continues to be the law of the case, whether [18] PARTY AUTONOMY: Parties correct on general principles or not, have the freedom to expressly so long as the facts on which such stipulate or agree by virtue of decision was predicated continue to written agreement on how their be the facts of the case before the disputes will be settled by court. submitting their differences to an arbitrator before an action may be [15] MATERIAL DATES: Under the commenced in court. material dates rule, a petition must alleged three (3) material dates [19] PRESUMED IDENTITY which is necessary which are as APPROACH: Where a foreign law follows: 1) The date when the is not pleaded or, even if pleaded, judgment or final order or resolution is not proved, the presumption is was received; 2) The date when the that foreign law is the same as motion for reconsideration or new ours. (ATCI Overseas Corporation, trial was filed; and 3) The date Amalia G. Ikdal And Ministry Of when the notice of the denial Public Health-Kuwait Vs. Ma. JosefaEchin, G.R. No. 178551, put in jeopardy of an offense, October 11, 2010) acquittal or conviction in either one will bar the prosecution for another [20] PRIMARY JURISDICTION: offense, or his was terminated When an administrative body is without the express consent of the clothed with original and exclusive accused. jurisdiction, courts are utterly without power and authority to [24] SET-OFF: A permissive exercise concurrently such counterclaim does not arise out of jurisdiction. Accordingly, all the and is not connected with the proceedings of the court in violation transaction or occurrence of that doctrine and all orders and constituting the subject matter of decisions reached are null and the opposing party’s claim which void. (Manolito Agra, et al., vs. required the presence of a third Commission on Audit, G.R. No. person for its adjudication; 167807, December 6, 2011) [25] SEXUAL ABUSE SHIELD: The [21] RECOUPMENT: A compulsory following evidence is not admissible counterclaim arises out of or is in any criminal proceeding involving connected with the transaction or alleged child sexual abuse: (1) occurrence constituting the subject Evidence offered to prove that the matter of the opposing party’s claim alleged victim engaged in other which does not require the sexual behavior; and(2) Evidence presence of a third person over o ff e r e d t o p r o v e t h e s e x u a l whom the court cannot acquired predisposition of the alleged victim. jurisdiction; (b) Exception.— Evidence of s p e c i fi c i n s t a n c e s o f s e x u a l [22] RELAXED ADMISSIBILITY OF behavior by the alleged victim to EVIDENCE : In the proper prove that a person other than the resolution of the case, the court has accused was the source of semen, the discretion to admit a rather injury, or other physical evidence inadmissible evidence provided it shall be admissible. has a relation to other evidence already presented which is relevant [26] STATUTE OF NON-CLAIMS: to the fact in issue in the case. Immediately after granting letters testamentary or administration, the [23] RES JUDICATA IN PRISON court shall issue a notice requiring GREY: Accused cannot be twice all persons having money claims against the decedent to file them in and maintain a pre-existing the office of the clerk of court which continuing relation between the shall state the time of the filing of parties, recently and arbitrarily the claim against estate, which interrupted by the defendant, than shall not be more than twelve (12) to establish a new months but less than six (6) months relation.”(Thunder Security and after the date of first publication of Investigation Agency vs. National the notice, but before distribution is Food Authority, supra) entered, upon application of an unpaid creditor who failed to file his [ 2 8 ] T R A N S C E N D E N TA L claim, the court on cause shown IMPORTANCE: Suspension of the may allow the claim to be filed rules of procedure in case the within the time not exceeding one subject matter of the action is of (10 month. great importance/involving national interest; [27] STRONG ARM OF EQUITY: At times referred to as the “Strong [29] TWO-DISMISSAL: When the Arm of Equity,” [the Court has] notice operates as an adjudication consistently ruled that there is no upon the merits when filed by a power the exercise of which is plaintiff who has once dismissed in more delicate and which calls for a competent court an action based greater circumspection than the on or including the same claim. issuance of an injunction. It should only be extended in cases of great [ 3 0 ] V I AT O R Y R I G H T O F injury where courts of law cannot WITNESS: If the witness resides afford an adequate or more than 100 km from the place commensurate remedy in where he is to travel by the ordinary damages; “in cases of extreme course of travel, or if he is a urgency; where the right is very detention prisoner and no clear; where considerations of permission is obtained from the relative inconvenience bear court in which his case is pending, strongly in complainant’s favor; then he cannot be compelled to where there is a willful and unlawful attend the trial. The right is invasion of plaintiff’s right against available only in CIVIL cases. his protest and remonstrance, the 1 injury being a continuing one, and where the effect of the mandatory injunction is rather to re-establish