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BASIC DOCTRINES IN Alivio, G.R. No.

177771, May 30,


REMEDIAL LAW 2011).

[5] CONTINUING THREAT: In order


[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

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